[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]


 
                      COMMITTEE ON FOREIGN AFFAIRS 
                     COMMITTEE ON FOREIGN RELATIONS 

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                         JOINT COMMITTEE PRINT

                               JULY 2009

                                VOLUME V

                     TREATIES AND RELATED MATERIAL

                     U.S. House of Representatives

                              U.S. Senate
        Legislation on Foreign Relations Through 2005--Volume V




                      COMMITTEE ON FOREIGN AFFAIRS
                     COMMITTEE ON FOREIGN RELATIONS

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                     

                               JULY 2009

                                VOLUME V

                     TREATIES AND RELATED MATERIAL

                     U.S. House of Representatives

                              U.S. Senate

 Printed for the use of the Committees on Foreign Affairs and Foreign 
 Relations of the House of Representatives and the Senate respectively

                               ----------
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39-710 PDF                       WASHINGTON : 2009 

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                      COMMITTEE ON FOREIGN AFFAIRS

                 HOWARD L. BERMAN, California, Chairman

GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
Samoa                                DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts         RON PAUL, Texas
GREGORY W. MEEKS, New York           JEFF FLAKE, Arizona
DIANE E. WATSON, California          MIKE PENCE, Indiana
RUSS CARNAHAN, Missouri              JOE WILSON, South Carolina
ALBIO SIRES, New Jersey              JOHN BOOZMAN, Arkansas
GERALD E. CONNOLLY, Virginia         J. GRESHAM BARRETT, South Carolina
MICHAEL E. McMAHON, New York         CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida

                   Richard J. Kessler, Staff Director

                Yleem Poblete, Republican Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       Republican Leader designee
BARBARA BOXER, California            BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey          JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania   JIM DeMINT, South Carolina
JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire        ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                      David McKean, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of treaties and related material is part of a 
five volume set of laws and related material frequently 
referred to by the Committees on Foreign Affairs of the House 
of Representatives and Foreign Relations of the Senate, amended 
to date and annotated to show pertinent history or cross 
references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We  wish  to  express  our  appreciation  to  Larry Q. 
Nowels and Dianne E Rennack of the Foreign Affairs, Defense, 
and Trade Division of the Congressional Research Service of the 
Library of Congress and Suzanne Kayne of the U.S. Government 
Printing Office who prepared volume V of this year's 
compilation.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.

                                                      July 1, 2009.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    All treaties included in this volume, except as noted 
below, are currently in force. The texts of the treaties have 
been codified, with footnoting, to show them in amended form. 
Treaties included in the volume but not presently in force for 
the United States are the Convention Relating to the Status of 
Refugees, the Treaty for the Prohibition of Nuclear Weapons in 
Latin America with Additional Protocols I and II, and the 
Interim Agreement on Certain Measures With Respect to the 
Limitation of Strategic Offensive Arms. All other material in 
this volume is in force as of December 31, 2005.
    Corrections may be sent to Dianne E Rennack at the Library 
of Congress, Congressional Research Service, Washington, D.C., 
20540-7460, or by e-mail at [email protected].

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
R.S.........................................  Revised Statutes.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.
                                  (vi)





















                            C O N T E N T S

                              ----------                              
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

A. FOREIGN ASSISTANCE (See Volume I)

B. AGRICULTURAL COMMODITIES......................................     3

 1. Agreement Establishing the International Fund for 
    Agricultural Development.....................................     5
 2. Grains Trade Convention, 1995................................    30
 3. Food Aid Convention, 1999....................................    47

C. THE PEACE CORPS (See Volume I-B)

D. DEPARTMENT OF STATE...........................................    67

 1. State Department Procedures on Treaties and Other 
    International Agreements (partial text of circular 175)......    69
 2. Vienna Convention on Diplomatic Relations....................    95
 3. Vienna Convention on Consular Relations......................   112
 4. Organization and Administration..............................   143
 5. Control of Persons Leaving or Entering the United States 
    (Presidential Proclamation 3004).............................   150
 6. Migration and Refugee Assistance.............................   153

E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS....   177

 1. Agreement for Facilitating the International Circulation of 
    Visual and Auditory Materials of an Educational, Scientific, 
    and Cultural Character (Beirut Agreement of 1949)............   178
 2. Agreement on the Importation of Educational, Scientific, and 
    Cultural Materials (Florence Agreement), with Reservation and 
    Associated Protocol..........................................   184
 3. Protocol to the Agreement on the Importation of Educational, 
    Scientific, and Cultural Materials...........................   193

F. ARMS CONTROL AND DISARMAMENT..................................   205

 1. Limits on Nuclear Testing....................................   207
 2. SALT and Related Materials...................................   323
 3. Treaty Between the United States of America and the Union of 
    Soviet Socialist Republics on the Limitation of Anti-
    Ballistic Missile Systems, With Associated Protocol].........   342
 4. INF..........................................................   349
 5. Seabed Arms Control Treaty...................................   402
 6. Convention on the Prohibition of Military or Any Other 
    Hostile Use of Environmental Modification Techniques.........   407
 7. Treaty on the Non-Proliferation of Nuclear Weapons...........   412
 8. Chemical and Biological Warfare..............................   418
 9. Conventional Armed Forces in Europe (CFE)....................   458
10. Antarctic Treaty.............................................   481
11. Prohibition of Nuclear Weapons in Latin America..............   487
12. U.S.-U.S.S.R. Bilateral Arms Control Agreements..............   506
13. U.S.-Russia Bilateral Arms Control Agreements................   518
14. Convention on Prohibitions or Restrictions on the Use of 
    Certain Conventional Weapons Which May Be Deemed to be 
    Excessively Injurious or to Have Indiscriminate Effects, with 
    Protocol.....................................................   524

G. WAR POWERS, COLLECTIVE SECURITY TREATIES, AND RELATED 
    MATERIALS....................................................   531

 1. Latin America................................................   533
 2. North Atlantic...............................................   713
 3. Security Treaty Between Australia, New Zealand, and the 
    United States of America (ANZUS Pact)........................   737
 4. Asia.........................................................   740
 5. Agreement Between the United States of America and the 
    Multinational Force and Observers............................   754

H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS..........   783

 1. Charter of the United Nations................................   785
 2. International Court of Justice...............................   810
 3. Agreement Between the United Nations and the United States of 
    America Regarding the Headquarters of the United Nations.....   826
 4. Convention on Privileges and Immunities of the United Nations   837

I. INTERNATIONAL CRIME AND LAW ENFORCEMENT.......................   847

 1. Terrorism....................................................   849
 2. U.N. Convention on the Prevention and Punishment of Crimes 
    Against Internationally Protected Persons, Including 
    Diplomatic Agents............................................   886
 3. International Convention Against the Taking of Hostages......   892
 4. United Nations Convention Against Illicit Traffic in Narcotic 
    Drugs and Psychotropic Substances............................   899
 5. Inter-American Convention on Serving Criminal Sentences 
    Abroad.......................................................   926
 6. U.N. Convention Against Transnational Organized Crime........   932
 7. Convention on Combating Bribery of Foreign Public Officials 
    in International Business Transactions.......................   962
 8. Inter-American Convention Against Corruption.................   969
 9. Mutual Legal Assistance Treaties.............................   979
10. Extradition Treaties.........................................   994
11. Return of Stolen Vehicles Treaties...........................  1006

J. HUMAN RIGHTS..................................................  1015

 1. Universal Declaration of Human Rights........................  1017
 2. United Nations Convention on the Prevention and Punishment of 
    the Crime of Genocide........................................  1023
 3. Senate Resolution of Ratification of Genocide Convention, 
    including Reservations, Understandings and Declaration.......  1027
 4. International Covenant on Civil and Political Rights.........  1029
 5. ILO Convention No. 105 Concerning the Abolition of Forced 
    Labor........................................................  1046
 6. ILO Convention No. 144 Concerning Tripartite Consultations to 
    Promote International Labor Standards........................  1049
 7. ILO Convention Concerning the Prohibition and Immediate 
    Action for the Elimination of the Worst Forms of Child Labor.  1053
 8. ILO Convention Concerning Safety and Health in Mines.........  1058
 9. Two Optional Protocols to the Convention on the Rights of the 
    Child........................................................  1067

K. FINANCIAL INSTITUTIONS........................................  1081

 1. International Monetary Fund..................................  1083
 2. Articles of Agreement Establishing the International Bank for 
    Reconstruction and Development (Amended).....................  1182
 3. Articles of Agreement Establishing the International 
    Development Association......................................  1208
 4. Articles of Agreement Establishing the International Finance 
    Corporation (Amended)........................................  1229
 5. Convention Establishing the Multilateral Investment Guarantee 
    Agency.......................................................  1246
 6. Instrument for the Establishment of the Restructured Global 
    Environment Facility (Amended)...............................  1279
 7. Articles of Agreement Establishing the Inter-American 
    Development Bank (Amended)...................................  1304
 8. Inter-American Investment Corporation........................  1343
 9. Articles of Agreement Establishing the Asian Development Bank  1362
10. Articles of Agreement Establishing the African Development 
    Fund.........................................................  1395
11. Convention on the Settlement of Investment Disputes Between 
    States and Nationals of other States.........................  1421
12. Agreement Establishing the European Bank for Reconstruction 
    and Development..............................................  1439
13. Agreement Between the United States and Mexico Concerning the 
    Establishment of a Border Environment Cooperation Commission 
    and a North American Development Bank........................  1477

L. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS................  1503

 1. International Trade Functions................................  1505
 2. Hostage Return and Economic Relations with Iran..............  1520
 3. World Trade Organization and the General Agreement on Tariffs 
    and Trade....................................................  1529
 4. International Telecommunication Union........................  1635
 5. World Intellectual Property Organization Copyright Treaty....  1704
 6. Trademark Law Treaty.........................................  1711
 7. Bilateral Investment Treaties................................  1730
 8. Conventions for the Avoidance of Double Taxation and the 
    Prevention of Fiscal Evasion With Respect to Taxes on Income.  1743
 9. Friendship Treaties..........................................  1776
10. Bilateral Free Trade Agreements..............................  1795

M. LAW OF THE SEAS AND SELECTED MARITIME LEGISLATION.............  1955

 1. Law of the Seas..............................................  1957
 2. Convention for the Prohibition of Fishing with Long Driftnets 
    in the South Pacific.........................................  1986
 3. Inter-American Convention for the Protection of Sea Turtles..  1994

N. ENERGY AND NATURAL RESOURCES..................................  2009

 1. Nuclear Energy...............................................  2011
 2. Agreement on an International Energy Program.................  2114
 3. Convention on Early Notification of a Nuclear Accident.......  2140
 4. Convention on Assistance in the Case of a Nuclear Accident or 
    Radiological Emergency.......................................  2147
 5. Joint Convention on the Safety of Spent Fuel Management and 
    on the Safety of Radioactive Waster Management...............  2157
 6. Montreal Protocol on Substances that Deplete the Ozone Layer.  2176
 7. U.N. Convention to Combat Desertification in Those Countries 
    Experiencing Serious Drought and/or Desertification, 
    Particularly in Africa.......................................  2204
 8. International Plant Protection Convention....................  2231
 9 Agreement Establishing the South Pacific Regional Environment 
    Programme....................................................  2245

O. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION.....  2253

 1. Aviation.....................................................  2255
 2. Space and International Scientific Cooperation...............  2314

INDEX............................................................  2357
=======================================================================


                         A. FOREIGN ASSISTANCE

            (See Volume I for all Material on This Subject)

=======================================================================

      
=======================================================================


                      B. AGRICULTURAL COMMODITIES

                                CONTENTS

                                                                   Page
 1. Agreement Establishing the International Fund for 
    Agricultural Development.....................................     5
 2. Grains Trade Convention, 1995................................    30
 3. Food Aid Convention, 1999....................................    47

=======================================================================

      
   1. Agreement Establishing the International Fund for Agricultural 
                              Development

 Done at Rome June 13, 1976; Signed by the President August 15, 1977; 
Instrument of acceptance deposited October 4, 1977; Entered into force 
November 30, 1977;\1\ Amended March 11, 1987,\2\ February 20, 1997, and 
                           February 21, 1997

                                Preamble

    Recognizing that the continuing food problem of the world 
is afflicting a large segment of the people of the developing 
countries and is jeopardizing the most fundamental principles 
and values associated with the right to life and human dignity;
---------------------------------------------------------------------------
    \1\ 28 UST 8435; TIAS 8765.
    \2\ TIAS 12068.

    Considering the need to improve the conditions of life in 
the developing countries and to promote socio-economic 
development within the context of the priorities and objectives 
of the developing countries, giving due regard to both economic 
---------------------------------------------------------------------------
and social benefits;

    Bearing in mind the responsibility of the Food and 
Agriculture Organization of the United Nations within the 
United Nations system, to assist the efforts of developing 
countries to increase food and agricultural production, as well 
as that organization's technical competence and experience in 
this field;

    Conscious of the goals and objectives of the International 
Development Strategy for the Second United Nations Development 
Decade and especially the need to spread the benefits of 
assistance to all;

    Bearing in mind paragraph (f) of part 2 (``Food'') of 
Section I of General Assembly resolution 3202 (S-VI) on the 
Programme of Action on the Establishment of a new International 
Economic Order;

    Bearing in mind also the need for effecting transfer of 
technology for food and agricultural development and Section V 
(``Food and Agriculture'') of General Assembly resolution 3362 
(S-VII) on development and international economic co-operation, 
with particular reference to paragraph 6 thereof regarding the 
establishment of an International Fund for Agricultural 
Development;

    Recalling paragraph 13 of General Assembly resolution 3348 
(XXIX) and resolutions I and II of the World Food Conference on 
the objectives and strategies of food production and on the 
priorities for agricultural and rural development;

    Recalling resolution XIII of the World Food Conference 
which recognized:
          (i) the need for a substantial increase in investment 
        in agriculture for increasing food and agricultural 
        production in the developing countries;
          (ii) that provision of an adequate supply and proper 
        utilization of food are the common responsibility of 
        all members of the international community, and
          (iii) that the prospects of the world food situation 
        call for urgent and co-ordinated measures by all 
        countries;
and which resolved:
        that an International Fund for Agricultural Development 
        should be established immediately to finance 
        agricultural development projects primarily for food 
        production in the developing countries;

    The Contracting Parties have agreed to establish the 
International Fund for Agricultural Development, which shall be 
governed by the following provisions:

                               Article 1

                              definitions

    For the purposes of this Agreement the terms set out below 
shall have the following meaning, unless the context otherwise 
requires:
    (a) ``Fund'' shall mean the International Fund for 
Agricultural Development;
    (b) ``food production'' shall mean the production of food 
including the development of fisheries and livestock;
    (c) ``State'' shall mean any State, or any grouping of 
States eligible for membership of the Fund in accordance with 
Section 1(b) of Article 3;
    (d) ``freely convertible currency'' shall mean:
          (i) currency of a Member which the Fund determines, 
        after consultation with the International Monetary 
        Fund, is adequately convertible into the currencies of 
        other Members for the purposes of the Fund's 
        operations; or
          (ii) currency of a Member which such Member agrees, 
        on terms satisfactory to the Fund, to exchange for the 
        currencies of other Members for the purposes of the 
        Fund's operations.
``Currency of a Member'' shall, in respect of a Member that is 
a grouping of States, mean the currency of any member of such 
grouping;
    (e) ``Governor'' shall mean a person whom a Member has 
designated as its principal representative at a session of the 
Governing Council;
    (f) ``votes cast'' shall mean affirmative and negative 
votes.

                               Article 2

                        objective and functions

    The objective of the Fund shall be to mobilize additional 
resources to be made available on concessional terms for 
agricultural development in developing Member States. In 
fulfilling this objective the Fund shall provide financing 
primarily for projects and programmes specifically designed to 
introduce, expand or improve food production systems and to 
strengthen related policies and institutions within the 
framework of national priorities and strategies, taking into 
consideration: the need to increase food production in the 
poorest food deficit countries; the potential for increasing 
food production in other developing countries; and the 
importance of improving the nutritional level of the poorest 
populations in developing countries and the conditions of their 
lives.

                               Article 3

                               membership

Section 1--Eligibility for membership

    (a) Membership of the Fund shall be open to any State 
member of the United Nations or of any of its specialized 
agencies, or of the International Atomic Energy Agency.
    (b) Membership shall also be open to any grouping of States 
whose members have delegated to it powers in fields falling 
within the competence of the Fund, and which is able to fulfill 
all the obligations of a Member of the Fund.

Section 2--Original Members and non-original Members

    (a) Original Members of the Fund shall be those States 
listed in Schedule I, which forms an integral part of this 
Agreement, that become parties to this Agreement in accordance 
with Section 1(b) of Article 13.
    (b) Non-original Members of the Fund shall be those other 
States that, after approval of their membership by the 
Governing Council, become parties to this Agreement in 
accordance with Section 1(c) of Article 13.

Section 3--Limitation of liability \3\

    No Member shall be liable, by reason of its membership, for 
acts or obligations of the Fund.
---------------------------------------------------------------------------
    \3\ Amendment of February 20, 1997 struck out sec. 3 and 
redesignated sec. 4 as sec. 3. Sec. 3 had previously related to the 
classification of members.
---------------------------------------------------------------------------

                               Article 4

                               resources

Section 1--Resources of the Fund

    The resources of the Fund shall consist of:
          (i) initial contributions;
          (ii) additional contributions;
          (iii) special contributions from non-member States 
        and from other sources;
          (iv) funds derived or to be derived \4\ from 
        operations or otherwise accruing to the Fund.
---------------------------------------------------------------------------
    \4\ Amendment of February 21, 1997 inserted ``or to be derived''.
---------------------------------------------------------------------------

Section 2--Initial contributions

    (a) \5\ The amount of an initial contribution of an 
original and a non-original Member shall be the amount and in 
the currency of such contribution specified by the Member in 
its instrument of ratification, acceptance, approval or 
accession deposited by that Member pursuant to Section 1(b) and 
(c) of Article 13 of this Agreement.
---------------------------------------------------------------------------
    \5\ Amendment of February 20, 1997 amended and restated subsec. 
(a), struck out subsec. (b), and redesignated subsec. (c) as subsec. 
(b).
---------------------------------------------------------------------------
    (b) \5\ The initial contribution of each Member shall be 
due and payable in the forms set forth in Section 5 (b) and (c) 
of this Article, either in a single sum or, at the option of 
the Member, in three equal annual instalments. The single sum 
or the first annual instalment shall be due on the thirtieth 
day after this Agreement enters into force with respect to that 
Member; any second and third instalments shall be due on the 
first and on the second anniversary of the date on which the 
first instalment was due.

Section 3--Additional contributions

    In order to assure continuity in the operations of the 
Fund, the Governing Council shall periodically, at such 
intervals as it deems appropriate, review the adequacy of the 
resources available to the Fund; the first such review shall 
take place not later than three years after the Fund commences 
operations. If the Governing Council, as a result of such a 
review, deems it necessary or desirable, it may invite Members 
to make additional contributions to the resources of the Fund 
on terms and conditions consistent with Section 5 of this 
Article. Decisions under this Section shall be taken by a two-
thirds majority of the total number of votes.

Section 4--Increases in contributions

    The Governing Council may authorize, at any time, a Member 
to increase the amount of any of its contributions.

Section 5--Conditions governing contributions

    (a) Contributions shall be made without restrictions as to 
use and shall be refunded to contributing Members only in 
accordance with Section 4 of Article 9.
    (b) Contributions shall be made in freely convertible 
currencies.\6\
---------------------------------------------------------------------------
    \6\ Amendment of February 20, 1997 struck out ``except that Members 
in category III may pay contributions in their own currency whether or 
not it is freely convertible''.
---------------------------------------------------------------------------
    (c) Contributions to the Fund shall be made in cash or, to 
the extent that any part of such contributions is not needed 
immediately by the Fund in its operations, such part may be 
paid in the form of non-negotiable, irrevocable, non-interest 
bearing promissory notes or obligations payable on demand. In 
order to finance its operations, the Fund shall draw down all 
contributions (regardless of the form in which they are made) 
as follows:
          (i) contributions shall be drawn down on a pro rata 
        basis over reasonable periods of time as determined by 
        the Executive Board;
          (ii) where a contribution is paid partly in cash, the 
        part so paid shall be drawn down, in accordance with 
        paragraph (i), before the rest of the contribution. 
        Except to the extent that the part paid in cash is thus 
        drawn down, it may be deposited or invested by the Fund 
        to produce income to help defray its administrative and 
        other expenditures;
          (iii) all initial contributions, as well as any 
        increases in them, shall be drawn down before any 
        additional contributions are drawn down. The same rule 
        shall apply to further additional contributions.

Section 6--Special contributions

    The resources of the Fund may be increased by special 
contributions from non-member States or other sources on such 
terms and conditions, consistent with Section 5 of this 
Article, as shall be approved by the Governing Council on the 
recommendation of the Executive Board.

                               Article 5

                               currencies

Section 1--Use of currencies

    (a) Members shall not maintain or impose any restriction on 
the holding or use by the Fund of freely convertible 
currencies.
    (b) \7\ The non-convertible currency contributions of a 
Member made to the Fund on account of that Member's initial or 
additional contributions prior to 26 January 1995 may be used 
by the Fund, in consultation with the Member concerned, for the 
payment of administrative expenditures and other costs of the 
Fund in the territories of that Member, or, with the consent of 
that Member, for the payment of goods or services produced in 
its territories and required for activities financed by the 
Fund in other States.
---------------------------------------------------------------------------
    \7\ Amendment of February 20, 1997 amended and restated subsec. 
(b).
---------------------------------------------------------------------------

Section 2--Valuation of currencies

    (a) The unit of account of the Fund shall be the Special 
Drawing Right of the International Monetary Fund.
    (b) For the purposes of this Agreement, the value of a 
currency in terms of the Special Drawing Right shall be 
calculated in accordance with the method of valuation applied 
by the International Monetary Fund, provided that:
          (i) in the case of the currency of a member of the 
        International Monetary Fund for which such value is not 
        available on a current basis, the value shall be 
        calculated after consultation with the International 
        Monetary Fund;
          (ii) in the case of the currency of a non-member of 
        the International Monetary Fund, the value of the 
        currency in terms of the Special Drawing Right shall be 
        calculated by the Fund on the basis of an appropriate 
        exchange rate relationship between that currency and 
        the currency of a member of the International Monetary 
        Fund for which a value is calculated as specified 
        above.

                               Article 6

                      organization and management

Section 1--Structure of the Fund

    The Fund shall have: (a) A Governing Council; (b) an 
Executive Board; and (c) a President and such staff as shall be 
necessary for the Fund to carry out its functions.

Section 2--The Governing Council

    (a) Each Member shall be represented on the Governing 
Council and shall appoint one Governor and an alternate. An 
alternate may vote only in the absence of his principal.
    (b) All the powers of the Fund shall be vested in the 
Governing Council.
    (c) The Governing Council may delegate any of its powers to 
the Executive Board with the exception of the power to:
          (i) adopt amendments to this Agreement;
          (ii) approve membership; \8\
---------------------------------------------------------------------------
    \8\ Amendment of February 20, 1997 struck out ``and determine the 
classification or reclassification of Members''.
---------------------------------------------------------------------------
          (iii) suspend a member;
          (iv) terminate the operations of the Fund and 
        distribute its assets;
          (v) decide appeals from decisions made by the 
        Executive Board concerning the interpretation or 
        application of this Agreement;
          (vi) determine the remuneration of the President.
    (d) The Governing Council shall hold an annual session, and 
such special sessions as it may decide, or as are called by 
Members having at least one fourth of the total number of votes 
in the Governing Council, or as requested by the Executive 
Board by a two-thirds majority of the votes cast.
    (e) The Governing Council may by regulation establish a 
procedure whereby the Executive Board may obtain a vote of the 
Council on a specific question without calling a meeting of the 
Council.
    (f) The Governing Council may, by a two-thirds majority of 
the total number of votes, adopt such regulations and by-laws 
not inconsistent with this agreement as may be appropriate to 
conduct the business of the Fund.
    (g) A quorum for any meeting of the Governing Council shall 
be constituted by Governors exercising two-thirds of the total 
votes of all its members.\9\
---------------------------------------------------------------------------
    \9\ Amendment of February 20, 1997 struck out ``, provided that 
Governors exercising one half of the total votes of the members in each 
categories I, II and III are present''.
---------------------------------------------------------------------------

Section 3--Voting in the Governing Council

    (a) \10\ The total number of votes in the Governing Council 
shall be comprised of Original Votes and Replenishment Votes. 
All Members shall have equal access to those votes on the 
following basis:
---------------------------------------------------------------------------
    \10\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
          (i) Original Votes shall consist of a total of one 
        thousand eight hundred (1 800) votes made up of 
        membership votes and contribution votes:
                  (A) membership votes shall be distributed 
                equally among all Members; and
                  (B) contribution votes shall be distributed 
                among all Members in the proportion that each 
                Member's cumulative paid contributions to the 
                resources of the Fund, authorized by the 
                Governing Council prior to 26 January 1995 and 
                made by Members in accordance with Sections 2, 
                3 and 4 of Article 4 of this Agreement, bear to 
                the aggregate of the total of the said 
                contributions paid by all Members;
          (ii) Replenishment Votes shall be made up of 
        membership votes and contribution votes in a total 
        amount of votes to be decided by the Governing Council 
        upon each occasion that it calls for additional 
        contributions under Section 3 of Article 4 of this 
        Agreement (a ``replenishment'' commencing with the 
        fourth such replenishment. Except as the Governing 
        Council shall by a two-thirds majority of the total 
        number of votes otherwise decide, the votes for each 
        replenishment shall be established in the ratio of one 
        hundred (100) votes for the equivalent of each one 
        hundred and fifty eight million United States dollars 
        (USD 158 000 000) contributed to the total amount of 
        that replenishment, or a fraction thereof:
                  (A) membership votes shall be distributed 
                equally among all Members on the same basis as 
                that set forth in provision (i)(A) above; and
                  (B) contribution votes shall be distributed 
                among all Members in the proportion that each 
                Member's paid contribution to the resources 
                contributed to the Fund by Members for each 
                replenishment bears to the aggregate of the 
                total contributions paid by all Members to the 
                said replenishment; and
          (iii) The Governing Council shall decide the total 
        number of votes to be allocated as membership votes and 
        contribution votes under paragraphs (i) and (ii) of 
        this Section. Upon any change in the number of Members 
        of the Fund, the membership votes and contribution 
        votes distributed under paragraphs (i) and (ii) of this 
        Section shall be redistributed in accordance with the 
        principles laid down in the said paragraphs. In the 
        allocation of votes, the Governing Council shall ensure 
        that those Members classified as members of Category 
        III before 26 January 1995 receive one-third of the 
        total votes as membership votes.
    (b) Except as otherwise specified in this Agreement, 
decisions of the Governing Council shall be taken by a simple 
majority of the total number of votes.

Section 4--Chairman of the Governing Council

    The Governing Council shall elect a Chairman from among the 
Governors, who shall serve for two years.

Section 5--Executive Board

    (a) \11\ The Executive Board shall be composed of 18 
members and up to 18 alternate members, elected from the 
Members of the Fund at the annual session of the Governing 
Council. The seats in the Executive Board shall be distributed 
by the Governing Council from time to time as specified in 
Schedule II to this Agreement. The members of the Executive 
Board and their alternates, who may vote only in the absence of 
a member, shall be elected and appointed in accordance with the 
procedures set forth in Schedule II hereto, which forms an 
integral part of this Agreement.
---------------------------------------------------------------------------
    \11\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
    (b) Members of the Executive Board shall serve for a term 
of three years.\12\
---------------------------------------------------------------------------
    \12\ Amendment of February 20, 1997 struck out ``However, unless 
otherwise provided in or in accordance with Schedule II, at the first 
election two members in each category shall be designated to serve for 
one year, and two to serve for two years.''.
---------------------------------------------------------------------------
    (c) The Executive Board shall be responsible for the 
conduct of the general operations of the fund, and for this 
purpose shall exercise the powers given to it by this Agreement 
or delegated to it by the Governing Council.
    (d) The Executive Board shall meet as often as the business 
of the Fund may require.
    (e) The representatives of a member or of an alternate 
member of the Executive Board shall serve without remuneration 
from the Fund. However, the Governing Council may decide the 
basis on which reasonable travel and subsistence expenses may 
be granted to one such representative of each member and of 
each alternate member.
    (f) A quorum for any meeting of the Executive Board shall 
be constituted by members exercising two thirds of the total 
votes of all its members.\13\
---------------------------------------------------------------------------
    \13\ Amendment of February 20, 1997 struck out ``, provided that 
members exercising one half of the total votes of the members in each 
of categories I, II and III are present''.
---------------------------------------------------------------------------

Section 6--Voting in the Executive Board

    (a) \14\ The Governing Council shall, from time to time, 
decide the distribution of votes among the members of the 
Executive Board in accordance with the principles established 
in Section 3(a) of Article 6 of this Agreement.
---------------------------------------------------------------------------
    \14\ Amendment of February 20, 1997 amended and restated subsec. 
(a).
---------------------------------------------------------------------------
    (b) Except as otherwise specified in this Agreement, 
decisions of the Executive Board shall be taken by a majority 
of three fifths of the votes cast, provided that such majority 
is more than one half of the total number of votes of all 
members of the Executive Board.

Section 7--Chairman of the Executive Board

    The President of the Fund shall be the Chairman of the 
Executive Board and shall participate in its meetings without 
the right to vote.

Section 8--President and staff

    (a) The Governing Council shall appoint the President by a 
two-thirds majority of the total number of votes. He shall be 
appointed for a term of four \15\ years and shall be eligible 
for reappointment for only one further term. The appointment of 
the President may be terminated by the Governing Council by a 
two-thirds majority of the total number of votes.
---------------------------------------------------------------------------
    \15\ Amendment of March 11, 1987 struck ``three'' and inserted in 
lieu thereof ``four''.
---------------------------------------------------------------------------
    (b) \16\ Notwithstanding the restriction on the term of 
office of the President of four years, contained in paragraph 
(a) of this Section, the Governing Council may, under special 
circumstances, on the recommendation of the Executive Board, 
extend the term of office of the President beyond the duration 
prescribed in paragraph (a) above. Any such extension shall be 
for no more than six months.
---------------------------------------------------------------------------
    \16\ Amendment of March 11, 1987 added subsec. (b) and redesignated 
subsecs. (b) through (h) as subsecs. (c) through (i).
---------------------------------------------------------------------------
    (c) \16\ The President may appoint a Vice-President, who 
shall perform such duties as shall be assigned to him by the 
President.
    (d) \16\ The President shall head the staff and, under the 
control and direction of the Governing Council and the 
Executive Board, shall be responsible for conducting the 
business of the Fund. The President shall organize the staff 
and shall appoint and dismiss members of the staff in 
accordance with regulations adopted by the Executive Board.
    (e) \16\ In the employment of the staff and in the 
determination of the conditions of service consideration shall 
be given to the necessity of securing the highest standards of 
efficiency, competence and integrity as well as to the 
importance of observing the criterion of equitable geographical 
distribution.
    (f) \16\ The President and the staff, in the discharge of 
their functions, owe their duty exclusively to the Fund and 
shall neither seek nor receive instructions in regard to the 
discharge thereof from any authority external to the Fund. Each 
Member of the Fund shall respect the international character of 
this duty and shall refrain from any attempt to influence them 
in the discharge of their duties.
    (g) \16\ The President and the staff shall not interfere in 
the political affairs of any Member. Only development policy 
considerations shall be relevant to their decisions and these 
considerations shall be weighed impartially in order to achieve 
the objective for which the Fund was established.
    (h) \16\ The President shall be the legal representative of 
the Fund.
    (i) \16\ The President, or a representative designated by 
him, may participate, without the right to vote, in all 
meetings of the Governing Council.

Section 9--Seat of the Fund

    The Governing Council shall determine the permanent seat of 
the Fund by a two-thirds majority of the total number of votes. 
The provisional seat of the Fund shall be in Rome.

Section 10--Administrative budget

    The President shall prepare an annual administrative budget 
which he shall submit to the Executive Board for transmission 
to the Governing Council for approval by a two-thirds majority 
of the total number of votes.

Section 11--Publication of reports and provision of information

    The Fund shall publish an annual report containing an 
audited statement of its accounts and, at appropriate 
intervals, a summary statement of its financial position and of 
the results of its operations. Copies of such reports, 
statements and other publications connected therewith shall be 
distributed to all Members.

                               Article 7

                               operations

Section 1--Use of resources and conditions of financing

    (a) The resources of the Fund shall be to achieve the 
objective specified in Article 2.
    (b) Financing by the Fund shall be provided only to 
developing States that are Members of the Fund or to 
intergovernmental organizations in which such Members 
participate. In the case of a loan to an intergovernmental 
organization, the Fund may require suitable governmental or 
other guarantees.
    (c) The Fund shall make arrangements to ensure that the 
proceeds of any financing are used only for the purposes for 
which the financing was provided, with due attention to 
considerations of economy, efficiency and social equity.
    (d) In allocating its resources the Fund shall be guided by 
the following priorities:
          (i) the need to increase food production and to 
        improve the nutritional level of the poorest 
        populations in the poorest food deficit countries;
          (ii) the potential for increasing food production in 
        other developing countries. Likewise, emphasis shall be 
        placed on improving the nutritional level of the 
        poorest populations in these countries and the 
        conditions of their lives.
Within the framework of the above-mentioned priorities, 
eligibility for assistance shall be on the basis of objective 
economic and social criteria with special emphasis on the needs 
of the low income countries and their potential for increasing 
food production, as well as due regard to a fair geographic 
distribution in the use of such resources.
    (e) Subject to the provisions of this Agreement, financing 
by the Fund shall be governed by broad policies, criteria and 
regulations laid down, from time to time, by the Governing 
Council by a two-thirds majority of the total number of votes.

Section 2--Forms and terms of financing

    (a) Financing by the Fund shall take the form of loans and 
grants, which shall be provided on such terms as the Fund deems 
appropriate, having regard to the economic situation and 
prospects of the Member and to the nature and requirements of 
the activity concerned.
    (b) The proportion of the Fund's resources to be committed 
in any financial year for financing operations in either of the 
forms referred to in subsection (a) shall be decided from time 
to time by the Executive Board with due regard to the long-term 
viability of the Fund and the need for continuity in its 
operations. The proportion of grants shall not formally exceed 
one-eighth of the resources committed in any financial year. A 
large proportion of the loans shall be provided on highly 
concessional terms.
    (c) The President shall submit projects and programmes to 
the Executive Board for consideration and approval.
    (d) Decisions with regard to the selection and approval of 
projects and programmes shall be made by the Executive Board. 
Such decisions shall be made on the basis of the broad 
policies, criteria and regulations established by the Governing 
Council.
    (e) For the appraisal of projects and programmes presented 
to it for financing, the Fund shall, as a general rule, use the 
services of international institutions and may, where 
appropriate, use the services of other competent agencies 
specialized in this field. Such institutions and agencies shall 
be selected by the Executive Board after consultations with the 
recipient concerned and shall be directly responsible to the 
Fund in performing the appraisal.
    (f) The loan agreement shall be concluded in each case by 
the Fund and the recipient, which shall be responsible for the 
execution of the project or programme concerned.
    (g) The Fund shall entrust the administration of loans, for 
the purposes of the disbursement of the proceeds of the loan 
and the supervision of the implementation of the project or 
programme concerned, to competent international institutions. 
Such institutions shall be of a world-wide or regional 
character and shall be selected in each case with the approval 
of the recipient. Before submitting the loan to the Executive 
Board for approval, the Fund shall assure itself that the 
institution to be entrusted with the supervision agrees with 
the results of the appraisal of the project or programme 
concerned. This shall be arranged between the Fund and the 
institution or agency in charge of the appraisal as well as 
with the institution to be entrusted with the supervision.
    (h) For the purposes of subsections (f) and (g) above, 
references to ``loans'' shall be deemed to include ``grants''.
    (i) The Fund may extend a line of credit to a national 
development agency to provide and administer subloans for the 
financing of projects and programmes within the terms of the 
loan agreement and the framework agreed to by the Fund. Before 
the Executive Board approves the extension of such a line of 
credit, the national development agency concerned and its 
programme shall be appraised in accordance with the provisions 
of subsection (e). Implementation of the said programme shall 
be subject to supervision by the institutions selected in 
accordance with the provisions of subsection (g).
    (j) The Executive Board shall adopt suitable regulations 
for procuring goods and services to be financed from the 
resources of the Fund. Such regulations shall, as a general 
rule, conform to the principles of international competitive 
bidding and shall give appropriate preference to experts, 
technicians and supplies from developing countries.

Section 3--Miscellaneous operations

    In addition to the operations specified elsewhere in this 
Agreement, the Fund may undertake such ancillary activities and 
exercise such powers incidental to its operations as shall be 
necessary in furtherance of its objective.

                               Article 8

    relations with the united nations and with other organizations, 
                       institutions and agencies

Section 1--Relations with the United Nations

    The Fund shall enter into negotiations with the United 
Nations with a view to concluding an agreement to bring it into 
relationship with the United Nations as one of the specialized 
agencies referred to in Article 57 of the Charter of the United 
Nations. Any agreements concluded in accordance with Article 63 
of the Charter require the approval of the Governing Council, 
by a two-thirds majority of the total number of votes, upon the 
recommendation of the Executive Board.

Section 2--Relations with other organizations, institutions, and 
        agencies

    The Fund shall cooperate closely with the Food and 
Agriculture Organization of the United Nations and other 
organizations of the United Nations system. It shall also 
cooperate closely with other intergovernmental organizations, 
international financial institutions, nongovernmental 
organizations and governmental agencies concerned with 
agricultural development. To this end, the Fund will seek the 
collaboration in its activities of the Food and Agriculture 
Organization of the United Nations and the other bodies 
referred to above, and may enter into agreements or establish 
working arrangements with such bodies, as may be decided by the 
Executive Board.

                               Article 9

    withdrawal, suspension of membership, termination of operations

Section 1--Withdrawal

    (a) Except as provided in section 4(a) of this Article, a 
Member may withdraw from the Fund by depositing an instrument 
of denunciation of this Agreement with the Depositary.
    (b) Withdrawal of a Member shall take effect on the date 
specified in its instrument of denunciation, but in no event 
less than six months after deposit of such instrument.

Section 2--Suspension of Membership

    (a) If a Member fails to fulfill any of its obligations to 
the Fund, the Governing Council may, by a three-fourths 
majority of the total number of votes, suspend its membership. 
The Member so suspended shall automatically cease to be a 
Member one year from the date of its suspension, unless the 
Council decides by the same majority of the total number of 
votes to restore the Member to good standing.
    (b) While under suspension, a Member shall not be entitled 
to exercise any rights under this Agreement except the right of 
withdrawal, but shall remain subject to all of its obligations.

Section 3--Rights and duties of States ceasing to be Members

    Whenever a State ceases to be a Member, whether by 
withdrawal or through the operation of Section 2 of this 
Article, it shall have no rights under this Agreement except as 
provided in this Section or in Section 2 of Article 11, but it 
shall remain liable for all financial obligations undertaken by 
it to the Fund, whether as Member, borrower or otherwise.

Section 4--Termination of operations and distribution of assets

    (a) The Governing Council may terminate the Fund's 
operations by a three-fourths majority of the total number of 
votes. After such termination of operations the Fund shall 
forthwith cease all activities, except those incidental to the 
orderly realization and conservation of its assets and the 
settlement of its obligations. Until final settlement of such 
obligations and the distribution of such assets, the Fund shall 
remain in existence and all rights and obligations of the Fund 
and its Members under this Agreement shall continue unimpaired, 
except that no Member may be suspended or may withdraw.
    (b) No distribution of assets shall be made to Members 
until all liabilities to creditors have been discharged or 
provided for. The Fund shall distribute its assets to 
contributing Members pro rata to the contributions that each 
Member has made to the resources of the Fund. Such distribution 
shall be decided by the Governing Council by a three-fourths 
majority of the total number of votes and shall be effected at 
such times, and in such currencies or other assets as the 
Governing Council shall deem fair and equitable.

                               Article 10

                legal status, privileges and immunities

Section 1--Legal status

    The Fund shall possess international legal personality.

Section 2--Privileges and immunities

    (a) The Fund shall enjoy in the territory of each of its 
Members such privileges and immunities as are necessary for the 
exercise of its functions and for the fulfillment of its 
objective. Representatives of Members, the President and the 
staff of the Fund shall enjoy such privileges and immunities as 
are necessary for the independent exercise of their functions 
in connection with the Fund.
    (b) The privileges and immunities referred to in paragraph 
(a) shall:
          (i) in the territory of any Member that has acceded 
        to the Convention on the Privileges and Immunities of 
        the specialized Agencies in respect of the Fund, be as 
        defined in the standard clauses of that Convention as 
        modified by an annex thereto approved by the Governing 
        Council;
          (ii) in the territory of any Member that has acceded 
        to the Convention on the Privileges and Immunities of 
        the Specialized Agencies only in respect of agencies 
        other than the Fund, be as defined in the standard 
        clauses of that Convention, except if such Member 
        notifies the Depositary that such clauses shall not 
        apply to the Fund or shall apply subject to such 
        modifications as may be specified in the notification;
          (iii) be as defined in other agreements entered into 
        by the Fund.
    (c) In respect of a Member that is a grouping of States, it 
shall ensure that the privileges and immunities referred to in 
this Article are applied in the territories of all members of 
the grouping.

                               Article 11

                     interpretation and arbitration

Section 1--Interpretation

    (a) Any question of interpretation or application of the 
provisions of this Agreement arising between any Member and the 
Fund or between Members of the Fund, shall be submitted to the 
Executive Board for decision. If the question particularly 
affects any Member of the Fund not represented on the Executive 
Board, that Member shall be entitled to be represented in 
accordance with regulations to be adopted by the Governing 
Council.
    (b) Where the Executive Board has given a decision pursuant 
to subsection (a), any Member may require that the question be 
referred to the Governing Council, whose decision shall be 
final. Pending the decision of the Governing Council, the Fund 
may, so far as it deems necessary, act on the basis of the 
decision of the Executive Board.

Section 2--Arbitration

    In the case of a dispute between the Fund and a State that 
has ceased to be a Member, or between the Fund and any Member 
upon the termination of the operations of the Fund, such 
dispute shall be submitted to arbitration by a tribunal of 
three arbitrators. One of the arbitrators shall be appointed by 
the Fund, another by the Member or former Member concerned and 
two parties shall appoint the third arbitrator, who shall be 
the Chairman. If within 45 days of receipt of the request for 
arbitration either party has not appointed an arbitrator, or if 
within 30 days of the appointment of two arbitrators the third 
arbitrator has not been appointed, either party may request the 
President of the International Court of Justice, or such other 
authority as may have been prescribed by regulations adopted by 
the Governing Council, to appoint an arbitrator. The procedure 
of the arbitration shall be fixed by the arbitrators, but the 
Chairman shall have full power to settle all questions of 
procedure in any case of disagreement with respect thereto. A 
majority vote of the arbitrators shall be sufficient to reach a 
decision, which shall be final and binding upon the parties.

                               Article 12

                               amendments

    (a) Except in respect of Schedule II:
          (i) Any proposal to amend this Agreement made by a 
        Member or by the Executive Board shall be communicated 
        to the President who shall notify all Members. The 
        President shall refer proposals to amend this Agreement 
        made by a Member to the Executive Board, which shall 
        submit its recommendation thereon to the Governing 
        Council.
          (ii) Amendments shall be adopted by the Governing 
        Council by a four-fifths majority of the total number 
        of votes. Amendments shall enter into force three 
        months after their adoption unless otherwise specified 
        by the Governing Council except that any amendment 
        modifying:
                  (A) the right to withdraw from the Fund;
                  (B) the voting majority requirements provided 
                for in this Agreement;
                  (C) the limitation on liability provided for 
                in Section 3 \17\ of Article 3;
---------------------------------------------------------------------------
    \17\ Amendment of February 20, 1997 struck out ``4'' and inserted 
in lieu thereof ``3''.
---------------------------------------------------------------------------
                  (D) the procedure for amending this 
                Agreement;
        shall not come into force until written acceptance of 
        such amendment by all Members is received by the 
        President.
    (b) In respect of the several parts of Schedule II, 
amendments shall be proposed and adopted as provided in such 
parts.
    (c) The President shall immediately notify all Members and 
the Depositary of any amendments that are adopted and of the 
date of entry into force of any such amendments.

                               Article 13

                             final clauses

Section 1--Signature, ratification, acceptance, approval, and accession

    (a) This Agreement may be initialed on behalf of the States 
listed in Schedule I to this Agreement at the United Nations 
Conference on the establishment of the Fund and shall be open 
for signature at the Headquarters of the United Nations in New 
York by the States listed in that Schedule as soon as the 
initial contributions indicated therein to be made in freely 
convertible currencies amount to at least the equivalent of 
1,000 million United States dollars (valued as of 10 June 
1976). If the foregoing requirement has not been fulfilled by 
30 September 1976 the Preparatory Commission established by 
that Conference shall convene by 31 January 1977 a meeting of 
the States listed in Schedule I, which may by a two-thirds 
majority of each category reduce the above specified amount and 
may also establish other conditions for the opening of this 
Agreement for signature.
    (b) Signatory States may become parties by depositing an 
instrument of ratification, acceptance or approval; non-
signatory States listed in Schedule I may become parties by 
depositing an instrument of accession. Instruments of 
ratification, acceptance, approval and accession by States in 
category I or II shall specify the amount of the initial 
contribution the State undertakes to make. Signatures may be 
affixed and instruments of ratification, acceptance, approval 
or accession deposited by such States until one year after the 
entry into force of this Agreement.
    (c) States listed in Schedule I that have not become 
parties to this Agreement within one year after its entry into 
force and States that are not so listed, may, after approval of 
their membership by the Governing Council, become parties by 
depositing an instrument of accession.

Section 2

    (a) The Secretary-General of the United Nations shall be 
the Depositary of this Agreement.
    (b) The Depositary shall send notifications concerning this 
Agreement:
          (i) until one year after its entry into force, to the 
        States listed in Schedule I to this Agreement, and 
        after such entry into force to all States parties to 
        this Agreement as well as to those approved for 
        membership by the Governing Council;
          (ii) To the Preparatory Commission established by the 
        United Nations Conference on the Establishment of the 
        Fund, as long as it remains in existence, and 
        thereafter to the President.

Section 3--Entry into force

    (a) This Agreement shall enter into force upon receipt by 
the Depositary of instruments of ratification, acceptance, 
approval or accession from at least 6 States in category I, 6 
States in category II and 24 States in category III, provided 
that such instruments have been deposited by States in 
categories I and II the aggregate of whose initial 
contributions specified in such instruments amounts to at least 
the equivalent of 750 million United States dollars (valued as 
of 10 June 1976), and further provided that the foregoing 
requirements have been fulfilled within 18 months of the date 
on which this Agreement is opened for signature or by such 
later date as the States that have deposited such instruments 
by the end of that period may decide, by a two-thirds majority 
of each category, and as they notify to the Depositary.
    (b) For States that deposit an instrument of ratification, 
acceptance, approval or accession subsequent to the entry into 
force of this Agreement, it shall enter into force on the date 
of such deposit.
    (c) \18\ The obligations accepted by original and non-
original Members under this Agreement prior to 26 January 1995 
shall remain unimpaired and shall be the continuing obligations 
of each Member to the Fund.
---------------------------------------------------------------------------
    \18\ Amendment of February 20, 1997 added subsecs. (c) and (d).
---------------------------------------------------------------------------
    (d) \18\ References throughout this Agreement to categories 
or to Categories I, II and III shall be deemed to refer to the 
categories of Members prevailing prior to 26 January 1995, as 
set out in Schedule III hereto, which forms an integral part of 
this Agreement.

Section 4--Reservations

    Reservations may only be made to Section 2 of Article 11 of 
this Agreement.

Section 5--Authoritative texts

    The versions of this Agreement in the Arabic, English, 
French and Spanish languages shall each be equally 
authoritative.

    In witness whereof, the undersigned being duly authorized 
thereto, have signed this Agreement in a single original in the 
Arabic, English, French, and Spanish languages.

                               Schedule I

            Part I--States eligible for original membership
  
Category I                            Nigeria                               Liberia
                                      Qatar                                 Mali
Australia                             Saudi Arabia                          Malta
Austria                               United Arab Emirates                  Mexico
Belgium                               Venezuela                             Morocco
Canada                                                                      Nicaragua
Denmark                               Category III                          Pakistan
Finland                                                                     Panama
France                                Argentina                             Papua New Guinea
Germany \19\                          Bangladesh                            Peru
Ireland                               Bolivia                               Philippines
Italy                                 Botswana                              Portugal
Luxembourg                            Brazil                                Republic of Korea
Japan                                 Cameroon \21\                         Romania
Netherlands                           Cape Verde                            Rwanda
New Zealand                           Chad                                  Senegal
Norway                                Chile                                 Sierra Leone
Spain                                 Colombia                              Somalia
Sweden                                Congo                                 Sri Lanka
Switzerland                           Costa Rica                            Sudan
United Kingdom of Great Britain and   Cuba                                  Swaziland
 Northern Ireland                     Dominican Republic                    Syrian Arab Republic
United States of America              Ecuador                               Thailand
                                      Egypt                                 Tunisia
Category II                           El Salvador                           Turkey
                                      Ethiopia                              Uganda
Algeria                               Ghana                                 United Republic of
Gabon                                 Greece                                  Tanzania
Indonesia                             Guatemala                             Uruguay
Iran                                  Guinea                                Yugoslavia
Iraq                                  Haiti                                 Zaire
Kuwait                                Honduras                              Zambia
Libyan Arab Jamahiriya \20\           India
                                      Israel \1\
                                      Jamaica
                                      Kenya \1\ With reference to Article 7, Section 1(b) on the use of resources of the Fund for ``developing countries'',
  this country will not be included under this Section and will not seek or receive financing from the Fund.

      
---------------------------------------------------------------------------
    \19\ Amendment of February 20, 1997 struck out ``, Federal Republic 
of''.
    \20\ Amendment of February 20, 1997 struck out ``Republic'' and 
inserted in lieu thereof ``Jamahiriya''.
    \21\ Amendment of February 20, 1997 inserted Cameroon at this 
point. Previously, the country had been listed as the United Republic 
of Cameroon.
---------------------------------------------------------------------------

             Part II--Pledges of initial contributions \2\
------------------------------------------------------------------------
                                                Equivalent in SDRs \3\
                                 Amount in  ----------------------------
   State and currency unit       currency        Freely       Not freely
                                               convertible   convertible
------------------------------------------------------------------------
Category IAustralia: Australian           a 8,000,000            8,609,840
 dollar......................
Austria: U.S. dollar.........   a 4,800,000            4,197,864
Belgium:
  Belgian franc..............   500,000,000           11,930,855
  U.S. dollar................   a 1,000,000
Canada: Canadian dollar......  a 33,000,000           29,497,446
Denmark: U.S. dollar.........   a 7,500,000            6,559,163
Finland: Finnish markka......  a 12,000,000            2,692,320
France: U.S. dollar..........    25,000,000           21,863,875
Germany \19\: U.S. dollar....  a,b 55,000,0
                                         00           48,100,525
Ireland: Pound sterling......     a 570,000              883,335
Italy: U.S. dollar...........  a 25,000,000           21,863,875
Japan: U.S. dollar...........  a 55,000,000           48,100,525
Luxembourg: Special Drawing       a 320,000              320,000
 Right.......................
Netherlands:
  Dutch guilder..............   100,000,000           34,594,265
  U.S. dollar................     3,000,000
New Zealand: New Zealand        a 2,000,000            1,721,998
 dollar......................
Norway:
  Norwegian Kroner...........  a 75,000,000           20,612,228
  U.S. dollar................     9,981,851
Spain: U.S. dollar...........   c 2,000,000            1,749,110
Sweden:
  Swedish kroner.............   100,000,000           22,325,265
  U.S. dollar................     3,000,000
Switzerland: Swiss franc.....  a 22,000,000            7,720,790
United Kingdom: Pound            18,000,000           27,894,780
 sterling....................
United States: U.S. dollar...   200,000,000          174,911,000
                              ------------------------------------------
    Subtotal.................                        496,149,059
                              ==========================================
Category IIAlgeria: U.S. dollar.........    10,000,000            8,745,550
Gabon: U.S. dollar...........       500,000              437,278
Indonesia: U.S. dollar.......     1,250,000            1,093,194
Iran: U.S. dollar............   124,750,000          109,100,736
Iraq: U.S. dollar............    20,000,000           17,491,100
Kuwait: U.S. dollar..........    36,000,000           31,483,980
Libyan Arab Jamahiriya \20\:     20,000,000           17,491,100
 U.S. dollar.................
Nigeria: U.S. dollar.........    26,000,000           22,738,430
Qatar: U.S. dollar...........     9,000,000            7,870,995
Saudi Arabia: U.S. dollar....   105,500,000           92,265,553
United Arab Emirates: U.S.       16,500,000           14,430,158
 dollar......................Venezuela: U.S. dollar.......    66,000,000           57,720,630
                              ------------------------------------------
    Subtotal.................                        380,868,704
                              ==========================================
Category IIIArgentina: Argentine peso....  d 240,000,00                    1,499,237
                                          0
Bangladesh: Taka (equivalent        500,000                      437,278
 of U.S. dollar).............
Cameroon: \21\ U.S. dollar...        10,000           8,746
Chile: U.S. dollar...........        50,000          43,728
Ecuador: U.S. dollar.........        25,000          21,864
Egypt: Egyptian pound               300,000                      262,367
 (equivalent of U.S. dollar).
Ghana: U.S. dollar...........       100,000          87,456
Guinea: Syli.................  a 25,000,000                    1,012,145
Honduras: U.S. dollar........        25,000          21,864
India:
  U.S. dollar................     2,500,000       2,186,388
  Indian rupee (equivalent of     2,500,000                    2,186,388
   U.S. dollar)..............
Israel: Israel pound            a,e 150,000                      131,183
 (equivalent of U.S. dollar).
Kenya: Kenya shilling             1,000,000                      874,555
 (equivalent of U.S. dollar).
Mexico: U.S. dollar..........     5,000,000       4,372,775
Nicaragua: Cordoba...........       200,000                       24,894
Pakistan:
  U.S. dollar................       500,000         437,278
  Pakistan rupee (equivalent        500,000                      437,278
   of U.S. dollar)...........
Philippines: U.S. dollar f...     f 250,000          43,728      174,911
Republic of Korea:
  U.S. dollar................       100,000          87,456
  Chon (equivalent of U.S.          100,000                       87,456
   dollar)...................
Romania: Leu (equivalent of       1,000,000                      874,555
 U.S. dollar)................
Sierra Leone: Leone..........        20,000                       15,497
Sri Lanka:
  U.S. dollar................       500,000         437,278
  Sri Lanka rupee (equivalent       500,000                      437,278
   of U.S. dollar)...........
Syrian Arab Republic: Syrian        500,000                      111,409
 pound.......................
Thailand: U.S. dollar........       100,000          87,456
Tunisia: Tunisian dinar......        50,000                      100,621
Turkey: Turkish lira                100,000                       87,456
 (equivalent of U.S. dollar).
Uganda: Uganda shilling......       200,000                       20,832
United Republic of Tanzania:        300,000                       31,056
 Tanzania shilling...........Yugoslavia: Yugoslav dinar          300,000                      262,367
 (equivalent of U.S. dollar).
                              ------------------------------------------
    Subtotal.................                     7,836,017    9,068,763
                              ==========================================
    Total freely convertible.                  *884,853,780
                              ==========================================
    Grand total (freely and                          893,922,543
     not freely convertible).
------------------------------------------------------------------------
\2\ Subject to obtaining, where required, the necessary legislative
  approval.
\3\ Special Drawing Rights (SDRs) of the International Monetary Fund
  valued as of 10 June 1976. These equivalent values are stated merely
  for information in the light of Section 2(a) of Article 5 of the
  Agreement, with the understanding that the initial contributions
  pledged will be payable in accordance with Section 2(a) of Article 4
  of the Agreement in the amount and currency specified by the State
  concerned.
a Payable in three instalments.
b This amount includes an additional pledge of $US 3 million, which was
  made subject to the necessary budgetary arrangements in the fiscal
  year 1977.
c Payable in two instalments.
d To be spent within the territory of Argentina for goods or services
  required by the Fund.
e Usable for technical assistance.
f $US 200,000 of this pledge was stated to be subject to confirmation,
  including the terms of payment and the type of currency. This amount
  has consequently been entered in the ``not freely convertible''
  column.
* Equivalent of $US 1,011,776,023 valued as of 10 June 1976.

                            Schedule II \22\

     distribution of votes and election of executive board members

    1. The Governing Council, in accordance with the procedures 
specified in paragraph 29 of this Schedule, shall decide, from 
time to time, the distribution of seats and alternate seats 
among the Members of the Fund, taking into account: (i) the 
need to strengthen and safeguard the mobilization of resources 
for the Fund; (ii) the equitable geographic distribution of the 
said seats; and (iii) the role of developing Member Countries 
in the governance of the Fund.
---------------------------------------------------------------------------
    \22\ Amendment of February 20, 1997 amended and restated Schedule 
II.
---------------------------------------------------------------------------
    2. Distribution of Votes in the Executive Board. Each 
member of the Executive Board shall be entitled to cast the 
votes of all of the Members that it represents. Where the 
member represents more than one Member, it may cast separately 
the votes of the Members that it represents.
    3. (a) Lists of Member Countries. The Member Countries 
shall be divided, form time to time, into Lists A, B and C for 
the purposes of this Schedule. Upon joining the Fund, a new 
Member shall decide on which List it wishes to be placed and, 
after consultation with the Members of that List, shall provide 
appropriate notification thereof to the President of the Fund 
in writing. A Member may, at the time of each election for the 
members and alternate members representing the List of Member 
Countries to which it belongs, decide to withdraw from one List 
of Member Countries and place itself upon another List of 
Member Countries, with the approval of the Members therein. In 
such event, the concerned Member shall inform the President of 
the Fund in writing of such change, who shall, from time to 
time, inform all Members of the composition of all the Lists of 
Member Countries.
    (b) Distribution of Seats in the Executive Board. The 
eighteen (18) members and up to eighteen (18) alternate members 
of the Executive Board shall be elected or appointed from the 
Members of the Fund and of whom:
          (i) eight (8) members and up to eight (8) alternate 
        members shall be elected or appointed from among those 
        Members set forth in the List A of Member Countries, to 
        be established from time to time;
          (ii) four (4) members and four (4) alternate members 
        shall be elected or appointed from among those Members 
        set forth in the List B of Member Countries, to be 
        established from time to time; and
          (iii) six (6) members and six (6) alternate members 
        shall be elected or appointed from among those Members 
        set forth in the List C of Member Countries, to be 
        established from time to time.
    4. Procedures for the Election of Executive Board Members. 
The procedures that shall apply for the election or appointment 
of members and alternate members to vacant seats on the 
Executive Board shall be those set forth below for the 
respective Members of each List of Member Countries.

  a. election of members of the executive board and their alternatives

Part I--List A Member Countries

    5. All of the members and alternate members of the 
Executive Board from List A of Member Countries shall serve for 
a term of three years.
    6. List A Member Countries shall form constituencies and, 
on the basis of procedures agreed by the List A Member 
Countries and its constituencies, shall appoint eight members 
to the Executive Board and shall also appoint up to eight 
alternates.
    7. Amendments. The Governors representing List A Member 
Countries may by a unanimous decision amend the provisions of 
Part I of this Schedule (paragraphs 5 to 6). Unless otherwise 
decided, the amendment shall have immediate effect. The 
President of the Fund shall be informed of any amendment to 
Part I of this Schedule.

Part II--List B Member Countries

    8. All of the members and alternate members of the 
Executive Board from List B of Member Countries shall serve for 
a term of three years.
    9. The Members of List B shall form themselves into a 
number of constituencies equal to the number of seats allocated 
to the List, with each constituency represented by one member 
and one alternate member in the Executive Board. The President 
of the Fund shall be informed of the composition of each 
constituency and any changes thereto that may be made by the 
Members of List B from time to time.
    10. The Members of List B shall decide on the procedures 
that shall apply for the election or appointment of members and 
alternate members to vacant seats on the Executive Board and 
shall provide a copy thereof to the President of the Fund.
    11. Amendments. The provisions of Part II of this Schedule 
(paragraphs 8 to 10) may be amended by a vote of the Governors 
representing two-thirds of the List B Member Countries whose 
contributions (made in accordance with Section 5(c) of Article 
4) amount to seventy per cent (70%) of the contributions of all 
List B Member Countries. The President of the Fund shall be 
informed of any amendments to Part II of this Schedule.

Part III--List C Member Countries

Elections

    12. All the members and alternate members of the Executive 
Board from List C of Member Countries shall serve for a term of 
three years.
    13. Except as decided otherwise by the Member Countries of 
List C, of the six (6) members and six (6) alternate members of 
the Executive Board elected or appointed from among the List C 
Member Countries, two (2) members and two (2) alternate members 
shall be from each of the following regions, as these are set 
forth in each of the sub-Lists of List C Member Countries:
          Africa (sub-List C1);
          Europe, Asia and the Pacific (sub-List C2); and
          Latin America and the Caribbean (sub-List C3).
    14. (a) In accordance with the provisions contained in 
paragraphs 1 and 27 of this Schedule, the Member Countries of 
List C shall elect from the countries of its sub-List two 
members and two alternate members to represent the interests of 
the whole of the said sub-List, including at least one member 
or one alternate member from among the Member Countries in that 
sub-List making the highest substantial contributions to the 
resources of the Fund.
    (b) The Members of List C may review at any time but not 
later than the Sixth Replenishment of the Fund's Resources, the 
provisions of sub-paragraph (a) above, taking into account the 
experience of each sub-List in the implementation of the said 
sub-paragraph and, if necessary, amended keeping in view the 
relevant principles contained in Resolution 86/XVIII of the 
Governing Council.
    15. Balloting shall first take place for all members to be 
elected from each sub-List for which there is a vacancy and for 
which countries from each sub-List shall nominate candidates. 
Balloting for each seat shall take place among the Members of 
the List C.
    16. After all members have been elected, balloting shall 
take place for electing alternate members in the same orders 
indicated in paragraph 15 above.
    17. Election shall require a simple majority of the valid 
votes cast, not counting abstentions.
    18. If no candidate obtains in the first ballot the 
majority specified in paragraph 17 above, successive ballots 
shall be held, from each of which that candidate shall be 
eliminated who receives the lowest number of votes in the 
previous ballot.
    19. In case of a tide vote, the ballot shall, if necessary, 
be repeated and, if the tide persists in that ballot and on one 
subsequent one, a decision shall be taken by drawing lots.
    20. If at any stage there is only one candidate for a 
vacancy, he may be declared elected without a ballot, if no 
Governor objects.
    21. Meetings of the List C Member Countries for electing or 
appointing members and alternate members of the Executive Board 
shall be held in private. The Members of the List C shall 
appoint by consensus a Chairman for these meetings.
    22. The Members of each sub-List shall appoint by 
consensus, the Chairman of the respective sub-List meeting.
    23. The names of the members and alternate members elected 
shall be furnished to the President of the Fund along with the 
term of office of each member and alternate member and the list 
of principals and alternates.

Casting of Votes in the Executive Board

    24. For the purpose of casting votes in the Executive 
Board, the total number of votes of the countries of each sub-
List shall be divided equally between the members of the sub-
List concerned.

Amendments

    25. Part III of this Schedule (paragraphs 12 to 24) may be 
amended from time to time by a two-thirds majority of the List 
C Member Countries. The President of the Fund shall be informed 
of any amendments to Part III of this Schedule.

          b. general provisions applicable to list a, b, and c

    26. The names of the members and alternate members elected 
or appointed by Lists A, B and C of Member Countries, 
respectively, shall be furnished to the President of the Fund.
    27. Notwithstanding anything to the contrary in paragraphs 
5 to 25 above, at the time of each election, the Members of a 
List of Member Countries or the members of a constituency 
within a List may decide to appoint a specified number of 
Members making the highest substantial contribution to the Fund 
from that List as a member or alternate member of the Executive 
Board for that List of Member Countries in order to encourage 
Members to contribute to the resources of the Fund. In such 
event, the result of that decision shall be notified in writing 
to the President of the Fund.
    28. Once a new Member Country had joined a List of Member 
Countries, its Governor may designate an existing member of the 
Executive Board for that List of Member Countries to represent 
it and cast its votes until the next election of members of the 
Executive Board for that List. During such period, a member so 
designated shall be deemed to have been elected or appointed by 
the Governor which so designated it and the Member Country 
shall be deemed to have joined that member's constituency.
    29. Amendments to Paragraphs 1 to 4, 7, 11 and 25 to 29. 
The procedures set forth in paragraphs 1 to 4, 7, 11 and 25 to 
29 inclusive herein may be amended from time to time by a two-
thirds majority of the total votes of the governing Council. 
Unless otherwise decided, any amendment of paragraphs 1 to 4, 
7, 11 and 25 to 29 inclusive shall take effect immediately upon 
adoption thereof.

                           Schedule III \23\

  distribution of member states among categories as at 26 january 1995
---------------------------------------------------------------------------

    \23\ Amendment of February 20, 1997 added Schedule III.
Category I                            United Arab Emirates                  Croatia
                                      Venezuela                             Cuba
Australia                                                                   Cyprus
Austria                               Category III                          D.P.R. Korea
Belgium                                                                     Djibouti
Canada                                Afghanistan                           Dominica
Denmark                               Albania                               Dominican Republic
Finland                               Angola                                Ecuador
France                                Antigua and Barbuda                   Egypt
Germany                               Argentina                             El Salvador
Greece                                Armenia                               Equatorial Guinea
Ireland                               Azerbaijan                            Eritrea
Italy                                 Bangladesh                            Ethiopia
Japan                                 Barbados                              Fiji
Luxembourg                            Belize                                Gambia, The
Netherlands                           Benin                                 Georgia
New Zealand                           Bhutan                                Ghana
Norway                                Bolivia                               Grenada
Portugal                              Bosnia and Herzegovina                Guatemala
Spain                                 Botswana                              Guinea
Sweden                                Brazil                                Guinea Bissau
Switzerland                           Burkina Faso                          Guyana
United Kingdom                        Burundi                               Haiti
United States                         Cambodia                              Honduras
                                      Cameroon                              India
Category II                           Cape Verde                            Israel
                                      Central African Republic              Jamaica
Algeria                               Chad                                  Joran
Gabon                                 Chile                                 Kenya
Indonesia                             China                                 Kyrgyzstan
Iran                                  Colombia                              Laos
Iraq                                  Comoros                               Lebanon
Kuwait                                Congo                                 Lesotho
Libyan Arab Jamahiriya \20\           Cook Islands                          Liberia
Nigeria                               Costa Rica                            Madagascar
Qatar                                 Cote d'Ivoire                         Malawi
Saudi Arabia                                                                Malaysia
                                                                            Maldives
Mali                                  Republic of Korea                     Tanzania, United Republic of
Malta                                 Romania                               Thailand
Mauritania                            Rwanda                                The Former Yugoslavia Republic of
Mauritius                             Saint Christopher and Nevis            Macedonia
Mexico                                Saint Lucia                           Togo
Mongolia                              Saint Vincent and the Grenadines      Tonga
Morocco                               Sao Tome and Principe                 Trinidad and Tobago
Mozambique                            Senegal                               Tunisia
Myanmar                               Seychelles                            Turkey
Namibia                               Sierra Leone                          Uganda
Nepal                                 Solomon Islands                       Uruguay
Nicaragua                             Somalia                               Viet Nam
Niger                                 Sri Lanka                             Western Samoa
Oman                                  Sudan                                 Yemen
Pakistan                              Suriname                              Yugoslavia
Panama                                Swaziland                             Zaire
Papua New Guinea                      Syria                                 Zambia
Paraguay                              Tajikistan                            Zimbabwe
Peru
Philippines
      
                    2. Grains Trade Convention, 1995

   Done at London December 7, 1994; Entered into force July 1, 1995; 
        Entered into force for the United States May 27, 1999\1\

                              PREAMBLE \2\

    The signatories to this agreement

    Considering that the International Wheat Agreement, 1949 
was revised, renewed, updated or extended on successive 
occasions leading to the conclusion of the International Wheat 
Agreement, 1986
---------------------------------------------------------------------------
    \1\ The Grains Trade Convention, 1995, is a constituent instrument 
of the International Grains Agreement, 1995, which also included the 
Food Aid Convention, 1995. The Food Aid Convention, 1995, was re-opened 
for negotiation in December 1996 and resulted in the Food Aid 
Convention, 1999 (see below for text). The Food Aid Convention, 1999, 
also remains a constituent instrument of the International Grains 
Agreement, 1995.
    \2\ This preamble is the preamble to the International Grains 
Agreement, 1995, and precedes the text of the Grains Trade Convention, 
1995.

    Considering that the provisions of the International Wheat 
Agreement, 1986, consisting of the Wheat Trade Convention, 
1986, on the one hand, and the Food Aid Convention, 1986, on 
the other, as extended, will expire on 30th June 1995, and that 
---------------------------------------------------------------------------
it is desirable to conclude an agreement for a new period,

    Have agreed that the International Wheat Agreement, 1986 
shall be updated and renamed the International Grains 
Agreement, 1995, which shall consist of two separate legal 
instruments
          (a) the Grains Trade Convention, 1995 and
          (b) the Food Aid Convention, 1995,
and that each of these two Conventions, or either of them as 
appropriate, shall be submitted for signature and ratification, 
acceptance or approval, in conformity with their respective 
constitutional or institutional procedures, by the Governments 
concerned.

                                                GRAINS TRADE 
                                                CONVENTION, 
                                                1995

                            PART I--GENERAL

                               article 1

                               Objectives

The objectives of this Convention are:
    (a) to further international co-operation in all aspects of 
trade in grains, especially insofar as these affect the food 
grain situation;
    (b) to promote the expansion of international trade in 
grains, and to secure the freest possible flow of this trade, 
including the elimination of trade barriers and unfair and 
discriminatory practices, in the interest of all members, in 
particular developing members;
    (c) to contribute to the fullest extent possible to the 
stability of international grain markets in the interests of 
all members, to enhance world food security, and to contribute 
to the development of countries whose economies are heavily 
dependent on commercial sales of grain; and
    (d) to provide a forum for exchange of information and 
discussion of members' concerns regarding trade in grains.

                               article 2

                              Definitions

For the purposes of this Convention:
    (1)(a) ``Council'' means the International Grains Council 
established by the International Wheat Agreement, 1949 and 
continued in being by Article 9;
          (b)(i) ``member'' means a party to this Convention;
                  (ii) ``exporting member'' means a member so 
                designated under Article 12;
                  (iii) ``importing member'' means a member so 
                designated under Article 12;
          (c) ``executive Committee'' means the Committee 
        established under Article 15;
          (d) ``Market Conditions Committee'' means the 
        Committee established under Article 16;
          (e) ``grain'' or ``grains'' means barley, maize, 
        millet, oats, rye, sorghum, triticale and wheat, and 
        their products, and such other grains and products as 
        the Council may decide;
          (f)(i) ``purchase'' means a purchase of grain for 
        import, or the quantity of grain so purchased, as the 
        context requires;
                  (ii) ``sale'' means a sale of grain for 
                export, or the quantity of such grain so sold, 
                as the context requires;
                  (iii) where reference is made in this 
                Convention to a purchase or sale, it shall be 
                understood to refer not only to purchases or 
                sales concluded between the Governments 
                concerned, but also to purchases or sales 
                concluded between private traders, and to 
                purchases or sales concluded between a private 
                trader and the Government concerned;
          (g) ``special vote'' means a vote requiring at least 
        two thirds of the votes (as calculated under Article 
        12) cast by the exporting members present and voting, 
        and at least two thirds of the votes (as calculated 
        under Article 12) cast by the importing members present 
        and voting, counted separately;
          (h) ``crop year'' or ``fiscal year'' means the period 
        from 1 July to the following 30 June;
          (i) ``working day'' means a working day at the 
        headquarters of the Council.
    (2) Any reference in this Convention to a ``Government'' or 
``Governments'' or ``member'' shall be construed as including a 
reference to the European Community (hereinafter referred to as 
the EC). Accordingly, any reference in this Convention to 
``signature'' or to the ``deposit of instruments of 
ratification, acceptance, or approval'' or ``an instrument of 
accession'' or ``a declaration of provisional application'' by 
a Government shall, in the case of the EC, be construed as 
including signature or declaration of provisional application 
on behalf of the EC by its competent authority and the deposit 
of the instrument required by the institutional procedures of 
the EC to be deposited for the conclusion of an international 
agreement.
    (3) Any reference in this Convention to a ``Government'', 
or ``Governments'', or ``member'', shall be understood, where 
appropriate, to include a reference to any separate customs 
territory within the meaning of the General Agreement on 
Tariffs and Trade or of the Agreement Establishing The World 
Trade Organization.

                               article 3

                    Information, reports and studies

    (1) To facilitate the achievement of the objectives in 
Article 1, make possible a fuller exchange of views at Council 
sessions, and provide information on a continuing basis to 
serve the general interest of members, arrangements shall be 
made for regular reports and exchange of information, and also 
special studies, as appropriate, covering grains, focusing 
primarily upon the following:
          (a) supply, demand and market conditions;
          (b) developments in national policies and their 
        effects on the international market;
          (c) developments concerning the improvement and 
        expansion of trade, utilization, storage and 
        transportation, especially in developing countries.
    (2) To improve the collection and presentation of 
information for those reports and studies referred to in 
paragraph (1) of this Article, to make it possible for more 
members to participate directly in the work of the Council, and 
to supplement the guidance already given by the Council in the 
course of its sessions, there shall be established a Market 
Conditions Committee, whose meetings shall be open to all 
members of the Council. The Committee shall have the functions 
specified in Article 16.

                               article 4

                  Consultations on market developments

    (1) If the Market Conditions Committee, in the course of 
its continuous review of the market under Article 16, is of the 
opinion that developments in the international grain market 
seriously threaten to affect the interests of members, or if 
such developments are called to the Committee's attention by 
the Executive Director on his own initiative or at the request 
of any member of the Council, it shall immediately report the 
facts concerned to the Executive Committee. The Market 
Conditions Committee, in so informing the Executive Committee, 
shall give particular regard to those circumstances which 
threaten to affect the interests of members.
    (2) The Executive Committee shall meet within ten working 
days to review such developments and, if it deems it 
appropriate, request the Chairman of the Council to convene a 
session of the Council to consider the situation.

                               article 5

             Commercial purchases and special transactions

    (1) A commercial purchase for the purposes of this 
Convention is a purchase as defined in Article 2 which conforms 
to the usual commercial practices in international trade and 
which does not include those transactions referred to in 
paragraph (2) of this Article.
    (2) A special transaction for the purposes of this 
Convention is one which includes features introduced by the 
Government of a member concerned which do not conform to usual 
commercial practices. Special transactions include the 
following:
          (a) sales on credit in which, as a result of 
        government intervention, the interest rate, period of 
        payment, or other related terms do not conform to the 
        commercial rates, periods or terms prevailing in the 
        world market;
          (b) sales in which the funds for the purchase of 
        grain are obtained under a loan from the Government of 
        the exporting member tied to the purchase of grain;
          (c) sales for currency of the importing member which 
        is not transferable or convertible into currency or 
        goods for use in the exporting member;
          (d) sales under trade agreements with special 
        payments arrangements which include clearing accounts 
        for settling credit balances bilaterally through the 
        exchange of goods, except where the exporting member 
        and the importing member concerned agree that the sale 
        shall be regarded as commercial;
          (e) barter transactions:
                  (i) which result from the intervention of 
                Governments where grain is exchanged at other 
                than prevailing world prices, or
                  (ii) which involve sponsorship under a 
                government purchase programme, except where the 
                purchase of grain results from a barter 
                transaction in which the country of final 
                destination was not named in the original 
                barter contract;
          (f) a gift of grain or a purchase of grain out of a 
        monetary grant by the exporting member made for that 
        specific purpose;
          (g) any other categories of transactions, as the 
        Council may prescribe, that include features introduced 
        by the Government of a member concerned which do not 
        conform to usual commercial practices.
    (3) Any question raised by the Executive Director or by any 
member as to whether a transaction is a commercial purchase as 
defined in paragraph (1) of this Article or a special 
transaction as defined in paragraph (2) of this Article shall 
be decided by the Council.

                               article 6

            Guidelines relating to concessional transactions

    (1) Members undertake to conduct any concessional 
transactions in grains in such a way as to avoid harmful 
interference with normal patterns of production and 
international commercial trade.
    (2) To this end both supplying and recipient members shall 
undertake appropriate measures to ensure that concessional 
transactions are additional to commercial sales which could 
reasonably be anticipated in the absence of such transactions, 
and would increase consumption or stocks in the recipient 
country. Such measures shall, for countries which are members 
of the Food and Agriculture Organization (FAO), be consistent 
with the FAO Principles of Surplus Disposal and Guiding Lines 
and the consultative obligations of FAO members, and may 
include the requirement that a specified level of commercial 
imports of grains agreed with the recipient country be 
maintained on a global basis by that country. In establishing 
or adjusting this level, full regard shall be had to the 
commercial import levels in a representative period, to recent 
trends in utilisation and imports, and to the economic 
circumstances of the recipient country, including, in 
particular, its balance-of-payments situation.
    (3) Members, when engaging in concessional export 
transactions, shall consult with exporting members whose 
commercial sales might be affected by such transactions to the 
maximum possible extent before such arrangements are concluded 
with recipient countries.
    (4) The Secretariat shall periodically report to the 
Council on developments in concessional transactions in grains.

                               article 7

                        Reporting and recording

    (1) Members shall provide regular reports, and the Council 
shall maintain records for each crop year, showing separately 
commercial and special transactions, of all shipments of grain 
by members and all imports of grain from non-members. The 
Council shall also maintain, to the extent possible, records of 
all shipments between non-members.
    (2) Members shall provide, as far as possible, such 
information as the Council may require concerning their grain 
supply and demand, and report promptly all changes in their 
national grain policies.
    (3) For the purposes of this Article:
          (a) members shall send to the Executive Director such 
        information concerning the quantities of grain involved 
        in commercial sales and purchases and special 
        transactions as the Council within its competence may 
        require, including:
                  (i) in relation to special transactions, such 
                detail of the transactions as will enable them 
                to be classified in accordance with Article 5;
                  (ii) such information as may be available as 
                to the type, class, grade and quality of the 
                grains concerned;
          (b) any member when exporting grain shall send to the 
        Executive Director such information relating to their 
        export prices as the Council may require;
          (c) the council shall obtain regular information on 
        currently prevailing grain transportation costs, and 
        members shall report such supplementary information as 
        the council may require.
    (4) In the case of any grain which reaches the country of 
final destination after resale in, passage through, or 
transhipment from the ports of, a country other than that in 
which it originated, members shall to the maximum extent 
possible make available such information as will enable the 
shipment to be entered in the records as a shipment between the 
country of origin and the country of final destination. In the 
case of a resale, the provisions of this paragraph shall apply 
if the grain originated in the country of origin during the 
same crop year.
    (5) The Council shall make rules of procedure for the 
reports and records referred to in this Article. Those rules 
shall prescribe the frequency and the manner in which those 
reports shall be made and shall prescribe the duties of members 
with regard thereto. The Council shall also make provision for 
the amendment of any records or statements kept by it, 
including provision for the settlement of any dispute arising 
in connection therewith. If any member repeatedly and 
unreasonably fails to make reports as required by this Article, 
the Executive Committee shall arrange consultations with that 
member to remedy the situation.

                               article 8

                        Disputes and complaints

    (1) Any dispute concerning the interpretation or 
application of this Convention which is not settled by 
negotiation shall, at the request of any member which is a 
party to the dispute, be referred to the Council for decision.
    (2) Any member which considers that its interests as a 
party to this Convention have been seriously prejudiced by 
actions of any one or more members affecting the operation of 
this Convention may bring the matter before the Council. In 
such a case, the Council shall immediately consult with the 
members concerned in order to resolve the matter. If the matter 
is not resolved through such consultations, the Council shall 
consider the matter further and may make recommendations to the 
members concerned.

                        PART II--ADMINISTRATION

                               article 9

                      Constitution of the Council

    (1) The Council (formerly the International Wheat Council, 
as established by the International Wheat Agreement, 1949, and 
now renamed the International Grains Council) shall continue in 
being for the purposes of administering this Convention with 
the membership, powers and functions provided in this 
Convention.
    (2) Members may be represented at Council meetings by 
delegates, alternates and advisers.
    (3) The Council shall elect a Chairman and a Vice-Chairman 
who shall hold office for one crop year. The Chairman shall 
have no vote and the Vice-Chairman shall have no vote while 
acting as Chairman.

                               article 10

                  Powers and functions of the Council

    (1) The Council shall establish its Rules of Procedure.
    (2) The Council shall keep such records as are required by 
the terms of this Convention and may keep such other records as 
it considers desirable.
    (3) In order to enable the Council to discharge its 
functions under this Convention, the Council may request, and 
members undertake to supply, subject to the provisions of 
paragraph (2) of Article 7, such statistics and information as 
are necessary for this purpose.
    (4) The Council may, by special vote, delegate to any of 
its committees, or to the Executive Director, the exercise of 
powers or functions other than the following:
          (a) decisions on matters under Article 8;
          (b) review, under Article 11, of the votes of members 
        listed in the Annex;
          (c) determination of exporting and importing members 
        and distribution of their votes under Article 12;
          (d) location of the seat of the Council under 
        paragraph (1) of Article 13;
          (e) appointment of the Executive Director under 
        paragraph (2) of Article 17;
          (f) adoption of the budget and assessment of members' 
        contributions under Article 21;
          (g) suspension of the voting rights of a member under 
        paragraph (6) of Article 21;
          (h) any request to the Secretary-General of UNCTAD to 
        convene a negotiating conference under Article 22;
          (i) exclusion of a member from the Council under 
        Article 30;
          (j) recommendation of an amendment under Article 32;
          (k) extension or termination of this Convention under 
        Article 33. The Council may at any time revoke such 
        delegation by a majority of the votes cast.
    (5) Any decision made under any powers or functions 
delegated by the Council in accordance with paragraph (4) of 
this Article shall be subject to review by the Council at the 
request of any member made within a period which the Council 
shall prescribe. Any decision in respect of which no request 
for review has been made within the prescribed period shall be 
binding on all members.
    (6) In addition to the powers and functions specified in 
this Convention the Council shall have such other powers and 
perform such other functions as are necessary to carry out the 
terms of this Convention.

                               article 11

          Votes for entry into force and budgetary procedures

    (1) For the purposes of the entry into force of this 
Convention, the calculations under paragraph (1) of Article 28 
shall be based on the votes as set out in part A of the Annex.
    (2) For the purposes of the assessment of financial 
contributions under Article 21, the votes of members shall be 
based on those set out in the Annex, subject to the provisions 
of this Article and the associated Rules of Procedure.
    (3) Whenever this Convention is extended under paragraph 
(2) of Article 33, the Council shall review and adjust the 
votes of members under this Article. Such adjustments shall 
bring the distribution of votes more closely into line with 
current grain trade patterns, and shall be in accordance with 
the methods specified in the Rules of Procedure.
    (4) If the Council decides that a significant shift in 
world grain trading patterns has occurred it shall review, and 
may adjust, the votes of members. Such adjustments shall be 
regarded as amendments to this Convention, and shall be subject 
to the provisions of Article 32, except that an adjustment of 
votes may take effect only at the beginning of a fiscal year. 
After any adjustment to member's votes under this paragraph has 
taken effect, no further such adjustment may be put into effect 
before three years have elapsed.
    (5) All redistributions of votes under this Article shall 
be conducted in accordance with the Rules of Procedure.
    (6) For all purposes regarding the administration of this 
Convention, other than its entry into force under paragraph (1) 
of Article 28 and the assessment of financial contributions 
under Article 21, the votes to be exercised by members shall be 
as determined under Article 12.

                               article 12

 Determination of exporting and importing members and distribution of 
                              their votes

    (1) At the first session held under this Convention, the 
Council shall establish which members shall be exporting 
members and which members shall be importing members for the 
purposes of this Convention. In so deciding, the Council shall 
take account of the grain trading patterns of those members and 
of their own views.
    (2) As soon as the Council has determined which members 
shall be exporting and which shall be importing members under 
this Convention, the exporting members, on the basis of their 
votes under Article 11, shall divide their votes among them as 
they shall decide, subject to the conditions laid down in 
paragraph (3) of this Article, and the importing members shall 
similarly divide their votes.
    (3) For the purposes of the allocation of votes under 
paragraph (2) of this Article, the exporting members shall 
together hold 1,000 votes, and the importing members shall 
together hold 1,000 votes. No member shall hold more than 333 
votes as an exporting member or more than 333 votes as an 
importing member. There shall be no fractional votes.
    (4) The lists of exporting and importing members shall be 
reviewed by the Council, in the light of changing patterns in 
their grain trade, after a period of three years following the 
entry into force of this Convention. They shall also be 
reviewed whenever this Convention is extended under paragraph 
(2) of Article 33.
    (5) At the request of any member, the Council may, at the 
beginning of any fiscal year, agree by special vote to the 
transfer of that member from the list of exporting members to 
the list of importing members, or from the list of importing 
members to the list of exporting members, as appropriate.
    (6) The distribution of the votes of exporting and 
importing members shall be reviewed by the Council whenever the 
lists of the exporting and importing members are changed under 
paragraphs (4) or (5) of this Article. Any redistribution of 
votes under this paragraph shall be subject to the conditions 
set out in paragraph (3) of this Article.
    (7) Whenever any Government becomes, or ceases to be, a 
party to this Convention, the Council shall redistribute the 
votes of the other exporting or importing members, as 
appropriate, in proportion to the number of votes held by each 
member, subject to the conditions set out in paragraph (3) of 
this Article.
    (8) Any exporting member may authorize any other exporting 
member, and any importing member may authorise any other 
importing member, to represent its interests and to exercise 
its votes at any meeting or meetings of the Council. 
Satisfactory evidence of such authorisation shall be submitted 
to the Council.
    (9) If at any meeting of the Council a member is not 
represented by an accredited delegate and has not authorized 
another member to exercise its votes in accordance with 
paragraph (8) of this Article, or if at the date of any meeting 
any member has forfeited, has been deprived of, or has 
recovered its votes under any provisions of this Convention, 
the total votes to be exercised by the exporting members at 
that meeting shall be adjusted to a figure equal to the total 
of votes to be exercised at that meeting by the importing 
members and redistributed among exporting members in proportion 
to their votes.

                               article 13

                       Seat, sessions and quorum

    (1) The seat of the Council shall be in London unless the 
Council decides otherwise.
    (2) The Council shall meet at least once during each half 
of each fiscal year and at such other times as the Chairman may 
decide, or as otherwise required by this Convention.
    (3) The Chairman shall convene a session of the Council if 
so requested by (a) five members or (b) one or more members 
holding a total of not less than 10 per cent of the total votes 
or (c) the Executive Committee.
    (4) The presence of delegates with a majority of the votes 
held by the exporting members and a majority of the votes held 
by the importing members, prior to any adjustment of votes 
under paragraph (9) of Article 12, shall be necessary to 
constitute a quorum at any meeting of the Council.

                               article 14

                               Decisions

    (1) Except where otherwise specified in this Convention, 
decisions of the Council shall be by a majority of the votes 
cast by the exporting members and a majority of the votes cast 
by the importing members, counted separately.
    (2) Without prejudice to the complete liberty of action of 
any member in the determination and administration of its 
agricultural and price policies, each member undertakes to 
accept as binding all decisions of the Council under the 
provisions of this Convention.

                               article 15

                          Executive Committee

    (1) The Council shall establish an Executive Committee 
consisting of not more than six exporting members elected 
annually by the exporting members and not more than eight 
importing members elected annually by the importing members. 
The Council shall appoint the Chairman of the Executive 
Committee and may appoint a Vice-Chairman.
    (2) The Executive Committee shall be responsible to and 
work under the general direction of the Council. It shall have 
such powers and functions as are expressly assigned to it under 
this Convention and such other powers and functions as the 
Council may delegate to it under paragraph (4) of Article 10.
    (3) The exporting members on the Executive Committee shall 
have the same total number of votes as the importing members. 
The votes of the exporting members on the Executive Committee 
shall be divided among them as they shall decide, provided that 
no such exporting member shall have more than 40 per cent of 
the total votes of those exporting members. The votes of the 
importing members on the Executive Committee shall be divided 
among them as they shall decide, provided that no such 
importing member shall have more than 40 per cent of the total 
votes of those importing members.
    (4) The Council shall prescribe rules of procedure 
regarding voting in the Executive Committee and may make such 
other provision regarding rules of procedure in the Executive 
Committee as it thinks fit. A decision of the Executive 
Committee shall require the same majority of votes as this 
Convention prescribes for the Council when making a decision on 
a similar matter.
    (5) Any member of the Council which is not a member of the 
Executive Committee may participate, without voting, in the 
discussion of any question before the Executive Committee 
whenever the latter considers that the interests of that member 
are affected.

                               article 16

                      Market Conditions Committee

    (1) The Council shall establish a Market Conditions 
Committee, which shall be a Committee of the whole. The 
Chairman of the Market Conditions Committee shall be the 
Executive Director, unless the Council decides otherwise.
    (2) Invitations to attend the meetings of the Market 
Conditions Committee as observers may be extended to 
representatives of non-member Governments and international 
organizations, as the Chairman of the Committee considers 
appropriate.
    (3) The Committee shall keep under continuous review, and 
report to members on, all matters affecting the world grain 
economy. The Committee shall take account in its review of 
relevant information supplied by any member of the Council.
    (4) The Committee shall supplement the guidance given by 
the Council to assist the Secretariat in carrying out the work 
envisaged in Article 3.
    (5) The Committee shall advise in accordance with the 
relevant Articles of this Convention and on any matters which 
the Council or the Executive Committee may refer to it.

                               article 17

                              Secretariat

    (1) The Council shall have a Secretariat consisting of an 
Executive Director, who shall be its chief administrative 
officer, and such staff as may be required for the work of the 
Council and its Committees.
    (2) The Council shall appoint the Executive Director who 
shall be responsible for the performance of the duties 
devolving upon the Secretariat in the administration of this 
Convention, and for the performance of such other duties as are 
assigned to him by the Council and its Committees.
    (3) The staff shall be appointed by the Executive Director 
in accordance with regulations established by the Council.
    (4) It shall be a condition of employment of the Executive 
Director and of the staff that they do not hold or shall cease 
to hold financial interest in the grain trade and that they 
shall not seek or receive instructions regarding their duties 
under this Convention from any Government or from any other 
authority external to the Council.

                               article 18

                         Admission of observers

    The Council may invite any non-member State, and any 
intergovernmental organization, to attend any of its meetings 
as an observer.

                               article 19

        Co-operation with other intergovernmental organisations

    (1) The Council may make whatever arrangements are 
appropriate for consultation or co-operation with the United 
Nations, its organs, and such other specialized agencies and 
intergovernmental organisations as may be appropriate, in 
particular the United Nations Conference on Trade and 
Development, the Food and Agriculture Organization, the Common 
Fund for Commodities and the World Food Programme.
    (2) The Council, bearing in mind the particular role of the 
United Nations Conference on Trade and Development in 
international commodity trade, will, as it considers 
appropriate, keep the United Nations Conference on Trade and 
Development informed of its activities and programmes of work.
    (3) If the Council finds that any terms of this Convention 
are materially inconsistent with such requirements as may be 
laid down by the United Nations through its appropriate organs 
or by its specialised agencies regarding intergovernmental 
commodity agreements, the inconsistency shall be deemed to be a 
circumstance affecting adversely the operation of this 
Convention and the procedure prescribed in Article 32 shall be 
applied.

                               article 20

                       Privileges and immunities

    (l) The Council shall have legal personality. It shall in 
particular have the capacity to contract, acquire and dispose 
of movable and immovable property and to institute legal 
proceedings.
    (2) The status, privileges and immunities of the Council in 
the territory of the United Kingdom shall continue to be 
governed by the Headquarters Agreement between the Government 
of the United Kingdom of Great Britain and Northern Ireland and 
the International Wheat Council signed at London on 28 November 
1968.
    (3) The Agreement referred to in paragraph (2) of this 
Article shall be independent of the present Convention. It 
shall however terminate:
          (a) by agreement between the Government of the United 
        Kingdom of Great Britain and Northern Ireland and the 
        Council, or
          (b) in the event of the seat of the Council being 
        moved from the United Kingdom, or
          (c) in the event of the Council ceasing to exist.
    (4) In the event of the seat of the Council being moved 
from the United Kingdom, the Government of the member in which 
the seat of the Council is situated shall conclude with the 
Council an international agreement relating to the status, 
privileges and immunities of the Council, its Executive 
Director, its staff and representatives of members at meetings 
convened by the Council.

                               article 21

                                Finance

    (1) The expenses of delegations to the Council and of 
representatives on its Committees and working groups shall be 
met by their respective Governments. The other expenses 
necessary for the administration of this Convention shall be 
met by annual contributions from all members. The contribution 
of each member for each fiscal year shall be in the proportion 
which the number of its votes in the Annex bears to the total 
of the votes of members in the Annex, as adjusted under Article 
11 to reflect the membership of the Convention at the time when 
the budget for that fiscal year is adopted.
    (2) At its first session after this Convention comes into 
force, the Council shall approve its budget for the fiscal year 
ending 30 June 1996, and assess the contribution to be paid by 
each member.
    (3) The Council shall, at a session during the second half 
of each fiscal year, approve its budget for the following 
fiscal year and assess the contribution to be paid by each 
member for that fiscal year.
    (4) The initial contribution of any member acceding to this 
Convention under paragraph (2) of Article 27 shall be assessed 
on the basis of the votes agreed with the Council as a 
condition for its accession, and the period of the current 
fiscal year remaining at the time of accession, but the 
assessments of contributions to be paid by the other members in 
that fiscal year shall not be altered.
    (5) Contributions shall be payable immediately upon 
assessment.
    (6) If, at the end of six months following the date on 
which its contribution is due in accordance with paragraph (5) 
of this Article, a member has not paid its full contribution, 
the Executive Director shall request the member to make payment 
as quickly as possible. If, at the expiration of six months 
after the request of the Executive Director, the member has 
still not paid its contribution, its voting rights in the 
Council and in the Executive Committee shall be suspended until 
such time as it has made full payment of the contribution.
    (7) A member whose voting rights have been suspended under 
paragraph (6) of this Article shall not be deprived of any of 
its other rights or relieved of any of its obligations under 
this Convention, unless the Council so decides by special vote. 
It shall remain liable to pay its contribution and to meet any 
other of its financial obligations under this Convention.
    (8) The Council shall, each fiscal year, publish an audited 
statement of its receipts and expenditures in the previous 
fiscal year.
    (9) The Council shall, prior to its dissolution, provide 
for the settlement of its liabilities and the disposal of its 
records and assets.

                               article 22

                          Economic provisions

    The Council may, at an appropriate time, examine the 
possibility of the negotiation of a new international agreement 
or convention with economic provisions, and report to members, 
making such recommendations as it deems appropriate. The 
Council may, when it is judged that such a negotiation could be 
successfully concluded, request the Secretary-General of the 
United Nations Conference on Trade and Development to convene a 
negotiating conference.

                       PART III--FINAL PROVISIONS

                               article 23

                               Depositary

    (1) The Secretary-General of the United Nations is hereby 
designated as the depositary of this Convention.
    (2) The depositary shall notify all signatory and acceding 
Governments of each signature, ratification, acceptance, 
approval, provisional application of, and accession to, this 
Convention, as well as each notification and notice received 
under Articles 29 and 32.

                               article 24

                               Signature

    This Convention shall be open for signature at United 
Nations Headquarters from 1 May 1995 until and including 30 
June 1995 by the Governments listed in the Annex.

                               article 25

                   Ratification, acceptance, approval

    (1) This Convention shall be subject to ratification, 
acceptance or approval by each signatory Government in 
accordance with its respective constitutional procedures.
    (2) Instruments of ratification, acceptance or approval 
shall be deposited with the depositary not later than 30 June 
1995. The Council may, however, grant one or more extensions of 
time to any signatory Government which is unable to deposit its 
instrument by that date. The Council shall inform the 
depositary of all such extensions of time.

                               article 26

                        Provisional application

    Any signatory Government and any other Government eligible 
to sign this Convention, or whose application for accession is 
approved by the Council, may deposit with the depositary a 
declaration of provisional application. Any Government 
depositing such a declaration shall provisionally apply this 
Convention in accordance with its laws and regulations and be 
provisionally regarded as a party thereto.

                               article 27

                               Accession

    (1) Any Government listed in the Annex may accede to the 
present Convention until and including 30 June 1995, except 
that the Council may grant one or more extensions of time to 
any Government which has not deposited its instrument by that 
date.
    (2) This Convention shall be open for accession after 30 
June 1995 by the Governments of all States upon such conditions 
as the Council considers appropriate. Accession shall be 
effected by the deposit of an instrument of accession with the 
depositary. Such instruments of accession shall state that the 
Government accepts all the conditions established by the 
Council.
    (3) Where, for the purposes of the operation of this 
Convention, reference is made to members listed in the Annex, 
any member the Government of which has acceded to this 
Convention on conditions prescribed by the Council in 
accordance with this Article shall be deemed to be listed in 
the Annex.

                               article 28

                            Entry into force

    (1) This Convention shall enter into force on 1 July 1995 
if instruments of ratification, acceptance, approval or 
accession, or declarations of provisional application have been 
deposited not later than 30 June 1995 on behalf of Governments 
listed in part A of the Annex holding, at least, 88 per cent of 
the total votes set out in part A of the Annex.
    (2) If this Convention does not enter into force in 
accordance with paragraph (1) of this Article, the Governments 
which have deposited instruments of ratification, acceptance, 
approval or accession, or declarations of provisional 
application, may decide by mutual consent that it shall enter 
into force between themselves.

                               article 29

                               Withdrawal

    Any member may withdraw from this Convention at the end of 
any fiscal year by giving written notice of withdrawal to the 
depositary at least ninety days prior to the end of that fiscal 
year, but shall not thereby be released from any obligations 
under this Convention which have not been discharged by the end 
of that fiscal year. The member shall simultaneously inform the 
Council of the action it has taken.

                               article 30

                               Exclusion

    If the Council finds that any member is in breach of its 
obligations under this Convention and decides further that such 
breach significantly impairs the operation of this Convention, 
it may, by special vote, exclude such member from the Council. 
The Council shall immediately notify the depositary of any such 
decision. Ninety days after the date of the Council's decision, 
that member shall cease to be a member of the Council.

                               article 31

                         Settlement of accounts

    (1) The Council shall determine any settlement of accounts 
which it finds equitable with a member which has withdrawn from 
this Convention or which has been excluded from the Council, or 
has otherwise ceased to be a party to this Convention. The 
Council shall retain any amounts already paid by such member. 
Such member shall be bound to pay any amounts due from it to 
the Council.
    (2) Upon termination of this Convention, any member 
referred to in paragraph (1) of this Article shall not be 
entitled to any share of the proceeds of the liquidation or the 
other assets of the Council; nor shall it be burdened with any 
part of the deficit, if any, of the Council.

                               article 32

                               Amendment

    (1) The Council may by special vote recommend to members an 
amendment of this Convention. The amendment shall become 
effective 100 days after the depositary has received 
notifications of acceptance from exporting members which hold 
two thirds of the votes of the exporting members and by 
importing members which hold two thirds of the votes of the 
importing members, or on such later date as the Council may 
have determined by special vote. The Council may fix a time 
within which each member shall notify the depositary of its 
acceptance of the amendment and, if the amendment has not 
become effective by such time, it shall be considered 
withdrawn. The Council shall provide the depositary with the 
information necessary to determine whether the notifications of 
acceptance received are sufficient to make the amendment 
effective.
    (2) Any member on behalf of which notification of 
acceptance of an amendment has not been made by the date on 
which such amendment becomes effective shall as of that date 
cease to be a party to this Convention, unless such member has 
satisfied the Council that acceptance could not be secured in 
time owing to difficulties in completing its constitutional 
procedures and the Council decides to extend for such member 
the period fixed for acceptance. Such member shall not be bound 
by the amendment before it has notified its acceptance thereof.

                               article 33

                  Duration, extension and termination

    (1) This Convention shall remain in force until 30 June 
1998, unless extended under paragraph (2) of this Article, or 
terminated earlier under paragraph (3) of this Article, or 
replaced before that date by a new agreement or convention 
negotiated under Article 22.
    (2) The Council may, by special vote, extend this 
Convention beyond 30 June 1998 for successive periods not 
exceeding two years on each occasion. Any member which does not 
accept such extension of this Convention shall so inform the 
Council at least thirty days prior to the extension coming into 
force. Such a member shall cease to be a party to this 
Convention from the beginning of the period of extension, but 
it shall not thereby be released from any obligations under 
this Convention which have not been discharged prior to that 
date.
    (3) The Council may at any time decide, by special vote, to 
terminate this Convention with effect from such date and 
subject to such conditions as it may determine.
    (4) Upon termination of this Convention, the Council shall 
continue in being for such time as may be required to carry out 
its liquidation and shall have such powers and exercise such 
functions as may be necessary for that purpose.
    (5) The Council shall notify the depositary of any action 
taken under paragraph (2) or paragraph (3) of this Article.

                               article 34

                 Relationship of Preamble to Convention

    This Convention includes the Preamble to the International 
Grains Agreement, 1995.
                      3. Food Aid Convention, 1999

Done at London April 13, 1999; Entered into force July 1, 1999; Entered 
          into force for the United States January 5, 2001\1\

                                PREAMBLE

    The Parties to this Convention,

    Having reviewed the Food Aid Convention, 1995 and its 
objective of securing at least 10 million tonnes of food aid 
annually in the form of grain suitable for human consumption, 
and wishing to confirm their desire to maintain international 
co-operation on food aid matters among member governments;
---------------------------------------------------------------------------
    \1\ The Food Aid Convention, 1999, is a contstituent instrument of 
the International Grains Agreement, 1995, which also includes the Grain 
Trade Convention, 1995. The Food Aid Convention, 1995, was re-opened 
for negotiation in December 1996 and resulted in the Food Aid 
Convention, 1999.

    Recalling the Declaration on World Food Security and the 
World Food Summit Plan of Action adopted in Rome in 1996, in 
particular the commitment to achieve food security for all and 
---------------------------------------------------------------------------
to an ongoing effort to eradicate hunger;

    Desiring to enhance the capacity of the international 
community to respond to food emergency situations and to 
improve world food security, through the assurance of supplies 
of food aid irrespective of world food price and supply 
fluctuations;

    Recalling that, in their 1994 Marrakesh decision on 
measures concerning least-developed countries and net food-
importing developing countries, Ministers of WTO member 
countries agreed to review the level of food aid established 
under the Food Aid Convention as further elaborated at the 1996 
Singapore Ministerial Conference;

    Recognising that the recipients and members have their own 
policies on food aid and related matters, and that the ultimate 
objective of food aid is the elimination of the need for food 
aid itself;

    Desiring to improve the effectiveness and quality of food 
aid as a tool in support of food security in developing 
countries, particularly to alleviate poverty and hunger of the 
most vulnerable groups, and to improve member co-ordination and 
co-operation in the field of food aid;

    Have agreed on the following:

                   PART I--OBJECTIVES AND DEFINITIONS

                               article i

                               Objectives

    The objectives of this Convention are to contribute to 
world food security and to improve the ability of the 
international community to respond to emergency food situations 
and other food needs of developing countries by:
    (a) making appropriate levels of food aid available on a 
predictable basis, as determined by the provisions of this 
Convention;
    (b) encouraging members to ensure that the food aid 
provided is aimed particularly at the alleviation of poverty 
and hunger of the most vulnerable groups, and is consistent 
with agricultural development in those countries;
    (c) including principles for maximising the impact, the 
effectiveness and quality of the food aid provided as a tool in 
support of food security; and,
    (d) providing a framework for co-operation, co-ordination 
and information-sharing among members on food aid related 
matters to achieve greater efficiency in all aspects of food 
aid operations and better coherence between food aid and other 
policy instruments.

                               article ii

                              Definitions

    (a) Under this Convention, unless the context otherwise 
requires, any reference to:
          (i) ``c.i.f.'' means cost, insurance and freight;
          (ii) ``Commitment'' means the minimum amount of food 
        aid to be provided annually by a member under Article 
        III (e);
          (iii) ``Committee'' means the Food Aid Committee 
        referred to in Article XV;
          (iv) ``Contribution'' means the amount of food aid 
        provided and reported to the Committee by a member 
        annually in accordance with the provisions of this 
        Convention;
          (v) ``Convention'' means the Food Aid Convention, 
        1999;
          (vi) ``DAC'' means the Development Assistance 
        Committee of OECD;
          (vii) ``Developing country'' means any country or 
        territory eligible to receive food aid under Article 
        VII;
          (viii) ``Eligible product'' means a product, referred 
        to in Article IV, which may be provided as food aid by 
        a member as its contribution under this Convention;
          (ix) ``Executive Director'' means the Executive 
        Director of the International Grains Council;
          (x) ``f.o.b.'' means free on board;
          (xi) ``Food'' or ``food aid'' includes, as 
        appropriate, a reference to seed for food crops;
          (xii) ``Member'' means a party to this Convention;
          (xiii) ``Micronutrients'' means vitamins and minerals 
        used to fortify or complement food aid products which 
        are eligible, under Article IV (c), to be counted as a 
        member's contribution;
          (xiv) ``OECD'' means the Organisation for Economic 
        Co-operation and Development;
          (xv) ``Products of primary processing'' include:
                  cereal flours;
                  cereal groats and cereal meal;
                  other worked cereal grains (e.g. rolled, 
                flaked, polished, pearled and kibbled, but not 
                further prepared) except husked, glazed, 
                polished or broken rice;
                  germ of cereals, whole, rolled, flaked or 
                ground;
                  bulgur; and
                  any other similar grain product which the 
                Committee may decide;
          (xvi) ``Products of secondary processing'' include:
                  macaroni, spaghetti and similar products; and
                  any other product, whose manufacture involves 
                the use of a product of primary processing, 
                which the Committee may decide;
          (xvii) ``Rice'' includes husked, glazed, polished or 
        broken rice;
          (xviii) ``Secretariat'' means the Secretariat of the 
        International Grains Council;
          (xix) ``Tonne'' means a metric ton of 1,000 
        kilograms;
          (xx) ``Transport and other operational costs'', as 
        listed in Annex A, mean costs beyond the f.o.b. stage 
        or, in the case of local purchases, beyond the point of 
        purchase, associated with a food aid operation, which 
        may be counted in whole or in part towards a member's 
        contribution;
          (xxi) ``Value'' means the commitment of a member in a 
        convertible currency;
          (xxii) ``Wheat equivalent'' means the amount of a 
        member's commitment or contribution as evaluated in 
        accordance with Article V;
          (xxiii) ``WTO'' means the World Trade Organization;
          (xxiv) ``Year'' means the period from 1 July to the 
        following 30 June, unless otherwise stated.
    (b) Any reference in this Convention to a ``Government'' or 
``Governments'' or ``member'' shall be construed as including a 
reference to the European Community (hereinafter referred to as 
the EC). Accordingly, any reference in this Convention to 
``signature'' or to the ``deposit of instruments of 
ratification, acceptance, or approval'' or ``an instrument of 
accession'' or ``a declaration of provisional application'' by 
a Government shall, in the case of the EC, be construed as 
including signature or declaration of provisional application 
on behalf of the EC by its competent authority and the deposit 
of the instrument required by the institutional procedures of 
the EC to be deposited for the conclusion of an international 
agreement.
    (c) Any reference in this Convention to a ``Government'', 
or ``Governments'', or ``member'', shall be understood, where 
appropriate, to include a reference to any separate customs 
territory within the meaning of the General Agreement on 
Tariffs and Trade or of the Agreement Establishing The World 
Trade Organization.

                    PART II--CONTRIBUTIONS AND NEEDS

                              article iii

                         Quantities and Quality

    (a) Members agree to provide food aid to developing 
countries or the cash equivalent thereof in the minimum annual 
amounts specified in paragraph (e) below (hereinafter referred 
to as ``he commitment''.
    (b) The commitment of each member shall be expressed in 
either tonnes of wheat equivalent or in value or in a 
combination of tonnage and value. Members expressing their 
commitment in value terms shall also specify a guaranteed 
annual tonnage.
    (c) In the case of members expressing their commitment in 
value terms or in a combination of tonnage and value, the value 
may include the transport and other operational costs 
associated with the food aid operations.
    (d) Whether its commitment is expressed in tonnage, in 
value, or in a combination of tonnage and value, a member may 
also include an indicative value representing its total 
estimated cost, including the transport and other operational 
costs associated with the food aid operations.
    (e) Subject to the provisions of Article VI, the commitment 
of each member shall be:

------------------------------------------------------------------------
                             Tonnage \1\
           Member               (wheat     Value \1\   Total indicative
                             equivalent)  (millions)   value (millions)
------------------------------------------------------------------------
Argentina                         35,000          --
Australia                        250,000          --           \2\ A$ 90
Canada                           420,000          --          \2\ C$ 150
European Community and its     1,320,000    \2\ =130            \2\ =422
 member States
Japan                            300,000          --
Norway                            30,000          --          \2\ NOK 59
Switzerland                       40,000          --
United States of America       2,500,000          --   \2\ US$ 900-1,000
------------------------------------------------------------------------
\1\ Members shall report their food aid operations in line with the
  relevant Rules of Procedure
\2\ Includes transport and other operational costs


    (f) Transport and other operational costs, when counted 
towards a member's commitment, must be incurred as part of a 
food aid operation which is also eligible to be counted towards 
a member's commitment.
    (g) In respect of transport and other operational costs, a 
member cannot count more than the acquisition cost of eligible 
products towards its commitment, except in the case of 
internationally recognised emergency situations.
    (h) Any member which has acceded to this Convention under 
paragraph (b) of Article XXIII shall be deemed to be listed in 
paragraph (e) of this Article, together with its commitment.
    (i) The commitment of an acceding member referred to in 
paragraph (h) of this Article shall not be less than 20,000 
tonnes or an appropriate value as the Committee may approve. 
This will normally apply in full starting in the first year 
during which the country is deemed by the Committee to have 
acceded to the Convention. However, to facilitate the accession 
of Governments other than those referred to in paragraph (e) of 
this Article, the Committee may agree that an acceding member's 
commitment should be phased in over a period of not more than 
three years, provided that the commitment is at least 10,000 
tonnes or an appropriate value in the first year, and increases 
by at least 5,000 tonnes a year or an appropriate value in each 
succeeding year.
    (j) All products provided as food aid shall meet 
international quality standards, be consistent with the dietary 
habits and nutritional needs of recipients and, with the 
exception of seeds, shall be suitable for human consumption.

                               article iv

                                Products

    (a) The following products are eligible to be supplied 
under this Convention, subject to the specifications set out in 
the relevant Rules of Procedure:
          (i) grains (wheat, barley, maize, millet, oats, rye, 
        sorghum or triticale) or rice;
          (ii) grain and rice products of primary or secondary 
        processing;
          (iii) pulses;
          (iv) edible oil;
          (v) root crops (cassava, round potatoes, sweet 
        potatoes, yams, or taro), where these are supplied in 
        triangular transactions or in local purchases;
          (vi) skimmed milk powder;
          (vii) sugar;
          (viii) seed for eligible products; and,
          (ix) within the limits of paragraph (b) below, 
        products which are a component of the traditional diet 
        of vulnerable groups, or a component of supplementary 
        feeding programmes, and which meet the requirements set 
        out in Article III (j) of this Convention.
    (b) The amount of food aid provided by a member in any year 
in fulfilling its commitment in the form of:
          (i) all products included in paragraph (a) (vi) to 
        (viii) of this Article shall not together exceed 15%, 
        and no product category may individually exceed 7%, of 
        its commitment excluding transport and other 
        operational costs;
          (ii) all products included in paragraph (a) (ix) of 
        this Article shall not together exceed 5%, and no 
        product may individually exceed 3%, of its commitment 
        excluding transport and other operational costs;
          (iii) in the case of commitments expressed as a 
        combination of tonnage and value, the percentages in 
        sub-paragraphs (i) and (ii) above shall be calculated 
        separately for tonnage and value, excluding transport 
        and other operational costs.
    (c) For the purposes of fulfilment of their commitments, 
members may provide micro-nutrients in conjunction with 
eligible products. They are encouraged to provide, when 
appropriate, fortified food aid products, particularly in 
emergency situations and targeted development projects.

                               article v

                              Equivalence

    (a) Contributions shall be counted in terms of their wheat 
equivalent, as follows:
          (i) grain for human consumption shall be equal to 
        wheat;
          (ii) rice shall be determined by the international 
        export price relationship between rice and wheat, in 
        accordance with the methods set out in the Rules of 
        Procedure;
          (iii) products of primary or secondary processing of 
        grains or of rice shall be determined by their 
        respective grain or rice content, in accordance with 
        the specifications set out in the Rules of Procedure;
          (iv) pulses, seed of grain, rice or other food crops, 
        and all other eligible products, shall be based on the 
        costs of acquisition in accordance with the methods set 
        out in the Rules of Procedure.
    (b) In the case of contributions in the form of blends or 
mixtures of products, only the proportion of the blend or 
mixture which is made from eligible products shall be counted 
towards a member's contribution.
    (c) The Committee shall establish a Rule of Procedure to 
determine the wheat equivalent of fortified products and micro-
nutrients.
    (d) Contributions of cash for the purchase of eligible 
products supplied as food aid shall be evaluated either in 
accordance with the wheat equivalent of these products, or at 
prevailing international market prices of wheat, in accordance 
with the methods laid down in the Rules of Procedure.

                               article vi

                       Carryover and Carryforward

    (a) Each member shall ensure that operations in respect of 
its commitment for one year are made to the maximum extent 
possible within that year.
    (b) If a member is unable to provide the amount specified 
in paragraph (e) of Article III in a particular year, it shall 
report the circumstances to the Committee as soon as possible 
and, in any case, no later than the first session held after 
the end of that year. Unless the Committee decides otherwise, 
the unfulfilled amount shall be added to the member's 
commitment for the following year.
    (c) If a member's contribution exceeds its commitment for 
any year, up to 5% of its overall commitment, or the amount of 
the excess, whichever is the smaller, may be counted as part of 
the member's commitment for the following year.

                              article vii

                          Eligible Recipients

    (a) Food aid under this Convention may be provided to the 
developing countries and territories which are listed in Annex 
B, namely:
          (i) least-developed countries;
          (ii) low-income countries;
          (iii) lower middle-income countries, and other 
        countries included in the WTO list of Net Food-
        Importing Developing Countries at the time of 
        negotiation of this Convention, when experiencing food 
        emergencies or internationally recognised financial 
        crises leading to food shortage emergencies, or when 
        food aid operations are targeted on vulnerable groups.
    (b) For purposes of paragraph (a) above, any changes made 
to the DAC list of Developing Countries and Territories in 
Annex B (a) to (c) shall also apply to the list of eligible 
recipients under this Convention.
    (c) When allocating their food aid, members shall give 
priority to least-developed countries and low-income countries.

                              article viii

                                 Needs

    (a) Food aid should only be provided when it is the most 
effective and appropriate means of assistance.
    (b) Food aid should be based on an evaluation of needs by 
the recipient and the members, within their own respective 
policies, and should be aimed at enhancing food security in 
recipient countries. In responding to those needs, members 
shall pay attention to meeting the particular nutritional needs 
of women and children.
    (c) Food aid for free distribution should be targeted on 
vulnerable groups.
    (d) The provision of food aid in emergency situations 
should take particular account of longer-term rehabilitation 
and development objectives in the recipient countries and 
should respect basic humanitarian principles. Members shall aim 
to ensure that the food aid provided reaches the intended 
recipients in a timely manner.
    (e) To the maximum extent possible, non-emergency food aid 
shall be provided by members on a forward planning basis, so 
that recipient countries may be able to take account, in their 
development programmes, of the likely flow of food aid they 
will receive during each year of this Convention.
    (f) If it appears that, because of a substantial production 
shortfall or other circumstances, a particular country, region 
or regions is faced with exceptional food needs, the matter 
shall be considered by the Committee. The Committee may 
recommend that members should respond to the situation by 
increasing the amount of food aid provided.
    (g) At the time of the identification of food aid needs, 
members or their partners shall endeavour to consult with each 
other at the regional and recipient country level, with a view 
to developing a common approach to needs analysis.
    (h) Members agree, where appropriate, to identify priority 
countries and regions under their food aid programmes. Members 
will ensure transparency as to their priorities, policies and 
programmes, by providing information for other donors.
    (i) Members will consult with each other, directly or 
through their relevant partners, on the possibilities for the 
establishment of common action plans for priority countries, if 
possible on a multi-annual basis.

                               article ix

                         Forms and Terms of Aid

    (a) Food aid under this Convention may be supplied as:
          (i) grants of food or of cash to be used to purchase 
        food for or by the recipient country;
          (ii) sales of food for the currency of the recipient 
        country, which is not transferable and is not 
        convertible into currency or goods and services for use 
        by the donor members;
          (iii) sales of food on credit, with payment to be 
        made in reasonable annual amounts over periods of 20 
        years or more and with interest at rates which are 
        below commercial rates prevailing in world markets.
    (b) With respect only to food aid counted against a 
member's commitment, all food aid provided to least-developed 
countries shall be made in the form of grants.
    (c) Food aid under this Convention provided in the form of 
grants shall represent not less than 80 per cent of a member's 
contribution and, to the extent possible, members will seek 
progressively to exceed this percentage.
    (d) Members shall undertake to conduct all food aid 
transactions under this Convention in such a way as to avoid 
harmful interference with normal patterns of production and 
international commercial trade.
    (e) Members shall ensure that:
          (i) the provision of food aid is not tied directly or 
        indirectly, formally or informally, explicitly or 
        implicitly, to commercial exports of agricultural 
        products or other goods and services to recipient 
        countries;
          (ii) food aid transactions, including bilateral food 
        aid which is monetised, are carried out in a manner 
        consistent with the FAO ``principles of Surplus 
        Disposal and Consultative Obligations''

                               article x

                         Transport and Delivery

    (a) The costs of transporting and delivering food aid 
beyond the f.o.b. stage shall, to the extent possible, be borne 
by the donors, particularly in the case of emergency food aid 
or food aid provided to priority recipient countries.
    (b) In planning food aid operations, due account shall be 
taken of potential difficulties which may affect transport, 
processing or storage of food aid, and the effects that the 
delivery of the aid may have on marketing of local harvests in 
the recipient country.
    (c) In order to make optimum use of available logistical 
capacity, members shall establish, as far as possible, with 
other food aid donors, recipient countries, and any other 
parties involved in the delivery of the food aid, a co-
ordinated timetable for the delivery of their aid.
    (d) Due reference to the payment of transport and other 
operational costs shall be made in any review of the 
performance of members under this Convention.
    (e) Transport and other operational costs must be incurred 
as part of a food aid operation which is also eligible to be 
reported as part of a member's contribution.

                               article xi

                              Channelling

    (a) Members may provide their food aid bilaterally, through 
intergovernmental or other international organisations, or non-
governmental organisations.
    (b) Members shall give full consideration to the advantages 
of directing food aid through multilateral channels, in 
particular the World Food Programme.
    (c) In developing and implementing their food aid 
operations, members shall make use, whenever possible, of 
information and competencies available within the relevant 
international organisations, whether inter-governmental or non-
governmental, active in the field of food aid.
    (d) Members are encouraged to co-ordinate their food aid 
policies and activities in relation to international 
organisations active in the field of food aid, with a view to 
strengthening the coherence of food aid operations.

                              article xii

              Local Purchases and Triangular Transactions

    (a) In order to promote local agricultural development, 
strengthen regional and local markets and enhance the longer-
term food security of recipient countries, members shall give 
consideration to using or directing their cash contributions 
for the purchase of food:
          (i) for supply to the recipient country from other 
        developing countries (``triangular transactions''); or,
          (ii) in one part of a developing country for supply 
        to a deficit area in that country (``local 
        purchases'').
    (b) Cash contributions shall not normally be made to 
purchase food which is of the same type that the country which 
is the source of supply has received as bilateral or 
multilateral food aid in the same year as the purchase, or in a 
previous year if the food aid then received is still being 
used.
    (c) To facilitate the purchase of food from developing 
countries, members shall, to the extent possible, provide to 
the Secretariat such information as is available to them on 
food surpluses that may exist, or are anticipated, in 
developing countries.
    (d) Members shall pay particular attention to avoiding 
harmful effects on low-income consumers due to price changes 
resulting from local purchases.

                              article xiii

                        Effectiveness and Impact

    (a) In all food aid transactions, members shall pay 
particular attention to:
          (i) avoiding harmful effects on local harvests, 
        production and marketing structures, by appropriately 
        timing the distribution of food aid;
          (ii) respecting local food habits and nutritional 
        needs of the beneficiaries and minimising any possible 
        negative effects on their eating habits; and
          (iii) facilitating the participation of women in the 
        decision-making process and in the implementation of 
        food aid operations, thus strengthening food security 
        at the household level.
    (b) Members shall endeavour to support the efforts of 
governments in recipient countries to develop and implement 
food aid programmes in a manner consistent with this 
Convention.
    (c) Members should support and, where appropriate, 
contribute to strengthening the capacity and competence of 
recipient governments and the respective civil societies to 
develop and implement food security strategies to enhance the 
impact of food aid programmes.
    (d) When food aid is sold within a recipient country, the 
sale shall be carried out, as far as possible, through the 
private sector and be based on market analysis. In targeting 
proceeds from such sales, priority shall be given to projects 
aiming to improve the food security of beneficiaries.
    (e) Consideration should be given to reinforcing food aid 
by other means (financial aid, technical assistance etc.) in 
order to strengthen its capacity to enhance food security and 
to increase the capacity of governments and civil society to 
develop food security strategies at all levels.
    (f) Members shall endeavour to ensure coherence between 
food aid policies and policies in other sectors such as 
development, agriculture and trade.
    (g) Members agree to consult to the extent possible with 
all partners concerned at the level of each recipient country 
to ensure monitoring of the co-ordination of food aid 
programmes and operations.
    (h) Members shall endeavour to carry out joint evaluations 
of their food aid programmes and operations. Such evaluation 
should be based on agreed international principles.
    (i) When carrying out evaluations of their food aid 
programmes and operations, members shall take into 
consideration the provisions of this Convention relating to the 
effectiveness and impact of those food aid programmes and 
operations.
    (j) Members are encouraged to assess the impact of their 
food aid programmes, channelled bilaterally or multilaterally 
or through non-governmental organisations, using appropriate 
indicators such as the nutritional status of the beneficiaries 
and other indicators related to world food security.

                              article xiv

                     Information and Co-ordination

    (a) Members shall provide regular and timely reports to the 
Committee on the amount, content, channelling, costs including 
transport and other operational costs, forms and terms of their 
contributions in accordance with the Rules of Procedure.
    (b) Members undertake to supply such statistical and other 
information that may be required for the operation of this 
Convention, in particular regarding their:
          (i) aid deliveries, including the purchase of 
        products made as the result of cash contributions, 
        local purchases or triangular operations, and those 
        channelled through international organisations;
          (ii) arrangements entered into for the future supply 
        of food aid;
          (iii) policies affecting the provision and 
        distribution of food aid. To the extent possible, these 
        reports shall be submitted in writing to the Executive 
        Director before each regular session of the Committee.
    (c) Members who make contributions in the form of 
multilateral cash contributions to international organisations 
shall report the fulfilment of their obligations in accordance 
with the Rules of Procedure.
    (d) Members shall exchange information on their food aid 
policies and programmes and the results of their evaluations of 
these policies and programmes, and shall endeavour to ensure 
the coherence of their food aid programmes with food security 
strategies at national, regional, local and household levels.
    (e) Members shall indicate to the Committee, in advance, 
the amount of their commitment which is not made in the form of 
grants and the terms of any such aid.

                        PART III--ADMINISTRATION

                               article xv

                           Food Aid Committee

    (a) The Food Aid Committee, established by the Food Aid 
Convention of the International Grains Arrangement, 1967, shall 
continue in being for the purpose of administering this 
Convention, with the powers and functions provided in this 
Convention.
    (b) The membership of the Committee shall consist of all 
parties to this Convention.
    (c) Each member shall designate a representative resident 
at the seat of the Committee to whom the Secretariat's notices 
and other communications related to the work of the Committee 
shall normally be addressed. Other arrangements may be adopted 
by any member in agreement with the Executive Director.

                              article xvi

                          Powers and Functions

    (a) The Committee shall take such decisions and perform 
such functions as are required to carry out the provisions of 
this Convention. It shall establish such Rules of Procedure as 
are necessary for this purpose.
    (b) The decisions of the Committee shall be reached by 
consensus.
    (c) The Committee shall keep the requirements for food aid 
in developing countries and the ability of members to respond 
to those requirements under review.
    (d) The Committee shall keep under review the progress made 
in attaining the objectives set out in Article I of this 
Convention, and the fulfilment of the provisions of this 
Convention.
    (e) The Committee may receive information from recipient 
countries and consult with them.

                              article xvii

                       Chairman and Vice-Chairman

    (a) At the last statutory session held in each year, the 
Committee shall appoint a Chairman and a Vice-Chairman for the 
following year.
    (b) The duties of the Chairman shall be:
          (i) to approve the draft agenda for each session;
          (ii) to preside at sessions;
          (iii) to declare the opening and closing of each 
        meeting and of each session;
          (iv) to submit the draft agenda to the Committee for 
        adoption at the beginning of each session;
          (v) to direct the discussions and to ensure 
        observance of the Rules of Procedure;
          (vi) to accord the right to speak and to decide all 
        questions of order in accordance with the relevant 
        Rules of Procedure;
          (vii) to put questions and announce decisions; and,
          (viii) to rule on points of order that delegates may 
        raise.
    (c) If the Chairman is absent from a session or any part 
thereof, or is temporarily unable to fill the office of 
Chairman, the Vice-Chairman shall act as Chairman. In the 
absence of the Chairman and the Vice-Chairman, the Committee 
shall appoint a temporary Chairman.
    (d) If, for any reason, the Chairman is unable to continue 
to fill the office of Chairman, the Vice-Chairman shall act as 
Chairman pending the appointment of a new Chairman by the 
Committee.
    (e) The Vice-Chairman, when acting as Chairman, or the 
temporary Chairman, shall have the same powers and duties as 
the Chairman.

                             article xviii

                                Sessions

    (a) The Committee shall meet at least twice a year in 
conjunction with the statutory sessions of the International 
Grains Council. The Committee shall meet also at such other 
times either as the Chairman shall decide, at the request of 
three members, or as otherwise required by this Convention.
    (b) The presence of delegates representing two thirds of 
the membership of the Committee shall be necessary to 
constitute a quorum at any session of the Committee.
    (c) The Committee may, when appropriate, invite any non-
member government and representatives from other international 
inter-governmental organisations to attend its open meetings as 
observers.
    (d) The seat of the Committee shall be in London.

                              article xix

                              Secretariat

    (a) The Committee shall use the services of the Secretariat 
of the International Grains Council for the performance of such 
administrative duties as the Committee may request, including 
the processing and distribution of documentation and reports.
    (b) The Executive Director shall carry out the directions 
of the Committee and shall perform such duties as are laid down 
in the Convention and the Rules of Procedure.

                               article xx

                         Defaults and Disputes

    (a) In the case of a dispute concerning the interpretation 
or application of this Convention, or of a default in 
obligations under this Convention, the Committee shall meet and 
take appropriate action.
    (b) Members shall take account of the recommendations and 
conclusions reached by consensus by the Committee in cases of 
disagreement as to the application of the provisions of this 
Convention.

                       PART IV--FINAL PROVISIONS

                              article xxi

                               Depositary

    The Secretary-General of the United Nations is hereby 
designated as the depositary of this Convention.

                              article xxii

                       Signature and Ratification

    (a) This Convention shall be open for signature from 1 May 
1999 until and including 30 June 1999 by the Governments 
referred to in paragraph (e) of Article III.
    (b) This Convention shall be subject to ratification, 
acceptance or approval by each signatory Government in 
accordance with its constitutional procedures. Instruments of 
ratification, acceptance or approval shall be deposited with 
the depositary not later than 30 June 1999, except that the 
Committee may grant one or more extensions of time to any 
signatory Government that has not deposited its instrument of 
ratification, acceptance or approval by that date.
    (c) Any signatory Government may deposit with the 
depositary a declaration of provisional application of this 
Convention. Any such Government shall provisionally apply this 
Convention in accordance with its laws and regulations and be 
provisionally regarded as a party thereto.
    (d) The depositary shall notify all signatory and acceding 
Governments of each signature, ratification, acceptance, 
approval, provisional application of, and accession to, this 
Convention.

                             article xxiii

                               Accession

    (a) This Convention shall be open for accession by any 
Government referred to in paragraph (e) of Article III that has 
not signed this Convention. Instruments of accession shall be 
deposited with the depositary not later than 30 June 1999, 
except that the Committee may grant one or more extensions of 
time to any Government that has not deposited its instrument of 
accession by that date.
    (b) Once this Convention has entered into force in 
accordance with Article XXIV, it shall be open for accession by 
any Government other than those referred to in paragraph (e) of 
Article III, upon such conditions as the Committee considers 
appropriate. Instruments of accession shall be deposited with 
the depositary.
    (c) Any Government acceding to this Convention under 
paragraph (a) of this Article, or whose accession has been 
agreed by the Committee under paragraph (b) of this Article, 
may deposit with the depositary a declaration of provisional 
application of this Convention pending the deposit of its 
instrument of accession. Any such Government shall 
provisionally apply this Convention in accordance with its laws 
and regulations and be provisionally regarded as a party 
thereto.

                              article xxiv

                            Entry into force

    (a) This Convention shall enter into force on 1 July 1999 
if by 30 June 1999 the Governments, whose combined commitments, 
as listed in paragraph (e) of Article III, equal at least 75% 
of the total commitments of all governments listed in that 
paragraph, have deposited instruments of ratification, 
acceptance, approval or accession, or declarations of 
provisional application, and provided that the Grains Trade 
Convention, 1995 is in force.
    (b) If this Convention does not enter into force in 
accordance with paragraph (a) of this Article, the Governments 
which have deposited instruments of ratification, acceptance, 
approval or accession, or declarations of provisional 
application, may decide by unanimous consent that it shall 
enter into force among themselves provided that the Grains 
Trade Convention, 1995 is in force.

                              article xxv

                        Duration and Withdrawal

    (a) This Convention shall remain in force until and 
including 30 June 2002, unless extended under paragraph (b) of 
this Article or terminated earlier under paragraph (f) of this 
Article, provided that the Grains Trade Convention, 1995, or a 
new Grains Trade Convention replacing it, remains in force 
until and including that date.
    (b) The Committee may extend this Convention beyond 30 June 
2002 for successive periods not exceeding two years on each 
occasion, provided that the Grains Trade Convention, 1995, or a 
new Grains Trade Convention replacing it, remains in force 
during the period of the extension.
    (c) If this Convention is extended under paragraph (b) of 
this Article, the commitments of members under paragraph (e) of 
Article III may be subject to review by members before the 
entry into force of each extension. Their respective 
commitments, as reviewed, shall remain unchanged for the 
duration of each extension.
    (d) The operation of this Convention shall be kept under 
review, in particular with reference to the results of any 
multilateral negotiations bearing on the provision of food aid, 
including especially on concessional credit terms, and the need 
to apply the results thereof.
    (e) The situation with respect to all food aid operations 
and, in particular, those under concessional credit terms, 
shall be reviewed before deciding on any extension of this 
Convention or any new convention.
    (f) In the event of this Convention being terminated, the 
Committee shall continue in being for such time as may be 
required to carry out its liquidation, and shall have such 
powers, and exercise such functions, as may be necessary for 
that purpose.
    (g) Any member may withdraw from this Convention at the end 
of any year by giving written notice of withdrawal to the 
depositary at least ninety days prior to the end of that year. 
That member shall not thereby be released from any obligations 
incurred under this Convention which have not been discharged 
by the end of that year. The member shall simultaneously inform 
the Committee of the action it has taken.
    (h) Any member which withdraws from this Convention may 
thereafter rejoin by giving written notice to the Committee and 
to the depositary. It shall be a condition of rejoining the 
Convention that the member shall be responsible for fulfilling 
its commitment with effect from the year in which it rejoins.

                              article xxvi

                     International Grains Agreement

    This Convention shall replace the Food Aid Convention, 
1995, as extended, and shall be one of the constituent 
instruments of the International Grains Agreement, 1995.

                             article xxvii

                            Authentic texts

    The texts of this Convention in the English, French, 
Russian and Spanish languages shall all be equally authentic.

                                ANNEX A

                 TRANSPORT AND OTHER OPERATIONAL COSTS

    The following transport and other operational costs 
associated with food aid contributions are included under 
Articles II (a)(vii), III, X and XIV of this Convention:
    (a) Transport Costs
          freight, including loading and discharge
          demurrage and dispatch
          trans-shipment
          bagging
          insurance and superintendance
          port charges and storage fees in port
          temporary warehouse facilities and fees in port and 
        on-route
          in-country transport, vehicle hire, tolls and escort, 
        convoy and border fees
          equipment hire
          aircraft, airlifts
    (b) Other Operational Costs
          non-food items (NFIs) utilised by beneficiaries 
        (tools, utensils, agricultural inputs)
          NFIs provided to implementing partners (vehicles, 
        storage facilities)
          costs of counterpart training
          implementing partners' operational costs, not 
        otherwise covered as transport costs
          milling and other special costs
          in-country NGO costs
          technical support services and logistics management
          project preparation, appraisal, monitoring and 
        evaluation
          beneficiary registration
          in-country technical services

                                ANNEX B

                          ELIGIBLE RECIPIENTS

    Eligible food aid recipients under Article VII of this 
Convention refer to Developing Countries and Territories listed 
as aid recipients by the Development Assistance Committee (DAC) 
of the OECD, effective as of 1 January 1997, and to countries 
included in the WTO list of Net Food-Importing Developing 
Countries, effective as of 1 March 1999.
    (a) Least-Developed Countries.--Afghanistan, Angola, 
Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, 
Cape Verde, Central African Republic, Chad, Comoros, Congo Dem. 
Rep., Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, 
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 
Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, 
Myanmar, Nepal, Niger, Rwanda, Sao Tome and Principe, Sierra 
Leone, Solomon Islands, Somalia, Sudan, Tanzania, Togo, Tuvalu, 
Uganda, Vanuatu, Western Samoa, Yemen, Zambia.
    (b) Low-Income Countries.--Albania, Armenia, Azerbaijan, 
Bosnia and Herzegovina, Cameroon, China, Congo Rep, Cote 
d'Ivoire, Georgia, Ghana, Guyana, Honduras, India, Kenya, 
Kyrgyz Rep, Mongolia, Nicaragua, Nigeria, Pakistan, Senegal, 
Sri Lanka, Tajikistan, Viet Nam and Zimbabwe.
    (c) Lower Middle-Income Countries.--Algeria, Belize, 
Bolivia, Botswana, Colombia, Costa Rica, Cuba, Dominica, 
Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Grenada, 
Guatemala, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, 
Korea (Democratic Republic of), Lebanon, Macedonia (former 
Yugoslav Republic), Marshall Islands, Micronesia Federated 
States, Moldova, Morocco, Namibia, Niue, Palau Islands, 
Palestinian Administered Areas, Panama, Papua New Guinea, 
Paraguay, Peru, Philippines, St Vincent & Grenadines, Suriname, 
Swaziland, Syria, Thailand, Timor, Tokelau, Tonga, Tunisia, 
Turkey, Turkmenistan, Uzbekistan, Venezuela, Wallis and Futuna, 
and Yugoslavia Federal Republic.
    (d) WTO Net Food-Importing Developing Countries (not 
included above).--Barbados, Mauritius, St Lucia, Trinidad & 
Tobago.

Secretariat's note
    In accordance with Article VII (c) of the FAC, 1999, 
changes made by the Development Assistance Committee (DAC) of 
OECD in its lists of aid recipients are to be reflected in the 
lists of eligible FAC recipients. The table in Annex B above 
applied in respect of aid provided in 1999/2000 only. Current 
lists of eligible recipients may be obtained from the IGC 
Secretariat.
=======================================================================


                           C. THE PEACE CORPS

           (See Volume I-B for All Material on This Subject)

=======================================================================

      
=======================================================================


                         D. DEPARTMENT OF STATE

                                CONTENTS

                                                                   Page

 1. State Department Procedures on Treaties and Other 
    International Agreements (partial text of circular 175)......    69
 2. Vienna Convention on Diplomatic Relations....................    95
 3. Vienna Convention on Consular Relations......................   112
 4. Organization and Administration..............................   143
       a. Interdepartmental Operations of the U.S. Government 
          Overseas...............................................   143
            (1) The National Security Council System 
                (Presidential Directive/NSPD-1, February 13, 
                2001)............................................   143
 5. Control of Persons Leaving or Entering the United States 
    (Presidential Proclamation 3004).............................   150
 6. Migration and Refugee Assistance.............................   153
       a. Protocol Relating to the Status of Refugees (with 
          reservation)...........................................   153
       b. Convention Relating to the Status of Refugees..........   158

=======================================================================

      
  1. State Department Procedures on Treaties and Other International 
  Agreements; Partial Text, Circular 175, 11 Foreign Affairs Manual, 
   Chapter 700, ``Treaties and Other International Agreements,'' as 
                                revised

            700--Treaties and Other International Agreements

                              711  purpose

    a. The purpose of this chapter is to facilitate the 
application of orderly and uniform measures and procedures for 
the negotiation, conclusion, publication, and registration of 
treaties and other international agreements of the United 
States. It is also designed to facilitate the maintenance of 
complete and accurate records on treaties and agreements and 
the publication of authoritative information regarding them.
    b. The chapter is not a catalog of all the essential 
guidelines or information pertaining to the making and 
application of international agreements. It is limited to 
guidelines or information necessary for general guidance.

                            712  authorities

    Legal authorities underlying the provisions of the 11 FAM 
700 include but are not limited to:
    (1) U.S. Constitution, Article II;
    (2) 1 U.S.C. 112a; 1 U.S.C. 112b;
    (3) Vienna Convention on the Law of Treaties;
    (4) 22 CFR Part 181; and
    (5) Delegation of Authority No. 205 (September 1, 1993).

              713  role of the office of the legal adviser

713.1  Legal Review of Draft Agreements

    As soon as tentative provisions for an agreement are 
considered or drafted, the Office of the Legal Adviser will 
make available the services of an attorney-adviser to insure 
that the agreement is properly drafted and agreed policy is 
expressed clearly and fully. The Office of the Legal Adviser 
often prepares a draft in the first instance upon the request 
of another office.

713.2  Legal Clearance Required

    Any draft of a proposed treaty or agreement, or any action 
regarding the negotiation, conclusion, ratification or 
approval, or termination, as well as the existence, status, and 
application, of any international agreement to which the United 
States is or may become a party, should be cleared with the 
Office of the Legal Adviser (including the Assistant Legal 
Adviser for Treaty Affairs as appropriate) and with other 
appropriate bureaus or offices and, as appropriate, with any 
other agency concerned with the treaty or international 
agreement.

                            714  disclaimer

    This chapter is intended solely as a general outline of 
measures and procedures ordinarily followed. This outline 
cannot anticipate all circumstances or situations that may 
arise. Deviation or derogation from the provisions of this 
chapter will not invalidate actions taken by officers or affect 
the validity of negotiations engaged in or of treaties or other 
agreements concluded.

                    720  negotiation and conclusion

                      721  circular 175 procedure

    This subchapter is a codification of the substance of 
Department Circular No. 175, December 13, 1955, as amended, on 
the negotiation and conclusion of treaties and other 
international agreements. It may be referred to for convenience 
and continuity as the ``Circular 175 Procedure.'' The C-175 
procedure facilitates the application of orderly and uniform 
measures to the negotiation, conclusion, reporting, 
publication, and registration of U.S. treaties and 
international agreements, and facilitates the maintenance of 
complete and accurate records on such agreements.

                        722  general objectives

    The objectives are:
    (1) That the making of treaties and other international 
agreements for the United States is carried out within 
constitutional and other appropriate limits;
    (2) That particular treaties or international agreements 
are not in conflict with other international agreements or U.S. 
law;
    (3) That the objectives to be sought in the negotiation of 
particular treaties and other international agreements are 
approved by the Secretary or an officer specifically authorized 
by him for that purpose;
    (4) That timely and appropriate consultation is had with 
congressional leaders and committees on treaties and other 
international agreements;
    (5) That where, in the opinion of the Secretary of State or 
a designee, the circumstances permit, other agencies and the 
public be given an opportunity to comment on treaties and other 
international agreements;
    (6) That firm positions departing from authorized positions 
are not undertaken without the approval of the Legal Adviser 
(L) and interested assistant secretaries or their deputies;
    (7) That the final texts developed are approved by the 
Office of the Legal Adviser (L) and the interested assistant 
secretaries or their deputies and, when required, brought a 
reasonable time before signature to the attention of the 
Secretary or an officer specifically designated by the 
Secretary for that purpose;
    (8) That authorization to sign the final text is obtained 
and appropriate arrangements for signature are made; and
    (9) That there is compliance with the requirements of 1 
U.S.C. 112b, as amended, on the transmission of the texts of 
international agreements other than treaties to the Congress 
(see 11 FAM 726); the law on the publication of treaties and 
other international agreements (see 1 U.S.C. 112a and 11 FAM 
727); and treaty provisions on registration (see 11 FAM 753.3).

           723  exercise of the international agreement power

723.1  Determination of Type of Agreement

    The following considerations will be taken into account 
along with other relevant factors in determining whether an 
international agreement shall be dealt with by the United 
States as a treaty to be brought into force with the advice and 
consent of the Senate or as an agreement to be brought into 
force on some other constitutional basis.

723.2  Constitutional Requirements

    There are two procedures under the Constitution through 
which the United States becomes a party to international 
agreements. Those procedures and the constitutional parameters 
of each are found below.

723.2-1  Treaties

    International agreements (regardless of their title, 
designation, or form) whose entry into force with respect to 
the United States takes place only after the Senate has given 
its advice and consent are ``treaties.'' The President, with 
the advice and consent of two-thirds of the Senators present, 
may enter into an international agreement on any subject 
genuinely of concern in foreign relations, so long as the 
agreement does not contravene the United States Constitution;

723.2-2  International Agreements Other Than Treaties

    International agreements brought into force with respect to 
the United States on a constitutional basis other than with the 
advice and consent of the Senate are ``international agreements 
other than treaties.'' (The term ``sole executive agreement'' 
is appropriately reserved for agreements made solely on the 
basis of the constitutional authority of the President.) There 
are three constitutional bases for international agreements 
other than treaties as set forth below. An international 
agreement may be concluded pursuant to one or more of these 
constitutional bases:
          (1) Treaty;
          (2) Legislation;
          (3) Constitutional authority of the President.

723.2-2(A)  Agreements Pursuant to Treaty

    The President may conclude an international agreement 
pursuant to a treaty brought into force with the advice and 
consent of the Senate, the provisions of which constitute 
authorization for the agreement by the Executive without 
subsequent action by the Congress.

723.2-2(B)  Agreements Pursuant to Legislation

    The President may conclude an international agreement on 
the basis of existing legislation or subject to legislation to 
be adopted by the Congress, or upon the failure of Congress to 
adopt a disapproving joint or concurrent resolution within 
designated time periods.

723.2-2(C)  Agreements Pursuant to the Constitutional Authority of the 
        President

    The President may conclude an international agreement on 
any subject within his constitutional authority so long as the 
agreement is not inconsistent with legislation enacted by the 
Congress in the exercise of its constitutional authority. The 
constitutional sources of authority for the President to 
conclude international agreements include:
          (1) The President's authority as Chief Executive to 
        represent the nation in foreign affairs;
          (2) The President's authority to receive ambassadors 
        and other public ministers, and to recognize foreign 
        governments;
          (3) The President's authority as ``Commander-in-
        Chief''; and
          (4) The President's authority to ``take care that the 
        laws be faithfully executed.''

723.3  Considerations for Selecting Among Constitutionally Authorized 
        Procedures

    In determining a question as to the procedure which should 
be followed for any particular international agreement, due 
consideration is given to the following factors along with 
those in 11 FAM 723.2:
          (1) The extent to which the agreement involves 
        commitments or risks affecting the nation as a whole;
          (2) Whether the agreement is intended to affect state 
        laws;
          (3) Whether the agreement can be given effect without 
        the enactment of subsequent legislation by the 
        Congress;
          (4) Past U.S. practice as to similar agreements;
          (5) The preference of the Congress as to a particular 
        type of agreement;
          (6) The degree of formality desired for an agreement;
          (7) The proposed duration of the agreement, the need 
        for prompt conclusion of an agreement, and the 
        desirability of concluding a routine or short-term 
        agreement; and
          (8) The general international practice as to similar 
        agreements.
    In determining whether any international agreement should 
be brought into force as a treaty or as an international 
agreement other than a treaty, the utmost care is to be 
exercised to avoid any invasion or compromise of the 
constitutional powers of the President, the Senate, and the 
Congress as a whole.

723.4  Questions as to Type of Agreement To Be Used; Consultation With 
        Congress

    a. All legal memoranda accompanying Circular 175 requests 
(see 11 FAM 724.3, paragraph h) will discuss thoroughly the 
legal authorities underlying the type of agreement recommended.
    b. When there is any question whether an international 
agreement should be concluded as a treaty or as an 
international agreement other than a treaty, the matter is 
brought to the attention, in the first instance, of the Legal 
Adviser for Treaty Affairs. If the Assistant Legal Adviser for 
Treaty Affairs considers the question to be a serious one that 
may warrant formal congressional consultation, s/he or an 
appropriate representative of the Office of the Legal Adviser 
(L) will consult with the Assistant Secretary for Legislative 
Affairs (H) (or designee) and other affected bureaus. Upon 
receiving their views on the subject, the Legal Adviser will, 
if the matter has not been resolved, transmit a memorandum 
thereon to the Secretary (or designee) for a decision. Every 
practicable effort will be made to identify such questions at 
the earliest possible date so that consultations may be 
completed in sufficient time to avoid last-minute 
consideration.
    c. Consultations on such questions will be held with 
congressional leaders and committees as may be appropriate. 
Arrangements for such consultations shall be made by the 
Assistant Secretary for Legislative Affairs and shall be held 
with the assistance of the Office of the Legal Adviser (L) and 
such other offices as may be determined. Nothing in this 
section shall be taken as derogating from the requirement of 
appropriate consultations with the Congress in accordance with 
11 FAM 725.1, subparagraph (5), in connection with the 
initiation of, and developments during negotiations for 
international agreements, particularly where the agreements are 
of special interest to the Congress.

  724  action required in negotiation, conclusion, and termination of 
                 treaties and international agreements

724.1  Authorization Required to Undertake Negotiations

    Negotiations of treaties, or other ``significant'' 
international agreements, or for their extension or revision, 
are not to be undertaken, nor any exploratory discussions 
undertaken with representatives of another government or 
international organization, until authorized in writing by the 
Secretary or an officer specifically authorized by the 
Secretary for that purpose.

724.2  Scope of Authorization

    Approval of a request for authorization to negotiate a 
treaty or other international agreement does not constitute 
advance approval of the text nor authorization to agree upon a 
date for signature or to sign the treaty or agreement. 
Authorization to agree upon a given date for, and to proceed 
with, signature must be specifically requested in writing, as 
provided in 11 FAM 724.3. This applies to treaties and other 
agreements to be signed abroad as well as those to be signed at 
Washington. Special instructions may be required, because of 
the special circumstances involved, for multilateral 
conventions or agreements to be signed at international 
conferences.

724.3  Request for Authorization to Negotiate and/or Sign Action 
        Memorandum

    a. A request for authorization to negotiate and/or conclude 
a treaty or other international agreement takes the form of an 
action memorandum addressed to the Secretary or other principal 
to whom such authority has been delegated, as appropriate, and 
cleared with the Office of the Legal Adviser (L) (including the 
Assistant Legal Adviser for Treaty Affairs), the Office of the 
Assistant Secretary for Legislative Affairs, other appropriate 
bureaus, and any other agency (such as Defense, Commerce, etc.) 
which has primary responsibility or a substantial interest in 
the subject matter.
    b. The action memorandum may request one of the following:
          (1) Authority to negotiate;
          (2) Authority to conclude; or
          (3) Authority to negotiate and conclude.
The request in each instance states that any substantive 
changes in the draft text will be cleared with the Office of 
the Legal Adviser and other specified regional and/or 
functional bureaus before definitive agreement is reached. 
Drafting offices should consult closely with the Office of the 
Legal Adviser (L) to ensure that all legal requirements are 
met.
    c. The action memorandum indicates what arrangements have 
been made and/or are planned as to: (1) congressional 
consultation and (2) opportunity for public comment on the 
treaty or agreement being negotiated, signed, or acceded to.
    d. The action memorandum shall indicate whether a proposed 
treaty or agreement embodies a commitment to furnish funds, 
goods, or services beyond or in addition to those authorized in 
an approved budget; and if so, what arrangements are being 
planned or carried out concerning consultation with the Office 
of Management and Budget (OMB) for such commitment. The 
Department will not authorize such commitments without 
confirmation that the relevant budget approved by the President 
requests or provides funds adequate to fulfill the proposed 
commitment or that the President has made a determination to 
seek the required funds.
    e. The action memorandum shall indicate whether a proposed 
treaty or agreement embodies a commitment that could reasonably 
be expected to require (for its implementation) the issuance of 
a ``significant regulatory action'' (as defined in section 3 of 
Executive Order 12866); and if so, what arrangements are being 
planned or carried out concerning timely consultation with OMB. 
The Department will not authorize such commitments without 
confirmation that OMB has been consulted in a timely manner 
concerning the proposed commitment.
    f. Where it appears that there may be issues regarding the 
public disclosure of the text of an agreement upon its 
signature or entry into force, the action memorandum shall 
include an explanation thereof (see 11 FAM 725.2 and 11 FAM 
725.3).
    g. An action memorandum dealing with an agreement that has 
a potential for adverse environmental impact should contain a 
statement indicating whether the agreement will significantly 
affect the quality of the human environment.
    h. The action memorandum is accompanied by:
          (1) The U.S. draft, if available, of any agreement or 
        other instrument intended to be negotiated; or
          (2) The text of any agreement and related exchange of 
        notes, agreed minutes, or other document to be signed 
        (with appropriate clearances, including that of the 
        Assistant Legal Adviser for Treaty Affairs); and
          (3) A memorandum of law prepared in the Office of the 
        Legal Adviser.
    i. These provisions shall apply whether a proposed 
international agreement is to be concluded in the name of the 
U.S. Government or in the name of a particular agency of the 
U.S. Government. However, in the latter case, the action 
memorandum may be addressed to the interested Assistant 
Secretary or Secretaries of State, or their designees in 
writing, unless such official(s) judge that consultation with 
the Secretary, Deputy Secretary or an Under Secretary is 
necessary. (See 22 CFR 181.4.)

724.4  Separate Authorizations

    When authorization is sought for a particular treaty or 
other agreement, either multilateral or bilateral, the action 
memorandum for this purpose outlines briefly and clearly the 
principal features of the proposed treaty or other agreements, 
indicates any special problems which may be encountered, and, 
if possible, the contemplated solutions of those problems.

724.5  Blanket Authorizations

    a. In general, blanket authorizations are appropriate only 
in those instances where, in carrying out or giving effect to 
provisions of law or policy decisions, a series of agreements 
of the same general type is contemplated; that is, a number of 
agreements to be negotiated according to a more or less 
standard formula (for example, Public Law 480 Agricultural 
Commodities Agreements; Educational Exchange Agreements; 
Investment Guaranty Agreements; Weather Station Agreements) or 
a number of treaties to be negotiated according to a more or 
less standard formula (for example, consular conventions, 
extradition treaties, etc.). Each request for blanket 
authorization shall specify the office or officers to whom the 
authority is to be delegated.
    b. The basic precepts under 11 FAM 724.3 and 11 FAM 724.4 
apply equally to requests for blanket authorizations. The 
specific terms of any blanket authorization, i.e., that the 
text of any particular agreement shall be cleared by the Office 
of the Legal Adviser (L) and other interested bureaus before 
signature, shall be observed in all cases.

724.6  Certificate on Foreign Language Text

    a. Before any treaty or other agreement containing a 
foreign language text is laid before the Secretary (or any 
person authorized by the Secretary) for signature, either in 
the Department or at a post, a signed memorandum must be 
obtained from a responsible language officer of the Department 
certifying that the foreign language text and the English 
language text are in conformity with each other and that both 
texts have the same meaning in all substantive respects. A 
similar certification must be obtained for exchanges of notes 
that set forth the terms of an agreement in two languages.
    b. In the case of treaties or international agreements that 
expressly provide that the English language text prevails in 
the case of a divergence between the language texts, the 
certification described in paragraph a of this section may not 
be required.
    c. In exceptional circumstances the Department can 
authorize the certification to be made at a post.

724.7  Transmission of Texts to the Secretary

    The texts of treaties and other international agreements 
must be completed and approved in writing by all responsible 
officers concerned sufficiently in advance to give the 
Secretary, or the person to whom authority to approve the text 
has been delegated, adequate time before the date of signing to 
examine the text and dispose of any questions that arise. Posts 
must transmit the texts to the Department as expeditiously as 
feasible to assure adequate time for such consideration. Except 
as otherwise specifically authorized by the Secretary, a 
complete text of a treaty or other international agreement must 
be delivered to the Secretary or other person authorized to 
approve the text, before any such text is agreed upon as final 
or any date is agreed upon for its signature.

724.8  Authorization to Terminate Treaties or International Agreements

    Terminations of treaties or other international agreements 
are not to be undertaken, nor any exploratory discussions 
undertaken with representatives of another government or 
international organization, until authorized by the Secretary 
or an officer specifically authorized by the Secretary for that 
purpose. A Circular 175 memorandum (as well as accompanying 
documents) should be prepared that takes into account the views 
of the relevant government agencies and interested bureaus 
within the Department (including the Office of the Legal 
Adviser (L) and the Bureau of Legislative Affairs).

    725  responsibility of office or officer conducting negotiations

725.1  Conduct of Negotiations

    The office or officer responsible for any negotiations 
keeps in mind that:
          (1) During the negotiations no position is 
        communicated to a foreign government or to an 
        international organization as a U.S. position that goes 
        beyond any existing authorization or instructions;
          (2) No proposal is made or position is agreed to 
        beyond the original authorization without appropriate 
        clearance (see 11 FAM 722.3, paragraph a);
          (3) All significant policy-determining memoranda and 
        instructions to the field on the subject of the 
        negotiations have appropriate clearance (see 11 FAM 
        724.3, paragraph a);
          (4) The Secretary or other principal, as appropriate, 
        is kept informed in writing of important policy 
        decisions and developments, including any particularly 
        significant departures from substantially standard 
        drafts that have evolved;
          (5) With the advice and assistance of the Assistant 
        Secretary for Legislative Affairs, the appropriate 
        congressional leaders and committees are advised of the 
        intention to negotiate significant new international 
        agreements, consulted concerning such agreements, and 
        kept informed of developments affecting them, including 
        especially whether any legislation is considered 
        necessary or desirable for the implementation of the 
        new treaty or agreement. Where the proposal for any 
        especially important treaty or other international 
        agreement is contemplated, the Office of the Assistant 
        Secretary for Legislative Affairs will be informed as 
        early as possible by the office responsible for the 
        subjects;
          (6) The interest of the public be taken into account 
        and, where in the opinion of the Secretary of State or 
        his or her designee the circumstances permit, the 
        public be given an opportunity to comment;
          (7) In no case, after accord has been reached on the 
        substance and wording of the texts to be signed, do the 
        negotiators sign an agreement or exchange notes 
        constituting an agreement until a request under 11 FAM 
        724.3 for authorization to conclude has been approved 
        and, if at a post abroad, until instructed by the 
        Department to do so as stated in 11 FAM 731.3. If an 
        agreement is to be signed in two languages, each 
        language text must be cleared in full with the Language 
        Services Division or, if at a post abroad, with the 
        Department before signature, as stated in 11 FAM 724.6;
          (8) Due consideration is given also to the provisions 
        of 11 FAM 725.2 through 11 FAM 725.9, 11 FAM 731.3, and 
        11 FAM 732 of this chapter; and
          (9) In any case where any other department or agency 
        is to play a primary or significant role or has a major 
        interest in negotiation of an international agreement, 
        the appropriate official or officials in such 
        department or agency are informed of the provisions of 
        this subchapter.

725.2  Publication and Registration

    The objective of avoiding any commitment incompatible with 
the law requiring publication (1 U.S.C. 112a) and with the 
treaty provisions requiring registration (see 11 FAM 753.3) 
should be borne in mind by U.S. negotiators. Although 
negotiations may be conducted and draft texts may be exchanged 
on a confidential basis, efforts must be made to assure that 
any definitive agreement or commitment entered into will be 
devoid of any aspect which would prevent the publication and 
registration of the agreement. Classified agreements are not 
published.

725.3  Public Release of International Agreements

    a. The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) receives numerous inquiries for copies of 
unclassified U.S. treaties and international agreements. 
Unclassified international agreements that have entered into 
force generally will be released upon request. These agreements 
are reported to Congress under the Case Act and, unless 
classified, generally are published by the Office of the 
Assistant Legal Adviser for Treaty Affairs.
    b. Unclassified international agreements that enter into 
force upon signature generally will be released once there is a 
signed agreement.
    c. A more detailed analysis will be required for those 
unclassified international agreements that do not enter into 
force upon signature:
          (1) Many international agreements do not enter into 
        force upon signature, but still require some sort of 
        Presidential (or Executive) action prior to being 
        brought into force (``PA Agreements''). Some agreements 
        require further action by the Executive on the 
        international plane, such as an exchange of notes 
        between the parties confirming completion of their 
        respective domestic procedures or the deposit of an 
        instrument of ratification or acceptance, before the 
        agreements enter into force. Other agreements require 
        that the President also take certain domestic actions 
        after signature and before the agreement enters into 
        force. For example, the President may need to seek the 
        advice and consent of the Senate to ratify a treaty. 
        For other types of agreements, the President may need 
        to transmit an agreement to Congress for a mandatory 
        review period;
          (2) With respect to signed PA Agreements that (a) 
        have not been submitted to Congress, (b) are not 
        publicly available from other sources, and (c) require 
        Presidential or Executive action before they enter into 
        force, the Office of the Assistant Legal Adviser for 
        Treaty Affairs will consult with relevant offices 
        within the Department, other agencies, the White House, 
        and possibly the foreign government to identify 
        potential sensitivities about public release of these 
        agreements. When sensitivities are identified, the 
        office will work with other relevant offices to 
        determine whether such agreements properly should be 
        classified or otherwise withheld under any applicable 
        exemption under the Freedom of Information Act, perhaps 
        on a temporary basis until they enter into force. Where 
        no sensitivities or issues are identified, the office 
        will release a copy of the agreement.
    d. Classified international agreements are not subject to 
public release.

725.4  Public Statements

    No public statement is to be made indicating that agreement 
on a text has been reached, or that negotiations have been 
successfully completed, before authorization is granted to sign 
the treaty or other agreement. If such authorization has been 
granted subject to a condition that no substantive change in 
the proposed text is made without appropriate clearance (see 11 
FAM 724.3, paragraph a), no such public statement is to be made 
until definitive agreement on the text has been reached and 
such clearance has been received. Normally, such a public 
statement is made only at the time a treaty or other agreement 
is actually signed, inasmuch as it remains possible that last-
minute changes will be made in the text. Any such statement 
prior to that time must have the appropriate clearance, and the 
approval of the Secretary or the Department principal who 
originally approved the action memorandum request under 
``Circular 175 Procedure.''

725.5  English-Language Text

    Negotiators will assure that every bilateral treaty or 
other international agreement to be signed for the United 
States contains an English-language text. If the language of 
the other country concerned is one other than English, the text 
is done in English and, if desired by the other country, in the 
language of that country. A U.S. note that constitutes part of 
an international agreement effected by exchange of notes is 
always in the English language. If it quotes a foreign 
government note, the quotation is to be rendered in English 
translation. A U.S. note is not in any language in addition to 
English, unless specifically authorized (with the clearance of 
the Assistant Legal Adviser for Treaty Affairs). The note of 
the other government concerned may be in whatever language that 
government desires.

725.6  Electronic Reporting of Signature of Treaty or Exchange of Notes

    The officer responsible for the signature of a treaty or 
other international agreement or for the exchange of notes 
constituting an international agreement shall as soon as 
possible, in any event within twenty-four hours of the 
signature or exchange, report electronically to the address 
that follows: the title of the signed treaty or other 
international agreement or the subject matter and names of the 
parties to the exchange of notes, as well as the date and place 
where the signature or exchange took place. The reporting 
address is [email protected].

725.7  Transmission of Signed Texts to Assistant Legal Adviser for 
        Treaty Affairs

    a. The officer responsible for the negotiation of a treaty 
or other agreement at any post must transmit, as expeditiously 
as possible, the signed original text, together with all 
accompanying papers such as agreed minutes, exchanges of notes, 
plans, etc. (indicating full names of persons who signed), to 
the Assistant Legal Adviser for Treaty Affairs. Where originals 
are not available, the officer must obtain accurate certified 
copies and transmit them as in the case of the original. (See 
11 FAM 725.8, 11 FAM 725.9, and 11 FAM 725.10.)
    b. Any officer in the Department having possession of or 
receiving from any source a signed original or certified copy 
of a treaty or agreement or of a note or other document 
constituting a part of a treaty or agreement must forward such 
documents immediately to the Assistant Legal Adviser for Treaty 
Affairs.

725.8  Transmission of Certified Copies to the Department

    a. When an exchange of diplomatic notes between the mission 
and a foreign government constitutes an agreement or has the 
effect of extending, modifying, or terminating an agreement to 
which the United States is a party, a properly certified copy 
of the note from the mission to the foreign government, and the 
signed original of the note from the foreign government are 
sent, as soon as practicable (indicating full names of persons 
who signed) [remove italics] to the Department for attention of 
the Assistant Legal Adviser for Treaty Affairs. Likewise, if, 
in addition to the treaty or other international agreement 
signed, notes related thereto are exchanged (either at the same 
time, beforehand, or thereafter), particularly bringing an 
agreement into force, a properly certified copy (copies) of the 
note(s) from the mission to the foreign government is 
transmitted with the signed original(s) of the note(s) from the 
foreign government.
    b. In each instance, the mission retains for its files 
certified copies of the note exchanged. The U.S. note is 
prepared in accordance with the rules prescribed in 5 FAH-1, 
Correspondence Handbook. The note of the foreign government is 
prepared in accordance with the style of the foreign ministry 
and usually in the language of that country. Whenever 
practicable, arrangements are made for the notes to bear the 
same date.

725.9  Certification of Copies

    If a copy of a note is a part of an international 
agreement, such copy is certified by a duly commissioned and 
qualified Foreign Service officer either (a) by a certification 
on the document itself, or (b) by a separate certification 
attached to the document. A certification on the document 
itself is placed at the end of the document. It indicates, 
either typed or rubber stamped, that the document is a true 
copy of the original signed (or initialed) by (INSERT FULL NAME 
OF OFFICER WHO SIGNED DOCUMENT), and it is signed by the 
certifying officer. If a certification is typed on a separate 
sheet of paper, it briefly describes the document certified and 
states that it is a true copy of the original signed (or 
initialed) by (FULL NAME), and it is signed and dated by the 
certifying officer. The certification may be stapled to the 
copy of the note.

725.10  Preparation of Copies for Certification

    For purposes of accuracy of the Department's records and 
publication and registration, a certified copy must be an exact 
copy of the signed original. It must be communicated in a form 
that renders information accessible so as to be usable for 
subsequent reference, either as a PDF file e-mailed to 
[email protected] or as a facsimile reproduction on white 
durable paper and must be clearly legible. In the case of 
notes, the copy shows the letterhead, the date and, if signed, 
an indication of the signature or, if merely initialed, the 
initials which appear on the original. It is suggested that, in 
the case of a note from the mission to the foreign government, 
the copy for certification and transmission to the Department 
be made at the same time the original is prepared. If the copy 
is made at the same time, the certificate prescribed in 11 FAM 
725.9 may state that the document is a true and correct copy of 
the signed original. If it is not possible to make a copy at 
the same time the original is prepared, the certificate 
indicates that the document is a true and correct copy of the 
copy on file in the mission. The word ``(Copy)'' is not placed 
on the document which is being certified; the word ``(Signed)'' 
is not placed before the indication of signatures.

 726  transmission of international agreements other than treaties to 
            congress: compliance with the case-zablocki act

    All officers will be especially diligent in cooperating to 
assure compliance with Public Law 92-403 ``An Act to require 
that international agreements other than treaties, hereafter 
entered into by the United States, be transmitted to the 
Congress within sixty days after the execution thereof.'' That 
act, popularly known as the Case-Zablocki Act, approved August 
22, 1972 (86 Stat. 619; 1 U.S.C. 112b, as amended), provides in 
relevant part:
    The Secretary of State shall transmit to the Congress the 
text of any international agreement The Secretary of State 
shall transmit to the Congress the text of any international 
agreement (including the text of any oral international 
agreement, which agreement shall be reduced to writing) other 
than a treaty to which the United States is a party as soon as 
practicable after such agreement has entered into force with 
respect to the United States but in no event later than sixty 
days thereafter. However, any such agreement the immediate 
public disclosure of which would in the opinion of the 
President, be prejudicial to the national security of the 
United States shall not be so transmitted to the Congress but 
shall be transmitted to the Committee on Foreign Relations of 
the Senate and the Committee on International Relations of the 
House of Representatives under an appropriate injunction of 
secrecy to be removed only upon due notice from the President. 
Any department or agency of the United States government which 
enters into any international agreement on behalf of the United 
States shall transmit to the Department of State the text of 
such agreement not later than twenty days after such agreement 
has been signed.

   727  publication and internet availability of treaties and other 
             international agreements of the united states

    The attention of all officers is directed to the 
requirements of the Act of September 23, 1950 (64 Stat. 979; 1 
U.S.C. 112a), which provides in relevant part:
          (a) The Secretary of State shall cause to be 
        compiled, edited, indexed, and published, beginning as 
        of January 1, 1950, a compilation entitled ``United 
        States Treaties and Other International Agreements,'' 
        which shall contain all treaties to which the United 
        States is a party that have been proclaimed during each 
        calendar year, and all international agreements other 
        than treaties to which the United States is a party 
        that have been signed, proclaimed, or with reference to 
        which any other final formality has been executed, 
        during each calendar year. The said United States 
        Treaties and Other International Agreements shall be 
        legal evidence of the treaties, international 
        agreements other than treaties, and proclamations by 
        the President of such treaties and agreements, therein 
        contained, in all the courts of the United States, the 
        several States, and the Territories and insular 
        possessions of the United States.
          * * * * * * *
          (d) The Secretary of State shall make publicly 
        available through the Internet website of the 
        Department of State each treaty or international 
        agreement proposed to be published in the compilation 
        entitled ``United States Treaties and Other 
        International Agreements'' not later than 180 days 
        after the date on which the treaty or agreement enters 
        into force.

        730  guidelines for concluding international agreements

               731  bilateral and multilateral agreements

731.1  Method of Concluding Bilateral and Multilateral Agreements

    An agreement may be concluded through bilateral 
negotiations, which result either in the signing of a single 
instrument in duplicate or in an exchange of diplomatic notes, 
or through multilateral negotiations, usually at an 
international conference to which the governments concerned 
send official delegations to formulate and adopt or sign an 
instrument of agreement.

731.2  Bilateral Treaties and Agreements

731.2-1  Negotiation and Background Assistance

    Whenever the negotiation of a new international agreement 
is under consideration, the Department office or the post 
having primary responsibility informs the Legal Adviser and 
may, if considered necessary, request background material and 
advice regarding relevant provisions in existing treaties and 
agreements, the general treaty relations of this Government 
with the government or governments concerned, and other 
pertinent information.

731.3  Instructions to Negotiators

    a. When an agreement is to be concluded at a foreign 
capital, the Department designates the U. S. negotiator or 
negotiators, and the negotiator or negotiators are given 
appropriate instructions. If the agreement to be negotiated is 
a treaty that will be referred to the Senate, the Secretary of 
State may at some time prior to or during the negotiations 
issue or request the President to issue a ``full power'' (see 
11 FAM 733) constituting formal authorization for the United 
States negotiators to sign the agreement. Such a ``full power'' 
is not customary with respect to an international agreement 
other than a treaty. Receiving or possessing a ``full power'' 
is never to be considered as a final authorization to sign.
    b. The Department gives that authorization by a written or 
telegraphic instruction, and no signature is affixed in the 
absence of such instruction. If the proposal for an agreement 
originates with the United States, the U.S. negotiators as a 
rule furnish a tentative draft of the proposed agreement for 
submission to the other government for its consideration. The 
negotiators submit to the Department any modification of the 
draft or any counterproposal made by the other government and 
await instructions from the Department. If the original 
proposal emanates from a foreign government, the mission 
forwards The proposal to the Department and awaits its 
instructions.

731.4  Preparation of Texts for Signature

    a. If an agreement is to be signed at a post abroad as a 
single instrument (in duplicate), preparing the documents to be 
signed is customarily done in the foreign ministry on paper 
supplied by it, along with a binding and ribbons to tie the 
pages in place. However, the mission may lend assistance if the 
foreign ministry so desires. There is no universal standard as 
to the kind or size of paper which must be used (each foreign 
ministry has its own ``treaty paper''). For every bilateral 
agreement there must be two originals, one for each government. 
Each original must embody the full text of the agreement in all 
the languages in which the agreement is to be signed, and must 
be exactly the same as the other original subject only to the 
principle of the ``alternat.''
    b. In the case of an agreement effected by an exchange of 
notes, the U.S. notes are prepared in English and in accordance 
with 5 FAM 220 through 224 and the rules prescribed in 5 FAH-1, 
Correspondence Handbook. The note of the foreign government is 
prepared in accordance with the style of the foreign ministry 
and usually in the language of that country. Whenever 
practicable, arrangements are made for the notes to bear the 
same date.

731.5  Arrangement of Texts and Principle of the Alternat

731.5-1  Arrangement of Texts

    When English and a language other than English are both 
used, the texts in the two languages are placed:
          (1) in ``tandem'' fashion, that is, with one text 
        following the other (the tandem procedure is the most 
        widely used as it is the most expeditious); or
          (2) in parallel, vertical columns on the same page, 
        the columns being approximately of equal width; or
          (3) on opposite facing pages of the document the 
        entire width of the type or printed space on the page.
    If the two languages are placed ``tandem'' fashion, the 
English text is placed first in the U.S. original, and 
conversely in the foreign government's original.
    If parallel columns are used, the English text is placed in 
the left column of each page in the original to be retained by 
the United States, and the foreign text appears in the right 
column. In the other original, to be retained by the foreign 
government, the foreign text appears in the left column, and 
the English text in the right column.
    If the two languages are placed on opposite facing pages of 
the document, the English text occupies the left-hand page and 
the foreign text the right-hand page in the U.S. original, and 
conversely in the foreign government's original. If either the 
``tandem'' or the ``opposite facing page'' style is used, the 
concluding part (usually beginning ``IN WITNESS WHEREOF,'' 
``DONE,'' etc.) should appear in parallel columns on the page 
on which the signatures will appear, so that only one set of 
signatures is required for each separately bound document (see 
11 FAM Exhibit 731.5, page 8). If parallel signature columns 
are not feasible, the concluding paragraphs can be placed in 
``tandem'' fashion on the page on which the signatures appear 
(see 11 FAM Exhibit 731.5, page 9).
    If a foreign text is one which, from the occidental 
viewpoint, reads from back to front, it may be possible to join 
the two texts in a single binding so that the signatures 
appear, roughly speaking, in the center of the document. If 
this is not feasible, the negotiators should seek instructions 
from the Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T).

731.5-2  Arrangement of Names and Signatures and Use of Titles

    a. In the original that the United States retains, the 
United States is named first in both the English and foreign 
texts, wherever the names of the countries occur together 
conjunctively or disjunctively, and the signature of the 
plenipotentiary of the United States appears on the left and 
that of the foreign plenipotentiary on the right of the 
original that the United States retains. Conversely, throughout 
both of the language texts of the original that the foreign 
government retains, that government is named first and its 
plenipotentiary's signature appears to the left of the 
signature of the U.S. plenipotentiary. The position of full 
sentences, paragraphs, or subparagraphs in the text is never 
transposed in the alternat procedure.
    b. The general practice and preference of the Department of 
State is not to use titles along with signatures, especially 
where the President or the Secretary of State signs. However, 
if preferred by the other party or parties concerned, titles 
may be typed BELOW where each will sign (with ample space 
allowed for the signature). Generally, only one person signs 
for each party.

                        732  conformity of texts

    After the documents have been prepared for signature on the 
basis of agreed texts, and before the agreement is signed, the 
negotiators or other responsible officers on each side make 
sure that the texts in both originals of the prepared agreement 
are in exact conformity with each other and with the texts in 
the drafts agreed to, and especially that where a foreign 
language is included, that text and the English text are in 
conformity in all substantive respects. Prior to document 
preparation, it should have been determined that the foreign-
language text is essentially (that is, as a matter of 
substance) in accord with the English text, and that it has 
received the clearance of the Department as required in 11 FAM 
722.6.

               733  exchange or exhibition of full powers

    a. Each representative who is to sign a treaty is furnished 
a full power signed by the head of state, head of government, 
or minister for foreign affairs. More than one representative 
should be named in a single instrument of full power. On 
occasion, formal full powers may be (but customarily are NOT in 
U.S. practice) issued for signing certain agreements other than 
treaties. When issued, the full power is formal evidence of the 
authority of the representative to sign on behalf of the 
representative's government. It names the representative, with 
title, and gives a clear indication of the particular 
instrument of agreement that the representative is entitled to 
sign. Full powers for representatives of the United States are 
prepared by the Office of the Assistant Legal Adviser for 
Treaty Affairs (L/T) and generally are signed by the Secretary 
or Acting Secretary of State. On occasion, full powers are 
signed by the President.
    b. If the agreement itself requires the exchange of full 
powers, they are exchanged. If not, they may be either 
exchanged or exhibited by the representatives on the occasion 
of signing the agreement, as may be preferred by the foreign 
representative. If a full power is required, the U.S. 
representative shall NOT proceed to sign the treaty until the 
full power is in hand, or the Department specially instructs 
otherwise. If exchanged, the original full power of the foreign 
representative is forwarded to the Department with the U.S. 
original of the signed agreement. If the representatives retain 
the original of the respective full powers, each representative 
should supply the other representative with a copy or a 
certified copy of the full power.

                       734  signature and sealing

    After a treaty or other international agreement that is to 
be signed as a single instrument has been completed, the host 
government makes mutually convenient arrangements for its 
signature. In the case of treaties, the signatures of the 
representatives may be accompanied by their respective seals, 
ribbons being fastened in the seals and binding the documents. 
The same procedure may be followed for other agreements signed 
as single instruments. It is not essential that seals be 
affixed, unless the agreement specifically so requires (the 
preference of the Department of State is NOT to use seals). The 
representative's personal seal, if available, is used when 
seals accompany the signatures, except that if the other 
government concerned prefers official seals, the seal of the 
mission may be used.
    (Note.--A personal seal may consist of a signet ring with 
initial(s) or family crest, written initials, etc.)

                     735  exchange of ratifications

735.1  Time and Place for Exchange

    It is customary for a treaty to contain a simple provision 
to the effect that the instruments of ratification will be 
exchanged as soon as possible at a designated capital, and that 
the treaty will enter into force on the date of such exchange 
or at the expiration of a specified number of days or months 
following the date of exchange. (As all treaties signed on the 
part of the United States are subject to ratification by and 
with the advice and consent of the Senate, and as the time 
required for action on any particular treaty cannot be 
foreseen, it is preferable that provision is made in the treaty 
that the instruments of ratification are to be exchanged ``as 
soon as possible'' rather than within a specified period.)

735.2  Effecting the Exchange

    a. In exchanging instruments of ratification, the 
representative of the United States hands to the representative 
of the foreign government a duplicate original of the 
President's instrument of ratification. In return, the 
representative of the foreign government hands to the 
representative of the United States the instrument of 
ratification executed by the head or the chief executive of the 
foreign government. A protocol, sometimes called ``Protocol of 
Exchange of Ratifications'' or proces-verbal, attests that the 
exchange has been signed by the two representatives. No full 
power is required for this purpose.
    b. The protocol of exchange is signed in duplicate 
originals, one for each government, and the principle of the 
alternat is observed as in the treaty. Before making the 
exchange and signing the proces-verbal or protocol of exchange, 
the diplomatic representative of the United States must be 
satisfied that the ratification of the foreign government is an 
unqualified ratification, or subject only to such reservations 
or understandings as have been agreed to by the two 
governments.

735.3  Notification of Date of Exchange

    In all cases, but particularly in those in which the treaty 
enters into force on the day of the exchange, it is essential 
that the mission formally notify the Department by whatever 
means practicable when arrangements have been completed for the 
exchange, and also when the exchange actually takes place. By 
the first pouch after the exchange takes place, the mission 
should forward to the Department the instrument of ratification 
of the foreign government and the U.S. Government's original of 
the signed proces-verbal or protocol of exchange.

               740  multilateral treaties and agreements

                        741  general procedures

    The procedures for making multilateral agreements are in 
many respects the same as those for making bilateral 
agreements; for example, the general requirements in regard to 
full powers, ratification, proclamation, and publication. This 
subchapter covers certain procedures that vary with bilateral 
procedures.

                            742  negotiation

742.1  Function of International Conference

    The international conference is the device usually employed 
for negotiating multilateral agreements. The greater the number 
of countries involved, the greater the necessity for such a 
conference. If only three or four countries are involved, it 
may be convenient to conduct the preliminary negotiations 
through correspondence and have a joint meeting of 
plenipotentiaries to complete the negotiations and to sign the 
document.

742.2  Invitation

    Traditionally, the international conference is convened by 
one government extending to other interested governments an 
invitation (acceptance usually assured beforehand) to 
participate, the host government bearing most, if not all, of 
the expense incident to the physical aspects of the conference. 
This is still often the practice, but increasing numbers of 
conferences have been convened under the auspices and at the 
call of international organizations.

742.3  Statement of Purpose

    When a call is made or invitations are extended for a 
conference to formulate a multilateral agreement, it is 
customary for a precise statement of purpose to accompany the 
call or the invitations. Sometimes, the invitation is also 
accompanied by a draft agreement to be used as a basis for 
negotiations. If the conference is called under the auspices of 
an international organization, the precise statement of purpose 
or the draft agreement may be prepared in preliminary sessions 
of the organization or by the secretariat of the organization.

742.4  Instructions to Negotiators

    The U.S. delegation to a conference may be comprised of one 
or more representatives. As a rule, the U.S. delegation is 
furnished written instructions by the Department prior to the 
conference in the form of a position paper for the U.S. 
delegation cleared with the Secretary or an officer 
specifically authorized by him or her and other appropriate 
Department officers for that purpose, under the procedures 
described in 11 FAM 722.3. The Office of the Legal Adviser (L) 
in all instances reviews drafts of international conventions to 
be considered in meetings of an international organization of 
which the United States is a member; when necessary, it also 
provides legal assistance at international conferences and 
meetings.

742.5  Final Acts of Conference

    The ``Final Act'' of a conference should not contain 
international commitments. A Final Act generally is limited to 
such matters as a statement or summary of the proceedings of 
the conference, the names of the states that participated, the 
organization of the conference and the committees established, 
resolutions adopted, the drafts of international agreements 
formulated for consideration by governments concerned, and the 
like. If an international agreement is to be opened for 
signature at the close of the conference, a text thereof may be 
annexed to the Final Act but must not be incorporated in the 
body thereof; the text to be signed must be prepared and bound 
separately for that purpose. Where a final Act appears to 
embody international commitments, the U.S. representative 
reports the same to the Department and awaits specific 
instructions before taking any further action.

                  743  official and working languages

743.1  General Procedures

    The working languages of the conference and the official 
languages of the conference documents are determined by the 
conference. A conference does not necessarily adopt all of the 
languages for both purposes. It is customary and preferable for 
all the official languages in which the final document is 
prepared for signature to be designated as having equal 
authenticity. It is possible, however, for the conference to 
determine, because of special circumstances, that in the event 
of dispute one of the languages is to prevail and to include in 
the text of the agreement a provision to that effect. Before a 
U.S. delegation concurs in any such proposal, it must request 
instructions from the Department.

743.2  English-Language Text

    Negotiators will use every practicable effort to assure 
that an English-language text is part of the authentic text of 
any multilateral treaty negotiated for the United States. Where 
any question exists on this subject, the negotiators should 
seek further instructions.

              744  preparation of documents for signature

744.1  Language or Languages Used in Texts

    The multilateral agreement drawn up at an international 
conference is prepared for signature in the official language 
or languages adopted by the conference. (See 11 FAM 743.) The 
document preparation ordinarily will be done by the conference 
secretariat.

744.2  Principle of the Alternat

    The principle of the alternat (see 11 FAM 731.5) does not 
apply in regards to a multilateral agreement, except in the 
remote case when an agreement between three or four governments 
is prepared for signature in the language of all the 
signatories and each of those governments receives a signed 
original of the agreement. Customarily, a multilateral 
agreement is prepared for signature in a single original, 
comprising all the official languages. That original is placed 
in the custody of a depositary (either a government or an 
international organization) that furnishes certified copies to 
all governments concerned.

744.2-1  Arrangements of Texts

    The arrangement of multilateral agreement texts varies, 
depending largely on the number of languages used. As in the 
case of bilateral agreements, however, the basic alternatives 
in the case of multilateral agreements are ``tandem,'' parallel 
columns, or facing pages, as follows:

744.2-1(A)  Tandem

    If an agreement is to be signed in two languages, and 
especially if signed in three or more languages, the texts may 
be arranged in tandem style, that is, one complete text 
following the other. This allows readily for any number of 
official texts; the tandem style precedent of the Charter of 
the United Nations is followed for preparing agreements 
formulated under the UN auspices. It is desirable, whenever 
practicable, that the concluding part of each text be placed 
with the concluding part of each of the other texts in parallel 
columns on the page on which the first of the signatures 
appears, although the tandem arrangement described at the end 
of 11 FAM 744.2-1C can be used.

744.2-1(B)  Parallel Columns

    If an agreement is to be signed in only two languages, the 
traditionally preferred method of arrangement of the texts has 
been parallel, vertical columns. This method may be used also 
if only three languages are used, but the three columns are 
necessarily so narrow that the method has been rarely used in 
such cases. When there are four official languages, However, it 
is possible to use the parallel column method by placing two of 
the language texts on a left-hand page and the other two 
language texts on the facing right-hand page; this method has 
been used often and to good advantage in various inter-American 
agreements with English, Spanish, French, and Portuguese.

744.2-1(C)  Facing Pages

    If an agreement is to be signed in only two languages, and 
circumstances make it necessary or desirable, the facing page 
method may be used for preparing the texts for signature, so 
that one of the language texts will be on a left-hand page and 
the other will be on the facing right-hand page. When this 
method is used, it is desirable that at least the concluding 
part (usually beginning ``IN WITNESS WHEREOF,'' ``DONE,'' etc.) 
be prepared in parallel columns on the page at the end of the 
texts in both languages so that only one set of signatures is 
required. If parallel columns are not feasible, the concluding 
paragraphs can be placed tandem fashion (one language text 
after another) on the page at the end of the texts in both 
languages.

744.2-2  Arrangements of Names and Signatures

    a. The arrangement of names and signatures, although 
seemingly a minor matter, sometimes presents difficulties in 
the case of multilateral agreements. There may be variations of 
arrangements, depending on particular factors, but the 
arrangement most generally used is alphabetical according to 
the names of the countries concerned. An alphabetical listing, 
however, presents the further question, even when there are 
only two languages, of what language is to be used in 
determining the arrangement.
    b. It is a common practice to use the language of the host 
government or for an agreement formulated under the auspices of 
an international organization, to follow the precedents 
established by that organization. It is possible, in the event 
that agreement could not be reached regarding the arrangement 
of names of countries and signatures of plenipotentiaries, to 
have a drawing of lots, a device seldom used. In any event, the 
question is one to be determined by the conference.

744.3  Conformity of Texts

    It is the primary responsibility of the delegations, acting 
in conference, to determine the conformity of the agreement 
texts that are to be signed. However, the conference 
secretariat has a responsibility for checking the texts 
carefully to insure that, when put in final form for signature, 
the texts are in essential conformity.

                            745  full powers

    a. In the case of a multilateral agreement drawn up at an 
international conference, this Government customarily (almost 
invariably, in the case of a treaty) issues to one or more of 
its representatives at the conference an instrument of full 
power authorizing signature of the agreement on behalf of the 
United States. In some instances, issuance of the full power is 
deferred until it is relatively certain that the agreement 
formulated is to be signed for the United States. (See 11 FAM 
733.) Ordinarily, that full power is presented by the 
representatives to the secretary general of the conference upon 
arrival of the delegation at the conference site. It may be 
submitted in advance of arrival, but usually that is not 
necessary.
    b. When the conference has formally convened, it usually 
appoints a credentials committee, to which all full powers and 
other evidence of authorization are submitted for examination. 
The full powers and related documents are retained by the 
credentials committee or the secretary general until the close 
of the conference. At the close of the conference, the full 
powers, related documents, and the signed original of the 
agreement are turned over to the government or the 
international organization designated in the agreement as the 
depositary authority, to be placed in its archives.

                       746  signature and sealing

746.1  Signature

    Most multilateral agreements are signed. Some, however, are 
adopted by a conference or organization after which governments 
become parties by adherence, accession, acceptance, or some 
other method not requiring signature (for example, conventions 
drawn up and adopted at sessions of the International Labor 
Organization). Procedures for the deposit of an instrument of 
adherence, accession, or acceptance are similar to procedures 
for the deposit of instruments of ratification. In some cases, 
accession or approval can be accomplished by formal notice 
through diplomatic channels.

746.2  Seals

    Multilateral treaties do not usually provide for the use of 
seals along with the signatures of representatives. The large 
number of signatures would make the use of seals difficult and 
cumbersome.

           747  disposition of final documents of conference

    a. At the close of a conference, the remaining supply of 
working documents (for example, records of committee meetings, 
verbatim minutes, etc.) usually is placed in the custody of the 
host government or the organization that called the conference 
for appropriate disposition. It is not proper for definitive 
commitments constituting part of the agreement to be embodied 
in such working documents. Definitive commitments must be 
incorporated only in a final document to be signed or adopted 
as an international agreement.
    b. The final documents of the conference may include a 
Final Act (see 11 FAM 742.5) and separately, the text(s) of any 
agreement(s). The practice of signing a Final Act is still 
followed in many cases. In any event, any agreement formulated 
at the conference must be prepared as a separate document and 
signed or adopted. The signed or adopted originals of the final 
documents of the conference are submitted to the government or 
international organization designated in such documents as 
depositary. If the conference is not held under the auspices of 
an organization, it is customary for the host government to be 
designated depositary, but it might be appropriate, even in 
such case, to name an organization, such as the United Nations, 
as depositary. The decision is made by the conference, with the 
concurrence of the government or international organization 
concerned.

                   748  procedure following signature

748.1  Understandings or Reservations

    If it is necessary to inform other governments concerned, 
and perhaps obtain their consent, with respect to an 
understanding, interpretation, or reservation included by the 
Senate in its resolution of advice and consent, this Government 
communicates with the depositary, which then carries on the 
necessary correspondence with the other governments concerned.

748.2  Deposit of Ratification

    a. When the depositary for a multilateral agreement is a 
foreign government or an international organization, the U.S. 
instrument of ratification (or adherence, accession, 
acceptance, etc.) is sent by the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T) to the appropriate Foreign 
Service mission or to the U.S. representative to the 
organization if there is a permanent representative. The 
mission or the representative deposits it with the depositary 
authority in accordance with the terms of the accompanying 
instruction from the Department concerning the time of deposit.
    b. When this Government is depositary for a multilateral 
agreement, posts are not authorized to accept instruments of 
ratification of foreign governments; that is, the foreign 
government cannot deposit its instrument with the post. If a 
post is requested to transmit an instrument of ratification to 
the Department, it must make clear to the foreign government 
that the post is acting only as a transmitting agent and that 
the ratification cannot be considered as accepted for deposit 
until received and examined by the Department.

748.3  Registration

    It is generally recognized that the depositary for a 
multilateral agreement has a primary responsibility for its 
registration. Normally, the depositary has custody not only of 
the original document of agreement but also of instruments of 
ratification and other formal documents. Consequently, the 
depositary is the most authoritative source of information and 
documentation. (See also 11 FAM 753.3.)

750  responsibilities of the assistant legal adviser for treaty affairs 
                                 (l/t)

      751  preparation of documents, ceremonies, and instructions

    Carrying out and providing advice and assistance respecting 
the provisions of this chapter is the responsibility of the 
Assistant Legal Adviser for Treaty Affairs (L/T), who:
          (1) Reviews all drafts of international agreements, 
        proposals by other governments or international 
        organizations, instructions and position papers, all 
        Circular 175 requests (see 11 FAM 721), and 
        accompanying memoranda of law;
          (2) Makes arrangements for and/or supervises 
        ceremonies at Washington, DC for the signature of 
        treaties or other international agreements; and 
        supervises the preparation of texts of treaties and 
        other agreements to be signed at Washington, DC;
          (3) Supervises preparation of the Secretary of 
        State's reports to the President and the President's 
        messages to the Senate to transmit treaties for advice 
        and consent to ratification;
          (4) Prepares full powers, protocols of exchange, 
        instruments of ratification or adherence, instruments 
        or notifications of acceptance or approval, termination 
        notices, and proclamations with respect to treaties or 
        other international agreements;
          (5) Makes arrangements for the exchange or deposit of 
        instruments of ratification, deposit of instruments of 
        adherence, the receipt or deposit of instruments or 
        notifications of acceptance or approval, termination 
        notices, and proclamations with respect to treaties or 
        other international agreements;
          (6) Prepares instructions to posts abroad and notes 
        to foreign diplomatic missions at Washington, DC 
        respecting matters stated in paragraph e;
          (7) Prepares and signs transmittals to the Congress 
        of all international agreements other than treaties, as 
        required by the Case-Zablocki Act, 1 U.S.C. 112b (see 
        11 FAM 726);
          (8) Takes appropriate steps required for the 
        publication and registration of treaties and other 
        international agreements to which the United States is 
        a party, including making them available on the 
        Department's Internet Web site (see 11 FAM 727 and 11 
        FAM 753.3); and
          (9) Consults periodically with Congress on the full 
        range of treaty issues, including matters of treaty 
        priorities for the Administration; significant 
        negotiations; the appropriate form of an international 
        agreement; and the attachment of reservations, 
        understandings, or declarations to treaties before the 
        Senate for its advice and consent.

                 752  preparing documents for signature

    a. After the text of a treaty or other agreement is 
approved in writing in accordance with 11 FAM 724.7, the 
document is normally prepared at the capital at which it is to 
be signed.
    b. Adequate time (normally 7 business days) is allowed for 
the preparation (printing on treaty paper), comparing, etc., of 
the treaty or other agreement to be signed, in order to assure 
sufficient time for the preparation of accurate texts in 
duplicate for signature, including, in the case of documents to 
be signed in a foreign language, sufficient time for the 
Language Services Division to prepare any translations 
required; check any existing foreign-language draft; and check 
the prepared foreign-language text. If any question arises as 
to the time necessary to complete the preparation of texts at 
Washington, DC, the matter will be referred to the Assistant 
Legal Adviser for Treaty Affairs (L/T).

                   753  publication and registration

753.1  Publication of Texts

    After the necessary action has been taken to bring into 
force the treaty or other international agreement concluded by 
the United States, it is published in the Treaties and Other 
International Acts Series issued by the Department. After 
publication in that series, the text of the treaty or other 
agreement is printed in the annual volume(s) (which may consist 
of two or more bindings) of United States Treaties and Other 
International Agreements, as required by law (see 11 FAM 727). 
Treaties and other agreements concluded prior to January 1, 
1950, were published in the United States Statutes at Large and 
for easy reference were reprinted in Bevans, Treaties and Other 
International Agreements of the United States of America, 1776-
1949.

753.2  Responsibility for Other Treaty Publications

    The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) prepares and maintains the annual publication, 
Treaties in Force, an authoritative guide to the text and 
status of treaties and other international agreements currently 
in force for the United States. It also compiles and has 
published, in addition to the text referred to in 11 FAM 753.1, 
other volumes containing texts of treaties and other agreements 
as required or authorized by law. The ``Treaty Actions'' 
information on the Department of State Web site is compiled by 
that office.

753.3  Registration

    The Office of the Assistant Legal Adviser for Treaty 
Affairs (L/T) is responsible for registering U.S. treaties and 
international agreements:
          (1) Article 102 of the United Nations Charter 
        requires that every treaty and every international 
        agreement entered into by a member of the United 
        Nations be registered, as soon as possible, with the 
        Secretariat and published by it; and
          (2) Article 83 of the Chicago Convention on 
        International Civil Aviation of 1944 requires 
        registering aviation agreements with the Council of the 
        International Civil Aviation Organization.

753.4  United States as Depositary

    a. Inquiries from foreign diplomatic missions at 
Washington, DC and from U.S. diplomatic missions abroad with 
respect to the preparation or deposit of instruments relating 
to any multilateral agreement for which the United States is 
depositary are referred to the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T). Notify L/T immediately when 
any such document is received anywhere in the Department. As 
the depositary office, the Office of the Assistant Legal 
Adviser for Treaty Affairs (L/T) is required to ascertain 
whether those documents are properly executed before accepting 
them for deposit; to keep accurate records regarding them; and 
to inform other concerned governments of the order and date it 
received such documents.
    b. Before any arrangements are proposed or agreed to for 
the United States to serve as depositary for any international 
agreement, obtain the views of the Assistant Legal Adviser for 
Treaty Affairs (L/T).

753.5  Records and Correspondence Custody

    a. The Assistant Legal Adviser for Treaty Affairs compiles 
and maintains authoritative records regarding the negotiation, 
signature, transmission to the Senate, and ratification or 
approval, as well as the existence, status, and application, of 
all international agreements to which the United States is or 
may become a party. Inquiries on these subjects are addressed 
to, and outgoing communications cleared with, the Office of the 
Legal Adviser (L).
    b. To insure that the records regarding the matters 
described in this section are complete and up to date, it is 
important that all relevant papers be referred to the Office of 
the Legal Adviser (L).
    c. The Assistant Legal Adviser for Treaty Affairs is 
responsible for the custody of originals of bilateral 
agreements and certified copies of multilateral agreements 
pending entry into force and completion of manuscripts for 
publication. Following publication, such originals and 
certified copies are transferred to the National Archives. The 
Assistant Legal Adviser for Treaty (L/T) Affairs retains 
custody of signed originals of multilateral agreements for 
which the United States is depositary, together with relevant 
instruments of ratification, adherence, acceptance, or 
approval, as long as those agreements remain active.
            2. Vienna Convention on Diplomatic Relations \1\

   Done at Vienna April 18, 1961; Entered into force April 24, 1964; 
       Entered into force for the United States December 13, 1972

    The States Parties to the present Convention,
---------------------------------------------------------------------------
    \1\ 23 UST 3227; TIAS 7502.

    Recalling that peoples of all nations from ancient times 
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have recognized the status of diplomatic agents,

    Having in mind the purposes and principles of the Charter 
of the United Nations concerning the sovereign equality of 
States, the maintenance of international peace and security, 
and the promotion of friendly relations among nations,

    Believing that an international convention on diplomatic 
intercourse, privileges and immunities would contribute to the 
development of friendly relations among nations, irrespective 
of their differing constitutional and social systems,

    Realizing that the purpose of such privileges and 
immunities is not to benefit individuals but to ensure the 
efficient performance of the functions of diplomatic missions 
as representing States,

    Affirming that the rules of customary international law 
should continue to govern questions not expressly regulated by 
the provisions of the present Convention,

    Have agreed as follows:

                               Article 1

    For the purpose of the present Convention, the following 
expressions shall have the meanings hereunder assigned to them:
          (a) the ``head of the mission'' is the person charged 
        by the sending State with the duty of acting in that 
        capacity;
          (b) the ``members of the mission'' are the head of 
        the mission and the members of the staff of the 
        mission;
          (c) the ``members of the staff of the mission'' are 
        the members of the diplomatic staff, of the 
        administrative and technical staff and of the service 
        staff of the mission;
          (d) the ``members of the diplomatic staff'' are the 
        members of the staff of the mission having diplomatic 
        rank;
          (e) a ``diplomatic agent'' is the head of the mission 
        or a member of the diplomatic staff of the mission;
          (f) the ``members of the administrative and technical 
        staff'' are the members of the staff of the mission 
        employed in the administrative and technical service of 
        the mission;
          (g) the ``members of the service staff'' are the 
        members of the staff of the mission in the domestic 
        service of the mission;
          (h) a ``private servant'' is a person who is in the 
        domestic service of a member of the mission and who is 
        not an employee of the sending State;
          (i) the ``premises of the mission'' are the buildings 
        or parts of buildings and the land ancillary thereto, 
        irrespective of ownership, used for the purposes of the 
        mission including the residence of the head of the 
        mission.

                               Article 2

    The establishment of diplomatic relations between States, 
and of permanent diplomatic missions, takes place by mutual 
consent.

                               Article 3

    1. The functions of a diplomatic mission consist inter alia 
in:
          (a) representing the sending State in the receiving 
        State;
          (b) protecting in the receiving State the interests 
        of the sending State and of its nationals, within the 
        limits permitted by international law;
          (c) negotiating with the Government of the receiving 
        State;
          (d) ascertaining by all lawful means conditions and 
        developments in the receiving State, and reporting 
        thereon to the Government of the sending State;
          (e) promoting friendly relations between the sending 
        State and the receiving State, and developing their 
        economic, cultural and scientific relations.
    2. Nothing in the present Convention shall be construed as 
preventing the performance of consular functions by a 
diplomatic mission.

                               Article 4

    1. The sending State must make certain that the agrement of 
the receiving State has been given for the person it proposes 
to accredit as head of the mission to that State.
    2. The receiving State is not obliged to give reasons to 
the sending State for a refusal of agrment.

                               Article 5

    1. The sending State may, after it has given due 
notification to the receiving States concerned, accredit a head 
of mission or assign any member of the diplomatic staff, as the 
case may be, to more than one State, unless there is express 
objection by any of the receiving States.
    2. If the sending State accredits a head of mission to one 
or more other States it may establish a diplomatic mission 
headed by a charge d'affaires ad interim in each State where 
the head of mission has not his permanent seat.
    3. A head of mission or any member of the diplomatic staff 
of the mission may act as representative of the sending State 
to any international organization.

                               Article 6

    Two or more States may accredit the same person as head of 
mission to another State, unless objection is offered by the 
receiving State.

                               Article 7

    Subject to the provisions of Articles 5, 8, 9 and 11, the 
sending State may freely appoint the members of the staff of 
the mission. In the case of military, naval or air attaches, 
the receiving State may require their names to be submitted 
beforehand, for its approval.

                               Article 8

    1. Members of the diplomatic staff of the mission should in 
principle be of the nationality of the sending State.
    2. Members of the diplomatic staff of the mission may not 
be appointed from among persons having the nationality of the 
receiving State, except with the consent of that State which 
may be withdrawn at any time.
    3. The receiving State may reserve the same right with 
regard to nationals of a third State who are not also nationals 
of the sending State.

                               Article 9

    1. The receiving State may at any time and without having 
to explain its decision, notify the sending State that the head 
of the mission or any member of the diplomatic staff of the 
mission is persona non grata or that any other member of the 
staff of the mission is not acceptable. In any such case, the 
sending State shall, as appropriate, either recall the person 
concerned or terminate his functions with the mission. A person 
may be declared non grata or not acceptable before arriving in 
the territory of the receiving State.
    2. If the sending State refuses or fails within a 
reasonable period to carry out its obligations under paragraph 
1 of this Article, the receiving State may refuse to recognize 
the person concerned as a member of the mission.

                               Article 10

    1. The Ministry for Foreign Affairs of the receiving State, 
or such other ministry as may be agreed, shall be notified of:
          (a) the appointment of members of the mission, their 
        arrival and their final departure or the termination of 
        heir functions with the mission;
          (b) the arrival and final departure of a person 
        belonging to the family of a member of the mission and, 
        where appropriate, the fact that a person becomes or 
        ceases to be a member of the family of a member of the 
        mission;
          (c) the arrival and final departure of private 
        servants in the employ of persons referred to in sub-
        paragraph (a) of this paragraph and, where appropriate, 
        the fact that they are leaving the employ of such 
        persons;
          (d) the engagement and discharge of persons resident 
        in the receiving State as members of the mission or 
        private servants entitled to privileges and immunities.
    2. Where possible, prior notification of arrival and final 
departure shall also be given.

                               Article 11

    1. In the absence of specific agreement as to the size of 
the mission, the receiving State may require that the size of a 
mission be kept within limits considered by it to be reasonable 
and normal, having regard to circumstances and conditions in 
the receiving State and to the needs of the particular mission.
    2. The receiving State may equally, within similar bounds 
and on a nondiscriminatory basis, refuse to accept officials of 
a particular category.

                               Article 12

    The sending State may not, without the prior express 
consent of the receiving State, establish offices forming part 
of the mission in localities other than those in which the 
mission itself is established.

                               Article 13

    1. The head of the mission is considered as having taken up 
his functions in the receiving State either when he has 
presented his credentials or when he has notified his arrival 
and a true copy of his credentials has been presented to the 
Ministry for Foreign Affairs of the receiving State, or such 
other ministry as may be agreed, in accordance with the 
practice prevailing in the receiving State which shall be 
applied in a uniform manner.
    2. The order of presentation of credentials or of a true 
copy thereof will be determined by the date and time of the 
arrival of the head of the mission.

                               Article 14

    1. Heads of mission are divided into three classes, namely:
          (a) that of ambassadors or nuncios accredited to 
        Heads of State, and other heads of mission of 
        equivalent rank;
          (b) that of envoys, ministers and internuncios 
        accredited to Heads of State;
          (c) that of charges d'affaires accredited to 
        Ministers for Foreign Affairs.
    2. Except as concerns precedence and etiquette, there shall 
be no differentiation between heads of mission by reason of 
their class.

                               Article 15

    The class to which the heads of their missions are to be 
assigned shall be agreed between States.

                               Article 16

    1. Heads of mission shall take precedence in their 
respective classes in the order of the date and time of taking 
up their functions in accordance with Article 13.
    2. Alterations in the credentials of a head of mission not 
involving any change of class shall not affect his precedence.
    3. This article is without prejudice to any practice 
accepted by the receiving State regarding the precedence of the 
representative of the Holy See.

                               Article 17

    The precedence of the members of the diplomatic staff of 
the mission shall be notified by the head of the mission to the 
Ministry for Foreign Affairs or such other ministry as may be 
agreed.

                               Article 18

    The procedure to be observed in each State for the 
reception of heads of mission shall be uniform in respect of 
each class.

                               Article 19

    1. If the post of head of the mission is vacant, or if the 
head of the mission is unable to perform his functions, a 
charge d'affaires ad interim shall act provisionally as head of 
the mission. The name of the charge d'affaires ad interim shall 
be notified, either by the head of the mission or, in case he 
is unable to do so, by the Ministry for Foreign Affairs of the 
sending State to the Ministry for Foreign Affairs of the 
receiving State or such other ministry as may be agreed.
    2. In cases where no member of the diplomatic staff of the 
mission is present in the receiving State, a member of the 
administrative and technical staff may, with the consent of the 
receiving State, be designated by the sending State to be in 
charge of the current administrative affairs of the mission.

                               Article 20

    The mission and its head shall have the right to use the 
flag and emblem of the sending State on the premises of the 
mission, including the residence of the head of the mission, 
and on his means of transport.

                               Article 21

    1. The receiving State shall either facilitate the 
acquisition on its territory, in accordance with its laws, by 
the sending State of premises necessary for its mission or 
assist the latter in obtaining accommodation in some other way.
    2. It shall also, where necessary, assist missions in 
obtaining suitable accommodation for their members.

                               Article 22

    1. The premises of the mission shall be inviolable. The 
agents of the receiving State may not enter them, except with 
the consent of the head of the mission.
    2. The receiving State is under a special duty to take all 
appropriate steps to protect the premises of the mission 
against any intrusion or damage and to prevent any disturbance 
of the peace of the mission or impairment of its dignity.
    3. The premises of the mission, their furnishings and other 
property thereon and the means of transport of the mission 
shall be immune from search, requisition, attachment or 
execution.

                               Article 23

    1. The sending State and the head of the mission shall be 
exempt from all national, regional or municipal dues and taxes 
in respect of the premises of the mission, whether owned or 
leased, other than such as represent payment for specific 
services rendered.
    2. The exemption from taxation referred to in this Article 
shall not apply to such dues and taxes payable under the law of 
the receiving State by persons contracting with the sending 
State or the head of the mission.

                               Article 24

    The archives and documents of the mission shall be 
inviolable at any time and wherever they may be.

                               Article 25

    The receiving State shall accord full facilities for the 
performance of the functions of the mission.

                               Article 26

    Subject to its laws and regulations concerning zones entry 
into which is prohibited or regulated for reasons of national 
security, the receiving State shall ensure to all members of 
the mission freedom of movement and travel in its territory.

                               Article 27

    1. The receiving State shall permit and protect free 
communication on the part of the mission for all official 
purposes. In communicating with the Government and the other 
missions and consulates of the sending State, wherever 
situated, the mission may employ all appropriate means, 
including diplomatic couriers and messages in code or cipher. 
However, the mission may install and use a wireless transmitter 
only with the consent of the receiving State.
    2. The official correspondence of the mission shall be 
inviolable. Official correspondence means all correspondence 
relating to the mission and its functions.
    3. The diplomatic bag shall not be opened or detained.
    4. The packages constituting the diplomatic bag must bear 
visible external marks of their character and may contain only 
diplomatic documents or articles intended for official use.
    5. The diplomatic courier, who shall be provided with an 
official document indicating his status and the number of 
packages constituting the diplomatic bag, shall be protected by 
the receiving State in the performance of his functions. He 
shall enjoy personal inviolability and shall not be liable to 
any form of arrest or detention.
    6. The sending State or the mission may designate 
diplomatic couriers ad hoc. In such cases the provisions of 
paragraph 5 of this Article shall also apply, except that the 
immunities therein mentioned shall cease to apply when such a 
courier has delivered to the consignee the diplomatic bag in 
his charge.
    7. A diplomatic bag may be entrusted to the captain of a 
commercial aircraft scheduled to land at an authorized port of 
entry. He shall be provided with an official document 
indicating the number of packages constituting the bag but he 
shall not be considered to be a diplomatic courier. The mission 
may send one of its members to take possession of the 
diplomatic bag directly and freely from the captain of the 
aircraft.

                               Article 28

    The fees and charges levied by the mission in the course of 
its official duties shall be exempt from all dues and taxes.

                               Article 29

    The person of a diplomatic agent shall be inviolable. He 
shall not be liable to any form of arrest or detention. The 
receiving State shall treat him with due respect and shall take 
all appropriate steps to prevent any attack on his person, 
freedom or dignity.

                               Article 30

    1. The private residence of a diplomatic agent shall enjoy 
the same inviolability and protection as the premises of the 
mission.
    2. His papers, correspondence and, except as provided in 
paragraph 3 of Article 31, his property, shall likewise enjoy 
inviolability

                               Article 31

    1. A diplomatic agent shall enjoy immunity from the 
criminal jurisdiction of the receiving State. He shall also 
enjoy immunity from its civil and administrative jurisdiction, 
except in the case of:
          (a) a real action relating to private immovable 
        property situated in the territory of the receiving 
        State, unless he holds it on behalf of the sending 
        State for the purposes of the mission;
          (b) an action relating to succession in which the 
        diplomatic agent is involved as executor, 
        administrator, heir or legatee as a private person and 
        not on behalf of the sending State;
          (c) an action relating to any professional or 
        commercial activity exercised by the diplomatic agent 
        in the receiving State outside his official functions.
    2. A diplomatic agent is not obliged to give evidence as a 
witness.
    3. No measures of execution may be taken in respect of a 
diplomatic agent except in the cases coming under sub-
paragraphs (a), (b) and (c) of paragraph 1 of this Article, and 
provided that the measures concerned can be taken without 
infringing the inviolability of his person or of his residence.
    4. The immunity of a diplomatic agent from the jurisdiction 
of the receiving State does not exempt him from the 
jurisdiction of the sending State.

                               Article 32

    1. The immunity from jurisdiction of diplomatic agents and 
of persons enjoying immunity under Article 37 may be waived by 
the sending State.
    2. Waiver must always be express.
    3. The initiation of proceedings by a diplomatic agent or 
by a person enjoying immunity from jurisdiction under Article 
37 shall preclude him from invoking immunity from jurisdiction 
in respect of any counter-claim directly connected with the 
principal claim.
    4. Waiver of immunity from jurisdiction in respect of civil 
or administrative proceedings shall not be held to imply waiver 
of immunity in respect of the execution of the judgment, for 
which a separate waiver shall be necessary.

                               Article 33

    1. Subject to the provisions of paragraph 3 of this 
Article, a diplomatic agent shall with respect to services 
rendered for the sending State be exempt from social security 
provisions which may be in force in the receiving State.
    2. The exemption provided for in paragraph 1 of this 
Article shall also apply to private servants who are in the 
sole employ of a diplomatic agent, on condition:
          (a) that they are not nationals of or permanently 
        resident in the receiving State; and
          (b) that they are covered by the social security 
        provisions which may be in force in the sending State 
        or a third State.
    3. A diplomatic agent who employs persons to whom the 
exemption provided for in paragraph 2 of this Article does not 
apply shall observe the obligations which the social security 
provisions of the receiving State impose upon employers.
    4. The exemption provided for in paragraphs 1 and 2 of this 
Article shall not preclude voluntary participation in the 
social security system of the receiving State provided that 
such participation is permitted by that State.
    5. The provisions of this Article shall not affect 
bilateral or multilateral agreements concerning social security 
concluded previously and shall not prevent the conclusion of 
such agreements in the future.

                               Article 34

    A diplomatic agent shall be exempt from all dues and taxes, 
personal or real, national, regional or municipal, except:
          (a) indirect taxes of a kind which are normally 
        incorporated in the price of goods or services;
          (b) dues and taxes on private immovable property 
        situated in the territory of the receiving State, 
        unless he holds it on behalf of the sending State for 
        the purposes of the mission;
          (c) estate, succession or inheritance duties levied 
        by the receiving State, subject to the provisions of 
        paragraph 4 of Article 39;
          (d) dues and taxes on private income having its 
        source in the receiving State and capital taxes on 
        investments made in commercial undertakings in the 
        receiving State;
          (e) charges levied for specific services rendered;
          (f) registration, court or record fees, mortgage dues 
        and stamp duty, with respect to immovable property, 
        subject to the provisions of Article 23.

                               Article 35

    The receiving State shall exempt diplomatic agents from all 
personal services, from all public service of any kind 
whatsoever, and from military obligations such as those 
connected with requisitioning, military contributions and 
billeting.

                               Article 36

    1. The receiving State shall, in accordance with such laws 
and regulations as it may adopt, permit entry of and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services, 
on:
          (a) articles for the official use of the mission;
          (b) articles for the personal use of a diplomatic 
        agent or members of his family forming part of his 
        household, including articles intended for his 
        establishment.
    2. The personal baggage of a diplomatic agent shall be 
exempt from inspection, unless there are serious grounds for 
presuming that it contains articles not covered by the 
exemptions mentioned in paragraph 1 of this Article, or 
articles the import or export of which is prohibited by the law 
or controlled by the quarantine regulations of the receiving 
State. Such inspection shall be conducted only in the presence 
of the diplomatic agent or of his authorized representative.

                               Article 37

    1. The members of the family of a diplomatic agent forming 
part of his household shall, if they are not nationals of the 
receiving State, enjoy the privileges and immunities specified 
in Articles 29 to 36.
    2. Members of the administrative and technical staff of the 
mission, together with members of their families forming part 
of their respective households, shall, if they are not 
nationals of or permanently resident in the receiving State, 
enjoy the privileges and immunities specified in Articles 29 to 
35, except that the immunity from civil and administrative 
jurisdiction of the receiving State specified in paragraph 1 of 
Article 31 shall not extend to acts performed outside the 
course of their duties. They shall also enjoy the privileges 
specified in Article 36, paragraph 1, in respect of articles 
imported at the time of first installation.
    3. Members of the service staff of the mission who are not 
nationals of or permanently resident in the receiving State 
shall enjoy immunity in respect of acts performed in the course 
of their duties, exemption from dues and taxes on the 
emoluments they receive by reason of their employment and the 
exemption contained in Article 33.
    4. Private servants of members of the mission shall, if 
they are not nationals of or permanently resident in the 
receiving State, be exempt from dues and taxes on the 
emoluments they receive by reason of their employment. In other 
respects, they may enjoy privileges and immunities only to the 
extent admitted by the receiving State. However, the receiving 
State must exercise its jurisdiction over those persons in such 
a manner as not to interfere unduly with the performance of the 
functions of the mission.

                               Article 38

    1. Except insofar as additional privileges and immunities 
may be granted by the receiving State, a diplomatic agent who 
is a national of or permanently resident in that State shall 
enjoy only immunity from jurisdiction, and inviolability, in 
respect of official acts performed in the exercise of his 
functions.
    2. Other members of the staff of the mission and private 
servants who are nationals of or permanently resident in the 
receiving State shall enjoy privileges and immunities only to 
the extent admitted by the receiving State. However, the 
receiving State must exercise its jurisdiction over those 
persons in such a manner as not to interfere unduly with the 
performance of the functions of the mission.

                               Article 39

    1. Every person entitled to privileges and immunities shall 
enjoy them from the moment he enters the territory of the 
receiving State on proceeding to take up his post or, if 
already in its territory, from the moment when his appointment 
is notified to the Ministry for Foreign Affairs or such other 
ministry as may be agreed.
    2. When the functions of a person enjoying privileges and 
immunities have come to an end, such privileges and immunities 
shall normally cease at the moment when he leaves the country, 
or on expiry of a reasonable period in which to do so, but 
shall subsist until that time, even in case of armed conflict. 
However, with respect to acts performed by such a person in the 
exercise of his functions as a member of the mission, immunity 
shall continue to subsist.
    3. In case of the death of a member of the mission, the 
members of his family shall continue to enjoy the privileges 
and immunities to which they are entitled until the expiry of a 
reasonable period in which to leave the country.
    4. In the event of the death of a member of the mission not 
a national of or permanently resident in the receiving State or 
a member of his family forming part of his household, the 
receiving State shall permit the withdrawal of the movable 
property of the deceased, with the exception of any property 
acquired in the country the export of which was prohibited at 
the time of his death. Estate, succession and inheritance 
duties shall not be levied on movable property the presence of 
which in the receiving State was due solely to the presence 
there of the deceased as a member of the mission or as a member 
of the family of a member of the mission.

                               Article 40

    1. If a diplomatic agent passes through or is in the 
territory of a third State, which has granted him a passport 
visa if such visa was necessary, while proceeding to take up or 
to return to his post, or when returning to his own country, 
the third State shall accord him inviolability and such other 
immunities as may be required to ensure his transit or return. 
The same shall apply in the case of any members of his family 
enjoying privileges or immunities who are accompanying the 
diplomatic agent, or travelling separately to join him or to 
return to their country.
    2. In circumstances similar to those specified in paragraph 
1 of this Article, third States shall not hinder the passage of 
members of the administrative and technical or service staff of 
a mission, and of members of their families, through their 
territories.
    3. Third States shall accord to official correspondence and 
other official communications in transit, including messages in 
code or cipher, the same freedom and protection as is accorded 
by the receiving State. They shall accord to diplomatic 
couriers, who have been granted a passport visa if such visa 
was necessary, and diplomatic bags in transit the same 
inviolability and protection as the receiving State is bound to 
accord.
    4. The obligations of third States under paragraphs 1, 2 
and 3 of this Article shall also apply to the persons mentioned 
respectively in those paragraphs, and to official 
communications and diplomatic bags, whose presence in the 
territory of the third State is due to force majeure.

                               Article 41

    1. Without prejudice to their privileges and immunities, it 
is the duty of all persons enjoying such privileges and 
immunities to respect the laws and regulations of the receiving 
State. They also have a duty not to interfere in the internal 
affairs of that State.
    2. All official business with the receiving State entrusted 
to the mission by the sending State shall be conducted with or 
through the Ministry for Foreign Affairs of the receiving State 
or such other ministry as may be agreed.
    3. The premises of the mission must not be used in any 
manner incompatible with the functions of the mission as laid 
down in the present Convention or by other rules of general 
international law or by any special agreements in force between 
the sending and the receiving State.

                               Article 42

    A diplomatic agent shall not in the receiving State 
practice for personal profit any professional or commercial 
activity.

                               Article 43

    The function of a diplomatic agent comes to an end, inter 
alia:
          (a) on notification by the sending State to the 
        receiving State that the function of the diplomatic 
        agent has come to an end;
          (b) on notification by the receiving State to the 
        sending State that, in accordance with paragraph 2 of 
        Article 9, it refuses to recognize the diplomatic agent 
        as a member of the mission.

                               Article 44

    The receiving State must, even in case of armed conflict, 
grant facilities in order to enable persons enjoying privileges 
and immunities, other than nationals of the receiving State, 
and members of the families of such persons irrespective of 
their nationality, to leave at the earliest possible moment. It 
must, in particular, in case of need, place at their disposal 
the necessary means of transport for themselves and their 
property.

                               Article 45

    If diplomatic relations are broken off between two States, 
or if a mission is permanently or temporarily recalled:
          (a) the receiving State must, even in case of armed 
        conflict, respect and protect the premises of the 
        mission, together with its property and archives;
          (b) the sending State may entrust the custody of the 
        premises of the mission, together with its property and 
        archives, to a third State acceptable to the receiving 
        State;
          (c) the sending State may entrust the protection of 
        its interests and those of its nationals to a third 
        State acceptable to the receiving State.

                               Article 46

    A sending State may with the prior consent of a receiving 
State, and at the request of a third State not represented in 
the receiving State, undertake the temporary protection of the 
interests of the third State and of its nationals.

                               Article 47

    1. In the application of the provisions of the present 
Convention, the receiving State shall not discriminate as 
between States.
    2. However, discrimination shall not be regarded as taking 
place:
           (a) where the receiving State applies any of the 
        provisions of the present Convention restrictively 
        because of a restrictive application of that provision 
        to its mission in the sending State;
           (b) where by custom or agreement States extend to 
        each other more favourable treatment than is required 
        by the provisions of the present Convention.

                               Article 48

    The present Convention shall be open for signature by all 
States Members of the United Nations or of any of the 
specialized agencies or Parties to the Statute of the 
International Court of Justice, and by any other State invited 
by the General Assembly of the United Nations to become a Party 
to the Convention, as follows: until 31 October 1961 at the 
Federal Ministry for Foreign Affairs of Austria and 
subsequently, until 31 March 1962, at the United Nations 
Headquarters in New York.

                               Article 49

    The present Convention is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article 50

    The present Convention shall remain open for accession by 
any State belonging to any of the four categories mentioned in 
Article 48. The instruments of accession shall be deposited 
with the Secretary-General of the United Nations.

                               Article 51

    1. The present Convention shall enter into force on the 
thirtieth day following the date of deposit of the twenty-
second instrument of ratification or accession with the 
Secretary-General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 52

    The Secretary-General of the United Nations shall inform 
all States belonging to any of the four categories mentioned in 
Article 48:
          (a) of signatures to the present Convention and of 
        the deposit of instruments of ratification or 
        accession, in accordance with Articles 48, 49 and 50;
          (b) of the date on which the present Convention will 
        enter into force, in accordance with Article 51.

                               Article 53

    The original of the present Convention, of which the 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States belonging to any of the four categories mentioned in 
Article 48.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Convention.

    Done at Vienna, this eighteenth day of April one thousand 
nine hundred and sixty-one.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
                 Concerning Acquisition of Nationality

                    Done at Vienna, April 18, 1961.

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,
    Expressing their wish to establish rules between them 
concerning acquisition of nationality by the members of their 
diplomatic missions and of the families forming part of the 
household of those members,
    Have agreed as follows:

                               Article I

    For the purpose of the present Protocol, the expression 
``members of the mission'' shall have the meaning assigned to 
it in Article 1, sub-paragraph (b), of the Convention, namely 
``the head of the mission and the members of the staff of the 
mission''.

                               Article II

    Members of the mission not being nationals of the receiving 
State, and members of their families forming part of their 
household, shall not, solely by the operation of the law of the 
receiving State, acquire the nationality of that State.

                              Article III

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1961 at the Federal Ministry for Foreign 
Affairs of Austria and subsequently, until 31 March 1962, at 
the United Nations Headquarters in New York.

                               Article IV

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article V

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article VI

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                              Article VII

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles III, IV and V;
          (b) of the date on which the present Protocol will 
        enter into force, in accordance with Article VI.

                              Article VIII

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article III.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.

    Done at Vienna, this eighteenth day of April one thousand 
nine hundred and sixty-one.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
          Concerning the Compulsory Settlement of Disputes \2\

  Done at Vienna, April 18, 1961; Entered into force April 24, 1964; 
       Entered into force for the United States December 13, 1972

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,
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    Expressing their wish to resort in all matters concerning 
them in respect of any dispute arising out of the 
interpretation or application of the Convention to the 
compulsory jurisdiction of the International Court of Justice, 
unless some other form of settlement has been agreed upon by 
the parties within a reasonable period,
    Have agreed as follows:

                               Article I

    Disputes arising out of the interpretation or application 
of the Convention shall lie within the compulsory jurisdiction 
of the International Court of Justice and may accordingly be 
brought before the Court by an application made by any party to 
the dispute being a Party to the present Protocol.

                               Article II

    The parties may agree, within a period of two months after 
one party has notified its opinion to the other that a dispute 
exists, to resort not to the International Court of Justice but 
to an arbitral tribunal. After the expiry of the said period, 
either party may bring the dispute before the Court by an 
application.

                              Article III

    1. Within the same period of two months, the parties may 
agree to adopt a conciliation procedure before resorting to the 
International Court of Justice.
    2. The conciliation commission shall make its 
recommendations within five months after its appointment. If 
its recommendations are not accepted by the parties to the 
dispute within two months after they have been delivered, 
either party may bring the dispute before the Court by an 
application.

                               Article IV

    States Parties to the Convention, to the Optional Protocol 
concerning Acquisition of Nationality, and to the present 
Protocol may at any time declare that they will extend the 
provisions of the present Protocol to disputes arising out of 
the interpretation or application of the Optional Protocol 
concerning Acquisition of Nationality. Such declarations shall 
be notified to the Secretary-General of the United Nations.

                               Article V

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1961 at the Federal Ministry for Foreign 
Affairs of Austria and subsequently, until 31 March 1962, at 
the United Nations Headquarters in New York.

                               Article VI

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                              Article VII

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                              Article VIII

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever day is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article IX

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles V, VI and VII;
          (b) of declarations made in accordance with Article 
        IV of the present Protocol;
          (c) of the date on which the present Protocol will 
        enter into force, in accordance with Article VIII.

                               Article X

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article V.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.
 3. Vienna Convention on Consular Relations and Optional Protocols \1\

   Done at Vienna April 24, 1963; Entered into force March 19, 1967; 
       Entered into force for the United States December 24, 1969

    The States Parties to the present Convention,
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    Recalling that consular relations have been established 
between peoples since ancient times,
    Having in mind the Purposes and Principles of the Charter 
of the United Nation concerning the sovereign equality of 
States, the maintenance of international peace and security, 
and the promotion of friendly relations among nations,
    Considering that the United Nations Conference on 
Diplomatic Intercourse and Immunities adopted the Vienna 
Convention on Diplomatic Relations which was opened for 
signature on 18 April 1961,
    Believing that an international convention on consular 
relations, privileges and immunities would also contribute to 
the development of friendly relations among nations, 
irrespective of their differing constitutional and social 
systems,
    Realizing that the purpose of such privileges and 
immunities is not to benefit individuals but to ensure the 
efficient performance of functions by consular posts on behalf 
of their respective States,
    Affirming that the rules of customary international law 
continue to govern matters not expressly regulated by the 
provisions of the present Convention,
    Have agreed as follows:

                               Article 1

                              Definitions

    1. For the purposes of the present Convention, the 
following expressions shall have the meanings hereunder 
assigned to them:
          (a) ``consular post'' means any consulate-general, 
        consulate, vice-consulate or consular agency;
          (b) ``consular district'' means the area assigned to 
        a consular post for the exercise of consular functions;
          (c) ``head of consular post'' means the person 
        charged with the duty of acting in that capacity;
          (d) ``consular officer'' means any person, including 
        the head of a consular post, entrusted in that capacity 
        with the exercise of consular functions;
          (e) ``consular employee'' means any person employed 
        in the administrative or technical service of a 
        consular post;
          (f) ``member of the service staff'' means any person 
        employed in the domestic service of a consular post;
          (g) ``members of the consular post'' means consular 
        officers, consular employees and members of the service 
        staff;
          (h) ``members of the consular staff'' means consular 
        officers, other than the head of a consular post, 
        consular employees and members of the service staff;
          (i) ``member of the private staff'' means a person 
        who is employed exclusively in the private service of a 
        member of the consular post;
          (j) ``consular premises'' means the buildings or 
        parts of buildings and the land ancillary thereto, 
        irrespective of ownership, used exclusively for the 
        purposes of the consular post;
          (k) ``consular archives'' includes all the papers, 
        documents, correspondence, books, films, tapes and 
        registers of the consular post, together with the 
        ciphers and codes, the card-indexes and any article of 
        furniture intended for their protection or safekeeping.
    2. Consular officers are of two categories, namely career 
consular officers and honorary consular officers. The 
provisions of Chapter II of the present Convention apply to 
consular posts headed by career consular officers; the 
provisions of Chapter III govern consular posts headed by 
honorary consular officers.
    3. The particular status of members of the consular posts 
who are nationals or permanent residents of the receiving State 
is governed by Article 71 of the present Convention.

                               Chapter I

                     Consular Relations in General

                               section i

            establishment and conduct of consular relations

                               Article 2

                  Establishment of consular relations

    1. The establishment of consular relations between States 
takes place by mutual consent.
    2. The consent given to the establishment of diplomatic 
relations between two States implies, unless otherwise stated, 
consent to the establishment of consular relations.
    3. The severance of diplomatic relations shall not ipso 
facto involve the severance of consular relations.

                               Article 3

                     Exercise of consular functions

    Consular functions are exercised by consular posts. They 
are also exercised by diplomatic missions in accordance with 
the provisions of the present Convention.

                               Article 4

                    Establishment of a consular post

    1. A consular post may be established in the territory of 
the receiving State only with that State's consent.
    2. The seat of the consular post, its classification and 
the consular district shall be established by the sending State 
and shall be subject to the approval of the receiving State.
    3. Subsequent changes in the seat of the consular post, its 
classification or the consular district may be made by the 
sending State only with the consent of the receiving State.
    4. The consent of the receiving State shall also be 
required if a consulate-general or a consulate desires to open 
a vice-consulate or a consular agency in a locality other than 
that in which it is itself established.
    5. The prior express consent of the receiving State shall 
also be required for the opening of an office forming part of 
an existing consular post elsewhere than at the seat thereof.

                               Article 5

                           Consular functions

    Consular functions consist in:
          (a) protecting in the receiving State the interests 
        of the sending State and of its nationals, both 
        individuals and bodies corporate, within the limits 
        permitted by international law;
          (b) furthering the development of commercial, 
        economic, cultural and scientific relations between the 
        sending State and the receiving State and otherwise 
        promoting friendly relations between them in accordance 
        with the provisions of the present Convention;
          (c) ascertaining by all lawful means conditions and 
        developments in the commercial, economic, cultural and 
        scientific life of the receiving State, reporting 
        thereon to the Government of the sending State and 
        giving information to persons interested;
          (d) issuing passports and travel documents to 
        nationals of the sending State, and visas or 
        appropriate documents to persons wishing to travel to 
        the sending State;
          (e) helping and assisting nationals, both individuals 
        and bodies corporate, of the sending State;
          (f) acting as notary and civil registrar and in 
        capacities of a similar kind, and performing certain 
        functions of an administrative nature, provided that 
        there is nothing contrary thereto in the laws and 
        regulations of the receiving State;
          (g) safeguarding the interests of nationals, both 
        individuals and bodies corporate, of the sending State 
        in cases of succession mortis causa in the territory of 
        the receiving State, in accordance with the laws and 
        regulations of the receiving State;
          (h) safeguarding, within the limits imposed by the 
        laws and regulations of the receiving State, the 
        interests of minors and other persons lacking full 
        capacity who are nationals of the sending State, 
        particularly where any guardianship or trusteeship is 
        required with respect to such persons;
          (i) subject to the practices and procedures obtaining 
        in the receiving State, representing or arranging 
        appropriate representation for nationals of the sending 
        State before the tribunals and other authorities of the 
        receiving State, for the purpose of obtaining, in 
        accordance with the laws and regulations of the 
        receiving State, provisional measures for the 
        preservation of the rights and interests of these 
        nationals, where, because of absence or any other 
        reason, such nationals are unable at the proper time to 
        assume the defence of their rights and interests;
          (j) transmitting judicial and extrajudicial documents 
        or executing letters rogatory or commissions to take 
        evidence for the courts of the sending State in 
        accordance with international agreements in force or, 
        in the absence of such international agreements, in any 
        other manner compatible with the laws and regulations 
        of the receiving State;
          (k) exercising rights of supervision and inspection 
        provided for in the laws and regulations of the sending 
        State in respect of vessels having the nationality of 
        the sending State, and of aircraft registered in that 
        State, and in respect of their crews;
          (l) extending assistance to vessels and aircraft 
        mentioned in sub-paragraph (k) of this Article and to 
        their crews, taking statements regarding the voyage of 
        a vessel, examining and stamping the ship's papers, 
        and, without prejudice to the powers of the authorities 
        of the receiving State, conducting investigations into 
        any incidents which occurred during the voyage, and 
        settling disputes of any kind between the master, the 
        officers and the seamen in so far as this may be 
        authorized by the laws and regulations of the sending 
        State;
          (m) performing any other functions entrusted to a 
        consular post by the sending State which are not 
        prohibited by the laws and regulations of the receiving 
        State or to which no objection is taken by the 
        receiving State or which are referred to in the 
        international agreements in force between the sending 
        State and the receiving State.

                               Article 6

      Exercise of consular functions outside the consular district

    A consular officer may, in special circumstances, with the 
consent of the receiving State, exercise his functions outside 
his consular district.

                               Article 7

            Exercise of consular functions in a third state

    The sending State may, after notifying the States 
concerned, entrust a consular post established in a particular 
State with the exercise of consular functions in another State, 
unless there is express objection by one of the States 
concerned.

                               Article 8

       Exercise of consular functions on behalf of a third state

    Upon appropriate notification to the receiving State, a 
consular post of the sending State may, unless the receiving 
State objects, exercise consular functions in the receiving 
State on behalf of a third State.

                               Article 9

                   Classes of heads of consular posts

    1. Heads of consular posts are divided into four classes, 
namely:
          (a) consuls-general;
          (b) consuls;
          (c) vice-consuls;
          (d) consular agents.
    2. Paragraph 1 of this Article in no way restricts the 
right of any of the Contracting Parties to fix the designation 
of consular officers other than the heads of consular posts.

                               Article 10

          Appointment and admission of heads of consular posts

    1. Heads of consular posts are appointed by the sending 
State and are admitted to the exercise of their functions by 
the receiving State.
    2. Subject to the provisions of the present Convention, the 
formalities for the appointment and for the admission of the 
head of a consular post are determined by the laws, regulations 
and usages of the sending State and of the receiving State 
respectively.

                               Article 11

         The consular commission or notification of appointment

    1. The head of a consular post shall be provided by the 
sending State with a document, in the form of a commission or 
similar instrument, made out for each appointment, certifying 
his capacity and showing, as a general rule, his full name, his 
category and class, the consular district and the seat of the 
consular post.
    2. The sending State shall transmit the commission or 
similar instrument through the diplomatic or other appropriate 
channel to the Government of the State in whose territory the 
head of a consular post is to exercise his functions.
    3. If the receiving State agrees, the sending State may, 
instead of a commission or similar instrument, send to the 
receiving State a notification containing the particulars 
required by paragraph 1 of this Article.

                               Article 12

                             The exequatur

    1. The head of a consular post is admitted to the exercise 
of his functions by an authorization from the receiving State 
termed an exequatur, whatever the form of this authorization.
    2. A State which refuses to grant an exequatur is not 
obliged to give to the sending State reasons for such refusal.
    3. Subject to the provisions of Articles 13 and 15, the 
head of a consular post shall not enter upon his duties until 
he has received an exequatur.

                               Article 13

            Provisional admission of heads of consular posts

    Pending delivery of the exequatur, the head of a consular 
post may be admitted on a provisional basis to the exercise of 
his functions. In that case, the provisions of the present 
Convention shall apply.

                               Article 14

        Notification to the authorities of the consular district

    As soon as the head of a consular post is admitted even 
provisionally to the exercise of his functions, the receiving 
State shall immediately notify the competent authorities of the 
consular district. It shall also ensure that the necessary 
measures are taken to enable the head of a consular post to 
carry out the duties of his office and to have the benefit of 
the provisions of the present Convention.

                               Article 15

   Temporary exercise of the functions of the head of a consular post

    1. If the head of a consular post is unable to carry out 
his functions or the position of head of consular post is 
vacant, an acting head of post may act provisionally as head of 
the consular post.
    2. The full name of the acting head of post shall be 
notified either by the diplomatic mission of the sending State 
or, if that State has no such mission in the receiving State, 
by the head of the consular post, or, if he is unable to do so, 
by any competent authority of the sending State, to the 
Ministry for Foreign Affairs of the receiving State or to the 
authority designated by that Ministry. As a general rule, this 
notification shall be given in advance. The receiving State may 
make the admission as acting head of post of a person who is 
neither a diplomatic agent nor a consular officer of the 
sending State in the receiving State conditional on its 
consent.
    3. The competent authorities of the receiving State shall 
afford assistance and protection to the acting head of post. 
While he is in charge of the post, the provisions of the 
present Convention shall apply to him on the same basis as to 
the head of the consular post concerned. The receiving State 
shall not, however, be obliged to grant to an acting head of 
post any facility, privilege or immunity which the head of the 
consular post enjoys only subject to conditions not fulfilled 
by the acting head of post.
    4. When, in the circumstances referred to in paragraph 1 of 
this Article, a member of the diplomatic staff of the 
diplomatic mission of the sending State in the receiving State 
is designated by the sending State as an acting head of post, 
he shall, if the receiving State does not object thereto, 
continue to enjoy diplomatic privileges and immunities.

                               Article 16

             Precedence as between heads of consular posts

    1. Heads of consular posts shall rank in each class 
according to the date of the grant of the exequatur.
    2. If, however, the head of a consular post before 
obtaining the exequatur is admitted to the exercise of his 
functions provisionally, his precedence shall be determined 
according to the date of the provisional admission; this 
precedence shall be maintained after the granting of the 
exequatur.
    3. The order of precedence as between two or more heads of 
consular posts who obtained the exequatur or provisional 
admission on the same date shall be determined according to the 
dates on which their commissions or similar instruments or the 
notifications referred to in paragraph 3 of Article 11 were 
presented to the receiving State.
    4. Acting heads of posts shall rank after all heads of 
consular posts and, as between themselves, they shall rank 
according to the dates on which they assumed their functions as 
acting heads of posts as indicated in the notifications given 
under paragraph 2 of Article 15.
    5. Honorary consular officers who are heads of consular 
posts shall rank in each class after career heads of consular 
posts, in the order and according to the rules laid down in the 
foregoing paragraphs.
    6. Heads of consular posts shall have precedence over 
consular officers not having that status.

                               Article 17

          Performance of diplomatic acts by consular officers

    1. In a State where the sending State has no diplomatic 
mission and is not represented by a diplomatic mission of a 
third State, a consular officer may, with the consent of the 
receiving State, and without affecting his consular status, be 
authorized to perform diplomatic acts. The performance of such 
acts by a consular officer shall not confer upon him any right 
to claim diplomatic privileges and immunities.
    2. A consular officer may, after notification addressed to 
the receiving State, act as representative of the sending State 
to any inter-governmental organization. When so acting, he 
shall be entitled to enjoy any privileges and immunities 
accorded to such a representative by customary international 
law or by international agreements; however, in respect of the 
performance by him of any consular function, he shall not be 
entitled to any greater immunity from jurisdiction than that to 
which a consular officer is entitled under the present 
Convention.

                               Article 18

  Appointment of the same person by two or more states as a consular 
                                officer

    Two or more States may, with the consent of the receiving 
State, appoint the same person as a consular officer in that 
State.

                               Article 19

                Appointment of members of consular staff

    1. Subject to the provisions of Articles 20, 22 and 23, the 
sending State may freely appoint the members of the consular 
staff.
    2. The full name, category and class of all consular 
officers, other than the head of a consular post, shall be 
notified by the sending State to the receiving State in 
sufficient time for the receiving State, if it so wishes, to 
exercise its rights under paragraph 3 of Article 23.
    3. The sending State may, if required by its laws and 
regulations, request the receiving State to grant an exequatur 
to a consular officer other than the head of a consular post.
    4. The receiving State may, if required by its laws and 
regulations, grant an exequatur to a consular officer other 
than the head of a consular post.

                               Article 20

                       Size of the consular staff

    In the absence of an express agreement as to the size of 
the consular staff, the receiving State may require that the 
size of the staff be kept within limits considered by it to be 
reasonable and normal, having regard to circumstances and 
conditions in the consular district and to the needs of the 
particular post.

                               Article 21

       Precedence as between consular officers of a consular post

    The order of precedence as between the consular officers of 
a consular post and any change thereof shall be notified by the 
diplomatic mission of the sending State or, if that State has 
no such mission in the receiving State, by the head of the 
consular post, to the Ministry for Foreign Affairs of the 
receiving State or to the authority designated by that 
Ministry.

                               Article 22

                    Nationality of consular officers

    1. Consular officers should, in principle, have the 
nationality of the sending State.
    2. Consular officers may not be appointed from among 
persons having the nationality of the receiving State except 
with the express consent of that State which may be withdrawn 
at any time.
    3. The receiving State may reserve the same right with 
regard to nationals of a third State who are not also nationals 
of the sending State.

                               Article 23

                     Persons declared ``non grata''

    1. The receiving State may at any time notify the sending 
State that a consular officer is persona non grata or that any 
other member of the consular staff is not acceptable. In that 
event, the sending State shall, as the case may be, either 
recall the person concerned or terminate his functions with the 
consular post.
    2. If the sending State refuses or fails within a 
reasonable time to carry out its obligations under paragraph 1 
of this Article, the receiving State may, as the case may be, 
either withdraw the exequatur from the person concerned or 
cease to consider him as a member of the consular staff.
    3. A person appointed as a member of a consular post may be 
declared unacceptable before arriving in the territory of the 
receiving State or, if already in the receiving State, before 
entering on his duties with the consular post. In any such 
case, the sending State shall withdraw his appointment.
    4. In the cases mentioned in paragraphs 1 and 3 of this 
Article, the receiving State is not obliged to give to the 
sending State reasons for its decision.

                               Article 24

   Notification of the receiving state of appointments, arrivals and 
                               departures

    1. The Ministry for Foreign Affairs of the receiving State 
or the authority designated by that Ministry shall be notified 
of:
          (a) the appointment of members of a consular post, 
        their arrival after appointment to the consular post, 
        their final departure or the termination of their 
        functions and any other changes affecting their status 
        that may occur in the course of their service with the 
        consular post;
          (b) the arrival and final departure of a person 
        belonging to the family of a member of a consular post 
        forming part of his household and, where appropriate, 
        the fact that a person becomes or ceases to be such a 
        member of the family;
          (c) the arrival and final departure of members of the 
        private staff and, where appropriate, the termination 
        of their service as such;
          (d) the engagement and discharge of persons resident 
        in the receiving State as members of a consular post or 
        as members of the private staff entitled to privileges 
        and immunities.
    2. When possible, prior notification of arrival and final 
departure shall also be given.

                               section ii

                       end of consular functions

                               Article 25

      Termination of the functions of a member of a consular post

    The functions of a member of a consular post shall come to 
an end inter alia:
          (a) on notification by the sending State to the 
        receiving State that his functions have come to an end;
          (b) on withdrawal of the exequatur;
          (c) on notification by the receiving State to the 
        sending State that the receiving State has ceased to 
        consider him as a member of the consular staff.

                               Article 26

          Departure from the territory of the receiving state

    The receiving State shall, even in case of armed conflict, 
grant to members of the consular post and members of the 
private staff, other than nationals of the receiving State, and 
to members of their families forming part of their households 
irrespective of nationality, the necessary time and facilities 
to enable them to prepare their departure and to leave at the 
earliest possible moment after the termination of the functions 
of the members concerned. In particular, it shall, in case of 
need, place at their disposal the necessary means of transport 
for themselves and their property other than property acquired 
in the receiving State the export of which is prohibited at the 
time of departure.

                               Article 27

 Protection of consular premises and archives and of the interests of 
             the sending state in exceptional circumstances

    1. In the event of the severance of consular relations 
between two States:
          (a) the receiving State shall, even in case of armed 
        conflict, respect and protect the consular premises, 
        together with the property of the consular post and the 
        consular archives;
          (b) the sending State may entrust the custody of the 
        consular premises, together with the property contained 
        therein and the consular archives, to a third State 
        acceptable to the receiving State;
          (c) the sending State may entrust the protection of 
        its interests and those of its nationals to a third 
        State acceptable to the receiving State.
    2. In the event of the temporary or permanent closure of a 
consular post, the provisions of sub-paragraph (a) of paragraph 
1 of this Article shall apply. In addition,
          (a) if the sending State, although not represented in 
        the receiving State by a diplomatic mission, has 
        another consular post in the territory of that State, 
        that consular post may be entrusted with the custody of 
        the premises of the consular post which has been 
        closed, together with the property contained therein 
        and the consular archives, and, with the consent of the 
        receiving State, with the exercise of consular 
        functions in the district of that consular post; or
          (b) if the sending State has no diplomatic mission 
        and no other consular post in the receiving State, the 
        provisions of sub-paragraphs (b) and (c) of paragraph 1 
        of this Article shall apply.

                               Chapter II

   Facilities, Privileges and Immunities Relating to Consular Posts, 
     Career Consular Officers and Other Members of a Consular Post

                               section i

   facilities, privileges and immunities relating to a consular post

                               Article 28

              Facilities for the work of the consular post

    The receiving State shall accord full facilities for the 
performance of the functions of the consular post.

                               Article 29

                 Use of national flag and coat-of-arms

    1. The sending State shall have the right to the use of its 
national flag and coat-of-arms in the receiving State in 
accordance with the provisions of this Article.
    2. The national flag of the sending State may be flown and 
its coat-of-arms displayed on the building occupied by the 
consular post and at the entrance door thereof, on the 
residence of the head of the consular post and on his means of 
transport when used on official business.
    3. In the exercise of the right accorded by this Article 
regard shall be had to the laws, regulations and usages of the 
receiving State.

                               Article 30

                             Accommodation

    1. The receiving State shall either facilitate the 
acquisition on its territory, in accordance with its laws and 
regulations, by the sending State of premises necessary for its 
consular post or assist the latter in obtaining accommodation 
in some other way.
    2. It shall also, where necessary, assist the consular post 
in obtaining suitable accommodation for its members.

                               Article 31

                 Inviolability of the consular premises

    1. Consular premises shall be inviolable to the extent 
provided in this Article.
    2. The authorities of the receiving State shall not enter 
that part of the consular premises which is used exclusively 
for the purpose of the work of the consular post except with 
the consent of the head of the consular post or of his designee 
or of the head of the diplomatic mission of the sending State. 
The consent of the head of the consular post may, however, be 
assumed in case of fire or other disaster requiring prompt 
protective action.
    3. Subject to the provisions of paragraph 2 of this 
Article, the receiving State is under a special duty to take 
all appropriate steps to protect the consular premises against 
any intrusion or damage and to prevent any disturbance of the 
peace of the consular post or impairment of its dignity.
    4. The consular premises, their furnishings, the property 
of the consular post and its means of transport shall be immune 
from any form of requisition for purposes of national defence 
or public utility. If expropriation is necessary for such 
purposes, all possible steps shall be taken to avoid impeding 
the performance of consular functions, and prompt, adequate and 
effective compensation shall be paid to the sending State.

                               Article 32

              Exemption from taxation of consular premises

    1. Consular premises and the residence of the career head 
of consular post of which the sending State or any person 
acting on its behalf is the owner or lessee shall be exempt 
from all national, regional or municipal dues and taxes 
whatsoever, other than such as represent payment for specific 
services rendered.
    2. The exemption from taxation referred to in paragraph 1 
of this Article shall not apply to such dues and taxes if, 
under the law of the receiving State, they are payable by the 
person who contracted with the sending State or with the person 
acting on its behalf.

                               Article 33

          Inviolability of the consular archives and documents

    The consular archives and documents shall be inviolable at 
all times and wherever they may be.

                               Article 34

                          Freedom of movement

    Subject to its laws and regulations concerning zones entry 
into which is prohibited or regulated for reasons of national 
security, the receiving State shall ensure freedom of movement 
and travel in its territory to all members of the consular 
post.

                               Article 35

                       Freedom of communications

    1. The receiving State shall permit and protect freedom of 
communication on the part of the consular post for all official 
purposes. In communicating with the Government, the diplomatic 
missions and other consular posts, wherever situated, of the 
sending State, the consular post may employ all appropriate 
means, including diplomatic or consular couriers, diplomatic or 
consular bags and messages in code or cipher. However, the 
consular post may install and use a wireless transmitter only 
with the consent of the receiving State.
    2. The official correspondence of the consular post shall 
be inviolable. Official correspondence means all correspondence 
relating to the consular post and its functions.
    3. The consular bag shall be neither opened nor detained. 
Nevertheless, if the competent authorities of the receiving 
State have serious reason to believe that the bag contains 
something other than the correspondence, documents or articles 
referred to in paragraph 4 of this Article, they may request 
that the bag be opened in their presence by an authorized 
representative of the sending State. If this request is refused 
by the authorities of the sending State, the bag shall be 
returned to its place of origin.
    4. The packages constituting the consular bag shall bear 
visible external marks of their character and may contain only 
official correspondence and documents or articles intended 
exclusively for official use.
    5. The consular courier shall be provided with an official 
document indicating his status and the number of packages 
constituting the consular bag. Except with the consent of the 
receiving State he shall be neither a national of the receiving 
State, nor, unless he is a national of the sending State, a 
permanent resident of the receiving State. In the performance 
of his functions he shall be protected by the receiving State. 
He shall enjoy personal inviolability and shall not be liable 
to any form of arrest or detention.
    6. The sending State, its diplomatic missions and its 
consular posts may designate consular couriers ad hoc. In such 
cases the provisions of paragraph 5 of this Article shall also 
apply except that the immunities therein mentioned shall cease 
to apply when such a courier has delivered to the consignee the 
consular bag in his charge.
    7. A consular bag may be entrusted to the captain of a ship 
or of a commercial aircraft scheduled to land at an authorized 
port of entry. He shall be provided with an official document 
indicating the number of packages constituting the bag, but he 
shall not be considered to be a consular courier. By 
arrangement with the appropriate local authorities, the 
consular post may send one of its members to take possession of 
the bag directly and freely from the captain of the ship or of 
the aircraft.

                               Article 36

      Communication and contact with national of the sending state

    1. With a view to facilitating the exercise of consular 
functions relating to nationals of the sending State:
          (a) consular officers shall be free to communicate 
        with nationals of the sending State and to have access 
        to them. Nationals of the sending State shall have the 
        same freedom with respect to communication with and 
        access to consular officers of the sending State;
          (b) if he so requests, the competent authorities of 
        the receiving State shall, without delay, inform the 
        consular post of the sending State if, within its 
        consular district, a national of that State is arrested 
        or committed to prison or to custody pending trial or 
        is detained in any other manner. Any communication 
        addressed to the consular post by the person arrested, 
        in prison, custody or detention shall also be forwarded 
        by the said authorities without delay. The said 
        authorities shall inform the person concerned without 
        delay of his rights under this sub-paragraph;
          (c) consular officers shall have the right to visit a 
        national of the sending State who is in prison, custody 
        or detention, to converse and correspond with him and 
        to arrange for his legal representation. They shall 
        also have the right to visit any national of the 
        sending State who is in prison, custody or detention in 
        their district in pursuance of a judgment. 
        Nevertheless, consular officers shall refrain from 
        taking action on behalf of a national who is in prison, 
        custody or detention if he expressly opposes such 
        action.
    2. The rights referred to in paragraph 1 of this Article 
shall be exercised in conformity with the laws and regulations 
of the receiving State, subject to the proviso, however, that 
the said laws and regulations must enable full effect to be 
given to the purposes for which the rights accorded under this 
Article are intended.

                               Article 37

Information in cases of deaths, guardianship or trusteeship, wrecks and 
                             air accidents

    If the relevant information is available to the competent 
authorities of the receiving State, such authorities shall have 
the duty:
          (a) in the case of the death of a national of the 
        sending State, to inform without delay the consular 
        post in whose district the death occurred;
          (b) to inform the competent consular post without 
        delay of any case where the appointment of a guardian 
        or trustee appears to be in the interests of a minor or 
        other person lacking full capacity who is a national of 
        the sending State. The giving of this information 
        shall, however, be without prejudice to the operation 
        of the laws and regulations of the receiving State 
        concerning such appointments;
          (c) if a vessel, having the nationality of the 
        sending State, is wrecked or runs aground in the 
        territorial sea or internal waters of the receiving 
        State, or if an aircraft registered in the sending 
        State suffers an accident on the territory of the 
        receiving State, to inform without delay the consular 
        post nearest to the scene of the occurrence.

                               Article 38

       Communication with the authorities of the receiving state

    In the exercise of their functions, consular officers may 
address:
          (a) the competent local authorities of their consular 
        district;
          (b) the competent central authorities of the 
        receiving State if and to the extent that this is 
        allowed by the laws, regulations and usages of the 
        receiving State or by the relevant international 
        agreements.

                               Article 39

                       Consular fees and charges

    1. The consular post may levy in the territory of the 
receiving State the fees and charges provided by the laws and 
regulations of the sending State for consular acts.
    2. The sums collected in the form of the fees and charges 
referred to in paragraph 1 of this Article, and the receipts 
for such fees and charges, shall be exempt from all dues and 
taxes in the receiving State.

                               section ii

   facilities, privileges and immunities relating to career consular 
             officers and other members of a consular post

                               Article 40

                    Protection of consular officers

    The receiving State shall treat consular officers with due 
respect and shall take all appropriate steps to prevent any 
attack on their person, freedom or dignity.

                               Article 41

              Personal inviolability of consular officers

    1. Consular officers shall not be liable to arrest or 
detention pending trial, except in the case of a grave crime 
and pursuant to a decision by the competent judicial authority.
    2. Except in the case specified in paragraph 1 of this 
Article, consular officers shall not be committed to prison or 
liable to any other form of restriction on their personal 
freedom save in execution of a judicial decision of final 
effect.
    3. If criminal proceedings are instituted against a 
consular officer, he must appear before the competent 
authorities. Nevertheless, the proceedings shall be conducted 
with the respect due to him by reason of his official position 
and, except in the case specified in paragraph 1 of this 
Article, in a manner which will hamper the exercise of consular 
functions as little as possible. When, in the circumstances 
mentioned in paragraph 1 of this Article, it has become 
necessary to detain a consular officer, the proceedings against 
him shall be instituted with the minimum of delay.

                               Article 42

            Notification of arrest, detention or prosecution

    In the event of the arrest or detention, pending trial, of 
a member of the consular staff, or of criminal proceedings 
being instituted against him, the receiving State shall 
promptly notify the head of the consular post. Should the 
latter be himself the object of any such measure, the receiving 
State shall notify the sending State through the diplomatic 
channel.

                               Article 43

                       Immunity from jurisdiction

    1. Consular officers and consular employees shall not be 
amenable to the jurisdiction of the judicial or administrative 
authorities of the receiving State in respect of acts performed 
in the exercise of consular functions.
    2. The provisions of paragraph 1 of this Article shall not, 
however, apply in respect of a civil action either:
          (a) arising out of a contract concluded by a consular 
        officer or a consular employee in which he did not 
        contract expressly or impliedly as an agent of the 
        sending State; or
          (b) by a third party for damage arising from an 
        accident in the receiving State caused by a vehicle, 
        vessel or aircraft.

                               Article 44

                       Liability to give evidence

    1. Members of a consular post may be called upon to attend 
as witnesses in the course of judicial or administrative 
proceedings. A consular employee or a member of the service 
staff shall not, except in the cases mentioned in paragraph 3 
of this Article, decline to give evidence. If a consular 
officer should decline to do so, no coercive measure or penalty 
may be applied to him.
    2. The authority requiring the evidence of a consular 
officer shall avoid interference with the performance of his 
functions. It may, when possible, take such evidence at his 
residence or at the consular post or accept a statement from 
him in writing.
    3. Members of a consular post are under no obligation to 
give evidence concerning matters connected with the exercise of 
their functions or to produce official correspondence and 
documents relating thereto. They are also entitled to decline 
to give evidence as expert witnesses with regard to the law of 
the sending State.

                               Article 45

                  Waiver of privileges and immunities

    1. The sending State may waive, with regard to a member of 
the consular post, any of the privileges and immunities 
provided for in Articles 41, 43 and 44.
    2. The waiver shall in all cases be express, except as 
provided in paragraph 3 of this Article, and shall be 
communicated to the receiving State in writing.
    3. The initiation of proceedings by a consular officer or a 
consular employee in a matter where he might enjoy immunity 
from jurisdiction under Article 43 shall preclude him from 
invoking immunity from jurisdiction in respect of any counter-
claim directly connected with the principal claim.
    4. The waiver of immunity from jurisdiction for the 
purposes of civil or administrative proceedings shall not be 
deemed to imply the waiver of immunity from the measures of 
execution resulting from the judicial decision; in respect of 
such measures, a separate waiver shall be necessary.

                               Article 46

      Exemption from registration of aliens and residence permits

    1. Consular officers and consular employees and members of 
their families forming part of their households shall be exempt 
from all obligations under the laws and regulations of the 
receiving State in regard to the registration of aliens and 
residence permits.
    2. The provisions of paragraph 1 of this Article shall not, 
however, apply to any consular employee who is not a permanent 
employee of the sending State or who carries on any private 
gainful occupation in the receiving State or to any member of 
the family of any such employee.

                               Article 47

                      Exemption from work permits

    1. Members of the consular post shall, with respect to 
services rendered for the sending State, be exempt from any 
obligations in regard to work permits imposed by the laws and 
regulations of the receiving State concerning the employment of 
foreign labour.
    2. Members of the private staff of consular officers and of 
consular employees shall, if they do not carry on any other 
gainful occupation in the receiving State, be exempt from the 
obligations referred to in paragraph 1 of this Article.

                               Article 48

                       Social security exemption

    1. Subject to the provisions of paragraph 3 of this 
Article, members of the consular post with respect to services 
rendered by them for the sending State, and members of their 
families forming part of their households, shall be exempt from 
social security provisions which may be in force in the 
receiving State.
    2. The exemption provided for in paragraph 1 of this 
Article shall apply also to members of the private staff who 
are in the sole employ of members of the consular post, on 
condition:
          (a) that they are not nationals of or permanently 
        resident in the receiving State; and
          (b) that they are covered by the social security 
        provisions which are in force in the sending State or a 
        third State.
    3. Members of the consular post who employ persons to whom 
the exemption provided for in paragraph 2 of this Article does 
not apply shall observe the obligations which the social 
security provisions of the receiving State impose upon 
employers.
    4. The exemption provided for in paragraphs 1 and 2 of this 
Article shall not preclude voluntary participation in the 
social security system of the receiving State, provided that 
such participation is permitted by that State.

                               Article 49

                        Exemption from taxation

    1. Consular officers and consular employees and members of 
their families forming part of their households shall be exempt 
from all dues and taxes, personal or real, national, regional 
or municipal, except:
          (a) indirect taxes of a kind which are normally 
        incorporated in the price of goods or services;
          (b) dues or taxes on private immovable property 
        situated in the territory of the receiving State, 
        subject to the provisions of Article 32;
          (c) estate, succession or inheritance duties, and 
        duties on transfers, levied by the receiving State, 
        subject to the provisions of paragraph (b) of Article 
        51;
          (d) dues and taxes on private income, including 
        capital gains, having its source in the receiving State 
        and capital taxes relating to investments made in 
        commercial or financial undertakings in the receiving 
        State;
          (e) charges levied for specific services rendered;
          (f) registration, court or record fees, mortgage dues 
        and stamp duties, subject to the provisions of Article 
        32.
    2. Members of the service staff shall be exempt from dues 
and taxes on the wages which they receive for their services.
    3. Members of the consular post who employ persons whose 
wages or salaries are not exempt from income tax in the 
receiving State shall observe the obligations which the laws 
and regulations of that State impose upon employers concerning 
the levying of income tax.

                               Article 50

              Exemption from customs duties and inspection

    1. The receiving State shall, in accordance with such laws 
and regulations as it may adopt, permit entry of and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services, 
on:
          (a) articles for the official use of the consular 
        post;
          (b) articles for the personal use of a consular 
        officer or members of his family forming part of his 
        household, including articles intended for his 
        establishment. The articles intended for consumption 
        shall not exceed the quantities necessary for direct 
        utilization by the persons concerned.
    2. Consular employees shall enjoy the privileges and 
exemptions specified in paragraph 1 of this Article in respect 
of articles imported at the time of first installation.
    3. Personal baggage accompanying consular officers and 
members of their families forming part of their households 
shall be exempt from inspection. It may be inspected only if 
there is serious reason to believe that it contains articles 
other than those referred to in sub-paragraph (b) of paragraph 
1 of this Article, or articles the import or export of which is 
prohibited by the laws and regulations of the receiving State 
or which are subject to its quarantine laws and regulations. 
Such inspection shall be carried out in the presence of the 
consular officer or member of his family concerned.

                               Article 51

  Estate of a member of the consular post or of a member of his family

    In the event of the death of a member of the consular post 
or of a member of his family forming part of his household, the 
receiving State:
          (a) shall permit the export of the movable property 
        of the deceased, with the exception of any such 
        property acquired in the receiving State the export of 
        which was prohibited at the time of his death;
          (b) shall not levy national, regional or municipal 
        estate, succession or inheritance duties, and duties on 
        transfers, on movable property the presence of which in 
        the receiving State was due solely to the presence in 
        that State of the deceased as a member of the consular 
        post or as a member of the family of a member of the 
        consular post.

                               Article 52

           Exemption from personal services and contributions

    The receiving State shall exempt members of the consular 
post and members of their families forming part of their 
households from all personal services, from all public service 
of any kind whatsoever, and from military obligations such as 
those connected with requisitioning, military contributions and 
billeting.

                               Article 53

        Beginning and end of consular privileges and immunities

    1. Every member of the consular post shall enjoy the 
privileges and immunities provided in the present Convention 
from the moment he enters the territory of the receiving State 
on proceeding to take up his post or, if already in its 
territory, from the moment when he enters on his duties with 
the consular post.
    2. Members of the family of a member of the consular post 
forming part of his household and members of his private staff 
shall receive the privileges and immunities provided in the 
present Convention from the date from which he enjoys 
privileges and immunities in accordance with paragraph 1 of 
this Article or from the date of their entry into the territory 
of the receiving State or from the date of their becoming a 
member of such family or private staff, whichever is the 
latest.
    3. When the functions of a member of the consular post have 
come to an end, his privileges and immunities and those of a 
member of his family forming part of his household or a member 
of his private staff shall normally cease at the moment when 
the person concerned leaves the receiving State or on the 
expiry of a reasonable period in which to do so, whichever is 
the sooner, but shall subsist until that time, even in case of 
armed conflict. In the case of the persons referred to in 
paragraph 2 of this Article, their privileges and immunities 
shall come to an end when they cease to belong to the household 
or to be in the service of a member of the consular post 
provided, however, that if such persons intend leaving the 
receiving State within a reasonable period thereafter, their 
privileges and immunities shall subsist until the time of their 
departure.
    4. However, with respect to acts performed by a consular 
officer or a consular employee in the exercise of his 
functions, immunity from jurisdiction shall continue to subsist 
without limitation of time.
    5. In the event of the death of a member of the consular 
post, the members of his family forming part of his household 
shall continue to enjoy the privileges and immunities accorded 
to them until they leave the receiving State or until the 
expiry of a reasonable period enabling them to do so, whichever 
is the sooner.

                               Article 54

                      Obligations of third states

    1. If a consular officer passes through or is in the 
territory of a third State, which has granted him a visa if a 
visa was necessary, while proceeding to take up or return to 
his post or when returning to the sending State, the third 
State shall accord to him all immunities provided for by the 
other Articles of the present Convention as may be required to 
ensure his transit or return. The same shall apply in the case 
of any member of his family forming part of his household 
enjoying such privileges and immunities who are accompanying 
the consular officer or travelling separately to join him or to 
return to the sending State.
    2. In circumstances similar to those specified in paragraph 
1 of this Article, third States shall not hinder the transit 
through their territory of other members of the consular post 
or of members of their families forming part of their 
households.
    3. Third States shall accord to official correspondence and 
to other official communications in transit, including messages 
in code or cipher, the same freedom and protection as the 
receiving State is bound to accord under the present 
Convention. They shall accord to consular couriers who have 
been granted a visa, if a visa was necessary, and to consular 
bags in transit, the same inviolability and protection as the 
receiving State is bound to accord under the present 
Convention.
    4. The obligations of third States under paragraphs 1, 2 
and 3 of this Article shall also apply to the persons mentioned 
respectively in those paragraphs, and to official 
communications and to consular bags, whose presence in the 
territory of the third State is due to force majeure.

                               Article 55

      Respect for the laws and regulations of the receiving state

    1. Without prejudice to their privileges and immunities, it 
is the duty of all persons enjoying such privileges and 
immunities to respect the laws and regulations of the receiving 
State. They also have a duty not to interfere in the internal 
affairs of that State.
    2. The consular premises shall not be used in any manner 
incompatible with the exercise of consular functions.
    3. The provisions of paragraph 2 of this Article shall not 
exclude the possibility of offices of other institutions or 
agencies being installed in part of the building in which the 
consular premises are situated, provided that the premises 
assigned to them are separate from those used by the consular 
post. In that event, the said offices shall not, for the 
purposes of the present Convention, be considered to form part 
of the consular premises.

                               Article 56

                  Insurance against third party risks

    Members of the consular post shall comply with any 
requirement imposed by the laws and regulations of the 
receiving State in respect of insurance against third party 
risks arising from the use of any vehicle, vessel or aircraft.

                               Article 57

        Special provisions concerning private gainful occupation

    1. Career consular officers shall not carry on for personal 
profit any professional or commercial activity in the receiving 
State.
    2. Privileges and immunities provided in this Chapter shall 
not be accorded:
          (a) to consular employees or to members of the 
        service staff who carry on any private gainful 
        occupation in the receiving State;
          (b) to members of the family of a person referred to 
        in sub-paragraph (a) of this paragraph or to members of 
        his private staff;
          (c) to members of the family of a member of a 
        consular post who themselves carry on any private 
        gainful occupation in the receiving State.

                              Chapter III

Regime Relating to Honorary Consular Officers and Consular Posts Headed 
                            by Such Officers

                               Article 58

  General provision relating to facilities, privileges and immunities

    1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, 
paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 
shall apply to consular posts headed by an honorary consular 
officer. In addition, the facilities, privileges and immunities 
of such consular posts shall be governed by Articles 59, 60, 61 
and 62.
    2. Articles 42 and 43, paragraph 3 of Article 44, Articles 
45 and 53 and paragraph 1 of Article 55 shall apply to honorary 
consular officers. In addition, the facilities, privileges and 
immunities of such consular officers shall be governed by 
Articles 63, 64, 65, 66 and 67.
    3. Privileges and immunities provided in the present 
Convention shall not be accorded to members of the family of an 
honorary consular officer or of a consular employee employed at 
a consular post headed by an honorary consular officer.
    4. The exchange of consular bags between two consular posts 
headed by honorary consular officers in different States shall 
not be allowed without the consent of the two receiving States 
concerned.

                               Article 59

                  Protection of the consular premises

    The receiving State shall take such steps as may be 
necessary to protect the consular premises of a consular post 
headed by an honorary consular officer against any intrusion or 
damage and to prevent any disturbance of the peace of the 
consular post or impairment of its dignity.

                               Article 60

              Exemption from taxation of consular premises

    1. Consular premises of a consular post headed by an 
honorary consular officer of which the sending State is the 
owner or lessee shall be exempt from all national, regional or 
municipal dues and taxes whatsoever, other than such as 
represent payment for specific services rendered.
    2. The exemption from taxation referred to in paragraph 1 
of this Article shall not apply to such dues and taxes if, 
under the laws and regulations of the receiving State, they are 
payable by the person who contracted with the sending State.

                               Article 61

            Inviolability of consular archives and documents

    The consular archives and documents of a consular post 
headed by an honorary consular officer shall be inviolable at 
all times and wherever they may be, provided that they are kept 
separate from other papers and documents and, in particular, 
from the private correspondence of the head of a consular post 
and of any person working with him, and from the materials, 
books or documents relating to their profession or trade.

                               Article 62

                     Exemption from customs duties

    The receiving State shall, in accordance with such laws and 
regulations as it may adopt, permit entry of, and grant 
exemption from all customs duties, taxes, and related charges 
other than charges for storage, cartage and similar services on 
the following articles, provided that they are for the official 
use of a consular post headed by an honorary consular officer: 
coats-of-arms, flags, signboards, seals and stamps, books, 
official printed matter, office furniture, office equipment and 
similar articles supplied by or at the instance of the sending 
State to the consular post.

                               Article 63

                          Criminal procedures

    If criminal proceedings are instituted against an honorary 
consular officer, he must appear before the competent 
authorities. Nevertheless, the proceedings shall be conducted 
with the respect due to him by reason of his official position 
and, except when he is under arrest or detention, in a manner 
which will hamper the exercise of consular functions as little 
as possible. When it has become necessary to detain an honorary 
consular officer, the proceedings against him shall be 
instituted with the minimum of delay.

                               Article 64

                Proection of honorary consular officers

    The receiving State is under a duty to accord to an 
honorary consular officer such protection as may be required by 
reason of his official position.

                               Article 65

      Exemption from registration of aliens and residence permits

    Honorary consular officers, with the exception of those who 
carry on for personal profit any professional or commercial 
activity in the receiving State, shall be exempt from all 
obligations under the laws and regulations of the receiving 
State in regard to the registration of aliens and residence 
permits.

                               Article 66

                        Exemption from taxation

    An honorary consular officer shall be exempt from all dues 
and taxes on the remuneration and emoluments which he receives 
from the sending State in respect of the exercise of consular 
functions.

                               Article 67

           Exemption from personal services and contributions

    The receiving State shall exempt honorary consular officers 
from all personal services and from all public services of any 
kind whatsoever and from military obligations such as those 
connected with requisitioning, military contributions and 
billeting.

                               Article 68

  Optional character of the institution of honorary consular officers

    Each State is free to decide whether it will appoint or 
receive honorary consular officers.

                               Chapter IV

                           General Provisions

                               Article 69

          Consular agents who are not heads of consular posts

    1. Each State is free to decide whether it will establish 
or admit consular agencies conducted by consular agents not 
designated as heads of consular post by the sending State.
    2. The conditions under which the consular agencies 
referred to in paragraph 1 of this Article may carry on their 
activities and the privileges and immunities which may be 
enjoyed by the consular agents in charge of them shall be 
determined by agreement between the sending State and the 
receiving State.

                               Article 70

         Exercise of consular functions by diplomatic missions

    1. The provisions of the present Convention apply also, so 
far as the context permits, to the exercise of consular 
functions by a diplomatic mission.
    2. The names of members of a diplomatic mission assigned to 
the consular section or otherwise charged with the exercise of 
the consular functions of the mission shall be notified to the 
Ministry for Foreign Affairs of the receiving State or to the 
authority designated by that Ministry.
    3. In the exercise of consular functions a diplomatic 
mission may address:
          (a) the local authorities of the consular district;
          (b) the central authorities of the receiving State if 
        this is allowed by the laws, regulations and usages of 
        the receiving State or by relevant international 
        agreements.
    4. The privileges and immunities of the members of a 
diplomatic mission referred to in paragraph 2 of this Article 
shall continue to be governed by the rules of international law 
concerning diplomatic relations.

                               Article 71

        Nationals or permanent residents of the receiving state

    1. Except in so far as additional facilities, privileges 
and immunities may be granted by the receiving State, consular 
officers who are nationals of or permanently resident in the 
receiving State shall enjoy only immunity from jurisdiction and 
personal inviolability in respect of official acts performed in 
the exercise of their functions, and the privilege provided in 
paragraph 3 of Article 44. So far as these consular officers 
are concerned, the receiving State shall likewise be bound by 
the obligation laid down in Article 42. If criminal proceedings 
are instituted against such a consular officer, the proceedings 
shall, except when he is under arrest or detention, be 
conducted in a manner which will hamper the exercise of 
consular functions as little as possible.
    2. Other members of the consular post who are nationals of 
or permanently resident in the receiving State and members of 
their families, as well as members of the families of consular 
officers referred to in paragraph 1 of this Article, shall 
enjoy facilities, privileges and immunities only in so far as 
these are granted to them by the receiving State. Those members 
of the families of members of the consular post and those 
members of the private staff who are themselves nationals of or 
permanently resident in the receiving State shall likewise 
enjoy facilities, privileges and immunities only in so far as 
these are granted to them by the receiving State. The receiving 
State shall, however, exercise its jurisdiction over those 
persons in such a way as not to hinder unduly the performance 
of the functions of the consular post.

                               Article 72

                           Non-discrimination

    1. In the application of the provisions of the present 
Convention the receiving State shall not discriminate as 
between States.
    2. However, discrimination shall not be regarded as taking 
place:
          (a) where the receiving State applies any of the 
        provisions of the present Convention restrictively 
        because of a restrictive application of that provision 
        to its consular posts in the sending State;
          (b) where by custom or agreement States extend to 
        each other more favourable treatment than is required 
        by the provisions of the present Convention.

                               Article 73

  Relationship between the present convention and other international 
                               agreements

    1. The provisions of the present Convention shall not 
affect other international agreements in force as between 
States parties to them.
    2. Nothing in the present Convention shall preclude States 
from concluding international agreements confirming or 
supplementing or extending or amplifying the provisions 
thereof.

                               Chapter V

                            Final Provisions

                               Article 74

                               Signature

    The present Convention shall be open for signature by all 
States Members of the United Nations or of any of the 
specialized agencies or Parties to the Statute of the 
International Court of Justice, and by any other State invited 
by the General Assembly of the United Nations to become a Party 
to the Convention, as follows until 31 October 1963 at the 
Federal Ministry for Foreign Affairs of the Republic of Austria 
and subsequently, until 31 March 1964, at the United Nations 
Headquarters in New York.

                               Article 75

                              Ratification

    The present Convention is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article 76

                               Accession

    The present Convention shall remain open for accession by 
any State belonging to any of the four categories mentioned in 
Article 74. The instruments of accession shall be deposited 
with the Secretary-General of the United Nations.

                               Article 77

                            Entry into force

    1. The present Convention shall enter into force on the 
thirtieth day following the date of deposit of the twenty-
second instrument of ratification or accession with the 
Secretary-General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 78

                 Notifications by the Secretary-General

    The Secretary-General of the United Nations shall inform 
all States belonging to any of the four categories mentioned in 
Article 74:
          (a) of signatures to the present Convention and of 
        the deposit of instruments of ratification or 
        accession, in accordance with Articles 74, 75 and 76;
          (b) of the date on which the present Convention will 
        enter into force, in accordance with Article 77.

                               Article 79

                            Authentic texts

    The original of the present Convention, of which the 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States belonging to any of the four categories mentioned in 
Article 74.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Convention.

  Optional Protocol to the Vienna Convention on Diplomatic Relations, 
                 Concerning Acquisition of Nationality

                     Done at Vienna, April 18, 1961

    The States Parties to the present Protocol and to the 
Vienna Convention on Diplomatic Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 2 March to 14 April 1961,

    Expressing their wish to establish rules between them 
concerning acquisition of nationality by the members of their 
diplomatic missions and of the families forming part of the 
household of those members,

    Have agreed as follows:

                               Article I

    For the purpose of the present Protocol, the expression 
``members of the mission'' shall have the meaning assigned to 
it in Article 1, sub-paragraph (b), of the Convention, namely 
``the head of the mission and the members of the staff of the 
mission''.

   Optional Protocol to the Vienna Convention on Consular Relations 
                 Concerning Acquisition of Nationality

                     Done at Vienna, 24 April 1963

    The States Parties to the present Protocol and to the 
Vienna Convention on Consular Relations, hereinafter referred 
to as ``the Convention'' adopted by the United Nations 
Conference held at Vienna from 4 March to 22 April 1963,

    Expressing their wish to establish rules between them 
concerning acquisition of nationality by members of the 
consular post and by members of their families forming part of 
their households,

    Have agreed as follows:

                               Article I

    For the purposes of the present Protocol, the expression 
``members of the consular post'' shall have the meaning 
assigned to it in sub-paragraph (g) of paragraph 1 of Article 1 
of the Convention, namely, ``consular officers, consular 
employees and members of the service staff''.

                               Article II

    Members of the consular post not being nationals of the 
receiving State, and members of their families forming part of 
their households, shall not, solely by the operation of the law 
of the receiving State, acquire the nationality of that State.

                              Article III

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention, as follows: 
until 31 October 1963 at the Federal Ministry for Foreign 
Affairs of the Republic of Austria and, subsequently, until 31 
March 1964, at the United Nations Headquarters in New York.

                               Article IV

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                               Article V

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article VI

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification of or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                              Article VII

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles III, IV and V;
          (b) of the date on which the present Protocol will 
        enter into force, in accordance with Article VI.

                              Article VIII

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article III.

    In witness whereof the undersigned plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed the present Protocol.

   Optional Protocol to the Vienna Convention on Consular Relations 
            Concerning the Compulsory Settlement of Disputes

                     Done at Vienna, 24 April 1963

    The States Parties to the present Protocol and to the 
Vienna Convention on Consular Relations, hereinafter referred 
to as ``the Convention'', adopted by the United Nations 
Conference held at Vienna from 4 March to 22 April 1963,

    Expressing their wish to resort in all matters concerning 
them in respect of any dispute arising out of the 
interpretation or application of the Convention to the 
compulsory jurisdiction of the International Court of Justice, 
unless some other form of settlement has been agreed upon by 
the parties within a reasonable period,

    Have agreed as follows:

                               Article I

    Disputes arising out of the interpretation or application 
of the Convention shall lie within the compulsory jurisdiction 
of the International Court of Justice and may accordingly be 
brought before the Court by an application made by any party to 
the dispute being a Party to the present Protocol.

                               Article II

    The parties may agree, within a period of two months after 
one party has notified its opinion to the other that a dispute 
exists, to resort not to the International Court of Justice but 
to an arbitral tribunal. After the expiry of the said period, 
either party may bring the dispute before the Court by an 
application.

                              Article III

    1. Within the same period of two months, the parties may 
agree to adopt a conciliation procedure before resorting to the 
International Court of Justice.
    2. The conciliation commission shall make its 
recommendations within five months after its appointment. If 
its recommendations are not accepted by the parties to the 
dispute within two months after they have been delivered, 
either party may bring the dispute before the Court by an 
application.

                               Article IV

    States Parties to the Convention, to the Optional Protocol 
concerning Acquisition of Nationality, and to the present 
Protocol may at any time declare that they will extend the 
provisions of the present Protocol to disputes arising out of 
the interpretation or application of the Optional Protocol 
concerning Acquisition of Nationality. Such declarations shall 
be notified to the Secretary-General of the United Nations.

                               Article V

    The present Protocol shall be open for signature by all 
States which may become Parties to the Convention as follows: 
until 31 October 1963 at the Federal Ministry for Foreign 
Affairs of the Republic of Austria and, subsequently, until 31 
March 1964, at the United Nations Headquarters in New York.

                               Article VI

    The present Protocol is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.

                              Article VII

    The present Protocol shall remain open for accession by all 
States which may become Parties to the Convention. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                              Article VIII

    1. The present Protocol shall enter into force on the same 
day as the Convention or on the thirtieth day following the 
date of deposit of the second instrument of ratification or 
accession to the Protocol with the Secretary-General of the 
United Nations, whichever date is the later.
    2. For each State ratifying or acceding to the present 
Protocol after its entry into force in accordance with 
paragraph 1 of this Article, the Protocol shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article IX

    The Secretary-General of the United Nations shall inform 
all States which may become Parties to the Convention:
          (a) of signatures to the present Protocol and of the 
        deposit of instruments of ratification or accession, in 
        accordance with Articles V, VI and VII;
          (b) of declarations made in accordance with Article 
        IV of the present Protocol;
          (c) of the date on which the present Protocol will 
        enter into force, in accordance with Article VIII.

                               Article X

    The original of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in Article V.

    In witness whereof the undersigned plenipotentiaries, being 
duly authorised thereto by their respective Governments, have 
signed the present Protocol.
                   4. Organization and Administration

    a. Interdepartmental Operations of the U.S. Government Overseas

 (1) The National Security Council System (Presidential Directive/NSPD-
                         1, February 13, 2001)

MEMORANDUM FOR THE VICE PRESIDENT
  THE SECRETARY OF STATE
  THE SECRETARY OF THE TREASURY
  THE SECRETARY OF DEFENSE
  THE ATTORNEY GENERAL
  THE SECRETARY OF AGRICULTURE
  THE SECRETARY OF COMMERCE
  THE SECRETARY OF HEALTH AND HUMAN SERVICES
  THE SECRETARY OF TRANSPORTATION
  THE SECRETARY OF ENERGY
  ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY
  DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
  UNITED STATES TRADE REPRESENTATIVE
  CHAIRMAN, COUNCIL OF ECONOMIC ADVISERS
  DIRECTOR, NATIONAL DRUG CONTROL POLICY
  CHIEF OF STAFF TO THE PRESIDENT
  DIRECTOR OF CENTRAL INTELLIGENCE
  DIRECTOR, FEDERAL EMERGENCY MANAGEMENT AGENCY
  ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
  ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
  COUNSEL TO THE PRESIDENT
  CHIEF OF STAFF AND ASSISTANT TO THE VICE PRESIDENT FOR 
        NATIONAL SECURITY AFFAIRS
  DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY
  CHAIRMAN, BOARD OF GOVERNORS OF THE FEDERAL RESERVE
  CHAIRMAN, COUNCIL ON ENVIRONMENTAL QUALITY
  CHAIRMAN, EXPORT-IMPORT BANK
  CHAIRMAN OF THE JOINT CHIEFS OF STAFF
  COMMANDANT, U.S. COAST GUARD
  ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
  CHAIRMAN, NUCLEAR REGULATORY COMMISSION
  DIRECTOR, PEACE CORPS
  DIRECTOR, FEDERAL BUREAU OF INVESTIGATION
  DIRECTOR, NATIONAL SECURITY AGENCY
  DIRECTOR, DEFENSE INTELLIGENCE AGENCY
  PRESIDENT, OVERSEAS PRIVATE INVESTMENT CORPORATION
  CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION
  COMMISSIONER, U.S. CUSTOMS SERVICE
  ADMINISTRATOR, DRUG ENFORCEMENT ADMINISTRATION
  PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
  ARCHIVIST OF THE UNITED STATES
  DIRECTOR, INFORMATION SECURITY OVERSIGHT OFFICE

SUBJECT: Organization of the National Security Council System

    This document is the first in a series of National Security 
Presidential Directives. National Security Presidential 
Directives shall replace both Presidential Decision Directives 
and Presidential Review Directives as an instrument for 
communicating presidential decisions about the national 
security policies of the United States.
    National security includes the defense of the United States 
of America, protection of our constitutional system of 
government, and the advancement of United States interests 
around the globe. National security also depends on America's 
opportunity to prosper in the world economy. The National 
Security Act of 1947, as amended, established the National 
Security Council to advise the President with respect to the 
integration of domestic, foreign, and military policies 
relating to national security. That remains its purpose. The 
NSC shall advise and assist me in integrating all aspects of 
national security policy as it affects the United States--
domestic, foreign, military, intelligence, and economics (in 
conjunction with the National Economic Council (NEC)). The 
National Security Council system is a process to coordinate 
executive departments and agencies in the effective development 
and implementation of those national security policies.
    The National Security Council (NSC) shall have as its 
regular attendees (both statutory and non-statutory) the 
President, the Vice President, the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, and the 
Assistant to the President for National Security Affairs. The 
Director of Central Intelligence and the Chairman of the Joint 
Chiefs of Staff, as statutory advisors to the NSC, shall also 
attend NSC meetings. The Chief of Staff to the President and 
the Assistant to the President for Economic Policy are invited 
to attend any NSC meeting. The Counsel to the President shall 
be consulted regarding the agenda of NSC meetings, and shall 
attend any meeting when, in consultation with the Assistant to 
the President for National Security Affairs, he deems it 
appropriate. The Attorney General and the Director of the 
Office of Management and Budget shall be invited to attend 
meetings pertaining to their responsibilities. For the Attorney 
General, this includes both those matters within the Justice 
Department's jurisdiction and those matters implicating the 
Attorney General's responsibility under 28 U.S.C. 511 to give 
his advice and opinion on questions of law when required by the 
President. The heads of other executive departments and 
agencies, as well as other senior officials, shall be invited 
to attend meetings of the NSC when appropriate.
    The NSC shall meet at my direction. When I am absent from a 
meeting of the NSC, at my direction the Vice President may 
preside. The Assistant to the President for National Security 
Affairs shall be responsible, at my direction and in 
consultation with the other regular attendees of the NSC, for 
determining the agenda, ensuring that necessary papers are 
prepared, and recording NSC actions and Presidential decisions. 
When international economic issues are on the agenda of the 
NSC, the Assistant to the President for National Security 
Affairs and the Assistant to the President for Economic Policy 
shall perform these tasks in concert.
    The NSC Principals Committee (NSC/PC) will continue to be 
the senior interagency forum for consideration of policy issues 
affecting national security, as it has since 1989. The NSC/PC 
shall have as its regular attendees the Secretary of State, the 
Secretary of the Treasury, the Secretary of Defense, the Chief 
of Staff to the President, and the Assistant to the President 
for National Security Affairs (who shall serve as chair). The 
Director of Central Intelligence and the Chairman of the Joint 
Chiefs of Staff shall attend where issues pertaining to their 
responsibilities and expertise are to be discussed. The 
Attorney General and the Director of the Office of Management 
and Budget shall be invited to attend meetings pertaining to 
their responsibilities. For the Attorney General, this includes 
both those matters within the Justice Department's jurisdiction 
and those matters implicating the Attorney General's 
responsibility under 28 U.S.C. 511 to give his advice and 
opinion on questions of law when required by the President. The 
Counsel to the President shall be consulted regarding the 
agenda of NSC/PC meetings, and shall attend any meeting when, 
in consultation with the Assistant to the President for 
National Security Affairs, he deems it appropriate. When 
international economic issues are on the agenda of the NSC/PC, 
the Committee's regular attendees will include the Secretary of 
Commerce, the United States Trade Representative, the Assistant 
to the President for Economic Policy (who shall serve as chair 
for agenda items that principally pertain to international 
economics), and, when the issues pertain to her 
responsibilities, the Secretary of Agriculture. The Chief of 
Staff and National Security Adviser to the Vice President shall 
attend all meetings of the NSC/PC, as shall the Assistant to 
the President and Deputy National Security Advisor (who shall 
serve as Executive Secretary of the NSC/PC). Other heads of 
departments and agencies, along with additional senior 
officials, shall be invited where appropriate.
    The NSC/PC shall meet at the call of the Assistant to the 
President for National Security Affairs, in consultation with 
the regular attendees of the NSC/PC. The Assistant to the 
President for National Security Affairs shall determine the 
agenda in consultation with the foregoing, and ensure that 
necessary papers are prepared. When international economic 
issues are on the agenda of the NSC/PC, the Assistant to the 
President for National Security Affairs and the Assistant to 
the President for Economic Policy shall perform these tasks in 
concert.
    The NSC Deputies Committee (NSC/DC) will also continue to 
serve as the senior sub-Cabinet interagency forum for 
consideration of policy issues affecting national security. The 
NSC/DC can prescribe and review the work of the NSC interagency 
groups discussed later in this directive. The NSC/DC shall also 
help ensure that issues being brought before the NSC/PC or the 
NSC have been properly analyzed and prepared for decision. The 
NSC/DC shall have as its regular members the Deputy Secretary 
of State or Under Secretary of the Treasury or Under Secretary 
of the Treasury for International Affairs, the Deputy Secretary 
of Defense or Under Secretary of Defense for Policy, the Deputy 
Attorney General, the Deputy Director of the Office of 
Management and Budget, the Deputy Director of Central 
Intelligence, the Vice Chairman of the Joint Chiefs of Staff, 
the Deputy Chief of Staff to the President for Policy, the 
Chief of Staff and National Security Adviser to the Vice 
President, the Deputy Assistant to the President for 
International Economic Affairs, and the Assistant to the 
President and Deputy National Security Advisor (who shall serve 
as chair). When international economic issues are on the 
agenda, the NSC/DC's regular membership will include the Deputy 
Secretary of Commerce, a Deputy United States Trade 
Representative, and, when the issues pertain to his 
responsibilities, the Deputy Secretary of Agriculture, and the 
NSC/DC shall be chaired by the Deputy Assistant to the 
President for International Economic Affairs for agenda items 
that principally pertain to international economics. Other 
senior officials shall be invited where appropriate.
    The NSC/DC shall meet at the call of its chair, in 
consultation with the other regular members of the NSC/DC. Any 
regular member of the NSC/DC may also request a meeting of the 
Committee for prompt crisis management. For all meetings the 
chair shall determine the agenda in consultation with the 
foregoing, and ensure that necessary papers are prepared.
    The Vice President and I may attend any and all meetings of 
any entity established by or under this directive.
    Management of the development and implementation of 
national security policies by multiple agencies of the United 
States Government shall usually be accomplished by the NSC 
Policy Coordination Committees (NSC/PCCs). The NSC/PCCs shall 
be the main day-to-day fora for interagency coordination of 
national security policy. They shall provide policy analysis 
for consideration by the more senior committees of the NSC 
system and ensure timely responses to decisions made by the 
President. Each NSC/PCC shall include representatives from the 
executive departments, offices, and agencies represented in the 
NSC/DC.
    Six NSC/PCCs are hereby established for the following 
regions: Europe and Eurasia, Western Hemisphere, East Asia, 
South Asia, Near East and North Africa, and Africa. Each of the 
NSC/PCCs shall be chaired by an official of Under Secretary or 
Assistant Secretary rank to be designated by the Secretary of 
State.
    Eleven NSC/PCCs are hereby also established for the 
following functional topics, each to be chaired by a person of 
Under Secretary or Assistant Secretary rank designated by the 
indicated authority:
          Democracy, Human Rights, and International Operations 
        (by the Assistant to the President for National 
        Security Affairs);
          International Development and Humanitarian Assistance 
        (by the Secretary of State);
          Global Environment (by the Assistant to the President 
        for National Security Affairs and the Assistant to the 
        President for Economic Policy in concert);
          International Finance (by the Secretary of the 
        Treasury);
          Transnational Economic Issues (by the Assistant to 
        the President for Economic Policy);
          Counter-Terrorism and National Preparedness (by the 
        Assistant to the President for National Security 
        Affairs);
          Defense Strategy, Force Structure, and Planning (by 
        the Secretary of Defense);
          Arms Control (by the Assistant to the President for 
        National Security Affairs);
          Proliferation, Counterproliferation, and Homeland 
        Defense (by the Assistant to the President for National 
        Security Affairs);
          Intelligence and Counterintelligence (by the 
        Assistant to the President for National Security 
        Affairs); and
          Records Access and Information Security (by the 
        Assistant to the President for National Security 
        Affairs).
    The Trade Policy Review Group (TPRG) will continue to 
function as an interagency coordinator of trade policy. Issues 
considered within the TPRG, as with the PCCs, will flow through 
the NSC and/or NEC process, as appropriate.
    Each NSC/PCC shall also have an Executive Secretary from 
the staff of the NSC, to be designated by the Assistant to the 
President for National Security Affairs. The Executive 
Secretary shall assist the Chairman in scheduling the meetings 
of the NSC/PCC, determining the agenda, recording the actions 
taken and tasks assigned, and ensuring timely responses to the 
central policymaking committees of the NSC system. The Chairman 
of each NSC/PCC, in consultation with the Executive Secretary, 
may invite representatives of other executive departments and 
agencies to attend meetings of the NSC/PCC where appropriate.
    The Assistant to the President for National Security 
Affairs, at my direction and in consultation with the Vice 
President and the Secretaries of State, Treasury, and Defense, 
may establish additional NSC/PCCs as appropriate.
    The Chairman of each NSC/PCC, with the agreement of the 
Executive Secretary, may establish subordinate working groups 
to assist the PCC in the performance of its duties.
    The existing system of Interagency Working Groups is 
abolished.
          The oversight of ongoing operations assigned in PDD/
        NSC-56 to Executive Committees of the Deputies 
        Committee will be performed by the appropriate regional 
        NSC/PCCs, which may create subordinate working groups 
        to provide coordination for ongoing operations.
          The Counter-Terrorism Security Group, Critical 
        Infrastructure Coordination Group, Weapons of Mass 
        Destruction Preparedness, Consequences Management and 
        Protection Group, and the interagency working group on 
        Enduring Constitutional Government are reconstituted as 
        various forms of the NSC/PCC on Counter-Terrorism and 
        National Preparedness.
          The duties assigned in PDD/NSC-75 to the National 
        Counterintelligence Policy Group will be performed in 
        the NSC/PCC on Intelligence and Counterintelligence, 
        meeting with appropriate attendees.
          The duties assigned to the Security Policy Board and 
        other entities established in PDD/NSC-29 will be 
        transferred to various NSC/PCCs, depending on the 
        particular security problem being addressed.
          The duties assigned in PDD/NSC-41 to the Standing 
        Committee on Nonproliferation will be transferred to 
        the PCC on Proliferation, Counterproliferation, and 
        Homeland Defense.
          The duties assigned in PDD/NSC-35 to the Interagency 
        Working Group for Intelligence Priorities will be 
        transferred to the PCC on Intelligence and 
        Counterintelligence.
          The duties of the Human Rights Treaties Interagency 
        Working Group established in E.O. 13107 are transferred 
        to the PCC on Democracy, Human Rights, and 
        International Operations.
          The Nazi War Criminal Records Interagency Working 
        Group established in E.O. 13110 shall be reconstituted, 
        under the terms of that order and until its work ends 
        in January 2002, as a Working Group of the NSC/PCC for 
        Records Access and Information Security.
    Except for those established by statute, other existing NSC 
interagency groups, ad hoc bodies, and executive committees are 
also abolished as of March 1, 2001, unless they are 
specifically reestablished as subordinate working groups within 
the new NSC system as of that date. Cabinet officers, the heads 
of other executive agencies, and the directors of offices 
within the Executive Office of the President shall advise the 
Assistant to the President for National Security Affairs of 
those specific NSC interagency groups chaired by their 
respective departments or agencies that are either mandated by 
statute or are otherwise of sufficient importance and vitality 
as to warrant being reestablished. In each case the Cabinet 
officer, agency head, or office director should describe the 
scope of the activities proposed for or now carried out by the 
interagency group, the relevant statutory mandate if any, and 
the particular NSC/PCC that should coordinate this work. The 
Trade Promotion Coordinating Committee established in E.O. 
12870 shall continue its work, however, in the manner specified 
in that order. As to those committees expressly established in 
the National Security Act, the NSC/PC and/or NSC/DC shall serve 
as those committees and perform the functions assigned to those 
committees by the Act.
    To further clarify responsibilities and effective 
accountability within the NSC system, those positions relating 
to foreign policy that are designated as special presidential 
emissaries, special envoys for the President, senior advisors 
to the President and the Secretary of State, and special 
advisors to the President and the Secretary of State are also 
abolished as of March 1, 2001, unless they are specifically 
redesignated or reestablished by the Secretary of State as 
positions in that Department.
    This Directive shall supersede all other existing 
presidential guidance on the organization of the National 
Security Council system. With regard to application of this 
document to economic matters, this document shall be 
interpreted in concert with any Executive Order governing the 
National Economic Council and with presidential decision 
documents signed hereafter that implement either this directive 
or that Executive Order.
                                   [signed: George W. Bush]
      5. Control on Persons Leaving or Entering the United States

     Presidential Proclamation 3004, January 17, 1953, 18 F.R. 489

            By the President of the United States of America

  Whereas section 215 of the Immigration and Nationality Act, 
enacted on June 27, 1952 (Public Law 414, 82nd Congress; 66 
Stat. 163, 190) \1\ authorizes the President to impose 
restrictions and prohibitions in addition to those otherwise 
provided by that Act upon the departure of persons from, and 
their entry into, the United States when the United States is 
at war or during the existence of any national emergency 
proclaimed by the President or, as to aliens, whenever there 
exists a state of war between or among two or more States, and 
when the President shall find that the interests of the United 
States so require; and
---------------------------------------------------------------------------
    \1\ For text, see Legislation on Foreign Relations, volume II-A.
---------------------------------------------------------------------------
  Whereas the national emergency the existence of which was 
proclaimed on December 16, 1950, by Proclamation 2914 still 
exists; and
  Whereas because of the exigencies of the international 
situation and of the national defense then existing 
Proclamation No. 2523 of November 14, 1941, imposed certain 
restrictions and prohibitions, in addition to those otherwise 
provided by law, upon the departure of persons from and their 
entry into the United States; and
  Whereas the exigencies of the international situation and of 
the national defense still require that certain restrictions 
and prohibitions, in addition to those otherwise provided by 
law, be imposed upon the departure of persons from and their 
entry into the United States:
  Now, therefore, I, Harry S. Truman, President of the United 
States of America, acting under and by virtue of the authority 
vested in me by section 215 of the Immigration and Nationality 
Act and by section 301 of title 3 of the United States Code, do 
hereby find and publicly proclaim that the interests of the 
United States require that restrictions and prohibitions, in 
addition to those otherwise provided by law, be imposed upon 
the departure of persons from and their entry into, the United 
States; and I hereby prescribe and make the following rules, 
regulations, and orders with respect thereto:
  (1) The departure and entry of citizens and nationals of the 
United States from and into the United States, including the 
Canal Zone, and all territory and waters, continental or 
insular, subject to the jurisdiction of the United States, 
shall be subject to the regulations prescribed by the Secretary 
of State and published as sections 53.1 to 53.9, inclusive, of 
title 22 of the Code of Federal Regulations. Such regulations 
are hereby incorporated into and made a part of this 
proclamation; and the Secretary of State is hereby authorized 
to revoke, modify, or amend such regulations as he may find the 
interests of the United States to require.
  (2) The departure of aliens from the United States, including 
the Canal Zone, and all territory and waters, continental or 
insular, subject to the jurisdiction of the United States, 
shall be subject to the regulations prescribed by the Secretary 
of State, with the concurrence of the Attorney General, and 
published as sections 53.61 to 53.71, inclusive, of title 22 of 
the Code of Federal Regulations. Such regulations are hereby 
incorporated into and made a part of this proclamation; and the 
Secretary of State, with the concurrence of the Attorney 
General, is hereby authorized to revoke, modify, or amend such 
regulations as he may find the interests of the United States 
to require.
  (3) The entry of aliens into the Canal Zone and American 
Samoa shall be subject to the regulations prescribed by the 
Secretary of State, with the concurrence of the Attorney 
General, and published as sections 53.21 to 53.41, inclusive, 
of title 22 of the Code of Federal Regulations. Such 
regulations are hereby incorporated into and made a part of 
this proclamation; and the Secretary of State, with the 
concurrence of the Attorney General, is hereby authorized to 
revoke, modify, or amend such regulations as he may find the 
interests of the United States to require.
  (4) Proclamation No. 2523 of November 14, 1941, as amended by 
Proclamation No. 2850 of August 17, 1949, is hereby revoked, 
but such revocation shall not affect any order, determination, 
or decision relating to an individual, or to a class of 
individuals, issued in pursuance of such proclamations prior to 
the revocation thereof, and shall not prevent prosecution for 
any offense committed, or the imposition of any penalties or 
forfeitures, liability for which was incurred under such 
proclamations prior to the revocation thereof; and the 
provisions of this proclamation, including the regulations of 
the Secretary of State incorporated herein and made a part 
thereof, shall be in addition, to, and shall not be held to 
revoke, supersede, modify, amend, or suspend, any other 
proclamation, rule, regulation, or order heretofore issued 
relating to the departure of persons from, or their entry into, 
the United States; and compliance with the provisions of this 
proclamation, including the regulations of the Secretary of 
State incorporated herein and made a part hereof, shall not be 
considered as exempting any individual from the duty of 
complying with the provisions of any other statute, law, 
proclamation, rule, regulation, or order heretofore enacted or 
issued and still in effect.
  (5) I hereby direct all departments and agencies of the 
Government to cooperate with the Secretary of State in the 
execution of his authority under this proclamation and any 
subsequent proclamation, rule, regulation, or order issued in 
pursuance hereof; and such departments and agencies shall upon 
request make available to the Secretary of State for that 
purpose the services of their respective officials and agents. 
I enjoin upon all officers of the United States charged with 
the execution of the laws thereof the utmost diligence in 
preventing violations of section 215 of the Immigration and 
Nationality Act and this proclamation, including the 
regulations of the Secretary of State incorporated herein and 
made a part hereof, and in bringing to trial and punishment any 
person violating any provision of that section or of this 
proclamation.
  To the extent permitted by law, this proclamation shall take 
effect as of December 24, 1952.

  In witness whereof, I have hereunto set my hand and caused 
the Seal of the United States of America to be affixed.

  Done at the City of Washington this 17th day of January in 
the year of our Lord nineteen hundred and fifty-three and of 
the Independence of the United States of America the one 
hundred and seventy-seventh.
  [seal]
                                                   Harry S. Truman.
  By the President:
          Dean Acheson,
                  Secretary of State.
                  6. Migration and Refugee Assistance

 a. Protocol Relating to the Status of Refugees \1\ (with reservation)

 Done at New York January 31, 1967; Accession advised by the Senate of 
 the United States of America subject to certain reservations, October 
 4, 1968; Accession approved by the President of the United States of 
 America, subject to said reservations, October 15, 1968; Accession of 
 the United States of America deposited with the Secretary-General of 
   the United Nations, with the said reservations, November 1, 1968; 
 Proclaimed by the President of the United States of America, November 
   6, 1968; Entered into force with respect to the United States of 
                       America, November 1, 1968

              Protocol Relating to the Status of Refugees

  The States Parties to the present Protocol,
---------------------------------------------------------------------------
    \1\ 19 UST 6223; TIAS 6577. For states which are party to the 
Protocol, see Department of State publication, Treaties in Force. See 
also material concerning migration and refugee assistance in 
Legislation on Foreign Relations, volume II-A.

    Considering that the Convention relating to the Status of 
Refugees done at Geneva on 28 July 1951 \2\ (hereinafter 
referred to as the Convention) covers only those persons who 
have become refugees as a result of events occurring before 1 
January 1951,
---------------------------------------------------------------------------
    \2\ 189 UNTS 150.

    Considering that the new refugee situations have arisen 
since the Convention was adopted and that the refugees 
concerned may therefore not fall within the scope of the 
---------------------------------------------------------------------------
Convention,

    Considering that it is desirable that equal status should 
be enjoyed by all refugees covered by the definition in the 
Convention irrespective of the dateline 1 January 1951,

    Have agreed as follows:

                               Article I

                           general provision

  1. The States Parties to the present Protocol undertake to 
apply articles 2 to 34 inclusive to the Convention to refugees 
as hereinafter defined.
  2. For the purpose of the present Protocol, the term 
``refugee'' shall, except as regards the application of 
paragraph 3 of this article, mean any person within the 
definition of article 1 of the Convention as if the words ``As 
a result of events occurring before 1 January 1951 and . . .'' 
and the words ``. . . as a result of such events'', in article 
1A(2) were omitted.
  3. The present Protocol shall be applied by the States 
Parties hereto without any geographic limitation, save that 
existing declarations made by States already Parties to the 
Convention in accordance with article 1B(1)(a) of the 
Convention, shall, unless extended under article 1B(2) thereof, 
apply also under the present Protocol.

                               Article II

    co-operation of the national authorities with the united nations

  1. The States Parties to the present Protocol undertake to 
co-operate with the Office of the United Nations High 
Commission for Refugees, or any other agency of the United 
Nations which may succeed it, in the exercise of its functions, 
and shall in particular facilitate its duty of supervising the 
application of the provisions of the present Protocol.
  2. In order to enable the Office of the High Commissioner, or 
any other agency of the United Nations which may succeed it, to 
make reports to the competent organs of the United Nations, the 
States Parties to the present Protocol undertake to provide 
them with the information and statistical data requested, in 
the appropriate form, concerning:
          (a) The condition of refugees;
          (b) The implementation of the present protocol;
          (c) Laws, regulations and decrees which are, or may 
        hereafter be, in force relating to refugees.

                              Article III

                  information on national legislation

  The States Parties to the present Protocol shall communicate 
to the Secretary-General of the United Nations the laws and 
regulations which they may adopt to ensure the application of 
the present Protocol.

                               Article IV

                         settlement of disputes

  Any dispute between States Parties to the present Protocol 
which relates to its interpretation or application and which 
cannot be settled by other means shall be referred to the 
International Court of Justice at the request of any one of the 
parties to the dispute.

                               Article V

                               accession

  The present Protocol shall be open for accession on behalf of 
all States Parties to the Convention and of any other State 
Member of the United Nations or member of any of the 
specialized agencies or to which an invitation to accede may 
have been addressed by the General Assembly of the United 
Nations. Accession shall be effected by the deposit of an 
instrument of accession with the Secretary-General of the 
United Nations.

                               Article VI

                             federal clause

  In the case of Federal or non-unitary State, the following 
provisions shall apply:
          (a) With respect to those articles of the Convention 
        to be applied in accordance with article I, paragraph 
        1, of the present Protocol that come within the 
        legislative jurisdiction of the federal legislative 
        authority, the obligations of the Federal Government 
        shall to this extent be the same as those of States 
        Parties which are not Federal States;
          (b) With respect to those articles of the Convention 
        to be applied in accordance with article I, paragraph 
        1, of the present Protocol that come within the 
        legislative jurisdiction of constituent States, 
        provinces or cantons which are not, under the 
        constitutional system of the federation, bound to take 
        legislative action, the Federal Government shall bring 
        such articles with a favourable recommendation to the 
        notice of the appropriate authorities of States, 
        provinces or cantons at the earliest possible moment;
          (c) A Federal State Party to the present Protocol 
        shall, at the request of any other State Party hereto 
        transmitted through the Secretary-General of the United 
        Nations, supply a statement of the law and practice of 
        the Federation and its constituent units in regard to 
        any particular provision of the Convention to be 
        applied in accordance with article I, paragraph 1, of 
        the present Protocol, showing the extent to which 
        effect has been given to that provision by legislative 
        or other action.

                              Article VII

                     reservations and declarations

  1. At the time of accession, any State may make reservations 
in respect of article IV of the present Protocol and in respect 
of the application in accordance with article I of the present 
Protocol of any provision of the Convention other than those 
contained in articles 1, 3, 4, 16(1) and 33 thereof, provided 
that in the case of a State Party to the Convention 
reservations made under this article shall not extend to 
refugees in respect of whom the Convention applies.
  2. Reservations made by the States Parties to the Convention 
in accordance with article 42 thereof shall, unless withdrawn, 
be applicable in relation to their obligations under the 
present Protocol.
  3. Any State making a reservation in accordance with 
paragraph 1 of this article may at any time withdraw such 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.
  4. Declaration made under article 40, paragraphs 1 and 2, of 
the Convention by a State Party thereto which accedes to the 
present Protocol shall be deemed to apply in respect of the 
present Protocol, unless upon accession a notification to the 
contrary is addressed by the State Party concerned to the 
Secretary-General of the United Nations. The provisions of 
article 40, paragraphs 2 and 3, and of article 44, paragraph 3, 
of the Convention shall be deemed to apply mutatis mutandis to 
the present Protocol.

                              Article VIII

                            entry into force

  1. The present Protocol shall come into force on the day of 
deposit of the sixth instrument of accession.
  2. For each State acceding to the Protocol after the deposit 
of the sixth instrument of accession, the Protocol shall come 
into force on the date of deposit by such State of its 
instrument of accession.

                               Article IX

                              denunciation

  1. Any State Party hereto may denounce this Protocol at any 
time by a notification addressed to the Secretary-General of 
the United Nations.
  2. Such denunciation shall take effect for the State Party 
concerned one year from the date on which it is received by the 
Secretary-General of the United Nations.

                               Article X

      notifications by the secretary-general of the united nations

  The Secretary-General of the United Nations shall inform the 
States referred to in article V above of the date of entry into 
force, accessions, reservations and withdrawals of reservations 
to and denunciations of the present Protocol, and of 
declarations and notifications relating hereto.

                               Article XI

    deposit in the archives of the secretariat of the united nations

  A copy of the present Protocol, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, signed by the President of the General Assembly and 
by the Secretary-General of the United Nations, shall be 
deposited in the archives of the Secretariat of the United 
Nations. The Secretary-General will transmit certified copies 
thereof to all States Members of the United Nations and to the 
other States referred to in article V above.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                           Reservation as Stated in Proclamation                           Whereas the Senate of the United States of America by its resolution of October 4, 1968, two-thirds
                          of the Senators present concurring therein, did advise and consent to accession to the Protocol with
                          the following reservations:
                             ``The United States of America construes Article 29 of the Convention as applying only to refugees
                            who are resident in the United States and reserves the right to tax refugees who are not residents
                            of the United States in accordance with its general rules relating to nonresident aliens.''
                             ``The United States of America accepts the obligation of paragraph 1(b) of Article 24 of the
                            Convention except insofar as that paragraph may conflict in certain instances with any provision of
                            title II (old age, survivors' and disability insurance) or title XVIII (hospital and medical
                            insurance for the aged) of the Social Security Act. As to any such provision, the United States will
                            accord to refugees lawfully staying in its territory treatment no less favorable than is accorded
                            aliens generally in the same circumstances.''--------------------------------------------------------------------------------------------------------------------------------------------------------

          b. Convention Relating to the Status of Refugees \1\

                     Done at Geneva, July 28, 1951

                                Preamble

  The High Contracting Parties,
---------------------------------------------------------------------------
    \1\ 19 UST 6260; TIAS 6577; 606 UNTS 267. The United States is not 
a party to this Convention. However, the United States is a party to 
the Protocol Relating to the Status of Refugees, which incorporates 
Articles 2 through 34 of this Convention. See also material concerning 
migration and refugee assistance in Legislation on Foreign Relations, 
volume II-A.

    Considering that the Charter of the United Nations and the 
Universal Declaration of Human Rights approved on 10 December 
1948 by the General Assembly have affirmed the principle that 
human beings shall enjoy fundamental rights and freedoms 
---------------------------------------------------------------------------
without discrimination,

    Considering that the United Nations has, on various 
occasions, manifested its profound concern for refugees and 
endeavored to assure refugees the widest possible exercise of 
these fundamental rights and freedoms,

    Considering that it is desirable to revise and consolidate 
previous international agreements relating to the status of 
refugees and to extend the scope of and the protection accorded 
by such instruments by means of a new agreement,

    Considering that the grant of asylum may place unduly heavy 
burdens on certain countries, and that a satisfactory solution 
of a problem of which the United Nations has recognized the 
international scope and nature cannot therefore be achieved 
without international co-operation,

    Expressing the wish that all States, recognizing the social 
and humanitarian nature of the problem of refugees, will do 
everything within their power to prevent this problem from 
becoming a cause of tension between States,

    Noting that the United Nations High Commissioner for 
Refugees is charged with the task of supervising international 
conventions providing for the protection of refugees, and 
recognizing that the effective co-ordination of measures taken 
to deal with this problem will depend upon the co-operation of 
States with the High Commissioner.

    Have agreed as follows:

                               Chapter I

                           GENERAL PROVISIONS

                               Article 1

                   Definition of the Term ``Refugee''

  A. For the purposes of the present Convention, the term 
``refugee'' shall apply to any person who:
          (1) Has been considered a refugee under the 
        Arrangements of 12 May 1926 \2\ and 30 June 1928 \3\ or 
        under the Conventions of 28 October 1933 \4\ and 10 
        February 1938,\5\ the Protocol of 14 September 1939 \6\ 
        or the Constitution of the International Refugee 
        Organization; \7\
---------------------------------------------------------------------------
    \2\ 89 LNTS 47.
    \3\ 89 LNTS 63.
    \4\ 159 LNTS 199.
    \5\ 192 LNTS 59.
    \6\ 198 LNTS 141.
    \7\ TIAS 1846; 62 Stat. (3) 3037.
---------------------------------------------------------------------------
          Decisions of non-eligibility taken by the 
        International Refugee Organization during the period of 
        its activities shall not prevent the status of refugee 
        being accorded to persons who fulfill the conditions of 
        paragraph 2 of this section;
          (2) As a result of events occurring before 1 January 
        1951 and owing to well-founded fear of being persecuted 
        for reasons of race, religion, nationality, membership 
        of a particular social group or political opinion, is 
        outside the country of his nationality and is unable 
        or, owing to such fear, is unwilling to avail himself 
        of the protection of that country; or who, not having a 
        nationality and being outside the country of his former 
        habitual residence as a result of such events, is 
        unable or, owing to such fear, is unwilling to return 
        to it.
          In the case of a person who has more than one 
        nationality, the term ``the country of his 
        nationality'' shall mean each of the countries of which 
        he is a national, and a person shall not be deemed to 
        be lacking the protection of the country of his 
        nationality if, without any valid reason based on well-
        founded fear, he has not availed himself of the 
        protection of one of the countries of which he is a 
        national.
  B. (1) For the purposes of this Convention, the words 
``events occurring before 1 January 1951'' in article 1, 
section A, shall be understood to mean either
          (a) ``events occuring in Europe before 1 January 
        1951''; or
          (b) ``events occurring in Europe or elsewhere before 
        1 January 1951'';
and each Contracting State shall make a declaration at the time 
of signature, ratification or accession, specifying which of 
these meanings it applies for the purpose of its obligations 
under this Convention.
  (2) Any Contracting State which has adopted alternative (a) 
may at any time extend its obligations by adopting alternative 
(b) by means of a notification addressed to the Secretary-
General of the United Nations.
  C. This Convention shall cease to apply to any person falling 
under the terms of section A if:
          (1) He has voluntarily re-availed himself of the 
        protection of the country of his nationality; or
          (2) Having lost his nationality, he has voluntarily 
        reacquired it; or
          (3) He has acquired a new nationality, and enjoys the 
        protection of the country of his new nationality; or
          (4) He has voluntarily re-established himself in the 
        country which he left or outside which he remained 
        owing to fear of persecution; or
          (5) He can no longer, because the circumstances in 
        connection with which he has been recognized as a 
        refugee have ceased to exist, continue to refuse to 
        avail himself of the protection of the country of his 
        nationality;
          Provided that this paragraph shall not apply to a 
        refugee falling under section A(1) of this article who 
        is able to invoke compelling reasons arising out of 
        previous persecution for refusing to avail himself of 
        the protection of the country of nationality;
          (6) Being a person who has no nationality he is, 
        because the circumstances in connexion with which he 
        has been recognized as a refugee have ceased to exist, 
        able to return to the country of his former habitual 
        residence;
          Provided that this paragraph shall not apply to a 
        refugee falling under section A(1) of this article who 
        is able to invoke compelling reasons arising out of 
        previous persecutions for refusing to return to the 
        country of his former habitual residence.
  D. This Convention shall not apply to persons who are at 
present receiving from organs or agencies of the United Nations 
other than the United Nations High Commissioner for Refugees 
protection or assistance.
  When such protection or assistance has ceased for any reason, 
without the position of such persons being definitively settled 
in accordance with the relevant resolutions adopted by the 
General Assembly of the United Nations, these persons shall 
ipso facto be entitled to the benefits of this Convention.
  E. This Convention shall not apply to a person who is 
recognized by the competent authorities of the country in which 
he has taken residence as having the rights and obligations 
which are attached to the possession of the nationality of that 
country.
  F. The provisions of this Convention shall not apply to any 
person with respect to whom there are serious reasons for 
considering that:
          (a) he has committed a crime against peace, a war 
        crime, or a crime against humanity, as defined in the 
        international instruments drawn up to make provision in 
        respect of such crimes;
          (b) he has committed a serious non-political crime 
        outside the country of refuge prior to his admission to 
        that country as a refugee;
          (c) he has been guilty of acts contrary to the 
        purposes and principles of the United Nations.

                               Article 2

                          General Obligations

  Every refugee has duties to the country in which he finds 
himself, which require in particular that he conform to its 
laws and regulations as well as to measures taken for the 
maintenance of public order.

                               Article 3

                           Non-discrimination

  The Contracting States shall apply the provisions of this 
Convention to refugees without discrimination as to race, 
religion or country of origin.

                               Article 4

                                Religion

  The Contracting States shall accord to refugees within their 
territories treatment at least as favourable as that accorded 
to their nationals with respect to freedom to practice their 
religion and freedom as regard the religious education of their 
children.

                               Article 5

               Rights Granted Apart from this Convention

  Nothing in this Convention shall be deemed to impair any 
rights and benefits granted by a Contracting State to refugees 
apart from this Convention.

                               Article 6

                 The Term ``in the same circumstances''

  For the purpose of this Convention, the term ``in the same 
circumstances'' implies that any requirements (including 
requirements as to length and conditions of sojourn or 
residence) which the particular individual would have to 
fulfill for the enjoyment of the right in question, if he were 
not a refugee, must be fulfilled by him, with the exception of 
requirements which by their nature a refugee is incapable of 
fulfilling.

                               Article 7

                       Exemption from Reciprocity

  1. Except where this Convention contains more favourable 
provisions, a Contracting State shall accord to refugees the 
same treatment as is accorded to aliens generally.
  2. After a period of three years' residence, all refugees 
shall enjoy exemption from legislative reciprocity in the 
territory of the Contracting States.
  3. Each Contracting State shall continue to accord to 
refugees the rights and benefits to which they were already 
entitled, in the absence of reciprocity, at the date of entry 
into force of this Convention for that State.
  4. The Contracting States shall consider favourably the 
possibility of according to refugees, in the absence of 
reciprocity, rights and benefits beyond those to which they are 
entitled according to paragraphs 2 and 3, and to extending 
exemption from reciprocity to refugees who do not fulfill the 
conditions provided for in paragraphs 2 and 3.
  5. The provisions of paragraphs 2 and 3 apply both to the 
rights and benefits referred to in articles 13, 18, 19, 21 and 
22 of this Convention and to rights and benefits for which this 
Convention does not provide.

                               Article 8

                  Exemption from Exceptional Measures

  With regard to exceptional measures which may be taken 
against the persons, property or interests of nationals of a 
foreign State, the Contracting States shall not apply such 
measures to a refugee who is formally a national of the said 
State solely on account of such nationality. Contracting States 
which, under their legislation, are prevented from applying the 
general principle expressed in this article, shall, in 
appropriate cases, grant exemptions in favour of such refugees.

                               Article 9

                          Provisional Measures

  Nothing in this Convention shall prevent a Contracting State, 
in time of war or other grave and exceptional circumstances, 
from taking provisionally measures which it considers to be 
essential to the national security in the case of a particular 
person, pending a determination by the Contracting State that 
that person is in fact a refugee and that the continuance of 
such measures is necessary in his case in the interests of 
national security.

                               Article 10

                        Continuity of Residence

  1. Where a refugee has been forcibly displaced during the 
Second World War and removed to the territory of a Contracting 
State, and is resident there, the period of such enforced 
sojourn shall be considered to have been lawful residence 
within that territory.
  2. Where a refugee has been forcibly displaced during the 
Second World War from the territory of a Contracting State and 
has, prior to the date of entry into force of this Convention, 
returned there for the purpose of taking up residence, the 
period of residence before and after such enforced displacement 
shall be regarded as one uninterrupted period for any purposes 
for which uninterrupted residence is required.

                               Article 11

                             Refugee Seamen

  In the case of refugees regularly serving as crew members on 
board a ship flying the flag of a Contracting State, that State 
shall give sympathetic consideration to their establishment on 
its territory and the issue of travel documents to them or 
their temporary admission to its territory particularly with a 
view to facilitating their establishment in another country.

                               Chapter II

                            JURIDICAL STATUS

                               Article 12

                            Personal Status

  1. The personal status of a refugee shall be governed by the 
law of the country of his domicile or, if he has no domicile, 
by the law of the country of his residence.
  2. Rights previously acquired by a refugee and dependent on 
personal status, more particularly rights attaching to 
marriage, shall be respected by a Contracting State, subject to 
compliance, if this be necessary, with the formalities required 
by the law of that State, provided that the right in question 
is one which would have been recognized by the law of that 
State had he not become a refugee.

                               Article 13

                     Movable and Immovable Property

  The Contracting States shall accord to a refugee treatment as 
favourable as possible and, in any event, not less favourable 
than that accorded to aliens generally in the same 
circumstances, as regards the acquisition of movable and 
immovable property and other rights pertaining thereto, and to 
leases and other contracts relating to movable and immovable 
property.

                               Article 14

                Artistic Rights and Industrial Property

  In respect to the protection of industrial property, such as 
inventions, designs or models, trade marks, trade names, and of 
rights in literary, artistic and scientific works, a refugee 
shall be accorded in the country in which he has his habitual 
residence the same protection as is accorded to nationals of 
that country. In the territory of any other Contracting State, 
he shall be accorded the same protection as is accorded in that 
territory to nationals of the country in which he has his 
habitual residence.

                               Article 15

                         Rights of Association

  As regards non-political and non-profitmaking associations 
and trade unions the Contracting States shall accord to 
refugees lawfully staying in their territory the most 
favourable treatment accorded to nationals of a foreign 
country, in the same circumstances.

                               Article 16

                            Access to Courts

  1. A refugee shall have free access to the courts of law on 
the territory of all Contracting States.
  2. A refugee shall enjoy in the Contracting State in which he 
has his habitual residence the same treatment as a national in 
matters pertaining to access to the Courts, including legal 
assistance and exemption from cautio judicatun solvi.
  3. A refugee shall be accorded in the matters referred to in 
paragraph 2 in countries other than that in which he has his 
habitual residence the treatment granted to a national of the 
country of his habitual residence.

                              Chapter III

                           GAINFUL EMPLOYMENT

                               Article 17

                        Wage-earning Employment

  1. The Contracting States shall accord to refugees lawfully 
staying in their territory the most favourable treatment 
accorded to nationals of a foreign country in the same 
circumstances, as regards the right to engage in wage-earning 
employment.
  2. In any case, restrictive measures imposed on aliens or the 
employment of aliens for the protection of the national labour 
market shall not be applied to a refugee who was already exempt 
from them at the date of entry into force of this Convention 
for the Contracting State concerned, or who fulfils one of the 
following conditions:
          (a) He has completed three years' residence in the 
        country.
          (b) He has a spouse possessing the nationality of the 
        country of residence. A refugee may not invoke the 
        benefit of this provision if he has abandoned his 
        spouse;
          (c) He has one or more children possessing the 
        nationality of the country of residence.
  3. The Contracting States shall give sympathetic 
consideration to assimilating the rights of all refugees with 
regard to wage-earning employment to those of nationals, and in 
particular of those refugees who have entered their territory 
pursuant to programmes of labour recruitment or under 
immigration schemes.

                               Article 18

                            Self-employment

  The Contracting States shall accord to a refugee lawfully in 
their territory treatment as favourable as possible and, in any 
event, not less favourable than that accorded to aliens 
generally in the same circumstances, as regards the right to 
engage on his own account in agriculture, industry, handicrafts 
and commerce and to establish commercial and industrial 
companies.

                               Article 19

                          Liberal Professions

  1. Each Contracting State shall accord to refugees lawfully 
staying in their territory who hold diplomas recognized by the 
competent authorities of that State, and who are desirous of 
practising a liberal profession, treatment as favourable as 
possible and, in any event, not less favourable than that 
accorded to aliens generally in the same circumstances.
  2. The Contracting States shall use their best endeavours 
consistently with their laws and constitutions to secure the 
settlement of such refugees in the territories, other than the 
metropolitan territory, for whose international relations they 
are responsible.

                               Chapter IV

                                WELFARE

                               Article 20

                               Rationing

  Where a rationing system exists, which applies to the 
population at large and regulates the general distribution of 
products in short supply, refugees shall be accorded the same 
treatment as nationals.

                               Article 21

                                Housing

  As regards housing, the Contracting States, in so far as the 
matter is regulated by laws or regulations or is subject to the 
control of public authorities, shall accord to refugees 
lawfully staying in their territory treatment as favourable as 
possible and, in any event, not less favourable than that 
accorded to aliens generally in the same circumstances.

                               Article 22

                            Public Education

  1. The Contracting States shall accord to refugees the same 
treatment as is accorded to nationals with respect to 
elementary education.
  2. The Contracting States shall accord to refugees treatment 
as favourable as possible, and, in any event, not less 
favourable than that accorded to aliens generally in the same 
circumstances, with respect to education other than elementary 
education and, in particular, as regards access to studies, the 
recognition of foreign school certificates, diplomas and 
degrees, the remission of fees and charges and the award of 
scholarships.

                               Article 23

                             Public Relief

  The Contracting States shall accord to refugees lawfully 
staying in their territory the same treatment with respect to 
public relief and assistance as is accorded to their nationals.

                               Article 24

                 Labour Legislation and Social Security

  1. The Contracting States shall accord to refugees lawfully 
staying in their territory the same treatment as is accorded to 
nationals in respect of the following matters:
          (a) In so far as such matters are governed by laws or 
        regulations or are subject to the control of 
        administrative authorities: remuneration, including 
        family allowances where these form part of 
        remuneration, hours of work, overtime arrangements, 
        holidays with pay, restrictions on home work, minimum 
        age of employment, apprenticeship and training, women's 
        work and the work of young persons, and the enjoyment 
        of the benefits of collective bargaining;
          (b) Social security (legal provisions in respect of 
        employment injury, occupational diseases, maternity, 
        sickness, disability, old age, death, unemployment, 
        family responsibilities and any other contingency 
        which, according to national laws or regulations, is 
        covered by a social security scheme), subject to the 
        following limitations;
                  (i) There may be appropriate arrangements for 
                the maintenance of acquired rights and rights 
                in course of acquisition;
                  (ii) National laws or regulations of the 
                country of residence may prescribe special 
                arrangements concerning benefits or portions of 
                benefits which are payable wholly out of public 
                funds, and concerning allowances paid to 
                persons who do not fulfill the contribution 
                conditions prescribed for the award of a normal 
                pension.
  2. The right to compensation for the death of a refugee 
resulting from employment injury or from occupational disease 
shall not be affected by the fact that the residence of the 
beneficiary is outside the territory of the Contracting State.
  3. The Contracting States shall extend to refugees the 
benefits of agreements concluded between them, or which may be 
concluded between them in the future, concerning the 
maintenance of acquired rights and rights in the process of 
acquisition in regard to social security, subject only to the 
conditions which apply to nationals of the States signatory to 
the agreements in question.
  4. The Contracting States will give sympathetic consideration 
to extending to the refugees so far as possible the benefits of 
similar agreements which may at any time be in force between 
such Contracting States and noncontracting States.

                               Chapter V

                        ADMINISTRATIVE MEASURES

                               Article 25

                       Administrative Assistance

  1. When the exercise of a right by a refugee would normally 
require the assistance of authorities of a foreign country to 
whom he cannot have recourse, the Contracting States in whose 
territory he is residing shall arrange that such assistance be 
afforded to him by their own authorities or by an international 
authority.
  2. The authority or authorities mentioned in paragraph 1 
shall deliver or cause to be delivered under their supervision 
to refugees such documents or certifications as would normally 
be delivered to aliens by or through their national 
authorities.
  3. Documents or certifications so delivered shall stand in 
the stead of the official instruments delivered to aliens by or 
through their national authorities, and shall be given credence 
in the absence of proof to the contrary.
  4. Subject to such exceptional treatment as may be granted to 
indigent persons fees may be charged for the services mentioned 
herein, but such fees shall be moderate and commensurate with 
those charged to nationals for similar services.
  5. The provisions of this article shall be without prejudice 
to articles 27 and 28.

                               Article 26

                          Freedom of Movement

  Each Contracting State shall accord to refugees lawfully in 
its territory the right to choose their place of residence and 
to move freely within its territory, subject to any regulations 
applicable to aliens generally in the same circumstances.

                               Article 27

                            Identity Papers

  The Contracting States shall issue identity papers to any 
refugee in their territory who does not possess a valid travel 
document.

                               Article 28

                            Travel Documents

  1. The Contracting States shall issue to refugees lawfully 
staying in their territory travel documents for the purpose of 
travel outside their territory, unless compelling reasons of 
national security or public order otherwise require, and the 
provisions of the Schedule to this Convention shall apply with 
respect to such documents. The Contracting States may issue 
such a travel document to any other refugee in their territory; 
they shall in particular give sympathetic consideration to the 
issue of such a travel document to refugees in their territory 
who are unable to obtain a travel document from the country of 
their lawful residence.
  2. Travel documents issued to refugees under previous 
international agreements by parties thereto shall be recognized 
and treated by the Contracting States in the same way as if 
they had been issued pursuant to this article.

                               Article 29

                             Fiscal Charges

  1. The Contracting States shall not impose upon refugees 
duties, charges or taxes, of any description whatsoever, other 
or higher than those which are or may be levied on their 
nationals in similar situations.
  2. Nothing in the above paragraph shall prevent the 
application to refugees of the laws and regulations concerning 
charges in respect of the issue to aliens of administrative 
documents including identity papers.

                               Article 30

                           Transfer of Assets

  1. A Contracting State shall, in conformity with its laws and 
regulations, permit refugees to transfer assets which they have 
brought into its territory, to another country where they have 
been admitted for the purposes of resettlement.
  2. A Contracting State shall give sympathetic consideration 
to the application of refugees for permission to transfer 
assets wherever they may be and which are necessary for their 
resettlement in another country to which they have been 
admitted.

                               Article 31

              Refugees Unlawfully in the Country of Refuge

  1. The Contracting States shall not impose penalties, on 
account of their illegal entry or presence, on refugees who, 
coming directly from a territory where their life or freedom 
was threatened in the sense of article 1, enter or are present 
in their territory without authorization, provided they present 
themselves without delay to the authorities and show good cause 
for their illegal entry or presence.
  2. The Contracting States shall not apply to the movements of 
such refugees restrictions other than those which are necessary 
and such restrictions shall only be applied until their status 
in the country is regularized or they obtain admission into 
another country. The Contracting States shall allow such 
refugees a reasonable period and all the necessary facilities 
to obtain admission into another country.

                               Article 32

                               Expulsion

  1. The Contracting States shall not expel a refugee lawfully 
in their territory save on grounds of national security or 
public order.
  2. The expulsion of such a refugee shall be only in pursuance 
of a decision reached in accordance with due process of law. 
Except where compelling reasons of national security otherwise 
require, the refugee shall be allowed to submit evidence to 
clear himself, and to appeal to and be represented for the 
purpose before competent authority or a person or persons 
specially designated by the competent authority.
  3. The Contracting States shall allow such a refugee a 
reasonable period within which to seek legal admission into 
another country. The Contracting States reserve the right to 
apply during that period such internal measures as they may 
deem necessary.

                               Article 33

          Prohibition of Expulsion or Return (``Refoulement'')

  1. No Contracting State shall expel or return (``refouler'') 
a refugee in any manner whatsoever to the frontiers of 
territories where his life or freedom would be threatened on 
account of his race, religion, nationality, membership of a 
particular social group or political opinion.
  2. The benefit of the present provision may not, however, be 
claimed by a refugee whom there are reasonable grounds for 
regarding as a danger to the security of the country in which 
he is, or who, having been convicted by a final judgment of a 
particularly serious crime, constitutes a danger to the 
community of that country.

                               Article 34

                             Naturalization

  The Contracting States shall as far as possible facilitate 
the assimilation and naturalization of refugees. They shall in 
particular make every effort to expedite naturalization 
proceedings and to reduce as far as possible the charges and 
costs of such proceedings.

                               Chapter VI

                  EXECUTORY AND TRANSITORY PROVISIONS

                               Article 35

    Co-operation of the National Authorities with the United Nations

  1. The Contracting States undertake to co-operate with the 
Office of the United Nations High Commissioner for Refugees, or 
any other agency of the United Nations which may succeed it, in 
the exercise of its functions, and shall in particular 
facilitate its duty of supervising the application of the 
provisions of this Convention.
  2. In order to enable the Office of the High Commissioner or 
any other agency of the United Nations which may succeed it, to 
make reports to the competent organs of the United Nations, the 
Contracting States undertake to provide them in the appropriate 
form with information and statistical data requested 
concerning:
          (a) the condition of refugees,
          (b) the implementation of this Convention, and
          (c) laws, regulations and decrees which are, or may 
        hereafter be, in force relating to refugees.

                               Article 36

                  Information on National Legislation

  The Contracting States shall communicate to the Secretary-
General of the United Nations the laws and regulations which 
they may adopt to ensure the application of this Convention.

                               Article 37

                    Relation to Previous Convention

  Without prejudice to article 28, paragraph 2, of this 
Convention, this Convention replaces, as between parties to it, 
the Arrangements of 5 July 1922,\8\ 31 May 1924, 12 May 1926, 
30 June 1928 and 30 July 1935, the Conventions of 28 October 
1933 and 10 February 1938, the Protocol of 14 September 1939 
and the Agreement of 15 October 1946.\9\
---------------------------------------------------------------------------
    \8\ 13 LNTS 237.
    \9\ 11 LNTS 73.
---------------------------------------------------------------------------

                              Chapter VII

                             FINAL CLAUSES

                               Article 38

                         Settlement of Disputes

  Any dispute between parties to this Convention relating to 
its interpretation of application, which cannot be settled by 
other means, shall be referred to the International Court of 
Justice at the request of any one of the parties to the 
dispute.

                               Article 39

                 Signature, Ratification and Accession

  1. This Convention shall be opened for signature at Geneva on 
28 July 1951 and shall thereafter be deposited with the 
Secretary-General of the United Nations. It shall be open for 
signature at the European Office of the United Nations from 28 
July to 31 August 1951 and shall be re-opened for signature at 
the Headquarters of the United Nations from 17 September 1951 
to 31 December 1952.
  2. This Convention shall be open for signature on behalf of 
all States Members of the United Nations, and also on behalf of 
any other State invited to attend the Conference of 
Plenipotentiaries on the Status of Refugees and Stateless 
Persons or to which an invitation to sign will have been 
addressed by the General Assembly. It shall be ratified and the 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.
  3. This Convention shall be open from 28 July 1951 for 
accession by the States referred to in paragraph 2 of this 
article. Accession shall be effected by the deposit of an 
instrument of accession with the Secretary-General of the 
United Nations.

                               Article 40

                     Territorial Application Clause

  1. Any State may, at the time of signature, ratification or 
accession, declare that this Convention shall extend to all or 
any of the territories for the international relations of which 
it is responsible. Such a declaration shall take effect when 
the Convention enters into force for the State concerned.
  2. At any time thereafter any such extension shall be made by 
notification addressed to the Secretary-General of the United 
Nations and shall take effect as from the ninetieth day after 
the day of receipt by the Secretary-General of the United 
Nations of this notification, or as from the date of entry into 
force of the Convention for the State concerned, whichever is 
the later.
  3. With respect to those territories to which this Convention 
is not extended at the time of signature, ratification or 
accession, each State concerned shall consider the possibility 
of taking the necessary steps in order to extend the 
application of this Convention to such territories, subject, 
where necessary for constitutional reasons, to the consent of 
the Government of such territories.

                               Article 41

                             Federal Clause

  In the case of a Federal or non-unitary State, the following 
provisions shall apply:
          (a) With respect to those articles of this Convention 
        that come within the legislative jurisdiction of the 
        federal legislative authority, the obligations of the 
        Federal Government shall to this extent be the same as 
        those of Parties which are not Federal States;
          (b) With respect to those articles of this Convention 
        that come within the legislative jurisdiction of 
        constituent States, provinces or cantons which are not, 
        under the constitutional system of the federation, 
        bound to take legislative action, the Federal 
        Government shall bring such articles with a favourable 
        recommendation to the notice of the appropriate 
        authorities of States, provinces or cantons at the 
        earliest possible moment.
          (c) A Federal State Party to this Convention shall, 
        at the request of any other Contracting State 
        transmitted through the Secretary-General of the United 
        Nations, supply a statement of the law and practice of 
        the Federation and its constituent units in regard to 
        any particular provision of the Convention showing the 
        extent to which effect has been given to that provision 
        by legislative or other action.

                               Article 42

                              Reservations

  1. At the time of signature, ratification or accession, any 
State may make reservations to articles of the Convention other 
than to articles 1, 3, 4, 16(I), 33, 36-46 inclusive.
  2. Any State making a reservation in accordance with 
paragraph 1 of this article may at any time withdraw the 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.

                               Article 43

                            Entry into Force

  1. This Convention shall come into force on the ninetieth day 
following the day of deposit of the sixth instrument of 
ratification or accession.
  2. For each State ratifying or acceding to the Convention 
after the deposit of the sixth instrument of ratification or 
accession, the Convention shall enter into force on the 
ninetieth day following the date of deposit by such State of 
its instrument of ratification or accession.

                               Article 44

                              Denunciation

  1. Any Contracting State may denounce this Convention at any 
time by a notification addressed to the Secretary-General of 
the United Nations.
  2. Such denunciation shall take effect for the Contracting 
State concerned one year from the date upon which it is 
received by the Secretary-General of the United Nations.
  3. Any State which has made a declaration or notification 
under article 40 may, at any time thereafter, by a notification 
to the Secretary-General of the United Nations, declare that 
the Convention shall cease to extend to such territory one year 
after the date of receipt of the notification by the Secretary-
General.

                               Article 45

                                Revision

  1. Any Contracting State may request revision of this 
Convention at any time by a notification addressed to the 
Secretary-General of the United Nations.
  2. The General Assembly of the United Nations shall recommend 
the steps, if any, to be taken in respect of such request.

                               Article 46

      Notifications by the Secretary-General of the United Nations

  The Secretary-General of the United Nations shall inform all 
Members of the United Nations and non-member States referred to 
in article 39:
          (a) Of declaration and notifications in accordance 
        with section B of article 1;
          (b) Of signature, ratifications and accessions in 
        accordance with article 39;
          (c) Of declarations and notifications in accordance 
        with article 40;
          (d) Of reservations and withdrawals in accordance 
        with article 42;
          (e) Of the date on which this Convention will come 
        into force in accordance with article 43;
          (f) Of denunciations and notifications in accordance 
        with article 44;
          (g) Of requests for revision in accordance with 
        article 45.

  In faith whereof the undersigned, duly authorized, have 
signed this Convention on behalf of their respective 
Governments,

  Done at Geneva, this twenty-eighth day of July, one thousand 
nine hundred and fifty-one, in a single copy, of which the 
English and French texts are equally authentic and which shall 
remain deposited in the archives of the United Nations, and 
certified true copies of which shall be delivered to all 
Members of the United Nations and to the non-member States 
referred to in article 39.

                                SCHEDULE

                              Paragraph 1

  1. The travel document referred to in article 28 of this 
Convention shall be similar to the specimen annexed hereto.
  2. The document shall be made out in at least two languages, 
one of which shall be English or French.

                              Paragraph 2

  Subject to the regulations obtaining in the country of issue, 
children may be included in the travel document of a parent or, 
in exceptional circumstances, of another adult refugee.

                              Paragraph 3

  The fees charged for issue of the document shall not exceed 
the lowest scale of charges for national passports.

                              Paragraph 4

  Save in special or exceptional cases, the document shall be 
made valid for the largest possible number of countries.

                              Paragraph 5

  The document shall have a validity of either one or two 
years, at the discretion of the issuing authority.

                              Paragraph 6

  1. The renewal or extension of the validity of the document 
is a matter for the authority which issued it, so long as the 
holder has not established lawful residence in another 
territory and resides lawfully in the territory of the said 
authority. The issue of a new document is, under the same 
conditions, a matter for the authority which issued the former 
document.
  2. Diplomatic or consular authorities, specially authorized 
for the purpose, shall be empowered to extend, for a period not 
exceeding six months, the validity of travel documents issued 
by their Governments.
  3. The Contracting States shall give sympathetic 
consideration to renewing or extending the validity of travel 
documents or issuing new documents to refugees no longer 
lawfully resident in their territory who are unable to obtain a 
travel document from the country of their lawful residence.

                              Paragraph 7

  The Contracting States shall recognize the validity of the 
documents issued in accordance with the provisions of article 
28 of this Convention.

                              Paragraph 8

  The competent authorities of the country to which the refugee 
desires to proceed shall, if they are prepared to admit him and 
if a visa is required, affix a visa on the document of which he 
is the holder.

                              Paragraph 9

  1. The Contracting States undertake to issue transit visas to 
refugees who have obtained visas for a territory of final 
destination.
  2. The issue of such visas may be refused on grounds which 
would justify refusal of a visa to any alien.

                              Paragraph 10

  The fees for the issue of exit, entry or transit visas shall 
not exceed the lowest scale of charges for visas on foreign 
passports.

                              Paragraph 11

  When a refugee has lawfully taken up residence in the 
territory of another Contracting State, the responsibility for 
the issue of a new document, under the terms and conditions of 
article 28, shall be that of the competent authority of that 
territory, to which the refugee shall be entitled to apply.

                              Paragraph 12

  The authority issuing a new document shall withdraw the old 
document and shall return it to the country of issue if it is 
stated in the document that it should be so returned; otherwise 
it shall withdraw and cancel the document.

                              Paragraph 13

  1. Each Contracting State undertakes that the holder of a 
travel document issued by it in accordance with article 28 of 
this Convention shall be readmitted to its territory at any 
time during the period of its validity.
  2. Subject to the provisions of the preceding sub-paragraph, 
a Contracting State may require the holder of the document to 
comply with such formalities as may be prescribed in regard to 
exit from or return to its territory.
  3. The Contracting States reserve the right, in exceptional 
cases, or in cases where the refugee's stay is authorized for a 
specific period, when issuing the document, to limit the period 
during which the refugee may return to a period of not less 
than three months.

                              Paragraph 14

  Subject only to the terms of paragraph 13, the provisions of 
this Schedule in no way affect the laws and regulations 
governing the conditions of admission to, transit through, 
residence and establishment in, and departure from, the 
territories of the Contracting States.

                              Paragraph 15

  Neither the issue of the document nor the entries made 
thereon determine or affect the status of the holder, 
particularly as regards nationality.

                              Paragraph 16

  The issue of the document does not in any way entitle the 
holder to the protection of the diplomatic or consular 
authorities of the country of issue, and does not confer on 
these authorities a right of protection.
=======================================================================


     E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

                                CONTENTS

                                                                   Page

 1. Agreement for Facilitating the International Circulation of 
    Visual and Auditory Materials of an Educational, Scientific, 
    and Cultural Character (Beirut Agreement of 1949)............   178
 2. Agreement on the Importation of Educational, Scientific, and 
    Cultural Materials (Florence Agreement), with Reservation and 
    Associated Protocol..........................................   184
 3. Protocol to the Agreement on the Importation of Educational, 
    Scientific, and Cultural Materials...........................   193

=======================================================================

      
 1. Agreement for Facilitating the International Circulation of Visual 
   and Auditory Materials of an Educational, Scientific and Cultural 
                Character (Beirut Agreement of 1949) \1\

 Agreement and Protocol opened for signature at Lake Success July 15, 
   1949; Signed on behalf of the United States, September 13, 1949; 
   Ratification advised by the Senate, May 26, 1960; Ratified by the 
    President, September 30, 1966; Acceptance by the United States 
deposited with the Secretary-General of the United Nations October 14, 
1966; Proclaimed by the President, October 14, 1966; Date of entry into 
       force with respect to the United States, January 12, 1967

  The Governments of the States signatory to the present 
Agreement,
---------------------------------------------------------------------------
    \1\ 17 UST 1578; TIAS 6116; 197 UNTS 3. For a list of states which 
are parties to the Agreement, see Department of State publication, 
Treaties in Force.

  Being convinced that in facilitating the international 
circulation of visual and auditory materials of an educational, 
scientific and cultural character, the free flow of ideas by 
word and image will be promoted and the mutual understanding of 
peoples thereby encouraged, in conformity with the aims of the 
United Nations Educational, Scientific and Cultural 
---------------------------------------------------------------------------
Organization,

  Have agreed as follows:

                               Article I

  The present Agreement shall apply to visual and auditory 
materials of the types specified in article II which are of an 
educational, scientific or cultural character.
  Visual and auditory materials shall be deemed to be of an 
educational, scientific or cultural character:
          (a) When their primary purpose or effect is to 
        instruct or inform through the development of a subject 
        or aspect of a subject, or when their content is such 
        as to maintain, increase or diffuse knowledge, and 
        augment international understanding and good will; and
          (b) When the materials are representative, authentic, 
        and accurate; and
          (c) When the technical quality is such that it does 
        not interfere with the use made of the material.

                               Article II

  The provisions of the preceding Article shall apply to visual 
and auditory materials of the following types and forms:
          (a) Films, filmstrips and microfilm in either 
        negative form, exposed and developed, or positive form, 
        printed and developed;
          (b) Sound recordings of all types and forms;
          (c) Glass slides; models, static and moving; wall 
        charts, maps and posters.
  These materials are hereinafter referred to as material.

                              Article III

  1. Each of the contracting States shall accord, within six 
months from the coming into force of the present Agreement with 
respect to that State exemption from all Customs duties and 
quantitative restrictions and from the necessity of applying 
for an import license in respect of the importation, either 
permanent or temporary, of material originating in the 
territory of any of the other contracting States.
  2. Nothing in this Agreement shall exempt material from those 
taxes, fees, charges or exactions which are imposed on the 
import of all articles without exception and without regard to 
their nature and origin, even though such articles are exempt 
from customs duties; such taxes, fees and exactions shall 
include, but are not limited to, nominal statistical fees and 
stamp duties.
  3. Material entitled to the privileges provided by paragraph 
1 of this article shall be exempt, in the territory of the 
country of entry, from all internal taxes, fees, charges or 
exactions other or higher than those imposed on like products 
of that country, and shall be accorded treatment no less 
favourable than that accorded like products of that country in 
respect of all internal laws, regulations or requirements 
affecting its sale, transportation or distribution or affecting 
its processing, exhibition or other use.
  4. Nothing in this Agreement shall require any contracting 
State to deny the treatment provided for in this article to 
like material of an educational, scientific or cultural 
character originating in any State not a party to this 
Agreement in any case in which the denial of such treatment 
would be contrary to an international obligation or to the 
commercial policy of such contracting State.

                               Article IV

  1. To obtain the exemption, provided under the present 
Agreement for material for which admission into the territory 
of a contracting State is sought, a certificate that such 
material is of an educational, scientific or cultural character 
within the meaning of article I, shall be filed in connection 
with the entry.
  2. The certificate shall be issued by the appropriate 
governmental agency of the State wherein the material to which 
the certificate relates originated, or by the United Nations 
Educational, Scientific and Cultural Organization as provided 
for in paragraph 3 of this article, and in the forms annexed 
hereto. The prescribed forms of certificate may be amended or 
revised upon mutual agreement of the contracting States, 
provided such amendment or revision is in conformity with the 
provisions of this Agreement.
  3. Certificates shall be issued by the United Nations 
Educational, Scientific and Cultural Organization for material 
of educational, scientific or cultural character produced by 
international organizations recognized by the United Nations or 
by any of the specialized agencies.
  4. On the filing of any such certificate, there will be a 
decision by the appropriate governmental agency of the 
contracting State into which entry is sought as to whether the 
material is entitled to the privilege provided by article III, 
paragraph 1, of the present Agreement. This decision shall be 
made after consideration of the material and through the 
application of the standards provided in article I. If, as a 
result of that consideration, such agency of the contracting 
State into which entry is sought intends not to grant the 
privileges provided by article III, paragraph 1, to that 
material because it does not concede its educational, 
scientific and cultural character, the Government of the State 
which certified the material, or UNESCO, as the case may be, 
shall be notified prior to any final decision in order that it 
may make friendly representations in support of the exemption 
of that material to the Government of the other State into 
which entry is sought.
  5. The governmental agency of the contracting State into 
which entry is sought shall be entitled to impose regulations 
upon the importer of the material to ensure that it shall only 
be exhibited or used for non-profit-making purposes.
  6. The decision of the appropriate governmental agency of the 
contracting State into which entry is sought, provided for in 
paragraph 4 of this article shall be final, but in making its 
decision the said agency shall give due consideration to any 
representations made to it by the Government certifying the 
material or by UNESCO as the case may be.

                               Article V

  Nothing in the present Agreement shall affect the right of 
the contracting States to censor material in accordance with 
their own laws or to adopt measures to prohibit or limit the 
importation of material for reasons of public security or 
order.

                               Article VI

  Each of the contracting States shall send to the United 
Nations Educational, Scientific and Cultural Organization a 
copy of each certificate which it issues to material 
originating within its own territory and shall inform the 
United Nations Educational, Scientific and Cultural 
Organization of the decisions taken and the reasons for any 
refusals in respect of certified materials from other 
contracting States for which entry is sought into its own 
territory. The United Nations Educational, Scientific and 
Cultural Organization shall communicate this information to all 
contracting States and shall maintain and publish in English 
and French catalogues of material showing all the 
certifications and decisions made in respect of them.

                              Article VII

  The contracting States undertake jointly to consider means of 
reducing to a minimum the restrictions that are not removed by 
the present Agreement which might interfere with the 
international circulation of the material referred to in 
article I.

                              Article VIII

  Each contracting State shall communicate to the United 
Nations Educational, Scientific and Cultural Organization, 
within the period of six months following the coming into force 
of the present Agreement the measures taken in their respective 
territories to ensure the execution of the provisions of the 
present Agreement. The United Nations Educational, Scientific 
and Cultural Organization shall communicate this information as 
it receives it to all contracting States.

                               Article IX

  1. All disputes arising out of the interpretation or 
application of the present Agreement between States which are 
both parties to the Statute of the International Court of 
Justice,\2\ except as to Articles IV and V, shall be referred 
to the International Court of Justice unless in any specific 
case it is agreed by the parties to have recourse to another 
mode of settlement.
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1055.
---------------------------------------------------------------------------
  2. If the contracting States between which a dispute has 
arisen are not parties or any one of them is not party to the 
Statute of the International Court of Justice, the dispute 
shall, if the States concerned so desire, be submitted, in 
accordance with the constitutional rules of each of them, to an 
arbitral tribunal established in conformity with the Convention 
for the Pacific Settlement of International Disputes signed at 
The Hague on 18 October 1907,\3\ or to any other arbitral 
tribunal.
---------------------------------------------------------------------------
    \3\ TS 536; 36 Stat. 2199.
---------------------------------------------------------------------------

                               Article X

  The present Agreement is open to acceptance by the signatory 
States. The instrument of acceptance shall be deposited with 
the Secretary-General of the United Nations who shall notify 
all the Members of the United States of each deposit and the 
date thereof.

                               Article XI

  1. On or after 1 January 1950 any Member of the United 
Nations not a signatory to the present Agreement, and any non-
member State to which a certified copy of the present Agreement 
has been communicated by the Secretary-General of the United 
Nations, may accede to it.
  2. The instrument of accession shall be deposited with the 
Secretary-General of the United Nations, who shall notify all 
the Members of the United Nations and the non-Member States, 
referred to in the preceding paragraph, of each deposit and the 
date thereof.

                              Article XII

  1. The present Agreement shall come into force ninety days 
after the Secretary-General of the United Nations has received 
at least ten instruments of acceptance or accession in 
accordance with article X or article XI. As soon as possible 
thereafter the Secretary-General shall draw up a proces-verbal 
specifying the date on which, in accordance with this 
paragraph, the present Agreement shall have come into force.
  2. In respect of each State on behalf of which an instrument 
of acceptance or accession is subsequently deposited, the 
present Agreement shall come into force ninety days after the 
date of the deposit of such instrument.
  3. The present Agreement shall be registered with the 
Secretary-General of the United Nations on the day of its entry 
into force in accordance with article 102 of the Charter \4\ 
and the regulations made thereunder by the General Assembly.
---------------------------------------------------------------------------
    \4\ TS 993; 59 Stat. 1052.
---------------------------------------------------------------------------

                              Article XIII

  1. The present Agreement may be denounced by any contracting 
State after the expiration of a period of three years from the 
date on which it comes into force in respect of that particular 
State.
  2. The denunciation of the Agreement by any contracting 
States shall be effected by a written notification addressed by 
that State to the Secretary-General of the United Nations who 
shall notify all the Members of the United Nations and all non-
member States referred to in article XI of each notification 
and the date of the receipt thereof.
  3. The denunciation shall take effect one year after the 
receipt of the notification by the Secretary-General of the 
United Nations.

                              Article XIV

  1. Any contracting State may declare, at the time of 
signature, acceptance, or accession, that in accepting the 
present Agreement it is not assuming any obligation in respect 
of all or any territories, for which such contracting State has 
international obligations. The present Agreement shall, in that 
case, not be applicable to the territories named in the 
declaration.
  2. The contracting States in accepting the present Agreement 
do not assume responsibility in respect of any or all Non-Self-
Governing territories for which they are responsible but may 
notify the acceptance of the Agreement by any or all of such 
territories at the time of acceptance by such contracting 
States or at any time thereafter. The present Agreement shall, 
in such cases, apply to all the territories named in the 
notification ninety days after the receipt thereof by the 
Secretary-General of the United Nations.
  3. Any contracting State may at any time after the expiration 
of the period of three years provided for in article XIII 
declare that it desires the present Agreement to cease to apply 
to all or any territories for which such contracting State has 
international obligations or to any or all Non-Self-Governing 
territories for which it is responsible. The present Agreement 
shall, in that case, cease to apply to the territories named in 
the declaration six months after the receipt thereof by the 
Secretary-General of the United Nations.
  4. The Secretary-General of the United Nations shall 
communicate to all the Members of the United Nations and to all 
non-member States referred to in article XI the declarations 
and notifications received in virtue of the present article, 
together with the dates of the receipt thereof.

                               Article XV

  Nothing in this Agreement shall be deemed to prohibit the 
contracting States from entering into agreements or 
arrangements with the United Nations or any of its specialized 
agencies which would provide for facilities, exemptions, 
privileges or immunities with respect to material emanating 
from or sponsored by the United Nations or by any of its 
specialized agencies.

                              Article XVI

  The original of the present Agreement shall be deposited in 
the archives of the United Nations and shall be opened for 
signature at Lake Success on 15 July 1949 where it shall remain 
open for signature until 31 December 1949. Certified copies of 
the present Agreement shall be furnished by the Secretary-
General of the United Nations to each of the Members of the 
United Nations and to such other Governments as may be 
designated by agreement between the Economic and Social Council 
of the United Nations and the Executive Board of the United 
Nations Educational, Scientific and Cultural Organization.

  In witness whereof, the undersigned plenipotentiaries, having 
deposited their full powers found to be in due and proper form, 
sign the present Agreement in the English and French languages, 
each being equally authentic, on behalf of their respective 
Governments, on the dates appearing opposite their respective 
signatures.
2. Agreement on the Importation of Educational, Scientific and Cultural 
 Materials (Florence Agreement), with Reservation and Annexed Protocol 
                                  \1\

 Agreement and Protocol opened for signature at Lake Success November 
    22, 1950; Signed on behalf of the United States, June 24, 1959; 
Ratification advised by the Senate, February 23, 1960; Ratified by the 
    President, October 14, 1966; Ratification of the United States 
deposited with the Secretary General of the United Nations, November 2, 
1966; Proclaimed by the President, November 3, 1966; Entered into force 
          with respect to the United States, November 2, 1966

                                Preamble

  The contracting States,
---------------------------------------------------------------------------
    \1\ 17 UST 1835; TIAS 6129; 131 UNTS 25. For a list of states which 
are parties to the Agreement, see Department of State publication, 
Treaties in Force.

    Considering that the free exchange of ideas and knowledge 
and, in general, the widest possible dissemination of the 
diverse forms of self-expression used by civilizations are 
vitally important both for intellectual progress and 
international understanding, and consequently for the 
---------------------------------------------------------------------------
maintenance of world peace;

    Considering that this interchange is accomplished primarily 
by means of books, publications and educational, scientific and 
cultural materials;

    Considering that the Constitution of the United Nations 
Educational, Scientific and Cultural Organization urges co-
operation between nations in all branches of intellectual 
activity, including ``the exchange of publications, objects of 
artistic and scientific interest and other materials of 
information'' and provides further that the Organization shall 
``collaborate in the work of advancing the mutual knowledge and 
understanding of peoples, though all means of mass 
communication and to that end recommend such international 
agreements as may be necessary to promote the flow of ideas by 
word and image'';

    Recognize that these aims will be effectively furthered by 
an international agreement facilitating the free flow of books, 
publications and educational, scientific and cultural 
materials; and

    Have, therefore, agreed to the following provisions:

                               Article I

  1. The contracting States undertake not to apply customs 
duties or other charges on, or in connection with, the 
importation of:
          (a) Books, publications and documents, listed in 
        annex A to this Agreement;
          (b) Educational, scientific and cultural materials, 
        listed in annexes B, C, D and E to this Agreement;
which are the products of another contracting State, subject to 
the conditions laid down in those annexes.
  2. The provisions of paragraph 1 of this article shall not 
prevent any contracting State from levying on imported 
materials:
          (a) Internal taxes or any other internal charges of 
        any kind, imposed at the time of importation or 
        subsequently, not exceeding those applied directly or 
        indirectly to like domestic products;
          (b) Fees and charges, other than customs duties, 
        imposed by governmental authorities on, or in 
        connection with, importation, limited in amount to the 
        approximate cost of the services rendered, and 
        representing neither an indirect protection to domestic 
        products nor a taxation of imports for revenue 
        purposes.

                               Article II

  1. The contracting States undertake to grant the necessary 
licences and/or foreign exchange for the importation of the 
following articles:
          (a) Books and publications consigned to public 
        libraries and collections and to the libraries and 
        collections of public educational, research or cultural 
        institutions;
          (b) Official government publications, that is, 
        official parliamentary and administrative documents 
        published in their country of origin;
          (c) Books and publications of the United Nations or 
        any of its specialized agencies;
          (d) Books and publications received by the United 
        Nations Educational, Scientific and Cultural 
        Organization and distributed free of charge by it or 
        under its supervision;
          (e) Publications intended to promote tourist travel 
        outside the country of importation, sent and 
        distributed free of charge;
          (f) Articles for the blind:
                  (i) Books, publications and documents of all 
                kinds in raised characters for the blind;
                  (ii) Other articles specially designed for 
                the educational, scientific or cultural 
                advancement of the blind, which are imported 
                directly by institutions or organizations 
                concerned with the welfare of the blind, 
                approved by the competent authorities of the 
                importing country for the purpose of duty-free 
                entry of these types of articles.
  2. The contracting States which at any time apply 
quantitative restrictions and exchange control measures 
undertake to grant, as far as possible, foreign exchange and 
licenses necessary for the importation of other educational, 
scientific or cultural materials, and particularly the 
materials referred to in the annexes to this Agreement.

                              Article III

  1. The contracting States undertake to give every possible 
facility to the importation of educational, scientific or 
cultural materials, which are imported exclusively for showing 
at a public exhibition approved by the competent authorities of 
the importing country and for subsequent re-exportation. These 
facilities shall include the granting of the necessary licenses 
and exemption from customs duties and internal taxes and 
charges of all kinds payable on importation, other than fees 
and charges corresponding to the approximate cost of services 
rendered.
  2. Nothing in this article shall prevent the authorities of 
an importing country from taking such steps as may be necessary 
to ensure that the materials in question shall be re-exported 
at the close of their exhibition.

                               Article IV

  The contracting States undertake that they will as far as 
possible:
          (a) Continue their common efforts to promote by every 
        means the free circulation of educational, scientific 
        or cultural materials, and abolish or reduce any 
        restrictions to that free circulation which are not 
        referred to in this Agreement;
          (b) Simplify the administrative procedure governing 
        the importation of educational, scientific or cultural 
        materials;
          (c) Facilitate the expeditious and safe customs 
        clearance of educational, scientific or cultural 
        materials.

                               Article V

  Nothing in this Agreement shall affect the right of 
contracting States to take measures, in conformity with their 
legislation, to prohibit or limit the importation, or the 
circulation after importation, of articles on grounds relating 
directly to national security, public order or public morals.

                               Article VI

  This Agreement shall not modify or affect the laws and 
regulations of any contracting State or any of its 
international treaties, conventions, agreements or 
proclamations, with respect to copyright, trademarks or 
patents.

                              Article VII

  Subject to the provisions of any previous conventions to 
which the contracting States may have subscribed for the 
settlement of disputes, the contracting States undertake to 
have recourse to negotiations or conciliation, with a view to 
settlement of any disputes regarding the interpretation or the 
application of this Agreement.

                              Article VIII

  In case of a dispute between contracting States relating to 
the educational, scientific or cultural character of imported 
materials, the interested Parties may, by common agreement, 
refer it to the Director-General of the United Nations 
Educational, Scientific and Cultural Organization for an 
advisory opinion.

                               Article IX

  1. This Agreement, of which the English and French texts are 
equally authentic, shall bear today's date and remain open for 
signature by all Member States of the United Nations 
Educational, Scientific and Cultural Organization, all Member 
States of the United Nations and any non-member State to which 
an invitation may have been addressed by the Executive Board of 
the United Nations Educational, Scientific and Cultural 
Organization.
  2. The Agreement shall be ratified on behalf of the signatory 
States in accordance with their respective constitutional 
procedures.
  3. The instruments of ratification shall be deposited with 
the Secretary-General of the United Nations.

                               Article X

  The States referred to in paragraph 1 of article IX may 
accept this Agreement from 22 November 1950. Acceptance shall 
become effective on the deposit of a formal instrument with the 
Secretary-General of the United Nations.

                               Article XI

  This Agreement shall come into force on the date on which the 
Secretary-General of the United Nations receives instruments of 
ratification or acceptance from ten States.

                              Article XII

  1. The States Parties to this Agreement on the date of its 
coming into force shall each take all the necessary measures 
for its fully effective operation within a period of six months 
after that date.
  2. For States which may deposit their instruments of 
ratification or acceptance after the date of the Agreement 
coming into force, these measures shall be taken within a 
period of three months from the date of deposit.
  3. Within one month of the expiration of the periods 
mentioned in paragraphs 1 and 2 of this article, the 
contracting States to this Agreement shall submit a report to 
the United Nations Educational, Scientific and Cultural 
Organization of the measures which they have taken for such 
fully effective operation.
  4. The United Nations Educational, Scientific and Cultural 
Organization shall transmit this report to all signatory States 
to this Agreement and to the International Trade Organization 
(provisionally, to its Interim Commission).

                              Article XIII

  Any contracting State may, at the time of signature or the 
deposit of its instrument of ratification or acceptance, or at 
any time thereafter, declare by notification addressed to the 
Secretary-General of the United Nations that this Agreement 
shall extend to all or any of the territories for the conduct 
of whose foreign relations that contracting State is 
responsible.

                              Article XIV

  1. Two years after the date of the coming into force of this 
Agreement, any contracting State may, on its own behalf or on 
behalf of any of the territories for the conduct of whose 
foreign relations that contracting State is responsible, 
denounce this Agreement by an instrument in writing deposited 
with the Secretary-General of the United Nations.
  2. The denunciation shall take effect one year after the 
receipt of the instrument of denunciation.

                               Article XV

  The Secretary-General of the United Nations shall inform the 
States referred to in paragraph 1 of Article IX, as well as the 
United Nations Educational, Scientific and Cultural 
Organization, and the International Trade Organization 
(provisionally, its Interim Commission), of the deposit of all 
the instruments of ratification and acceptance provided for in 
articles IX and X, as well as of the notifications and 
denunciations provided for respectively in articles XIII and 
XIV.

                              Article XVI

  At the request of one-third of the contracting States to this 
Agreement, the Director-General of the United Nations 
Educational, Scientific and Cultural Organization shall place 
on the agenda of the next session of the General Conference of 
that Organization, the question of convoking a meeting for the 
revision of this Agreement.

                              Article XVII

  Annexes A, B, C, D, and E, as well as the Protocol annexed to 
this Agreement are hereby made an integral part of this 
Agreement.

                             Article XVIII

  1. In accordance with Article 102 of the Charter of the 
United Nations,\2\ this Agreement shall be registered by the 
Secretary-General of the United Nations on the date of its 
coming into force.
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1052.
---------------------------------------------------------------------------
  2. In faith whereof the undersigned, duly authorized, have 
signed this Agreement on behalf of their respective 
Governments.

  Done at Lake Success, New York, this twenty-second day of 
November one thousand nine hundred and fifty in a single copy, 
which shall remain deposited in the archives of the United 
Nations, and certified true copies of which shall be delivered 
to all the States referred to in paragraph 1 of article IX, as 
well as to the United Nations Educational, Scientific and 
Cultural Organization and to the International Trade 
Organization (provisionally, to its Interim Commission).

                                Annex A

                   Books, Publications and Documents

  (i) Printed books.
  (ii) Newspapers and periodicals.
  (iii) Books and documents produced by duplicating processes 
other than printing.
  (iv) Official government publications, that is, official, 
parliamentary and administrative documents published in their 
country of origin.
  (v) Travel posters and travel literature (pamphlets, guides, 
timetables, leaflets and similar publications), whether 
illustrated or not, including those published by private 
commercial enterprises, whose purpose is to stimulate travel 
outside the country of importation.
  (vi) Publications whose purpose is to stimulate study outside 
the country of importation.
  (vii) Manuscripts, including typescripts.
  (viii) Catalogues of books and publications, being books and 
publications offered for sale by publishers or booksellers 
established outside the country of importation.
  (ix) Catalogues of films, recordings or other visual and 
auditory material of an educational, scientific or cultural 
character, being catalogues issued by or on behalf of the 
United Nations or any of its specialized agencies.
  (x) Music in manuscript or printed form, or reproduced by 
duplicating processes other than printing.
  (xi) Geographical, hydrographical or astronomical maps and 
charts.
  (xii) Architectural, industrial or engineering plans and 
designs, and reproductions thereof, intended for study in 
scientific establishments or educational institutions approved 
by the competent authorities of the importing country for the 
purpose of duty-free admission of these types of articles.
  (The exemptions provided by annex A shall not apply to:
  (a) Stationery;
  (b) Books, publications and documents (except catalogues, 
travel posters and travel literature referred to above) 
published by or for a private commercial enterprise, 
essentially for advertising purposes;
  (c) Newspapers and periodicals in which the advertising 
matter is in excess of 70 per cent by space;
  (d) All other items (except catalogues referred to above) in 
which the advertising matter is in excess of 25 per cent by 
space. In the case of travel posters and literature, this 
percentage shall apply only to private commercial advertising 
matter.)

                                Annex B

 Works of Art and Collectors' Pieces of an Educational, Scientific or 
                           Cultural Character

  (i) Paintings and drawings, including copies, executed 
entirely by hand, but excluding manufactured decorated wares.
  (ii) Hand-printed impressions, produced from hand-engraved or 
hand-etched blocks, plates or other material, and signed and 
numbered by the artist.
  (iii) Original works of art of statuary or sculpture, whether 
in the round, in relief, or in intaglio, excluding mass-
produced reproductions and works of conventional craftsmanship 
of a commercial character.
  (iv) Collectors' pieces and objects or art consigned to 
public galleries, museums and other public institutions, 
approved by the competent authorities of the importing country 
for the purpose of duty-free entry of these types of articles, 
not intended for resale.
  (v) Collections and collectors' pieces in such scientific 
fields as anatomy, zoology, botany, mineralogy, palaeontology, 
archaeology and ethnography, not intended for resale.
  (vi) Antiques, being articles in excess of 100 years of age.

                                Annex C

Visual and Auditory Materials of an Educational, Scientific or Cultural 
                               Character

  (i) Films, filmstrips, microfilms, and slides of an 
educational, scientific or cultural character, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting organizations), approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of these types of articles, exclusively for 
exhibition by these organizations or by other public or private 
educational, scientific or cultural institutions or societies 
approved by the aforesaid authorities.
  (ii) Newsreels (with or without sound track), depicting 
events of current news value at the time of importation, and 
imported in either negative form, exposed and developed, or 
positive form, printed and developed, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting organizations) approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of such films, provided that free entry may be 
limited to two copies of each subject for copying purposes.
  (iii) Sound recordings of an educational, scientific or 
cultural character for use exclusively in public or private 
educational, scientific or cultural institutions or societies 
(including, at the discretion of the importing country, 
broadcasting organizations) approved by the competent 
authorities of the importing country for the purpose of duty-
free admission of these types of articles.
  (iv) Films, filmstrips, microfilms and sound recordings of an 
educational, scientific or cultural character produced by the 
United Nations or any of its specialized agencies.
  (v) Patterns, models and wall charts for use exclusively for 
demonstrating and teaching purposes in public or private 
educational, scientific or cultural institutions approved by 
the competent authorities of the importing country for the 
purpose of duty-free admission of these types of articles.

                                Annex D

                  Scientific Instruments or Apparatus

  Scientific instruments or apparatus, intended exclusively for 
educational purposes or pure scientific research, provided:
          (a) That such scientific instruments or apparatus are 
        consigned to public or private scientific or 
        educational institutions approved by the competent 
        authorities of the importing country for the purpose of 
        duty-free entry of these types of articles, and used 
        under the control and responsibility of these 
        institutions;
          (b) That instruments or apparatus of equivalent 
        scientific value are not being manufactured in the 
        country of importation.

                                Annex E

                         Articles for the Blind

  (i) Books, publications and documents of all kinds in raised 
characters for the blind.
  (ii) Other articles specially designed for the educational, 
scientific or cultural advancement of the blind, which are 
imported directly by institutions or organizations concerned 
with the welfare of the blind, approved by the competent 
authorities of the importing country for the purpose of duty-
free entry of these types of articles.
                              ----------                              


 Protocol Annexed to the Agreement on the Importation of Educational, 
                   Scientific and Cultural Materials

  The contracting States,

  In the interest of facilitating the participation of the 
United States of America in the Agreement on the Importation of 
Educational, Scientific and Cultural Materials, have agreed to 
the following:
          1. The United States of America shall have the option 
        of ratifying this Agreement, under article IX, or of 
        accepting it, under article X, with the inclusion of 
        the reservation hereunder.
          2. In the event of the United States of America 
        becoming Party to this Agreement with the reservation 
        provided for in the preceding paragraph 1, the 
        provisions of that reservation may be invoked by the 
        Government of the United States of America with regard 
        to any of the contracting States to this Agreement, or 
        by any contracting State with regard to the United 
        States of America, provided that any measure imposed 
        pursuant to such reservation shall be applied on a non-
        discriminatory basis.

                       (text of the reservation)

  (a) If, as a result of the obligations incurred by a 
contracting State under this Agreement, any product covered by 
this Agreement is being imported into the territory of a 
contracting State in such relatively increased quantities and 
under such conditions as to cause or threaten serious injury to 
the domestic industry in that territory producing like or 
directly competitive products, the contracting State, under the 
conditions provided for by paragraph 2 above, shall be free, in 
respect of such product and to the extent and for such time as 
may be necessary to prevent or remedy such injury, to suspend, 
in whole or in part, any obligation under this Agreement with 
respect to such product.
  (b) Before any contracting State shall take action pursuant 
to the provisions of paragraph (a) above, it shall give notice 
in writing to the United Nations Educational, Scientific and 
Cultural Organization as far in advance as may be practicable 
and shall afford the Organization and the contracting States 
which are Parties to this Agreement an opportunity to consult 
with it in respect of the proposed action.
  (c) In critical circumstances where delay would cause damage 
which it would be difficult to repair, action under paragraph 
(a) above may be taken provisionally without prior 
consultation, on the condition that consultation be effected 
immediately after taking such action.
    3. Protocol to the Agreement on the Importation of Educational, 
                 Scientific and Cultural Materials \1\

   Adopted at Nairobi November 26, 1976; Opened for signature at the 
 United Nations March 1, 1977; Signed on behalf of the United States, 
October 25, 1982; Ratification of the United States deposited with the 
  Secretary General of the United Nations, May 5, 1989; Entered into 
       force with respect to the United States, November 15, 1989

    The contracting States parties to the Agreement on the 
Importation of Educational Scientific and Cultural Materials, 
adopted by the General Conference of the United Nations 
Educational, Scientific and Cultural Organization at its fifth 
session held in Florence in 1950,
---------------------------------------------------------------------------
    \1\ Senate Treaty Doc. 97-2. This Protocol amends and substantially 
expands the Agreement on the Importation of Educational Scientific and 
Cultural Materials (Florence Agreement) by (1) extending the exemption 
from customs duties to additional materials listed in nine Annexes; (2) 
by providing optional provisions regarding internal charges or taxes on 
certain products; and (3) by providing an optional provision (in Part 
IV) for the furnishing of import licenses and foreign exchange for 
additional items not previously covered.

    Reaffirming the principles on which the Agreement, 
---------------------------------------------------------------------------
hereinafter called ``the Agreement,'' is based,

    Considering that this Agreement has proved to be an 
effective instrument in lowering customs barriers and reducing 
other economic restrictions that impede the exchange of ideas 
and knowledge,

    Considering, nevertheless, that in the quarter of a century 
following the adoption of the Agreement, technical progress has 
changed the ways and means of transmitting information and 
knowledge, which is the fundamental objective of that 
Agreement,

    Considering, further, that the developments that have taken 
place in the field of international trade during this period 
have, in general, been reflected in greater freedom of 
exchanges,

    Considering that since the adoption of the Agreement, the 
international situation has changed radically owing to the 
development of the international community, in particular 
through accession of many States to independence,

    Considering that the needs and concerns of the developing 
countries should be taken into consideration, with a view to 
giving them easier and less costly access to education, 
science, technology and culture,

    Recalling the provisions of the Convention on the means of 
prohibiting and preventing the illicit import, export and 
transfer of ownership of cultural property, adopted by the 
General Conference of UNESCO in 1970, and those of the 
Convention concerning the protection of the world cultural and 
natural heritage, adopted by the General Conference in 1972,

    Recalling, moreover, the customs conventions concluded 
under the auspices of the Custom Co-operation Council, in 
consultation with the United Nations Educational, Scientific 
and Cultural Organization, concerning the temporary importation 
of educational, scientific and cultural materials,

    Convinced that the new arrangements should be made and that 
such arrangements will contribute even more effectively to the 
development of education, science and culture which constitute 
the essential bases of economic and social progress,

    Recalling resolution 4.112 adopted by the General 
Conference of UNESCO at its eighteenth session,

    Have agreed as follows:

                                   i

    1. The contracting States undertake to extend to the 
materials listed in annexes A, B, D, and E and also, where the 
annexes in question have not been the subject of a declaration 
under the paragraph 16(a) below, annexes C.1, F, G and H, to 
the present Protocol exemption from customs duties and other 
charges on, or in connection with their importation, as set out 
in article I, Paragraph 1, of the Agreement, provided such 
materials fulfill the conditions laid down in these annexes and 
are the products of another contracting State.
    2. The provisions of paragraph 1 of this Protocol shall not 
prevent any contracting State from levying on imported 
materials:
          (a) internal taxes or any other internal charges of 
        any kind, imposed at the time of importation or 
        subsequently, not exceeding those applied directly or 
        indirectly to like domestic products;
          (b) fees and charges, other than customs duties, 
        imposed by governmental or administrative authorities 
        on, or in connection with, importation, limited in 
        amount to the approximate cost of the services 
        rendered, and representing neither an indirect 
        protection to domestic products nor a taxation of 
        imports for revenue purposes.

                                   ii

    3. Notwithstanding paragraph 2(a) of this Protocol, the 
contracting States undertake not to levy on the materials 
listed below any internal taxes or other internal charges of 
any kind, imposed at the time of importation or subsequently:
          (a) books and publications consigned to the libraries 
        referred to in paragraph 5 of this Protocol;
          (b) official, parliamentary and administrative 
        documents published in their country of origin:
          (c) books and publications of the United Nations or 
        any of its specialized agencies;
          (d) books and publications received by the United 
        Nations Educational, Scientific and Cultural 
        Organization and distributed free of charge by it or 
        under its supervision;
          (e) publications intended to promote tourist travel 
        outside the country of importation, sent and 
        distributed free of charge;
          (f) articles for the blind and other physically and 
        mentally handicapped persons:
                  (i) books, publications and documents of all 
                kinds in raised characters for the blind;
                  (ii) other articles specially designed for 
                the educational, scientific or cultural 
                advancement of the blind and other physically 
                or mentally handicapped persons which are 
                imported directly by institutions or 
                organizations concerned with the education of, 
                or assistance to the blind and other physically 
                or mentally handicapped persons approved by the 
                competent authorities of the importing country 
                for the purpose of duty-free entry of these 
                types of articles.

                                  iii

    4. The contracting States undertake not to levy on the 
articles and materials referred to in the annexes to this 
Protocol any customs duties, export duties or duties levied on 
goods leaving the country, or other internal taxes of any kind, 
levied on such articles and materials when they are intended 
for export to other contracting States.

                                   iv

    5. The contracting States undertake to extend the granting 
of the necessary licenses and/or foreign exchange provided for 
in article II, paragraph 1, of the Agreement, to the 
importation of the following materials:
          (a) books and publications consigned to libraries 
        serving the public interest, including the following:
                  (i) national libraries and other major 
                research libraries;
                  (ii) general and specialized academic 
                libraries, including university libraries, 
                college libraries, institute libraries and 
                university extra-mural libraries;
                  (iii) public libraries;
                  (iv) school libraries;
                  (v) special libraries serving a group of 
                readers who form an entity, having particular 
                and identifiable subjects of interest, such as 
                government libraries, public authority 
                libraries, industrial libraries, and libraries 
                of professional bodies;
                  (vi) libraries for the handicapped and for 
                readers who are unable to move around, such as 
                libraries for the blind, hospital libraries and 
                prison libraries;
                  (vii) music libraries, including record 
                libraries;
          (b) books adopted or recommended as textbooks in 
        higher educational establishments and imported by such 
        establishments;
          (c) books in foreign languages, with the exception of 
        books in the principle native language or languages of 
        the importing country;
          (d) films, slides, video-tapes and sound recordings 
        of an educational, scientific or cultural nature, 
        imported by organizations approved by the competent 
        authorities of the importing country for the purpose of 
        duty-free entry of these types of articles.

                                   v

    6. The contracting States undertake to extend the granting 
of the facilities provided for in article III of the Agreement 
to materials and furniture imported exclusively for showing at 
a public exhibition of objects of an educational, scientific or 
cultural nature approved by the competent authorities of the 
importing country and for subsequent re-exportation.
    7. Nothing in the foregoing paragraph shall prevent the 
authorities of an importing country from taking such steps as 
may be necessary to ensure that the materials and furniture in 
question will in fact be re-exported at the close of the 
exhibition.

                                   vi

    8. The contracting States undertake:
          (a) to extend to the importation of the articles 
        covered by the present Protocol the provisions of 
        article IV of the Agreement;
          (b) to encourage through appropriate measures the 
        free flow and distribution of educational, scientific 
        and cultural objects and materials produced in the 
        developing countries.

                                  vii

    9. Nothing in this Protocol shall affect the right of 
contracting States to take measures, in conformity with their 
legislation, to prohibit or limit the importation of articles, 
or their circulation after importation, on grounds relating 
directly to national security, public order or public morals.
    10. Notwithstanding other provisions of this Protocol, a 
developing country, which is defined as such by the practice 
established by the General Assembly of the United Nations and 
which is a party to the Protocol, may suspend or limit the 
obligations under this Protocol relating to importation of any 
object or material if such importation causes or threatens to 
cause serious injury to the nascent indigenous industry in that 
developing country. The country concerned shall implement such 
action in an non-discriminatory manner. It shall notify the 
Director-General of the United Nations Educational, Scientific 
and Cultural Organization of any such action, as far as 
practicable in advance of implementation, and the Director-
General of the United Nations Educational, Scientific and 
Cultural Organization shall notify all Parties to the Protocol.
    11. This Protocol shall not modify or affect the laws and 
regulations of any contracting State or any of its 
international treaties, conventions, agreements or 
proclamations, with respect to copyright, trade marks or 
patents.
    12. Subject to the provisions of any previous conventions 
to which they may have subscribed for the settlements of 
disputes, the contracting States undertake to have recourse to 
negotiation or conciliation with a view to settlement of any 
disputes regarding the interpretation of application of this 
Protocol.
    13. In case of a dispute between contracting States 
relating to the educational, scientific or cultural character 
of imported materials, the interested parties may, by common 
agreement refer it to the Director-General of the United 
Nations Educational, Scientific and Cultural Organization for 
an advisory opinion.

                                  viii

    14. (a) This Protocol, of which the English and French 
texts are equally authentic, shall bear today's date and shall 
be open to signature by all States Parties to the Agreement, as 
well as by customs or economic unions, provided that all the 
member States constituting them are also Parties to the 
Protocol.
    The term ``State'' or ``Country'' as used in this Protocol, 
or in the Protocol referred to in paragraph 18, shall be taken 
to refer also, as the context may require, to the customs or 
economics unions and, in all matters which fall within their 
competence with regard to the scope of this Protocol, to the 
whole of the territories of the member States which constitute 
them, and not to the territory of each of those States.
    It is understood that, in becoming a contracting Party to 
this Protocol, such customs or economics unions will also apply 
the provisions of the Agreement on the same basis as is 
provided in the preceding paragraph with respect to the 
Protocol.
    (b) This Protocol shall be subject to ratification or 
acceptance by the signatory States in accordance with their 
respective constitutional procedures.
    (c) The instruments of ratification or acceptance shall be 
deposited with the Secretary-General of the United Nations.
    15. (a) The States referred to in paragraph 14(a) which are 
not signatories of this Protocol may accede to this Protocol.
    (b) Accession shall be effected by the deposit of a formal 
instrument with the Secretary-General of the United Nations.
    16. (a) The States referred to in paragraph 14 (a) of this 
Protocol may, at the time of signature, ratification, 
acceptance, or accession, declare that they will not be bound 
by part II, part IV, annex C.1, annex F, annex G, and annex H, 
or by any of those parts or annexes. They may also declare that 
they will not be bound by annex C.1 only in respect of 
contracting States which have themselves accepted that annex.
    (b) Any contracting State which has made such a declaration 
may withdraw it, in whole or in part, at any timely 
notification to the Secretary-General of the United Nations, 
specifying the date on which such withdrawal takes effect.
    (c) States which have declared, in accordance with 
subparagraph (a) of this paragraph, that they will not be bound 
by annex C.1 shall necessarily be bound by annex C.2. Those 
which have declared that they will be bound by annex C.1 only 
in respect of contracting States which have themselves accepted 
that annex shall necessarily be bound by annex C.2 in respect 
of contracting States which have not accepted annex C.1.
    17. (a) This Protocol shall come into force six months 
after the date of deposit of the fifth instrument of 
ratification, acceptance, or accession with the Secretary-
General of the United Nations.
    (b) It shall come into force for every other State six 
months after the date of the deposit of its instrument of 
ratification, acceptance or accession.
    (c) Within one month following the expiration of the 
periods mentioned in subparagraphs (a) and (b) of this 
paragraph, the contracting States to this Protocol shall submit 
a report to the United Nations Educational, Scientific and 
Cultural Organization on the measures which they have taken to 
give full effect to the Protocol.
    (d) The United Nations Educational, Scientific, and 
Cultural Organization shall transmit these reports to all 
States Parties to this Protocol.
    18. The Protocol annexed to the Agreement, and made an 
integral part thereof, as provided for in article XVII of the 
Agreement, is hereby made an integral part of this Protocol and 
shall apply to obligations incurred under this Protocol and to 
products covered by this Protocol.
    19. (a) Two years after the date of the coming into force 
of this Protocol, any contracting State may denounce this 
Protocol by an instrument in writing deposited with the 
Secretary-General of the United Nations.
    (b) The denunciation shall take effect one year after the 
receipt of the instrument of denunciation.
    (c) Denunciation of the Agreement pursuant to article XIV 
thereof shall automatically imply denunciation of this 
Protocol.
    20. The Secretary-General of the United Nations shall 
inform the States referred to in paragraph 14(a), as well as 
the United Nations Educational, Scientific and Cultural 
Organization, of the deposit of all the instruments of 
ratification, acceptance or accession referred to in paragraphs 
14 and 15; of declarations made and withdrawn under paragraph 
16 of the dates of entry into force of this Protocol in 
accordance with paragraph 17 (a) and (b); and of the 
denunciations provided for in paragraph 19.
    21. (a) This Protocol may be revised by the General 
Conference of the United Nations Educational, Scientific and 
Cultural Organization. Any such revision, however, shall be 
binding only upon States that become parties to the revising 
Protocol.
    (b) Should the General Conference adopt a new protocol 
revising this Protocol either totally or in part, and unless 
the new protocol provides otherwise, the present Protocol shall 
cease to be open to signature, ratification, acceptance or 
accession as from the date of the coming into force of the new 
revising protocol.
    22. This Protocol shall not change or modify the Agreement.
    23. Annexes A, B, C.1, C.2, D, E, F, G and H are hereby 
made an integral part of this Protocol.
    24. In accordance with Article 102 of the Charter of the 
United Nations, this Protocol shall be registered by the 
Secretary-General of the United Nations on the date of its 
coming into force.

    In faith whereof the undersigned, duly authorized, have 
signed this Protocol on behalf of their respective Governments.

    Done at United Nations Headquarters, New York, this first 
day of March one thousand nine hundred and seventy-seven, in a 
single copy.

                                annex a

Books, publications and documents

    (i) Printed books, irrespective of the language in which 
they are printed and whatever amount of space given over to 
illustrations, including the following:
          (a) luxury editions;
          (b) books printed abroad from the manuscript of an 
        author resident in the importing country;
          (c) children's drawing and painting books;
          (d) school exercise books (workbooks) with printed 
        texts and blank spaces to be filled in by the pupils;
          (e) crossword puzzle books containing printed texts;
          (f) loose illustrations and printed pages in the form 
        of loose or bound sheets and reproduction proofs or 
        reproductions films to be used for the production of 
        books.
    (ii) Printed documents or reports of an non-commercial 
character.
    (iii) Microforms of the articles listed under items (i) and 
(ii) of this annex, as well as of those listed under items (i) 
to (vi) of annex A to the Agreement.
    (iv) Catalogues of films, recordings or other visual and 
auditory material of a educational, scientific or cultural 
character.
    (v) Maps and charts of interest in scientific fields such 
as geology, zoology, botany, mineralogy, palaeontology, 
archaeology, ethnology, meteorology, climatology and 
geophysics, and also meteorological and geophysical diagrams.
    (vi) Architectural, industrial or engineering plans and 
designs and reproductions thereof.
    (vii) Bibliographical information material for distribution 
free of charge.

                                annex b

Works of art and collectors' pieces of an educational, scientific or 
        cultural character

    (i) Paintings and drawings, whatever the nature of the 
materials on which they have been executed entirely by hand, 
including copies executed by hand, but excluding manufactured 
decorated wares.
    (ii) Ceramics and mosaics on wood, being original works of 
art.
    (iii) Collectors' pieces and objects of art consigned to 
galleries, museums and other institutions approved by the 
competent authorities of the importing country for the purpose 
of duty-free entry of those types of materials, on condition 
they are not resold.

                               annex c.1

Visual and auditory materials

    (i) Films,\2\ filmstrips, microforms and slides.
---------------------------------------------------------------------------
    \2\ The duty-free entry of exposed and developed cinematographic 
films for public commercial exhibition or sale may be limited to 
negatives, it being understood that this limitation shall not apply to 
films (including newsreels) when admitted duty-free under the 
provisions of annex C.2 to this Protocol.
---------------------------------------------------------------------------
    (ii) Sound recordings.
    (iii) Patterns, models and wall charts of an educational, 
scientific or cultural character, except toy models.
    (iv) Other visual and auditory materials, such as:
          (a) video-tapes, kinescopes, video-discs, videograms 
        and other forms of visual and sound recordings;
          (b) microcards, microfiches and magnetic or other 
        information storage media required in computerized 
        information and documentation services;
          (c) materials for programmed instruction, which may 
        be presented in kit form, with the corresponding 
        printed materials, including video-cassettes and audio-
        cassettes;
          (d) transparencies, including those intended for 
        direct projection or for viewing through optical 
        devices;
          (e) holograms for laser projection;
          (f) mock-ups or visualizations of abstract concepts 
        such as molecular structures or mathematical formulae;
          (g) multi-media kits;
          (h) materials for the promotion of tourism, including 
        those produced by private concerns, designed to 
        encourage the public to travel outside the country of 
        importation.
    The exemptions provided for in the present annex C.1 shall 
not apply to:
          (a) unused microform stock and unused visual and 
        auditory recording media and their specific packaging 
        such as cassettes, cartridges, reels;
          (b) visual and auditory recordings with the exception 
        of materials for the promotion of tourism covered by 
        paragraph (iv) (h), produced by or for a private 
        commercial enterprise, essentially for advertising 
        purposes;
          (c) visual and auditory recordings in which the 
        advertising matter is in excess of 25 percent by time. 
        In the case of materials for the promotion of tourism 
        covered by paragraph (iv) (h), this percentage applies 
        only to private commercial publicity.

                               annex c.2

Visual and auditory materials of an educational, scientific or cultural 
        character

    Visual and auditory materials of an educational, 
scientific, or cultural character, when imported by 
organizations (including, at the discretion of the importing 
country, broadcasting and television organizations) or by any 
other public or private institution or association, approved by 
the competent authorities of the importing country for the 
purpose of duty-free admission of these types of materials or 
when produced by the United Nations or any of its specialized 
agencies and including the following:
          (i) films, filmstrips, microfilms and slides;
          (ii) newsreels (with or without sound track) 
        depicting events of current news value at the time of 
        importation, and imported in either negative form, 
        exposed and developed, or positive form, printed and 
        developed, it being understood that duty free entry may 
        be limited to two copies of each subject for copying 
        purposes;
          (iii) archival film materials (with or without sound 
        track) intended for use in connection with newsreel 
        films;
          (iv) recreational films particularly suited for 
        children and youth;
          (v) sound recordings;
          (vi) video-tapes, kinescopes, video-discs, videograms 
        and other forms of visual and sound recordings;
          (vii) microcards, microfiches and magnetic or other 
        information storage media required in computerized 
        information and documentation services;
          (viii) materials for programmed instruction, which 
        may be presented in kit form, with the corresponding 
        printed materials, including video-cassettes and audio-
        cassettes;
          (ix) transparencies, including those intended for 
        direct projection or for viewing through optical 
        devices;
          (x) holograms for laser projection;
          (xi) mock-ups or visualizations of abstract concepts 
        such as molecular structures or mathematical formulae;
          (xii) multi-media kits.

                                annex d

Scientific instruments or apparatus

    (i) Scientific instruments or apparatus, provided:
          (a) that they are consigned to public or private 
        scientific or educational institutions approved by the 
        competent authorities of the importing country for the 
        purposes of duty-free entry of these types of articles, 
        and used for non-commercial purposes under the control 
        and responsibility of these institutions;
          (b) that instruments or apparatus of equivalent 
        scientific value are not being manufactured in the 
        country of importation.
    (ii) Spare parts, components or accessories specifically 
matching scientific instruments or apparatus, provided these 
spare parts, components or accessories are imported at the same 
time as such instruments and apparatus, or if imported 
subsequently, that they are identifiable as intended for 
instruments or apparatus previously admitted duty-free or 
entitled to duty-free entry.
    (iii) Tools to be used for the maintenance, checking, 
gauging, or repair of scientific instruments, provided these 
tools are imported at the same time as such instruments and 
apparatus or, if imported subsequently, that they are 
identifiable as intended for the specific instruments or 
apparatus previously admitted duty-free or entitled to duty-
free entry, and further provided that tools of equivalent 
scientific value are not being manufactured in the country of 
importation.

                                annex e

Articles for the blind and other handicapped persons

    (i) All articles specially designed for the educational, 
scientific or cultural advancement of the blind which are 
imported directly by institutions or organizations concerned 
with the education of, or assistance to, the blind, approved by 
the competent authorities of the importing country for the 
purpose of duty-free entry of these types of articles, 
including:
          (a) talking books (discs, cassettes or other sound 
        reproductions) and large-print books;
          (b) phonographs and cassette players, specially 
        designed or adapted for the blind and other handicapped 
        persons and required to play the talking books;
          (c) equipment for the reading of normal print by the 
        blind and partially sighted, such as electronic reading 
        machines, television-enlargers and optical aids;
          (d) equipment for the mechanical or computerized 
        production of braille and recorded material, such as 
        stereo-typing machines, electronic braille, transfer 
        and pressing machines; braille computer terminals and 
        displays;
          (e) braille paper, magnetic tapes and cassettes for 
        the production of braille and talking books;
          (f) aids for improving the mobility of the blind, 
        such as electronic orientation and obstacle detection 
        appliances and white canes;
          (g) technical aids for the education, rehabilitation, 
        vocational training and employment of the blind, such 
        as braille watches, braille typewriters, teaching and 
        learning aids, games and other instruments specifically 
        adapted for the use of the blind.
    (ii) All materials specially designed for the education, 
employment and social advancement of other physically or 
mentally handicapped persons, directly imported by institutions 
or organizations concerned with the education of, or assistance 
to, such persons, approved by the competent authorities of the 
importing country for the purpose of duty-free entry of these 
types of articles, provided that equivalent objects are not 
being manufactured in the importing country.

                                annex f

Sports equipment

    Sports equipment intended exclusively for amateur sports 
associations or groups approved by the competent authorities of 
the importing country for the purpose of duty-free entry of 
these types of articles, provided that equivalent materials are 
not being manufactured in the importing country.

                                annex g

Musical instruments and other musical equipment

    Musical instruments and other musical equipment intended 
solely for cultural institutions or music schools approved by 
the competent authorities of the importing country for the 
purpose of duty-free entry of these types of articles, provided 
that equivalent instruments and other equipment are not being 
manufactured in the importing country.

                                annex h

Material and machines used for the production of books, publications 
        and documents

    (i) Material used for the production of books, publications 
and documents (paper pulp, recycled paper, newsprint, and other 
types of paper used for printing, printing inks, glue, etc.).
    (ii) Machines for the processing of paper pulp and paper 
and also printing and binding machines, provided that machines 
of equivalent technical quality are not being manufactured in 
the importing country.
    I hereby certify that the foregoing text is a true copy of 
the Protocol to the Agreement on the Importation of 
Educational, Scientific and Cultural Materials, adopted by the 
General Conference of the United Nations Educational, 
Scientific and Cultural Organization at its nineteenth session 
held at Nairobi from 26 October 1976 to 30 November 1976, the 
original of which is deposited with the Secretary-General of 
the United Nations.

    For the Secretary-General: The Legal Counsel.

    United Nations, New York, March 1, 1977.
=======================================================================


                    F. ARMS CONTROL AND DISARMAMENT

                                CONTENTS

                                                                   Page

 1. Limits on Nuclear Testing....................................   207
      a. Limited Nuclear Test Ban Treaty.........................   207
      b. Threshold Test Ban Treaty and the Protocol Thereto......   210
      c. Treaty with the Union of Soviet Socialist Republics on 
          Underground Nuclear Explosions for Peaceful Purposes, 
          and the Protocol Thereto...............................   288
 2. SALT and Related Materials...................................   323
      a. Interim Agreement Between the United States of America 
          and the Union of Soviet Socialist Republics on Certain 
          Measures With Respect to the Limitation of Strategic 
          Offensive Arms, With Associated Protocol...............   323
      b. Joint Resolution on Interim Agreement (Public Law 92-
          448)...................................................   327
      c. Agreed Interpretations and Unilateral Statements........   329
      d. Standing Consultative Commission on Arms Limitation.....   338
      e. Standing Consultative Commission on Arms Limitation: 
          Regulations............................................   340
 3. Treaty Between the United States of America and the Union of 
    Soviet Socialist Republics on the Limitation of Anti-
    Ballistic Missile Systems, With Associated Protocol].........   342
 4. INF..........................................................   349
      a. Treaty Between the United States of America and the 
          Union of Soviet Socialist Republics on the Elimination 
          of their Intermediate-Range and Shorter-Range Missiles.   349
      b. Agreement Among the United States of America and the 
          Kingdom of Belgium, the Federal Republic of Germany, 
          the Republic of Italy, the Kingdom of the Netherlands 
          and the United Kingdom of Great Britain and Northern 
          Ireland Regarding Inspections Relating to the Treaty 
          Between the United States of America and the Union of 
          Soviet Socialist Republics on the Elimination of Their 
          Intermediate-Range and Shorter-Range Missiles and the 
          Notes Exchanged Between the United States of America 
          and both the German Democratic Republic and 
          Czechoslovakia.........................................   392
 5. Seabed Arms Control Treaty...................................   402
 6. Convention on the Prohibition of Military or Any Other 
    Hostile Use of Environmental Modification Techniques.........   407
 7. Treaty on the Non-Proliferation of Nuclear Weapons...........   412
 8. Chemical and Biological Warfare..............................   418
      a. Geneva Protocol of 1925 (with reservation)..............   418
      b. Biological Weapons Convention...........................   420
      c. Convention on Prohibition of the Development, 
          Production, Stockpiling and Use of Chemical Weapons and 
          Their Destruction......................................   425
 9. Conventional Armed Forces in Europe (CFE)....................   458
10. Antarctic Treaty.............................................   481
11. Prohibition of Nuclear Weapons in Latin America..............   487
      a. Treaty for the Prohibition of Nuclear Weapons in Latin 
          America (Treaty of Tlatelolco).........................   487
      b. Additional Protocol II..................................   501
      c. Additional Protocol I...................................   504
12. U.S.-U.S.S.R. Bilateral Arms Control Agreements..............   506
      a. Agreement on Measures To Reduce the Risk of Outbreak of 
          Nuclear War Between the United States of America and 
          the Union of Soviet Socialist Republics................   506
      b. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the Prevention 
          of Nuclear War.........................................   508
      c. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the 
          Establishment of Nuclear Risk Reductions Centers, with 
          Protocols..............................................   510
      d. Agreement Between the United States of America and the 
          Union of Soviet Socialist Republics on the Notification 
          of Launches of Intercontinental Ballistic Missiles and 
          Submarine-Launched Ballistic Missiles..................   516
13. U.S.-Russia Bilateral Arms Control Agreements................   518
      a. Agreement Between the United States of America and the 
          Russian Federation Concerning the Safe and Secure 
          Transportation, Storage and Destruction of Weapons and 
          the Prevention of Weapons Proliferation................   518
      b. Treaty Between the United States and the Russian 
          Federation on Strategic Offensive Reductions...........   522
14. Convention on Prohibitions or Restrictions on the Use of 
    Certain Conventional Weapons Which May Be Deemed to be 
    Excessively Injurious or to Have Indiscriminate Effects with 
    Protocol I...................................................   524

=======================================================================

      
                      1. Limits on Nuclear Testing

                 a. Limited Nuclear Test Ban Treaty \1\

 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space 
     and Under Water; Done at Moscow, U.S.S.R., on August 5, 1963; 
Ratification advised by the Senate September 24, 1963; Ratified by the 
 President of the United States October 7, 1963; Ratifications of the 
 Governments of the United States, the United Kingdom of Great Britain 
   and Northern Ireland, and the Union of Soviet Socialist Republics 
 deposited with the said Governments at Washington, London, and Moscow 
October 10, 1963; Proclaimed by the President October 10, 1963; Entered 
                      into force October 10, 1963

  The Governments of the United States of America, the United 
Kingdom of Great Britain and Northern Ireland, and the Union of 
Soviet Socialist Republics, hereinafter referred to as the 
``Original Parties'',
---------------------------------------------------------------------------
    \1\ 14 UST 1313; TIAS 5433; 480 UNTS 43. For a list of states which 
are parties to the Treaty, see Department of State publication, 
Treaties in Force.

  Proclaiming as their principal aim the speediest possible 
achievement of an agreement on general and complete disarmament 
under strict international control in accordance with the 
objectives of the United Nations which would put an end to the 
armaments race and eliminate the incentive to the production 
---------------------------------------------------------------------------
and testing of all kinds of weapons, including nuclear weapons,

  Seeking to achieve the discontinuance of all test explosions 
of nuclear weapons for all time, determined to continue 
negotiations to this end, and desiring to put an end to the 
contamination of man's environment by radioactive substances,

  Have agreed as follows:

                               article i

  1. Each of the Parties to this Treaty undertakes to prohibit, 
to prevent, and not to carry out any nuclear weapon test 
explosion, or any other nuclear explosions at any place under 
its jurisdiction or control:
          (a) in the atmosphere; beyond its limits, including 
        outer space; or underwater, including territorial 
        waters or high seas; or
          (b) in any other environment if such explosion causes 
        radioactive debris to be present outside the 
        territorial limits of the State under whose 
        jurisdiction or control such explosion is conducted.
It is understood in this connection that the provisions of this 
subparagraph are without prejudice to the conclusion of a 
treaty resulting in the permanent banning of all nuclear test 
explosions, including all such explosions underground, the 
conclusion of which, as the Parties have stated in the Preamble 
to this Treaty, they seek to achieve.
  2. Each of the Parties to this Treaty undertakes furthermore 
to refrain from causing, encouraging, or in any way 
participating in, the carrying out of any nuclear weapon test 
explosion, or any other nuclear explosion, anywhere which would 
take place in any of the environments described, or have the 
effect referred to, in paragraph 1 of this Article.

                               article ii

  1. Any Party may propose amendments to this Treaty. The text 
of any proposed amendment shall be submitted to the Depositary 
Governments which shall circulate it to all Parties to this 
Treaty. Thereafter, if requests to do so by one-third or more 
of the Parties, the Depositary Governments shall convene a 
conference to which they shall invite all the Parties, to 
consider such amendment.
  2. Any amendment to this Treaty must be approved by a 
majority of the votes of all the Parties to this Treaty, 
including the votes of all of the Original Parties. The 
amendment shall enter into force for all Parties upon the 
deposit of instruments of ratification by a majority of all the 
Parties, including the instruments of ratification of all of 
the Original Parties.

                              article iii

  1. This Treaty shall be open to all States for signature. Any 
State which does not sign this Treaty before its entry into 
force in accordance with paragraph 3 of this Article may accede 
to it at any time.
  2. This Treaty shall be subject to ratification by signatory 
States. Instruments of ratification and instruments of 
accession shall be deposited with the Governments of the 
Original Parties--the United States of America, the United 
Kingdom of Great Britain and Northern Ireland, and the Union of 
Soviet Socialist Republics--which are hereby designated the 
Depositary Governments.
  3. This Treaty shall enter into force after its ratification 
by all the Original Parties and the deposit of their 
instruments of ratification.
  4. For States whose instruments of ratification or accession 
are deposited subsequent to the entry into force of this 
Treaty, it shall enter into force on the date of the deposit of 
their instruments of ratification or accession.
  5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Treaty, the date of its entry into force, and 
the date of receipt of any requests for conferences or other 
notices.
  6. This Treaty shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               article iv

  This Treaty shall be of unlimited duration.
  Each Party shall in exercising its national sovereignty have 
the right to withdraw from the Treaty if it decides that 
extraordinary events, related to the subject matter of this 
Treaty, have jeopardized the supreme interests of its country. 
It shall give notice of such withdrawal to all other Parties to 
the Treaty three months in advance.

                               article v

  This Treaty, of which the English and Russian texts are 
equally authentic, shall be deposited in the archives of the 
Depositary Governments. Duly certified copies of this Treaty 
shall be transmitted by the Depositary Governments to the 
Governments of the signatory and acceding States.

  In witness whereof the undersigned, duly authorized, have 
signed this Treaty.

  Done in triplicate at the city of Moscow the fifth day of 
August, one thousand nine hundred and sixty-three.
         b. Threshold Test Ban Treaty and the Protocol Thereto

  Treaty Between the United States and the Union of Soviet Socialist 
 Republics on the Limitation of Underground Nuclear Weapon Tests; Done 
at Moscow, U.S.S.R., July 3, 1974; Ratification advised by the Senate, 
September 25, 1990; President ratified, December 8, 1990; Ratifications 
          exchanged and entered into force, December 11, 1990

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Declaring their intention to achieve at the earliest 
possible date the cessation of the nuclear arms race and to 
take effective measures toward reductions in strategic arms, 
nuclear disarmament, and general and complete disarmament under 
strict and effective international control,

    Recalling the determination expressed by the Parties to the 
1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in 
Outer Space and Under Water in its Preamble to seek to achieve 
the discontinuance of all test explosions of nuclear weapons 
for all time, and to continue negotiations to this end,

    Noting that the adoption of measures for the further 
limitation of underground nuclear weapon tests would contribute 
to the achievement of these objectives and would meet the 
interests of strengthening peace and the further relaxation of 
international tension,

    Reaffirming their adherence to the objectives and 
principles of the Treaty Banning Nuclear Weapon Tests in the 
Atmosphere, in Outer Space and Under Water and of the Treaty of 
the Non-Proliferation of Nuclear Weapons,

    Have agreed as follows:

                               article i

    1. Each Party undertakes to prohibit, to prevent, and not 
to carry out any underground nuclear weapon test having a yield 
exceeding 150 kilotons at any place under its jurisdiction or 
control, beginning March 31, 1976.
    2. Each Party shall limit the number of its underground 
nuclear weapon tests to a minimum.
    3. The Parties shall continue their negotiations with a 
view toward achieving a solution to the problem of the 
cessation of all underground nuclear weapon tests.

                               article ii

    1. For the purpose of providing assurance of compliance 
with the provisions of this Treaty, each Party shall use 
national technical means of verification at its disposal in a 
manner consistent with the generally recognized principles of 
international law.
    2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
    3. To promote the objectives and implementation of the 
provisions of this Treaty the Parties shall, as necessary, 
consult with each other, make inquiries and furnish information 
in response to such inquiries.

                              article iii

    The provisions of this Treaty do not extend to underground 
nuclear explosions carried out by the Parties for peaceful 
purposes. Underground nuclear explosions for peaceful purposes 
shall be governed by an agreement which is to be negotiated and 
concluded by the Parties at the earliest possible time.

                               article iv

    This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of each Party. This Treaty 
shall enter into force on the day of the exchange of 
instruments of ratification.

                               article v

    1. This Treaty shall remain in force for a period of five 
years. Unless replaced earlier by an agreement in 
implementation of the objectives specified in paragraph 3 of 
Article I of this Treaty, it shall be extended for successive 
five-year periods unless either Party notifies the other of its 
termination no later than six months prior to the expiration of 
the Treaty. Before the expiration of this period the Parties 
may, as necessary, hold consultations to consider the situation 
relevant to the substance of this treaty and to introduce 
possible amendments to the text of the Treaty.
    2. Each Party shall, in exercising its national 
sovereignty, have the right to withdraw from this Treaty if it 
decides that extraordinary events related to the subject matter 
of this Treaty have jeopardized its supreme interests. It shall 
give notice of its decision to the other Party six months prior 
to withdrawal from this Treaty. Such notice shall include a 
statement of the extraordinary events the notifying Party 
regards as having jeopardized its supreme interests.
    3. This Treaty shall be registered pursuant to Article 102 
of the Charter of the United Nations.

    Done at Moscow on July 3, 1974, in duplicate, in the 
English and Russian languages, both texts being equally 
authentic.
                              ----------                              


  PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE 
 UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF UNDERGROUND 
                          NUCLEAR WEAPON TESTS

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Confirming the provisions of the Treaty Between the United 
States of America and the Union of Soviet Socialist Republics 
on the Limitation of Underground Nuclear Weapon Tests of July 
3, 1974, hereinafter referred to as the Treaty,

    Convinced of the necessity to ensure effective verification 
of compliance with the Treaty,

    Have agreed as follows:

                         SECTION I. DEFINITIONS

For the purposes of this Protocol:
    1. The term ``test site'' means a geographical area for the 
conduct of underground nuclear weapon tests, specified in 
paragraph 2 of Section II of this Protocol.
    2. The term ``underground nuclear weapon test,'' 
hereinafter ``test,'' means either a single underground nuclear 
explosion conducted at a test site, or two or more underground 
explosions conducted at a test site within an area delineated 
by a circle having a diameter of two kilometers and conducted 
within a total period of time of 0.1 second. The yield of a 
test shall be the aggregate yield of all explosions in the 
test.
    3. The term ``explosion'' means the release of nuclear 
energy from an explosive canister.
    4. The term ``explosive canister'' means, with respect to 
every explosion, the container or covering for one or more 
nuclear explosives.
    5. The term ``Testing Party'' means the Party conducting a 
test.
    6. The term ``Verifying Party'' means the Party entitled to 
carry out, in accordance with this Protocol, activities related 
to verification of compliance with the Treaty by the Testing 
Party.
    7. The term ``Designated Personnel'' means personnel 
appointed by the Verifying Party form among its nationals and 
included on its list of Designated Personnel, in accordance 
with Section IX of the Protocol, to carry out activities 
related to verification in accordance with this Protocol in the 
territory of the Testing Party.
    8. The term ``Transport Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Transport Personnel, in accordance with 
Section IX of this Protocol, to provide transportation for 
Designated Personnel, their baggage and equipment of the 
Verifying Party between the territory of the Verifying Party 
and the point of entry in the territory of the Testing Party.
    9. The term ``point of entry'' means Washington, D.C. 
(Dulles International Airport), for Designated Personnel and 
Transport Personnel, and Travis Air Force Base, California, for 
Designated Personnel and Transport Personnel and for equipment 
specified in Section VIII of this Protocol, with respect to the 
United States of America; and Moscow (Sheremetyevo-2 
International Airport) for Designated Personnel and Transport 
Personnel and for equipment specified in Section VIII of this 
Protocol, and Leningrad (Pulkovo-2 International Airport) for 
Designated Personnel and Transport Personnel, with respect to 
the Union of Soviet Socialist Republics. Other locations may 
serve as points of entry for specific tests, as agreed by the 
Parties.
    10. The term ``hydrodynamic yield measurement method'' 
means the method whereby the yield of a test is derived from 
on-site, direct measurement of the properties of the shock wave 
as a function of time during the hydrodynamic phase of the 
ground motion produced by the test.
    11. The term ``seismic measurement yield method'' means the 
method whereby the yield of a test is derived from measurement 
of parameters of elastic ground motion produced by the test.
    12. The term ``on-site inspection'' means activities 
carried out by the Verifying Party at the test site of the 
Testing Party, in accordance with Section VII of this Protocol, 
for the purposes of independently obtaining data on conditions 
under which the test will be conducted and for confirming the 
validity of data provided by the Testing Party.
    13. The term ``emplacement hole'' means any drill-hole, 
shaft, adit or tunnel in which one or more explosive canisters, 
associated cables, and other equipment are installed for the 
purposes of conducting a test.
    14. The term ``end of the emplacement hole'' means the 
reference point established by the Testing Party beyond the 
planned location of each explosive canister along the axis of 
the emplacement hole.
    15. The term ``satellite hole'' means any drill-hole, 
shaft, adit or tunnel in which sensing elements and cables and 
transducers are installed by the Verifying Party for the 
purposes of hydrodynamic measurement of the yield of a specific 
test.
    16. The term ``standard configuration'' means either the 
standard vertical configuration or the standard horizontal 
configuration of a test described in paragraph 2 or 3 of 
Section V of this Protocol.
    17. The term ``non-standard configuration'' means a 
configuration of a test different from that described in 
paragraph 2 or 3 of Section V of this Protocol.
    18. The term ``hydrodynamic measurement zone'' means a 
region, the dimensions of which are specified in paragraph 1 of 
Section V of this Protocol, within which hydrodynamic yield 
measurements are carried out.
    19. The term ``reference test'' means a test, identified by 
the Testing Party as a reference test, that meets the 
requirements of paragraph 8 of Section V of this Protocol.
    20. The term ``emplacement point'' means the point in the 
emplacement hole that coincides with the center point of an 
emplaced explosive canister.
    21. The term ``choke section'' means a barrier designed to 
restrict the flow of energy form an explosive canister.
    22. The term ``area of a pipe'' or ``area of a cableway'' 
means the area of the external cross section of that pipe or 
cableway measured in a plane perpendicular to the axis of that 
pipe or cableway at the point within the zone specified in 
paragraph 2(c), 3(e), or 3(f) of Section V of this Protocol 
where its cross section is largest.
    23. The term ``sensing elements and cables'' means 
switches, cables, and cable segments that provide direct 
measurement of the position of a shock front as a function of 
time, and are installed in a satellite hole by the Verifying 
Party for the purposes of use of the hydrodynamic yield 
measurement method.
    24. The term ``transducer'' means a device that converts 
physical properties of a shock wave, such as stress and 
particle velocity, into a recordable signal, and is installed 
in a satellite hole by the Verifying Party, with associated 
power supplies, for the purposes of the use of the hydrodynamic 
yield measurement method, with respect to explosions having a 
planned yield exceeding 50 kilotons and characteristics 
differing from those set forth in paragraph 2 or 3 of Section V 
of this Protocol.
    25. The term ``core sample'' means an intact cylindrical 
sample of geological material having dimensions no less than 
two centimeters in diameter and two centimeters in length.
    26. The term ``rock fragment'' means a sample of geological 
material having an irregular shape and a volume no less than 10 
cubic centimeters.
    27. The term ``geodetic measurements'' means the 
determination of the geometric position of points within 
tunnels or cavities.
    28. The term ``Designated Seismic Station'' means any one 
of the seismic stations designated by each Party, in accordance 
with Section VI of this Protocol, at which activities related 
to verification are carried out.
    29. The term ``Bilateral Consultative Commission'' means 
the Commission established in accordance with Section XI of 
this Protocol.
    30. The term ``Coordinating Group'' means a working group 
of the Bilateral Consultative Commission that is established 
for each test with respect to which activities related to 
verification are carried out.
    31. The term ``coordinated schedule'' means the schedule, 
including the specific times and durations for carrying out 
activities related to verification for a specific test, 
established in the Coordinating Group as specified in paragraph 
12 of Section XI of this Protocol.
    32. The term ``Nuclear Risk Reduction Centers'' means the 
Centers located in Washington, D.C., and Moscow, established in 
accordance with the Agreement Between the United States of 
America and the Union of Soviet Socialist Republics on the 
Establishment of Nuclear Risk Reduction Centers of September 
15, 1987.

                         SECTION II. TEST SITES

    1. The test sites for the Parties are: the Nevada Test 
Site, for the United States of America; and the Northern Test 
Site (Novaya Zemlya) and the Semipalatinsk Test Site, for the 
Union of Soviet Socialist Republics. Upon entry into force of 
the Treaty, each Party, for each of its test sites, shall 
provide the other Party with:
          (a) a precise written description of the boundaries; 
        and
          (b) a diagram with geographic coordinates of the 
        boundaries to the nearest second, to a scale of no 
        smaller than 1:250,000.
    2. Following entry into force of the Treaty, if a Party 
decides to establish a new test site or to change the 
boundaries of a test site specified in paragraph 1 of this 
Section, the description and diagram specified in paragraph 1 
of this Section shall be transmitted to the other Party no less 
than 12 months prior to the planned date for conducting the 
first test at the new site or area of expansion of a previously 
specified test site.
    3. A test site of a Party shall be located only within its 
territory. All tests shall be conducted solely within test 
sites specified in paragraph 1 or in accordance with paragraph 
two of this Section.
    4. For the purposes of the Treaty and this Protocol, all 
underground nuclear explosions at test sites specified in 
paragraph 1 or in accordance with paragraph 2 of this Section 
shall be considered underground nuclear weapon tests and shall 
be subject to all provisions of the Treaty and this Protocol.

                   SECTION III. VERIFICATION MEASURES

    1. For purposes of verification of compliance with the 
Treaty, in addition to using available national technical 
means, the Verifying Party shall have the right, with respect 
to tests that are conducted 200 days or more following entry 
into force of the Treaty:
          (a) with respect to a test having a planned yield 
        exceeding 50 kilotons, to carry out any or all of the 
        verification activities associated with the use of the 
        hydrodynamic yield measurement method, in accordance 
        with Section V of this Protocol, with respect too each 
        explosion in the test;
          (b) with respect to a test having a planned yield 
        exceeding 50 kilotons, to carry out any or all of the 
        verification activities associated with the use of the 
        seismic yield measurement method, in accordance with 
        Section V of this Protocol; and
          (c) with respect to a test having a planned yield 
        exceeding 35 kilotons, to carry out any or all of the 
        verification activities associated with on-site 
        inspection, in accordance with Section VII of this 
        Protocol, with respect to each explosion in the test, 
        except that such activities may be carried out with 
        respect to a test having a planned yield exceeding 50 
        kilotons only if the Verifying Party does not use the 
        hydrodynamic yield measurement method.
    2. In addition to the rights specified in paragraph 1 of 
this Section, for the purposes of building confidence in the 
implementation of this Protocol and improving its national 
technical means of verification, the Verifying Party shall have 
the right:
          (a) if, in each of the five calendar years 
        immediately following entry into force of the Treaty, 
        the Testing Party does not conduct at least two tests 
        having a planned yield exceeding 50 kilotons, to use 
        the hydrodynamic yield measurement method, in 
        accordance with Section V of this Protocol, with 
        respect to two tests from among those having the 
        highest planned yields that the Testing Party conducts 
        in that calendar year;
          (b) if, in the sixth calendar year following entry 
        into force of the Treaty and in each calendar year 
        thereafter, unless the Parties otherwise agree, the 
        Testing Party does not conduct at least one test having 
        a planned yield exceeding 50 kilotons, to use the 
        hydrodynamic yield measurement method, in accordance 
        with Section V of this Protocol, with respect to one 
        test from among those having the highest planned yield 
        that the Testing Party conducts in that calendar year;
          (c) if, in any calendar year, the testing Party 
        postpones a test having a planned yield of 50 kilotons 
        or less to the following calendar year, after having 
        been notified by the Verifying Party of its intent to 
        use the hydrodynamic yield measurement method with 
        respect to that test, to use such method with respect 
        to that test in the following calendar year. This right 
        shall be additional to the rights specified in 
        paragraph 1(a) of this Section and in subparagraphs (a) 
        and (b) of this paragraph; and
          (d) in addition to the rights specified in 
        subparagraphs (a), (b), and (c) of this paragraph, if, 
        in each of the five calendar years beginning with the 
        conduct of the first test by the Testing Party at a new 
        test site, the Testing Party does not conduct at least 
        two tests having a planned yield exceeding 50 kilotons 
        at the new test site, the Verifying Party shall have 
        the right to use the hydrodynamic yield measurement 
        method, in accordance with Section V of this Protocol, 
        with respect to two tests from among those having the 
        highest planned yields that the Testing Party conducts 
        at the new site in that calendar year.
    3. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a specific test including more than one 
explosion, unless the Parties agree on verification measures 
with respect to such a test:
          (a) the distance between the closest points of any 
        two adjacent explosive canisters shall be no less than 
        50 meters; and
          (b) the time of each explosion shall be established 
        by the Testing Party so as to permit the carrying out 
        of hydrodynamic yield measurements for each explosion 
        for a distance of no less than 30 meters in the 
        satellite hole closest to the emplacement hole with 
        which it is associated.
    4. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a specific test, and if that test is 
conducted in more than one emplacement hole, the Testing Party 
shall have the right to conduct that test only if no more than 
one emplacement hole has characteristics or contains explosive 
canisters having characteristics differing from those set forth 
in paragraph 2 or 3 of Section V of this Protocol with respect 
to a test of standard configuration, unless the Parties agree 
on verification measures with respect to such a test.
    5. The Testing Party shall have the right to conduct a test 
having a planned yield exceeding 35 kilotons within a time 
period of less than two seconds of any other test having a 
planned yield exceeding 35 kilotons only if the Parties agree 
on verification measures with respect to such tests. No test 
shall be conducted within 15 minutes prior to or following a 
reference test, unless the Parties otherwise agree.
    6. The Testing Party shall have the right to conduct a test 
having a planned yield exceeding 35 kilotons in a cavity having 
a volume exceeding 20,000 cubic meters only if the Parties 
agree on verification measures with respect to such a test.
    7. The Verifying Party, by notifying the Testing Party that 
it intends to use the hydrodynamic yield measurement method 
with respect to a test of non-standard configuration having a 
planned yield exceeding 50 kilotons, shall have the right to 
require a reference test for this non-standard test, in order 
to compare the yields measured through its national technical 
means for these two associated tests with the yield obtained by 
carrying out hydrodynamic yield measurement of the reference 
test. The right of the Verifying Party to a reference test 
shall be independent of whether or not it actually carries out 
hydrodynamic yield measurements of the test of non-standard 
configuration.
    8. With respect to the requirement for a reference test:
          (a) if the Testing Party, at the time it provides 
        notification of a test, identifies that test as a 
        reference test for a future test of non-standard 
        configuration, and if the Verifying Party does not use 
        the hydrodynamic yield measurement method with respect 
        to the identified reference test, the Verifying Party 
        shall forfeit its right to require a reference test for 
        that test of non-standard configuration and foe any 
        subsequent test of non-standard configuration that 
        would be associated with that reference test, if the 
        Testing Party conducts the identified reference test;
          (b) the Testing Party shall have the right to 
        identify only one test of standard configuration as a 
        reference test not associated with any specific test of 
        non-standard configuration until it has conducted an 
        associated test of non-standard configuration for which 
        this tests serves as a reference test, or unless it 
        simultaneously provides notification of the associated 
        test of non-standard configuration; and
          (c) If the Testing Party, at the time it provides 
        notification of a test of standard configuration, 
        indicates that the test will satisfy a requirement for 
        a reference test for a previously conducted test of 
        non-standard configuration, and if the Verifying Party 
        notifies the Testing Party of its intent not to use the 
        hydrodynamic yield measurement method with respect to 
        the reference test, the Verifying Party shall forfeit 
        its right to require a reference test for the 
        previously conducted test of non-standard 
        configuration. In that case, the Testing Party shall 
        have the right to cancel that reference test.
    9. Following notification by the Verifying Party, in 
accordance with paragraph 5 of Section IV of this Protocol, of 
whether or not it intends to carry out any of the activities 
related to verification for a specific test, and, if so, which 
activities, the Verifying Party shall forfeit its right to 
revise that notification unless the Testing Party changes the 
previously declared location of that test by more than one 
minute of latitude or longitude or changes the planned yield of 
a test form 50 kilotons or less to a planned yield exceeding 50 
kilotons. If the Testing Party makes any such change, the 
Verifying Party shall have the right to revise its previous 
notification and to carry out any of the activities specified 
in paragraph 1 or 2 of this Section and, if the Verifying Party 
notifies the Testing Party that it intends to carry out 
activities related to verification with respect to that test, 
in accordance with paragraph 20 of Section IV of this Protocol, 
the Testing Party shall not conduct the test less than 180 days 
following the date of the revised notification by the Verifying 
Party, unless the Parties otherwise agree.
    10. Designated Personnel shall have the right to carry out 
activities related to verification in accordance with the 
Protocol, 24 hours a day, provided such activities are 
consistent with the safety requirements of the Testing Party at 
the test site or Designated Seismic Station. All operations and 
procedures that require the participation of Designated 
Personnel and personnel of the Testing Party shall be carried 
out in accordance with the technical operations and practices 
at the testing site or the Designated Seismic Station of the 
Testing Party, and in this connection:
          (a) Designated Personnel:
                  (i) shall not interfere with activities of 
                personnel of the Testing Party at the test site 
                or Designated Seismic Station; and
                  (ii) shall be responsible for the working of 
                their equipment, its timely installation and 
                operation, participation in such operations, 
                including dry runs, as the Testing Party may 
                request, and recording of data; and
          (b) the Testing Party:
                  (i) shall be under no obligation to delay the 
                test because of any malfunction of the 
                equipment of the Verifying Party or inability 
                of Designated Personnel to carry out their 
                functions, unless the Testing Party caused such 
                a situation to arise; and
                  (ii) shall bear full responsibility for the 
                preparation and conduct of the test and shall 
                have exclusive control over it.
    11. If the Verifying Party has notified the Testing Party 
that it intends to carry out activities related to verification 
of a specific test, the Testing Party shall have the right to 
make changes in the timing of its operations related to the 
conduct of the test, except that the Testing Party shall not 
make changes in the timing of its operations related to the 
conduct of that test that would preclude Designated Personnel 
from carrying out their rights related to verification provided 
in this Protocol. If the Testing Party notifies the Verifying 
Party of a change in the timing of its operations that the 
Verifying Party deems would either preclude or significantly 
limit the exercise of such rights, the Coordinating Group shall 
meet at the request to the Representative of the Verifying 
Party to the Coordinating Group, to consider the change in 
order to ensure that the rights of the Verifying Party are 
preserved. If the Coordinating Group cannot agree on a revision 
to the coordinated schedule that will ensure the rights of both 
Parties as provided in this Protocol, there shall be no 
advancement of events within the coordinated schedule due to 
such a change. Either Party may request that the Bilateral 
Consultative Commission consider any such change in timing of 
operations or in the coordinated schedule, in accordance with 
paragraph 15 of Section XI of this Protocol.

      SECTION IV. NOTIFICATIONS AND INFORMATION RELATING TO TESTS

    1. Unless otherwise provided in this Protocol, all 
notifications required by this Protocol shall be transmitted 
through the Nuclear Risk Reduction Centers. The Nuclear Risk 
Reduction Centers may also be used, as appropriate, to transmit 
other information provided in accordance with this Protocol.
    2. Not later than June 1 immediately following entry into 
force of the Treaty, and not later than June 1 of each year 
thereafter, each Party shall provide the other Party with the 
following information on tests that it intends to conduct in 
the following calendar year:
          (a) the projected number of tests having a planned 
        yield exceeding 35 kilotons;
          (b) the projected number of tests having a planned 
        yield exceeding 50 kilotons; and
          (c) if the number of tests declared in accordance 
        with subparagraphs (a) and (b) of this paragraph is 
        less than the number of tests for which rights are 
        specified in paragraph 2 of Section III of this 
        Protocol, whether it intends to conduct a sufficient 
        number of other tests to permit the Verifying Party to 
        exercise fully the rights specified in paragraph 2 of 
        Section III of this Protocol.
    3. On the date of entry into force of the Treaty each Party 
shall provide the other Party with the information specified in 
paragraphs 2(a) and 2(b) of this Section for the remainder of 
the calendar year in which the Treaty enters into force, and, 
if the Treaty enters into force after June 1, information 
specified in paragraph 2 of this Section for the following 
calendar year.
    4. No less than 200 days prior to the planned date of any 
test with respect to which the Verifying Party has the right to 
carry out any activity related to verification in accordance 
with this Protocol, the Testing Party shall provide the 
Verifying Party with the following information to the extent 
and degree of accuracy available at that time:
          (a) the planned date of the test and its designation;
          (b) the planned date of the beginning of emplacement 
        of explosive canisters;
          (c) the location of the test, expressed in geographic 
        coordinates to the nearest minute;
          (d) whether the planned yield of the test exceeds 35 
        kilotons;
          (e) whether the planned yield of the test exceeds 50 
        kilotons;
          (f) whether the planned yield is 50 kilotons or less, 
        whether the test is one of the tests with respect to 
        which the Verifying Party has the right to use the 
        hydrodynamic yield measurement method, in accordance 
        with paragraph 2 of Section III of this Protocol;
          (g) the planned depth of each emplacement hole to the 
        nearest 10 meters;
          (h) the type or types of rock in which the test will 
        be conducted, including the depth of the water table;
          (i) whether the test will be of standard or non-
        standard configuration; and
          (j) whether the test will serve as a reference test 
        for:
                  (i) a previously conducted test of non-
                standard configuration with which such a 
                reference test is associated;
                  (ii) a future test of non-standard 
                configuration for which notification has been 
                provided or is being simultaneously provided in 
                accordance with paragraph 8(b) of Section III 
                of this Protocol; or
                  (iii) a future test of non-standard 
                configuration for which the Testing Party has 
                not yet provided notification.
    5. Within 20 days following receipt of information 
specified in paragraph 4 of this Section, the Verifying Party 
shall inform the Testing Party, in a single notification, 
whether or not it intends to carry out, with respect to this 
test, any activities related to verification that it has a 
right to carry out, in accordance with Section III of this 
Protocol, and if so, whether it intends:
          (a) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol;
          (b) to use the seismic yield measurement method, in 
        accordance with Section VI of this Protocol; and
          (c) to carry out on-site inspection, in accordance 
        with Section VII of this Protocol.
    6. Within 30 days following notification by the Verifying 
Party, in accordance with paragraph 11 of Section XI of this 
Protocol, that it requires a reference test for a test of non-
standard configuration, the Testing Party shall notify the 
Verifying Party whether it will meet the requirement test 
through:
          (a) the identification of a previously conducted 
        reference test;
          (b) the identification of a previously conducted test 
        of standard configuration, meeting the requirements for 
        a reference test, with respect to which the Verifying 
        Party carried out hydrodynamic yield measurements;
          (c) the identification of a previously notified test 
        of standard configuration, meeting the requirements for 
        a reference test, with respect to which the Verifying 
        Party has notified the Testing Party of its intent to 
        carry out hydrodynamic yield measurements; or
          (d) the conduct of a reference test within 12 months 
        of the non-standard test, whose identification as a 
        reference test will be made in the notification, in 
        accordance with paragraph 4(j) of this section.
    7. If the Verifying Party notifies the Testing Party that 
it intends to use the hydrodynamic yield measurement method, 
the Testing Party shall provide the Verifying Party, no less 
than 120 days prior to the planned date of the test, with the 
following information:
          (a) a description of the geological and geophysical 
        characteristics of the test location, which shall 
        include: the depth of the water table; the 
        stratigraphic column, including the lithologic 
        description of each formation; the estimated physical 
        parameters of the rock, including bulk density, grain 
        density, compressional velocity, porosity, and total 
        water content; and information on any known geophysical 
        discontinuities in the media within each hydrodynamic 
        measurement zone;
          (b) the planned cross-sectional dimensions of each 
        emplacement hole in each hydrodynamic measurement zone;
          (c) the location and configuration of any known voids 
        larger than one cubic meter within each hydrodynamic 
        measurement zone;
          (d) a description of materials, including their 
        densities, to be used to stem each emplacement hole 
        within each hydrodynamic measurement zone;
          (e) whether it is planned that each emplacement hole 
        will be fully or partially cased, and if so, a 
        description of materials of this casing;
          (f) whether it is planned that each satellite hole 
        will be fully or partially cased, and if so, a 
        description of materials of this casing;
          (g) a topographic map to a scale of no smaller than 
        1:25,000 and a contour interval of 10 meters or less 
        showing:
                  (i) an area with a radius of no less than two 
                kilometers centered on the entrance to each 
                emplacement hole, that shall include the area 
                delineated by a circle having a radius of 300 
                meters centered directly above the planned 
                emplacement point of each explosive canister; 
                and
                  (ii) a one-kilometer wide corridor centered 
                on the planned location of the above-ground 
                cables of the Verifying Party;
          (h) overall drawings showing the external dimensions 
        of each explosive canister and each choke section, and 
        any pipes or cableways passing through a choke section, 
        as well as any other pipes and cableways connected to 
        that explosive canister and located within five meters 
        of that explosive canister;
          (i) the specific locations, referenced to the 
        entrance to each vertical satellite hole or to the 
        surface location of the entrance to each horizontal 
        emplacement hole, at which individual gas-blocking 
        devices shall be installed if such devices are used on 
        the electrical cables specified in paragraphs 3(a) and 
        3(b) of Section VIII of this Protocol; and
          (j) whether the Testing Party will provide satellite 
        communications as specified in paragraph 13 of Section 
        X of this Protocol for use by Designated Personnel.
    8. If the Verifying Party notifies the Testing Party that 
it intends to use the seismic yield measurement method, the 
Testing Party shall provide the Verifying Party, no less than 
120 days prior to the planned date of the test, with the 
information specified in paragraphs 9(a), 9(b), and 9(c) of 
this Section.
    9. If the Verifying Party notifies the Testing Party that 
it intends to carry out on-site inspection, the Testing Party 
shall provide the Verifying Party, no less than 120 days prior 
to the planned date of the test, with the following 
information:
          (a) a description of the geological and geophysical 
        characteristics of the test location, which shall 
        include: the depth of the water table; the 
        stratigraphic column, including the lithologic 
        description of each formation; the estimated physical 
        parameters of the rock, including bulk density, grain 
        density, compressional velocity, porosity, and total 
        water content; and information on any known geophysical 
        discontinuities in the media within a radius of 300 
        meters of the planned emplacement point of each 
        explosive canister.
          (b) the planned cross-sectional dimensions of each 
        emplacement hole in the portion within 300 meters of 
        the planned emplacement point of each explosive 
        canister;
          (c) the location and configuration of any known voids 
        larger than 1000 cubic meters within a radius of 300 
        meters of the planned emplacement point of each 
        explosive canister;
          (d) whether it is planned that each emplacement hole 
        will be fully or partially cased, and, if so, a 
        description of materials of this casing;
          (e) a topographic map to a scale of no smaller than 
        1:25,000 and a contour interval of 10 meters or less 
        showing an area with a radius of no less than two 
        kilometers centered on the entrance to each emplacement 
        hole, that shall include the are delineated by a circle 
        having a radius of 300 meters centered directly above 
        the planned emplacement point of each explosive 
        canister; and
          (f) whether the Testing Party will provide satellite 
        communications as specified in paragraph 13 of Section 
        X of this Protocol for use by Designated Personnel.
    10. The Testing Party shall immediately notify the 
Verifying Party of any change in any information provided in 
accordance with paragraph 2, 3, 4(a), 4(c), 4(e), 4(f), or 4(j) 
of this Section, and:
          (a) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section V of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(b), 4(g), 4(h), 4(i), 6 or 
        7 of this Section, or paragraph 10 of Section XI of 
        this Protocol;
          (b) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section VI of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(g), 4(h) or 8 of this 
        Section; and
          (c) if the Verifying Party has notified the Testing 
        Party that it intend to carry out activities related to 
        verification in accordance with Section VII of this 
        Protocol, of any change in information provided in 
        accordance with paragraph 4(b), 4(g), 4(h) or 9 of this 
        Section, or paragraph 10(a) of Section XI of this 
        Protocol.
    11. If the Testing Party makes changes in the information 
specified in paragraph 4(a), 10(a), 10(b) or 10(c) of this 
Section related to a specific test for which Designated 
Personnel are present in the territory of the Testing Party, it 
shall also immediately notify, in writing, the Designated 
Personnel Team Leader carrying out activities related to 
verification of that test at the test site and at each 
Designated Seismic Station of such changes.
    12. The Testing Party shall immediately inform the 
Verifying party of any change in the timing of its operations 
related to the conduct of a specific test that affects the 
coordinated schedule, and if Designated Personnel are present 
in the territory of the Testing Party, it shall also 
immediately notify, in writing, the Designated Personnel Team 
Leader carrying out activities related to verification of that 
test at the test site and at each Designated Seismic Station.
    13. If, in carrying out activities related to verification 
of a specific test, Designated Personnel are present at the 
test site or any Designated Seismic Station:
          (a) no less than 48 hours prior to the initial 
        planned time of the test, the Testing Party notify 
        shall each Designated Personnel Team Leader, in 
        writing, of the time for beginning the period of 
        readiness for the test and the planned time of the 
        test, to the nearest second. This and all subsequent 
        notifications shall be referenced to Universal Time 
        Coordinated and to local time at the test site or the 
        Designated Seismic Station;
          (b) except as otherwise provided on this Section, if 
        the Testing Party changes the planned time of the test, 
        it shall immediately notify each Designated Personnel 
        Team Leader, in writing, of the new planned time of the 
        test;
          (c) the Testing Party shall conduct the test only 
        within a period of readiness;
          (d) unless the Parties otherwise agree, the period of 
        readiness shall begin:
                  (i) no less than six days following 
                completion of stemming of the hydrodynamic 
                measurement zone of all satellite holes, if 
                verification activities in accordance with 
                Section V of this Protocol are carried out; and
                  (ii) no more than five days prior to the 
                planned date of the test, if verification 
                activities in accordance with Section VI of 
                this Protocol are carried out;
          (e) the Testing Party may terminate the period of 
        readiness at any time. The Testing Party shall then 
        immediately notify each Designated Personnel Team 
        Leader, in writing, that the period of readiness has 
        been terminated; and
          (f) if the Testing Party terminates the period of 
        readiness or changes the time for the beginning of the 
        period of readiness, it shall provide notice of the 
        time for beginning a new period of readiness to each 
        Designated Personnel Team Leader, in writing, no less 
        than 12 hours prior to beginning this new period of 
        readiness.
    14. Following notification in accordance with paragraph 
13(a) or 13(b) of this Section, the Testing Party, without 
further notification may advance the time of the test by no 
more than five minutes.
    15. After the event readiness signal specified in paragraph 
10(b) of Section V of this Protocol has been started:
          (a) if the Testing Party delays the test and 
        terminates the event readiness signal at least one 
        second prior to the planned time of the test, it may 
        carry out the test, without further notification, at 
        any time within no more than 60 minutes after the 
        planned time of the test, provided it generates a new 
        event readiness signal; and
          (b) if the Testing Party subsequently delays the test 
        without ending the event readiness signal at least one 
        second prior to the planned time of the test, the 
        Testing Party shall end the event readiness signal and 
        shall not begin a new event readiness signal within 20 
        minutes following that planned time of the test. The 
        Testing Party shall notify each Designated Personnel 
        Team Leader, in writing, of the new planned time of the 
        test, at least 10 minutes prior to the beginning of the 
        new event readiness signal for that test.
    16. Following notification in accordance with paragraph 
13(a) or 13(b) of this Section, if the test is delayed by more 
than 60 minutes the Testing Party shall notify each Designated 
Personnel Team Leader, in writing, of the new planned time of 
the test no less than 30 minutes prior to the new planned time 
of the test.
    17. During the period of readiness, if a test is delayed by 
more than three hours from the last notification of the planned 
time of the test, the Testing Party shall notify each 
Designated Personnel Team Leader, in writing, of the period 
during which the test will not be conducted.
    18. No less than one hour following the test, the Testing 
Party shall notify each Designated Personnel Team Leader, in 
writing, of the actual time of the test to the nearest 0.1 
second.
    19. For each test for which notification has been provided 
in accordance with paragraph 4 of this Section, no less than 48 
hours prior to the initial planned time of the test, the 
Testing Party shall notify the Verifying Party of the time of 
the planned test to the nearest one second. If the Testing 
Party subsequently delays the planned time of the test by more 
than 24 hours, it shall immediately notify the Verifying Party 
of the new planned time of the test to the nearest one second. 
No less than three days following the test, the Testing Party 
shall notify the Verifying Party of the actual time of the 
test, referenced to Universal Time Coordinated, to the nearest 
0.1 second.
    20. The Testing Party shall immediately notify the 
Verifying Party of a change in the location of a test by more 
than one minute of latitude or longitude or of a change in the 
planned yield of a test from 50 kilotons or less to a planned 
yield exceeding 50 kilotons. The Verifying Party shall notify 
the Testing Party, within 20 days following receipt of 
notification of such a change in the location or planned yield 
of the test, whether it intends to carry out for this test any 
activities related to verification in accordance with paragraph 
9 of Section III of this Protocol. If the Verifying Party, in 
this revised notification, notifies the Testing Party that it 
intends to carry out any activities related to verification 
that it has a right to carry out in accordance with Section III 
of this Protocol, the Testing Party shall provide the Verifying 
Party with the information that it is required to provide in 
accordance with paragraphs 7, 8, and 9 of this Section and 
paragraph 10 of Section XI of this Protocol.
    21. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method, the beginning of emplacement of sensing elements and 
cables shall not occur less than 90 days after notification of 
any change in the location of the test by more than one minute 
of latitude or longitude, unless the Parties otherwise agree.
    22. If the Verifying Party has notified the Testing Party 
that it does not intend to carry out hydrodynamic yield 
measurements for a specific test, the Testing Party shall have 
the right to change the configuration of that test from 
standard to non-standard or vice-versa, without notifying the 
Verifying Party of such change.
    23. If the Verifying Party has notified the Testing Party 
that it intends to carry out hydrodynamic yield measurements 
for a specific test, the Testing Party shall immediately notify 
the Verifying Party of a change in the configuration of that 
test from standard to non-standard or vice-versa, or of any 
increase in the number of emplacement holes or explosive 
canisters of the test. The Verifying Party shall, within five 
days of notification of any such change, notify the Testing 
Party whether it will revise its initial notification and 
whether it deems that this change would either preclude or 
significantly limit the exercise of its rights provided in this 
Protocol. If so, the Coordinating Group shall immediately meet 
to consider a revision in the coordinated schedule that will 
ensure the rights of both Parties provided in this Protocol. If 
the Parties cannot agree on a revised coordinated schedule 
within 15 days following notification by the Testing Party of 
such a change, the date of notification of the change shall be 
deemed the initial notification of a test in accordance with 
paragraph 4 of this Section, and the test shall be conducted no 
less than 180 days following the date of notification.
    24. If the Verifying Party has notified the Testing Party 
that it intends to carry out on-site inspection with respect to 
a specific test, and if the Testing Party notifies the 
Verifying Party of an increase in the number of explosive 
canisters or an increase in the number of emplacement holes, 
the Verifying Party shall, within five days of any such change, 
notify the Testing Party whether it deems that this change 
would significantly limit the exercise of its rights provided 
in this Protocol. If so, the Coordinating Group shall 
immediately meet to consider a revision in the coordinated 
schedule that will ensure the rights of both Parties provided 
in this Protocol. If the Parties cannot agree on a revised 
coordinated schedule within 15 days following notification by 
the Verifying Party that it deems that, as a result of such an 
increase, its rights would be significantly limited, the date 
of that notification shall be deemed notification by the 
Verifying Party that it intends to carry out on-site inspection 
in accordance with paragraph 5 of this Section, and the test 
shall be conducted no less than 165 days following the date of 
such notification.
    25. The Verifying Party may at any time, but no later than 
one year following a test, request from the Testing Party 
clarification of any point of information provided in 
accordance with this Section. Such clarification shall be 
provided in the shortest possible time, but no later than 30 
days following the receipt of the request.

            SECTION V. HYDRODYNAMIC YIELD MEASUREMENT METHOD

    1. The hydrodynamic measurement zone is:
          (a) with respect to a test of standard configuration, 
        described in paragraph 2 or 3 of this Section, as well 
        as with respect to any explosion having a planned yield 
        of 50 kilotons less;
                  (i) if an emplacement hole is vertical, the 
                cylindrical region 25 meters in diameter whose 
                axis is midway between the axes of the 
                emplacement hole and the satellite hole, 
                extending from a point 30 meters below the end 
                of the emplacement hole to a point 100 meters 
                from the end of the emplacement hole in the 
                direction of the entrance to the emplacement 
                hole; or
                  (ii) if an emplacement hole is horizontal, 
                the cylindrical region 25 meters in diameter 
                whose axis is midway between the axes of the 
                emplacement hole and the satellite hole, 
                extending from a point 15 meters beyond the end 
                of the emplacement hole to a point 65 meters 
                from the end of the emplacement hole in the 
                direction of the entrance to the emplacement 
                hole; and
          (b) with respect to a test of non-standard 
        configuration having a planned yield exceeding 50 
        kilotons:
                  (i) if an emplacement hole is vertical, the 
                cylindrical region 200 meters in diameter 
                coaxial with the emplacement hole, extending 
                from a point 30 meters below the end of the 
                emplacement hole to a point 100 meters from the 
                center point of the explosive canister in the 
                direction of the entrance to the emplacement 
                hole; or
                  (ii) if an emplacement hole is horizontal, 
                the cylindrical region 130 meters in diameter 
                whose axis is coaxial with the emplacement 
                hole, extending from a point 15 meters beyond 
                the end of the emplacement hole to a point 65 
                meters from the center point of the explosive 
                canister in the direction of the entrance to 
                the emplacement hole.
    2. For the purposes of the use of the hydrodynamic yield 
measurement method, a test shall be deemed of standard vertical 
configuration if:
          (a) each emplacement hole is vertical and 
        cylindrical, and is drilled or excavated with a 
        diameter no greater than four meters;
          (b) the bottom of each emplacement hole is filled 
        with stemming material having a bulk density no less 
        than 60 percent of the average density of the 
        surrounding rock, to form a plug no less than three 
        meters thick, and the top of this plug of stemming 
        material is the end of the emplacement hole for the 
        explosive canister emplaced farthest from the entrance 
        to the emplacement hole;
          (c) any pipe or cableway connected to an explosive 
        canister passes through a choke section. This choke 
        section is installed on the top of the explosive 
        canister and has the following characteristics:
                  (i) the diameter of the choke section is no 
                less than that of the explosive canister;
                  (ii) the choke section is no less than one 
                meter thick;
                  (iii) the sum of the areas of all pipes and 
                cableways within the choke section does not 
                exceed 0.5 square meters;
                  (iv) the area of each pipe or cableway within 
                the choke section does not exceed 0.3 square 
                meters;
                  (v) the part of the choke section in contact 
                with the explosive canister consists of a steel 
                plate having a thickness no less than 0.005 
                meters; and
                  (vi) the choke section, except for pipes and 
                cableways, is filled, prior to emplacement, 
                with stemming material having a bulk density no 
                less than 60 percent of the average density of 
                the surrounding rock, and has a product of 
                density and thickness no less than 250 grams 
                per square centimeter;
          (d) the length of each explosive canister does not 
        exceed 12 meters and, after an explosive canister is 
        emplaced, the lowest part of the choke section is no 
        more than 12 meters above the end of the emplacement 
        hole;
          (e) the diameter of each explosive canister does not 
        exceed three meters;
          (f) each emplacement hole has been drilled or 
        excavated with a diameter, within each hydrodynamic 
        measurement zone, no more than one meter greater than 
        the diameter of each explosive canister; or, if an 
        emplacement hole has been cased, the inside diameter of 
        the casing, within each hydrodynamic measurement zone, 
        is no more than one meter greater than the diameter of 
        each explosive canister. Within the 15-meter segment 
        above the end of each emplacement hole for each 
        explosive canister, no washouts penetrate more than one 
        meter into the wall of the emplacement hole;
          (g) all voids in or connected to an emplacement hole, 
        within each hydrodynamic measurement zone, external to:
                  (i) any explosive canister;
                  (ii) any choke sections;
                  (iii) any diagnostic canisters; and
                  (iv) associated cables and pipes are filled 
                with stemming material having a bulk density no 
                less than 60 percent of the average density of 
                the surrounding rock;
          (h) within each hydrodynamic measurement zone, all 
        voids greater than 10 cubic meters, external and 
        unconnected to an emplacement hole or a satellite hole, 
        and all voids greater than one cubic meter, within two 
        meters of the wall of a satellite hole or any part of 
        an explosive canister, are filled with stemming 
        material having a bulk density no less than 70 percent 
        of the average density of the surrounding rock; and
          (i) within each hydrodynamic measurement zone, the 
        distance between a satellite hole and any other drilled 
        hole or excavation is no less than the distance between 
        that satellite hole and the emplacement hole with which 
        it is associated.
    3. For the purposes of the use of the hydrodynamic yield 
measurement method, a test shall be deemed of standard 
horizontal configuration if:
          (a) each emplacement hole is horizontal, with an 
        excavated cross section, measured in the plane 
        perpendicular to its axis, no greater than five meters 
        by five meters for the first 65 meters from the end of 
        the emplacement hole for each explosive canister, 
        except that any diagnostic canister associated with it 
        shall occupy, in an emplacement hole, space having a 
        cross section no greater than 3.5 meters by 3.5 meters 
        for the first 50 meters of the emplacement hole from 
        the choke section of each explosive canister in the 
        direction of the entrance to the emplacement hole;
          (b) the end of each emplacement hole is either:
                  (i) unsupported native rock, the surface of 
                which is essentially perpendicular to the axis 
                of the emplacement hole; or
                  (ii) the surface of a plug no less than three 
                meters thick, formed of stemming material 
                having a bulk density no less than 60 percent 
                of the average density of the surrounding rock;
          (c) the length of each explosive canister does not 
        exceed 12 meters and, after it is emplaced, the end of 
        the explosive canister farthest from the entrance to 
        the emplacement hole is no less than one meter and no 
        more than two meters from the end of the emplacement 
        hole;
          (d) the cross section of each explosive canister 
        measured in the plane perpendicular to the axis of the 
        emplacement hole does not exceed three meters by three 
        meters;
          (e) any pipe or cableway connected to an explosive 
        canister and lying entirely within the emplacement hole 
        passes through a choke section. This choke section is 
        installed at the end of the explosive canister nearest 
        to the entrance of the emplacement hole and has the 
        following characteristics:
                  (i) the dimensions of the choke section 
                perpendicular to the axis of the emplacement 
                hole are no less than those of the explosive 
                canister;
                  (ii) the choke section is no less than one 
                meter thick;
                  (iii) the sum of the areas of all pipes and 
                cableways within the choke section, plus the 
                sum of the areas of pipes and cableways 
                specified in subparagraph (f) of this 
                paragraph, does not exceed 0.5 square meters;
                  (iv) the area of each pipe or cableway within 
                the choke section does not exceed 0.3 square 
                meters; and
                  (v) the choke section, except for pipes and 
                cableways meeting the requirements of 
                subparagraphs (e) (iii) and (e) (iv) of this 
                paragraph, is filled with stemming material 
                having a bulk density no less than 60 percent 
                of the average density of the surrounding rock, 
                and has a product of density and thickness no 
                less than 250 grams per square centimeter;
          (f) any pipe or cableway connected to any surface of 
        an explosive canister and not lying entirely within the 
        emplacement hole has the following characteristics:
                  (i) the area of each pipe or cableway within 
                five meters of the explosive canister does not 
                exceed 0.05 square meters; and
                  (ii) the sum of the areas of all such pipes 
                and cableways within five meters of the 
                explosive canister does not exceed 0.1 square 
                meters;
          (g) any diagnostic canister connected to the pipes or 
        cableways specified in subparagraph (f) of this 
        paragraph lies entirely outside the hydrodynamic 
        measurement zone;
          (h) all voids in or connected to an emplacement to 
        hole, including any bypass or access tunnels within the 
        hydrodynamic measurement zone, external to:
                  (i) any explosive canister;
                  (ii) any choke sections;
                  (iii) any diagnostic canisters; and
                  (iv) associated cables and pipes
        are filled with stemming material having a bulk density 
        no less than 60 percent of the average density of the 
        surrounding rock;
          (i) within each hydrodynamic measurement zone, all 
        voids greater than 10 cubic meters, external and 
        unconnected to an emplacement hole or a satellite hole, 
        and all voids greater than one cubic meter, within two 
        meters of the wall of a satellite hole or any part of 
        an explosive canister, are filled with stemming 
        material having a bulk density no less than 70 percent 
        of the average density of the surrounding rock; and
          (j) with the portion of each hydrodynamic measurement 
        zone extending from the end of the emplacement hole in 
        the direction of the entrance to the emplacement hole, 
        the distance between a satellite hole and any other 
        tunnel or excavation is no less than the distance 
        between that satellite hole and the emplacement hole 
        with which it is associated.
    4. With respect to a test of standard configuration, as 
well as with respect to any explosion having a planned yield of 
50 kilotons or less:
          (a) personnel of the Testing Party, using their own 
        equipment, shall drill or excavate a satellite hole 
        associated with each emplacement hole, at a time of 
        their own choosing. The Testing Party shall have the 
        right to complete drilling or excavation of a satellite 
        hole for a specific test prior to the arrival of 
        Designated Personnel at the test site to carry out 
        activities related to use of the hydrodynamic yield 
        measurement method for that test. Each satellite hole 
        shall meet the following requirements:
                  (i) if an emplacement hole is vertical, the 
                axis of the associated satellite hole shall be 
                located 11 meters, plus or minus three meters, 
                from the axis of the emplacement hole within 
                each hydrodynamic measurement zone. If an 
                emplacement hole is horizontal, the axis of the 
                associated satellite hole shall be located 11 
                meters, plus or minus two meters, from the axis 
                of the emplacement hole within each 
                hydrodynamic measurement zone, and it may be 
                drilled or excavated either as a single 
                continuous hole or in separate consecutive 
                segments associated with each hydrodynamic 
                measurement zone. The axis of any satellite 
                hole shall be no less than six meters from the 
                wall of any drilled or excavated cavity or 
                hole;
                  (ii) its end shall be no less than 30 meters 
                below the level of the end of the associated 
                vertical emplacement hole farthest from the 
                entrance to the emplacement hole, or no less 
                than 15 meters beyond the point at which the 
                satellite hole is closest to the end of the 
                associated horizontal emplacement hole farthest 
                from the entrance to the emplacement hole;
                  (iii) if it is prepared by drilling, it shall 
                be drilled no less than 0.3 meters and no more 
                than 0.5 meters in diameter. Within each 
                hydrodynamic measurement zone, no washouts 
                shall penetrate more than one meter into the 
                wall of the hole; and
                  (iv) if it is prepared by excavation, it 
                shall have an excavated cross section, measured 
                in the plane perpendicular to its axis, no 
                greater than 2.5 meters by 2.5 meters within 
                each hydrodynamic measurement zone;
          (b) Designated Personnel shall have the right to 
        observe the activities of the personnel of the Testing 
        Party carried out to meet the specifications set forth 
        in paragraph 2(b) of this Section and, if applicable, 
        set forth in paragraph 3(b) (ii) of this Section. A 
        representative sample of no less than 1000 cubic 
        centimeters in volume of the stemming material used to 
        form the plugs specified in paragraphs 2(b) and 3(b) 
        (ii) of this Section shall be provided to Designated 
        Personnel for retention;
          (c) Designated Personnel shall have the right to 
        carry out, under observation of personnel of the 
        Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel, 
        directional surveys and geodetic measurements of each 
        satellite hole and emplacement hole prior to the 
        planned date of the beginning of emplacement of sensing 
        elements and cables;
          (d) equipment specified in paragraph 3 of Section 
        VIII of this Protocol shall be operated by Designated 
        Personnel and shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 6(c) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel. The 
        location of each hydrodynamic recording facility and 
        the command and monitoring facility of the Verifying 
        Party and the instrumentation facility of the Testing 
        Party specified in paragraph 10 (l) of this Section 
        shall be determined by the Testing Party in 
        consultation with the Verifying Party in the 
        Coordinating Group no less than 90 days prior to the 
        beginning of emplacement of sensing elements and 
        cables. Areas for the installation of these facilities, 
        cable supports, and cableways for protection of cables 
        of the Verifying Party, specified in paragraphs 3(b), 
        3(f), and 3(g) of Section VIII of this protocol, shall 
        be prepared by the Testing Party in accordance with 
        requirements agreed upon in the Coordinating Group. 
        Only cables of the Verifying Party shall be installed 
        in these cableways. Designated Personnel shall have 
        access, under observation of personnel of the Testing 
        Party, to the cables specified in paragraphs 3(f) and 
        3(g) of Section VIII of this Protocol and to the 
        cableways in which they are installed, at all times. 
        Personnel of the Testing Party shall have access to 
        these cableways only under observation of Designated 
        Personnel;
          (e) Designated Personnel shall have the right to use 
        their own primary electrical power sources to supply 
        electrical power to hydrodynamic equipment specified in 
        paragraph 3 of Section VIII of this Protocol. At the 
        request of the Verifying Party, the Testing Party shall 
        supply electrical power from the standard electrical 
        network of its test site through converters provided by 
        the Verifying Party or, by agreement of the Parties, by 
        the Testing Party;
          (f) for each test, the only equipment installed in a 
        satellite hole shall be that of the Verifying Party 
        specified in paragraphs 3(a) and 3(h) of Section VIII 
        of this Protocol. If an emplacement hole is vertical, 
        the end point of the equipment farthest from the 
        entrance to the satellite hole shall be installed no 
        less than 30 meters below the level of the end of the 
        emplacement hole farthest from the entrance to the 
        emplacement hole. If an emplacement hole is horizontal, 
        the end point of this equipment shall be installed no 
        less than 15 meters beyond the point at which a 
        satellite hole is closest to the end of the emplacement 
        hole farthest from the entrance to the emplacement 
        hole. For each satellite hole, Designated Personnel 
        shall have the right to install no more than six 
        sensing elements and cables, without regard to the 
        number of switches. Personnel of each Party shall have 
        the right to measure the location of the installed 
        sensing elements and cables;
          (g) Designated Personnel shall have the right to 
        conduct a final directional survey and geodetic 
        measurements of each satellite hole upon completion of 
        installation of sensing elements and cables;
          (h) personnel of the Testing Party, under observation 
        of Designated Personnel, shall fill all voids in or 
        connected to each satellite hole within each 
        hydrodynamic measurement zone with a stemming material 
        agreed upon by the Parties, having a bulk density no 
        less than 70 percent of the average density of the 
        surrounding rock. A representative sample of no less 
        than 1000 cubic centimeters in volume of each stemming 
        material used in each hydrodynamic measurement zone 
        shall be provided to Designated Personnel for 
        retention. The methods and materials used for stemming 
        satellite holes and any hydrodynamic measurement 
        equipment emplacement pipe shall:
                  (i) be consistent with the containment 
                practices of the Testing Party;
                  (ii) be chosen to minimize voids around 
                sensing elements and cables; and
                  (iii) be chosen to avoid damage to the 
                sensing elements and cables;
          (i) Designated Personnel shall have the right to 
        observe the stemming of the hydrodynamic measurement 
        zones of each emplacement hole in accordance with 
        paragraphs 2(g) and 3(h) of this Section. A 
        representative sample of no less than 1000 cubic 
        centimeters in volume of each stemming material used in 
        each hydrodynamic measurement zone shall be provided to 
        Designated Personnel for retention;
          (j) the Testing Party shall have the right to case or 
        line each emplacement hole; and
          (k) the Testing Party shall have the right to case or 
        line each satellite hole, provided that:
                  (i) sensing elements and cable can be 
                installed as specified in subparagraph (f) of 
                this paragraph;
                  (ii) casing or lining material in each 
                hydrodynamic measurement zone is agreed upon by 
                the Parties; and
                  (iii) casing or lining in each hydrodynamic 
                measurement zone is affixed to the surrounding 
                formation with material agreed upon by the 
                Parties.
    5. In preparation for the use of the hydrodynamic yield 
measurement method with respect to a test of standard 
configuration, as well as with respect to any explosion having 
a planned yield of 50 kilotons of less:
          (a) upon their arrival at the test site, no less than 
        10 days prior to the planned date of the beginning of 
        emplacement of sensing elements and cables, Designated 
        Personnel shall provide the Testing Party with a 
        description of the recording format and the computer 
        program, to enable the Testing Party to read digital 
        data if digital recordings of hydrodynamic data will be 
        made by Designated Personnel;
          (b) the Testing Party shall provide Designated 
        Personnel upon their arrival at the test site with the 
        results of any studies of core samples and rock 
        fragments extracted from each emplacement hole and 
        satellite hole and any exploratory holes and tunnels, 
        and the results of logging and geodetic measurements 
        carried out in each emplacement hole, each satellite 
        hole, and any exploratory holes and tunnels, relevant 
        to the geology and geophysics of each hydrodynamic 
        measurement zone, if the Testing Party carried out such 
        studies and measurements;
          (c) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole and associated satellite 
                hole, caliper logs, directional surveys, 
                geodetic measurements, and depth or distance 
                measurements to determine the dimensions and 
                the relative locations of the emplacement hole 
                and satellite hole, as well as measurements to 
                determine the location and volume of all voids 
                within each hydrodynamic measurement zone, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding;
                  (ii) if an emplacement hole is vertical, 
                within the hydrodynamic measurement zones of 
                either the emplacement hole or, at the option 
                of the Testing Party, of the satellite hole, 
                gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                acoustic, and television logging;
                  (iii) if an emplacement hole is horizontal, 
                in the emplacement hole and associated 
                satellite hole, as well as in the drilled holes 
                specified in subparagraph (e)(ii) of this 
                paragraph, caliper logs, directional surveys, 
                geodetic measurements, and distance 
                measurements to determine the dimensions and 
                relative location of these holes, as well as 
                measurements to determine the location and 
                volume of all voids within each hydrodynamic 
                measurement zone using, in a non-destructive 
                way, such methods as electromagnetic 
                measurements, radar, and acoustic sounding; and
                  (iv) if an emplacement hole is horizontal, in 
                the drilled holes specified in subparagraph 
                (e)(ii) of this paragraph, and within the 
                hydrodynamic measurement zones of the 
                emplacement hole, or, at the option of the 
                Testing Party, of the satellite hole, gamma-
                gamma, gamma, neutron, electrical resistivity, 
                magnetic susceptibility, gravity, and acoustic 
                logging;
          (d) all logging data and geometrical measurements 
        obtained by Designated Personnel, in accordance with 
        subparagraph (c) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        the data shall be provided to personnel of the Testing 
        Party prior to departure from the test site of 
        Designated Personnel who have carried out these 
        measurements. Calibration data shall include 
        information necessary to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (e) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole or, at the option of the Testing Party, 
                from the satellite hole, extracted at no more 
                than 10 depths within each hydrodynamic 
                measurement zone, specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each depth shall be 
                no less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole or, at the option of the Testing Party, 
                the satellite hole within each hydrodynamic 
                measurement zone. If core samples are extracted 
                from the emplacement hole or, at the option of 
                the Testing Party, from the excavated satellite 
                hole, they shall be extracted during drilling 
                from each of no more than 10 holes drilled at 
                stations specified by Designated Personnel. The 
                diameter of each drilled hole shall be no less 
                than 0.09 meters and no more than 0.15 meters, 
                and the depth of each hole shall be no more 
                than the diameter of the emplacement hole or 
                satellite hole at this station. Core samples 
                shall be extracted at locations specified by 
                Designated Personnel along each drilled hole. 
                If core samples are extracted from a drilled 
                satellite hole, they shall be extracted by 
                personnel of the Testing Party during the 
                drilling of the satellite hole, within each 
                hydrodynamic measurement zone, at no more than 
                10 stations specified by Designated Personnel 
                and under their observation. Rock fragments 
                shall be extracted from the emplacement hole or 
                an excavated satellite hole at each of no more 
                than 10 stations specified by Designated 
                Personnel. Core samples and rock fragments may 
                be taken from no more than a total of 10 
                stations. If an emplacement hole or an 
                excavated satellite hole is lined at any 
                station specified by Designated Personnel for 
                extracting core samples or rock fragments, 
                personnel of the Testing Party shall enable 
                Designated Personnel to extract core samples or 
                rock fragments at such a station from native 
                rock. The total volume of core samples or rock 
                fragments extracted at each station shall be no 
                less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree;
          (f) core samples of rock fragments may be extracted 
        in accordance with subparagraph (e) of this paragraph 
        by personnel of the Testing Party, under observation of 
        Designated Personnel, or by Designated Personnel, at 
        the option of the Testing Party;
          (g) if personnel of the Testing Party do not extract 
        core samples or rock fragments in accordance with 
        subparagraph (e) of this paragraph, Designated 
        Personnel shall have the right, using their own 
        equipment, to extract such core samples or rock 
        fragments in accordance with subparagraph (e) of this 
        paragraph, under observation of personnel of the 
        Testing Party;
          (h) if an emplacement hole is vertical, and if the 
        Testing Party, prior to arrival of Designated Personnel 
        at the test site:
                  (i) has cased a total of 20 meters or more of 
                the emplacement hole or the satellite hole 
                within any hydrodynamic measurement zone, 
                Designated Personnel shall have the right to 
                carry out, in the uncased hole, the activities 
                specified in subparagraph (c)(ii) of this 
                paragraph and to receive core samples or rock 
                fragments from the uncased hole, extracted in 
                accordance with subparagraphs (e), (f), and (g) 
                of this paragraph; or
                  (ii) has cased a total of 20 meters or more 
                of both the emplacement hole and the satellite 
                hole within any hydrodynamic measurement zone, 
                the Testing Party shall provide an uncased hole 
                with respect to which Designated Personnel 
                shall have the same rights as those specified 
                for the emplacement hole and the satellite hole 
                in subparagraphs (c), (e), (f), and (g) of this 
                paragraph. The axis of this uncased hole shall 
                be within 22 meters of the axes of the 
                emplacement hole and the satellite hole within 
                each hydrodynamic measurement zone. If 
                personnel of the Testing Party, under 
                observation of Designated Personnel, extract 
                core samples through coring during the drilling 
                of this uncased hole, the diameter of the hole 
                shall be no less than 0.09 meters. If 
                Designated Personnel, under observation of 
                personnel of the Testing Party, extract core 
                sample from this uncased hole following 
                drilling, the diameter of the uncased hole 
                shall be no less than 0.3 meters;
          (i) Designated Personnel shall have the right to 
        retain core sample and rock fragments specified in 
        subparagraphs (e), (f), (g), and (h) of this paragraph. 
        Any such core samples of rock fragments shall be 
        prepared in accordance with procedures agreed upon by 
        the Parties for shipment to the territory of the 
        Verifying Party; and
          (j) logging, directional surveys, geodetic 
        measurements, and extracting of core samples or rock 
        fragments carried out in accordance with subparagraphs 
        (c), (e), (f), (g), (h), and (i) of this paragraph 
        shall begin at times chosen by the Testing Party and 
        specified in the coordinated schedule. Designated 
        Personnel shall have the right, within a period not to 
        exceed 21 days, to carry out logging, directional 
        surveys, geodetic measurements, and coring activities, 
        unless the Parties otherwise agree and so specify in 
        the coordinated schedule. The Testing Party shall not 
        emplace any explosive until the activities specified in 
        this paragraph have been completed.
    6. With respect to any explosion having a planned yield 
exceeding 50 kilotons and characteristics differing from those 
set forth in paragraph 2 or 3 of this Section with respect to a 
test of standard configuration:
          (a) personnel of the Testing Party, using their own 
        equipment and at a time of their own equipment and at a 
        time of their own choosing, shall drill or excavate up 
        to three satellite holes associated with the 
        emplacement hole. The location of the satellite holes 
        shall be determined in accordance with paragraph 
        11(b)(i) of Section XI of this Protocol. The Testing 
        Party shall have the right to complete drilling or 
        excavation of satellite holes for the specific test 
        prior to the arrival of Designated Personnel at the 
        test site for that test. The satellite holes shall meet 
        the following requirements:
                  (i) with respect to the first satellite hole, 
                its length shall be as specified in paragraph 
                4(a)(ii) of this Section;
                  (ii) with respect to the second and third 
                satellite holes, if such are required by the 
                Verifying Party, the axis of each satellite 
                hole shall be within three meters of the axis 
                specified by the Verifying Party. Its length 
                shall be specified by the Verifying Party and 
                in no case shall it extend beyond the 
                hydrodynamic measurement zone associated with 
                that explosion;
                  (iii) within each hydrodynamic measurement 
                zone, the axis of each satellite hole shall be 
                essentially parallel to the axis of the 
                emplacement hole, if the emplacement hole is 
                vertical, or shall be essentially straight, if 
                the emplacement hole is horizontal. Within each 
                hydrodynamic measurement zone, its axis shall 
                be no less than eight meters from the axis of 
                the emplacement hole, if the emplacement hole 
                is vertical, or no less than 10 meters from the 
                axis of the emplacement hole, if the 
                emplacement hole is horizontal, and no less 
                than six meters from the wall of any drilled or 
                excavated cavity or hole;
                  (iv) with respect to a drilled satellite 
                hole, it shall be drilled no less than 0.3 
                meters and no more than 0.5 meters in diameter, 
                unless the Parties otherwise agree. Within each 
                hydrodynamic measurement zone, no washouts 
                shall penetrate more than one meter into the 
                wall of the hole;
                  (v) with respect to an excavated satellite 
                hole, it shall have a cross section, measured 
                in the plane perpendicular to its axis, no 
                greater than 2.5 meters by 2.5 meters within 
                each hydrodynamic measurement zone; and
                  (vi) within each hydrodynamic measurement 
                zone, except for any drilled or excavated 
                cavity or hole, all voids, external and 
                unconnected to any satellite hole, greater than 
                10 cubic meters in volume, within six meters of 
                the axis of any satellite hole, and all voids 
                greater than one cubic meter in volume, within 
                two meters of the axis of any satellite hole, 
                shall be filled with stemming material having a 
                bulk density no less than 70 percent of the 
                average density of the surrounding rock;
          (b) Designated Personnel shall have the right to 
        carry out, under observation of personnel of the 
        Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel, 
        directional surveys and geodetic measurements of each 
        satellite hole and emplacement hole prior to the 
        beginning of emplacement of sensing elements and cables 
        and transducers;
          (c) equipment specified in paragraph 3 of Section 
        VIII of this Protocol shall be operated by Designated 
        Personnel and shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 6(c) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Testing Party and with their assistance, if such 
        assistance is requested by Designated Personnel. The 
        location of each hydrodynamic recording facility and 
        the command and monitoring facility of the Verifying 
        Party and the instrumentation facility of the Testing 
        Party specified in paragraph 10(l) of this Section 
        shall be determined by the Testing Party in 
        consultation with the Verifying Party in the 
        Coordinating Group no less than 90 days prior to the 
        beginning of emplacement of sensing elements and 
        cables. Areas for the installation of these facilities, 
        cable supports, and cableways for protection of cables 
        of the Verifying Party specified in paragraphs 3(b), 
        3(f), and 3(g) of Section VIII of this Protocol shall 
        be prepared by the Testing Party in accordance with 
        requirements agreed upon in the Coordinating Group. 
        Only cables of the Verifying Party shall be installed 
        in these cableways. Designated Personnel shall have 
        access, under observation of personnel of the Testing 
        Party, to the cables specified in paragraphs 3(f) and 
        3(g) of Section VIII of this Protocol and to the 
        cableways in which they are installed, at all times. 
        Personnel of the Testing Party shall have access to 
        these cableways only under observation of Designated 
        Personnel;
          (d) Designated Personnel shall have the right to use 
        their own primary electrical power sources to supply 
        electrical power to hydrodynamic equipment specified in 
        paragraph 3 of Section VIII of this Protocol. At the 
        request of the Verifying Party, the Testing Party shall 
        supply electrical power from the standard electrical 
        network of its test site through converters provided by 
        the Verifying Party or, upon agreement of the Parties, 
        by the Testing Party;
          (e) for each test, the only equipment installed in 
        each satellite hole shall be that of the Verifying 
        Party specified in paragraphs 3(a) and 3(h) of Section 
        VIII of this Protocol. This equipment shall be 
        installed in each satellite hole at the locations 
        specified by Designated Personnel. Designated Personnel 
        shall have the right to install in each satellite hole 
        no more than six sensing elements and cables, without 
        regard to the number of switches, and no more than six 
        transducers together with no more than 14 cables for 
        information transmission and power supply. The total 
        number of cable in each satellite hole shall not exceed 
        20. Personnel of each Party shall have the right to 
        measure the location of the installed sensing elements 
        and cables and transducers;
          (f) Designated Personnel shall have the right to 
        conduct a final directional survey and geodetic 
        measurements of each satellite hole upon completion of 
        installation of sensing elements and cables and 
        transducers;
          (g) personnel of the Testing Party, under observation 
        of Designated Personnel, shall fill all voids in or 
        connected to each satellite hole within each 
        hydrodynamic measurement zone with a stemming material 
        agreed upon by the Parties, having a bulk density no 
        less than 70 percent of the average density of the 
        surrounding rock. A representative sample of no less 
        than 1000 cubic centimeters in volume of each stemming 
        material used in each hydrodynamic measurement zone 
        shall be provided to Designated Personnel for 
        retention. The methods and materials used for stemming 
        satellite holes and any hydrodynamic measurement 
        equipment emplacement pipe shall:
                  (i) be consistent with the containment 
                practices of the Testing Party;
                  (ii) be chosen to minimize voids around 
                sensing elements and cables and transducers; 
                and
                  (iii) be chosen to avoid damage to the 
                sensing elements and cables and transducers;
          (h) Designated Personnel shall have the right to 
        observe the stemming of the hydrodynamic measurement 
        zones of each emplacement hole in accordance with 
        paragraph 9(d) of this Section. A representative sample 
        of no less than 1000 cubic centimeters in volume of 
        each stemming material used in each hydrodynamic 
        measurement zone shall be provided to Designated 
        Personnel for retention;
          (i) the Testing Party shall have the right to case or 
        line each emplacement hole; and
           (j) the Testing Party shall have the right to case 
        or line each satellite hole, provided that:
                  (i) sensing elements and cables and 
                transducers can be installed as specified in 
                subparagraph (e) of this paragraph;
                  (ii) casing or lining material in each 
                hydrodynamic measurement zone is agreed upon by 
                the Parties; and
                  (iii) casing or lining in each hydrodynamic 
                measurement zone is affixed to the surrounding 
                formation with material agreed upon by the 
                Parties.
    7. In preparation for the use of the hydrodynamic yield 
measurement method with respect to any explosion having a 
planned yield exceeding 50 kilotons and characteristics 
differing from those set forth in paragraph 2 or 3 of this 
Section with respect to a test of standard configuration:
          (a) upon their arrival at the test site, no less than 
        10 days prior to the planned date of the beginning of 
        emplacement of sensing elements and cables and 
        transducers, Designated Personnel shall provide the 
        Testing Party with a description of the recording 
        format and the computer program, to enable the Testing 
        Party to read digital data if digital recordings of 
        hydrodynamic data will be made by Designated Personnel;
          (b) the Testing Party shall provide Designated 
        Personnel upon their arrival at the test site with the 
        results of any studies of core samples and rock 
        fragments extracted from each emplacement hole and 
        satellite hole and any exploratory holes and tunnels, 
        and the results of logging and geodetic measurements 
        carried out in each emplacement hole, each satellite 
        hole, and any exploratory holes and tunnels, relevant 
        to the geology and geophysics of each hydrodynamic 
        measurement zone, if the Testing Party carried out such 
        studies and measurements;
          (c) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole and each associated 
                satellite hole, caliper logs, directional 
                surveys, geodetic measurements, and depth or 
                distance measurements to determine the 
                dimensions and the relative locations of the 
                emplacement hole and each satellite hole, as 
                well as measurements to determine the location 
                and volume of all voids within each 
                hydrodynamic measurement zone, using, in a non-
                destructive way, such methods as 
                electromagnetic measurements, radar, and 
                acoustic sounding;
                  (ii) if an emplacement hole is vertical, 
                within the hydrodynamic measurement zones of 
                the emplacement hole and each associated 
                satellite hole, gamma-gamma, gamma, neutron, 
                electrical resistivity, magnetic 
                susceptibility, gravity, acoustic, and 
                television logging;
                  (iii) if an emplacement hole is horizontal, 
                in the emplacement hole and each associated 
                satellite hole, as well as in the drilled holes 
                specified in subparagraph (e)(ii) of this 
                paragraph, caliper logs, directional surveys, 
                geodetic measurements, and distance 
                measurements to determine the dimensions and 
                relative location of these holes, as well as 
                measurements to determine the location and 
                volume of all voids in each hydrodynamic 
                measurement zone using, in a non-destructive 
                way, such methods as electromagnetic 
                measurements, radar, and acoustic sounding;
                  (iv) if an emplacement hole is horizontal, in 
                the drilled holes specified in subparagraph 
                (e)(ii) of this paragraph, and within the 
                hydrodynamic measurement zones of the 
                emplacement hole and each associated satellite 
                hole, gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                and acoustic logging; and
                  (v) magnetic surveys, in vertical satellite 
                holes and drilled horizontal satellite holes, 
                to obtain information necessary for the 
                installation and positioning of transducers;
          (d) all logging data and geometrical measurements 
        obtained by Designated Personnel, in accordance with 
        subparagraph (c) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        the data shall be provided to personnel of the Testing 
        Party prior to departure from the test site of 
        Designated Personnel who have carried out these 
        measurements. Calibration data shall include 
        information necessary to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (e) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                sample or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole and from each satellite hole, extracted at 
                no more than 10 depths within each hydrodynamic 
                measurement zone, specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each depth shall be 
                no less than 400 cubic centimeters and no more 
                than 3000 cubic centimeters, unless the Parties 
                otherwise agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or, at the option of Designated 
                Personnel, rock fragments from the emplacement 
                hole and each satellite hole within each 
                hydrodynamic measurement zone. If core samples 
                are extracted from the emplacement hole or an 
                excavated satellite hole, they shall be 
                extracted during drilling from each of no more 
                than 10 holes drilled at stations specified by 
                Designated Personnel. The diameter of each 
                drilled hole shall be no less than 0.09 meters 
                and no more than 0.15 meters, and the depth of 
                each hole shall be no more than the diameter of 
                the emplacement hole or satellite hole at this 
                station. Core samples shall be extracted at 
                locations specified by Designated Personnel 
                along each drilled hole. If core samples are 
                extracted form a drilled satellite hole, they 
                shall be extracted by personnel of the Testing 
                Party during the drilling of the satellite 
                hole, within each hydrodynamic measurement 
                zone, at no more than 10 stations specified by 
                Designated Personnel and under their 
                observation. Rock fragments shall be extracted 
                from the emplacement hole or an excavated 
                satellite hole at each of no more than 10 
                stations specified by Designated Personnel. 
                Core samples and rock fragments may be taken 
                from no more than a total of 10 stations for 
                each hole. If an emplacement hole or an 
                excavated satellite hole is lined at any 
                station specified by Designated Personnel for 
                extracting core samples or rock fragments, 
                personnel of the Testing Party shall enable 
                Designated Personnel to extract core samples or 
                rock fragments at such a station from native 
                rock. The total volume of core samples or rock 
                fragments extracted at each station shall be no 
                less than 400 cubic centimeters, unless the 
                Parties otherwise agree;
          (f) core samples or rock fragments may be extracted 
        in accordance with subparagraph (e) of this paragraph 
        by personnel of the Testing Party, under observation of 
        Designated Personnel, or by Designated Personnel, at 
        the option of the Testing Party;
          (g) if personnel of the Testing Party do not extract 
        core samples or rock fragments in accordance with 
        subparagraph (e) of this paragraph, Designated 
        Personnel shall have the right, using their own 
        equipment, to extract such core samples or rock 
        fragments in accordance with subparagraph (e) of this 
        paragraph, under observation of personnel of the 
        Testing Party;
          (h) if an emplacement hole is vertical, and if the 
        Testing Party, prior to arrival of Designated Personnel 
        at the test site, has cased a total of 20 meters or 
        more of the emplacement hole or any satellite hole 
        within any hydrodynamic measurement zone, and if within 
        22 meters from this cased hole there is no uncased hole 
        with a diameter no less than 0.3 meters, the Testing 
        Party shall provide an uncased hole for each hole so 
        cased, with respect to which the Verifying Party shall 
        have the same rights as those specified in 
        subparagraphs (c), (e), (f), and (g) of this paragraph. 
        Within each hydrodynamic measurement zone the axis of 
        each uncased hole shall be no less than 11 and no more 
        than 22 meters from such a cased hole. If personnel of 
        the Testing Party, under observation of Designated 
        Personnel, extract core samples through coring during 
        the drilling of this uncased hole, the diameter of the 
        hole shall be no less than 0.09 meters. If Designated 
        Personnel, under observation of personnel of the 
        Testing Party, extract core samples from this uncased 
        hole following drilling, the diameter of the uncased 
        hole shall be no less than 0.3 meters;
          (i) Designated Personnel shall have the right to 
        retain core samples and rock fragments specified in 
        subparagraphs (c), (e), (f), (g), and (h) of this 
        paragraph. Any such core samples or rock fragments 
        shall be prepared in accordance with procedures agreed 
        upon by the Parties for shipment to the territory of 
        the Verifying Party; and
          (j) logging, directional surveys, magnetic surveys, 
        geodetic measurements, and extracting of core samples 
        or rock fragments carried out in accordance with 
        subparagraphs (e), (f), (g), (h), and (i) of this 
        paragraph shall begin at times chosen by the Testing 
        Party and specified in the coordinated schedule. 
        Designated Personnel shall have the right, within a 
        period not to exceed 25 days, to carry out logging, 
        directional surveys, magnetic surveys, geodetic 
        measurements, and coring activities, unless the Parties 
        otherwise agree and so specify in the coordinated 
        schedule. The Testing Party shall not emplace any 
        explosive until the activities specified in this 
        paragraph have been completed.
    8. If the Verifying Party has notified the Testing Party 
that it intends to use the hydrodynamic yield measurement 
method with respect to a test of non-standard configuration 
having a planned yield exceeding 50 kilotons, and that it 
requires a reference test in accordance with paragraph 7 of 
Section III of this Protocol, the Testing Party shall provide 
for such a reference test for the non-standard test. To serve 
as a reference test, a test shall:
          (a) have a planned yield exceeding 50 kilotons;
          (b) be of standard configuration;
          (c) have a single explosive canister;
          (d) meet the following spacing criteria:
                  (i) the horizontal separation between the 
                emplacement point of the reference test and 
                each emplacement point of the non-standard test 
                at which any explosive canister or its 
                emplacement conditions differ from those 
                specified for a test of standard configuration 
                shall be no less than 300 meters and no more 
                than 2000 meters.
                  (ii) each explosive canister of the test of 
                non-standard configuration and the explosive 
                canister of the associated reference test shall 
                all be emplaced above the water table or shall 
                all be emplaced below the water table; and
                  (iii) the depth of all emplacement points of 
                the test of non-standard configuration shall be 
                within 150 meters of the depth of the 
                emplacement point of its associated reference 
                tests; and
          (e) be conducted either prior to, or within 12 months 
        following, the conduct of the test of non-standard 
        configuration for which it serves as a reference test.
    9. Designated Personnel shall have the right:
          (a) to have access along agreed routes to the 
        location of the test to carry out activities related to 
        use of the hydrodynamic yield measurement method;
          (b) to have access to their equipment associated with 
        the hydrodynamic yield measurement method from the time 
        of its delivery to Designated Personnel at the test 
        site, until it is transferred to personnel of the 
        Testing Party in accordance with paragraph 7(i) of 
        Section VIII of this Protocol, unless otherwise 
        provided in this Protocol;
          (c) with respect to a test of standard configuration, 
        as well as with respect to any explosion having a 
        planned yield of 50 kilotons or less:
                  (i) if an emplacement hole is vertical, prior 
                to the lowering of the explosive canister into 
                the emplacement hole, to confirm by direct 
                measurement the external dimensions of each 
                explosive canister; to inspect visually the 
                entire structure of that canister and the choke 
                section; to confirm by direct measurement that 
                the choke section conforms to the 
                specifications set forth in paragraph 2(c) of 
                this Section; to observe continuously the 
                explosive canister and any choke section from 
                the time inspections and measurements, carried 
                out in accordance with this subparagraph, 
                begin; to observe the emplacement of the 
                explosive canister into the emplacement hole 
                and stemming of the emplacement hole from the 
                time the entire explosive canister is last 
                visible above the entrance of the emplacement 
                hole until completion of stemming of each 
                hydrodynamic measurement zone of the 
                emplacement hole; to determine by direct 
                measurement the depth of emplacement of the 
                bottom part of any choke section; and to 
                observe the stemming of the entire satellite 
                hole; and
                  (ii) if an emplacement hole is horizontal, 
                following placement of explosive canisters in 
                the emplacement hole, and prior to the 
                beginning of stemming around explosive 
                canisters, to confirm by direct measurement the 
                external dimensions of each explosive canister; 
                to inspect visually the entire external 
                structure of each explosive canister; to 
                confirm by direct measurement that each choke 
                section confirms to the specifications set 
                forth in paragraph 3(e) of this Section; to 
                observe continuously each explosive canister 
                and each choke section from the time 
                inspections and measurements, carried out in 
                accordance with this subparagraph, begin, until 
                the completion of stemming around each 
                explosive canister and choke section, or, at 
                the option of the Testing Party, until the 
                explosive canister and choke section are fixed 
                in place with solidified stemming material, in 
                which case, after a period of no more than 24 
                hours for placement of explosives, to observe 
                the explosive canister, the choke section, and 
                the completion of stemming around each 
                explosive canister and choke section; and to 
                observe the stemming of each hydrodynamic 
                measurement zone of the emplacement hole, the 
                stemming of any access or bypass drifts, the 
                stemming of any voids in each hydrodynamic 
                measurement zone connected to the emplacement 
                hole; and to observe the entire stemming of 
                each associated satellite hole;
          (d) with respect to any explosion having a planned 
        yield exceeding 50 kilotons and characteristics 
        differing from those set forth in paragraph 2 or 3 of 
        this Section with respect to a test of standard 
        configuration:
                  (i) if an emplacement hole is vertical, prior 
                to the lowering of an explosive canister into 
                the emplacement hole, to confirm by direct 
                measurement the external dimensions of each 
                explosive canister; to inspect visually the 
                external structure of each canister and each 
                choke section; to confirm by direct measurement 
                that each choke section conforms to any 
                specifications provided by the Testing Party in 
                accordance with paragraph 10(c)(iii) of Section 
                XI of this Protocol; to observe continuously 
                each explosive canister and each choke section 
                from the time inspections and measurements, 
                carried out in accordance with this 
                subparagraphs, begin; to observe the 
                emplacement of each explosive canister into the 
                emplacement hole and the stemming of the 
                emplacement hole from the time an entire 
                explosive canister is last visible above the 
                entrance of the emplacement hole until 
                completion of stemming of each hydrodynamic 
                measurement zone of the emplacement hole; to 
                determine by direct measurement the depth of 
                emplacement of the upper surface of each 
                explosive canister; and to observe the entire 
                stemming of each associated satellite hole;
                  (ii) if an emplacement hole is horizontal, 
                following placement of all explosive canisters 
                in the emplacement hole and prior to the 
                beginning of stemming around the explosive 
                canisters to confirm by direct measurement the 
                external dimensions of each explosive canister; 
                to inspect visually the entire external 
                structure of each explosive canister; to 
                confirm by direct measurement that each choke 
                section conforms to any specifications provided 
                by the Testing Party in accordance with 
                paragraph 10(c)(iii) of Section XI of this 
                Protocol; to observe continuously each 
                explosive canister and each choke section from 
                the time inspections and measurements, carried 
                out in accordance with this subparagraph, 
                begin, until the completion of stemming around 
                each explosive canister and choke section, or, 
                at the option of the Testing Party, until the 
                explosive canister and choke section are fixed 
                in place with solidified stemming material, in 
                which case, after a period of no more than 24 
                hours for placement of explosives, to observe 
                the explosive canister, the choke section, and 
                the completion of stemming around each 
                explosive canister and choke section; and to 
                observe the stemming of each hydrodynamic 
                measurement zone of the emplacement hole, 
                except those voids and any access or bypass 
                drifts designated by the Testing Party to 
                remain unstemmed in accordance with paragraph 
                10(c) of Section XI of this Protocol; and to 
                observe the entire stemming of each associated 
                satellite hole; and
                  (iii) if a test is conducted in a cavity, to 
                measure the shape and volume of the cavity 
                after excavation and once again immediately 
                prior to placement of explosive canisters with 
                explosives or placement of explosives into 
                canisters. After placement of explosive 
                canisters with explosives or placement of 
                explosives into explosive canisters, Designated 
                Personnel shall have the right to observe 
                explosive canisters and to observe the stemming 
                of each hydrodynamic measurement zone of the 
                emplacement hole and any access or bypass 
                drifts, and of any voids connected to the 
                emplacement hole, within hydrodynamic 
                measurement zone, except those voids and any 
                access or bypass drifts designated by the 
                Testing Party to remain unstemmed, in 
                accordance with paragraph 10(c) of Section XI 
                of this Protocol; and to observe the entire 
                stemming of each associated satellite hole;
          (e) with respect to a test of standard configuration, 
        as well as with respect to any explosion having a 
        planned yield of 50 kilotons or less:
                  (i) if an emplacement hole is vertical, to 
                unobstructed visual observation of the entrance 
                to the emplacement hole and associated 
                satellite hole from completion of stemming of 
                the satellite hole and of the hydrodynamic 
                measurement zones of the emplacement hole until 
                departure of all personnel from the test 
                location prior to the test; and
                  (ii) if an emplacement hole is horizontal, to 
                unobstructed visual observation of sensing 
                elements and cables and transducers until 
                completion of stemming of all associated 
                satellite holes, and of cables specified in 
                paragraph 3(b) of Section VIII of this Protocol 
                until completion of their installation in 
                protective cableways specified in paragraph 
                4(d) of this Section of the Protocol, as well 
                as the entrance to the emplacement hole and 
                associated satellite hole from completion of 
                stemming of all satellite holes and of the 
                hydrodynamic measurement zones of the 
                emplacement hole until departure of all 
                personnel from the test location prior to the 
                test;
          (f) with respect to any explosion having a planned 
        yield exceeding 50 kilotons and characteristics 
        differing from those set forth in paragraph 2 or 3 of 
        this Section with respect to a test of standard 
        configuration:
                  (i) if an emplacement hole is vertical, to 
                unobstructed visual observation of the entrance 
                to the emplacement hole and associated 
                satellite hole from completion of stemming of 
                all satellite holes and of the hydrodynamic 
                measurement zones of the emplacement hole until 
                departure of all personnel from the test 
                location prior to the test; and
                  (ii) if an emplacement hole is horizontal, to 
                unobstructed visual observation of sensing 
                elements and cables and transducers until 
                completion of stemming of all associated 
                satellite holes, and of cables specified in 
                paragraph 3(b) of Section VIII of this Protocol 
                until completion of their installation in 
                protective cableways specified in paragraph 
                6(c) of this Section of the Protocol, as well 
                as the entrance to the emplacement hole and 
                associated satellite hole from completion of 
                stemming of all satellite holes and of the 
                hydrodynamic measurement zones of the 
                emplacement hole until departure of all 
                personnel from the test location prior to the 
                test;
          (g) to monitor electrically the integrity and 
        performance of their equipment specified in paragraphs 
        3(a), 3(b), 3(c), 3(d), 3(e), 3(f), and 3(g) of Section 
        VIII of this Protocol and to observe continuously the 
        cables specified in paragraphs 3(f) and 3(g) of Section 
        VIII of this Protocol and the cableways in which they 
        are installed as specified in paragraphs 4(d) and 6(c) 
        of this Section, from the time emplacement of sensing 
        elements and cables and transducers begins until 
        departure of all personnel from the test location. 
        Following departure of personnel and until reentry of 
        personnel to the test location following the test, 
        Designated Personnel shall have the right to observe 
        remotely, by means of closed-circuit television, the 
        surface area containing their hydrodynamic yield 
        measurement equipment;
          (h) to monitor electrically the integrity and 
        performance of their equipment specified in paragraphs 
        3(a), 3(b), 3(c), 3(d), 3(f), and 3(g) of Section VIII 
        of this Protocol from the command and monitoring 
        facility specified in paragraph 3(e) of Section VIII of 
        this Protocol, from commencement of its use by 
        Designated Personnel until completion of the activities 
        specified in paragraphs 9(m) and 14(b) of this Section;
          (i) to transmit from the command and monitoring 
        facility to each hydroponic recording facility the 
        commands required for operation of that hydroponic 
        recording facility;
          (j) to use channels provided by the Testing Party 
        within its telemetry system for transmission of 
        information specified in subparagraphs (h), (i), (k), 
        and (l) of this paragraph, if such a system is used at 
        the test site of the Testing Party, or to use for these 
        purposes its own cables, specified in paragraph 3(g) of 
        Section VIII of this Protocol;
          (k) to carry out hydrodynamic yield measurements and 
        to record the hydrodynamic data;
          (l) to transmit the hydrodynamic yield measurement 
        data from each hydrodynamic recording facility to the 
        command and monitoring facility; and
          (m) to reenter the area containing each hydrodynamic 
        recording facility at the same time as personnel of the 
        Testing Party, and to have access, in accordance with 
        procedures agreed upon by the Parties and accompanied 
        by personnel of the Testing Party, to each hydrodynamic 
        recording facility, for the purposes of retrieving and 
        verifying the authenticity of recorded data and 
        assessing the performance of the equipment of the 
        Verifying Party during data recording and transmission.
    10. During the carrying out of hydrodynamic yield 
measurements:
          (a) the Representative of the Testing Party shall 
        notify, in writing, the Designated Personnel Team 
        Leader at the test site of the beginning of the period 
        of readiness and the planned time of the test, in 
        accordance with paragraph 13 of Section IV of this 
        Protocol;
          (b) the Testing Party shall produce an event 
        readiness signal in the interval from seven to 15 
        minutes prior to the planned time of the test, as 
        specified by the Verifying Party, with an accuracy of 
        plus or minus 100 milliseconds. The parameters for this 
        signal, produced by the Testing Party, and procedures 
        for its transmission shall be agreed upon by the 
        Parties;
          (c) Designated Personnel shall have the right to 
        generate, using the trigger conditioner devices 
        approved by the Parties, a timing reference signal 
        using an electromagnetic pulse from their sensing 
        elements and cables. This timing reference signal shall 
        be generated, transmitted, and used by Designated 
        Personnel without intervention by personnel of the 
        Testing Party. For each explosion in a test, the 
        trigger conditioner shall receive signals from one or 
        two hydrodynamic yield measurement cables;
          (d) Designated Personnel, under observation of 
        personnel of the Testing Party, shall have the right to 
        install the trigger conditioner devices. From the time 
        of installation of these devices until the time of the 
        test:
                  (i) Designated Personnel shall have the right 
                to test and monitor the operation of the 
                devices;
                  (ii) personnel of the Testing Party shall 
                have the right to monitor the operation of the 
                devices and to monitor and record the timing 
                reference signal; and
                  (iii) neither Designated Personnel nor 
                personnel of the Testing Party shall have 
                physical access to the devices, except under 
                observation of personnel of the other Party;
          (e) the Testing Party shall provide, at the request 
        of the Verifying Party, an electrical plus 
        corresponding to the nuclear explosion zero-time, with 
        an accuracy of plus or minus one microsecond, for each 
        explosion. The parameters for this signal and 
        procedures for its transmission and reception shall be 
        agreed upon by the Parties;
          (f) the Testing Party shall have exclusive control 
        over the generation of signals specified in 
        subparagraphs (b) and (e) of this paragraph;
          (g) Designated Personnel, under observation of 
        personnel of the Testing Party, shall install in each 
        cable from each satellite hole to a hydrodynamic 
        recording facility an anti-intrusiveness device for 
        interrupting the transmission, from the sensing 
        elements and cables and transducers to the hydrodynamic 
        recording facility of the Verifying Party, of any 
        signal unrelated to hydrodynamic yield measurements. 
        These devices shall be provided by the Testing Party 
        from among those approved by both Parties and shall not 
        interfere with the ability of Designated Personnel to 
        record data required for hydrodynamic yield 
        measurements of each explosion in a test. From the time 
        of installation of these devices until the final dry 
        run, personnel of each Party shall have the right to 
        test and monitor the operation of the devices and to 
        have physical access to them only under observation of 
        personnel of the other Party. Sole control over the 
        triggering of these devices shall be transferred to the 
        Testing Party at the time of departure of all personnel 
        from the test location prior to the test;
          (h) each hydrodynamic recording facility shall have 
        an independent grounding loop with an impedance no 
        greater than 10 ohms;
          (i) the shields of all cables associated with sensing 
        elements and cables and transducers of the Verifying 
        Party shall be grounded:
                  (i) at the input to each hydrodynamic 
                recording facility of the Verifying Party;
                  (ii) at the output of each anti-intrusiveness 
                device;
                  (iii) at the input of each trigger 
                conditioner device; and
                  (iv) in those cables associated with sensing 
                elements and cables in which no trigger 
                conditioner device is installed, at the input 
                of the anti-intrusiveness device;
          (j) grounding of each hydrodynamic recording 
        facility, as well as grounding of cables associated 
        with the sensing elements and cables and transducers of 
        the Verifying Party, shall be carried out by Designated 
        Personnel under observation of personnel of the Testing 
        Party. The grounding system of each hydrodynamic 
        recording facility, as well as of cables associated 
        with the sensing elements and cables and transducers 
        shall be under the joint control of the Parties;
          (k) Designated Personnel shall have the right to 
        install, under observation of personnel of the Testing 
        Party, an isolation transformer at the input of each 
        anti-intrusiveness device or trigger conditioner 
        device. From the time of installation of these devices 
        until the time of the test, neither Designated 
        Personnel nor personnel of the Testing Party shall have 
        physical access to these devices, except under 
        observation of personnel of the other Party;
          (l) The Testing Party shall have the right to 
        install, at a distance of no less than 50 meters from 
        each hydrodynamic recording facility, a facility 
        containing instrumentation for monitoring and recording 
        the timing reference signal, for controlling and 
        monitoring the operation of the anti-intrusiveness 
        devices, and for the transmission of control and 
        trigger signals. Signals between the instrumentation 
        facility of the Testing Party and each hydrodynamic 
        recording facility shall be transmitted over fiber 
        optic cables. The Testing Party shall provide for the 
        installation, in each hydrodynamic recording facility, 
        of terminal devices for converting optical signals into 
        electrical signals produced in accordance with 
        subparagraphs (b) and (e) of this paragraph, and for 
        monitoring the interval of interruption and for 
        monitoring the power supply of the anti-intrusiveness 
        device, in accordance with subparagraph (g) of this 
        paragraph. The Verifying Party shall provide for the 
        installation in the facility of the Testing Party of a 
        terminal device for converting an optical signal into 
        an electrical time referencing signal provided in 
        accordance with subparagraph (d)(ii) of this paragraph. 
        These provided devices shall be installed under 
        observation of personnel of both Parties and sealed by 
        the Party providing the device. The instrumentation 
        facilities specified in this subparagraph shall be 
        under the exclusive control of the Testing Party; and
          (m) upon arrival at the test site, Designated 
        Personnel shall provide the Testing Party with a copy 
        of the block diagram of the equipment configuration for 
        hydrodynamic yield measurements for the test together 
        with notification of any changes from the block diagram 
        approved during the familiarization process provided in 
        paragraph 6(d)(i) of Section VIII of this Protocol. No 
        less that two days prior to the final dry run, 
        Designated Personnel shall notify the Testing Party, in 
        writing, of any additional changes in this block 
        diagram. In the event of any changes in the block 
        diagram, the Testing Party shall have the right, within 
        one day following such notification, to disapprove any 
        changes it finds inconsistent with its non-
        intrusiveness, containment, safety, or security 
        requirements. Such disapproval shall be provided, in 
        writing, to the Designated Personnel Team Leader, 
        stating the specific reasons for disapproval. Any 
        changes not disapproved shall be deemed accepted. If a 
        change is disapproved, Designated Personnel shall 
        configure the equipment in accordance with the block 
        diagram previously approved in accordance with 
        paragraph 6(d)(i) of Section VIII of this Protocol, 
        unless the Testing Party otherwise agrees.
    11. Personnel of the Testing Party shall have the right to 
observe used of equipment by Designated Personnel at the test 
site, with access to each hydrodynamic recording facility and 
the command and monitoring facility of the Verifying Party 
subject to the following:
          (a) at any time prior to the test that Designated 
        Personnel are not present in these facilities, these 
        facilities shall be sealed by the seals of both 
        Parties. Seals shall be removed only under observation 
        of personnel of both Parties;
          (b) prior to the test, except for periods specified 
        in subparagraphs (c) and (d) of this paragraph, 
        personnel of the Testing Party may enter these 
        facilities only with the agreement of the Designated 
        Personnel Team Leader and when accompanied by the Team 
        Leader or his designated representative;
          (c) for the period of two hours prior to the final 
        dry run, and for the period of two hours prior to the 
        time fixed for withdrawal of all personnel to the area 
        designated for occupation during the test, personnel of 
        the Testing Party, not to exceed two, shall have the 
        right to join Designated Personnel in each hydrodynamic 
        recording facility, to observe final preparations of 
        the equipment and to confirm the agreed configuration 
        of that equipment. All personnel shall leave the 
        facility together; and
          (d) for a period beginning two hours prior to a test 
        and ending upon completion of the activities specified 
        in paragraphs 9(m) and 14(b) of this Section, personnel 
        of the Testing Party, not to exceed two, shall have the 
        right to join Designated Personnel in the command and 
        monitoring of the recording equipment and acquisition 
        and duplication of data, and to receive a copy of these 
        data.
    12. Designated Personnel shall have the right to obtain 
photographs taken by personnel of the Testing Party using 
photographic cameras of the Testing Party or, at the option of 
the Testing Party, photographic cameras provided by the 
Verifying Party. These photographs shall be taken under the 
following conditions:
          (a) the Testing Party shall identify those of its 
        personnel who will take photographs;
          (b) photographs shall be taken at the request and 
        under observation of Designated Personnel. If requested 
        by Designated Personnel, such photographs shall show 
        the size of an object by placing a measuring scale, 
        provided by Designated Personnel, alongside that object 
        during the photographing;
          (c) Designated Personnel shall determine whether 
        photographs conform to those requested, and if not, 
        repeat photographs shall be taken; and
          (d) before completion of any photographed operation 
        related to emplacement, and prior to the time at which 
        an object that is being photographed becomes 
        permanently hidden from view, Designated Personnel 
        shall determine whether requested photographs are 
        adequate. If they are not adequate, before the 
        operation shall proceed additional photographs shall be 
        taken until the Designated Personnel determine that the 
        photographs of that operation are adequate. This 
        photographic process shall be undertaken as 
        expeditiously as possible, and in no case shall the 
        cumulative delay resulting from this process exceed two 
        hours for each of the operations specified in 
        paragraphs 13(a), 13(b), 13(d), 13(e), and 13(f) of 
        this Section, unless the Parties otherwise agree, 
        except that stemming shall not be interrupted as a 
        result of the photographic process.
    13. Designated Personnel shall have the right to obtain 
photographs, taken in accordance with paragraph 12 of this 
Section, of the following:
          (a) the emplacement and installation of equipment 
        associated with the hydrodynamic yield measurement 
        method, including all sensing elements and cables and 
        transducers and their connections, each hydrodynamic 
        recording facility, the command and monitoring 
        facility, anti-intrusiveness devices, and trigger 
        conditioner devices;
          (b) the stemming of all satellite holes;
          (c) all choke sections and the exterior of each 
        explosive canister;
          (d) if an emplacement hole is vertical, the 
        emplacement of each explosive canister and the stemming 
        of the hydrodynamic measurement zones of the 
        emplacement hole;
          (e) if an emplacement hole is horizontal, the 
        interior of the emplacement hole within 20 meters of 
        the emplacement point of each installed explosive 
        canister and the stemming of each hydrodynamic 
        measurement zones of the emplacement hole;
          (f) core samples and rock fragments obtained in 
        accordance with paragraphs 5(e), 5(f), 5(g), 5(h), 
        7(e), 7(f), 7(g), and 7(h) of this Section, the 
        equipment and activities associated with extracting 
        such samples, as well as the interior of the 
        emplacement hole, if an emplacement hole is horizontal, 
        at the stations where core samples or rock fragments 
        were extracted; and
          (g) with the agreement of the Testing Party, other 
        activities of Designated Personnel directly related to 
        the use of the hydrodynamic yield measurement method.
    14. The following procedures shall apply to the recovery 
and transfer of data:
          (a) no later than the final dry run, Designated 
        Personnel shall inform personnel of the Testing Party 
        of the procedures for recovering and verifying the 
        authenticity of data and shall advise personnel of the 
        Testing Party, at the time of data recovery, of any 
        changes Designated Personnel make in those procedures 
        and the reasons for such changes;
          (b) following the test, Designated Personnel, in the 
        presence of personnel of the Testing Party, shall enter 
        the hydrodynamic recording facility and recover all 
        recordings of data taken at the time of the test. 
        Designated Personnel shall prepare two identical copies 
        of such data. Personnel of the Testing Party shall 
        select one of the two identical copies. Designated 
        Personnel shall retain the other copy, but no other 
        such data; and
          (c) following the completion of the activities 
        specified in paragraph 9(m) of this Section and 
        subparagraph (b) of this paragraph, Designated 
        Personnel shall leave the hydrodynamic recording 
        facility and the command and monitoring facility at the 
        same time as personnel of the Testing Party. Designated 
        Personnel shall have no further access to their 
        hydrodynamic recording facility, command and monitoring 
        facility, or equipment until these are returned to the 
        Verifying Party in accordance with paragraph 7(i)(ii) 
        of Section VIII of this Protocol, unless the Parties 
        otherwise agree, in which case access by Designated 
        Personnel to their facilities and equipment shall be 
        under observation of personnel of the Testing Party.
    15. Designated Personnel shall not be present in areas from 
which all personnel of the Testing Party have been withdrawn in 
connection with the test, but shall have the right to reenter 
those areas, as provided in this Protocol, at the same time as 
personnel of the Testing Party.
    16. All hydrodynamic yield measurement activities shall be 
carried out in accordance with the coordinated schedule. 
Designated Personnel who will carry out the activities 
specified in this Section and in paragraph 7(e) of Section VIII 
of this Protocol shall arrive at the test site in accordance 
with the coordinated schedule, but no less than three days 
prior to the date specified by the Testing Party for the 
beginning of these activities.
    17. The number of Designated Personnel carrying out 
hydrodynamic yield measurements with respect to a test of 
standard configuration conducted in a single emplacement hole, 
without regard to the number of ends of that emplacement hole, 
as these are specified in paragraph 3(b) of this Section, shall 
not exceed, at any time, 35 individuals, and the number of 
Designated Personnel, at any time, carrying out hydrodynamic 
yield measurements with respect to a test of non-standard 
configuration or a test conducted in more than one emplacement 
hole shall not exceed, at any time, 45 individuals, unless the 
Parties otherwise agree. Within these totals, the coordinated 
schedule shall be developed so as to ensure that the number of 
Designated Personnel for carrying out hydrodynamic yield 
measurements with respect to a specified test shall not exceed:
          (a) if a test is of standard configuration, for 
        carrying out activities related to hydrodynamic yield 
        measurements, other than activities specified in 
        paragraphs 5(j) of this Section, 26 individuals and, 
        for carrying out activities specified in paragraph 5(j) 
        of this Section:
                  (i) if an emplacement hole is vertical, 18 
                individuals; or
                  (ii) if an emplacement hole is horizontal, 22 
                individuals; or
          (b) if a test is of non-standard configuration or is 
        conducted in more than one emplacement hole, for 
        carrying out activities related to hydrodynamic yield 
        measurements other than activities specified in 
        paragraph 5(j) or 7(j) of this Section, 35 individuals 
        and, for carrying out activities specified in paragraph 
        5(j) or 7(j) of this Section, 26 individuals; and
          (c) Designated Personnel shall include at least two 
        individuals fluent in the language of the Party.

              SECTION VI. SEISMIC YIELD MEASUREMENT METHOD

    1. For the purposes of the use of the seismic yield 
measurement method, the Verifying Party shall have the right to 
carry out independent measurements at three Designated Seismic 
Stations in the territory of the Testing Party, in accordance 
with this Section. Designated Seismic Stations of each Party 
shall meet the following criteria:
          (a) be located within its continental territory;
          (b) each shall have an Lg-wave signal-to-noise ration 
        not less than nine for any test in its territory having 
        a yield of 150 kilotons. The signal-to-noise ratio 
        shall be defined as one-half of the maximum peak 
        amplitude of the Lg-wave signal divided by the root-
        mean-square value of the seismic noise in the recording 
        segment immediately preceding the arrival of the P-wave 
        signal and having a duration of no less than one 
        minute. The signals and the noise shall be measured on 
        a vertical component of the recording in the frequency 
        range typical of Lg-waves recorded at the Designated 
        Seismic Station;
          (c) ensure wide azimuthal coverage of each of its 
        test sites, insofar as permitted by their geographic 
        location; and
          (d) be chosen from those existing seismic stations 
        that provide earthquake and other seismic event data, 
        including tests, to archives in the territory of the 
        Testing Party, accessible to the Verifying Party.
    2. The United States of America designates the following 
three seismic stations as meeting the criteria specified in 
paragraph 1 of this Section: Tulsa, Oklahoma (TUL) (35+55N; 
095+48W); Black Hills, South Dakota (RSSD) (44+07N; 
104+02W); and Newport Washington, (NEW) 48+16N); 117+07W).
    3. The Union of Soviet Socialist Republics designates the 
following three seismic stations as meeting the criteria 
specified in paragraph 1 of this Section: Arti (ARU) (56+26N; 
058+34E); Novosibirsk (NVS) (54+51N; 083+16E); and Obninsk 
(OBN) (55+07N; 036+34E).
    4. Upon entry into force of the Treaty each Party shall 
provide the other Party with the following information on each 
of its Designated Seismic Stations:
          (a) a site diagram of the station showing the areas 
        assigned for use by Designated Personnel;
          (b) elevation above mean sea level to the nearest 10 
        meters; and
          (c) types of rock on which it is located.
    5. The Testing Party shall have the right to replace one or 
more of its Designated Seismic Stations, provided:
          (a) the new Designated Seismic Station meets all the 
        criteria specified in paragraph 1 of this Section;
          (b) notification of the decision of the Testing Party 
        to select a new Designated Seismic Station, together 
        with the station name and its reference code, the 
        station coordinates to the nearest one minute of 
        geographic latitude and longitude, and the information 
        and site diagram for the new station specified in 
        paragraph 4 of this Section, is provided to the 
        Verifying Party no less than 90 days prior to the 
        planned date of any test with respect to which the 
        Verifying Party has notified the Testing Party that it 
        intends to use the seismic yield measurement method and 
        for which this Designated Seismic Station would be 
        used; and
          (c) seismic data, for the period from entry into 
        force of the Treaty until the new designated Seismic 
        Station, are placed in archives in the territory of the 
        Testing Party, accessible to the Verifying Party. If a 
        Designated Seismic Station is replaced within the first 
        four years of operation of the new Designated Seismic 
        Station shall be placed in archives in the territory of 
        the Testing Party, accessible to the Verifying Party.
    6. If any Designated Seismic Station does not meet the 
criteria specified in paragraph 1 of this Section, the 
Verifying Party shall have the right to request its replacement 
with another Designated Seismic Station that meets such 
criteria. Any request by the Verifying Party for replacement 
shall state the reasons this Designated Seismic Station does 
not meet the criteria specified in paragraph 1 of this Section, 
and shall be transmitted to the Testing Party through the 
Nuclear Risk Reduction Centers. If the Parties are unable to 
resolve the issue of replacement of a Designated Seismic 
Station, it shall immediately be referred to the Bilateral 
Consultative Commission in accordance with paragraph 1( ) of 
Section XI of this Protocol for resolution.
    7. The Testing Party shall bear the costs of replacing any 
Designated Seismic Station in its territory, including any 
costs of eliminating the previous Designated Seismic Station 
and the costs of preparing a new Designated Seismic Station in 
accordance with paragraph 6 of this Section.
    8. If requested by the Verifying Party, the Testing Party 
shall provide, according to agreed technical specifications, at 
each Designated Station for the exclusive use of Designated 
Personnel:
          (a) a surface vault and pier for installation of 
        seismic sensors, to be located not less than 100 meters 
        and not more than 200 meters from the seismometers of 
        the Testing Party, unless the Parties otherwise agree;
          (b) a borehole for installation of seismic senders, 
        to be located not less than 100 meters and not more 
        than 200 hundred meters from the seismometers of the 
        Verifying Party, unless the Parties otherwise agree;
          (c) a working facility with an area not less than 20 
        square meters, for the installation and operation of 
        equipment by Designated Personnel and situated not less 
        than 75 meters and not more than 125 meters from the 
        seismometers of the Verifying Party, unless the Parties 
        otherwise agree;
          (d) a covered cableway that will allow Designated 
        Personnel to connect devices in the facilities 
        specified in subparagraphs (a), (b), and (c) of this 
        paragraph;
           (e) a facility for the storage of shipping 
        containers and spare parts for the use of Designated 
        Personnel while carrying out their activities at the 
        Designated Seismic Stations; and
          (f) electrical power from its standard electrical 
        network through converters provided by the Verifying 
        Party or, by agreement of the Parties, by the Testing 
        Party.
    9. At each Designated Seismic Station, personnel of the 
Testing Party shall:
          (a) have the right to observe the installation and 
        calibration of equipment by Designated Personnel, but 
        at all other times they may be present only at the 
        invitation of the Designated Personnel Team Leader and 
        when accompanied by the Designated Personnel Team 
        Leader or his designated representative;
          (b) not to interfere with the activities of 
        Designated Personnel with regard to the installation, 
        calibration, adjustment, and operation of equipment; 
        and
          (c) provide assistance and logistical support to 
        Designated Personnel in accordance with paragraph 13 of 
        Section XI of this Protocol, and, by agreement of the 
        Parties, other assistance and logistical support 
        requested by Designated Personnel.
    10. In carrying out seismic measurements at the Designated 
Seismic Stations, Designated Personnel shall have the right to:
          (a) confirm that the agreed technical specifications 
        for the installation and operation of the equipment 
        have been met during the time periods specified in the 
        coordinated schedule;
          (b) have access to their equipment from the time of 
        the arrival of Designated Personnel at, and until their 
        departure from, each Designated Seismic Station, unless 
        otherwise provided in this Protocol;
          (c) install, calibrate, adjust, and continuously 
        operate their equipment;
          (d) record seismic signals and universal time signals 
        continuously from the time their equipment is installed 
        until two hours after the test, as well as process data 
        to monitor the quality of recorded data and retrieve 
        and copy all recorded data;
          (e) use their own electrical sources to supply 
        electrical power to their equipment specified in 
        paragraph 4 of Section VIII of this Protocol;
          (f) install and operated tamper-detection equipment 
        and observe the cableway and exterior of the facility 
        in which the seismic sensors are installed;
          (g) assess the integrity and performance of their 
        equipment and confirm that there has been no 
        interference with seismic measurements and the 
        recording of such measurements; and
          (h) lock and seal the facilities specified in 
        paragraphs 8(a), 8(b), 8(c), and 8(e) of this Section 
        with their own seals.
    11. The Representative of the Testing Party shall notify, 
in writing and referenced to Universal Time Coordinated, the 
Designated Personnel Team Leader at each Designated Seismic 
Station of the beginning of the period of event readiness and 
the planned time of the test, to the nearest one second, in 
accordance with paragraph 13 of Section IV of this Protocol.
    12. At each Designated Seismic Station, Designated 
Personnel shall:
          (a) upon arrival, provide the Representative of the 
        Testing Party with a description of the recording 
        format and the computer program to enable the Testing 
        Party to read digital data, if digital recordings of 
        data are made;
          (b) prior to departure, provide the Representative of 
        the Testing Party with the following:
                  (i) a copy of all data recorded by all 
                equipment used by Designated Personnel, on the 
                same medium as that on which these data were 
                recorded;
                  (ii) a graphic representation on a paper 
                medium of the seismic data of the test for a 
                period of time beginning one minute prior to 
                the test and ending 30 minutes following the 
                test; and
                  (iii) the results of the calibration of all 
                seismic equipment, including the amplitude-
                frequency characteristics of the equipment used 
                to measure and record the seismic data; and
          (c) prior to their departure, prepare for inspection, 
        storage in accordance with conditions chosen by the 
        Testing Party, or shipment of their equipment.
    13. Designated Personnel shall have the right to acquire 
photographs of operations and activities related to seismic 
yield measurement at the Designated Seismic Stations. 
Photographs shall be taken by personnel of the Testing Party, 
using their own photographic cameras or, at the option of the 
Testing Party, by Designated Personnel using their own 
photographic cameras.
          (a) If the testing party takes photographs, the 
        following conditions shall be met:
                  (i) the Testing Party shall identify those of 
                its personnel who will take photographs;
                  (ii) photographs shall be taken at the 
                request and under observation of Designated 
                Personnel. If requested by Designated 
                Personnel, such photographs shall show the size 
                of an object being photographed by placing a 
                measuring scale, provided by Designed 
                Personnel, alongside that object during the 
                photographing; and
                  (iii) Designated Personnel shall determine 
                whether photographs that were taken conform to 
                those requested, and, if not, repeat 
                photographs shall be taken.
          (b) If Designated Personnel take photographs, the 
        following conditions shall be met:
                  (i) the Verifying Party shall identify those 
                of its Designated Personnel who will take 
                photographs; and
                  (ii) photographs shall be taken under 
                observation of personnel of the Testing Party, 
                unless otherwise agreed by the Parties.
    14. All activities of Designated Personnel at the 
Designated Seismic Stations shall be carried out in accordance 
with the coordinated schedule. Designated Personnel shall 
arrive at the Designated Seismic Stations in accordance with 
this schedule, but no less than 10 days prior to the planned 
date of the test. Designated Personnel shall depart the 
Designated Seismic Station within two days following the test.
    15. If the planned date of a test is postponed by more than 
10 days following receipt of the most recent notification, 
Designated Personnel shall have the right to leave the 
Designated Seismic Stations or, if requested by the 
Representative of the Testing Party, shall depart the 
Designated Seismic Stations for a mutually agreed location 
within the territory of the Testing Party or depart the 
territory of the Testing Party through the point of entry. If 
Designated Personnel leave the Designated Seismic Stations, 
they shall have the right to seal their equipment located at 
the stations. The seals shall not be broken except by 
Designated Personnel under observation of personnel of the 
Testing Party. Designated Personnel shall have the right to 
reoccupy the Designated Seismic Stations no less than 72 hours 
prior to the next planned time of the test.
    16. The number of Designated Personnel carrying out seismic 
measurements at each Designated Seismic Station shall not 
exceed five. At least one individual fluent in the language of 
the Testing Party shall be among Designated Personnel at each 
Designated Seismic Station.

                    SECTION VII. ON-SITE INSPECTION

    1. In carrying out on-site inspections, the Verifying Party 
shall have the right to confirm the validity of the geological, 
geophysical, and geometrical information provided in accordance 
with paragraphs 4 and 9 of Section IV of this Protocol, in 
accordance with the following procedures:
          (a) the Testing Party shall provide Designated 
        Personnel, upon their arrival at the test site, with 
        the result of any studies of core samples and rock 
        fragments extracted from each emplacement hole and any 
        exploratory holes and tunnels, and the results of 
        logging and geodetic measurements carried out in each 
        emplacement hole and any exploratory holes and tunnels, 
        relevant to the geology and geophysics of the 
        emplacement medium, if the Testing Party carried out 
        such studies and measurements;
          (b) using their own equipment and under observation 
        of personnel of the Testing Party, Designated Personnel 
        shall have the right to carry out:
                  (i) if an emplacement hole is vertical, in 
                the emplacement hole, from the end of the hole 
                to the entrance to the hole, gamma-gamma, 
                gamma, neutron, electrical resistivity, 
                magnetic susceptibility, gravity, acoustic, 
                television, and caliper logging, and 
                measurements of the depth and cross section of 
                the emplacement hole, as well as measurements 
                to determine the location and volume of voids, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding; and
                  (ii) if an emplacement hole is horizontal, in 
                the holes specified in subparagraph (d)(ii) of 
                this paragraph, and in the emplacement hole in 
                the regions extending from each end of the 
                emplacement hole to a point located 300 meters 
                from the corresponding emplacement point in the 
                direction of the entrance to the emplacement 
                hole, gamma-gamma, gamma, neutron, electrical 
                resistivity, magnetic susceptibility, gravity, 
                acoustic, and caliper logging, and measurements 
                of the length and cross section of the 
                emplacement hole, as well as measurements to 
                determine the location and volume of voids, 
                using, in a non-destructive way, such methods 
                as electromagnetic measurements, radar, and 
                acoustic sounding;
          (c) all logging and geometrical measurement data 
        obtained by Designated Personnel in accordance with 
        subparagraph (b) of this paragraph, including 
        calibration data, shall be duplicated, and a copy of 
        these data shall be provided to personnel of the 
        Testing Party prior to the departure from the test site 
        of Designated Personnel who have carried out those 
        measurements. Calibration data shall include 
        information needed to confirm the sensitivity of 
        logging equipment under the conditions in which it is 
        used;
          (d) Designated Personnel shall have the right to 
        receive:
                  (i) if an emplacement hole is vertical, core 
                samples or rock fragments, at the option of 
                Designated Personnel, extracted from the 
                emplacement hole at 10 depths specified by 
                Designated Personnel, plus one additional depth 
                for every complete 50-meter distance between 
                the uppermost and lowest emplacement points. 
                The total volume of core samples or rock 
                fragments extracted at each of the specified 
                depths shall be no less than 400 cubic 
                centimeters and no more than 3,000 cubic 
                centimeters, unless the Parties otherwise 
                agree; and
                  (ii) if an emplacement hole is horizontal, 
                core samples or rock fragments, at the option 
                of Designated Personnel, from the emplacement 
                hole in the regions extending from each end of 
                the emplacement hole to a point located 300 
                meters from the corresponding emplacement point 
                in the direction of the entrance to the 
                emplacement hole. Core samples shall be 
                extracted during drilling form each of five 
                holes drilled at stations in the emplacement 
                hole, specified by Designated Personnel. These 
                five stations shall be separated from each 
                other by no less than 5 meters. At each station 
                the hole shall be drilled in a direction 
                specified by Designated Personnel, except that 
                at each station within 65 meters of each 
                emplacement point the Testing Party shall have 
                the right to exclude two 90-degree sectors 
                separated by a sector of 90 degrees. The 
                diameter of each drilled hole shall be no less 
                than 0.09 meters and no more than 0.15 meters, 
                and the depth of each hole shall be no more 
                than the diameter of the emplacement hole at 
                that station. Core samples shall be extracted 
                at locations specified by Designated Personnel 
                along the drilled hole. Rock fragments shall be 
                extracted from the walls of the emplacement 
                hole at five stations specified by Designated 
                Personnel. The total volume of core samples or 
                rock fragments extracted at each station shall 
                be no less than 400 cubic centimeters and no 
                more than 3,000 cubic centimeters, unless the 
                Parties otherwise agree.
          (e) core samples or rock fragments, at the option of 
        Designated Personnel, shall be extracted, in accordance 
        with subparagraph (d) of this paragraph, by personnel 
        of the Testing Party, under observation of Designated 
        Personnel, or by Designated Personnel, at the option of 
        the Testing Party;
          (f) if the Testing Party does not extract core 
        samples or rock fragments in accordance with 
        subparagraph (d) of this paragraph, Designated 
        Personnel shall have the right to do so, using their 
        own equipment and under observation of personnel of 
        Testing Party;
          (g) if, prior to arrival of Designated Personnel at 
        the test site, the Testing Party has cased more than a 
        total of 20 meters within any 100-meter segment of a 
        vertical emplacement hole in the region extending from 
        the end of the emplacement hole to a point 300 meters 
        from the planned emplacement point in the direction of 
        the entrance to the emplacement hole, the Testing Party 
        shall provide an uncased hole with respect to which the 
        Verifying Party shall have the same rights as those 
        specified for an emplacement hole in subparagraphs (b), 
        (d), (e), and (f) of this paragraph. This uncased hole 
        shall be located no more than 50 meters from the 
        emplacement hole and shall have a depth no less than 
        that of the emplacement hole. If personnel of the 
        Testing Party, under observation of Designated 
        Personnel, extract core samples through coring during 
        the drilling of this uncased hole, the diameter of this 
        hole shall be no less than 0.09 meters. If Designated 
        Personnel, under observation of personnel of the 
        Testing Party, extract core samples from this uncased 
        hole following drilling, the diameter of this uncased 
        hole shall be no less than 0.3 meters; and
          (h) Designated Personnel shall have the right to 
        retain core samples and rock fragments specified in 
        subparagraphs (d), (e), (f), and (g) of this paragraph. 
        Any such core samples or rock fragments shall be 
        prepared in accordance with the procedures agreed upon 
        by the Parties for shipment to the territory of the 
        Verifying Party.
    2. Designated Personnel shall have the right:
          (a) if an emplacement hole is vertical, to observe 
        the emplacement of each explosive canister into the 
        emplacement hole from the time the bottom of the 
        canister is last visible above the entrance of the 
        emplacement hole, and to determine by direct 
        measurement the depth of emplacement of the bottom of 
        the canister;
          (b) if an emplacement hole is horizontal, to 
        determine by direct measurement the location of each 
        explosive canister in the emplacement hole, and to 
        confirm the presence of at least 1 meters of stemming, 
        as specified in subparagraph (c)(ii) of this paragraph, 
        in any previously stemmed tunnel that had provided 
        access to an explosive canister, using, in a non-
        destructive way, such methods as electromagnetic 
        measurements, radar, and acoustic sounding;
          (c) to observe stemming of each emplacement hole:
                  (i) if an emplacement hole is vertical, until 
                a solid concrete plug no less than three meters 
                thick is installed above the explosive canister 
                closest to the entrance to the emplacement 
                hole; and
                  (ii) if an emplacement hole is horizontal, 
                until access to any explosive canister has been 
                prevented by installation of stemming material 
                for a distance no less than 10 meters, 
                including the installation of a solid concrete 
                plug no less than three meters thick;
          (d) to have access along agreed routes to the 
        location of the test to carry out activities related to 
        on-site inspection;
          (e) to have access to their equipment associated with 
        the carrying out of on-site inspection from the time of 
        its transfer to Designated Personnel at the test site, 
        until it is transferred to personnel of the Testing 
        Party in accordance with paragraph 9(g) of Section VIII 
        of this Protocol, unless otherwise provided in this 
        Protocol;
          (f) if an emplacement hole is vertical, to have 
        access, for the purpose of visual inspection of the 
        ground surface, to the area delineated by a circle 
        having a radius of 300 meters, centered on the entrance 
        to the emplacement hole; and
          (g) if an emplacement hole is horizontal, to have 
        access, for the purpose of visual inspection of the 
        ground surface, to the area delineated by a circle 
        having a radius of 300 meters, centered directly above 
        the emplacement point of each explosive canister.
    3. Designated Personnel shall have the right to obtain 
photographs associated with on-site inspection, which shall be 
taken in accordance with paragraph 12 of Section V of this 
Protocol, of the following:
          (a) if an emplacement hole is vertical, the 
        emplacement of each explosive canister and the stemming 
        of the emplacement hole specified in paragraph 2(c)(i) 
        of this Section;
          (b) if an emplacement hole is horizontal, the 
        interior of the emplacement hole within 20 meters of 
        the emplacement point of each explosive canister, and 
        the stemming of the emplacement hole specified in 
        paragraph 2(c)(ii) of this Section;
          (c) core samples and rock fragments, extracted in 
        accordance with paragraphs 1(d), 1(e), 1(f), and 1(g) 
        of this Section, the equipment and activities 
        associated with extracting such samples, as well as the 
        interior of the emplacement hole, if the emplacement 
        hole is horizontal, at the stations where core samples 
        and rock fragments were extracted; and
          (d) with the agreement of the Testing Party, other 
        activities of Designated Personnel directly related to 
        on-site inspection.
    4. In no case shall the cumulative delay resulting from the 
photographic process specified in paragraph 3 of this Section 
exceed two hours for each of the operations specified in 
paragraph 3 of this Section, unless the Parties otherwise 
agree, except that stemming shall not be interrupted as a 
result of the photographic process.
    5. All on-site inspection activities shall be carried out 
in accordance with the coordinated schedule. Designated 
Personnel shall have the right within a period not to exceed 15 
days, to carry out logging and coring activities specified in 
paragraph 1 of this Section, unless the Parties otherwise agree 
and so specify in the coordinated schedule. These activities 
shall be completed no less than one day prior to the beginning 
of emplacement of explosives. Upon completion of the activities 
specified in paragraph 1 of this Section, Designated Personnel 
shall depart the territory of the Testing Party, except that 
Designated Personnel who will also participate in the 
activities specified in paragraph 2 of this Section shall 
remain at the test site, if the Parties decide that this is 
required by the coordinated schedule. Otherwise, Designated 
Personnel shall depart the territory of the Testing Party or, 
if agreed by the Parties, they may depart to another point 
within the territory of the Testing Party. All Designated 
Personnel who will carry out the activities specified in 
paragraph 2 of this Section shall arrive at the test site in 
accordance with the coordinated schedule, but no less than 
three days prior to the date specified by the Testing Party for 
the beginning of these activities.
    6. The number of Designated Personnel carrying out the 
activities specified in paragraph 1 of this Section shall not 
exceed 23 at any time. The number of Designated Personnel 
carrying out activities specified in paragraphs 2(a), 2(b), and 
2(c) of this Section shall not exceed five at any time. At 
least one individual fluent in the language of the Testing 
Party shall be among Designated Personnel.

                        SECTION VIII. EQUIPMENT

    1. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Testing Party, 
install, and use:
          (a) if the Verifying Party has provided notification 
        of its intent to use the hydrodynamic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 3 of this Section;
          (b) if the Verifying Party has provided notification 
        of its intent to use the seismic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 4 of this Section;
          (c) if the Verifying Party has provided notification 
        of its intent to carry out on-site inspection, part or 
        all of the equipment specified in paragraph 5 of this 
        Section;
          (d) maintenance and support equipment and spare parts 
        necessary for the installation and functioning of 
        equipment of the Verifying Party;
          (e) electrical power supplies, converters, and 
        associated cables;
          (f) photographic equipment, if the Testing Party does 
        not provide such equipment;
          (g) locks, seals, and equipment necessary for 
        installing seals of the Verifying Party and checking 
        their integrity;
          (h) medical and health physics equipment and 
        supplies, personal protective gear, recreational items, 
        and such other items as may be agreed upon by the 
        Parties;
          (i) office equipment and supplies, including, but not 
        limited to, copying and facsimile machines, and 
        personal computers;
          (j) closed-circuit television equipment for the 
        purpose of carrying out remote observation by 
        Designated Personnel, in accordance with paragraph 9(g) 
        of Section V of this Protocol, if the Testing Party 
        does not provide such equipment; and
          (k) satellite communications equipment, if the 
        Testing Party does not provide satellite communications 
        for Designated Personnel.
    2. During the first meeting of the Coordinating Group for a 
specific test, the Parties shall agree, within 15 days, upon 
such additional materials, temporary structures, and equipment 
as may be requested in writing by the Verifying Party and which 
shall be supplied by the Testing Party for use by Designated 
Personnel. Such additional materials, temporary structures, and 
equipment, with their descriptions and operating instructions, 
shall be provided to Designated Personnel in accordance with 
the coordinated schedule.
    3. The list of equipment for the purposes of the use of the 
hydrodynamic yield measurement methods in accordance with 
Section V of this Protocol shall include:
          (a) sensing elements and cables and transducers;
          (b) electrical cables for transmission of 
        hydrodynamic data from the entrance of each horizontal 
        satellite hole to the entrance of the horizontal 
        emplacement hole with which it is associated;
          (c) the hydrodynamic recording facilities, with 
        equipment, including computers, for acquiring, 
        recording, and processing data and timing signals, as 
        well as for transmitting and receiving hydrodynamic 
        data and command and monitoring signals between each 
        hydrodynamic recording facility and the command and 
        monitoring facility, and the shock mitigation platforms 
        for installing each hydrodynamic recording facility, 
        and with equipment for distributing electrical analogs 
        of the signals arriving from the instrumentation 
        facility of the Testing Party;
          (d) trigger conditioner devices for generating a 
        timing reference signal from the electrical cables of 
        the Verifying Party, and terminal devices for 
        converting an optical signal into an electrical signal;
          (e) the command and monitoring facility, with 
        equipment, including computers, for generating and 
        recording command and monitoring signals, for 
        transmitting and receiving command and monitoring 
        signals between each hydrodynamic recording facility 
        and the command and monitoring facility, as well as for 
        retrieving, storing, and processing hydrodynamic data;
          (f) electrical cables for transmission of 
        hydrodynamic data from the entrance of each vertical 
        satellite hole or from the entrance of each horizontal 
        emplacement hole to the hydrodynamic recording facility 
        of the Verifying Party;
          (g) electrical cables for the grounding of equipment 
        and for above-ground transmission of electrical power, 
        and electrical and fiber optic cables for above-ground 
        transmission of command and monitoring signals and 
        hydrodynamic data;
          (h) measuring and calibration instrumentation, 
        support equipment, and equipment for installing and 
        positioning sensing elements and cables and 
        transducers;
          (i) equipment specified in paragraph 5 of this 
        Section for confirming the characteristics of 
        emplacement holes and satellite holes; and
          (j) directional survey and magnetic survey equipment 
        and equipment for determining the distance between 
        emplacement holes and satellite holes, and equipment 
        for detecting voids and determining their relative 
        locations and volumes
    4. The list of equipment for the purposes of the use of the 
seismic yield measurement method at each Designated Seismic 
Station in accordance with Section VI of this Protocol shall 
include:
          (a) seismic sensors capable of recording ground 
        movements in three orthogonal directions within the 
        frequency range from 0.1 to 10 hertz;
          (b) equipment for amplifying, filtering, and 
        digitizing the output signals of the seismic sensors;
          (c) equipment for recording seismic data, and cables 
        for interconnecting the equipment described in this 
        paragraph;
          (d) equipment for controlling sensors and recorders 
        and for calibrating equipment;
          (e) means of recording Universal Time Coordinated and 
        referencing the recorded seismic data to it;
          (f) equipment, including computers, to process data, 
        to monitor the quality of the recorded data, as well as 
        to display, store, and copy data; and
          (g) equipment, including that using digital 
        algorithms, for assessing the validity of recorded 
        seismic data.
    5. The list of equipment for the purposes of carrying out 
on-site inspection in accordance with Section VII of this 
Protocol shall include:
          (a) equipment for obtaining the following logging 
        data: gamma-gamma, gamma, neutron, electrical 
        resistivity, magnetic susceptibility, gravity, 
        television, acoustic, and caliper, as well as equipment 
        for measuring the depth and cross section of 
        emplacement holes and for measuring the volume of 
        voids;
          (b) equipment, including computers, for calibrating 
        logging equipment, for monitoring the quality of the 
        recorded data, as well as for recording, displaying, 
        and copying data from logging equipment;
          (c) equipment for extracting core samples and rock 
        fragments; and
          (d) geologist's field tools and kits, and equipment 
        for the recording of field data.
    6. The Testing Party shall have the right, for the purposes 
of an initial familiarization, to inspect the equipment and 
every component thereof that the Verifying Party intends to use 
in carrying out activities related to verification, and 
thereafter shall have the right to familiarize itself with the 
equipment and every component thereof that had not previously 
been provided for this purpose in accordance with this 
paragraph. For these purposes:
          (a) the equipment subject to familiarization by the 
        Testing Party shall include:
                  (i) a set of equipment for hydrodynamic yield 
                measurements, specified in paragraph 3 of this 
                Section;
                  (ii) a set of equipment for seismic yield 
                measurements, specified in paragraph 4 of this 
                Section;
                  (iii) a set of equipment for on-site 
                inspection, specified in paragraph 5 of this 
                Section; and
                  (iv) the equipment specified in paragraphs 
                1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(j), and 
                1(k) of this Section;
          (b) the Verifying Party shall initiate the 
        familiarization process by notifying the Testing Party 
        no less than 30 days prior to the date on which it 
        intends to deliver equipment to the point of entry. 
        This notification shall include a preliminary inventory 
        of the equipment and the planned date of its delivery;
          (c) no less tan seven days prior to the date of 
        delivery of equipment, the Verifying Party shall 
        provide a complete inventory of such equipment, which 
        shall also specify which equipment, in accordance with 
        paragraph 7(h) of this Section, will be removed from 
        the facilities of the Verifying Party immediately prior 
        to the beginning of the final dry run and immediately 
        prior to the test. At the same time the Verifying Party 
        shall provide instructions on the installation and 
        operation of equipment with functional and technical 
        descriptions and specifications, including electrical 
        diagrams, as well as block diagrams of the system and 
        its components;
          (d) no more than 45 days following receipt of the 
        equipment, the Testing Party, taking into account the 
        equipment specified for removal in subparagraph (c) of 
        this paragraph, shall specify, in writing, to the 
        Verifying Party:
                  (i) the equipment approved by it for use by 
                Designated Personnel in accordance with the 
                information provided in accordance with 
                subparagraph (c) of this paragraph; and
                  (ii) the characteristics of any equipment 
                component it finds unacceptable because it is 
                inconsistent with its non-intrusiveness, 
                containment, safety, or security requirements;
          (e) no more than 50 days following its initial 
        delivery to the point of entry, equipment shall be 
        returned, in the same condition as that in which it was 
        received, to the Verifying Party at the point of entry; 
        and
          (f) following receipt of the written evaluation 
        provided by the Testing Party in accordance with 
        subparagraph (d)(ii) of this paragraph, the Verifying 
        Party may deliver to the Testing Party, for 
        familiarization in accordance with procedures specified 
        in subparagraphs (b) and (c) of this paragraph, 
        modified or replacement equipment to eliminate the 
        unacceptable characteristics specified in subparagraphs 
        (d) and (e) of this paragraph shall be followed with 
        respect to the modified or replacement equipment.
    7. The following procedures shall apply to equipment for 
use of the hydrodynamic yield measurement method:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (j) of this 
        paragraph, no less than 60 days prior to the planned 
        date of the beginning of emplacement of sensing 
        elements and cables or the planned date of the 
        beginning of emplacement of explosives, whichever 
        occurs earlier, unless the Parties otherwise agree, the 
        Verifying Party shall deliver in sealed containers to 
        the point of entry, at its option, either one or two 
        sets of all or part of the equipment specified in 
        paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(k), 
        3(i), and 3(j) of this section;
          (b) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (j) of this 
        paragraph, no less than 45 days prior to the planned 
        date of the beginning of emplacement of sensing 
        elements and cables, unless the Parties otherwise 
        agree, the Verifying Party shall deliver in sealed 
        containers to the point of entry two identical sets of 
        the equipment specified in paragraphs 3(a), 3(b), 3(c), 
        3(d), and 3(e) of this Section, and, at its option, 
        either one or two sets of the equipment specified in 
        paragraphs 1(j), 3(f), 3(g), and 3(h) of this Section, 
        and, if it has not been delivered in accordance with 
        subparagraph (a) of this paragraph, the equipment 
        specified in paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 
        1(i), and 1(k) of this Section;
          (c) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (d) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment, specifying which equipment, in 
        accordance with subparagraph (h) of this paragraph, 
        will be removed from the facilities of the Verifying 
        Party immediately prior to the beginning of the final 
        dry run and immediately prior to the test;
          (e) if the Verifying Party provides two identical 
        sets of equipment:
                  (i) the Testing party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, with the exception of the equipment 
                specified in paragraphs 3(a) and 3(b) of this 
                Section, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived. The set of equipment not 
                chosen by the Testing Party for use by 
                Designated Personnel shall be subject to 
                inspection by the Testing Party. Seals of the 
                Verifying Party shall be removed from equipment 
                chosen by the Testing Party for inspection, in 
                the presence of personnel of both Parties, and 
                thereafter this equipment shall be retained for 
                inspection by the Testing Party without the 
                presence of Designated Personnel for a period 
                of no more than 30 days, after which time it 
                shall be returned, in the same condition as 
                that in which it was received, to the Verifying 
                Party at the point of entry;
                  (ii) with respect to the equipment specified 
                in paragraphs 3(a) and 3(b) of this Section, 
                the Testing Party, under observation of 
                Designated Personnel, shall remove the seals of 
                the Verifying Party, combine the two sets of 
                equipment, and randomly redistribute the items 
                of each type of such equipment in order to 
                produce two new identical sets. The Testing 
                Party shall choose one of these new identical 
                sets for use by Designated Personnel, and both 
                Parties shall affix their own seals to the 
                containers of that set. The set of equipment 
                not chosen by the Testing Party for use by 
                Designated Personnel shall be subject to 
                inspection by the Testing Party in accordance 
                with procedures specified in subparagraph 
                (e)(iii) of this paragraph;
                  (iii) if the Verifying Party has delivered 
                the equipment specified in paragraphs 3(a) and 
                3(b) of this Section with individual gas-
                blocking devices installed in the cables, 
                Designated Personnel, under observation of 
                personnel of the Testing Party, shall cut each 
                cable at points three meters on either side of 
                each gas-blocking device and shall place these 
                gas-blocking devices and their attached cable 
                segments in separate containers. If the 
                Verifying Party delivered this equipment 
                without individual gas-blocking devices 
                installed, Designated Personnel, under 
                observation of the personnel of the Testing 
                Party, shall cut a three-meter segment from 
                each end of each cable and shall place these 
                segments in separate containers. Personnel of 
                each Party, under observation of personnel of 
                the other Party, shall seal these separate 
                containers of cable segments or gas-blocking 
                devices with cable segments. The remainder of 
                this equipment shall be retained for inspection 
                by the Testing Party in accordance with 
                subparagraph (e)(i) of this paragraph, except 
                that during inspection of this equipment the 
                Testing Party may remove up to 150 meters of 
                cable from the set chosen for inspection, in no 
                more segments than twice the number of cables 
                in that set; the set of equipment not chosen by 
                the Testing Party for use by Designated 
                Personnel shall be subject to inspection by the 
                Testing Party;
                  (iv) the Testing Party shall ensure 
                protection of the equipment chosen by it for 
                use by Designated Personnel and the sealed 
                containers specified in subparagraph (e)(iii) 
                of this paragraph while they are in its 
                territory, and shall transport this equipment 
                to the test site in such a manner as the ensure 
                that it is delivered to Designated Personnel in 
                the same condition as that in which it was 
                received by the Testing Party. Prior to 
                shipment to the test site, and from the time of 
                its arrival at the test site until the time of 
                its transfer to Designated Personnel, this 
                equipment shall be kept sealed, in storage 
                under conditions agreed upon by the Parties;
                  (v) personnel of the Testing Party shall 
                consult with the Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the test site. The equipment 
                specified in subparagraph (a) of this paragraph 
                shall be delivered to Designated Personnel for 
                use at the test site no less than 25 days prior 
                to the planned date of the beginning of 
                emplacement of explosives or the planned date 
                of the beginning of emplacement of sensing 
                elements and cables, whichever occurs earlier, 
                unless the Parties otherwise agree. The 
                equipment specified in subparagraph (b) of this 
                paragraph shall be delivered to Designated 
                Personnel at the test site for use no later 
                than 10 days prior to the planned date of the 
                beginning of emplacement of sensing elements 
                and cables, unless the Parties otherwise agree. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party;
                  (vi) seals affixed to the equipment specified 
                in paragraphs 3(a), 3(b), and 3(d) of this 
                Section shall not be removed prior to either 
                the conduct of pressure tests and non-
                destructive inspections, in accordance with 
                subparagraphs (e)(vii) and (e)(viii) of this 
                paragraph, or preparation for installation of 
                such equipment, at which time personnel or each 
                Party shall remove their seals, under 
                observation of personnel of the other Party. 
                Prior to removing their seals, personnel of 
                each Party shall have the right to verify the 
                integrity of those seals, under observation of 
                personnel of the other Party. Thereafter, 
                personnel of the Testing Party shall have the 
                right to observe all activities of Designated 
                Personnel related to this equipment;
                  (vii) the Testing Party shall have the right 
                to conduct pressure tests on the portions of 
                cables with individual gas-blocking devices 
                specified in subparagraph (e)(iii) of this 
                paragraph, in accordance with its technical 
                operations and practices and under observation 
                of Designated Personnel, to ensure that the 
                individual gas-blocking devices meet the 
                containment requirements of the Testing Party. 
                These pressure test shall be conducted at a 
                time specified by the Testing Party, at which 
                time personnel of each Party shall verify the 
                integrity of their seals on the containers 
                specified in subparagraph (e)(iii) of this 
                paragraph and shall remove their seals, under 
                observation of personnel of the other Party. 
                The Testing Party shall also have the right to 
                conduct non-destructive inspections, under 
                observation of Designated Personnel, on the set 
                of cables chosen for use, to ensure that the 
                cables chosen for use are identical in 
                construction to those chosen for inspection. 
                Such non-destructive inspections shall be 
                carried out at a time specified by the Testing 
                Party. All tests and non-destructive 
                inspections related to the containment 
                requirements of the Testing Party shall be 
                completed, and the results communicated to the 
                Designated Personnel Team Leader at the test 
                site, no less than 10 days prior to the planned 
                date for the beginning of emplacement of 
                sensing elements and cables. If all of the 
                individual gas-blocking devices removed from 
                cables in the set chosen for inspection in 
                accordance with subparagraph (e)(iii) of this 
                paragraph, successfully meet the containment 
                requirements, and if cables chosen for use are 
                found to be identical in construction to those 
                chosen for inspection, then the set chosen for 
                use shall be sealed by the seals of both 
                Parties, which shall not be removed prior to 
                preparation for installation of such equipment. 
                Following the pressure tests, the Testing Party 
                shall have the right to retain the individual 
                gas-blocking devices with their attached cable 
                segments from the set chosen for inspection;
                  (viii) if the Verifying Party delivered the 
                equipment specified in paragraphs 3(a) and 3(b) 
                of this Section without individual gas-blocking 
                devices installed in the cables, the Testing 
                Party shall have the right to conduct pressure 
                tests, in accordance with its technical 
                operations and practices, to ensure that the 
                gas-blocking properties of these cables meet 
                the containment requirements of the Testing 
                Party. These tests shall be performed under 
                observation of Designated Personnel on the 
                segments of cables specified in subparagraph 
                (e)(iii) of this paragraph as well as one 
                three-meter segment of each cable of the set 
                chosen for use, removed by Designated 
                Personnel, under observation of personnel of 
                the Testing Party, from the end of the cable 
                that will extend to the ground surface. These 
                pressure tests shall be conducted at a time 
                specified by the Testing Party, at which time 
                personnel of each Party shall verify the 
                integrity of their seals on the containers 
                specified in subparagraph (e)(iii) of this 
                paragraph, as well as on the containers with 
                the set of equipment chosen for use, specified 
                in paragraphs 3(a) and 3(b), and shall remove 
                their seals under observation of personnel of 
                the other Party. All tests related to the 
                containment requirements of the Testing Party 
                shall be completed, and the results 
                communicated to the Designated Personnel Team 
                Leader at the test site, no less than 10 days 
                prior to the planned date for the beginning of 
                emplacement of sensing elements and cables. If 
                all of the cable segments removed from the set 
                chosen for use and the set chosen for 
                inspection meet the containment requirements of 
                the Testing Party, then the set chosen for use 
                shall be sealed by the seals of both Parties, 
                which shall not be removed prior to preparation 
                for installation of such equipment and its use 
                in hydrodynamic yield measurements; and
                  (ix) if, within one day following the 
                completion of testing and non-destructive 
                inspections specified in subparagraphs (e)(vii) 
                and (e)(viii) of this paragraph, the Verifying 
                Party so requests, the Testing Party shall 
                provide cables that meet its containment 
                requirements. The Testing Party shall deliver 
                these cables to Designated Personnel at the 
                test site no more than two days following the 
                request of the Verifying Party but no less than 
                seven days prior to the planned date for the 
                beginning of emplacement of sensing elements 
                and cables, unless the Parties otherwise agree;
          (f) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the test site and deliver it, in 
                the same condition as that in which it was 
                received, to Designated Personnel. The 
                equipment specified in subparagraph (a) of this 
                paragraph shall be delivered to Designated 
                Personnel no less than 25 days prior to the 
                planned date of the beginning of emplacement of 
                explosives or the planned date of the beginning 
                of emplacement of sensing elements and cables, 
                whichever occurs earlier, unless the Parties 
                otherwise agree. The equipment specified in 
                subparagraph (b) of this paragraph shall be 
                delivered to Designated Personnel at the test 
                site no less than 10 days prior to the planned 
                date of the beginning of emplacement of sensing 
                elements and cables, unless the Parties 
                otherwise agree; and
                  (iii) within five days following delivery of 
                equipment to Designated Personnel, the Team 
                Leader shall certify, in writing, to the 
                Representative of the Testing Party that the 
                equipment delivered to the test site is in 
                working condition or, in the event of damage to 
                the equipment, shall report such damage in 
                writing;
          (g) upon completion of inspection of the equipment, 
        in accordance with subparagraphs (e)(i) and (f)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the test site, in the case of equipment provided in one 
        set, or at the time of delivery to Designated Personnel 
        at the test site of the set of equipment chosen for 
        use, in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under seals of both Parties in storage at a location 
        chosen by the Testing Party. Any such equipment shall 
        be returned by the Testing Party to Designated 
        Personnel at the point of entry following completion of 
        the activity related to verification for which it was 
        originally provided. Except as otherwise provided in 
        this Protocol, equipment approved by the Testing Party 
        shall remain under the exclusive control of Designated 
        Personnel from the time of its delivery to Designated 
        Personnel at the test site until it is transferred to 
        the Testing Party in accordance with subparagraph (i) 
        of this paragraph;
          (h) immediately prior to the beginning of the final 
        dry run, Designated Personnel, under observation of 
        personnel of the Testing Party, shall remove from each 
        hydrodynamic recording facility and the command and 
        monitoring facility all items specified in accordance 
        with paragraph 6(c) of this Section for removal at that 
        time. These items shall be placed under the seals of 
        both Parties and stored at a location chosen by the 
        Testing Party. Upon departure of personnel of both 
        Parties from each hydrodynamic recording facility 
        immediately prior to the test, all remaining 
        maintenance and support equipment and spare parts shall 
        be removed by Designated Personnel, unless the Parties 
        otherwise agree;
          (i) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        carrying out activities related to hydrodynamic yield 
        measurements, for a period of 30 days, without the 
        presence of Designated Personnel. For these purposes:
                  (i) the equipment used for carrying out 
                activities specified in paragraphs 4(g), 5(c), 
                and 5(f) or 5(g) or 5(h), and 6(b), 6(f), 7(c), 
                and 7(f) or 7(g) or 7(h) of Section V of this 
                Protocol shall be transferred to the Testing 
                Party upon completion of all these activities, 
                unless the Parties agree that equipment for any 
                specific activity may be transferred upon 
                completion of that activity;
                  (ii) all other equipment, except that 
                specified in paragraphs 1(e), 1(g), 1(h), 1(i), 
                and 1(k) of this Section, shall be transferred 
                to the Testing Party upon completion of all 
                activities specified in paragraphs 9(m) and 
                14(b) of Section V of this Protocol;
                  (iii) equipment specified in paragraphs 1(e), 
                1(g), 1(h), 1(i), and 1(k) of this Section 
                shall be transferred to the Testing Party upon 
                completion of all activities of specified in 
                Section V of this Protocol; and
                  (iv) during inspection of equipment specified 
                in paragraphs 3(f) and 3(g) of this Section, 
                after it has been used for carrying out 
                activities related to hydrodynamic yield 
                measurements, the Testing Party shall have the 
                right to remove and retain no more than 150 
                meters of those cables, in no more segments 
                than twice the number of cables in each set, 
                with the exception of the fiber optic cables 
                and the electrical cables for above-ground 
                transmission of electrical power;
          (j) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed upon by the Parties, at a location 
        chosen by the Testing Party and under this protection;
          (k) with respect to inventory and shipment or storage 
        of this equipment, the following procedures, at the 
        option of the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection, in accordance with 
                subparagraph (i) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (i) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party, in the same condition as that in which 
                it was received. Elimination of information 
                stored in memories shall not be deemed damage 
                to the equipment. Designated Personnel shall 
                examine, inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with the equipment to be 
                stored and the equipment to be shipped. These 
                inventories shall be signed by the Designated 
                Personnel Team Leader and the Representative of 
                the Testing Party, each of whom shall retain a 
                copy of the inventories. Within 10 days 
                following receipt of the equipment to be 
                shipped, the Testing Party shall deliver it to 
                the point of entry; and
          (l) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        The equipment specified in subparagraph (a) of this 
        paragraph shall be delivered, in the same condition as 
        that in which it was received, to Designated Personnel 
        for use at the test site no less than 25 days prior to 
        the planned date of the beginning of emplacement of 
        explosives or the planned date of the beginning of 
        emplacement of sensing elements and cables, whichever 
        occurs earlier, unless the Parties otherwise agree. The 
        equipment specified in subparagraph (b) of this 
        paragraph shall be delivered, in the same condition as 
        that in which it was received, to Designated Personnel 
        at the test site no later than 10 days prior to the 
        planned date of the beginning of emplacement of sensing 
        elements and cables, unless the Parties otherwise 
        agree.
    8. The following procedures shall apply to equipment for 
use of the seismic yield measurement method:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (h) of this 
        paragraph, no less than 45 days prior to the planned 
        date of the test, unless the Parties otherwise agree, 
        the Verifying Party shall deliver in sealed containers 
        to the point of entry, at its option, either one or two 
        sets of all or part of the equipment specified in 
        paragraphs 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), and 4 of 
        this Section;
          (b) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (c) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment;
          (d) if the Verifying Party provides two identical 
        sets of equipment:
                  (i) the Testing Party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived;
                  (ii) the Testing Party shall ensure 
                protection of this equipment while it is in its 
                territory, and shall transport this equipment 
                to the Designated Seismic Stations in such a 
                manner as to ensure that it is delivered to 
                Designated Personnel in the same condition as 
                that in which it was received by the Testing 
                Party. Prior to shipment to the Designated 
                Seismic Stations, and from the time of its 
                arrival tat the Designated Seismic Stations 
                until the time of its transfer to Designated 
                Personnel, the set of equipment chosen by the 
                Testing Party for use by Designated Personnel 
                shall be kept sealed in storage under 
                conditions agreed upon by the Parties;
                  (iii) personnel of the Testing Party shall 
                consult with Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the Designated Seismic 
                Stations. This equipment shall be delivered to 
                Designated Personnel at Designated Seismic 
                Stations for installation and use no less than 
                10 days prior to the planned date of the test. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party; and
                  (iv) seals of the Verifying Party shall be 
                removed from equipment chosen by the Testing 
                Party for inspection, in the presence of 
                personnel of both Parties, and thereafter this 
                equipment shall be retained for inspection by 
                the Testing Party without the presence of 
                Designated Personnel for a period of no more 
                than 30 days, after which time it shall be 
                returned, in the same condition as that in 
                which it was received, to the Verifying Party 
                at the point of entry;
          (e) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the Designated Seismic Stations 
                and deliver it, in the same condition as that 
                in which it was receive, to Designated 
                Personnel no less than 10 days prior to the 
                planned date of the test, unless the Parties 
                otherwise agree; and
                  (iii) within three days following delivery of 
                the equipment to Designated Personnel, the 
                Designated Personnel Team Leader shall certify 
                in writing to the Representative of the Testing 
                Party that the equipment delivered to the 
                Designated Seismic Station is in working 
                condition or, in the event of damage to the 
                equipment, shall report such damage in writing;
          (f) upon completion of inspection of the equipment, 
        in accordance with subparagraphs (d)(iv) and (e)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the Designated Seismic Stations, in the case of 
        equipment provided in one set, or at the time of 
        delivery to Designated Personnel at the Designated 
        Seismic Station of the set of equipment chosen for use, 
        in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under observation of personnel of the Testing Party and 
        placed under seals of both Parties in storage at a 
        location chosen by the Testing Party. Any such 
        equipment shall returned by the Testing Party to 
        Designated Personnel at the point of entry following 
        completion of the activity related to verification for 
        which it was originally provided. Except as otherwise 
        provided in this Protocol, equipment approved by the 
        Testing Party shall remain under the exclusive control 
        of Designated Personnel from the time of its delivery 
        to Designated Personnel at a Designated Seismic Station 
        until it is transferred to the Testing Party in 
        accordance with subparagraphs (g) and (j) of this 
        paragraph;
          (g) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        activities related to seismic yield measurements for a 
        period of 30 days, without the presence of Designated 
        Personnel. If the Testing Party decides to inspect that 
        equipment, it shall be transferred to the Testing Party 
        upon completion of activities specified in Section VI 
        of this Protocol;
          (h) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed upon by the Parties, at a location 
        chosen by the Testing Party and under its protection;
          (i) if the Testing Party inspects the equipment, with 
        respect to inventory and shipment or storage of this 
        equipment, the following procedures, at the option of 
        the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection in accordance with 
                subparagraph (g) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (g) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party in the same condition as that in which it 
                was received. Elimination of information stored 
                in memories shall not be deemed damage to the 
                equipment. Designated Personnel shall examine, 
                inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with inventories of the 
                equipment to be stored and the equipment to be 
                shipped. These inventories shall be signed by 
                the Designated Personnel Team Leader and the 
                Representative of the Testing Party, each of 
                whom shall retain a copy of the inventories. 
                Within 10 days following receipt of equipment 
                to be shipped, the Testing Party shall deliver 
                it to the point of entry;
          (j) if the Testing Party chooses not to inspect the 
        equipment upon completion of activities related to 
        seismic yield measurements, Designated Personnel shall 
        prepare the equipment for storage or shipment to their 
        territory prior to departure from the Designated 
        Seismic Station and, upon transfer of equipment to the 
        Testing Party, shall provide complete inventories of 
        equipment to be stored and equipment to shipped. These 
        inventories shall be signed by the Designated Personnel 
        Team Leader and the Representative of the Testing 
        Party, each of whom shall retain a copy of the 
        inventories. Equipment to be shipped shall be returned 
        to the Verifying Party at the point of entry within 10 
        days following departure of Designated Personnel from 
        the Designated Seismic Station. Equipment to be stored 
        shall be prepared for storage, in accordance with 
        agreed procedures for the conditions of storage chosen 
        by the Testing Party; and
          (k) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        This equipment shall be delivered, in the same 
        condition as that in which it was received, to 
        Designated Personnel for use at the Designated Seismic 
        Stations no later than 10 days prior to the planned 
        date of the test, unless the Parties otherwise agree.
    9. The following procedures shall apply to equipment for 
carrying out on-site inspection:
          (a) with the exception of that equipment that the 
        Verifying Party intends to use from the equipment 
        stored in accordance with subparagraph (h) of this 
        paragraph, no less than 5 days prior to the planned 
        date of the beginning of emplacement of explosives, 
        unless the Parties otherwise agree, the Verifying Party 
        shall deliver in sealed containers to the point of 
        entry, at its option, either one or two sets of all or 
        part of the equipment specified in paragraphs 1(d), 
        1(e), (f), 1(g), 1(h), 1(i), 1(k), and 5 of this 
        Section;
          (b) these sets of equipment shall have the same 
        components with the same functional and technical 
        descriptions and specifications as the equipment 
        approved by the Testing Party in accordance with 
        paragraph 6(d)(i) of this Section;
          (c) no less than seven days prior to the date of 
        delivery of equipment to the point of entry, the 
        Verifying Party shall provide a complete inventory of 
        this equipment;
          (d) if the Verifying Party provides two identical 
        sets of equipment;
                  (i) the Testing Party shall choose, at the 
                point of entry, one of the two identical sets 
                of each type of equipment for use by Designated 
                Personnel, and shall affix its own seals to the 
                sealed containers in which that set of 
                equipment arrived;
                  (ii) the Testing Party shall ensure 
                protection of this equipment while it is in its 
                territory, and shall transport this equipment 
                to the test site in such a manner as to ensure 
                that it is delivered to Designated Personnel in 
                the same condition as that in which it was 
                received by the Testing Party. Prior to 
                shipment to the test site, and from the time of 
                its arrival at the test site until the time of 
                its transfer to Designated Personnel, the set 
                of equipment chosen by the Testing Party for 
                use by Designated Personnel shall be kept 
                sealed, in storage under conditions agreed upon 
                by the Parties;
                  (iii) personnel of the Testing Party shall 
                consult with Designated Personnel regarding 
                plans and schedule of shipment of the equipment 
                no less than 48 hours prior to its shipment. 
                Designated Personnel shall have the right to 
                verify the integrity of their seals, to observe 
                their equipment, and to accompany it from the 
                point of entry to the test site. This equipment 
                shall be delivered to Designated Personnel at 
                the test site no less than 20 days before the 
                planned date of the beginning of emplacement of 
                explosives, unless the Parties otherwise agree. 
                Personnel of each Party shall remove their 
                seals from the equipment under observation of 
                personnel of the other Party. Prior to removing 
                their seals, personnel of each Party shall have 
                the right to verify the integrity of those 
                seals, under observation of personnel of the 
                other Party; and
                  (iv) seals of the Verifying Party shall be 
                removed from equipment chosen by the Testing 
                Party for inspection, in the presence of 
                personnel of both Parties, and thereafter this 
                equipment shall be retained for inspection by 
                the testing Party without the presence of 
                Designated Personnel for a period of no more 
                than 30 days, after which time is shall be 
                returned, in the same condition as that in 
                which it was received, to the Verifying Party 
                at the point of entry;
          (e) if the Verifying Party provides only one set of 
        equipment:
                  (i) upon arrival of the equipment at the 
                point of entry, the seals of the Verifying 
                Party shall be removed from this equipment in 
                the presence of personnel of both Parties, 
                after which the Testing Party shall have the 
                right to inspect this equipment for no more 
                than 30 days, without the presence of 
                Designated Personnel;
                  (ii) upon completion of the inspection, the 
                Testing Party shall transport all approved 
                equipment to the test site and deliver it, in 
                the same condition as that in which it was 
                received, to Designated Personnel no less than 
                20 days prior to the planned date of the 
                beginning of emplacement of explosives, unless 
                the Parties otherwise agree; and
                  (iii) within five days following delivery of 
                equipment to Designated Personnel, the 
                Designated Personnel Team Leader shall certify, 
                in writing, to the Representative of the 
                Testing Party that the equipment delivered to 
                the test site is in working condition or, in 
                the event of damage to the equipment, shall 
                report such damage in writing;
          (f) upon completion of inspection of the equipment in 
        accordance with subparagraphs (d)(iv) and (e)(i) of 
        this paragraph, the Testing Party shall inform the 
        Verifying Party, in writing, of any equipment that does 
        not conform to that approved previously in accordance 
        with paragraph 6(d)(i) of this Section and shall 
        specify the non-conforming characteristics of any such 
        equipment or component thereof. Prior to shipment to 
        the test site, in the case of equipment provided in one 
        set, or at the time of delivery to Designated Personnel 
        at the test site of the set of equipment chosen for 
        use, in the case of equipment provided in two sets, the 
        equipment that does not conform to that approved 
        previously shall be removed by Designated Personnel 
        under observation of personnel of the Testing Party and 
        placed under seals of both Parties in storage at a 
        location chosen by the Testing Party. Any such 
        equipment shall be returned by the Testing Party to 
        Designated Personnel at the point of entry, following 
        completion of the activity related to verification for 
        which it was originally provided. Except as otherwise 
        provided in this Protocol, equipment approved by the 
        Testing Party shall remain under the exclusive control 
        of Designated Personnel from the time of its delivery 
        to Designated Personnel at the test site until it is 
        transferred to the Testing Party in accordance with 
        subparagraph (g) of this paragraph;
          (g) personnel of the Testing Party shall have the 
        right to inspect equipment after it has been used for 
        carrying out activities related to on-site inspection, 
        for a period of 30 days, without the presence of 
        Designated Personnel. For these purposes:
                  (i) the equipment used for carrying out 
                activities specified in paragraphs 1(b), 1(c), 
                1(e), 1(f), 1(g), and 1(h) of Section VII of 
                this Protocol shall be transferred to the 
                Testing Party upon completion of all these 
                activities, unless the Parties agree that 
                equipment for any specific activity may be 
                transferred upon completion of that activity; 
                and
                  (ii) all other equipment shall be transferred 
                to the Testing Party upon completion of all 
                activities of Designated Personnel specified in 
                Section VII of this Protocol;
          (h) the Verifying Party shall have the right to store 
        for subsequent use part or all of its equipment in the 
        territory of the Testing Party. Storage shall be under 
        conditions agreed by the Parties, at a location chosen 
        by the Testing Party and under its protection;
          (i) with respect to inventory and shipment or storage 
        of this equipment, the following procedures, at the 
        option of the Verifying Party, shall be applied:
                  (i) upon transfer of equipment to the Testing 
                Party for inspection in accordance with 
                subparagraph (g) of this paragraph, Designated 
                Personnel shall provide complete inventories of 
                equipment to be stored and equipment to be 
                shipped to their territory. These inventories 
                shall be signed by the Designated Personnel 
                Team Leader and the Representative of the 
                Testing Party, each of whom shall retain a copy 
                of the inventories. Within five days following 
                completion of inspection of the equipment to be 
                shipped, the Testing Party shall return this 
                equipment to Designated Personnel at the point 
                of entry, in the same condition as that in 
                which it was received. Elimination of 
                information stored in memories shall not be 
                deemed damage to the equipment; or
                  (ii) within five days following completion of 
                inspection of equipment in accordance with 
                subparagraph (g) of this paragraph, the Testing 
                Party shall return this equipment to Designated 
                Personnel at a location chosen by the Testing 
                Party, in the same condition as that in which 
                it was received. Elimination of information 
                stored in memories shall not be deemed damage 
                to the equipment. Designated Personnel shall 
                examine, inventory, and pack their equipment in 
                containers. Personnel of the Testing Party 
                shall have the right to observe these 
                activities. Within five days following receipt 
                of their equipment, Designated Personnel shall 
                transfer to the Testing Party the packed 
                containers, along with inventories of the 
                equipment to be stored and the equipment to be 
                shipped. These inventories shall be signed by 
                the Designated Personnel Team Leader and the 
                Representative of the Testing Party, each of 
                whom shall retain a copy of the inventories. 
                Within 10 days following receipt of the 
                equipment to be shipped, the Testing Party 
                shall deliver it to the point of entry; and
          (j) if stored equipment is to be used for activities 
        related to verification of a subsequent test, it shall 
        be subject to further inspection only after such use. 
        This equipment shall be delivered, in the same 
        condition as that in which it was received, to 
        Designated Personnel at the test site no less than 20 
        days prior to the planned date of the beginning of 
        emplacement of explosives for that test, unless the 
        Parties otherwise agree.

        SECTION IX. DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. No later than 10 days following entry into force of the 
Treaty each Party shall provide the other Party with a list of 
its proposed Designated Personnel who will carry out activities 
in accordance with this Protocol and a list of its proposed 
Transport Personnel who will provide transportation for these 
Designated Personnel, their baggage, and equipment of the 
Verifying Party. These lists shall contain name, date of birth, 
and sex of each individual of its proposed Designated Personnel 
and Transport Personnel. The list of Designated Personnel shall 
at no time include more than 300 individuals, and the list of 
Transport Personnel shall at no time include more than 200 
individuals.
    2. Each Party shall review the list of Designated Personnel 
and the list of Transport Personnel proposed by the other 
Party. If the Party reviewing a list determines that an 
individual included thereon is acceptable to it, it shall so 
inform the Party providing the list within 20 days following 
receipt of the list, and such an individual shall be deemed 
accepted. If the Party reviewing a list determines that an 
individual included thereon is not acceptable to it, it shall 
so inform the Party providing the list of its objection within 
20 days following receipt of the list, and such an individual 
shall be deemed unaccepted and shall be deleted from the list.
    3. Each Party may propose the addition or substitution of 
individuals on its list of Designated Personnel or its list of 
Transport Personnel at any time, who shall be designated in the 
same manner as provided in paragraph 2 of this Section with 
regard to the initial lists. Annually, no more than 100 
individuals from the list of Designated Personnel shall be 
subject to substitution. This limitation shall not apply to the 
replacement of individuals due to permanent physical incapacity 
or death, or to deletion of an individual from the list of 
Designated Personnel in accordance with paragraph 5 of this 
Section. Replacement of an individual due to permanent physical 
incapacity, death or deletion from the list shall be 
accomplished in the same manner as provided in paragraph 2 of 
this Section.
    4. Following receipt of the initial list of Designated 
Personnel or the initial list of Transport Personnel or of 
subsequent changes thereto, the Party receiving such 
information shall prepare for the issuance of such visas and 
other documents as may be required to ensure that each 
individual on the list of Designated Personnel or the list of 
Transport Personnel who has been accepted may enter and remain 
in its territory for the purpose of carrying out activities in 
accordance with this Protocol. Such visas and documents shall 
be provided by the Testing Party only to the individuals who 
names are included in the notification provided by the 
Verifying Party, in accordance with paragraphs 2 and 3 of 
Section X of this Protocol, upon receipt of such notification. 
Such visas and documents shall be valid for multiple entry 
throughout the period required for Designated Personnel to 
carry out their activities related to verification of a 
specific test.
    5. If a Party determines that an individual included on the 
list of Designated Personnel or the list of Transport Personnel 
of the other Party has violated the provisions of this Protocol 
or has ever committed a criminal offense in its territory, or 
has ever been sentenced for committing a criminal offense, or 
has ever been expelled from its territory, the Party making 
such a determination shall notify the other Party of its 
objection to the continued inclusion of this individual is 
present in the territory of the Party raising the objection, 
then the other Party shall immediately recall this individual 
from the territory of the Party raising this objection and 
immediately thereafter delete that individual from the list of 
Designated Personnel or from the list of Transport Personnel.
    6. Designated Personnel with their personal baggage and 
equipment of the Verifying Party shall be permitted to enter 
the territory of the Testing Party at the designated point of 
entry, to remain in that territory, and to exit that territory 
through the designated point of entry.
    7. Designated Personnel and Transport Personnel shall be 
accorded the following privileges and immunities for the entire 
period they are in the territory of the Testing Party and 
thereafter with respect to acts previously performed in the 
exercise of their official functions as Designated Personnel or 
Transport Personnel:
          (a) Designated Personnel and Transport Personnel 
        shall be accorded the inviolability enjoyed by 
        diplomatic agents pursuant to Article 29 of the Vienna 
        Convention on Diplomatic Relations of April 18, 1961;
          (b) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out activities in accordance with this Protocol shall 
        be accorded the inviolability and protection accorded 
        the quarters of missions and diplomatic agents pursuant 
        to Articles 22 and 30 of the Vienna Convention on 
        Diplomatic Relations;
          (c) archives, documents, papers, and correspondence 
        of Designated Personnel and Transport Personnel shall 
        enjoy the inviolability accorded the archives, 
        documents, papers, and correspondence of missions and 
        diplomatic agents pursuant to Articles 24 and 30 of the 
        Vienna Convention of Diplomatic Relations. In addition, 
        the aircraft or other transport vehicles of the 
        Verifying Party shall be inviolable;
          (d) Designated Personnel and Transport Personnel 
        shall be accorded the immunities accorded diplomatic 
        agents pursuant to paragraphs 1, 2, and 3 of Article 31 
        the Vienna Convention on Diplomatic Relations. Immunity 
        from jurisdiction of Designated Personnel or Transport 
        Personnel may be waived by the Verifying in those cases 
        in which it is of the Opinion that immunity would 
        impede the course of justice, and it can be waived 
        without prejudice to the implementation of the 
        provisions of this Protocol. Waiver must always be 
        express;
          (e) Designated Personnel and Transport Personnel 
        carrying out their activities in accordance with this 
        Protocol shall be accorded the exemption from dues and 
        taxes accorded diplomatic agents pursuant to Article 34 
        of the Vienna Convention on Diplomatic Relations;
          (f) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out their activities in accordance with this Protocol 
        shall be accorded the exemption from dues and taxes 
        accorded mission premises pursuant to Article 23 of the 
        Vienna Convention on Diplomatic Relations; and
          (g) Designated Personnel and Transport Personnel 
        shall be permitted to bring into the territory of the 
        Testing Party, without payment of any customs duties or 
        related charges, articles for their personal use, with 
        the exception of articles the import or export of which 
        is prohibited by law or controlled by quarantine 
        regulations.
    8. Designated Personnel and Transport Personnel shall not 
engage in any professional or commercial activity for personal 
profit in the territory of the Testing Party.
    9. Without prejudice to their privileges and immunities, 
Designated Personnel and Transport Personnel shall be obliged 
to respect the laws and regulations of the Testing Party and 
shall be obliged not to interfere in the internal affairs of 
that Party.
    10. If the Testing Party considers that there has been an 
abuse of privileges and immunities specified in paragraph 7 of 
this Section, consultations shall be held between the Parties 
to determine whether such an abuse has occurred and, if so 
determined, to prevent a repetition of such an abuse.

 SECTION X. ENTRY, TRANSPORT, FOOD, LODGING, AND PROVISION OF SERVICES 
            FOR DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. The Testing Party shall ensure Designated Personnel and 
Transport Personnel access to its territory for the purposes of 
carrying out activities related to verification in accordance 
with this Protocol, and shall provided these personnel with 
such other assistance as may be necessary to enable them to 
carry out these activities. Designated Personnel shall have the 
right to be present at the test site and at Designated Seismic 
stations in the territory of the Testing Party to carry out 
activities related to verification in accordance with this 
Protocol at such times and for such periods as required to 
carry out these activities. The specific times and periods for 
carrying out such activities shall be specified in the 
coordinated schedule.
    2. No less than 20 days prior to the planned date of 
arrival of its Designated Personnel at the point of entry for 
participation in activities related to verification of a 
specific test, the Verifying Party shall provide the Testing 
Party with:
          (a) a list of the names of the Designated Personnel 
        with their passports and documentation, who will carry 
        out activities related to verification of a specific 
        test;
          (b) the names of the Designated Personnel Team Leader 
        or Leaders and the names of Designated Personnel who 
        will escort equipment of the Verifying Party to the 
        test site or each Designated Seismic Station;
          (c) confirmation of the point of entry to be used;
          (d) the planned date and the estimated time of 
        arrival of these Designated Personnel at the point of 
        entry; and
          (e) the mode of transport to be used.
No more than 15 days following receipt of the list and 
passports and documentation specified in subparagraph (a) of 
this paragraph, the Testing Party shall return those passports 
to the Verifying Party with the visas and all necessary 
documents specified in paragraph 4 of Section IX of this 
Protocol.
    3. No less than 20 days prior to the planned date of 
arrival of Transport Personnel at the point of entry, the 
Verifying Party shall provide the Testing Party with the number 
of Transport Personnel. No less than three days prior to the 
planned ate of arrival of Transport Personnel, the Verifying 
Party shall provide the testing Party with a list of the names 
of those Transport Personnel with their passports and 
documentation. No less than one day prior to the planned date 
of arrival of Transport Personnel, the Testing Party shall 
return those passports to the Verifying Party with the visas 
and all necessary documents specified in paragraph of Section 
IX of this Protocol.
    4. The number of Designated Personnel present at a test 
site or Designated Seismic Station to carry out activities 
related to verification of a specific test shall be governed by 
the relevant restrictions specified in Sections V, VI, and VII 
of this Protocol. Designated Personnel shall leave the test 
site or Designated Seismic Station upon completion of 
activities related to verification of a specific test as 
specified in the coordinated schedule. Designated Personnel who 
have been present at the test site for a period of six 
consecutive weeks or more may be replaced by individuals 
included on the list submitted in accordance with paragraph 1 
of Section IX of this Protocol. Designated Personnel who have 
not been present at the test site for a period of six 
consecutive weeks may be replaced only for reasons of injury, 
illness, or family emergency, and shall be replaced by 
individuals included on the list submitted in accordance with 
paragraph 1 of Section IX of this Protocol.
    5. If a transport aircraft other than a regularly scheduled 
commercial aircraft is used by the Verifying Party for 
transportation between the territory of the Verifying Party and 
the point of entry, its flight path shall be along airways 
agreed upon by the Parties, and its flight plan shall be filed 
in accordance with the procedures of the International Civil 
Aviation Organization applicable to civil aircraft, including 
in the remarks section of the flight plan a confirmation that 
the appropriate clearance has been obtained. The Testing Party 
shall provide parking, security protection, servicing, and fuel 
for aircraft of the Verifying Party at the point of entry. The 
Verifying Party shall bear the cost of such fuel and servicing.
    6. The Testing Party shall ensure that all necessary 
clearances or approvals are granted so as to enable Designated 
Personnel, their baggage, and equipment of the Verifying Party 
to arrive at the point of entry by the estimated arrival date 
and time.
    7. The Testing Party shall assist Designated Personnel and 
Transport Personnel and their baggage in passage through 
customs without undue delay. The Testing Party shall provide 
transportation between the point of entry and the test site or 
the Designated Seismic Stations for Designated Personnel, their 
baggage, and equipment of the Verifying Party, so as to enable 
such personnel to exercise their rights and functions in the 
time periods provided in this Protocol and specified in the 
coordinated schedule.
    8. The Testing Party shall have the right to assign its 
personnel to escort Designated Personnel and Transport 
Personnel while they are in its territory.
    9. Except as otherwise provided in this Protocol, movement 
and travel of Designated Personnel and Transport Personnel in 
the territory of the Testing Party, from the time of their 
arrival at the point of entry until their departure from the 
territory of the Testing Party at the point of entry, shall be 
subject to the authorization of the Testing Party.
    10. During the period Designated Personnel and Transport 
Personnel are in the territory of the Testing Party, the 
Testing Party shall provide food, hotel-like living 
accommodations, working facilities, transportation, and medical 
facilities for out-patient treatment and in-patient treatment, 
and also secure places for storing equipment. If the Verifying 
Party desires to provide its own food for its Designated 
Personnel and its Transport Personnel during their stay in the 
territory of the Testing Party, the Testing Party shall provide 
such assistance as may be necessary for such food to arrive at 
the appropriate locations. Designated Personnel shall have the 
use of a complete kitchen at all times during their stay at the 
test site and at each Designated Seismic Station.
    11. The Verifying Party shall have the right to include 
among its Designated Personnel a medical specialist, who shall 
be allowed to bring medications, medical instruments, and 
portable medical equipment agreed upon by the Parties. If 
Designated Personnel are treated in a medical facility of the 
Testing Party, the medical specialist shall have the right to 
consult on the recommended treatment and monitor the course of 
medical treatment at all times. The medical specialist of the 
Verifying Party shall have the right to require the Testing 
Party to provide emergency evacuation of any individual of the 
Designated Personnel who is ill or has suffered an accident to 
a mutually agreed medical facility in the territory of the 
Testing Party or to the point of entry for emergency medical 
evacuation by the Verifying Party. Designated Personnel shall 
have the right to refuse any treatment prescribed by medical 
personnel of the Testing treatment prescribed by medical 
personnel of the Testing Party, and in this case the Testing 
Party shall not be responsible for any consequences of such 
refusal. Such refusal must always be express.
    12. The Testing Party shall provide the Designated 
Personnel Team Leader or his designated representative at all 
times access to:
          (a) telephone communications between the embassy of 
        the Verifying Party in the territory of the Testing 
        Party and the working facilities and living 
        accommodations of Designated Personnel at each test 
        site and each Designated Seismic Station; and
          (b) an international telephone network from their 
        working facilities and living accommodations at each 
        test site and each Designated Seismic Station.
    13. The Designated Personnel Team Leader or his designated 
representative shall have the right to use at all times 
satellite communications to ensure communications via the 
International Maritime Satellite Organization (INMARSAT) 
commercial satellite system, or a system of equivalent 
performance, between each test site in the territory of the 
Testing Party and the telephone communications system of the 
Verifying Party. If the Testing Party does not provide such 
communications, Designated Personnel shall have the right to 
use their own equipment specified in paragraph 1(k) of Section 
VIII of this Protocol. In this case, installation and alignment 
of all such equipment shall be done jointly. All equipment of 
this system, except the remote control unit, shall be locked 
and placed under seals of both Parties, and personnel of 
neither Party shall have access to this equipment except under 
observation of personnel of the other Party. Only Designated 
Personnel shall use the remote control unit. If the Verifying 
Party provides satellite communications equipment, personnel of 
the Testing Party shall have the right, under observation of 
Designated Personnel, to make the following modifications 
provided they do not degrade the quality of the communications:
          (a) install bandpass filters, to limit the frequency 
        range, in the antenna signal transmission and reception 
        lines;
          (b) modify the remote control unit to prevent manual 
        tuning; and
          (c) modify the satellite communications equipment to 
        allow the Testing Party to monitor all transmissions.
    14. The Testing Party shall provide the following for use 
by Designated Personnel:
          (a) portable radios for communications at the test 
        location;
          (b) telephones for communications between work areas 
        and between work areas and living quarters of 
        Designated Personnel at the test site or Designated 
        Seismic Stations; and
          (c) access to Testing Party-controlled vehicle-
        mounted radios for communications with the test 
        location, work areas, or living quarters while 
        Designated Personnel are in transit at the test site.
    15. At the test site and each Designated Seismic Station, 
Designated Personnel shall observe all safety rules and 
regulations applicable to the personnel of the Testing Party, 
as well as all those additional restrictions with regard to 
access and movement as may be established by the Testing Party. 
Designated Personnel shall have access only to the areas in 
which they will directly exercise their rights and functions in 
accordance with Sections V, VI, VII, and VIII of this Protocol. 
The areas at the test site or the Designated Seismic Station in 
which Designated Personnel shall have freedom of movement 
during the conduct of a specific test without the mandatory 
escort of personnel of the Testing Party shall be marked on the 
diagrams of the test site or the Designated Seismic Stations 
provided to the Verifying Party at the first meeting of the 
Coordinating Group specified in paragraph 10 of Section XI of 
this Protocol. In all other cases, the permission of the 
Representative of the Testing Party, and escort by, personnel 
of the Testing Party shall be required.
    16. Designated Personnel shall not be given or seek access 
by physical, visual, or technical means to the interior of any 
explosive canister, to documentary or other information 
descriptive of the design of an explosive, or to equipment for 
control and firing of an explosive. The Testing Party shall not 
locate documentary or other information descriptive of the 
design of an explosive in such ways as to impede Designated 
Personnel in carrying out their activities in accordance with 
this Protocol.
    17. Possession or use by Designated Personnel of firearms, 
ammunition, or substances containing narcotics, with the 
exception of those prescribed by a physician, in the territory 
of the Testing Party is prohibited. Except as otherwise 
provided in this Protocol, possession or use by Designated 
Personnel of the following items is also prohibited at the test 
site or a Designated Seismic Station:
          (a) photographic and video recording equipment;
          (b) radio transmitters or receivers other than those 
        supplied by the Testing Party;
          (c) sound recorders;
          (d) teleoptical devices; and
          (e) personal computers.
    18. Except as otherwise provided in this Protocol or as may 
be approved in writing by the Representative of the Testing 
Party, Designated Personnel are prohibited from removing any of 
the following items from the test site or a Designated Seismic 
Station:
          (a) soil samples;
          (b) plant samples;
          (c) water and air samples;
          (d) animals;
          (e) metal objects; and
          (f) rock samples or debris.
    19. Designated Personnel shall have the right to remove 
from the territory of the Testing Party all items, including 
data, obtained in accordance with this Protocol.
    20. The Testing Party shall have the right to inspect, in 
the presence of Designated Personnel, baggage and personal 
possessions of Designated Personnel upon their entry to or 
departure from the test site or Designated Seismic Stations. 
The Testing Party shall also have the right to inspect, in the 
presence of Designated Personnel, any packages received by 
Designated Personnel during their stay at the test site or 
Designated Seismic Stations or prepared for shipment by 
Designated Personnel from the test site or Designated Seismic 
Stations.
    21. Except as provided in paragraphs 22, 23, and 24 of this 
Section or unless the Parties otherwise agree, the Verifying 
Party shall bear all costs of verification activities of 
Designated Personnel and Transport Personnel set forth in the 
coordinated schedule, including costs for use of consumption of 
materials, equipment, transportation, food, living and working 
facilities, medical assistance, communications, and services 
requested by and provided to the costs associated with 
transport aircraft in accordance with paragraph 5 of this 
Section.
    22. The Testing Party shall bear all costs related to the 
preparation of its test sites, Designated Seismic Stations, and 
equipment storage facilities within its territory for the use 
of Designated Personnel as provided for in this Protocol.
    23. With respect to a test of non-standard configuration:
          (a) the Testing Party shall bear the costs of the 
        activities specified in paragraph 6(a) of Section V of 
        this Protocol that are carried out with respect to the 
        second and third satellite holes, if requested by the 
        Verifying Party in accordance with paragraph 11 of 
        Section XI of this Protocol; and
          (b) the Testing Party shall bear the costs related to 
        the conduct of a test identified by it as a reference 
        test to satisfy the request of the Verifying Party in 
        accordance with paragraph 11 of Section XI of this 
        Protocol.
    24. The Testing Party shall bear all costs related to 
transportation of equipment of the Verifying Party between:
          (a) the point of entry and the location at which such 
        equipment is subject to familiarization or inspection 
        by the Testing Party in accordance with Section VIII of 
        this Protocol;
          (b) the location for familiarization or inspection by 
        the Testing Party and the location at which such 
        equipment is returned to the Verifying Party;
          (c) the location at which such equipment is turned 
        over to the Testing Party for storage and the storage 
        location; and
          (d) the storage location and the location at which 
        such equipment is returned to the Verifying Party.
    25. If the Verifying Party decides not to carry out 
activities related to verification that it specified in its 
initial notification, after technical and logistical support 
for these activities has been agreed upon in the Coordinating 
Group in accordance with paragraph 12 of Section XI of this 
Protocol, the Verifying Party shall reimburse the Testing Party 
for the costs of such agreed technical and logistical support 
incurred by the Testing Party prior to receipt of notification 
that the Verifying Party will not carry out the initially 
declared activities related to verification.

        SECTION XI. PROCEDURES FOR CONSULTATION AND COORDINATION

    1. For the purposes of implementation of the Treaty and 
this Protocol, the Parties shall, immediately following entry 
into force of the Treaty, establish a Bilateral Consultative 
Commission, within the framework of which they shall meet, at 
the request of either Party, to:
          (a) consider any questions relating to implementation 
        of the Treaty and this Protocol;
          (b) consider any suggestions for amendments to the 
        Treaty or this Protocol;
          (c) consider any technical or administrative changes 
        to this Protocol of the nature provided in paragraph 2, 
        3, or 4 of this Section;
          (d) consider any questions relating to compliance 
        with the Treaty or this Protocol;
          (e) consider any new verification technologies having 
        a bearing on the Treaty or this Protocol;
          (f) seek agreement on those matters specified in this 
        Protocol as requiring agreement of the Parties; and
          (g) seek agreement on questions related to costs for 
        verification activities and procedures for reciprocal 
        payments of such costs between the Parties.
    2. If the Parties determine that the periods of time 
specified with respect to notifications in Section IV of this 
Protocol create practical difficulties and do not serve the 
interest of effective implementation of this Protocol, they may 
change such periods of time by agreement in the Bilateral 
Consultative Commission. Such agreed changes shall not be 
considered amendments to the Treaty or this Protocol.
    3. If the Parties determine that, in the interest of 
effective implementation of this Protocol, the arrangements set 
forth in Section X of this Protocol regarding transportation, 
lodging, food, and services require modification, the 
provisions of Section X of this Protocol may be changed by 
agreement of the Parties in the Bilateral Consultative 
Commission. Such agreed changes shall not be considered 
amendments to the Treaty or this Protocol.
    4. If the Parties determine that modifications to 
verification procedures, including modifications resulting from 
improvements in existing technologies, would enhance effective 
implementation of the basic aims of the Treaty or this 
Protocol, they may, in the Bilateral Consultative Commission, 
agree upon such modifications. Such agreed modifications shall 
not be considered amendments to the Treaty or this Protocol.
    5. The Parties, through consultation, shall establish, and 
may amend as appropriate, regulations to govern the operations 
of the Bilateral Consultative Commission.
    6. For each test with respect to which activities related 
to verification are carried out in accordance with this 
Protocol, the Parties shall establish a Coordinating Group of 
the Bilateral Consultative Commission that shall be responsible 
for coordinating the activities of the Verifying Party with the 
activities of the Testing Party. The Bilateral Consultative 
Commission may, as necessary, establish and amend procedures 
governing the activities of the Coordinating Group.
    7. The Coordinating Group shall operate throughout the 
entire period of preparing and carrying out activities related 
to verification of a specific test, until departure of 
Designated Personnel from the territory of the Testing Party.
    8. All members of the Coordinating Group from the Verifying 
Party shall be drawn from the list of Designated Personnel. The 
Representative of the Verifying Party to the Coordinating Group 
shall be the Principal Designated Personnel Team Leader, whose 
name shall be provided simultaneously with the notification of 
intent to carry out activities related to verification of a 
specific test. Within 15 days following receipt of this 
notification, the Testing Party shall provide the Verifying 
Party with the name of its Representative to the Coordinating 
Group.
    9. The first meeting of the Coordinating Group shall be 
convened in the capital of the Testing Party within 25 days 
following notification by the Verifying Party that it intends 
to carry out activities related to verification of a specific 
test. Thereafter, the Coordinating Group shall meet at the 
request of either Party.
    10. On the first day of the first meeting of the 
Coordinating Group, the Testing Party shall present a list, 
including times and durations, of all activities it intends to 
carry out that could affect the rights of the Verifying Party 
provided in this Protocol with respect to activities declared 
by it and related to verification of a specific test. If the 
Verifying Party has provided notification of its intent:
          (a) to use the hydrodynamic yield measurement method 
        or carry out an on-site inspection, the Testing Party 
        shall provide the Verifying Party with the following 
        information:
                  (i) the number of emplacement holes for the 
                specific test;
                  (ii) with respect to each emplacement hole, 
                whether, for the purposes of this Protocol, the 
                emplacement hole shall be deemed vertical or 
                horizontal; and
                  (iii) the number of explosions included in 
                the test and the location of each planned end 
                of each emplacement hole and of the 
                corresponding planned emplacement point, to the 
                nearest 10 meters;
          (b) to use the hydrodynamic yield measurement method 
        with respect to a test of standard configuration that 
        includes more than one explosion, the Testing Party 
        shall provide, in addition to the information specified 
        in subparagraph (a) of this paragraph, the following 
        information:
                  (i) whether any explosion has a planned yield 
                exceeding 50 kilotons, and, if so, which 
                explosion or explosions; and
                  (ii) whether any explosion has a planned 
                yield exceeding 35 kilotons, and, if so, which 
                explosion or explosions; and
          (c) to use the hydrodynamic yield measurement method 
        with respect to a test of non-standard configuration, 
        the Testing Party shall provide the information 
        specified in subparagraphs (a) and (b) of this 
        paragraph, as well as the following information:
                  (i) a detailed description, including 
                dimensions, of each emplacement hole and any 
                access or bypass tunnels connected to each 
                emplacement hole if any portion of an access or 
                bypass tunnel is within the hydrodynamic 
                measurement zone;
                  (ii) the dimensions of each explosive 
                canister and its orientation in the emplacement 
                hole;
                  (iii) the density and dimensions of each 
                choke section; and
                  (iv) the location and configuration of any 
                access or bypass tunnels and any known voids 
                with a volume larger than one cubic meter, 
                within 50 meters of the wall of each 
                emplacement hole within the hydrodynamic 
                measurement zone, and the bulk density of the 
                stemming material if these voids are to be 
                stemmed.
    11. Within 15 days following the convening of the first 
meeting of the Coordinating Group, the Verifying Party shall 
provide the Testing Party, in the Coordinating Group, with a 
list of the activities it intends to carry out, as well as 
those activities provided for in this Protocol that it intends 
not to carry out. The Verifying Party shall also provide the 
Testing Party, in the Coordinating Group, with a preliminary 
statement of its requirements for technical and logistical 
support for the activities related to verification that it 
intends to carry out and whether it will require the Testing 
Party to provide the cables specified in paragraphs 3(a) and 
3(b) of Section VIII of this Protocol for its use. If the 
Verifying Party has notified the Testing Party that it intends 
to use the hydrodynamic yield measurement method with respect 
to a test of non-standard configuration, the Verifying Party 
also shall inform the Testing Party:
          (a) whether it requires a reference test; and
          (b) whether it will actually carry out hydrodynamic 
        yield measurements of the test of non-standard 
        configuration, and, if so, which measurements, and:
                  (i) the number of satellite holes required 
                and the specific distance and azimuth relative 
                to the emplacement hole of the second and third 
                satellite holes, if such are requested by the 
                Verifying Party and, if the Testing Party is 
                unable to prepare the first satellite hole in 
                accordance with the conditions for such hole in 
                the standard configuration, the distance and 
                azimuth of that satellite hole relative to the 
                emplacement hole; and
                  (ii) in which satellite holes the Verifying 
                Party intends to use transducers and associated 
                power supplies.
    12. Within 10 days following receipt by the Testing Party 
of the information specified in paragraph 11 of this Section, 
the Parties, in the Coordinating Group, shall develop and agree 
upon a coordinated schedule, which shall include specific times 
and durations for carrying out activities related to 
verification, ensuring the rights of each Party provided in 
this Protocol, and taking into account the number of Designated 
Personnel that will carry out activities related to 
verification of a specific test in accordance with Sections V, 
VI, and VII of this Protocol. The coordinated schedule shall 
reflect those numbers.
    13. Agreement of the Representative of each Party to the 
Coordinating Group shall constitute agreement of the Parties 
for the purposes of this Protocol with the exception of 
paragraphs 3, 4, 5, 6, and 9 of Section III of this Protocol 
and paragraph 2 of Section XII of this Protocol.
    14. Upon completion of activities related to verification 
of a specific test, the Designated Personnel Team Leader at the 
test site or at each Designated Seismic Station shall prepare a 
written report, in the language of each Party. The report shall 
be factual. It shall list activities carried out by Designated 
Personnel, with dates of their completion, and shall include 
lists of information, data, photographs, and samples obtained 
by Designated Personnel or provided by the Testing Party in 
accordance with this Protocol. The report shall list technical 
and logistical activities carried out by the Testing Party in 
support of activities related to verification. The Designated 
Personnel Team Leader shall include in the report comments on 
any ambiguities not resolved during the carrying out of 
activities related to verification. The Representative of the 
Testing Party may include in the report comments responding to 
these ambiguities. The Designated Personnel Team Leader shall 
complete the report prior to the scheduled departure of 
Designated Personnel from the test site or Designated Seismic 
Station. The Designated Personnel Team Leader and the 
Representative of the Testing Party shall each sign the report 
and retain a copy.
    15. If, in the course of implementing activities related to 
verification of a specific test, in accordance with this 
Protocol, questions arise requiring prompt resolution, such 
questions shall be considered by the Coordinating Group. If the 
Coordinating Group is unable to resolve such questions, they 
shall immediately be referred to the Bilateral Consultative 
Commission for resolution.

                  SECTION XII. RELEASE OF INFORMATION

    1. Nothing in the Treaty and this Protocol shall affect the 
proprietary rights of either Party in information provided by 
it in accordance with the Treaty and this Protocol, or in 
information that may be disclosed to the other Party or that 
may become known to the other Party in preparing for or 
conducting a test. Claims to such proprietary rights, however, 
shall not impede implementation of the provisions of the Treaty 
and this Protocol.
    2. Public release of the information provided in accordance 
with this Protocol or publication of material using such 
information may take place only with the agreement of the 
Testing Party. Public release of the results of observation or 
measurements made by Designated Personnel may take place only 
with the agreement of both Parties.

                     SECTION XIII. ENTRY INTO FORCE

    This Protocol is an integral part of the Treaty. It shall 
enter into force on the date of entry into force of the Treaty 
and shall remain in force as long as the Treaty remains in 
force.

    Done at Washington, a duplicate, this first day of June, 
1990, in the English and Russian languages, both texts being 
equally authentic.
 c. Treaty with the Union of Soviet Socialist Republics on Underground 
 Nuclear Explosions for Peaceful Purposes, and the Protocol Thereto \1\

     Done at Washington, D.C. and Moscow, U.S.S.R., May 28, 1976; 
   Ratification advised by the Senate, September 25, 1990; President 
ratified, December 8, 1990; Exchange of ratifications and entered into 
                        force, December 11, 1990

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ 1714 UNTS 387.

    Proceeding from a desire to implement Article Ill of the 
Treaty between the United States of America and the Union of 
Soviet Socialist Republics on the Limitation of Underground 
Nuclear Weapon Tests, which calls for the earliest possible 
conclusion of an agreement on underground nuclear explosions 
---------------------------------------------------------------------------
for peaceful purposes,

    Reaffirming their adherence to the objectives and 
principles of the Treaty Banning Nuclear Weapon Tests in the 
Atmosphere, in Outer Space and Under Water, the Treaty on Non-
Proliferation of Nuclear Weapons, and the Treaty on the 
Limitation of Underground Nuclear Weapon Tests, and their 
determination to observe strictly the provisions of these 
international agreements,

    Desiring to assure that underground nuclear explosions for 
peaceful purposes shall not be used for purposes related to 
nuclear weapons,

    Desiring that utilization of nuclear energy be directed 
only toward peaceful purposes,

    Desiring to develop appropriately cooperation in the field 
of underground nuclear explosions for peaceful purposes,

    Have agreed as follows:

                               article i

    1. The Parties enter into this Treaty to satisfy the 
obligations in Article Ill of the Treaty on the Limitation of 
Underground Nuclear Weapon Tests, and assume additional 
obligations in accordance with the provisions of this Treaty.
    2. This Treaty shall govern all underground nuclear 
explosions for peaceful purposes conducted by the Parties after 
March 31, 1976.

                               article ii

    For the purposes of this Treaty:
          (a) ``explosion'' means any individual or group 
        underground nuclear explosion for peaceful purposes;
          (b) ``explosive'' means any device, mechanism or 
        system for producing an individual explosion;
          (c) ``group explosion'' means two or more individual 
        explosions for which the time interval between 
        successive individual explosions does not exceed five 
        seconds and for which the emplacement points of all 
        explosives can be interconnected by straight line 
        segments, each of which joins two emplacement points 
        and each of which does not exceed 40 kilometers.

                              article iii

    1. Each Party, subject to the obligations assumed under 
this Treaty and other international agreements, reserves the 
right to:
          (a) carry out explosions at any place under its 
        jurisdiction or control outside the geographical 
        boundaries of test sites specified under the provisions 
        of the Treaty on the Limitation of Underground Nuclear 
        Weapon Tests; and
          (b) carry out, participate or assist in carrying out 
        explosions in the territory of another State at the 
        request of such other State.
    2. Each Party undertakes to prohibit, to prevent and not to 
carry out at any place under its jurisdiction or control, and 
further undertakes not to carry out, participate or assist in 
carrying out anywhere:
          (a) any individual explosion having a yield exceeding 
        150 kilotons;
          (b) any group explosion:
                  (1) having an aggregate yield exceeding 150 
                kilotons except in ways that will permit 
                identification of each individual explosion and 
                determination of the yield of each individual 
                explosion in the group in accordance with the 
                provisions of Article IV of and the Protocol to 
                this Treaty;
                  (2) having an aggregate yield exceeding one 
                and one-half megatons;
          (c) any explosion which does not carry out a peaceful 
        application;
          (d) any explosion except in compliance with the 
        provisions of the Treaty Banning Nuclear Weapon Tests 
        in the Atmosphere, in Outer Space and Under Water, the 
        Treaty on the Non-Proliferation of Nuclear Weapons, and 
        other international agreements entered into by that 
        Party.
    3. The question of carrying out any individual explosion 
having a yield exceeding the yield specified in paragraph 2(a) 
of this article will be considered by the Parties at an 
appropriate time to be agreed.

                               article iv

    1. For the purpose of providing assurance of compliance 
with the provisions of this Treaty, each Party shall:
          (a) use national technical means of verification at 
        its disposal in a manner consistent with generally 
        recognized principles of international law; and
          (b) provide to the other Party information and access 
        to sites of explosions and furnish assistance in 
        accordance with the provisions set forth in the 
        Protocol to this Treaty.
    2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1(a) of this article, or with the 
implementation of the provisions of paragraph 1(b) of this 
article.

                               article v

    1. To promote the objectives and implementation of the 
provisions of this Treaty, the Parties shall establish promptly 
a Joint Consultative Commission within the framework of which 
they will:
          (a) consult with each other, make inquiries and 
        furnish information in response to such inquiries, to 
        assure confidence in compliance with the obligations 
        assumed;
          (b) consider questions concerning compliance with the 
        obligations assumed and related situations which may be 
        considered ambiguous;
          (c) consider questions involving unintended 
        interference with the means for assuring compliance 
        with the provisions of this Treaty;
          (d) consider changes in technology or other new 
        circumstances which have a bearing on the provisions of 
        this Treaty; and
          (e) consider possible amendments to provisions 
        governing underground nuclear explosions for peaceful 
        purposes.
    2. The Parties through consultation shall establish, and 
may amend as appropriate, Regulations for the Joint 
Consultative Commission governing procedures, composition and 
other relevant matters.

                               article vi

    1. The Parties will develop cooperation on the basis of 
mutual benefit, equality, and reciprocity in various areas 
related to carrying out underground nuclear explosions for 
peaceful purposes.
    2. The Joint Consultative Commission will facilitate this 
cooperation by considering specific areas and forms of 
cooperation which shall be determined by agreement between the 
Parties in accordance with their constitutional procedures.
    3. The Parties will appropriately inform the International 
Atomic Energy Agency of results of their cooperation in the 
field of underground nuclear explosions for peaceful purposes.

                              article vii

    1. Each Party shall continue to promote the development of 
the international agreement or agreements and procedures 
provided for in Article V of the Treaty on the Non-
Proliferation of Nuclear Weapons, and shall provide appropriate 
assistance to the International Atomic Energy Agency in this 
regard.
    2. Each Party undertakes not to carry out, participate or 
assist in the carrying out of any explosion in the territory of 
another State unless that State agrees to the implementation in 
its territory of the international observation and procedures 
contemplated by Article V of the Treaty on the Non-
Proliferation of Nuclear Weapons and the provisions of Article 
IV of the Protocol to this Treaty, including the provision by 
that State of the assistance necessary for such implementation 
and of the privileges and immunities specified in the Protocol.

                              article viii

    1. This Treaty shall remain in force for a period of five 
years, and it shall be extended for successive five-year 
periods unless either Party notifies the other of its 
termination no later than six months prior to its expiration. 
Before the expiration of this period the Parties may, as 
necessary, hold consultations to consider the situation 
relevant to the substance of this Treaty. However, under no 
circumstances shall either Party be entitled to terminate this 
Treaty while the Treaty on the Limitation of Underground 
Nuclear Weapon Tests remains in force.
    2. Termination of the Treaty on the Limitation of 
Underground Nuclear Weapon Tests shall entitle either Party to 
withdraw from this Treaty at any time.
    3. Each Party may propose amendments to this Treaty. 
Amendments shall enter into force on the day of the exchange of 
instruments of ratification of such amendments.

                               article ix

    1. This Treaty including the Protocol which forms an 
integral part hereof, shall be subject to ratification in 
accordance with the constitutional procedures of each Party. 
This Treaty shall enter into force on the day of the exchange 
of instruments of ratification which exchange shall take place 
simultaneously with the exchange of instruments of ratification 
of the Treaty on the Limitation of Underground Nuclear Weapon 
Tests.
    2. This Treaty shall be registered pursuant to Article 102 
of the Charter of the United Nations.

    Done at Washington and Moscow, on May 28, 1976, in 
duplicate, in the English and Russian languages, both texts 
being equally authentic.
                              ----------                              


THE PROTOCOL TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE 
 UNION OF SOVIET SOCIALIST REPUBLICS ON UNDERGROUND NUCLEAR EXPLOSIONS 
                       FOR PEACEFUL PURPOSES \2\

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

    Confirming the provisions of the Treaty between the United 
States of America and the Union of Soviet Socialist Republics 
on Underground Nuclear Explosions for Peaceful Purposes of May 
28, 1976, hereinafter referred to as the Treaty,
---------------------------------------------------------------------------
    \2\ 1714 UNTS 440.

    Taking into account the fact that nuclear explosions for 
peaceful purposes are conducted outside national nuclear tests 
---------------------------------------------------------------------------
sites under various geological conditions,

    Convinced of the necessity to ensure effective verification 
of compliance with the Treaty,

    Have agreed as follows:

                         SECTION I. DEFINITIONS

    In addition to the definitions of terms set forth in 
Article II of the Treaty, for the purposes of this Protocol:
    1. The term ``emplacement hole'' means the entire interior 
of any drill hole, shaft, adit or tunnel in which an explosive, 
associated cables, and other equipment are installed for the 
purposes of carrying out an explosion.
    2. The term ``Verifying Party'' means the Party entitled to 
carry out, in accordance with this Protocol, activities related 
to verification of compliance with the Treaty by the Party 
carrying out an explosion.
    3. The term ``Designated Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Designated Personnel, in accordance 
with Section IX of this Protocol, to carry out activities 
related to verification, in accordance with this Protocol, in 
the territory of the Party carrying out the explosion.
    4. The term ``Transport Personnel'' means personnel 
appointed by the Verifying Party from among its nationals and 
included on its list of Transport Personnel, in accordance with 
this Protocol, to provide transportation for Designated 
Personnel, their baggage, and equipment of the Verifying Party 
between the territory of the Verifying Party and the point of 
entry in the territory of the Party carrying out the explosion.
    5. The term ``point of entry'' means Washington, D.C. 
(Dulles International Airport) with respect to the United 
States of America; and Moscow (Sheremetyevo-2 Airport) with 
respect to the Union of Soviet Socialist Republics. Other 
locations may serve as points of entry for specific explosions, 
as agreed by the Parties.
    6. The term ``on-site inspection'' means activities carried 
out by the Verifying Party in the territory of the Party 
carrying out the explosion, in accordance with Section VII of 
this Protocol, for the purposes of independently obtaining data 
on conditions under which the explosion will be conducted and 
confirming the validity of data provided by the Party carrying 
out the explosion.
    7. The term ``hydrodynamic yield measurement method'' means 
the method whereby the yield of an explosion is derived from 
on-site, direct measurement of the position of the shock front 
as a function of time during the hydrodynamic phase of the 
ground motion produced by the explosion.
    8. The term ``local seismic network'' means the array of 
seismic stations and the control point temporarily deployed, in 
accordance with this Protocol, for the purpose of identifying 
the number of individual explosions in a specific group 
explosion.
    9. The term ``Joint Consultative Commission'' means the 
Commission established in accordance with Article V of the 
Treaty.
    10. The term ``Coordinating Group'' means a working group 
of the Joint Consultative Commission, established in accordance 
with Section XI of this Protocol.
    11. The term ``Nuclear Risk Reduction Centers'' means the 
Centers located in Washington, D.C., and Moscow, established in 
accordance with the Agreement Between the United States of 
America and the Union of Soviet Socialist Republics on the 
Establishment of Nuclear Risk Reduction Centers of September 
15, 1987.

              SECTION II. EXPLOSION DEPTH AND COMPOSITION

    1. No explosion shall be conducted at a distance in meters 
from the ground surface less than 30 times the 3.4 root of the 
planned yield of that explosion in kilotons.
    2. No group explosion shall have an aggregate yield 
exceeding 150 kilotons unless the Parties agree on specific 
procedures to implement appropriate provisions of this Protocol 
so as to permit identification of each individual explosion and 
determination of the yield of each individual explosion in the 
group.
    3. No explosion having a planned yield exceeding 35 
kilotons shall be conducted in a cavity having a volume 
exceeding 20,000 cubic meters, unless the Parties agree on 
verification measures for such an explosion.

                   SECTION III. VERIFICATION MEASURES

    1. For the purposes of the Treaty, all underground nuclear 
explosions conducted outside national nuclear test sites shall 
be considered underground nuclear explosions for peaceful 
purposes subject to all the provisions of the Treaty. For 
purposes of verification of compliance with the Treaty, in 
addition to using available national technical means, the 
Verifying Party shall have the right:
          (a) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol, to 
        measure the yield of each explosion that the Party 
        carrying out the explosion notifies, in accordance with 
        paragraph 3 of Section IV of this Protocol, to have a 
        planned yield exceeding 50 kilotons;
          (b) to use the hydrodynamic yield measurement method, 
        in accordance with Section V of this Protocol, to 
        monitor the yield of each individual explosion in a 
        group explosion that the Party carrying out the 
        explosion notifies, in accordance with paragraph 3 of 
        Section IV of this Protocol, to have a planned 
        aggregate yield exceeding 50 kilotons;
          (c) to use, in conjunction with the use of the 
        hydrodynamic yield measurement method, a local seismic 
        network, in accordance with Section VI of this 
        Protocol, for each group explosion that the Party 
        carrying out the explosion notifies, in accordance with 
        paragraph 3 of Section IV of this Protocol, to have a 
        planned aggregate yield exceeding 150 kilotons, and
          (d) to carry out on-site inspection, in accordance 
        with Section VII of this Protocol, with respect to any 
        explosion that the Party carrying out the explosion 
        notifies, in accordance with paragraph 3 of Section IV 
        of this Protocol, to have a planned yield exceeding 35 
        kilotons, and, with respect to any explosion having a 
        planned yield exceeding 50 kilotons, only if the 
        Verifying Party has decided not to use the hydrodynamic 
        yield measurement method.
    2. The Party carrying out the explosion shall bear full 
responsibility for, and have exclusive control over, the 
conduct of the explosion.
    3. Designated Personnel shall be responsible for the 
working of their equipment, its timely installation and 
operation, for participating in such operations, including dry 
runs, as the Party carrying out the explosion may request, and 
for recording data at the time of the explosion. The Party 
carrying out the explosion shall be under no obligation to 
change the time of the explosion because of any malfunction of 
the equipment of the Verifying Party or inability of Designated 
Personnel to carry out their functions, unless actions of the 
Party carrying out the explosion have caused such a situation 
to arise.

    SECTION IV. NOTIFICATIONS AND INFORMATION RELATING TO EXPLOSIONS

    1. Unless the Parties otherwise agree, all notifications 
provided for in this Protocol shall be transmitted through the 
Nuclear Risk Reduction Centers. The Nuclear Risk Reduction 
Centers may also be used, as appropriate, to transmit other 
information provided in accordance with this Protocol.
    2. Not later than July 1 following entry into force of the 
Treaty, and each July 1 thereafter, each Party shall inform the 
other Party whether or not it intends to conduct, during the 
following calendar year, any individual or group explosion for 
peaceful purposes having a planned aggregate yield exceeding 35 
kilotons, and if so, how many. On the date of entry into force 
of the Treaty, information specified by this paragraph shall be 
provided by each Party for the remainder of the calendar year 
in which the Treaty enters into force and for the period from 
January 1 through December 31 of the succeeding year. In the 
event of changes in the information provided in accordance with 
this paragraph, such changes shall be immediately provided to 
the other Party.
    3. No less than 180 days prior to the planned date of the 
beginning of emplacement of the explosive or explosives for 
every explosion having a planned yield exceeding 35 kilotons, 
the Party carrying out the explosion shall notify the Verifying 
Party of its intention to carry out the explosion and shall 
provide the Verifying Party with the following information, to 
the extent and degree of accuracy available at the time when it 
is provided:
          (a) the planned date of the explosion;
          (b) the planned date of the beginning of emplacement 
        of the explosive or explosives;
          (c) the purpose of the explosion;
          (d) the location of the explosion, expressed in 
        geographic coordinates to the nearest minute;
          (e) the planned yield of the explosion;
          (f) the number of explosives, and the planned yield 
        of each individual explosive;
          (g) the planned depth of emplacement of each 
        explosive to the nearest 10 meters;
          (h) the type or types of rock in which the explosion 
        will take place, including the depth of the water 
        table; and
          (i) a description of specific technological features 
        of the project of which the explosion is a part that 
        may affect determination of its yield and confirmation 
        of its purpose.
    4. Following receipt of information specified in paragraph 
3 of this Section, the Verifying Party shall inform the Party 
carrying out the explosion, no less than 150 days prior to the 
planned date of the beginning of emplacement of explosives, in 
a single notification, whether or not it intends to carry out 
one of the following activities related to verification:
          (a) with respect to an explosion having a planned 
        yield exceeding 35 kilotons, to carry out on-site 
        inspection in accordance with Section VII of this 
        Protocol; or
           (b) with respect to an explosion having a planned 
        yield exceeding 50 kilotons, to use the hydrodynamic 
        yield measurement method, in accordance with Section V 
        of this Protocol, and, with respect to a group 
        explosion having a planned aggregate yield exceeding 
        150 kilotons, to use, in conjunction with the 
        hydrodynamic yield measurement method, a local seismic 
        network, in accordance with Section VI of this 
        Protocol.
    5. If the Verifying Party:
          (a) declares its intention not to conduct activities 
        described in paragraphs 4(a) and 4(b) of this Section, 
        it shall thereby forfeit its right to conduct such 
        activities unless the Party carrying out the explosion 
        provides notification, in accordance with paragraph 9 
        of this Section, of a change in the location by more 
        than one minute of latitude or longitude or of a change 
        in the planned date of the explosion that changes the 
        date indicated in the initial notification by 60 days 
        or more. Within 30 days of notification by the Party 
        carrying out the explosion of any such change in 
        location or planned date of the explosion, the 
        Verifying Party shall have the right to revise the 
        notification it provided in accordance with paragraph 4 
        of this Section. In the event the Verifying Party 
        elects to revise its notification and to use the 
        hydrodynamic yield measurement method or to carry out 
        on-site inspection, the beginning of emplacement of 
        explosives shall not occur less than 90 days from the 
        date of the Verifying Party's revised notification, 
        unless the Parties otherwise agree. The Party carrying 
        out the explosion shall thereafter provide the 
        Verifying Party with the information specified in 
        paragraph 6 or 7 of this Section; or
          (b) decides not to conduct the activities related to 
        verification specified by it in its initial 
        notification, after technical and logistical support 
        requirements for these activities have been agreed upon 
        in the Coordinating Group, in accordance with paragraph 
        6 of Section XI of this Protocol, the Verifying Party 
        shall reimburse the Party carrying out the explosion 
        for costs for such technical and logistical support 
        incurred by the party carrying out the explosion prior 
        to receipt of notification that the Verifying Party 
        will not carry out the initially-declared activities 
        related to verification.
    6. In the event of receipt by the Party carrying out the 
explosion of notification from the Verifying Party of its 
intent to use the hydrodynamic yield measurement method, the 
Party carrying out the explosion shall provide the Verifying 
Party not less than 60 days prior to the planned date of the 
beginning of emplacement of explosives with the following 
information:
          (a) the number of explosives; the planned yield of 
        each explosive; the planned depth of emplacement of 
        each explosive with an accuracy of 10 meters; the 
        planned point of emplacement of each explosive to be 
        used in a group explosion relative to all other 
        explosives in the group with an accuracy of 10 percent 
        of the distance between that explosive and the nearest 
        other explosive, but in no case shall the error be 
        greater than 100 meters; and the planned time intervals 
        between individual explosions in each group explosion 
        with an accuracy of 0.1 second;
          (b) a description of the geological and geophysical 
        characteristics of the site of each explosion that 
        could influence determination of the yield, which shall 
        include: the depth of the water table; a stratigraphic 
        column above each emplacement point; the position of 
        each emplacement point relative to nearby geological 
        and other features than influenced the design of the 
        project of which the explosion is a part; and the 
        estimated physical parameters of the rock within each 
        hydrodynamic measurement zone, including bulk density, 
        grain density, compressional and shear-wave velocities, 
        porosity, and total water content;
          (c) the locations and purposes of facilities and 
        installations that are associated with the conduct of 
        the explosion;
          (d) the planned date of the beginning of emplacement 
        of each explosive;
          (e) a topographic chart, marked with geographic 
        coordinates accurate to one minute of latitude and 
        longitude, of the areas circumscribed by circles of 15 
        kilometer radius centered on points on the surface of 
        the earth above the points of emplacement of each 
        explosive, at a scale of 1 : 24,000 or 1 : 25,000 with 
        a contour interval of 10 meters or less. The planned 
        location of each explosive shall be marked on this 
        chart with an accuracy of 50 meters;
          (f) the length of each canister in which an explosive 
        will be contained, hereinafter referred to as an 
        explosive canister;
          (g) the dimensions of any pipe or other device that 
        will be used to emplace each explosive canister;
          (h) the planned cross-sectional dimensions of each 
        emplacement hole within the hydrodynamic measurement 
        zones;
          (i) a description of materials, including their 
        densities, to be used to stem the emplacement hole 
        within each hydrodynamic measurement zone; and
          (j) the location and configuration of any known voids 
        larger in volume than one cubic meter within each 
        hydrodynamic measurement zone.
    7. In the event of receipt by the Party carrying out the 
explosion of notification from the Verifying Party of its 
intent to carry out on-site inspection, the Party carrying out 
the explosion shall provide the Verifying Party, not less than 
60 days prior to the planned date of the beginning of 
emplacement of explosives, with the following information:
          (a) the number of explosives; the planned yield of 
        each explosive; the planned depth of emplacement of 
        each explosive with an accuracy of 10 meters; the 
        planned point of emplacement of each explosive to be 
        used in a group explosion relative to all other 
        explosives in the group with an accuracy of 10 percent 
        of the distance between that explosive and the nearest 
        other explosive, but in no case shall the error be 
        greater than 100 meters; and the planned time intervals 
        between individual explosions in each group explosion 
        with an accuracy of 0.1 second;
          (b) a description of the geological and geophysical 
        characteristics of the site of each explosion that 
        could influence determination of the yield, which shall 
        include: the depth of the water table; a lithologic 
        column above each emplacement point; the position of 
        each emplacement point relative to nearby geological 
        and other features that influenced the design of the 
        project of which the explosion is a part; and the 
        estimated physical parameters of the rock within each 
        hydrodynamic measurement zone, including bulk density, 
        grain density, porosity, and total water content;
          (c) the locations and purposes of facilities and 
        installations that are associated with the conduct of 
        the explosive;
          (d) the planned date of the beginning of emplacement 
        of each explosive;
          (e) a topographic chart, marked with geographic 
        coordinates accurate to one minute of latitude and 
        longitude, of the areas circumscribed by circles of 15 
        kilometer radius centered on points on the surface of 
        the earth above the points of emplacement of each 
        explosive, at a scale of 1 : 24,000 or 1 : 25,000 with 
        a contour interval of 10 meters or less. The planned 
        location of each explosive shall be marked on this 
        chart with an accuracy of 50 meters;
          (f) the planned cross-sectional dimensions of each 
        emplacement hole within the hydrodynamic measurement 
        zones; and
          (g) the location and configuration of any known voids 
        larger in volume than one cubic meter within each 
        hydrodynamic measurement zone.
    8. For each explosion, the Party carrying out the explosion 
shall inform the Verifying Party, no less than two days prior 
to the explosion, of the planned time of detonation of each 
explosive, with an accuracy of 0.1 second. In the event the 
Party carrying the explosion decides to change the detonation 
time, the Verifying Party shall be notified of this change 
immediately after this decision has been taken. No more than 10 
days following the explosion the Verifying Party shall be 
informed of the actual detonation time.
    9. The Party carrying out the explosion shall immediately 
notify the Verifying Party of any change in any information 
provided in accordance with paragraph 3, 6, or 7 of this 
Section. If the Verifying Party has provided notification under 
paragraph 4 of this Section of its decision to use the 
hydrodynamic yield measurement method or to carry out on-site 
inspection, the emplacement of explosives shall not begin less 
than 90 days following notification of any change in any 
information provided in accordance with paragraph 3, 6, or 7 of 
this Section that requires more extensive verification 
procedures than are required on the basis of initial 
information, unless an earlier date for the beginning of 
emplacement of explosives has been agreed upon by the Parties. 
Such changes include:
          (a) change in the location of the explosion by more 
        than one minute of latitude or longitude;
          (b) change in the number of explosives in a group 
        explosion;
          (c) change in the yield of the explosion;
          (d) change in the purpose of the explosion; and
          (e) delay in the planned date of the explosion by 
        more than 90 days.
    10. In using an explosion to decrease the consequences of 
an emergency situation related to an unforeseen set of 
circumstances and requiring immediate action, by virtue of 
which it would be practically impossible to adhere to the 
requirements of paragraph 3 of this Section concerning the time 
period, the following conditions shall be fulfilled:
          (a) the Party making the decision to carry out an 
        explosion for such a purpose shall notify the Verifying 
        Party of this decision immediately after it has been 
        made and shall describe the circumstances and provide 
        the planned yield for such an explosion;
          (b) the planned aggregate yield for such an explosion 
        shall not exceed 100 kilotons and the explosion shall 
        not include more than three individual explosions, 
        unless the Parties otherwise agree;
          (c) the Party carrying out such an explosion shall 
        provide the Verifying Party with the information 
        specified in paragraphs 3 and 6 of this Section, to the 
        extent such information is available, after making the 
        decision on carrying out the explosion, but no less 
        than 60 days prior to the beginning of emplacement of 
        explosives; and
          (d) if, within 15 days following receipt of 
        notification of such an explosion, the Verifying Party 
        has made the decision to carry out verification of that 
        explosion using the hydrodynamic yield measurement 
        method, it shall deliver hydrodynamic yield measurement 
        equipment to the point of entry in the territory of the 
        Party carrying out the explosion no less than 35 days 
        prior to the planned date of the beginning of 
        emplacement of explosives, in accordance with 
        paragraphs 8(b), 8(c), 8(d), 8(e), and 8(f) of Section 
        VIII of this Protocol. This equipment shall be handed 
        over, in the same condition as that in which it was 
        received, to Designated Personnel at the site of the 
        explosion for emplacement, installation, and use no 
        less than 20 days prior to the planned date of the 
        beginning of emplacement of explosives.
    11. The Party carrying out an explosion shall have the 
right to make changes in the schedule of operations related to 
the conduct of the explosion. In the event the Verifying Party 
exercises its rights to use the hydrodynamic yield measurement 
method or to carry out on-site inspection, in accordance with 
Section III of this Protocol, the Party carrying out the 
explosion shall immediately inform the Verifying Party of any 
such change in the schedule of operations. In the event the 
Verifying Party has provided notification, under paragraph 5 of 
this Section, of its decision to use the hydrodynamic yield 
measurement method or to carry out on-site inspection, the 
explosion shall not be carried out more than five days prior to 
the planned date of the explosion indicated in the initial 
notification, unless the Parties otherwise agree.
    12. The Verifying Party may at any time, but no more than 
one year after the explosion, request from the Party carrying 
out the explosion clarification of any point of information 
provided in accordance with this Section. Such clarification 
shall be provided in the shortest possible time, but no more 
than 30 days following receipt of a request.

            SECTION V. HYDRODYNAMIC YIELD MEASUREMENT METHOD

    1. The hydrodynamic measurement zone for each explosive 
means a cylindrical region coaxial with the emplacement hole of 
that explosive. This region extends in the direction of the 
entrance to the emplacement hole intersects a spherical surface 
whose radius, measured from the midpoint of the canister 
containing the explosive, is equal in meters to 10 times the 
cube root of the planned yield in kilotons of that explosive, 
or 25 meters, whichever is greater. The length of this region 
in the opposite direction from the same midpoint of the 
canister is equal in meters to three times the cube root of the 
planned yield in kilotons of that explosive, or 7.5 meters, 
whichever is greater. The radius of this region is equal in 
meters to three times the cube root of the planned yield in 
kilotons of that explosive, or 7.5 meters, whichever is 
greater.
    2. For hydrodynamic yield measurement the following 
procedures shall apply:
          (a) Designated Personnel shall emplace, for each 
        explosive, the equipment specified in paragraph 5(a) of 
        Section VIII of this Protocol in the same emplacement 
        hole as the explosive. The equipment specified in 
        paragraphs 5(a) and 5(b) of Section VIII of this 
        Protocol shall be installed, in accordance with 
        installation instructions provided in accordance with 
        paragraph 8(a)(i) of Section VIII of this Protocol, by 
        Designated Personnel under observation of personnel of 
        the Party carrying out the explosion and with their 
        assistance, if Designated Personnel have requested such 
        assistance. The location of each recording facility and 
        the command and monitoring facility of the Verifying 
        Party shall be determined by agreement of the Parties 
        with respect to each particular explosion. This 
        equipment shall be operated by Designated Personnel;
          (b) for each explosive, the equipment specified in 
        paragraph 5(a) of Section VIII of this Protocol shall 
        be installed so that the end point of the equipment 
        farthest from the emplacement hole entrance is three 
        meters from the surface of the explosive canister 
        closest to the emplacement hole entrance as measured 
        along the axis of the emplacement hold. The location of 
        this equipment relative to the axis of the emplacement 
        hole shall be agreed upon by the Parties. No more than 
        six sensor channels shall be installed for each 
        explosive. Each Party shall make documented records of 
        measured distances to the sensors. These records shall 
        be exchanged by the Parties;
          (c) explosive canisters with a length greater than 10 
        meters or a diameter greater than three meters shall be 
        used only if prior agreement has been reached between 
        the Parties establishing, in each specific case, 
        provisions for their use; and
          (d) the Party carrying out the explosion shall fill 
        all voids other than the explosive canister within the 
        hydrodynamic measurement zone of each explosive in each 
        emplacement hole with stemming material. This stemming 
        material, beginning no more than three meters from each 
        explosive canister cover towards the entrance of the 
        hole, and proceeding in that direction, shall have a 
        bulk density no less than 70 percent of the average 
        density of the surrounding rock. An alternate stemming 
        material may be used for filling the remainder of the 
        hydrodynamic measurement zone of that explosive. For 
        any explosive emplaced in an emplacement hole whose 
        diameter is less than 30 centimeters and emplaced at a 
        distance of more than 1.5 kilometers from the entrance 
        of the hole, an alternate stemming material may be used 
        for filling the entire hydrodynamic measurement zone of 
        that explosive. If more than one explosive is emplaced 
        in a single emplacement hole, the Parties shall agree 
        upon an alternate stemming material for filling the 
        entire hydrodynamic measurement zone of each explosive 
        other than the explosive nearest the entrance of the 
        emplacement hole is the emplacement hole diameter is 
        greater than 30 centimeters but less than 60 
        centimeters. Any alternate stemming material shall have 
        a bulk density no less than 1.2 grams per cubic 
        centimeter. Pipes located within the hydrodynamic 
        measurement zone need not be filled with stemming 
        material if they have a cross-sectional area less than 
        10 square centimeters, or if they have a cross-
        sectional area less than 100 square centimeters and a 
        length less than one meter. Costs incurred by the Party 
        carrying out the explosion to ensure, within the 
        hydrodynamic measurement zone, a density of stemming 
        material no less than 70 percent of the average density 
        of the surrounding rock shall be borne by the Verifying 
        Party.
    3. For a group explosion the Party carrying out the 
explosion shall ensure that the emplacement point of each 
explosive canister, the detonation sequence, and the time 
intervals between individual explosions are such that no 
explosion in the group shall interfere with the hydrodynamic 
yield measurement of any other individual explosion. With the 
exception of group explosions provided for in paragraph 2 of 
Section II of this Protocol, if the technological 
characteristics of the project of which the group explosion is 
a part make it impossible to satisfy this requirement, the 
Parties, prior to the beginning of emplacement of explosives, 
shall agree upon alternative hydrodynamic or other verification 
procedures.
    4. In preparation for the use of the hydrodynamic yield 
measurement method, the Verifying Party shall have the right to 
confirm the validity of the geological and geophysical 
information provided in accordance with Section IV of this 
Protocol, in accordance with the following procedures:
          (a) Designated Personnel may analyze relevant studies 
        and measurement data, including logging data, of the 
        Party carrying out the explosion, the core samples or 
        rock fragments extracted from each emplacement hole 
        within the hydrodynamic measurement zone, as well as 
        any logging data and core samples from existing 
        exploratory holes, which shall be provided to 
        Designated Personnel upon their arrival at the 
        explosion site, if the Party carrying out the explosion 
        carried out relevant studies, measurements, and coring; 
        and
          (b) Designated Personnel shall have the right to 
        observe logging and the extraction of core samples or 
        rock fragments from locations agreed upon by the 
        Parties within the hydrodynamic measurement zone in the 
        emplacement hole or from an exploratory hole at depth 
        intervals agreed upon by the Parties. Any such 
        exploratory hole shall be no farther from the 
        emplacement hole than a distance in meters of 10 times 
        the cube root of the planned yield in kilotons of the 
        emplaced explosive; or
          (c) if the Party carrying out the explosion does not 
        take core samples or rock fragments in accordance with 
        subparagraph (b) of this paragraph or does not drill an 
        exploratory hole meeting the requirements specified in 
        subparagraph (b) or this paragraph, the Verifying Party 
        shall have the right to extract sidewall rock samples 
        from the emplacement hole with its own equipment, to 
        drill such an exploratory hole, and to core this hole. 
        Such operations shall be conducted in the presence of 
        personnel of the Party carrying out the explosion. Such 
        an exploratory hole shall be stemmed by the Party 
        carrying out the explosion, at the expense of the 
        Verifying Party; and
          (d) Designated Personnel shall have the right to 
        examine and remove from the territory of the Party 
        carrying out the explosion logging data, core samples, 
        sidewall rock samples, and rock fragments referred to 
        in subparagraphs (a), (b), and (c) of this paragraph, 
        as selected by Designated Personnel.
    5. While using the hydrodynamic yield measurement method, 
Designated Personnel shall have the right:
          (a) to confirm by direct measurement the validity of 
        the information provided in accordance with paragraphs 
        6(f), 6(g), and 6(h) of Section IV of this Protocol;
          (b) to confirm the validity of the information 
        provided in accordance with paragraph 6(i) of Section 
        IV of this Protocol, and to receive, upon request, a 
        sample of each batch of stemming material as this 
        material is placed in the emplacement hole within the 
        hydrodynamic measurement zone; and
          (c) to confirm the validity of the information 
        provided in accordance with paragraphs 6(b) and 6(j) of 
        Section IV of this Protocol, by observing, upon 
        request, relevant field measurements being made by the 
        Party carrying out the explosion if such measurements 
        are made by the Party carrying out the explosion, and 
        by making field measurements with its own logging 
        equipment, to include determination of the location and 
        configuration of any voids within each hydrodynamic 
        measurement zone or, at the option of the Verifying 
        Party under leasing conditions, with the logging 
        equipment of the Party carrying out the explosion, if 
        the Party carrying out the explosion has such 
        equipment. Such field measurements shall be made in the 
        presence of personnel of both Parties. All of the data 
        produced by either Party, including calibration data, 
        shall be duplicated, and one copy of the data shall be 
        provided to each Party. Calibration data for the 
        equipment shall include information to confirm the 
        sensitivity of the equipment under the conditions in 
        which it is utilized for this explosion.
    6. Designated Personnel shall have the right:
          (a) to have access to the site of the explosion and 
        to facilities and structures related to the conduct of 
        the explosion, along agreed routes;
          (b) to observe the emplacement of each explosive 
        canister, to confirm, by direct measurement, the depth 
        of emplacement of each explosive canister and, for 
        explosives in a group, the relative location of their 
        points of emplacement, and to observe the stemming of 
        each emplacement hole;
          (c) to have access to their equipment associated with 
        the use of the hydrodynamic yield measurement method 
        from commencement of its use by Designated Personnel at 
        the explosion site until the departure of all personnel 
        from the explosion area prior to the explosion;
          (d) to unimpeded visual observation of the entrance 
        area to each emplacement hole at any time from the 
        moment of emplacement of each explosive until the 
        departure of all personnel from the explosion area 
        prior to the explosion;
          (e) to observe remotely by means of closed-circuit 
        television equipment their hydrodynamic yield 
        measurement equipment specified in paragraphs 5(b) and 
        5(c) of Section VIII of this Protocol;
          (f) to observe the explosion; and
          (g) to monitor electrically the integrity and 
        performance of their equipment in each recording 
        facility from the command and monitoring facility, to 
        transmit the hydrodynamic yield measurement data from 
        each recording facility to the command and monitoring 
        facility, and to transmit the commands required for 
        operation of each recording facility from the command 
        and monitoring facility to each recording facility.
    7. The Party carrying out the explosion shall produce, at 
the request of the Verifying Party, a timing reference command 
signal to each recording facility at two minutes, plus or minus 
100 milliseconds, before the moment of the explosion, or before 
the first explosion in a group, and a zero-time reference 
signal to each corresponding recording facility for each 
explosion, with an accuracy of plus or minus one microsecond. 
The parameters for these signals, produced by the Party 
carrying out the explosion, and procedures for their 
transmission and reception shall be agreed upon by the Parties. 
At the Verifying Party's option, it shall have the right to 
generate a timing reference signal for each explosion, using 
the electromagnetic pulse from its hydrodynamic measurement 
cables. These timing reference signals shall be transmitted, 
used, and recorded by the Verifying Party with out intervention 
by the Party carrying out the explosion.
    8. Designated Personnel shall have the right to acquire 
photographs taken by the Party carrying out the explosion, with 
photographic cameras provided by the Verifying Party, under the 
following conditions:
          (a) the Party carrying out the explosion shall 
        identify those of its personnel who will take 
        photographs;
          (b) photographs shall be taken as requested by, and 
        in the presence of, Designated Personnel. If requested 
        by Designated Personnel, such photographs shall show 
        the size of an object by placing a measuring scale, 
        provided by the Verifying Party, alongside that object 
        during the photographing;
          (c) Designated Personnel shall determine whether 
        photographs conform to those requested and, if not, 
        repeat photographs shall be taken; and
          (d) before completion if any photographed operation 
        related to emplacement, and prior to the time at which 
        an object being photographed becomes permanently hidden 
        from view, Designated Personnel shall determine whether 
        requested photographs are adequate. If they are not 
        adequate, before the operation shall proceed, 
        additional photographs shall be taken until the 
        Designated Personnel determine that the photographs of 
        that operation are adequate. This photographic process 
        shall be carried out as expeditiously as possible, and 
        in no case shall the hours for each emplacement 
        operation, unless the Parties otherwise agree.
    9. Designated Personnel shall have the right to obtain 
photographs of the following:
          (a) the exterior of installations and structures 
        associated with the conduct of the explosion;
          (b) the emplacement of each explosive canister and 
        stemming of each emplacement hole as specified in 
        paragraph 6(b) of this Section;
          (c) geological samples used for confirming the 
        validity of geological and geophysical information as 
        provided for in paragraph 4 of this Section, and 
        equipment used in obtaining such samples;
          (d) emplacement and installation of hydrodynamic 
        yield measurement method equipment and cables 
        associated with it;
          (e) containers, facilities and structures for storing 
        and operating the equipment used by Designated 
        Personnel; and
          (f) with the agreement of the Party carrying out the 
        explosion, other activities of Designated Personnel 
        directly related to the use of the hydrodynamic yield 
        measurement method.
    10. Equipment identified by the Party carrying out the 
explosion, in accordance with paragraph 8(h) of Section VIII of 
this Protocol, as unacceptable for use at the time of the 
explosion shall be sealed by both Parties and placed in the 
custody of the Party carrying out the explosion at a time 
agreed upon by the Party carrying out the explosion and by 
Designated Personnel.
    11. Two individuals from the Party carrying out the 
explosion shall have the right to join Designated Personnel in 
the command and monitoring facility at the time of the 
explosion, to observe command and monitoring of the recording 
equipment and acquisition and duplication of data transmitted 
from each recording facility, and to receive a copy of the 
data. Designated Personnel, in the presence of personnel of the 
Party carrying out the explosion, shall recover all recordings 
of data taken at the time of the explosion and prepare two 
identical copies of such data. Personnel of the Party carrying 
out the explosion shall select one of the two identical copies 
by lot, and Designated Personnel shall retain the other copy. 
Designated Personnel shall retain no other such data, and shall 
have no further access to their recording facilities, their 
command and monitoring facility, and their equipment until 
these are returned to the Verifying Party, in accordance with 
paragraph 11 of Section VIII of this Protocol, unless the 
Parties otherwise agree, in which case access of the Designated 
Personnel to their recording facilities, their command and 
monitoring facility, and their equipment shall be under the 
observation of personnel of the Party carrying out the 
explosion. Designated Personnel shall provide the Party 
carrying out the explosion with information on sensor location 
in relation to the explosive canister. With respect to digital 
recording of signals, the Verifying Party shall provide a 
description of the recording format and a sample of the 
computer program for reading digital data. The program shall be 
provided by Designated Personnel upon their arrival at the 
point of entry.
    12. Designated Personnel shall not be present in areas from 
which all personnel of the Party carrying out the explosion 
have been withdrawn in connection with carrying out an 
explosion, but shall have the right to reenter those areas at 
the same time as personnel of the Party carrying out the 
explosion.

                   SECTION VI. LOCAL SEISMIC NETWORK

    1. For any group explosion that the Party carrying out the 
explosion has notified to have a planned aggregate yield 
exceeding 150 kilotons, and with respect to which the Verifying 
Party has notified its intention to measure the yield of the 
explosion using the hydrodynamic yield measurement method, 
Designated Personnel, in addition to using the hydrodynamic 
yield measurement method, shall have the right to install and 
use, under the observation and with the assistance of personnel 
of the Party carrying out the explosion if Designated Personnel 
request such assistance, a local seismic network.
    2. Such a network shall be installed and used at locations 
agreed upon by the Parties within an area circumscribed by 
circles of 15 kilometer radius centered on points on the 
surface of the earth above the points of emplacement of the 
explosives. The number of stations of the network shall be 
determined by the Verifying Party, but shall not exceed the 
number of explosives in the group plus eight.
    3. The control point of the local seismic network shall be 
installed at a location that the Parties agree is outside the 
areas specified in paragraph 12 of Section V of this Protocol 
and within the area specified in paragraph 2 of this Section, 
unless the Parties otherwise agree. Designated Personnel shall 
have the right to have access to their equipment in the control 
point at any time from commencement of installation of the 
local seismic network until five days following the explosion, 
subject to the provisions of paragraph 12 of Section V, if 
applicable, and paragraph 10(e) of Section VIII of this 
Protocol.
    4. Installation of a local seismic network may commence 20 
days prior to the planned date of the explosion, and its 
operation shall continue no more than three days following the 
explosion, unless the Parties otherwise agree.
    5. Designated Personnel shall have the right to use radio 
communication for the transmission and reception of data and 
control signals between seismic stations and the control point 
of the local seismic network. Frequencies and maximum power 
output of radio transmitters, frequency range and sensitivity 
of radio receivers, orientation of transmitting and receiving 
antennas, and period of operation of the local seismic network 
radio transmitters and radio receivers prior to the explosion 
shall be agreed upon by the Parties. Operation of the radio 
equipment following the explosion shall continue for no more 
than three days, unless the Parties otherwise agree.
    6. Designated Personnel shall have access along agreed 
routes to the stations and the control point of the local 
seismic network for the purpose of carrying out activities 
related to the installation and use of the local seismic 
network.
    7. In installing and using a local seismic network, 
Designated Personnel shall have the right to use and retain the 
topographic chart provided in accordance with paragraph 6(e) of 
Section IV of this Protocol.
    8. Designated Personnel shall have the right to obtain 
photographs associated with the local seismic network, which 
shall be taken by the Party carrying out the explosion at the 
request of Designated Personnel in accordance with applicable 
provisions of paragraph 8 of Section V of this Protocol.
    9. Within five days following the explosion, Designated 
Personnel shall provide the Party carrying out the explosion 
with the original and one copy of the data from the local 
seismic network stations recorded on the primary medium, 
graphic representation of recording materials on a paper 
medium, and the results of calibration of seismic channels. 
Upon receipt of these materials the Party carrying out the 
explosion, in the presence of Designated Personnel, shall 
select and retain either the copy or the original of each 
recording, graphic representation, and results of calibration 
of the seismic channels. The set of data not selected by the 
Party carrying out the explosion shall be retained by 
Designated Personnel. For digital recording of seismic signals, 
the Verifying Party shall provide the description of the 
recording format and a sample of the computer program for 
reading digital data. Designated Personnel shall provide the 
program sample upon arrival at the point of entry. Seismic 
recordings provided to the Party carrying out the explosion 
shall cover a time period beginning no less than 30 seconds 
prior to the time of arrival of the first explosion-generated 
P-wave at any station of the local seismic network and ending 
no more than three days after the explosion, unless the Parties 
otherwise agree. All seismic recordings shall include a common 
time reference agreed upon by the Parties.

                    SECTION VII. ON-SITE INSPECTION

    1. In carrying out on-site inspection, the Verifying Party 
shall have the right to confirm the validity of the geological 
and geophysical information provided in accordance with 
paragraphs 3 and 7 of Section IV of this Protocol in accordance 
with the following procedures:
          (a) Designated Personnel may analyze relevant studies 
        and measurement data, including logging data, of the 
        Party carrying out the explosion, the core samples of 
        rock fragments extracted from each emplacement hole 
        from the bottom of the hole to a distance above the 
        point of emplacement in meters equal to 40 times the 
        cube root of the planned yield in kilotons of the 
        emplaced explosive, as well as any logging data and 
        core samples from existing exploratory holes, which 
        shall be provided to Designated Personnel upon their 
        arrival at the explosion site, if the Party carrying 
        out the explosion carried out relevant studies, 
        measurements, and coring;
          (b) Designated Personnel shall have the right to 
        observe logging and the extraction of core samples or 
        rock fragments from locations agreed upon by the 
        Parties within the portion of the emplacement hole 
        specified in subparagraph (a) of this paragraph or from 
        an exploratory hole, provided that it is located no 
        farther from the emplacement hole than a distance in 
        meters equal to 10 times the cube root of the planned 
        yield in kilotons of the emplaced explosive at depth 
        intervals agreed upon by the Parties if such operations 
        are carried out by the Party carrying out the 
        explosion;
          (c) Designated Personnel shall have the right to use 
        their own equipment for logging the emplacement hole 
        and extracting sidewall rock samples within the portion 
        of the emplacement hole identified in subparagraph (a) 
        of this paragraph. Such operations shall be conducted 
        in the presence of personnel of the Party carrying out 
        the explosion; and
          (d) all logging data produced by either Party, 
        including calibration data, shall be duplicated, and 
        one copy of the data shall be provided to each Party. 
        Calibration data shall include information needed to 
        confirm the sensitivity of the equipment under the 
        conditions in which it is used. Designated Personnel 
        shall have the right to examine and remove from the 
        territory of the Party carrying out the explosion core 
        samples, sidewall rock samples, and rock fragments 
        specified in subparagraphs (a), (b), and (c) of this 
        paragraph, as selected by Designated Personnel.
    2. In carrying out on-site inspection, Designated Personnel 
shall have the right:
          (a) to confirm by direct measurement the validity of 
        the information provided in accordance with paragraph 
        7(f) of Section IV of this Protocol;
          (b) to confirm the validity of the information 
        provided in accordance with paragraph 7(g) of Section 
        IV of this Protocol, by observing relevant measurements 
        being made, and by having access to the data obtained 
        if such measurements are conducted by the Party 
        carrying out the explosion, and by making measurements 
        with their own equipment to determine the location and 
        configuration of any voids within each hydrodynamic 
        measurement zone;
          (c) to have access to the site of the explosion and 
        to facilities and structures related to the conduct of 
        the explosion, along agreed routes;
          (d) to observe the emplacement of each explosive 
        canister, to confirm the depth of its emplacement and 
        the relative location of explosives in a group, and to 
        observe the stemming of each emplacement hole;
          (e) to have access to their equipment associated with 
        carrying out on-site inspection from commencement of 
        its use by Designated Personnel at the explosion site 
        until the departure of all personnel from the explosion 
        area prior to the explosion;
          (f) to unimpeded visual observation of the entrance 
        area to each emplacement hole at any time from the 
        moment of emplacement of each explosive until the 
        departure of all personnel from the explosion area 
        prior to the explosion; and
          (g) to observe the explosion.
    3. Designated Personnel shall have the right to obtain 
photographs associated with carrying on-site inspection, which 
shall be taken by the Party carrying out the explosion at the 
request of Designated Personnel, in accordance with paragraphs 
8 and 9 of Section V of this Protocol.

                        SECTION VIII. EQUIPMENT

    1. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Party carrying out 
the explosion, install, and use the following equipment:
          (a) if the Verifying Party has provided notification 
        of its intent to use the hydrodynamic yield measurement 
        method, part or all of the equipment specified in 
        paragraph 5 of this Section;
          (b) if the Verifying Party has provided notification 
        of its intent to use a local seismic network, part or 
        all of the equipment specified in paragraph 6 of this 
        Section;
          (c) if the Verifying Party has provided notification 
        of its intent to carry out on-site inspection, part or 
        all of the equipment specified in paragraph 7 of this 
        Section;
          (d) geologist's field tools and kits, geodetic 
        equipment topographic survey equipment, equipment for 
        recording of field data, and equipment for rapid photo 
        processing;
          (e) portable short-range communication equipment, 
        whose power and frequency shall conform to restrictions 
        established by the Party carrying out the explosion;
          (f) mobile work stations and temporary facilities;
          (g) medical and health physics equipment and 
        supplies, personal protective gear, personal computers, 
        recreational and other items as may be agreed by the 
        Parties; and
          (h) satellite communications equipment, if the Party 
        carrying out the explosion does not provide satellite 
        communications for Designated Personnel.
    2. At the choice of the Party carrying out the explosion, 
closed-circuit television equipment shall be provided by the 
Verifying Party or the Party carrying out the explosion, for 
the purpose of remote observation by the Verifying Party, in 
accordance with paragraph 6(e) of Section V of this Protocol.
    3. Designated Personnel, in carrying out activities related 
to verification in accordance with this Protocol, shall have 
the right to bring into the territory of the Party carrying out 
the explosion, for use by the personnel of the Party carrying 
out the explosion in accordance with paragraph 8 of section V 
of this Protocol, photographic cameras, film, and related 
photographic equipment.
    4. No less than 120 days prior to the planned date of the 
beginning of emplacement of explosives, the Parties shall agree 
upon the list of such additional equipment as may be requested 
by the Verifying Party, and which shall be supplied by the 
Party carrying out the explosion for use by Designated 
Personnel. Such additional equipment with its description and 
operating instructions shall be provided to Designated 
Personnel upon arrival at the site of the explosion.
    5. The complete list of equipment for hydrodynamic yield 
measurement shall include:
          (a) sensing elements and associated cables for use in 
        the emplacement hole;
          (b) the recording facility or facilities, including 
        equipment for sending and recording commands, equipment 
        for generation of a timing reference signal from 
        hydrodynamic measurement cables, and equipment for data 
        acquisition, recording and processing, and, with 
        respect to a group explosion in which any individual 
        explosion in the group is separated from any other 
        explosion by more than two kilometers, radio equipment 
        for monitoring the operational status of the equipment 
        and for transmitting and receiving control signals. 
        Frequencies and maximum power output of radio 
        transmitters, frequency range and sensitivity of radio 
        receivers, and orientation of transmitting and 
        receiving antennas shall be agreed upon by the Parties. 
        Operation of the radio equipment shall begin at the 
        time of the beginning of emplacement of sensing 
        elements and associated cables and shall end at the 
        time of the explosion. Designated Personnel shall 
        notify the Party carrying out the explosion in advance 
        of any activation or deactivation of the radio 
        equipment;
          (c) cables for above-ground transmission of 
        electrical power, control signals and data;
          (d) electrical power supplies;
          (e) measuring and calibration instruments, support 
        equipment, maintenance equipment, and spare parts 
        necessary for ensuring the functioning of sensing 
        elements, cables and equipment of the recording 
        facilities and the command and monitoring facility;
          (f) logging and sidewall rock sampling equipment 
        necessary for confirming geological and geophysical 
        characteristics of the emplacement hole as well as for 
        obtaining data on the spatial location of points of 
        emplacement of each explosive canister;
          (g) coring equipment and drilling equipment for the 
        drilling of an exploratory hole for coring purposes. 
        Upon agreement between the Parties, the Verifying 
        Party, under leasing conditions, may use for these 
        purposes the coring and drilling equipment of the Party 
        carrying out the explosion; and
          (h) the command and monitoring facility, with 
        equipment, including computers, for generating and 
        recording command and monitoring signals, for 
        transmitting and receiving command and monitoring 
        signals between each recording facility and the command 
        and monitoring facility, as well as for retrieving, 
        storing, and processing hydrodynamic data.
    6. The complete list of equipment for a local seismic 
network shall include:
          (a) seismic stations, each of which contains seismic 
        instruments, and electrical power supply and associated 
        cables, and radio equipment for receiving and 
        transmitting control signals and data;
          (b) equipment for the control point, including 
        electrical power supplies, equipment for sending and 
        recording control signals and data, and data processing 
        equipment; and
          (c) measuring and calibration instruments, support 
        equipment, maintenance equipment, and spare parts 
        necessary for ensuring the functioning of the complete 
        network.
    7. The complete list of equipment for on-site inspection 
shall include logging and sidewall rock sampling equipment 
necessary for confirming geological and geophysical 
characteristics of the emplacement hole as well as for 
obtaining data on the spatial location of points of emplacement 
of each explosive canister.
    8. The following procedures shall be followed with respect 
to the equipment for hydrodynamic yield measurement, the 
equipment for on-site inspection, and the equipment for a local 
seismic network:
          (a) no less than 140 days prior to the planned date 
        of the beginning of emplacement of explosives, the 
        Verifying Party, if it has declared its intention to 
        use the hydrodynamic yield measurement method, shall 
        provide the Party carrying out the explosion with the 
        equipment and information specified in subparagraph 
        (a)(i) of this paragraph and, if the Verifying Party 
        has declared its intention to use local seismic 
        network, the equipment and information specified in 
        subparagraph (a)(ii) of this paragraph; or, if it has 
        declared is intention to conduct on-site inspection, 
        equipment and information specified in subparagraph 
        (a)(iii) of this paragraph, in order to enable the 
        Party carrying out the explosion to familiarize itself 
        with such equipment, if such equipment and information 
        have not previously been provided. If, upon completion 
        of familiarization with the equipment provided in 
        accordance with this subparagraph, the Party carrying 
        out the explosion concludes that use of any element of 
        the equipment provided would be inconsistent with its 
        containment or security requirements, the Party 
        carrying out the explosion shall promptly, but no less 
        than 120 days prior to the planned date of the 
        beginning of emplacement of explosives, so inform the 
        Verifying Party, and shall specify the modifications 
        that must be made in this equipment to satisfy the 
        requirements of the Party carrying out the explosion. 
        The equipment provided in accordance with this 
        subparagraph shall be returned in the same condition as 
        that in which it was received to the Verifying Party at 
        the Point of entry no less than 90 days prior to the 
        planned date of the beginning of emplacement of 
        explosives. The following equipment and information 
        shall be provided:
                  (i) one set of equipment specified in 
                paragraphs 5(a), 5(b), 5(c), 5(d), 5(e), 5(f) 
                and 5(h) of this Section, as well as electrical 
                and mechanical design information, 
                specifications, and installation and operating 
                instructions for this equipment;
                  (ii) one set of equipment specified in 
                paragraph 6 of this Section, including one 
                seismic station, as well as electrical and 
                mechanical design information, specifications, 
                and installation and operating instructions for 
                this equipment; and
                   (iii) one set of equipment specified in 
                paragraph 7 of the Section, as well as 
                electrical and mechanical design information, 
                specifications, and operating instructions for 
                this equipment;
          (b) no less than 50 days prior to the planned date of 
        the beginning of emplacement of explosives, the 
        Verifying Party shall deliver in sealed containers, to 
        the point of entry in the territory of the Party 
        carrying out the explosion, two identical sets of each 
        type of equipment that it intends to use for activities 
        related to verification for that explosion, with a 
        complete inventory of equipment, specifying any 
        components that do not perform functions directly 
        related to measurements during the explosion. These 
        sets of equipment shall have the same components and 
        technical characteristics as the equipment specified in 
        subparagraph (a) of this paragraph, or, if specified by 
        the Party carrying out the explosion in accordance with 
        subparagraph (a) of this paragraph, shall contain 
        modifications made in accordance with the requirements 
        of the Party carrying out the explosion with regard to 
        containment and security. Each of the two identical 
        sets shall include the following:
                  (i) if the Verifying Party has provided 
                notification of its intent to use the 
                hydrodynamic yield measurement method, 
                equipment specified in paragraphs 5(a), 5(b), 
                and 5(h) of this Section; and
                  (ii) if the Verifying Party has provided 
                notification of its intent to use a local 
                seismic network, equipment specified in 
                paragraphs 6(a) and 6(b) of this Section;
          (c) the Party carrying out the explosion shall choose 
        one of the two identical sets of each type of equipment 
        for use by Designated Personnel;
          (d) at the point of entry the Party carrying out the 
        explosion shall affix its own seals to the sealed 
        containers in which the equipment chosen for use 
        arrived, shall ensure protection of this equipment 
        throughout the entire period it is in the territory of 
        the Party carrying out the explosion, and shall 
        transport that equipment to the site of the explosion. 
        Prior to shipment to the site of the explosion, the set 
        of equipment chosen for use shall be kept sealed at the 
        point of entry, and the time of its shipment to the 
        site of the explosion shall be determined by the Party 
        carrying out the explosion. The Party carrying out the 
        explosion shall consult with Designated Personnel 
        regarding plans and schedule of shipment of the 
        equipment no less than 48 hours in advance of the 
        shipment. Designated Personnel shall have the right to 
        unimpeded verification of the integrity of their seals, 
        to observe their equipment. This equipment shall be 
        handed over to Designated Personnel at the site of the 
        explosion for emplacement, installation, and use no 
        less than 20 days prior to the planned date of the 
        beginning of emplacement of explosives, and it shall 
        thereafter remain under the control of Designated 
        Personnel; seals affixed to the equipment specified in 
        paragraph 5(a) of this Section shall not be removed 
        prior to preparation for installation of such 
        equipment, at which time the seals shall be removed by 
        Designated Personnel in the presence of personnel of 
        the Party carrying out the explosion, and personnel of 
        the Party carrying out the explosion thereafter shall 
        have the right to observe all activities relating to 
        the installation of such equipment;
          (e) seals of the Verifying Party shall be removed 
        from equipment not chosen for use, in the presence of 
        personnel of both Parties, and thereafter this 
        equipment shall be retained for inspection by the Party 
        carrying out the explosion without the presence of 
        Designated Personnel for a period ending no more than 
        30 days following the explosion, at which time such 
        equipment shall be returned in the same condition as 
        that in which it was received to the Verifying Party at 
        the point of entry;
          (f) no less than 50 days prior to the planned date of 
        the beginning of emplacement of explosives, the 
        Verifying Party shall provide, at its option, either 
        one or two sets of the equipment that the Verifying 
        Party intends to use for activities related to 
        verification for this explosion, other than equipment 
        specified in paragraph 8(b) of this Section. A complete 
        inventory of such equipment, specifying any components 
        that do not perform functions directly related to 
        measurements during the explosion, shall be provided to 
        the Party carrying out the explosion at least one week 
        prior to the planned arrival of the equipment at the 
        point of entry. If only one set of equipment is 
        provided by the Verifying Party, the Party carrying out 
        the explosion shall have the right to inspect this 
        equipment upon its arrival at the point of entry for up 
        to 30 days, without the presence of Designated 
        Personnel. Upon conclusion of the inspection, the Party 
        carrying out the explosion shall identify any equipment 
        that it deems unacceptable for delivery to the site of 
        the explosion, in which case equipment shall be removed 
        by the Verifying Party and returned to its territory. 
        All equipment deemed acceptable for delivery to the 
        site of the explosion shall be shipped to the site of 
        the explosion so as to enable Designated Personnel to 
        carry out their activities related to verification as 
        set forth in the coordinated schedule specified in 
        paragraph 6 of Section XI of this Protocol, but in no 
        case less than 20 days prior to the beginning of 
        emplacement of explosives. The Party carrying out the 
        explosion shall transport this equipment in such a 
        manner as to ensure that it is delivered to Designated 
        Personnel in the same condition as that in which it was 
        received. If two sets of equipment are provided by the 
        Verifying Party, the procedures specified in paragraphs 
        8(b), 8(c), 8(d), and 8(e) of this Section for 
        selection and inspection of equipment shall be 
        followed. If the Verifying Party under leasing 
        conditions uses coring and drilling equipment of the 
        Party carrying out the explosion, such equipment shall 
        be provided to Designated Personnel at the site of the 
        explosion so as to enable Designated Personnel to carry 
        out their activities related to verification as set 
        forth in the coordinated schedule referred to in 
        paragraph 6 of Section XI of this Protocol, but in no 
        case less than 20 days prior to the beginning of 
        emplacement of explosives, unless the Parties otherwise 
        agree;
          (g) with respect to the equipment specified in 
        paragraphs 5(a) and 5(c) of this Section, the Party 
        carrying out the explosion shall have the right to 
        retain for its own purposes up to 150 meters of each 
        type of cable in the set being inspected. The cable 
        segments to be retained may be taken from any place 
        along the length of the cable, but the number of 
        individual segments shall not exceed the number of 
        reels of cable in a set of equipment; and
          (h) after inspecting the equipment in accordance with 
        paragraphs 8(e) and 8(f) of this Section, the Party 
        carrying out the explosion shall inform Designated 
        Personnel what equipment of that delivered to the site 
        of the explosion it deems unacceptable for use during 
        the explosion.
    9. Prior to the beginning of emplacement of explosives, 
Designated Personnel shall certify in writing to the personnel 
of the Party carrying out the explosion that the equipment 
delivered to the site of the explosion is in working condition.
    10. Personnel of the Party carrying out the explosion shall 
have the right to observe use of equipment by Designated 
Personnel at the site of the explosion, with access to the 
recording facilities, the command and monitoring facility, the 
control point, and seismic stations of the local seismic 
network of the Verifying Party being subject to the following:
          (a) at any time prior to the explosion that 
        Designated Personnel are not present in the recording 
        facilities, in the command and monitoring facility, in 
        the control point, or at the seismic stations, these 
        facilities, control point, and stations shall be sealed 
        by the seals of both Parties. Seals may be removed by 
        Designated Personnel only in the presence of personnel 
        of the Party carrying out the explosion;
          (b) prior to the explosion, personnel of the Party 
        carrying out the explosion may enter the recording 
        facilities, the command and monitoring facility, or the 
        control point of the Verifying Party for the purpose of 
        conducting operations that require the participation of 
        both Parties only with the agreement of the Designated 
        Personnel Team Leader and when accompanied by 
        Designated Personnel Team Leader or his designated 
        representative;
          (c) at all other times prior to the explosion, 
        personnel of the Party carrying out the explosion may 
        enter the recording facilities, the command and 
        monitoring facility, or the control point of the 
        Verifying Party only at the express invitation of the 
        Designated Personnel Team Leader or his designated 
        representative;
          (d) following the explosion, Designated Personnel 
        shall have the right to enter the recording facilities 
        for data recovery only when accompanied by personnel of 
        the Party carrying out the explosion. No later than the 
        final dry run, Designated Personnel shall inform the 
        Party carrying out the explosion of procedures for 
        recovering such data shall advise the Party carrying 
        out the explosion at the time of data recovery of any 
        changes the Designated Personnel make in both those 
        procedures and the reasons for such changes. Personnel 
        of the Party carrying out the explosion shall observe 
        the process of data recovery from instrumentation in 
        the recording facilities and the command and monitoring 
        facility, and shall leave the recording and the command 
        and monitoring facility at the same time as Designated 
        Personnel; and
          (e) at any time following the explosion, personnel of 
        the Party carrying out the explosion shall have the 
        right to observe the activities of Designated Personnel 
        in the control point. Personnel of the Party carrying 
        out the explosion shall be present in the control point 
        to observe recovery of the initial data, which shall 
        take place within one hour following the explosion. At 
        any time following the explosion that Designated 
        Personnel are not present in the control point, the 
        control point shall be sealed with the seals of both 
        Parties. The seals may be removed by Designated 
        Personnel only in the presence of personnel of the 
        Party carrying out the explosion. Within five days 
        following the explosion, Designated Personnel shall 
        leave the control point at the same time as personnel 
        of the Party carrying out the explosion.
    11. Following data recovery, the equipment used for 
activities related to verification in accordance with this 
Protocol may be retained by the Party carrying out the 
explosion and be subject to its exclusive control for a period 
ending no more than 30 days following data recovery, at which 
time this equipment shall be returned, in the same condition as 
that in which it was received, to the Verifying Party at the 
point of entry. Elimination of information stored in memories 
shall not be deemed damage to the equipment.

        SECTION IX. DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. No later than 10 days following entry into force of the 
Treaty, each Party shall provide the other Party with a list of 
its proposed Designated Personnel who will carry out the 
activities related to verification in accordance with this 
Protocol and a list of its proposed Transport Personnel who 
will provide transportation for these Designated Personnel, 
their baggage, and equipment of the Verifying Party. These 
lists shall contain name, date of birth, and sex of each 
individual of its proposed Designated Personnel and Transport 
Personnel. The list of Designated Personnel shall at no time 
include more than 200 individuals, and the list of Transport 
Personnel shall at no time include more than 200 individuals.
    2. Each Party shall review the list of Designated Personnel 
and the list of Transport Personnel proposed by the other 
Party. If the Party reviewing a list determines that an 
individual included thereon is acceptable to it, it shall so 
inform the Party providing the list within 20 days following 
receipt of the list, and such an individual shall be deemed 
accepted. If the Party reviewing a list determines that an 
individual included thereon is not acceptable to it, it shall 
so inform the Party providing the list of its objection within 
20 days following receipt of the list, and such an individual 
shall be deemed not accepted and shall be deleted from the 
list.
    3. Each Party may propose the addition or substitution of 
individuals on its list of Designated Personnel or its list of 
Transport Personnel at any time, who shall be designated in the 
same manner as is provided for in paragraph 2 of this Section 
with regard to the initial lists. Annually, no more than 40 
individuals from the list of Designated Personnel shall be 
subject to substitution. This limitation shall not apply to the 
replacement of individuals due to permanent physical incapacity 
or death, or to deletion of an individual from the list of 
Designated Personnel in accordance with paragraph 5 of this 
Section. Replacement of an individual due to permanent physical 
incapacity, death or deletion from the list shall be 
accomplished in the same manner as is provided for in paragraph 
2 of this Section.
    4. Following receipt of the initial list of Designated 
Personnel or the initial list of Transport Personnel or of 
subsequent changes thereto, the Party receiving such 
information shall prepare for the issuance of such visas and 
other documents as may be required to ensure that each 
individual on the list of Designated Personnel or the list of 
Transport Personnel to whom it has agreed may enter and remain 
in its territory for the purpose of carrying out activities 
related to verification in accordance with this Protocol. Such 
visas and documents shall be provided by the Party carrying out 
the explosion only to the individuals whose names are included 
on the lists provided by the Verifying Party, in accordance 
with paragraph 3 of Section X of this Protocol, upon receipt of 
such lists. Such visas and documents shall be valid for 
multiple entry throughout the period of preparation and conduct 
of the particular explosion.
    5. If a Party determines that an individual included on the 
list of Designated Personnel or the list of Transport Personnel 
of the other Party has violated the provisions of this Protocol 
or has ever committed a criminal offense in its territory, or 
has ever been sentenced for committing a criminal offense, or 
has ever been expelled from its territory, the Party making 
such a determination shall so notify the other Party of its 
objection to the continued inclusion of this individual on the 
list. If at that time this individual is present in the 
territory of the Party raising the objection, the other Party 
shall immediately recall this individual from the territory of 
the Party raising this objection and immediately thereafter 
delete that individual from the list of Designated Personnel or 
from the list of Transport Personnel.
    6. Designated Personnel with their personal baggage and 
equipment of the Verifying Party shall be permitted to enter 
the territory of the Party carrying out the explosion at the 
designated point of entry, to remain in that territory and to 
exit through the designated point of entry.
    7. Designated Personnel and Transport Personnel shall be 
accorded the following privileges and immunities for the entire 
period they are in the territory of the Party carrying out the 
explosion and thereafter with respect to acts previously 
performed in the exercise of their official functions as 
Designated Personnel or Transport Personnel:
          (a) Designated Personnel and Transport Personnel 
        shall be accorded the inviolability enjoyed by 
        diplomatic agents pursuant to Article 29 of the Vienna 
        Convention on Diplomatic Relations of April 18, 1961;
          (b) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out activities in accordance with this Protocol shall 
        be accorded the inviolability and protection accorded 
        the quarters of missions and diplomatic agents pursuant 
        to Articles 22 and 30 of the Vienna Convention on 
        Diplomatic Relations;
          (c) archives, documents, papers and correspondence of 
        Designated Personnel and Transport Personnel shall 
        enjoy the inviolability accorded the archives, 
        documents, papers and correspondence of missions and 
        diplomatic agents pursuant to Articles 24 and 30 of the 
        Vienna Convention on Diplomatic Relations. In addition, 
        the aircraft or other transport vehicles of the 
        Verifying Party shall be inviolable;
          (d) Designated Personnel and Transport Personnel 
        shall be accorded the immunities accorded diplomatic 
        agents pursuant to paragraphs 1, 2, and 3 of Article 31 
        of the Vienna Convention on Diplomatic Relations. 
        Immunity from jurisdiction of Designated Personnel or 
        Transport Personnel may be waived by the Verifying 
        Party in those cases in which it is of the opinion that 
        immunity would impede the course of justice and it can 
        be waived without prejudice to the implementation of 
        the provisions of this Protocol. Waiver must always be 
        express;
          (e) Designated Personnel and Transport Personnel 
        carrying out their activities in accordance with this 
        Protocol shall be accorded the exemption from dues and 
        taxes accorded diplomatic agents pursuant to Article 34 
        of the Vienna Convention on Diplomatic Relations;
          (f) living and working quarters occupied by 
        Designated Personnel and Transport Personnel carrying 
        out their activities in accordance with this Protocol 
        shall be accorded the exemption from dues and taxes 
        accorded mission premises pursuant to Article 23 of the 
        Vienna Convention on Diplomatic Relations; and
          (g) Designated Personnel and Transport Personnel 
        shall be permitted to bring into the territory of the 
        Party carrying out the explosion, without payment of 
        any customs duties or related charges, articles for 
        their personal use, with the exception of articles the 
        import or export of which is prohibited by law or 
        controlled by quarantine regulations.
    8. Designated Personnel and Transport Personnel shall not 
engage in any professional or commercial activity for personal 
profit in the territory of the Party carrying out the 
explosion.
    9. Without prejudice to their privileges and immunities, 
Designated Personnel and Transport Personnel shall be obliged 
to carry out the explosion and shall be obliged not to 
interfere in the internal affairs of that Party.
    10. If the Party carrying out the explosion considers that 
there has been an abuse of privileges and immunities specified 
in paragraph 7 of this Section, consultations shall be held 
between the Parties to determine whether such an abuse has 
occurred and, if so determined, to prevent a repetition of such 
an abuse.

 SECTION X. ENTRY, TRANSPORT, FOOD, LODGING AND PROVISION OF SERVICES 
            FOR DESIGNATED PERSONNEL AND TRANSPORT PERSONNEL

    1. The Party carrying out the explosion shall ensure 
Designated Personnel and Transport Personnel access to its 
territory for the purposes of carrying out activities related 
to verification, in accordance with this Protocol, and shall 
provide these personnel with such other assistance as may be 
necessary to enable them to carry out these activities. 
Following notification by the Verifying Party of its intention 
to conduct hydrodynamic yield measurement or to carry out on-
site inspection, Designated Personnel shall have the right to 
be present at the site of the explosion to carry out activities 
in accordance with this Protocol at such times and for such 
periods as required to carry out these activities. The specific 
times and periods for carrying out such activities shall be 
specified in the coordinated schedule specified in paragraph 6 
of Section XI of this Protocol.
    2. The number of Designated Personnel shall not exceed:
          (a) when exercising their rights and functions 
        associated with drilling, logging, hole surveying, and 
        coring, if this work is carried out by Designated 
        Personnel operating their own equipment or equipment 
        leased from the Party carrying out the explosion, 25;
          (b) when exercising their rights and functions 
        associated with observing drilling, logging, hole 
        surveying, and coring performed by the Party carrying 
        out the explosion, or when Designated Personnel perform 
        logging, hole surveying, or sidewall rock sampling, 10;
          (c) when exercising their rights and functions 
        associated with the confirmation of the validity of 
        geological and geophysical information, the number of 
        emplacement holes plus three;
          (d) when exercising their rights and functions 
        associated with the use of hydrodynamic yield 
        measurement equipment, the number of explosives plus 
        three, plus the number of recording facilities 
        specified in paragraph 5 of Section VIII of this 
        Protocol multiplied by seven; and, with respect to 
        group explosions in which radio controlled recording 
        facilities are employed, three per recording facility, 
        plus seven for the command and monitoring facility;
          (e) when exercising their rights and functions 
        associated with the use of a local seismic network, 15;
          (f) for administrative, coordination, clerical, and 
        health and safety matters, when Designated Personnel 
        described in subparagraphs (a), (b), (c), (d), and (e) 
        of this paragraph are present, eight; and
          (g) if the Verifying Party provides food and housing 
        for Designated Personnel identified in subparagraphs 
        (a), (b), (c), (d), (e), and (f) of this paragraph, 
        six.
    3. No less than 20 days prior to the planned arrival of its 
Designated Personnel or equipment at the point of entry to 
carry out activities related verification of a particular 
explosion, the Verifying Party shall provide the Party carrying 
out the explosion with:
          (a) a list of the names of the Designated Personnel, 
        their passports and documentation, and a list of the 
        names of the Transport Personnel, their passports and 
        documentation, who will carry out activities related to 
        verification of a particular explosion;
          (b) the names of the Designated Personnel Team Leader 
        and deputy team leader, and the names of those 
        individuals from the Designated Personnel who will 
        escort equipment of the Verifying Party to the site of 
        the explosion;
          (c) confirmation of the point of entry to be used;
          (d) the scheduled date and the estimated time of 
        arrival of Designated Personnel at the point of entry; 
        and
          (e) designation of the mode of transport to be used.
No more than 15 days following receipt of the lists, passports, 
and documentation specified in subparagraph (a) of this 
paragraph, the Party carrying out the explosion shall return 
those passports to the Verifying Party with visas and documents 
specified in paragraph 4 of Section IX of this Protocol.
    4. If a transport aircraft other than a regularly scheduled 
commercial aircraft is used for transportation, its flight path 
shall be along airways that are agreed upon by the Parties, and 
its flight plan shall be filed in accordance with the 
procedures of the International Civil Aviation Organization 
applicable to civil aircraft, including in the remarks section 
of the flight plan a confirmation that the appropriate 
clearance has been obtained. The Party carrying out the 
explosion shall provide parking, security protection, 
servicing, and fuel for the aircraft of the Verifying Party at 
the point of entry. The Verifying Party shall bear the cost of 
such fuel and servicing.
    5. The Party carrying out the explosion shall ensure that 
any necessary clearances or approvals are granted so as to 
enable Designated Personnel, their baggage, and equipment of 
the Verifying Party to arrive at the point of entry by the 
estimated arrival date and time.
    6. The Party carrying out the explosion shall assist 
Designated Personnel and Transport Personnel and their baggage 
in passage through customs without undue delay. The Party 
carrying out the explosion shall provide transportation between 
the point of entry and the site of the explosion for Designated 
Personnel, for their baggage and equipment of the Verifying 
Party, so as to enable such personnel to exercise their rights 
and functions in the time periods provided for in this 
Protocol.
    7. The Party carrying out the explosion shall have the 
right to assign its personnel to escort Designated Personnel 
and Transport Personnel while they are in the territory of the 
Party carrying out the explosion.
    8. Except as otherwise provided for in this Protocol, 
movement and travel of Designated Personnel and Transport 
Personnel shall be subject to the authorization of the Party 
carrying out the explosion.
    9. During the period Designated Personnel and Transport 
Personnel are in the territory of the Party carrying out the 
explosion, the Party carrying out the explosion shall provide 
food, living and working facilities, secure places for storing 
equipment, transportation, and medical services for such 
personnel. If the Verifying Party desires to provide its own 
food or housing units for its Designated Personnel, or food for 
its Transport Personnel during their stay in the territory of 
the Party carrying out the explosion, the Party carrying out 
the explosion shall provide such assistance as may be necessary 
for such food and housing units to arrive at the appropriate 
locations. If the Verifying Party provides its own housing 
units, they shall be delivered to the point of entry no less 
than 30 days prior to the arrival of Designated Personnel. The 
Party carrying out the explosion shall have the right to 
inspect these housing units upon their arrival at the point of 
entry for a 30-day period, without the presence of personnel of 
the Verifying Party.
    10. The Party carrying out the explosion shall ensure the 
Designated Personnel Team Leader or his designated 
representative access at all times to means of direct 
communications between the site of the explosion and the 
embassy of the Verifying Party, and shall provide Designated 
Personnel with telephone communications between their working 
facilities and living accommodations at the site of the 
explosion. The Designated Personnel Team Leader or his 
designated representative shall also have the right to use at 
all times satellite communications to ensure communications via 
the International Maritime Satellite Organization (INMARSAT) 
commercial satellite system, or a system of equivalent 
performance, between the site of the explosion and the 
telephone communications system of the Verifying Party. If the 
Party carrying out the explosion does not provide such 
communications, Designated Personnel shall have the right to 
use their own equipment specified in paragraph 1(h) of Section 
VIII of this Protocol. In this case, installation and alignment 
of all such equipment shall be done jointly. All equipment of 
this system, except the remote control unit, shall be locked 
and placed under seals of both Parties, and neither Party shall 
have access to this equipment except under the observation of 
personnel of the other Party. Designated Personnel shall have 
exclusive use of the remote control unit. If the Verifying 
Party provides satellite communications equipment, personnel of 
the Party carrying out the explosion shall have the right, 
under the observation of Designate Personnel, to make the 
following modifications provided they do not degrade the 
quality of communications:
          (a) install bandpass filters, to limit the frequency 
        range, in the antenna signal transmission and reception 
        lines;
          (b) modify the remote control unit to prevent manual 
        tuning; and
          (c) modify the satellite communications equipment to 
        allow the Party carrying out the explosion to monitor 
        all transmissions.
    11. At the site of the explosion, Designated Personnel 
shall observe all safety rules and regulations applicable to 
the personnel of the Party carrying out the explosion, as well 
as those additional restrictions with regard to access and 
movement as may be established by the Party carrying out the 
explosion. Designated Personnel shall have access only to the 
areas where they will directly exercise their rights and 
functions in accordance with Sections V, VI, and VII of this 
Protocol.
    12. Designated Personnel shall not be given or seek access 
by physical, visual or technical means to the interior of the 
explosive canister, to documentary or other information 
descriptive of the design of an explosive, or to equipment for 
control and firing of explosives. The Party carrying out the 
explosion shall not locate documentary or other information 
descriptive of the design of an explosive in such ways as to 
impede Designated Personnel in carrying out their activities in 
accordance with this Protocol.
    13. With the exception of those cases in which the Parties 
otherwise agree, all costs related to the activities of 
Designated Personnel and Transport Personnel carried out in 
accordance with the Protocol shall be borne by the Verifying 
Party, including costs for materials, equipment, leased 
equipment, and services that have been requested by and 
provided to the Verifying Party, as well as costs for 
transportation, food, living and working facilities, provision 
of medical assistance, and communications. These costs shall be 
billed at the standard or official rate existing in the 
territory of the Party carrying out the explosion.
    14. The Verifying Party shall have the right to include 
among its Designated Personnel a medical specialist, who shall 
be allowed to bring medications, medical instruments, and 
portable medical equipment agreed upon by the Parties. If 
Designated Personnel are treated in a medical facility of the 
Party carrying out the explosion the medical specialist shall 
have the right to consult on the recommended treatment and 
monitor the course of medical treatment at all times. The 
medical specialist of the Verifying Party shall have the right 
to require the Party carrying out the explosion to provide 
emergency evacuation of any individual of Designated Personnel 
who is ill or suffered and accident to a mutually agreed 
medical facility in the territory of the Party carrying out the 
explosion or to the point of entry for emergency medical 
evacuation by the Verifying Party. Designated Personnel shall 
have the right to refuse any treatment prescribed by medical 
personnel of the Party carrying out the explosion, and in this 
case the Party carrying out the explosion shall not be 
responsible for any consequences of such refusal. Such refusal 
must always be express.

        SECTION XI. PROCEDURES FOR CONSULTATION AND COORDINATION

    1. To facilitate the implementation of this Protocol, the 
Parties shall use the Joint Consultative Commission, as 
provided for in the Treaty, that shall meet at the request of 
either Party. For each explosion for which activities are 
carried out in accordance with this Protocol, the Parties shall 
establish a Coordinating Group of this Commission.
    2. The Coordinating Group shall be responsible for 
coordinating the activities of the Verifying Party with the 
activities of the Party carrying out the explosion.
    3. The Coordinating Group shall operate throughout the 
entire period of preparing and carrying out of the activities 
related to verification for a particular explosion, until the 
departure of Designated Personnel from the territory of the 
Party carrying out the explosion.
    4. The Representative of the Verifying Party to the 
Coordinating Group shall be the Designated Personnel Team 
Leader whose name shall be provided simultaneously with the 
notification of intent to carry out activities related to 
verification for a particular explosion. All members of the 
Coordinating Group from the Verifying Party shall be drawn from 
the list of Designated Personnel. Within 15 days following 
receipt of this notification, the Party carrying out the 
explosion shall provide the Verifying Party with the name of 
its Representative to the Coordinating Group.
    5. The first meeting of the Coordinating Group shall be 
convened in the capital of the Party carrying out the explosion 
within 25 days following notification by the Verifying Party of 
its intent to conduct activities related to verification for a 
particular explosion. Thereafter, the Coordinating Group shall 
meet at the request of either Party.
    6. At the first meeting of the Coordinating Group, the 
Party carrying out the explosion shall present a list, 
including times and durations, of all its planned activities 
that are to be carried out as from the first day of this 
meeting and affect the rights of the Verifying Party provided 
in this Protocol. The Verifying Party shall provide a 
preliminary statement of its requirements for technical and 
logistical support for the activities related to verification 
that it intends to carry out. Within 10 days the Parties shall 
develop and agree upon coordinated schedule, including specific 
times and durations for carrying out activities related to 
verification, that shall ensure the rights of each Party 
provided in this Protocol.
    7. Agreement of the Representative of each Party in the 
Coordinating Group shall constitute agreement of the Parties 
with respect to the following specific provisions of this 
Protocol:
          (a) Section I: paragraph 5;
          (b) Section IV: paragraphs 9, 10(b), and 11;
          (c) Section V: paragraphs 2, 3, 4(b), 6(a), 7, 8(d), 
        9(f), 10 and 11;
          (d) Section VI: paragraphs 2, 3, 4, 5, 6, and 9;
          (e) Section VII: paragraphs 1(b) and 2(c);
          (f) Section VIII: paragraphs 1(g), 4, 5(b), 5(g), and 
        8(f);
          (g) Section X: paragraphs 4 and 13; and
          (h) Section XI: paragraph 6.
    8. Upon completion of activities related to verification at 
the site of an explosion, the Designated Personnel Team Leader 
shall prepare, at his option, either at the site of the 
explosion or in the capital of the Party carrying out the 
explosion, a report of the activities provided for in this 
Protocol that were carried out by Designated Personnel. The 
report shall be factual, and shall list the types of activities 
in chronological order. Lists of information, of photographs, 
and of data required in accordance with this Protocol and 
provided by Designated Personnel to the Party carrying out the 
explosion and received by Designated Personnel from the Party 
carrying out the explosion in the course of conducting 
activities related to verification on the territory of the 
Party carrying out the explosion shall be appended to the 
report. The report shall be provided to the Party carrying out 
the explosion in its capital by the Designated Personnel Team 
Leader within 15 days following completion of activities 
related to verification at the site of the explosion.
    9. If, in the course of implementing activities related to 
verification in accordance with this Protocol, questions arise 
requiring prompt resolution, such questions shall be considered 
by the Coordinating Group. If the Coordinating Group is unable 
to resolve such questions, they shall immediately be referred 
to the Joint Consultative Commission for resolution.
    10. Within 30 days after the Party carrying out the 
explosion provides notification of its intent to carry out a 
group explosion having a planned aggregate yield exceeding 150 
kilotons, a meeting of the Joint Consultative Commission shall 
be convened at the request of either Party with the goal of 
reaching agreement on specific procedures as specified in 
paragraph 2 of Section II of this Protocol. The explosion shall 
be conducted no less than 150 days following agreement of the 
Parties upon such procedures.
    11. The Joint Consultative Commission may, as necessary, 
establish and amend procedure governing the activities of the 
Coordinating Group.

                  SECTION XII. RELEASE OF INFORMATION

    1. Nothing in the Treaty and this Protocol shall affect the 
proprietary rights of either Party in information provided by 
it in accordance with the Treaty and this Protocol, or in 
information that may be disclosed to the other Party or that 
may be disclosed to the other Party or that may become known to 
the other Party in preparing for, or carrying out, explosions. 
Claims to such proprietary rights, however, shall not impede 
implementation of the provisions of the Treaty and this 
Protocol.
    2. Public release of the information provided in accordance 
with this Protocol or publication of material using such 
information may take place only with the agreement of the Party 
carrying out an explosion. Public release of the results of 
observation or measurements made by Designated Personnel may 
take place only with the agreement of both Parties.

                     SECTION XIII. ENTRY INTO FORCE

    This Protocol is an integral part of the Treaty. It shall 
enter into force on the date of entry into force of the Treaty 
and shall remain in force as long as the Treaty remains in 
force.

    Done at Washington, in duplicate, this first day of June, 
1990, in the English and Russian languages, both texts being 
equally authentic.
                     2. SALT and Related Materials

a. Interim Agreement Between the United States of America and the Union 
 of Soviet Socialist Republics on Certain Measures With Respect to the 
  Limitation of Strategic Offensive Arms, With Associated Protocol \1\

  Signed at Moscow, May 26, 1972; Related joint resolution approved, 
  September 30, 1972 [Public Law 92-448]; Approved by the President, 
          October 3, 1972; Entered into force, October 3, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ 23 UST 3462; TIAS 7504. The Interim Agreement expired on 
October 3, 1977. Both the United States and the Soviet Union, however, 
issued parallel statements announcing that they would continue to 
observe the limitations on strategic buildups which were contained in 
the Agreement.

  Convinced that the Treaty on the Limitation of Anti-Ballistic 
Missile Systems and this Interim Agreement on Certain Measures 
with Respect to the Limitation of Strategic Offensive Arms will 
contribute to the creation of more favorable conditions for 
active negotiations on limiting strategic arms as well as to 
the relaxation of international tension and the strengthening 
---------------------------------------------------------------------------
of trust between States,

  Taking into account the relationship between strategic 
offensive and defensive arms,

  Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

  Have agreed as follows:

                               Article I

  The Parties undertake not to start construction of additional 
fixed land-based intercontinental ballistic missile (ICBM) 
launchers after July 1, 1972.

                               Article II

  The Parties undertake not to convert land-based launchers for 
light ICBMs, or ICBMs of older types deployed prior to 1964, 
into land-based launchers for heavy ICBMs of types deployed 
after that time.

                              Article III

  The Parties undertake to limit submarine-launched ballistic 
missile (SLBM) launchers and modern ballistic missile 
submarines to the numbers operational and under construction on 
the date of signature of this Interim Agreement, and in 
addition to launchers and submarines constructed under 
procedures established by the Parties as replacements for an 
equal number of ICBM launchers of older types deployed prior to 
1964 or for launchers on older submarines.

                               Article IV

  Subject to the provisions of this Interim Agreement, 
modernization and replacement of strategic offensive ballistic 
missiles and launchers covered by this Interim Agreement may be 
undertaken.

                               Article V

  1. For the purpose of providing assurance of compliance with 
the provisions of this Interim Agreement, each Party shall use 
national technical means of verification at its disposal in a 
manner consistent with generally recognized principles of 
international law.
  2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
  3. Each Party undertakes not to use deliberate concealment 
measures which impede verification by national technical means 
of compliance with the provisions of this Interim Agreement. 
This obligation shall not require changes in current 
construction, assembly, conversion, or overhaul practices.

                               Article VI

  To promote the objectives and implementation of the 
provisions of this Interim Agreement, the Parties shall use the 
Standing Consultative Commission established under Article XIII 
of the Treaty on the Limitation of Anti-Ballistic Missile 
Systems in accordance with the provisions of that Article.

                              Article VII

  The Parties undertake to continue active negotiations for 
limitations on strategic offensive arms. The obligations 
provided for in this Interim Agreement shall not prejudice the 
scope or terms of the limitations on strategic offensive arms 
which may be worked out in the course of further negotiations.

                              Article VIII

  1. This Interim Agreement shall enter into force upon 
exchange of written notices of acceptance by each Party, which 
exchange shall take place simultaneously with the exchange of 
instruments of ratification of the Treaty on the Limitation of 
Anti-Ballistic Missile Systems.
  2. This Interim Agreement shall remain in force for a period 
of five years unless replaced earlier by an agreement on more 
complete measures limiting strategic offensive arms. It is the 
objective of the Parties to conduct active follow-on 
negotiations with the aim of concluding such an agreement as 
soon as possible.
  3. Each Party shall, in exercising its national sovereignty, 
have the right to withdraw from this Interim Agreement if it 
decides that extraordinary events related to the subject matter 
of this Interim Agreement have jeopardized its supreme 
interests. It shall give notice of its decision to the other 
Party six months prior to withdrawal from this Interim 
Agreement. Such notice shall include a statement of the 
extraordinary events the notifying Party regards as having 
jeopardized its supreme interests.

  Done at Moscow on May 26, 1972, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


Protocol to the Interim Agreement Between the United States of America 
 and the Union of Soviet Socialist Republics on Certain Measures With 
       Respect to the Limitation of Strategic Offensive Arms \2\

                     Signed at Moscow, May 26, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties.
---------------------------------------------------------------------------
    \2\ 23 UST 3469.
---------------------------------------------------------------------------
  Having agreed on certain limitations relating to submarine-
launched ballistic missile launchers and modern ballistic 
missile submarines, and to replacement procedures, in the 
Interim Agreement,
  Have agreed as follows:
  The Parties understand that, under Article III of the Interim 
Agreement, for the period during which that Agreement remains 
in force:
  The U.S. may have no more than 710 ballistic missile 
launchers on submarines (SLBMs) and no more than 44 modern 
ballistic missile submarines. The Soviet Union may have no more 
than 950 ballistic missile launchers on submarines and no more 
than 62 modern ballistic missile submarines.
  Additional ballistic missile launchers on submarines up to 
the above-mentioned levels, in the U.S.--over 656 ballistic 
missile launchers on nuclear-powered submarines, and in the 
U.S.S.R.--over 740 ballistic missile launchers on nuclear-
powered submarines, operational and under construction, may 
become operational as replacements for equal numbers of 
ballistic missile launchers of older types deployed prior to 
1964 or of ballistic missile launchers on older submarines.
  The deployment of modern SLBMs on any submarine, regardless 
of type, will be counted against the total level of SLBMs 
permitted for the U.S. and the U.S.S.R.
  This protocol shall be considered an integral part of the 
Interim Agreement.

  Done at Moscow this 26th day of May, 1972.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
              b. Joint Resolution on Interim Agreement \1\

 Public Law 92-448 [H.J. Res. 1227], 86 Stat. 746, approved September 
                                30, 1972

  Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Congress hereby endorses those portions of the Declaration of 
Basic Principles of Mutual Relations Between the United States 
of America and the Union of Soviet Socialist Republics signed 
by President Nixon and General Secretary Brezhnev at Moscow on 
May 29, 1972, which relate to the dangers of military 
confrontation and which read as follows:
---------------------------------------------------------------------------
    \1\ The Interim Agreement expired on October 3, 1977. Both the 
United States and the Soviet Union, however, issued parallel statements 
announcing that they would continue to observe the limitations on 
strategic buildups which were contained in the Interim Agreement.

  ``The United States of America and the Union of Soviet 
Socialist Republics attach major importance to preventing the 
development of situations capable of causing a dangerous 
exacerbation of their relations . . . '' and ``will do their 
utmost to avoid military confrontations and to prevent the 
outbreak of nuclear war'' and ``will always exercise restraint 
in their mutual relations,'' and ``on outstanding issues will 
conduct'' their discussions and negotiations ``in a spirit of 
reciprocity, mutual accommodation and mutual benefit,'' and
  ``Both sides recognize that efforts to obtain unilateral 
advantage at the expense of the other, directly or indirectly, 
are inconsistent with these objectives,'' and
  ``The prerequisites for maintaining and strengthening 
peaceful relations between the United States of America and the 
Union of Soviet Socialist Republics are the recognition of the 
security interests of the parties based on the principle of 
equality and the renunciation of the use or threat of force.''
  Sec. 2. The President is hereby authorized to approve on 
behalf of the United States the interim agreement between the 
United States of America and the Union of Soviet Socialist 
Republics on certain measures with respect to the limitation of 
strategic offensive arms, and the protocol related thereto, 
signed at Moscow on May 26, 1972, by Richard Nixon, President 
of the United States of America and Leonid I. Brezhnev, General 
Secretary of the Central Committee of the Communist Party of 
the Soviet Union.
  Sec. 3. The Government and the people of the United States 
ardently desire a stable international strategic balance that 
maintains peace and deters aggression. The Congress supports 
the stated policy of the United States that, were a more 
complete strategic offensive arms agreement not achieved within 
the five years of the interim agreement, and were the 
survivability of the strategic deterrent forces of the United 
States to be threatened as a result of such failure, this could 
jeopardize the supreme national interests of the United States; 
the Congress recognizes the difficulty of maintaining a stable 
strategic balance in a period of rapidly developing technology; 
the Congress recognizes the principle of United States-Soviet 
Union equality reflected in the antiballistic missile treaty, 
and urges and requests the President to seek a future treaty 
that, inter alia, would not limit the United States to levels 
of intercontinental strategic forces inferior to the limits 
provided for the Soviet Union: and the Congress considers that 
the success of these agreements and the attainment of more 
permanent and comprehensive agreements are dependent upon the 
maintenance under present world conditions of a vigorous 
research and development and modernization program as required 
by a prudent strategic posture.
  Sec. 4. The Congress hereby commends the President for having 
successfully concluded agreements with the Soviet Union 
limiting the production and deployment of antiballistic 
missiles and certain strategic offensive armaments, and it 
supports the announced intention of the President to seek 
further limits on the production and deployment of strategic 
armaments at future Strategic Arms Limitation Talks. At the 
same time, the Senate takes cognizance of the fact that 
agreements to limit the further escalation of the arms race are 
only preliminary steps, however important, toward the 
attainment of world stability and national security. The 
Congress therefore urges the President to seek at the earliest 
practicable moment Strategic Arms Reduction Talks (START) with 
the Soviet Union, the People's Republic of China, and other 
countries, and simultaneously to work toward reductions in 
conventional armaments, in order to bring about agreements for 
mutual decreases in the production and development of weapons 
of mass destruction so as to eliminate the threat of large-
scale devastation and the ever-mounting costs of arms 
production and weapons modernization, thereby freeing world 
resources for constructive, peaceful use.
  Sec. 5. Pursuant to paragraph six of the Declaration of 
Principles of Nixon and Brezhnev on May 29, 1972, which states 
that the United States and the Union of Soviet Socialist 
Republics: ``will continue to make special efforts to limit 
strategic armaments. Whenever possible, they will conclude 
concrete agreements aimed at achieving these purposes''; 
Congress considers that the success of the interim agreement 
and the attainment of more permanent and comprehensive 
agreements are dependent upon the preservation of longstanding 
United States policy that neither the Soviet Union nor the 
United States should seek unilateral advantage by developing a 
first strike potential.
   c. Agreed Interpretations, Common Understandings, and Unilateral 
                               Statements

                       1. Agreed Interpretations

  (a) Initialed Statements.--The document set forth below was 
agreed upon and initialed by the Heads of the Delegations on 
May 26, 1972:

  Agreed Statements Regarding the Treaty Between the United States of 
 America and the Union of Soviet Socialist Republics on the Limitation 
                 of Anti-Ballistic Missile Systems \1\

                                  [A]

  The Parties understand that, in addition to the ABM radars 
which may be deployed in accordance with subparagraph (a) of 
Article III of the Treaty, those non-phased-array ABM radars 
operational on the date of signature of the Treaty within the 
ABM system deployment area for defense of the national capital 
may be retained.
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                                  [B]

  The Parties understand that the potential (the product of 
mean emitted power in watts and antenna area in square meters) 
of the smaller of the two large phased-array ABM radars 
referred to in subparagraph (b) of Article III of the Treaty is 
considered for purposes of the Treaty to be three million.

                                  [C]

  The Parties understand that the center of the ABM system 
deployment area centered on the national capital and the center 
of the ABM system deployment area containing ICBM silo 
launchers for each Party shall be separated by no less than 
thirteen hundred kilometers.

                                  [D]

  In order to insure fulfillment of the obligation not to 
deploy ABM systems and their components except as provided in 
Article III of the Treaty, the Parties agree that in the event 
ABM systems based on other physical principles and including 
components capable of substituting for ABM interceptor 
missiles, ABM launchers, or ABM radars are created in the 
future, specific limitations on such systems and their 
components would be subject to discussion in accordance with 
Article XIII and agreement in accordance with Article XIV of 
the Treaty.

                                  [E]

  The Parties understand that Article V of the Treaty includes 
obligations not to develop, test or deploy ABM interceptor 
missiles for the delivery by each ABM interceptor missile of 
more than one independently guided warhead.

                                  [F]

  The Parties agree not to deploy phased-array radars having a 
potential (the product of mean emitted power in watts and 
antenna area in square meters) exceeding three million, except 
as provided for in Articles III, IV and VI of the Treaty, or 
except for the purposes of tracking objects in outer space or 
for use as national technical means of verification.

                                  [G]

  The Parties understand that Article IX of the Treaty includes 
the obligation of the U.S. and the U.S.S.R. not to provide to 
other States technical descriptions or blueprints specially 
worked out for the construction of ABM systems and their 
components limited by the Treaty.

  (b) Common Understandings.--Common understanding of the 
Parties on the following matters was reached during the 
negotiations:

                      a. location of icbm defenses

  The U.S. Delegation made the following statement on May 26, 
1972:

  ``Article III of the ABM Treaty provides for each side one 
ABM system deployment area centered on its national capital and 
one ABM system deployment area containing ICBM silo launchers. 
The two sides have registered agreement on the following 
statement: `The Parties understand that the center of the ABM 
system deployment area centered on the national capital and the 
center of the ABM system deployment area contained ICBM silo 
launchers for each Party shall be separated by no less than 
thirteen hundred kilometers.' In this connection, the U.S. side 
notes that its ABM system deployment area for defense of ICBM 
silo launchers, located west of the Mississippi River, will be 
centered in the Grand Forks ICBM silo launcher deployment 
area.'' (See Initialed Statement [C].)

                           b. abm test ranges

  The U.S. Delegation made the following statement on April 26, 
1972:

  ``Article IV of the ABM Treaty provides that `the limitations 
provided for in Article III shall not apply to ABM systems or 
their components used for development or testing, and located 
within current or additionally agreed test ranges.' We believe 
it would be useful to assure that there is no misunderstanding 
as to current ABM test ranges. It is our understanding that ABM 
test ranges encompass the area within which ABM components are 
located for test purposes. The current U.S. ABM test ranges are 
at White Sands, New Mexico, and at Kwajalein Atoll, and the 
current Soviet ABM test range is near Sary Shagan in 
Kazakhstan. We consider that non-phased array radars of types 
used for range safety or instrumentation purposes may be 
located outside of ABM test ranges. We interpret the reference 
in Article IV to `additionally agreed test ranges' to mean that 
ABM components will not be located at any other test ranges 
without prior agreement between our Governments that there will 
be such additional ABM test ranges.''

  On May 5, 1972, the Soviet Delegation stated that there was a 
common understanding on what ABM test ranges were, that the use 
of the types of non-ABM radars for range safety or 
instrumentation was not limited under the Treaty, that the 
reference in Article IV to ``additionally agreed'' test ranges 
was sufficiently clear, and that national means permitted 
identifying current test ranges.

                         c. mobile abm systems

  On January 28, 1972, the U.S. Delegation made the following 
statement:

  ``Article V(I) of the Joint Draft Text of the ABM Treaty 
includes an undertaking not to develop, test, or deploy mobile 
land-based ABM systems and their components. On May 5, 1972, 
the U.S. side indicated that, in its view, a prohibition on 
deployment of mobile ABM systems and components would rule out 
the deployment of ABM launchers and radars which were not 
permanent fixed types. At that time, we asked for the Soviet 
view of this interpretation. Does the Soviet side agree with 
the U.S. side's interpretation put forward on May 5, 1971?''

  On April 13, 1972, the Soviet Delegation said there is a 
general common understanding on this matter.

                  d. standing consultative commission

  Ambassador Smith made the following statement on May 22, 
1972:

  ``The United States proposes that the sides agree that, with 
regard to initial implementation of the ABM Treaty's Article 
XIII on the Standing Consultative Commission (SCC) and of the 
consultation Articles to the Interim Agreement on offensive 
arms and the Accidents Agreement,\2\ agreement establishing the 
SCC will be worked out early in the follow-on SALT 
negotiations; until that is completed, the following 
arrangements will prevail: when SALT is in session, any 
consultation desired by either side under these Articles can be 
carried out by the two SALT Delegations: when SALT is not in 
session, ad hoc arrangements for any desired consultations 
under these Articles may be made through diplomatic channels.''
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    \2\ See Article 7 of Agreement on Measures to Reduce the Risk of 
Outbreak of Nuclear War Between the United States of America and the 
Union of Soviet Socialist Republics, signed September 30, 1971.
---------------------------------------------------------------------------
  Minister Semenov replied that, on an ad referendum basis, he 
could agree that the U.S. statement corresponded to the Soviet 
understanding.

                             e. standstill

  On May 6, 1972, Minister Semenov made the following 
statement:
  ``In an effort to accommodate the wishes of the U.S. side, 
the Soviet Delegation is prepared to proceed on the basis that 
the two sides will in fact observe the obligations of both the 
Interim Agreement and the ABM Treaty beginning from the date of 
signature of these two documents.''
  In reply, the U.S. Delegation made the following statement on 
May 20, 1972:
  ``The U.S. agrees in principle with the Soviet statement made 
on May 6 concerning observance of obligations beginning from 
date of signature but we would like to make clear our 
understanding that this means that, pending ratification and 
acceptance, neither side would take any action prohibited by 
the agreements after they had entered into force. This 
understanding would continue to apply in the absence of 
notification by either signatory of its intention not to 
proceed with ratification or approval.''
  The Soviet Delegation indicated agreement with the U.S. 
statement.

                        2. Unilateral Statements

  (a) The following noteworthy unilateral statements were made 
during the negotiations by the United States Delegation:

                   a. withdrawal from the abm treaty

  On May 9, 1972, Ambassador Smith made the following 
statement:
  ``The U.S. Delegation has stressed the importance the U.S. 
Government attaches to achieving agreement on more complete 
limitations on strategic offensive arms, following agreement on 
an ABM Treaty and on an Interim Agreement on certain measures 
with respect to the limitation of strategic offensive arms. The 
U.S. Delegation believes that an objective of the follow-on 
negotiations should be to constrain and reduce on a long-term 
basis threats to the survivability of our respective strategic 
retaliatory forces. The U.S.S.R. Delegation has also indicated 
that the objectives of SALT would remain unfulfilled without 
the achievement of an agreement providing for more complete 
limitations on strategic offensive arms. Both sides recognize 
that the initial agreements would be steps toward the 
achievement of more complete limitations on strategic arms. If 
an agreement providing for more complete strategic offensive 
arms limitations were not achieved within five years, U.S. 
supreme interests could be jeopardized. Should that occur, it 
would constitute a basis for withdrawal from the ABM Treaty. 
The U.S. does not wish to see such a situation occur, nor do we 
believe that the U.S.S.R. does. It is because we wish to 
prevent such a situation that we emphasize the importance the 
U.S. Government attaches to achievement of more complete 
limitations on strategic offensive arms. The U.S. Executive 
will inform the Congress, in connection with Congressional 
consideration of the ABM Treaty and the Interim Agreement, of 
this statement of the U.S. position.''

                         b. tested in abm mode

  On April 7, 1972, the U.S. Delegation made the following 
statement:
  ``Article II of the Joint Text Draft uses the term `tested in 
an ABM mode,' in defining ABM components, and Article VI 
includes certain obligations concerning such testing. We 
believe that the sides should have a common understanding of 
this phrase. First, we would note that the testing provisions 
of the ABM Treaty are intended to apply to testing which occurs 
after the date of signature of the Treaty, and not to any 
testing which may have occurred in the past. Next, we would 
amplify the remarks we have made on this subject during the 
previous Helsinki phase by setting forth the objectives which 
govern the U.S. view on the subject, namely, while prohibiting 
testing of non-ABM components for ABM purposes: Not to present 
testing of ABM components, and not to prevent testing non-ABM 
components for non-ABM purposes. To clarify our interpretation 
of `tested in an ABM mode,' we note that we would consider a 
launcher, missile or radar to be `tested in an ABM model' if, 
for example, any of the following events occur: (1) a launcher 
is used to launch an ABM interceptor missile, (2) an 
interceptor missile is flight tested against a target vehicle 
which has a flight trajectory with characteristics of a 
strategic ballistic missile flight trajectory, or is flight 
tested in conjunction with the test of an ABM interceptor 
missile or an ABM radar at the same test range, or is flight 
tested to an altitude inconsistent with interception of targets 
against which air defenses are deployed, (3) a radar makes 
measurements on a cooperative target vehicle of the kind 
referred to in item (2) above during the reentry portion of its 
trajectory or makes measurements in conjunction with the test 
of an ABM interceptor missile or an ABM radar at the same test 
range. Radars used for purposes such as range safety or 
instrumentation would be exempt from application of these 
criteria.''

                  c. no-transfer article of abm treaty

  On April 18, 1972, the U.S. Delegation made the following 
statement:
  ``In regard to this Article [IX], I have a brief and I 
believe self-explanatory statement to make. The U.S. side 
wishes to make clear that the provisions of this Article do not 
set a precedent for whatever provision may be considered for a 
Treaty on Limiting Strategic Offensive Arms. The question of 
transfer of strategic offensive arms is a far more complex 
issue, which may require a different solution.''

           d. no increase in defense of early warning radars

  On July 28, 1970, the U.S. Delegation made the following 
statement:
  ``Since Hen House radars [Soviet ballistic missile early 
warning radars] can detect and track ballistic missile warheads 
at great distances, they have a significant ABM potential. 
Accordingly, the U.S. would regard any increase in the defenses 
of such radars by surface-to-air missiles as inconsistent with 
an agreement.''
                              ----------                              


                       1. Agreed Interpretations

  (a) Initialed Statements.--The document set forth below was 
agreed upon and initialed by the Heads of the Delegations on 
May 26, 1972.

 Agreed Statements Regarding the Interim Agreement Between the United 
   States of America and the Union of Soviet Socialist Republics on 
Certain Measures With Respect to the Limitation of Strategic Offensive 
                                Arms \3\

                                  [A]

  The Parties understand that land-based ICBM launchers 
referred to in the Interim Agreement are understood to be 
launchers for strategic ballistic missiles capable of ranges in 
excess of the shortest distance between the northeastern border 
of the continental U.S. and the northwestern border of the 
continental U.S.S.R.
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                                  [B]

  The Parties understand that fixed land based ICBM launchers 
under active construction as of the date of signature of the 
Interim Agreement may be completed.

                                  [C]

  The Parties understand that in the process of modernization 
and replacement the dimensions of land-based ICBM silo 
launchers will not be significantly increased.

                                  [D]

  The Parties understand that during the period of the Interim 
Agreement there shall be no significant increase in the number 
of ICBM or SLBM test and training launchers, or in the number 
of such launchers for modern land-based heavy ICBMs. The 
Parties further understand that construction or conversion of 
ICBM launchers at test ranges shall be undertaken only for 
purposes of testing and training.

                                  [E]

  The Parties understand that dismantling or destruction of 
ICBM launchers of older types deployed prior to 1964 and 
ballistic missile launchers on older submarines being replaced 
by new SLBM launchers on modern submarines will be initiated at 
the time of the beginning of sea trials of a replacement 
submarine, and will be completed in the shortest possible 
agreed period of time. Such dismantling or destruction, and 
timely notification thereof, will be accomplished under 
procedures to be agreed in the Standing Consultative 
Commission.

  (b) Common Understandings.--Common understanding of the 
Parties on the following matters was reached during the 
negotiations:

                  a. increase in icbm silo dimensions

  Ambassador Smith made the following statement on May 26, 
1972:

  ``The Parties agree that the term `significantly increased' 
means that an increase will not be greater than 1015 percent of 
the present dimensions of land-based ICBM silo launchers.''

  Minister Semenov replied that this statement corresponded to 
the Soviet understanding.

                  b. standing consultative commission

    [Here follows text identical to d. in the preceding ABM Treaty 
                            understandings]

                             c. standstill

    [Here follows text identical to e. in the preceding ABM Treaty 
                            understandings]

                        2. Unilateral Statements

  (a) The following noteworthy unilateral statements were made 
during the negotiations by the United States Delegation:

                   a. withdrawal from the abm treaty

[Here follows text identical to the Unilateral Statements contained in 
                the preceding ABM Treaty understandings]

                     b. land-mobile icbm launchers

  The U.S. Delegation made the following statement on May 20, 
1972:

  ``In connection with the important subject of land-mobile 
ICBM launchers, in the interest of concluding the Interim 
Agreement the U.S. Delegation now withdraws its proposal that 
Article I or an agreed statement explicitly prohibits the 
deployment of mobile land-based ICBM launchers. I have been 
instructed to inform you that, while agreeing to defer the 
question of limitation of operational land-mobile ICBM 
launchers to the subsequent negotiations on more complete 
limitations on strategic offensive arms, the U.S. would 
consider the deployment of operational land-mobile ICBM 
launchers during the period of the Interim Agreement as 
inconsistent with the objectives of that Agreement.''

                         c. covered facilities

  The U.S. Delegation made the following statement on May 20, 
1972:

  ``I wish to emphasize the importance that the United States 
attaches to the provisions of Article V, including in 
particular their application to fitting out or berthing 
submarines.''

                          d. ``heavy'' icbm's

  The U.S. Delegation made the following statement on May 26, 
1972:

  ``The U.S. Delegation regrets that the Soviet Delegation has 
not been willing to agree on a common definition of a heavy 
missile. Under these circumstances, the U.S. Delegation 
believes it necessary to state the following: The United States 
would consider any ICBM having a volume significantly greater 
than that of the largest light ICBM now operational on either 
side to be a heavy ICBM. The U.S. proceeds on the premise that 
the Soviet side will give due account to this consideration.''

  (b) The following noteworthy unilateral statement was made by 
the Delegation of the U.S.S.R. and is shown here with the U.S. 
reply:
  On May 17, 1972, Minister Semenov made the following 
unilateral ``Statement of the Soviet Side'':

  ``Taking into account that modern ballistic missile 
submarines are presently in the possession of not only the 
U.S., but also of its NATO allies, the Soviet Union agrees that 
for the period of effectiveness of the Interim `Freeze' 
Agreement the U.S. and its NATO allies have up to 50 such 
submarines with a total of up to 800 ballistic missile 
launchers thereon (including 41 U.S. submarines with 656 
ballistic missile launchers). However, if during the period of 
effectiveness of the Agreement U.S. allies in NATO should 
increase the number of their modern submarines to exceed the 
numbers of submarines they would have operational or under 
construction on the date of signature of the Agreement, the 
Soviet Union will have the right to a corresponding increase in 
the number of its submarines. In the opinion of the Soviet 
side, the solution of the question of modern ballistic missile 
submarines provided for in the Interim Agreement only partially 
compensates for the strategic imbalance in the deployment of 
the nuclear-powered missile submarines of the U.S.S.R. and the 
U.S. Therefore, the Soviet side believes that this whole 
question, and above all the question of liquidating the 
American missile submarine bases outside the U.S., will be 
appropriately resolved in the course of follow-on 
negotiations.''

  On May 24, Ambassador Smith made the following reply to 
Minister Semenov:

  ``The United States side has studied the `statement made by 
the Soviet side' of May 17 concerning compensation for 
submarine basing and SLBM submarines belonging to third 
countries. The United States does not accept the validity of 
the considerations in that statement.''

  On May 26 Minister Semenov repeated the unilateral statement 
made on May 24. Ambassador Smith also repeated the U.S. 
rejection on May 26.
       d. Standing Consultative Commission on Arms Limitation \1\

Memorandum of Understanding signed at Geneva December 21, 1972; Entered 
                      into force December 21, 1972

Memorandum of Understanding Between the Government of the United States 
    of America and the Government of the Union of Soviet Socialist 
   Republics Regarding the Establishment of a Standing Consultative 
                               Commission

                                   I

  The Government of the United States of America and the 
Government of the Union of Soviet Socialist Republics hereby 
establish a Standing Consultative Commission.
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                                   II

  The Standing Consultative Commission shall promote the 
objectives and implementation of the provisions of the Treaty 
between the USA and the USSR on the Limitation of Anti-
Ballistic Missile Systems of May 26, 1972, the Interim 
Agreement between the USA and the USSR on Certain Measures with 
Respect to the Limitation of Strategic Offensive Arms of May 
26, 1972, and the Agreement on Measures to Reduce the Risk of 
Outbreak of Nuclear War between the USA and the USSR of 
September 30, 1971, and shall exercise its competence in 
accordance with the provisions of Article XIII of said Treaty, 
Article VI of said Interim Agreement, and Article 7 of said 
Agreement on Measures.

                                  III

  Each Government shall be represented on the Standing 
Consultative Commission by a Commissioner and a Deputy 
Commissioner, assisted by such staff as it deems necessary.

                                   IV

  The Standing Consultative Commission shall hold periodic 
sessions on dates mutually agreed by the Commissioners but no 
less than two times per year. Sessions shall also be convened 
as soon as possible, following reasonable notice, at the 
request of either Commissioner.

                                   V

  The Standing Consultative Commission shall establish and 
approve Regulations governing procedures and other relevant 
matters and may amend them as it deems appropriate.

                                   VI

  The Standing Consultative Commission will meet in Geneva. It 
may also meet at such other places as may be agreed.

  Done in Geneva, on December 21, 1972, in two copies, each in 
the English and Russian language, both texts being equally 
authentic.
e. Standing Consultative Commission on Arms Limitation: Regulations \1\

Protocol, with regulations, signed at Geneva May 30, 1973; Entered into 
                           force May 30, 1973

                    Standing Consultative Commission

                                protocol

  Pursuant to the provisions of the Memorandum of Understanding 
between the Government of the United States of America and the 
Government of the Union of Soviet Socialist Republics Regarding 
the Establishment of a Standing Consultative Commission, dated 
December 21, 1972, the undersigned, having been duly appointed 
by their respective Governments as Commissioners of said 
Standing Consultative Commission, hereby establish and approve, 
in the form attached, Regulations governing procedures and 
other relevant matters of the Commission, which Regulations 
shall enter into force upon signature of this Protocol and 
remain in force until and unless amended by the undersigned or 
their successors.
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    \1\ 24 UST 1124; TIAS 7637.

  Done in Geneva, on May 30, 1973, in two copies each in the 
English and Russian language, both texts being equally 
authentic.

                              [Attachment]

                    Standing Consultative Commission

                              regulations

  1. The Standing Consultative Commission, established by the 
Memorandum of Understanding between the Government of the 
United States of America and the Government of the Union of 
Soviet Socialist Republics Regarding the Establishment of a 
Standing Consultative Commission of December 21, 1972, shall 
consist of a U.S. component and Soviet component, each of which 
shall be headed by a Commissioner.
  2. The Commissioners shall alternately preside over the 
meetings.
  3. The Commissioners shall, when possible, inform each other 
in advance of the matters to be submitted for discussion, but 
may at a meeting submit for discussion any matter within the 
competence of the Commission.
  4. During intervals between sessions of the Commission, each 
Commissioner may transmit written or oral communications to the 
other Commissioner concerning matters within the competence of 
the Commission.
  5. Each component of the Commission may invite such advisers 
and experts as it deems necessary to participate in a meeting.
  6. The Commission may establish working groups to consider 
and prepare specific matters.
  7. The results on the discussion of questions at the meetings 
of the Commission may, if necessary, be entered into records 
which shall be in two copies, each in the English and the 
Russian languages, both texts being equally authentic.
  8. The proceedings of the Standing Consultative Commission 
shall be conducted in private. The Standing Consultative 
Commission may not make its proceedings public except with the 
express consent of both Commissioners.
  9. Each component of the Commission shall bear the expenses 
connected with its participation in the Commission.
3. Treaty Between the United States of America and the Union of Soviet 
    Socialist Republics on the Limitation of Anti-Ballistic Missile 
                  Systems,\1\ With Associated Protocol

  Signed at Moscow, May 26, 1972; Ratification advised by the Senate, 
August 3, 1972; Ratified by the President, September 30, 1972; Entered 
                      into force, October 3, 1972

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
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    \1\ 23 UST 3435; TIAS 7503.

  Proceeding from the premise that nuclear war would have 
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devastating consequences for all mankind,

  Considering that effective measures to limit anti-ballistic 
missile systems would be a substantial factor in curbing the 
race in strategic offensive arms and would lead to a decrease 
in the risk of outbreak of war involving nuclear weapons,

  Proceeding from the premise that the limitation of anti-
ballistic missile systems, as well as certain agreed measures 
with respect to the limitation of strategic offensive arms, 
would contribute to the creation of more favorable conditions 
for further negotiations on limiting strategic arms,

  Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

  Declaring their intention to achieve at the earliest possible 
date the cessation of the nuclear arms race and to take 
effective measures toward reductions in strategic arms, nuclear 
disarmament, and general and complete disarmament,

  Desiring to contribute to the relaxation of international 
tension and the strengthening of trust between States,

  Have agreed as follows:

                               Article I

  1. Each Party undertakes to limit anti-ballistic missile 
(ABM) systems and to adopt other measures in accordance with 
the provisions of this Treaty.
  2. Each Party undertakes not to deploy ABM systems for a 
defense of the territory of its country and not to provide a 
base for such a defense, and not to deploy ABM systems for 
defense of an individual region except as provided for in 
Article III of this Treaty.

                               Article II

  1. For the purposes of this Treaty an ABM system is a system 
to counter strategic ballistic missiles or their elements in 
flight trajectory, currently consisting of:
          (a) ABM interceptor missiles, which are interceptor 
        missiles constructed and deployed for an ABM role, or 
        of a type tested in an ABM mode;
          (b) ABM launchers, which are launchers constructed 
        and deployed for launching ABM interceptor missiles; 
        and
          (c) ABM radars, which are radars constructed and 
        deployed for an ABM role, or of a type tested in an ABM 
        mode.
  2. The ABM system components listed in paragraph 1 of this 
Article include those which are:
          (a) operational;
          (b) under construction;
          (c) undergoing testing;
          (d) undergoing overhaul, repair or conversion; or
          (e) mothballed.

                              Article III

  Each party undertakes not to deploy ABM systems or their 
components except that:
  (a) within one ABM system deployment area having a radius of 
one hundred and fifty kilometers and centered on the Party's 
national capital, a Party may deploy; (1) no more than one 
hundred ABM launchers and no more than one hundred ABM 
interceptor missiles at launch sites, and (2) ABM radars within 
no more than six ABM radar complexes, the area of each complex 
being circular and have a diameter of no more than three 
kilometers; and
  (b) within one ABM system deployment area having a radius of 
one hundred and fifty kilometers and containing ICBM silo 
launchers, a Party may deploy: (1) no more than one hundred ABM 
launchers and no more than one hundred ABM interceptor missiles 
at launch sites, (2) two large phased-array ABM radars 
comparable in potential to corresponding ABM radars operational 
or under construction on the date of signature of the Treaty in 
an ABM system deployment area containing ICBM silo launchers, 
and (3) no more than eighteen ABM radars each having a 
potential less than the potential of the smaller of the above-
mentioned two large phased-array ABM radars.

                               Article IV

  The limitations provided for in Article III shall not apply 
to ABM systems or their components used for development or 
testing, and located within current or additionally agreed test 
ranges. Each Party may have no more than a total of fifteen ABM 
launchers at test ranges.

                               Article V

  1. Each Party undertakes not to develop, test, or deploy ABM 
systems or components which are sea-based, air-based, space-
based, or mobile land-based.
  2. Each Party undertakes not to develop, test, or deploy ABM 
launchers for launching more than one ABM interceptor missile 
at a time from each launcher, nor to modify deployed launchers 
to provide them with such a capability, nor to develop, test, 
or deploy automatic or semi-automatic or other similar systems 
for rapid reload or ABM launchers.

                               Article VI

  To enhance assurance of the effectiveness of the limitations 
on ABM systems and their components provided by this Treaty, 
each Party undertakes:
  (a) not to give missiles, launchers, or radars, other than 
ABM interceptor missiles, ABM launchers, or ABM radars, 
capabilities to counter strategic ballistic missiles or their 
elements in flight trajectory, and not to test them in an ABM 
mode; and
  (b) not to deploy in the future radars for early warning of 
strategic ballistic missile attack except at locations along 
the periphery of its national territory and oriented outward.

                              Article VII

  Subject to the provisions of this Treaty, modernization and 
replacement of ABM systems or their components may be carried 
out.

                              Article VIII

  ABM systems or their components in excess of the numbers or 
outside the areas specified in this Treaty, as well as ABM 
systems or their components prohibited by this Treaty, shall be 
destroyed or dismantled under agreed procedures within the 
shortest possible agreed period of time.

                               Article IX

  To assure the viability and effectiveness of this Treaty, 
each Party undertakes not to transfer to other States, and not 
to deploy outside its national territory, ABM systems or their 
components limited by this Treaty.

                               Article X

  Each Party undertakes not to assume any international 
obligations which would conflict with this Treaty.

                               Article XI

  The Parties undertake to continue active negotiations for 
limitations on strategic offensive arms.

                              Article XII

  1. For the purpose of providing assurance of compliance with 
the provisions of this Treaty, each Party shall use national 
technical means of verification at its disposal in a manner 
consistent with generally recognized principles of 
international law.
  2. Each Party undertakes not to interfere with the national 
technical means of verification of the other Party operating in 
accordance with paragraph 1 of this Article.
  3. Each Party undertakes not to use deliberate concealment 
measures which impede verification by national technical means 
of compliance with the provisions of this Treaty. This 
obligation shall not require changes in current construction, 
assembly, conversion, or overhaul practices.

                              Article XIII

  1. To promote the objectives and implementation of the 
provisions of this Treaty, the Parties shall establish promptly 
a Standing Consultative Commission, within the framework of 
which they will:
          (a) consider questions concerning compliance with the 
        obligations assumed and related situations which may be 
        considered ambiguous;
          (b) provide on a voluntary basis such information as 
        either Party considers necessary to assure confidence 
        in compliance with the obligations assumed;
          (c) consider questions involving unintended 
        interference with national technical means of 
        verification;
          (d) consider possible changes in the strategic 
        situation which have a bearing on the provisions of 
        this Treaty;
          (e) agree upon procedures and dates for destruction 
        or dismantling of ABM systems or their components in 
        cases provided for by the provisions of this Treaty;
          (f) consider, as appropriate, possible proposals for 
        further increasing the viability of this Treaty, 
        including proposals for amendments in accordance with 
        the provisions of this Treaty;
          (g) consider, as appropriate, proposals for further 
        measures aimed at limiting strategic arms.
  2. The Parties through consultation shall establish, and may 
amend as appropriate, Regulations for the Standing Consultative 
Commission governing procedures, composition and other relevant 
matters.

                              Article XIV

  1. Each Party may propose amendments to this Treaty. Agreed 
amendments shall enter into force in accordance with the 
procedures governing the entry into force to this Treaty.
  2. Five years after entry into force of this Treaty, and at 
five year intervals thereafter, the Parties shall together 
conduct a review of this Treaty.

                               Article XV

  1. This Treaty shall be of unlimited duration.
  2. Each Party shall, in exercising its national sovereignty, 
have the right to withdraw from this Treaty if it decides that 
extraordinary events related to the subject matter of this 
Treaty have jeopardized its supreme interests. It shall give 
notice of its decision to the other Party six months prior to 
withdrawal from the Treaty. Such notice shall include a 
statement of the extraordinary events the notifying Party 
regards as having jeopardized its supreme interests.

                              Article XVI

  1. This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of each Party. The Treaty 
shall enter into force on the day of the exchange of 
instruments of ratification.
  2. This Treaty shall be registered pursuant to Article 102 of 
the Charter of the United Nations.
  Done at Moscow on May 26, 1972, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


  Protocol to the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic 
                          Missile Systems \2\

  Signed at Moscow, July 3, 1974; Ratification advised by the Senate, 
November 10, 1975; Ratified by the President, March 19, 1976; Ratified 
      by the Union of Soviet Socialist Republics, March 30, 1976; 
Ratifications exchanged at Washington, May 24, 1976; Proclaimed by the 
       President, July 6, 1976; Entered into force, May 24, 1976

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \2\ 27 UST 1645; TIAS 8276.

  Proceeding from the Basic Principles of Relations between the 
United States of America and the Union of Soviet Socialist 
---------------------------------------------------------------------------
Republics signed on May 29, 1972,

  Desiring to further the objectives of the Treaty between the 
United States of America and the Union of Soviet Socialist 
Republics on the Limitation of Anti-Ballistic Missile Systems 
signed on May 26, 1972, hereinafter referred to as the Treaty.

  Reaffirming their conviction that the adoption of further 
measures for the limitation of strategic arms would contribute 
to strengthening international peace and security,

  Proceeding from the premise that further limitation of anti-
ballistic missile systems will create more favorable conditions 
for the completion of work on a permanent agreement on more 
complete measures for the limitation of strategic offensive 
arms,

  Have agreed as follows:

                               Article I

  1. Each Party shall be limited at any one time to a single 
area out of the two provided in Article III of the Treaty for 
deployment of anti-ballistic missile (ABM) systems or their 
components and accordingly shall not exercise its rights to 
deploy an ABM system or its components in the second of the two 
ABM system deployment areas permitted by Article III of the 
Treaty, except as an exchange of one permitted area for the 
other in accordance with Article II of this Protocol.
  2. Accordingly, except as permitted by Article II of this 
Protocol: the United States of America shall not deploy an ABM 
system or its components in the area centered on its capital, 
as permitted by Article III(a) of the Treaty, and the Soviet 
Union shall not deploy an ABM system or its components in the 
deployment area of intercontinental ballistic missile (ICBM) 
silo launchers permitted by Article III(b) of the Treaty.

                               Article II

  1. Each Party shall have the right to dismantle or destroy 
its ABM system and the components thereof in the area where 
they are presently deployed and to deploy an ABM system or its 
components in the alternative area permitted by Article III of 
the Treaty, provided that prior to initiation of construction, 
notification is given in accord with the procedure agreed to by 
the Standing Consultative Commission, during the year beginning 
October 3, 1977, and ending October 2, 1978, or during any year 
which commences at five year intervals thereafter, those being 
the years for periodic review of the Treaty, as provided in 
Article XIV of the Treaty. This right may be exercised only 
once.
  2. Accordingly, in the event of such notice, the United 
States would have the right to dismantle or destroy the ABM 
system and its components in the deployment area of ICBM silo 
launchers and to deploy an ABM system or its components in an 
area centered on its capital, as permitted by Article III(a) of 
the Treaty, and the Soviet Union would have the right to 
dismantle or destroy the ABM system and its components in the 
area centered on its capital and to deploy an ABM system or its 
components in an area containing ICBM silo launchers, as 
permitted by Article III(b) of the Treaty.
  3. Dismantling or destruction and deployment of ABM systems 
or their components and the notification thereof shall be 
carried out in accordance with Article VIII of the ABM Treaty 
and procedures agreed to in the Standing Consultative 
Commission.

                              Article III

  The rights and obligations established by the Treaty remain 
in force and shall be complied with by the Parties except to 
the extent modified by this Protocol. In particular, the 
deployment of an ABM system or its components within the area 
selected shall remain limited by the levels and other 
requirements established by the Treaty.

                               Article IV

  This Protocol shall be subject to ratification in accordance 
with the constitutional procedures of each Party. It shall 
enter into force on the day of the exchange of instruments of 
ratification and shall thereafter be considered an integral 
part of the Treaty.

  Done at Moscow on July 3, 1974, in duplicate, in the English 
and Russian languages, both texts being equally authentic.

  For the United States of America:
                                             Richard Nixon,
                         President of the United States of America.

  For the Union of Soviet Socialist Republics:
                                            L. I. Brezhnev,
            General Secretary of the Central Committee of the CPSU.
                                 4. INF

a. Treaty Between the United States of America and the Union of Soviet 
Socialist Republics on the Elimination of Their Intermediate-Range and 
                       Shorter-Range Missiles \1\

  Signed at Washington, December 8, 1987; Ratification advised by the 
         Senate, May 27, 1988; Entered into force, June 1, 1988

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 100-11; 1657 UNTS 2.

    Conscious that nuclear war would have devastating 
---------------------------------------------------------------------------
consequences for all mankind,

    Guided by the objective of strengthening strategic 
stability,

    Convinced that the measures set forth in this Treaty will 
help to reduce the risk of outbreak of war and strengthen 
international peace and security, and

    Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons,

    Have agreed as follows:

                               article i

    In accordance with the provisions of this Treaty which 
includes the Memorandum of Understanding and Protocols which 
form an integral part thereof, each Party shall eliminate its 
intermediate-range and shorter-range missiles, not have such 
systems thereafter, and carry out the other obligations set 
forth in this Treaty.

                               article ii

    For the purposes of this Treaty:
    1. The term ``ballistic missile'' means a missile that has 
a ballistic trajectory over most of its flight path. The term 
``ground-launched ballistic missile (GLBM)'' means a ground-
launched ballistic missile that is a weapon-delivery vehicle.
    2. The term ``cruise missile'' means an unmanned, self-
propelled vehicle that sustains flight through the use of 
aerodynamic lift over most of its flight path. The term 
``ground-launched cruise missile (GLCM)'' means a ground-
launched cruise missile that is a weapon-delivery vehicle.
    3. The term ``GLBM launcher'' means a fixed launcher or a 
mobile land-based transporter-erector-launcher mechanism for 
launching a GLBM.
    4. The term ``GLCM launcher'' means a fixed launcher or a 
mobile land-based transporter-erector-launcher mechanism for 
launching a GLCM.
    5. The term ``intermediate-range missile'' means a GLBM or 
a GLCM having a range capability in excess of 1000 kilometers 
but not in excess of 5500 kilometers.
    6. The term ``shorter-range missile'' means a GLBM or a 
GLCM having a range capability equal to or in excess of 500 
kilometers but not in excess of 1000 kilometers.
    7. The term ``deployment area'' means a designated area 
within which intermediate-range missiles and launchers of such 
missiles may operate and within which one or more missile 
operating bases are located.
    8. The term ``missile operating base'' means:
          (a) in the case of intermediate-range missiles, a 
        complex of facilities, located within a deployment 
        area, at which intermediate-range missiles and 
        launchers of such missiles normally operate, in which 
        support structures associates with such missiles and 
        launchers are also located and in which support 
        equipment associated with such missiles and launchers 
        is normally located; and
          (b) in the case of shorter-range missiles, a complex 
        of facilities, located any place, at which shorter-
        range missiles and launchers of such missiles normally 
        operate and in which support equipment associated with 
        such missiles and launchers is normally located.
    9. The term ``missile support facility,'' as regards 
intermediate-range or shorter-range missiles and launchers of 
such missiles, means a missile production facility or a 
launcher production facility, a missile repair facility or a 
launcher repair facility, a training facility, a missile 
storage facility or a launcher storage facility, a test range, 
or an elimination facility as those terms are defined in the 
Memorandum of Understanding.
    10. The term ``transit'' means movement, notified in 
accordance with paragraph 5(f) of Article IX of this Treaty, of 
an intermediate-range missile or a launcher of such a missile 
between missile support facilities, between such a facility and 
a deployment area or between deployment areas, or of a shorter-
range missile or a launcher of such a missile from a missile 
support facility or a missile operating base to an elimination 
facility.
    11. The term ``deployed missile'' means an intermediate-
range missile located within a deployment area or a shorter-
range missile located at a missile operating base.
    12. The term ``non-deployed missile'' means an 
intermediate-range missile located outside a deployment area or 
a shorter-range missile located outside a missile operating 
base.
    13. The term ``deployed launcher'' means a launcher of an 
intermediate-range missile located within a deployment area or 
a launcher of a shorter-range missile located at a missile 
operating base.
    14. The term ``non-deployed launcher'' means a launcher of 
an intermediate-range missile located outside a deployment area 
or a launcher of a shorter-range missile located outside a 
missile operating base.
    15. The term ``basing country'' means a country other than 
the United States of America or the Union of Soviet Socialist 
Republics on whose territory intermediate-range or shorter-
range missiles of the Parties, launchers of such missiles or 
support structures associated with such missiles and launchers 
were located at any time after November 1, 1987. Missiles or 
launchers in transit are not considered to be ``located.''

                              article iii

    1. For the purposes of this Treaty, existing types of 
intermediate-range missiles are:
          (a) for the United States of America, missiles of the 
        types designated by the United States of America as the 
        Pershing II and the BGM-109G, which are known to the 
        Union of Soviet Socialist Republics by the same 
        designations; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the types designated by the Union of Soviet 
        Socialist Republics as the RSD-10, the R-12 and the R-
        14, which are known to the United States of America as 
        the SS-20, the SS-4 and the SS-5, respectively.
    2. For the purposes of this Treaty, existing types of 
shorter-range missiles are:
          (a) for the United States of America, missiles of the 
        type designated by the United States of America as the 
        Pershing IA, which is known to the Union of Soviet 
        Socialist Republics by the same designation; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the types designated by the Union of Soviet 
        Socialist Republics as the OTR-22 and the OTR-23, which 
        are known to the United States of America as the SS-12 
        and the SS-23, respectively.

                               article iv

    1. Each Party shall eliminate all its intermediate-range 
missiles and launchers of such missiles, and all support 
structures and support equipment of the categories listed in 
the Memorandum of Understanding associated with such missiles 
and launchers, so that no later than three years after entry 
into force of this Treaty and thereafter no such missiles, 
launchers, support structures or support equipment shall be 
possessed by either Party.
    2. To implement paragraph 1 of this Article, upon entry 
into force of this Treaty, both Parties shall begin and 
continue throughout the duration of each phase, the reduction 
of all types of their deployed and non-deployed intermediate-
range missiles and deployed and non-deployed launchers of such 
missiles and support structures and support equipment 
associated with such missiles and launchers in accordance with 
the provisions of this Treaty. These reductions shall be 
implemented into two phases so that:
          (a) by the end of the first phase, that is, no later 
        than 29 months after entry into force of this Treaty:
                  (i) the number of deployed launchers of 
                intermediate-range missiles for each Party 
                shall not exceed the number of launchers that 
                are capable of carrying or containing at one 
                time missiles considered by the Parties to 
                carry 171 warheads;
                  (ii) the number of deployed intermediate-
                range missiles for each Party shall not exceed 
                the number of such missiles considered by the 
                Parties to carry 180 warheads;
                  (iii) the aggregate number of deployed and 
                non-deployed launchers of intermediate-range 
                missiles for each Party shall not exceed the 
                number of launchers that are capable of 
                carrying or containing at one time missiles 
                considered by the Parties to carry 200 
                warheads;
                  (iv) the aggregate number of deployed and 
                non-deployed intermediate-range missiles for 
                each Party shall not exceed the number of such 
                missiles considered by the Parties to carry 200 
                warheads; and
                  (v) the ratio of the aggregate number of 
                deployed and non-deployed intermediate-range 
                GLBMs of existing types for each Party to the 
                aggregate number of deployed and non-deployed 
                intermediate-range missiles of existing types 
                possessed by that Party shall not exceed the 
                ratio of such intermediate-range GLBMs to such 
                intermediate-range missiles for that Party as 
                of November 1, 1987, as set forth in the 
                Memorandum of Understanding; and
          (b) by the end of the second phase, that is, no later 
        than three years after entry into force of this Treaty, 
        all intermediate-range missiles of each Party, 
        launchers of such missiles and all support structures 
        and support equipment of the categories listed in the 
        Memorandum of Understanding associated with such 
        missiles and launchers, shall be eliminated.

                               article v

    1. Each Party shall eliminate all its shorter-range 
missiles and launchers of such missiles, and all support 
equipment of the categories listed in the Memorandum of 
Understanding associated with such missiles and launchers, so 
that no later than 18 months after entry into force of this 
Treaty and thereafter no such missiles, launchers or support 
equipment shall be possessed by either Party.
    2. No later than 90 days after entry into force of this 
Treaty, each Party shall complete the removal of all its 
deployed shorter-range missiles and deployed and non-deployed 
launchers of such missiles to elimination facilities and shall 
retain them at those locations until they are eliminated in 
accordance with the procedures set forth in the Protocol on 
Elimination. No later than 12 months after entry into force of 
this Treaty, each Party shall complete the removal of all its 
non-deployed shorter-range missiles to elimination facilities 
and shall retain them at those locations until they are 
eliminated in accordance with the procedures set forth in the 
Protocol on Elimination.
    3. Shorter-range missiles and launchers of such missiles 
shall not be located at the same elimination facility. Such 
facilities shall be separated by no less than 1000 kilometers.

                               article vi

    1. Upon entry into force of this Treaty and thereafter, 
neither Party shall:
          (a) produce or flight-test any intermediate-range 
        missiles or produce any stages of such missiles or any 
        launchers of such missiles; or
          (b) produce, flight-test or launch any shorter-range 
        missiles or produce any stages of such missiles or any 
        launchers of such missiles.
    2. Notwithstanding paragraph 1 of this Article, each Party 
shall have the right to produce a type of GLBM not limited by 
this Treaty which uses a stage which is outwardly similar to, 
but not interchangeable with, a stage of an existing type of 
intermediate-range GLBM having more than one stage, providing 
that that Party does not produce any other stage which is 
outwardly similar to, but not interchangeable with, any other 
stage of an existing type of intermediate-range GLBM.

                              article vii

    For the purposes of this Treaty:
    1. If a ballistic missile or a cruise missile has been 
flight-tested or deployed for weapon delivery, all missiles of 
that type shall be considered to be weapon-delivery vehicles.
    2. If a GLBM or GLCM is an intermediate-range missile, all 
GLBMs or GLCMs of that type shall be considered to be 
intermediate-range missiles. If a GLBM or GLCM is a shorter-
range missile, all GLBMs or GLCMs of that type shall be 
considered to be shorter-range missiles.
    3. If a GLBM is of a type developed and tested solely to 
intercept and counter objects not located on the surface of the 
earth, it shall not be considered to be a missile to which the 
limitations of this Treaty apply.
    4. The range capability of a GLBM not listed in Article III 
of this Treaty shall be considered to be the maximum range to 
which it has been tested. The range capability of a GLCM not 
listed in Article III of this Treaty shall be considered to be 
the maximum distance which can be covered by the missile in its 
standard design mode flying until fuel exhaustion, determined 
by projecting its flight path onto the earth's sphere from the 
point of launch to the point of impact. GLBMs or GLCMs that 
have a range capability equal to or in excess of 500 kilometers 
but not in excess of 1000 kilometers shall be considered to be 
shorter-range missiles. GLBMs or GLCMs that have a range 
capability in excess of 1000 kilometers but not in excess of 
5500 kilometers shall be considered to be intermediate-range 
missiles.
    5. The maximum number of warheads an existing type of 
intermediate-range missile or shorter-range missile carries 
shall be considered to be the number listed for missiles of 
that type in the Memorandum of Understanding.
    6. Each GLBM or GLCM shall be considered to carry the 
maximum number of warheads listed for a GLBM or GLCM of that 
type in the Memorandum of Understanding.
    7. If a launcher has been tested for launching a GLBM or a 
GLCM, all launchers of that type shall be considered to have 
been tested for launching GLBMs or GLCMs.
    8. If a launcher has contained or launched a particular 
type of GLBM or GLCM, all launchers of that type shall be 
considered to be launchers of that type of GLBM or GLCM.
    9. The number of missiles each launcher of an existing type 
of intermediate-range missile or shorter-range missile shall be 
considered to be capable of carrying or containing at one time 
is the number listed for launchers of missiles of that type in 
the Memorandum of Understanding.
    10. Except in the case of elimination in accordance with 
the procedures set forth in the Protocol on Elimination, the 
following shall apply:
          (a) for GLBMs which are stored or moved in separate 
        stages, the longest stage of an intermediate-range or 
        shorter-range GLBM shall be counted as a complete 
        missile;
          (b) for GLBMs which are not stored or moved in 
        separate stages, a canister of the type used in the 
        launch of an intermediate-range GLBM, unless a Party 
        proves to the satisfaction of the other Party that it 
        does not contain such a missile, or an assembled 
        intermediate-range or shorter-range GLBM, shall be 
        counted as a complete missile; and
          (c) for GLCMs, the airframe of an intermediate-range 
        or shorter-range GLCM shall be counted as a complete 
        missile.
    11. A ballistic missile which is not a missile to be used 
in a ground-based mode shall not be considered to be a GLBM if 
it is test-launched at a test site from a fixed land-based 
launcher which is used solely for test purposes and which is 
distinguished from GLBM launchers. A cruise missile which is 
not a missile to be used in a ground-based mode shall not be 
considered to be a GLCM if it is test-launched at a test site 
from a fixed land-based launcher which is used solely for test 
purposes and which is distinguishable from GLCM launchers.
    12. Each Party shall have the right to produce and use for 
booster systems, which might otherwise be considered to be 
intermediate-range or shorter-range missiles, only existing 
types of booster stages for such booster systems. Launchers of 
such booster systems shall not be considered to be flight-
testing of intermediate-range or shorter-range missiles 
provided that:
          (a) stages used in such booster systems are different 
        from stages used in those missiles listed as existing 
        types of intermediate-range or shorter-range missiles 
        in Article III of this Treaty;
          (b) such booster systems are used only for research 
        and development purposes to test objects other than the 
        booster systems themselves;
          (c) the aggregate number of launchers for such 
        booster systems shall not exceed 35 for each Party at 
        any one time; and
          (d) the launchers for such booster systems are fixed, 
        emplaced above ground and located only at research and 
        development launch sites which are specified in the 
        Memorandum of Understanding.
Research and development launch sites shall not be subject to 
inspection pursuant to Article XI of this Treaty.

                              article viii

    1. All intermediate-range missiles and launchers of such 
missiles shall be located in deployment areas, at missile 
support facilities or shall be in transit. Intermediate-range 
missiles or launchers of such missiles shall not be located 
elsewhere.
    2. Stages of intermediate-range missiles shall be located 
in deployment areas, at missile support facilities or moving 
between deployment areas, between missile support facilities or 
between missile support facilities and deployment areas.
    3. Until their removal to elimination facilities as 
required by paragraph 2 of Article V of this Treaty, all 
shorter-range missiles and launchers of such missiles shall be 
located at missile operating bases, at missile support 
facilities or shall be in transit. Shorter-range missiles or 
launchers of such missiles shall not be located elsewhere.
    4. Transit of a missile or launcher subject to the 
provisions of this Treaty shall be completed within 25 days.
    5. All deployment areas, missile operating bases and 
missile support facilities are specified in the Memorandum of 
Understanding or in subsequent updates of data pursuant to 
paragraphs 3, 5(a) or 5(b) of Article IX of this Treaty. 
Neither Party shall increase the number of, or change the 
location or boundaries of, deployment areas, missile operating 
bases or missile support facilities, except for elimination 
facilities, from those set forth in the Memorandum of 
Understanding. A missile support facility shall not be 
considered to be part of a deployment area even though it may 
be located within the geographic boundaries of a deployment 
area.
    6. Beginning 30 days after entry into force of this Treaty, 
neither Party shall locate intermediate-range or shorter-range 
missiles, including stages of such missiles, or launchers of 
such missiles at missile production facilities, launcher 
production facilities or test ranges listed in the Memorandum 
of Understanding.
    7. Neither Party shall locate any intermediate-range or 
shorter-range missiles at training facilities.
    8. A non-deployed intermediate-range or shorter-range 
missile shall not be carried on or contained within a launcher 
of such a type of missile, except as required for maintenance 
conducted at repair facilities or for elimination by means of 
launching conducted at elimination facilities.
    9. Training missiles and training launchers for 
intermediate-range or shorter-range missiles shall be subject 
to the same locational restrictions as are set forth for 
intermediate-range and shorter-range missiles and launchers of 
such missiles in paragraphs 1 and 3 of this Article.

                               article ix

    1. The Memorandum of Understanding contains categories of 
data relevant to obligations undertaken with regard to this 
Treaty and lists all intermediate-range and shorter-range 
missiles, launchers of such missiles, and support structures 
and support equipment associated with such missiles and 
launchers, possessed by the Parties as of November 1, 1987. 
Updates of that data and notification required by this Article 
shall be provided according to the categories of data contained 
in the Memorandum of Understanding.
    2. The Parties shall update that data and provide the 
notifications required by this Treaty through the Nuclear Risk 
Reduction Centers, established pursuant to the Agreement 
Between the United States of America and the Union of Soviet 
Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers of September 15, 1987.
    3. No later than 30 days after entry into force of this 
Treaty, each Party shall provide the other Party with updated 
data, as of the date of entry into force of this Treaty, for 
all categories of data contained in the Memorandum of 
Understanding.
    4. No later than 30 days after the end of each six-month 
interval following the entry into force of this Treaty, each 
Party shall provide updated data for all categories of data 
contained in the Memorandum of Understanding by informing the 
other Party of all changes, completed and in process, in that 
data, which have occurred during the six-month interval since 
the preceding data exchange, and the net effect of those 
changes.
    5. Upon entry into force of this Treaty and thereafter, 
each Party shall provide the following notifications to the 
other Party:
          (a) notification, no less than 30 days in advance, of 
        the scheduled date of the elimination of a specific 
        deployment area, missile operating base or missile 
        support facility;
          (b) notification, no less than 30 days in advance, of 
        changes in the number or location of elimination 
        facilities, including the location and scheduled date 
        of each change;
          (c) notification, except with respect to launchers of 
        intermediate-range missiles for the purpose of their 
        elimination, no less than 30 days in advance, of the 
        scheduled date of the initiation of the elimination of 
        intermediate-range and shorter-range missiles, and 
        stages of such missiles, and launchers of such missiles 
        and support structures and support equipment associated 
        with such missiles and launchers, including:
                  (i) the number and type of items of missile 
                systems to be eliminated;
                  (ii) the elimination site;
                  (iii) for intermediate-range missiles, the 
                location from which such missiles, launchers of 
                such missiles and support equipment associated 
                with such missiles and launchers are moved to 
                the elimination facility; and
                  (iv) except in the case of support 
                structures, the point of entry to be used by an 
                inspection team conducting an inspection 
                pursuant to paragraph 7 of Article XI of this 
                Treaty and the estimated time of departure of 
                an inspection team from the point of entry to 
                the elimination facility;
          (d) notification, no less than ten days in advance, 
        of the scheduled date of the launch, or the scheduled 
        date of the initiation of a series of launches, of 
        intermediate-range missiles for the purpose of their 
        elimination, including:
                  (i) the type of missiles to be eliminated;
                  (ii) the location of the launch, or, if 
                elimination is by a series of launches, the 
                location of such launches and the number of 
                launches in the series;
                  (iii) the point of entry to be used by an 
                inspection team conducting an inspection 
                pursuant to paragraph 7 of Article XI of this 
                Treaty; and
                  (iv) the estimated time of departure of an 
                inspection team from the point of entry to the 
                elimination facility;
          (e) notification, no later than 48 hours after they 
        occur, of changes in the number of intermediate-range 
        and shorter-range missiles, launchers of such missiles 
        and support structures and support equipment associated 
        with such missiles and launchers resulting from 
        elimination as described in the Protocol on 
        Elimination, including:
                  (i) the number and type of items of a missile 
                system which were eliminated; and
                  (ii) the date and location of such 
                elimination; and
          (f) notification of transit of intermediate-range or 
        shorter-range missiles or launchers of such missiles, 
        or the movement of training missiles or training 
        launchers for such intermediate-range and shorter-range 
        missiles, no later than 48 hours after it has been 
        completed, including:
                  (i) the number of missiles or launchers;
                  (ii) the points, dates and times of departure 
                and arrival;
                  (iii) the mode of transport; and
                  (iv) the location and time at that location 
                at least once every four days during the period 
                of transit.
    6. Upon entry into force of this Treaty and thereafter, 
each Party shall notify the other Party, no less than ten days 
in advance, of the scheduled date and location of the launch of 
a research and development booster system as described in 
paragraph 12 of Article VII of this Treaty.

                               article x

    1. Each Party shall eliminate its intermediate-range and 
shorter-range missiles and launchers of such missiles and 
support structures and support equipment associated with such 
missiles and launches in accordance with the procedures set 
forth in the Protocol on Elimination.
    2. Verification by on-site inspection of the elimination of 
items of missiles systems specified in the Protocol on 
Elimination shall be carried out in accordance with Article XI 
of this Treaty, the Protocol on Elimination and the Protocol on 
Inspection.
    3. When a Party removes its intermediate-range missiles, 
launchers of such missiles and support equipment associated 
with such missiles and launchers from deployment areas to 
elimination facilities for the purpose of their elimination, it 
shall do so in complete deployed organizational units. For the 
United States of America, these units shall be Pershing II 
batteries and BGM-109G flights. For the Union of Soviet 
Socialist Republics, these units shall be SS-20 regiments 
composed of two or three battalions.
    4. Elimination of intermediate-range and shorter-range 
missiles and launchers of such missiles and support equipment 
associated with such missiles and launchers shall be carried 
out at the facilities that are specified in the Memorandum of 
Understanding or notified in accordance with paragraph 5(b) of 
Article IX of this Treaty, unless eliminated in accordance with 
Section IV or V of the Protocol on Elimination. Support 
structures, associated with the missiles and launchers subject 
to this Treaty, that are subject to elimination shall be 
eliminated in situ.
    5. Each Party shall have the right, during the first six 
months after entry into force of this Treaty, to eliminate by 
means of launching no more than 100 of its intermediate-range 
missiles.
    6. Intermediate-range and shorter-range missiles which have 
been tested prior to entry into force of this Treaty, but never 
deployed, and which are not existing types of intermediate-
range or shorter-range missiles listed in Article III of this 
Treaty, and launchers of such missiles, shall be eliminated 
within six months after entry into force of this Treaty in 
accordance with the procedures set forth in the Protocol on 
Elimination. Such missiles are:
          (a) for the United States of America, missiles of the 
        type designated by the United States of America as the 
        Pershing IB, which is known to the Union of Soviet 
        Socialist Republics by the same designation; and
          (b) for the Union of Soviet Socialist Republics, 
        missiles of the type designated by the Union of Soviet 
        Socialist Republics as the RK-55, which is known to the 
        United States of America as the SSC-X-4.
    7. Intermediate-range and shorter-range missiles and 
launchers of such missiles and support structures and support 
equipment associated with such missiles and launchers shall be 
considered to be eliminated after completion of the procedures 
set forth in the Protocol on Elimination and upon the 
notification provided for in paragraph 5(e) of Article IX of 
this Treaty.
    8. Each Party shall eliminate its deployment areas, missile 
operating bases and missile support facilities. A Party shall 
notify the other Party pursuant to paragraph 5(a) of Article IX 
of this Treaty once the conditions set forth below are 
fulfilled:
          (a) all intermediate-range and shorter-range 
        missiles, launchers of such missiles and support 
        equipment associated with such missiles and launchers 
        located there have been removed;
          (b) all support structures associated with such 
        missiles and launchers located there have been 
        eliminated; and
          (c) all activity related to production, flight-
        testing, training, repair, storage or deployment of 
        such missiles and launchers has ceased there.
Such deployment areas, missile operating bases and missile 
support facilities shall be considered to be eliminated either 
when they have been inspected pursuant to paragraph 4 of 
Article XI of this Treaty or when 60 days have elapsed since 
the date of the scheduled elimination which was notified 
pursuant to paragraph 5(a) of Article IX of this Treaty. A 
deployment area, missile operating base or missile support 
facility listed in the Memorandum of Understanding that met the 
above conditions prior to entry into force of this Treaty, and 
is not included in the initial data exchange pursuant to 
paragraph 3 of Article IX of this Treaty, shall be considered 
to be eliminated.
    9. If a Party intends to convert a missile operating base 
listed in the Memorandum of Understanding for use as a base 
associated with GLBM or GLCM systems not subject to this 
Treaty, then that Party shall notify the other Party, no less 
than 30 days in advance of the scheduled date of the initiation 
of conversion, of the scheduled date and the purpose for which 
the base will be converted.

                               article xi

    1. For the purpose of ensuring verification of compliance 
with the provisions of this Treaty, each Party shall have the 
right to conduct on-site inspections. The Parties shall 
implement on-site inspections in accordance with this Article, 
the Protocol on Inspection and the Protocol on Elimination.
    2. Each Party shall have the right to conduct inspections 
provided for by this Article both within the territory of the 
other Party and within the territories of basing countries.
    3. Beginning 30 days after entry into force of this Treaty, 
each Party shall have the right to conduct inspections at all 
missile operating bases and missile support facilities 
specified in the Memorandum of Understanding other than missile 
production facilities, and at all elimination facilities 
included in the initial data update required by paragraph 3 of 
Article IX of this Treaty. These inspections shall be completed 
no later than 90 days after entry into force of this Treaty. 
The purpose of these inspections shall be to verify the number 
of missiles, launchers, support structures and support 
equipment and other data, as of the date of entry into force of 
this Treaty, provided pursuant to paragraph 3 of Article IX of 
this Treaty.
    4. Each Party shall have the right to conduct inspections 
to verify the elimination, notified pursuant to paragraph 5(a) 
of Article IX of this Treaty, of missile operating bases and 
missile support facilities other than missile production 
facilities, which are thus no longer subject to inspections 
pursuant to paragraph 5(a) of this Article. Such an inspection 
shall be carried out within 60 days after the scheduled date of 
the elimination of that facility. If a Party conducts an 
inspection at a particular facility pursuant to paragraph 3 of 
this Article after the scheduled date of the elimination of 
that facility, then no additional inspection of that facility 
pursuant to this paragraph shall be permitted.
    5. Each Party shall have the right to conduct inspections 
pursuant to this paragraph for 13 years after entry into force 
of this Treaty. Each Party shall have the right to conduct 20 
such inspections per calendar year during the first three years 
after entry into force of this Treaty, 15 such inspections per 
calendar year during the subsequent five years, and ten such 
inspections per calendar year during the last five years. 
Neither Party shall use more than half of its total number of 
these inspections per calendar year within the territory of any 
one basing country. Each Party shall have the right to conduct:
          (a) inspections, beginning 90 days after entry into 
        force of this Treaty, of missile operating bases and 
        missile support facilities other than elimination 
        facilities and missile production facilities, to 
        ascertain, according to the categories of data 
        specified in the Memorandum of Understanding, the 
        numbers of missiles, launchers, support structures and 
        support equipment located at each missile operating 
        base or missile support facility at the time of the 
        inspection; and
          (b) inspections of former missile operating bases and 
        former missile support facilities eliminated pursuant 
        to paragraph 8 of Article X of this Treaty other than 
        former missile production facilities.
    6. Beginning 30 days after entry into force of this Treaty, 
each Party shall have the right, for 13 years after entry into 
force of this Treaty, to inspect by means of continuous 
monitoring:
          (a) the portals of any facility of the other Party at 
        which the final assembly of a GLBM using stages, any of 
        which is outwardly similar to a stage of a solid-
        propellant GLBM listed in Article III of this Treaty, 
        is accomplished; or
          (b) if a Party has no such facility, the portals of 
        an agreed former missile production facility at which 
        existing types of intermediate-range or shorter-range 
        GLBMs were produced.
The Party whose facility is to be inspected pursuant to this 
paragraph shall ensure that the other Party is able to 
establish a permanent continuous monitoring system at that 
facility within six months after entry into force of this 
Treaty or within six months of initiation of the process of 
final assembly described in subparagraph (a). If, after the end 
of the second year after entry into force of this Treaty, 
neither Party conducts the process of final assembly described 
in subparagraph (a) for a period of 12 consecutive months, then 
neither Party shall have the right to inspect by means of 
continuous monitoring any missile production facility for the 
other Party unless the process of final assembly as described 
in subparagraph (a) is initiated again. Upon entry into force 
of this Treaty, the facilities to be inspected by continuous 
monitoring shall be: in accordance with subparagraph (b), for 
the United States of America, Hercules Plant Number 1, at 
Magna, Utah; in accordance with subparagraph (a), for the Union 
of Soviet Socialist Republics, the Votkinsk Machine Building 
Plant, Udmurt Autonomous Soviet Socialist Republic, Russian 
Soviet Federative Socialist Republic.
    7. Each Party shall conduct inspections of the process of 
elimination, including elimination of intermediate-range 
missiles by means of launching, of intermediate-range and 
shorter-range missiles and launchers of such missiles and 
support equipment associated with such missiles and launchers 
carried out at elimination facilities in accordance with 
Article X of this Treaty and the Protocol on Elimination. 
Inspectors conducting inspections provided for the elimination 
of the missiles, launchers and support equipment have been 
completed.
    8. Each Party shall have the right to conduct inspections 
to confirm the completion of the process of elimination of 
intermediate-range and shorter-range missiles and launchers of 
such missiles and support equipment associated with such 
missiles and launchers eliminated pursuant to Section V of the 
Protocol on Elimination, and of training missiles, training 
missile stages, training launch canisters and training 
launchers eliminated pursuant to Sections II, IV and V of the 
Protocol on Elimination.

                              article xii

    1. For the purpose of ensuring verification compliance with 
the provisions of this Treaty, each Party shall use national 
technical means of verification at its disposal in a manner 
consistent with generally recognized principles of 
international law.
    2. Neither Party shall:
          (a) interfere with national technical means of 
        verification of the other Party operating in accordance 
        with paragraph 1 of this Article; or
          (b) use concealment measures which impede 
        verification of compliance with the provisions of this 
        Treaty by national technical means of verification 
        carried out in accordance with paragraph 1 of this 
        Article. This obligation does not apply to cover or 
        concealment practices, within a deployment area, 
        associated with normal training, maintenance and 
        operations, including the use of environmental shelters 
        to protect missiles and launchers.
    3. To enhance observation by national technical means of 
verification, each Party shall have the right until a treaty 
between the Parties reducing and limiting strategic offensive 
arms enters into force, but in any event for no more than three 
years after entry into force of this Treaty, to request the 
implementation of cooperative measures at deployment bases for 
road-mobile GLBMs with a range capability in excess of 5500 
kilometers, which are not former missile operating bases 
eliminated pursuant to paragraph 8 of Article X of this Treaty. 
The Party making such a request shall inform the other Party of 
the deployment base at which cooperative measures shall be 
implemented. The Party whose base is to be observed shall carry 
out the following cooperative measures:
          (a) no later than six hours after such a request, the 
        Party shall have opened the roofs of all fixed 
        structures for launchers located at the base, removed 
        completely all missiles on launchers from such fixed 
        structures for launchers and displayed such missiles on 
        launchers in the open without using concealment 
        measures; and
          (b) the Party shall leave the roofs open and the 
        missiles on launchers in place until twelve hours have 
        elapsed from the time of the receipt of a request for 
        such an observation.
Each Party shall have the right to make six such requests per 
calendar year. Only one deployment base shall be subject to 
these cooperative measures at any one time.

                              article xiii

    1. To promote the objectives and implementation of the 
provisions of this Treaty, the Parties hereby establish the 
Special Verification Commission. The Parties agree that, if 
either Party so requests, they shall meet within the framework 
of the Special Verification Commission to:
          (a) resolve questions relating to compliance with the 
        obligations assumed; and
          (b) agree upon such measures as may be necessary to 
        improve the viability and effectiveness of this Treaty.
    2. The Parties shall use the Nuclear Risk Reduction 
Centers, which provide for continuous communication between the 
Parties, to:
          (a) exchange data and provide notifications as 
        required by paragraphs 3, 4, 5 and 6 of Article IX of 
        this Treaty and the Protocol on Elimination;
          (b) provide and receive the information required by 
        paragraph 9 of Article X of this Treaty;
          (c) provide and receive notifications of inspections 
        as required by Article XI of this Treaty and the 
        Protocol on Inspection; and
          (d) provide and receive requests for cooperative 
        measures as provided for in paragraph 3 of Article XII 
        of this Treaty.

                              article xiv

    The Parties shall comply with the Treaty and shall not 
assume any international obligations or undertakings which 
would conflict with its provisions.

                               article xv

    1. This Treaty shall be of unlimited duration.
    2. Each Party shall, in exercising its national 
sovereignty, have the right to withdraw from the Treaty if it 
decides that extraordinary events related to the subject matter 
of this Treaty have jeopardized its supreme interests. It shall 
give notice of its decision to withdraw to the other Party six 
months prior to withdrawal from this Treaty. Such notice shall 
include a statement of the extraordinary events the notifying 
Party regards as having jeopardizing its supreme interests.

                              article xvi

    Each Party may propose amendments to this Treaty. Agreed 
amendments shall enter into force in accordance with the 
procedures set forth in Article XVII governing the entry into 
force of this Treaty.

                              article xvii

    1. This Treaty, including the Memorandum of Understanding 
and Protocols, which form an integral part thereof, shall be 
subject to ratification in accordance with the constitutional 
procedures of each Party. This Treaty shall enter into force on 
the date of the exchange of instruments of ratification.
    2. This Treaty shall be registered pursuant to Article 102 
of the Charter of the United Nations.

    Done at Washington on December 8, 1987, in two copies, each 
in the English and Russian languages, both texts being equally 
authentic.

    For the United States of America:
                                             Ronald Reagan,
                         President of the United States of America.

    For the Union of Soviet Socialist Republics:
                                               M Gorbachev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


  Memorandum of Understanding Regarding the Establishment of the Data 
Base for the Treaty Between the Union of Soviet Socialist Republics and 
 the United States of America on the Elimination of Their Intermediate-
                    Range and Shorter-Range Missiles

    Pursuant to and in implementation of the Treaty Between the 
Union of Soviet Socialist Republics and the United States of 
America on the Elimination of their Intermediate-Range and 
Shorter-Range Missiles of December 8, 1987, hereinafter 
referred to as the Treaty, the Parties have exchanged data 
current as of November 1, 1987, on intermediate-range and 
shorter-range missiles and launchers of such missiles and 
support structures and support equipment associated with such 
missiles and launchers.

                             i. definitions

    For the purposes of this Memorandum of Understanding, the 
Treaty, the Protocol on Elimination and the Protocol on 
Inspection:
    1. The term ``missile production facility'' means a 
facility for the assembly or production of solid-propellant 
intermediate-range or shorter-range GLBMs, or existing types of 
GLCMs.
    2. The term ``missile repair facility'' means a facility at 
which repair or maintenance of intermediate-range or shorter-
range missiles takes place other than inspection and 
maintenance conducted at a missile operating base.
    3. The term ``launcher production facility'' means a 
facility for final assembly of launchers of intermediate-range 
or shorter-range missiles.
    4. The term ``launcher repair facility'' means a facility 
at which repair or maintenance of launchers of intermediate-
range or shorter-range missiles takes place other than 
inspection and maintenance conducted at a missile operating 
base.
    5. The term ``test range'' means an area at which flight-
testing of intermediate-range or shorter-range missiles takes 
place.
    6. The term ``training facility'' means a facility, not at 
a missile operating base, at which personnel are trained in the 
use of intermediate-range or shorter-range missiles or 
launchers of such missiles and at which launchers of such 
missiles are located.
    7. The term ``missile storage facility'' means a facility, 
not at a missile operating base, at which intermediate-range or 
shorter-range missiles or stages of such missiles are stored.
    8. The term ``launcher storage facility'' means a facility, 
not at a missile operating base, at which launchers of 
intermediate-range or shorter-range missiles are stored.
    9. The term ``elimination facility'' means a facility at 
which intermediate-range or shorter-range missiles, missile 
stages and launchers of such missiles or support equipment 
associated with such missiles or launchers are eliminated.
    10. The term ``support equipment'' means unique vehicles 
and mobile or transportable equipment that support a deployed 
intermediate-range or shorter-range missile or a launcher of 
such a missile. Support equipment shall include full-scale 
inert training missiles, full-scale inert training missile 
stages, full-scale inert training launch canisters, and 
training launchers not capable of launching a missile. A 
listing of such support equipment associated with each existing 
type of missile, and launchers of such missiles, except for 
training equipment, is contained in Section VI of this 
Memorandum of Understanding.
    11. The term ``support structure'' means a unique fixed 
structure used to support deployed intermediate-range missiles 
or launchers of such missiles. A listing of such support 
structures associated with each existing type of missile, and 
launchers of such missiles, except for training equipment, is 
contained in Section VI of this Memorandum of Understanding.
    12. The term ``research and development launch site'' means 
a facility at which research and development booster systems 
are launched.

                       [Detailed Data * * *] \2\

    Each Party, in signing this Memorandum of Understanding, 
acknowledges it is responsible for the accuracy of only its own 
data. Signature of this Memorandum of Understanding constitutes 
acceptance of the categories of data and inclusion of the data 
contained herein.
---------------------------------------------------------------------------
    \2\ This section of the Memorandum of Understanding contains the 
detailed data that were required to be exchanged between the Parties 
pursuant to Article IX of the Treaty. See Treaty Doc. 100-11.
---------------------------------------------------------------------------
    This Memorandum of Understanding is an integral part of the 
Treaty. It shall enter into force on the date of entry into 
force of the Treaty and shall remain in force so long as the 
Treaty remains in force.

    Done at Washington on December 8, 1987, in two copies, each 
in the English and Russian languages, both texts being equally 
authentic.

    For the United States of America:
                                             Ronald Reagan,
                         President of the United States of America.

    For the Union of Soviet Socialist Republics:
                                               M Gorbachev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


Protocol on Procedures Governing the Elimination of the Missile Systems 
  Subject to the Treaty Between the United States of America and the 
    Union of Soviet Socialist Republics on the Elimination of Their 
             Intermediate-Range and Shorter-Range Missiles

    Pursuant to and in implementation of the Treaty Between the 
United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range and 
Shorter-Range Missiles of December 8, 1987, hereinafter 
referred to as the Treaty, the Parties hereby agree upon 
procedures governing the elimination of the missile systems 
subject to the Treaty.

           i. items of missile systems subject to elimination

    The specific items for each type of missile system to be 
eliminated are:
    1. For the United States of America:
          Pershing-II: Missile, launcher and launch pad 
        shelter;
          BGM-109G: Missile, launch canister and launcher;
          Pershing IA: Missile and launcher; and
          Pershing IB: Missile.
    2. For the Union of Soviet Socialist Republics:
          SS-20: Missile, launch canister, launcher, missile 
        transporter vehicle and fixed structure for a launcher;
          SS-4: Missile, missile transporter vehicle, missile 
        erector, launch stand and propellant tanks;
          SS-5: Missile;
          SSC-X-4: Missile, launch canister and launcher;
          SS-12: Missile, launcher and missile transporter 
        vehicle; and
          SS-23: Missile, launcher and missile transporter 
        vehicle.
    3. For both Parties, all training missiles, training 
missile stages, training launch canisters and training 
launchers shall be subject to elimination.
    4. For both Parties, all stages of intermediate-range and 
shorter-range GLBMs shall be subject to elimination.
    5. For both Parties, all front sections of deployed 
intermediate-range and shorter-range missiles shall be subject 
to elimination.

        ii. procedures for elimination at elimination facilities

    1. In order to ensure the reliable determination of the 
type and number of missiles, missile stages, front sections, 
launch canisters, launchers, missile transporter vehicles, 
missile erectors and launch stands, as well as training 
missiles, training missile stages, training launch canisters 
and training launchers, indicated in Section I of this 
protocol, being eliminated at elimination facilities, and to 
preclude the possibility of restoration of such items for 
purposes inconsistent with the provisions of the Treaty, the 
Parties shall fulfill the requirements below.
    2. The conduct of the elimination procedures for the items 
of missile systems listed in paragraph 1 of this Section, 
except for training missiles, training missile stages, training 
launch canisters and training launchers, shall be subject to 
on-site inspection in accordance with Article XI of the Treaty 
and the Protocol on Inspection. The Parties shall have the 
right to conduct on-site inspections to confirm the completion 
of the elimination procedures set forth in paragraph 11 of this 
Section for training missiles, training missile stages, 
training launch canisters and training launchers. The Party 
possessing such a training missile, training missile stage, 
training launch canister or training launcher shall inform the 
other Party of the name and coordinates of the elimination 
facility at which the on-site inspection may be conducted as 
well as the date on which it may be conducted. Such information 
shall be provided no less than 30 days in advance of that date.
    3. Prior to a missile's arrival at the elimination 
facility, its nuclear warhead device and guidance elements may 
be removed.
    4. Each Party shall select the particular technological 
means necessary to implement the procedures required in 
paragraphs 10 and 11 of this Section and to allow for on-site 
inspection of the conduct of the elimination procedures 
required in paragraph 10 of this Section in accordance with 
Article XI of the Treaty, this Protocol and the Protocol on 
Inspection.
    5. The initiation of the elimination of the items of 
missile systems subject to this Section shall be considered to 
be the commencement of the procedures set forth in paragraph 10 
or 11 of this Section.
    6. Immediately prior to the initiation of the elimination 
procedures set forth in paragraph 10 of this Section, an 
inspector from the Party receiving the pertinent notification 
required by paragraph 5(c) of Article IX of the Treaty shall 
confirm and record the type and number of items of missile 
systems, listed in paragraph 1 of this Section, which are to be 
eliminated. If the inspecting Party deems it necessary, this 
shall include a visual inspection of the contents of launch 
canisters.
    7. A missile stage being eliminated by burning in 
accordance with the procedures set forth in paragraph 10 of 
this Section shall not be instrumented for data collection. 
Prior to the initiation of the elimination procedures set forth 
in paragraph 10 of this Section, an inspector from the 
inspecting Party shall confirm that such missile stages are not 
instrumented for data collection. Those missile stages shall be 
subject to continuous observation by such an inspector from the 
time of that inspection until the burning is completed.
    8. The completion of the elimination procedures set forth 
in this Section, except those for training missiles, training 
missile stages, training launch canisters and training 
launchers, along with the type and number of items of missile 
systems for which those procedures have been completed, shall 
be confirmed in writing by the representative of the Party 
carrying out the elimination and by the inspection team leader 
of the other Party. The elimination of a training missile, 
training missile stage, training launch canister or training 
launcher shall be considered to have been completed upon 
completion of the procedures set forth in paragraph 11 of this 
Section and notification as required by paragraph 5(e) of 
Article IX of the Treaty following the date specified pursuant 
to paragraph 2 of this Section.
    9. The Parties agree that all United States and Soviet 
intermediate-range and shorter-range missiles and their 
associated reentry vehicles shall be eliminated within an 
agreed overall period of elimination. It is further agreed that 
all such missiles shall, in fact, be eliminated fifteen days 
prior to the end of the overall period of elimination. During 
the last fifteen days, a Party shall withdraw to its national 
territory reentry vehicles which, by unilateral decision, have 
been released from existing programs of cooperation and 
eliminate them during the same timeframe in accordance with the 
procedures set forth in this Section.
    10. The specific procedures for the elimination of the 
items of missile systems listed in paragraph 1 of this Section 
shall be as follows, unless the Parties agree upon different 
procedures to achieve the same result as the procedures 
identified in this paragraph:
    For the Pershing II:
          Missile:
                  (a) Missile stages shall be eliminated by 
                explosive demolition or burning;
                  (b) Solid fuel, rocket nozzles and motor 
                cases not destroyed in this process shall be 
                burned, crushed, flattened or destroyed by 
                explosion; and
                  (c) Front section, minus nuclear warhead 
                device and guidance elements, shall be crushed 
                or flattened.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis; and
                  (d) Launcher chassis shall be cut at a 
                location that is not an assembly joint into two 
                pieces of approximately equal size.
    For the BGM-109G:
          Missile:
                  (a) Missile airframe shall be cut 
                longitudinally into two pieces;
                  (b) Wings and tail section shall be severed 
                from missile airframe at locations that are not 
                assembly joints; and
                  (c) Front section, minus nuclear warhead 
                device and guidance elements, shall be crushed 
                or flattened.
          Launch Canister:
                  Launch canister shall be crushed, flattened, 
                cut into two pieces of approximately equal size 
                or destroyed by explosion.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis; and
                  (d) Launcher chassis shall be cut at a 
                location that is not an assembly joint into two 
                pieces of approximately equal size.
    For the Pershing IA:
          Missile:
                  (a) Missile stages shall be eliminated by 
                explosive demolition or burning;
                  (b) Solid fuel, rocket nozzles and motor 
                cases not destroyed in this process shall be 
                burned, crushed, flattened or destroyed by 
                explosion; and
                  (c) Front section, minus nuclear warhead 
                device and guidance elements, shall be crushed 
                or flattened.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis; and
                  (d) Launcher chassis shall be cut at a 
                location that is not an assembly joint into two 
                pieces of approximately equal size.
    For the Pershing IB:
          Missile:
                  (a) Missile stage shall be eliminated by 
                explosive demolition or burning;
                  (b) Solid fuel, rocket nozzle and motor case 
                not destroyed in this process shall be burned, 
                crushed, flattened or destroyed by explosion; 
                and
                  (c) Front section, minus nuclear warhead 
                device and guidance elements, shall be crushed 
                or flattened.
    For the SS-20:
          Missile:
                  (a) Missile shall be eliminated by explosive 
                demolition of the missile in its launch 
                canister or by burning missile stages;
                  (b) Solid fuel, rocket nozzles and motor 
                cases not destroyed in this process shall be 
                burned, crushed, flattened or destroyed by 
                explosion; and
                  (c) Front section, including reentry 
                vehicles, minus nuclear warhead devices, and 
                instrumentation compartment, minus guidance 
                elements, shall be crushed or flattened.
          Launch Canister:
                  Launch canister shall be destroyed by 
                explosive demolition together with a missile, 
                or shall be destroyed separately by explosion, 
                cut into two pieces of approximately equal 
                size, crushed or flattened.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis;
                  (d) Mountings of erector-launcher mechanism 
                and launcher leveling supports shall be cut off 
                launcher chassis;
                  (e) Launcher leveling supports shall be cut 
                at locations that are not assembly joints into 
                two pieces of approximately equal size; and
                  (f) A portion of the launcher chassis, at 
                least 0.78 meters in length, shall be cut off 
                aft of the rear axle.
          Missile Transporter Vehicle:
                  (a) All mechanisms associated with missile 
                loading and mounting shall be removed from 
                transporter vehicle chassis;
                  (b) All mountings of such mechanisms shall be 
                cut off transporter vehicle chassis;
                  (c) All components of the mechanisms 
                associated with missile loading and mounting 
                shall be cut at locations that are not assembly 
                joints into two pieces of approximately equal 
                size;
                  (d) External instrumentation compartments 
                shall be removed from transporter vehicle 
                chassis;
                  (e) Transporter vehicle leveling supports 
                shall be cut off transporter vehicle chassis 
                and cut at locations that are not assembly 
                joints into two pieces of approximately equal 
                size; and
                  (f) A portion of the transporter vehicle 
                chassis, at least 0.78 meters in length, shall 
                be cut off aft of the rear axle.
    For the SS-4:
          Missile:
                  (a) Nozzles of propulsion system shall be cut 
                off at locations that are not assembly joints;
                  (b) All propellant tanks shall be cut into 
                two pieces of approximately equal size;
                  (c) Instrumentation compartment, minus 
                guidance elements, shall be cut into two pieces 
                of approximately equal size; and
                  (d) Front section, minus nuclear warhead 
                device, shall be crushed or flattened.
          Launch Stand:
                  Launch stand components shall be cut at 
                locations that are not assembly joints into two 
                pieces of approximately equal size.
          Missile Erector:
                  (a) Jib, missile erector leveling supports 
                and missile erector mechanism shall be cut off 
                missile erector at locations that are not 
                assembly joints; and
                  (b) Jib and missile erector leveling supports 
                shall be cut into two pieces of approximately 
                equal size.
          Missile Transporter Vehicle:
                  Mounting components for a missile and for a 
                missile erector mechanism as well as supports 
                for erecting a missile onto a launcher shall be 
                cut off transporter vehicle at locations that 
                are not assembly joints.
    For the SS-5:
          Missile:
                  (a) Nozzles of propulsion system shall be cut 
                off at locations that are not assembly joints;
                  (b) All propellant tanks shall be cut into 
                two pieces of approximately equal size; and
                  (c) Instrumentation compartment, minus 
                guidance elements, shall be cut into two pieces 
                of approximately equal size.
    For the SSC-X-4:
          Missile:
                  (a) Missile airframe shall be cut 
                longitudinally into two pieces;
                  (b) Wings and tail section shall be severed 
                from missile airframe at locations that are not 
                assembly joints; and
                  (c) Front section, minus nuclear warhead 
                device and guidance elements, shall be crushed 
                or flattened.
          Launch Canister:
                  Launch canister shall be crushed, flattened, 
                cut into two pieces of approximately equal size 
                or destroyed by explosion.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints from two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis;
                  (d) Mountings of erector-launcher mechanism 
                and launcher leveling supports shall be cut off 
                launcher chassis;
                  (e) Launcher leveling supports shall be cut 
                at locations that are not assembly joints into 
                two pieces of approximately equal size; and
                  (f) The launcher chassis shall be severed at 
                a location determined by measuring no more than 
                0.70 meters rearward from the rear axle.
    For the SS-12:
          Missile:
                  (a) Missile shall be eliminated by explosive 
                demolition or by burning missile stages;
                  (b) Solid fuel, rocket nozzles and motor 
                cases not destroyed in this process shall be 
                burned, crushed, flattened or destroyed by 
                explosion; and
                  (c) Front section, minus nuclear warhead 
                device, and instrumentation compartment, minus 
                guidance elements, shall be crushed, flattened 
                or destroyed by explosive demolition together 
                with a missile.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher chassis;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment, 
                including external instrumentation 
                compartments, shall be removed from launcher 
                chassis;
                  (d) Mountings of erector-launcher mechanism 
                and launcher leveling supports shall be cut off 
                launcher chassis;
                  (e) Launcher leveling supports shall be cut 
                at locations that are not assembly joints into 
                two pieces of approximately equal size; and
                  (f) A portion of the launcher chassis, at 
                least 1.10 meters in length, shall be cut off 
                aft of the rear axle.
          Missile Transporter Vehicle:
                  (a) All mechanisms associated with missile 
                loading and mounting shall be removed from 
                transporter vehicle chassis;
                  (b) All mountings of such mechanisms shall be 
                cut off transporter vehicle chassis;
                  (c) All components of the mechanisms 
                associated with missile loading and mounting 
                shall be cut at locations that are not assembly 
                joints into two pieces of approximately equal 
                size;
                  (d) External instrumentation compartments 
                shall be removed from transporter vehicle 
                chassis;
                  (e) Transporter vehicle leveling supports 
                shall be cut off transporter vehicle chassis 
                and cut at locations that are not assembly 
                joints into two pieces of approximately equal 
                size; and
                  (f) A portion of the transporter vehicle 
                chassis, at least 1.10 meters in length, shall 
                be cut off aft of the rear axle.
    For the SS-23:
          Missile:
                  (a) Missile shall be eliminated by explosive 
                demolition or by burning the missile stage;
                  (b) Solid fuel, rocket nozzle and motor case 
                not destroyed in this process shall be burned, 
                crushed, flattened or destroyed by explosion; 
                and
                  (c) Front section, minus nuclear warhead 
                device, and instrumentation compartment, minus 
                guidance elements, shall be crushed, flattened, 
                or destroyed by explosive demolition together 
                with a missile.
          Launcher:
                  (a) Erector-launcher mechanism shall be 
                removed from launcher body;
                  (b) All components of erector-launcher 
                mechanism shall be cut at locations that are 
                not assembly joints into two pieces of 
                approximately equal size;
                  (c) Missile launch support equipment shall be 
                removed from launcher body;
                  (d) Mountings of erector-launcher mechanism 
                and launcher leveling supports shall be cut off 
                launcher body;
                  (e) Launcher leveling supports shall be cut 
                at locations that are not assembly joints into 
                two pieces of approximately equal size;
                  (f) Each environmental cover of the launcher 
                body shall be removed and cut into two pieces 
                of approximately equal size; and
                  (g) A portion of the launcher body, at least 
                0.85 meters in length, shall be cut off aft of 
                the rear axle.
          Missile Transporter Vehicle:
                  (a) All mechanisms associated with missile 
                loading and mounting shall be removed from 
                transporter vehicle body;
                  (b) All mountings of such mechanisms shall be 
                cut off transporter vehicle body;
                  (c) All components of mechanisms associated 
                with missile loading and mounting shall be cut 
                at locations that are not assembly joints into 
                two pieces of approximately equal size;
                  (d) Control equipment of the mechanism 
                associated with missile loading shall be 
                removed from transporter vehicle body;
                  (e) Transporter vehicle leveling supports 
                shall be cut off transporter vehicle body and 
                cut at locations that are not assembly joints 
                into two pieces of approximately equal size; 
                and
                  (f) A portion of the transporter vehicle 
                body, at least 0.85 meters in length, shall be 
                cut off aft of the rear axle.
    11. The specific procedures for the elimination of the 
training missiles, training missile stages, training launch 
canisters and training launchers indicated in paragraph 1 of 
this Section shall be as follows:
          Training Missile and Training Missile Stage:
                  Training missile and training missile stage 
                shall be crushed, flattened, cut into two 
                pieces of approximately equal size or destroyed 
                by explosion.
          Training Launch Canister:
                  Training launch canister shall be crushed, 
                flattened, cut into two pieces of approximately 
                equal size or destroyed by explosion.
          Training Launcher:
                  Training launcher chassis shall be cut at the 
                same location designated in paragraph 10 of 
                this Section for launcher of the same type of 
                missile.

           iii. elimination of missiles by means of launching

    1. Elimination of missiles by means of launching pursuant 
to paragraph 5 of Article X of the Treaty shall be subject to 
on-site inspection in accordance with paragraph 7 of Article XI 
of the Treaty and the Protocol on Inspection. Immediately prior 
to each launch conducted for the purpose of elimination, an 
inspector from the inspecting Party shall confirm by visual 
observation the type of missile to be launched.
    2. All missiles being eliminated by means of launching 
shall be launched from designated elimination facilities to 
existing impact areas for such missiles. No such missile shall 
be used as a target vehicle for a ballistic missile 
interceptor.
    3. Missiles being eliminated by means of launching shall be 
launched one at a time, and no less than six hours shall elapse 
between such launches.
    4. Such launches shall involve ignition of all missile 
stages. Neither Party shall transmit or recover data from 
missiles being eliminated by means of launching except for 
unencrypted data used for range safety purposes.
    5. The completion of the elimination procedures set forth 
in this Section, and the type and number of missiles for which 
those procedures have been completed, shall be confirmed in 
writing by the representative of the Party carrying out the 
elimination and by the inspection team leader of the other 
Party.
    6. A missile shall be considered to be eliminated by means 
of launching after completion of the procedures set forth in 
this Section and upon notification required by paragraph 5(e) 
of Article IX of the Treaty.

                 iv. procedures for elimination in situ

    1. Support Structures:
          (a) Support structures listed in Section I of this 
        Protocol shall be eliminated in situ.
          (b) The initiation of the elimination of support 
        structures shall be considered to be the commencement 
        of the elimination procedures required in paragraph 
        1(d) of this Section.
          (c) The elimination of support structures shall be 
        subject to verification by on-site inspection in 
        accordance with paragraph 4 of Article XI of the 
        Treaty.
          (d) The specific elimination procedures for support 
        structures shall be as follows:
                  (i) the superstructure of the fixed structure 
                or shelter shall be dismantled or demolished, 
                and removed from its base or foundation;
                  (ii) the base or foundation of the fixed 
                structure or shelter shall be destroyed by 
                excavation or explosion;
                  (iii) the destroyed based or foundation of a 
                fixed structure or shelter shall remain visible 
                to national technical means of verification for 
                six months or until completion of an on-site 
                inspection conducted in accordance with Article 
                XI of the Treaty; and
                  (iv) upon completion of the above 
                requirements, the elimination procedures shall 
                be considered to have been completed.
    2. Propellant Tanks for SS-4 Missiles:
          Fixed and transportable propellant tanks for SS-4 
        missiles shall be removed from launch sites.
    3. Training Missiles, Training Missile Stages, Training 
Launch Canisters and Training Launchers:
          (a) Training missiles, training missile stages, 
        training launch canisters and training launchers not 
        eliminated at elimination facilities shall be 
        eliminated in situ.
          (b) Training missiles, training missile stages, 
        training launch canisters and training launchers being 
        eliminated in situ shall be eliminated in accordance 
        with the specific procedures set forth in paragraph 11 
        of Section II of this Protocol.
          (c) Each Party shall have the right to conduct an on-
        site inspection to confirm the completion of the 
        elimination procedures for training missiles, training 
        missile stages, training launch canisters and training 
        launchers.
          (d) The Party possessing such a training missile, 
        training missile stage, training launch canister or 
        training launcher shall inform the other Party of the 
        place-name and coordinates of the location at which the 
        on-site inspection provided for in paragraph 3(c) of 
        this Section may be conducted as well as the date on 
        which it may be conducted. Such information shall be 
        provided no less than 30 days in advance of that date.
          (e) Elimination of a training missile, training 
        missile stage, training launch canister or training 
        launcher shall be considered to have been completed 
        upon the completion of the procedures required by this 
        paragraph and upon notification as required by 
        paragraph 5(e) of Article IX of the Treaty following 
        the date specified pursuant to paragraph 3(d) of this 
        Section.

                     v. other types of elimination

    1. Loss or Accidental Destruction:
          (a) If an item listed in Section I of this Protocol 
        is lost or destroyed as a result of an accident, the 
        possessing Party shall notify the other Party within 48 
        hours, as required in paragraph 5(e) of Article IX of 
        the Treaty, that the item has been eliminated.
          (b) Such notification shall include the type of the 
        eliminated item, its approximate or assumed location 
        and the circumstances related to the loss or accidental 
        destruction.
          (c) In such a case, the other Party shall have the 
        right to conduct an inspection of the specific point at 
        which the accident occurred to provide confidence that 
        the item has been eliminated.
    2. Static Display:
          (a) The Parties shall have the right to eliminate 
        missiles, launch canisters and launchers, as well as 
        training missiles, training launch canisters and 
        training launchers, listed in Section I of this 
        Protocol by placing them on static display. Each Party 
        shall be limited to a total of 15 missiles, 15 launch 
        canisters and 15 launchers on such static display.
          (b) Prior to being placed on static display, a 
        missile, launch canister or launcher shall be rendered 
        unusable for purposes inconsistent with the Treaty. 
        Missile propellant shall be removed and erector-
        launcher mechanisms shall be rendered inoperative.
          (c) The Party possessing a missile, launch canister 
        or launcher, as well as a training missile, training 
        launch canister or training launcher that is to be 
        eliminated by placing it on static display shall 
        provide the other Party with the place-name and 
        coordinates of the location at which such a missile, 
        launch canister or launcher is to be on static display, 
        as well as the location at which the on-site inspection 
        provided for in paragraph 2(d) of this Section, may 
        take place.
          (d) Each Party shall have the right to conduct an on-
        site inspection of such a missile, launch canister or 
        launcher within 60 days of receipt of the notification 
        required in paragraph 2(c) of this Section.
          (e) Elimination of a missile, launch canister or 
        launcher, as well as training missile, training launch 
        canister or training launcher, by placing it on static 
        display shall be considered to have been completed upon 
        completion of the procedures required by this paragraph 
        and notification as required by paragraph 5(e) of 
        Article IX of the Treaty.
    This Protocol is an integral part of the Treaty. It shall 
enter into force on the date of the entry into force of the 
Treaty and shall remain in force so long as the Treaty remains 
in force. As provided for in paragraph 1(b) of Article XIII of 
the Treaty, the Parties may agree upon such measures as may be 
necessary to improve the viability and effectiveness of this 
Protocol. Such measures shall not be deemed amendments to the 
Treaty.

    Done at Washington on December 8, 1987, in two copies, each 
in the English and Russian languages, both texts being equally 
authentic.

    For the United States of America:
                                             Ronald Reagan,
                         President of the United States of America.

    For the Union of Soviet Socialist Republics:
                                               M Gorbachev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


   Protocol Regarding Inspections Relating to the Treaty Between the 
United States of America and the Union of Soviet Socialist Republics on 
 the Elimination of Their Intermediate-Range and Shorter-Range Missiles

    Pursuant to and in implementation of the Treaty Between the 
United States of America and the Union of Soviet Socialist 
Republics on the Elimination of Their Intermediate-Range and 
Shorter-Range Missiles of December 8, 1987, hereinafter 
referred to as the Treaty, the Parties hereby agree upon 
procedures governing the conduct of inspections provided for in 
Article XI of the Treaty.

                             i. definitions

    For the purposes of this Protocol, the Treaty, the 
Memorandum of Understanding and the Protocol on Elimination:
    1. The term ``inspected Party'' means the Party to the 
Treaty whose sites are subject to inspection as provided for by 
Article XI of the Treaty.
    2. The term ``inspecting Party'' means the Party to the 
Treaty carrying out an inspection.
    3. The term ``inspector'' means an individual designated by 
one of the Parties to carry out inspections and included on 
that Party's list of inspectors in accordance with the 
provisions of Section III of this Protocol.
    4. The term ``inspection team'' means the group of 
inspectors assigned by the inspecting Party to conduct a 
particular inspection.
    5. The term ``inspection site'' means an area, location or 
facility at which an inspection is carried out.
    6. The term ``period of inspection'' means the period of 
time from arrival of the inspection team at the inspection site 
until its departure from the inspection site, exclusive of time 
spent on any pre- and post-inspection procedures.
    7. The term ``point of entry'' means: Washington, D.C., or 
San Francisco, California, the United States of America; 
Brussels (National Airport), The Kingdom of Belgium; Frankfurt 
(Rhein Main Airbase), The Federal Republic of Germany; Rome 
(Ciampino), The Republic of Italy; Schiphol, The Kingdom of the 
Netherlands; RAF Greenham Common, The United Kingdom of Great 
Britain and Northern Ireland; Moscow, or Irkutsk, the Union of 
Soviet Socialist Republics; Schkeuditz Airport, the German 
Democratic Republic; and International Airport Ruzyne, the 
Czechoslovak Socialist Republic.
    8. The term ``in-country period'' means the period from the 
arrival of the inspection team at the point of entry until its 
departure from the country through the point of entry.
    9. The term ``in-country escort'' means individuals 
specified by the inspected Party to accompany and assist 
inspectors and aircrew members as necessary throughout the in-
country period.
    10. The term ``aircrew member'' means an individual who 
performs duties related to the operation of an airplane and who 
is included on a Party's list of aircrew members in accordance 
with the provisions of Section III of this Protocol.

                        ii. general obligations

    1. For the purpose of ensuring verification of compliance 
with the provisions of the Treaty, each Party shall facilitate 
inspection by the other Party pursuant to this Protocol.
    2. Each Party takes note of the assurances received from 
the other Party regarding understandings reached between the 
other Party and the basing countries to the effect that the 
basing countries have agreed to the conduct of inspections, in 
accordance with the provisions of this Protocol, on their 
territories.

                    iii. pre-inspection requirements

    1. Inspections to ensure verification of compliance by the 
Parties with the obligations assumed under the Treaty shall be 
carried out by inspectors designated in accordance with 
paragraphs 3 and 4 of this Section.
    2. No later than one day after entry into force of the 
Treaty, each Party shall provide to the other Party: a list of 
its proposed inspectors who will carry out inspections pursuant 
to paragraphs 3, 4, 5, 7 and 8 of Article XI of the Treaty; and 
a list of its proposed inspectors who will carry out inspection 
activities pursuant to paragraph 6 of Article XI of the Treaty. 
None of these lists shall contain at any time more than 200 
individuals.
    3. Each Party shall review the lists of inspectors and 
aircrew members proposed by the other Party. With respect to an 
individual included on the list of proposed inspectors who will 
carry out inspection activities pursuant to paragraph 6 of 
Article XI of the Treaty, if such an individual is unacceptable 
to the Party reviewing the list, that Party shall, within 20 
days, so inform the Party providing the list, and the 
individual shall be deemed not accepted and shall be deleted 
from the list. With respect to an individual on the list of 
proposed aircrew members or the list of proposed inspectors who 
will carry out inspections pursuant to paragraphs 3, 4, 5, 7 
and 8 of Article XI of the Treaty, each Party, within 20 days 
after the receipt of such lists, shall inform the other Party 
of its agreement to the designation of each inspector and 
aircrew member proposed. Inspectors shall be citizens of the 
inspecting Party.
    4. Each Party shall have the right to amend its lists of 
inspectors and aircrew members. New inspectors and aircrew 
members shall be designated in the same manner as set forth in 
paragraph 3 of this Section with respect to the initial lists.
    5. Within 30 days of receipt of the initial lists of 
inspectors and aircrew members, or of subsequent changes 
thereto, the Party receiving such information shall provide, or 
shall ensure the provision of, such visas and other documents 
to each individual to whom it has agreed as may be required to 
ensure that each inspector or aircrew member may enter and 
remain in the territory of the Party or basing country in which 
an inspection site is located throughout the in-country period 
for the purpose of carrying out inspection activities in 
accordance with the provisions of this Protocol. Such visas and 
documents shall be valid for a period of at least 24 months.
    6. To exercise their functions effectively, inspectors and 
aircrew members shall be accorded, throughout the in-country 
period, privileges and immunities in the country of the 
inspection site as set forth in the Annex to this Protocol.
    7. Without prejudice to their privileges and immunities, 
inspectors and aircrew members shall be obliged to respect the 
laws and regulations of the State on whose territory an 
inspection is carried out and shall be obliged not to interfere 
in the internal affairs of that State. In the event the 
inspected Party determines that an inspector or aircrew member 
of the other Party has violated the conditions governing 
inspection activities set forth in this Protocol, or has ever 
committed a criminal offense on the territory of the inspected 
Party or a basing country, or has ever been sentenced for 
committing a criminal offense or expelled by the inspected 
Party or a basing country, the inspected Party making such a 
determination shall so notify the inspecting Party, which shall 
immediately strike the individual from the lists of inspectors 
or the list of aircrew members. If, at that time, the 
individual is on the territory of the inspected Party or a 
basing country, the inspecting Party shall immediately remove 
that individual from the country.
    8. Within 30 days after entry into force of the Treaty, 
each Party shall inform the other Party of the standing 
diplomatic clearance number for airplanes of the party 
transporting inspectors and equipment necessary for inspection 
into and out of the territory of the Party or basing country in 
which an inspection site is located. Aircraft routings to and 
from the designated point of entry shall be along established 
international airways that are agreed upon by the Parties as 
the basis for such diplomatic clearance.

                           iv. notifications

    1. Notification of an intention to conduct an inspection 
shall be made through the Nuclear Risk Reduction Centers. The 
receipt of this notification shall be acknowledged through the 
Nuclear Risk Reduction Centers by the inspected Party within 
one hour of its receipt.
          (a) For inspections conducted pursuant to paragraphs 
        3, 4 or 5 of Article XI of the Treaty, such 
        notifications shall be made no less than 16 hours in 
        advance of the estimated time of arrival of the 
        inspection team at the point of entry and shall 
        include:
                  (i) the point of entry;
                  (ii) the date and estimated time of arrival 
                at the point of entry;
                  (iii) the date and time when the 
                specification of the inspection site will be 
                provided; and
                  (iv) the names of inspectors and aircrew 
                members.
          (b) For inspections conducted pursuant to paragraphs 
        7 or 8 of Article XI of the Treaty, such notifications 
        shall be made no less than 72 hours in advance of the 
        estimated time of arrival of the inspection team at the 
        point of entry and shall include:
                  (i) the point of entry;
                  (ii) the date and estimated time of arrival 
                at the point of entry;
                  (iii) the site to be inspected and the type 
                of inspection; and
                  (iv) the names of inspectors and aircrew 
                members.
    2. The date and time of the specification of the inspection 
site as notified pursuant to paragraph 1(a) of this Section 
shall fall within the following time intervals:
          (a) for inspections conducted pursuant to paragraph 4 
        or 5 of Article XI of the Treaty, neither less than 
        four hours nor more than 24 hours after the estimated 
        date and time of arrival at the point of entry; and
          (b) for inspections conducted pursuant to paragraph 3 
        of Article XI of the Treaty, neither less than four 
        hours nor more than 48 hours after the estimated date 
        and time of arrival at the point of entry.
    3. The inspecting Party shall provide the inspected Party 
with a flight plan, through the Nuclear Risk Reduction Centers, 
for its flight from the last airfield prior to entering the 
airspace of the country in which the inspection site is located 
to the point of entry, no less than six hours before the 
scheduled departure time from that airfield. Such a plan shall 
be filed in accordance with the procedures of the International 
Civil Aviation Organization applicable to civil aircraft. The 
inspecting Party shall include in the remarks section of each 
flight plan the standing diplomatic clearance number and the 
notation: ``Inspection aircraft. Priority clearance processing 
required.''
    4. No less than three hours prior to the scheduled 
departure of the inspection team from the last airfield prior 
to entering the airspace of the country in which the inspection 
is to take place, the inspected Party shall ensure that the 
flight plan filed in accordance with paragraph 3 of this 
Section is approved so that the inspection team may arrive at 
the point of entry by the estimated arrival time.
    5. Either Party may change the point or points of entry to 
the territories of the countries within which its deployment 
areas, missile operating bases or missile support facilities 
are located, by giving notice of such change to the other 
Party. A change in a point of entry shall become effective five 
months after receipt of such notification by the other Party.

       v. activities beginning upon arrival at the point of entry

    1. The in-country escort and a diplomatic aircrew escort 
accredited to the Government of either the inspected Party or 
the basing country in which the inspection site is located 
shall meet the inspection team and aircrew members at the point 
of entry as soon as the airplane of the inspecting Party lands. 
The number of aircrew members for each airplane shall not 
exceed ten. The in-country escort shall expedite the entry of 
the inspection team and aircrew, their baggage, and equipment 
and supplies necessary for inspection, into the country in 
which the inspection site is located. A diplomatic aircrew 
escort shall have the right to accompany and assist aircrew 
members throughout the in-country period. In the case of an 
inspection taking place on the territory of a basing country, 
the in-country escort may include representatives of that 
basing country.
    2. An inspector shall be considered to have assumed his 
duties upon arrival at the point of entry on the territory of 
the inspected Party or a basing country, and shall be 
considered to have ceased performing those duties when he has 
left the territory of the inspected Party or basing country.
    3. Each Party shall ensure that equipment and supplies are 
exempt from all customs duties.
    4. Equipment and supplies which the inspecting Party brings 
into the country in which an inspection site is located shall 
be subject to examination at the point of entry each time they 
are brought into that country. This examination shall be 
completed prior to the departure of the inspection team from 
the point of entry to conduct an inspection. Such equipment and 
supplies shall be examined by the in-country escort in the 
presence of the inspection team members to ascertain to the 
satisfaction of each Party that the equipment and supplies 
cannot perform functions unconnected with the inspection 
requirements of the Treaty. If it is established upon 
examination that the equipment or supplies are unconnected with 
these inspection requirements, then they shall not be cleared 
for use and shall be impounded at the point of entry until the 
departure of the inspection team from the country where the 
inspection is conducted. Storage of the inspecting Party's 
equipment and supplies at each point of entry shall be within 
tamper-proof containers within a secure facility. Access to 
each secure facility shall be controlled by a ``dual key'' 
system requiring the presence of both Parties to gain access to 
the equipment and supplies.
    5. Throughout the in-country period, the inspected Party 
shall provide, or arrange for the provision of, meals, lodging, 
work space, transportation and, as necessary, medical care for 
the inspection team and aircrew of the inspecting Party. All 
the costs in connection with the stay of inspectors carrying 
out inspection activities pursuant to paragraph 6 of Article XI 
of the Treaty, on the territory of the inspected Party, 
including meals, services, lodging, work space, transportation 
and medical care shall be borne by the inspecting Party.
    6. The inspected Party shall provide parking, security 
protection, servicing and fuel for the airplane of the 
inspecting Party at the point of entry. The inspecting Party 
shall bear the cost of such fuel and servicing.
    7. For inspections conducted on the territory of the 
Parties, the inspection team shall enter at the point of entry 
on the territory of the inspected Party that is closest to the 
inspection site. In the case of inspections carried out in 
accordance with paragraph 3, 4 or 5 of Article XI of the 
Treaty, the inspection team leader shall, at or before the time 
notified pursuant to paragraph 1(a)(iii) of Section IV of this 
Protocol, inform the inspected Party at the point of entry 
through the in-country escort of the type of inspection and the 
inspection site, by place-name and geographic coordinates.

              vi. general rules for conducting inspections

    1. Inspectors shall discharge their functions in accordance 
with this Protocol.
    2. Inspectors shall not disclose information received 
during inspections except with the express permission of the 
inspecting Party. They shall remain bound by this obligation 
after their assignment as inspectors has ended.
    3. In discharging their functions, inspectors shall not 
interfere directly with on-going activities at the inspection 
site and shall avoid unnecessarily hampering or delaying the 
operation of a facility or taking actions affecting its safe 
operation.
    4. Inspections shall be conducted in accordance with the 
objectives set forth in Article XI of the Treaty as applicable 
for the type of inspection specified by the inspecting Party 
under paragraph 1(b) of Section IV or paragraph 7 of Section V 
of this Protocol.
    5. The in-country escort shall have the right to accompany 
and assist inspectors and aircrew members as considered 
necessary by the inspected Party throughout the in-country 
period. Except as otherwise provided in this Protocol, the 
movement and travel of inspectors and aircrew members shall be 
at the discretion of the in-country escort.
    6. Inspectors carrying out inspection activities pursuant 
to paragraph 6 of Article XI of the Treaty shall be allowed to 
travel within 50 kilometers from the inspection site with the 
permission of the in-country escort, and as considered 
necessary by the inspected Party, shall be accompanied by the 
in-country escort. Such travel shall be taken solely as a 
leisure activity.
    7. Inspectors shall have the right throughout the period of 
inspection to be in communication with the embassy of the 
inspecting Party located within the territory of the country 
where the inspection is taking place using the telephone 
communications provided by the inspected Party.
    8. At the inspection site, representatives of the inspected 
facility shall be included among the in-country escort.
    9. The inspection team may bring onto the inspection site 
such documents as needed to conduct the inspection, as well as 
linear measurement devices; cameras; portable weighing devices; 
radiation detection devices; and other equipment, as agreed by 
the Parties. The characteristics and method of use of the 
equipment listed above, shall also be agreed upon within 30 
days after entry into force of the Treaty. During inspections 
conducted pursuant to paragraph 3, 4, 5(a), 7 or 8 of Article 
XI of the Treaty, the inspection team may use any of the 
equipment listed above, except for cameras, which shall be for 
use only by the inspected Party at the request of the 
inspecting Party. During inspections conducted pursuant to 
paragraph 5(b) of Article XI of the Treaty, all measurements 
shall be made by the inspected Party at the request of the 
inspecting Party. At the request of inspectors, the in-country 
escort shall take photographs of the inspected facilities using 
the inspecting Party's camera systems which are capable of 
producing duplicate, instant development photographic prints. 
Each Party shall receive one copy of every photograph.
    10. For inspections conducted pursuant to paragraphs 3, 4, 
5, 7 or 8 of Article XI of the Treaty, inspectors shall permit 
the in-country escort to observe the equipment used during the 
inspection by the inspection team.
    11. Measurements recorded during inspections shall be 
certified by the signature of a member of the inspection team 
and a member of the in-country escort when they are taken. Such 
certified data shall be included in the inspection report.
    12. Inspectors shall have the right to request 
clarifications in connection with ambiguities that arise during 
an inspection. Such requests shall be made promptly through the 
in-country escort. The in-country escort shall provide the 
inspection team, during the inspection, with such 
clarifications as may be necessary to remove the ambiguity. In 
the event questions relating to an object or building located 
within the inspection site are not resolved, the inspected 
Party shall photograph the object or building as requested by 
the inspecting Party for the purpose of clarifying its nature 
and function. If the ambiguity cannot be removed during the 
inspection, then the question, relevant clarifications and a 
copy of any photographs taken shall be included in the 
inspection report.
    13. In carrying out their activities, inspectors shall 
observe safety regulations established at the inspection site, 
including those for the protection of controlled environments 
within a facility and for personal safety. Individual 
protective clothing and equipment shall be provided by the 
inspected Party, as necessary.
    14. For inspections pursuant to paragraphs 3, 4, 5, 7 or 8 
of Article XI of the Treaty, pre-inspection procedures, 
including briefings and safety-related activities, shall begin 
upon arrival of the inspection team at the inspection site and 
shall be completed within one hour. The inspection team shall 
begin the inspection immediately upon completion of the pre-
inspection procedures. The period of inspection shall not 
exceed 24 hours, except for inspections pursuant to paragraph 
6, 7, or 8 of Article XI of the Treaty. The period of 
inspection may be extended, by agreement with the in-country 
escort, by no more than eight hours. Post-inspection 
procedures, which include completing the inspection report in 
accordance with the provisions of Section XI of this Protocol, 
shall begin immediately upon completion of the inspection and 
shall be completed at the inspection site within four hours.
    15. An inspection team conducting an inspection pursuant to 
Article XI of the Treaty shall include no more than ten 
inspectors, except for an inspection team conducting an 
inspection pursuant to paragraphs 7 or 8 of that Article, which 
shall include no more than 20 inspectors and an inspection team 
conducting inspection activities pursuant to paragraph 6 of 
that Article, which shall include no more than 30 inspectors. 
At least two inspectors on each team must speak the language of 
the inspected Party. An inspection team shall operate under the 
direction of the team leader and deputy team leader. Upon 
arrival at the inspection site, the inspection team may divide 
itself into subgroups consisting of no fewer than two 
inspectors each. There shall be no more than one inspection 
team at an inspection site at any time.
    16. Except in the case of inspections conducted pursuant to 
paragraphs 3, 4, 7 or 8 of Article XI of the Treaty, upon 
completion of the post-inspection procedures, the inspection 
team shall return promptly to the point of entry from which it 
commenced inspection activities and shall then leave, within 24 
hours, the territory of the country in which the inspection 
site is located, using its own airplane. In the case of 
inspections conducted pursuant to paragraphs 3, 4, 7 or 8 of 
Article XI of the Treaty, if the inspection team intends to 
conduct another inspection it shall either:
          (a) notify the inspected Party of its intent upon 
        return to the point of entry; or
          (b) notify the inspected Party of the type of 
        inspection and the inspection site upon completion of 
        the post-inspection procedures. In this case it shall 
        be the responsibility of the inspected Party to ensure 
        that the inspection team reaches the next inspection 
        site without unjustified delay. The inspected Party 
        shall determine the means of transportation and route 
        involved in such travel.
With respect to subparagraph (a), the procedures set forth in 
paragraph 7 of Section V of this Protocol and paragraphs 1 and 
2 of Section VII of this Protocol shall apply.

vii. inspections conducted pursuant to paragraphs 3, 4 or 5 of article 
                            xi of the treaty

    1. Within one hour after the time for the specification of 
the inspection site notified pursuant to paragraph 1(a) of 
Section IV of this Protocol, the inspected Party shall 
implement pre-inspection movement restrictions at the 
inspection site, which shall remain in effect until the 
inspection team arrives at the inspection site. During the 
period that pre-inspection movement restrictions are in effect, 
missiles, stages of such missiles, launchers or support 
equipment subject to the Treaty shall not be removed from the 
inspection site.
    2. The inspected Party shall transport the inspection team 
from the point of entry to the inspection site so that the 
inspection team arrives at the inspection site no later than 
nine hours after the time for the specification of the 
inspection site notified pursuant to paragraph 1(a) of Section 
IV of this Protocol.
    3. In the event that an inspection is conducted in a basing 
country, the aircrew of the inspected Party may include 
representatives of the basing country.
    4. Neither Party shall conduct more than one inspection 
pursuant to paragraph 5(b) of Article XI of the Treaty at any 
one time, more than one inspection pursuant to paragraph 5(b) 
of Article XI of the Treaty at any one time, or more than 10 
inspections pursuant to paragraph 3 of Article XI of the Treaty 
at any one time.
    5. The boundaries of the inspection site at the facility to 
be inspected shall be the boundaries of that facility set forth 
in the Memorandum of Understanding.
    6. Except in the case of an inspection conducted pursuant 
to paragraphs 4 or 5(b) of Article XI of the Treaty, upon 
arrival of the inspection team at the inspection site, the in-
country escort shall inform the inspection team leader of the 
number of missiles, stages of missiles, launchers, support 
structures and support equipment at the site that are subject 
to the Treaty and provide the inspection team leader with a 
diagram of the inspection site indicating the location of these 
missiles, stages of missiles, launchers, support structures and 
support equipment at the inspection site.
    7. Subject to the procedures of paragraphs 8 through 14 of 
this Section, inspectors shall have the right to inspect the 
entire inspection site, including the interior of structures, 
containers or vehicles, or including covered objects, whose 
dimensions are equal to or greater than the dimensions 
specified in Section VI of the Memorandum of Understanding for 
the missiles, stages of such missiles, launchers or support 
equipment of the inspected Party.
    8. A missile, a stage of such a missile or a launcher 
subject to the Treaty shall be subject to inspection only by 
external visual observation, including measuring, as necessary, 
the dimensions of such a missile, stage of such a missile or 
launcher. A container that the inspected Party declares to 
contain a missile or stage of a missile subject to the Treaty, 
and which is not sufficiently large to be capable of containing 
more than one missile or stage of such a missile of the 
inspected Party subject to the Treaty, shall be subject to 
inspection only by external visual observation, including 
measuring, as necessary, the dimensions of such a container to 
confirm that it cannot contain more than one missile or stage 
of such a missile of the inspected Party subject to the Treaty. 
Except as provided for in paragraph 14 of this Section, a 
container that is sufficiently large to contain a missile or 
stage of such a missile of the inspected Party subject to the 
Treaty that the inspected Party declares not to contain a 
missile or stage of such a missile subject to the Treaty shall 
be subject to inspection only by means of weighing or visual 
observation of the interior of the container, as necessary, to 
confirm that it does not, in fact, contain a missile or stage 
of such a missile of the inspected Party subject to the Treaty. 
If such a container is a launch canister associated with a type 
of missile not subject to the Treaty, and declared by the 
inspected Party to contain such a missile, it shall be subject 
to external inspection only, including use of radiation 
detection devices, visual observation and linear measurement, 
as necessary, of the dimensions of such a canister.
    9. A structure or container that is not sufficiently large 
to contain a missile, stage of such a missile or launcher of 
the inspected Party subject to the Treaty shall be subject to 
inspection only by external visual observation including 
measuring, as necessary, the dimensions of such a structure or 
container to confirm that it is not sufficiently large to be 
capable of containing a missile, stage of such a missile or 
launcher of the inspected Party subject to the Treaty.
    10. Within a structure, a space which is sufficiently large 
to contain a missile, stage of such a missile or launcher of 
the inspected Party subject to the Treaty, but which is 
demonstrated to the satisfaction of the inspection team not to 
be accessible by the smallest missile, stage of a missile or 
launcher of the inspected Party subject to the Treaty shall not 
be subject to further inspection. If the inspected Party 
demonstrates to the satisfaction of the inspection team by 
means of a visual inspection of the interior of an enclosed 
space from its entrance that the enclosed space does not 
contain any missile, stage of such a missile or launcher of the 
inspected Party subject to the Treaty, such an enclosed space 
shall not be subject to further inspection.
    11. The inspection team shall be permitted to patrol the 
perimeter of the inspection site and station inspectors at the 
exits of the site for the duration of the inspection.
    12. The inspection team shall be permitted to inspect any 
vehicle capable of carrying missiles, stages of such missiles, 
launchers or support equipment of the inspected Party subject 
to the Treaty at any time during the course of an inspection 
and no such vehicle shall leave the inspection site during the 
course of the inspection until inspected at site exits by the 
inspection team.
    13. Prior to inspection of a building within the inspection 
site, the inspection team may station subgroups at the exits of 
the building that are large enough to permit passage of any 
missile, stage of such a missile, launcher or support equipment 
of the inspected Party subject to the Treaty. During the time 
that the building is being inspected, no vehicle or object 
capable of containing any missile, stage of such a missile, 
launcher or support equipment of the inspected Party subject to 
the Treaty shall be permitted to leave the building until 
inspected.
    14. During an inspection conducted pursuant to paragraph 
5(b) of Article XI of the Treaty, it shall be the 
responsibility of the inspected Party to demonstrate that a 
shrouded or environmentally protected object which is equal to 
or larger than the smallest missile, stage of a missile or 
launcher of the inspected Party subject to the Treaty is not, 
in fact, a missile, stage of such a missile or launcher of the 
inspected Party subject to the Treaty. This may be accomplished 
by partial removal of the shroud or environmental protection 
cover, measuring, or weighing the covered object or by other 
methods. If the inspected Party satisfies the inspection team 
by its demonstration that the object is not a missile, stage of 
such a missile or launcher of the inspected Party subject to 
the Treaty, then there shall be no further inspection of that 
object. If the container is a launch canister associated with a 
type of missile not subject to the Treaty, and declared by the 
inspected Party to contain such a missile, then it shall be 
subject to external inspection only, including use of radiation 
detection devices, visual observation and linear measurement, 
as necessary, of the dimensions of such a canister.

viii. inspections conducted pursuant to paragraphs 7 or 8 of article xi 
                             of the treaty

    1. Inspections of the process of elimination of items of 
missile systems specified in the Protocol on Elimination 
carried out pursuant to paragraph 7 of Article XI of the Treaty 
shall be conducted in accordance with the procedures set forth 
in this paragraph and the Protocol on Elimination.
          (a) Upon arrival at the elimination facility, 
        inspectors shall be provided with a schedule of 
        elimination activities.
          (b) Inspectors shall check the data which are 
        specified in the notification provided by the inspected 
        Party regarding the number and type of items of missile 
        systems to be eliminated against the number and type of 
        such items which are at the elimination facility prior 
        to the initiation of the elimination procedures.
          (c) Subject to paragraphs 3 and 11 of Section VI of 
        this Protocol, inspectors shall observe the execution 
        of the specific procedures for the elimination of the 
        items of missile systems as provided for in the 
        Protocol on Elimination. If any deviations from the 
        agreed elimination procedures are found, the inspectors 
        shall have the right to call the attention of the in-
        country escort to the need for strict compliance with 
        the above-mentioned procedures. The completion of such 
        procedures shall be confirmed in accordance with the 
        procedures specified in the Protocol on Elimination.
          (d) During the elimination of missiles by means of 
        launching, the inspectors shall have the right to 
        ascertain by visual observation that a missile prepared 
        for launch is a missile of the type subject to 
        elimination. The inspectors shall also be allowed to 
        observe such a missile from a safe location specified 
        by the inspected Party until the completion of its 
        launch. During the inspection of a series of launches 
        for the elimination of missiles by means of launching, 
        the inspected Party shall determine the means of 
        transport and route for the transportation of 
        inspectors between inspection sites.
    2. Inspections of the elimination of items of missile 
systems specified in the Protocol on Elimination carried out 
pursuant to paragraph 8 of Article XI of the Treaty shall be 
conducted in accordance with the procedures set forth in 
Sections II, IV or V of the Protocol on Elimination or as 
otherwise agreed by the Parties.

ix. inspection activities conducted pursuant to paragraph 6 of article 
                            xi of the treaty

    1. The inspected Party shall maintain an agreed perimeter 
around the periphery of the inspection site and shall designate 
a portal with not more than one rail line and one road which 
shall be within 50 meters of each other. All vehicles which can 
contain an intermediate-range GLBM or longest stage of such a 
GLBM of the inspected Party shall exit only through this 
portal.
    2. For the purposes of this Section, the provisions of 
paragraph 10 of Article VII of the Treaty shall be applied to 
intermediate-range GLBMs of the inspected Party and the longest 
stage of such GLBMs.
    3. There shall not be more than two other exits from the 
inspection site. Such exits shall be monitored by appropriate 
sensors. The perimeter of and exits from the inspection site 
may be monitored as provided for by paragraph 11 of Section VII 
of this Protocol.
    4. The inspecting Party shall have the right to establish 
continuous monitoring systems at the portal specified in 
paragraph 1 of this Section and appropriate sensors at the 
exits specified in paragraph 3 of this Section and carry out 
necessary engineering surveys, construction, repair and 
replacement of monitoring systems.
    5. The inspected Party shall, at the request of and at the 
expense of the inspecting Party, provide the following:
          (a) all necessary utilities for the construction and 
        operation of the monitoring systems, including 
        electrical power, water, fuel, heating and sewage;
          (b) basic construction materials including concrete 
        and lumber;
          (c) the site preparation necessary to accommodate the 
        installation of continuously operating systems for 
        monitoring the portal specified in paragraph 1 of this 
        Section, appropriate sensors for other exits specified 
        in paragraph 3 of this Section and the center for 
        collecting data obtained during inspections. Such 
        preparation may include ground excavation, laying of 
        concrete foundations, trenching between equipment 
        locations and utility connections;
          (d) transportation for necessary installation tools, 
        materials and equipment from the point of entry to the 
        inspection site; and
          (e) a minimum of two telephone lines and, as 
        necessary, high frequency radio equipment capable of 
        allowing direct communication with the embassy of the 
        inspecting Party in the country in which the site is 
        located.
    6. Outside the perimeter of the inspection site, the 
inspecting Party shall have the right to:
          (a) build no more than three buildings with a total 
        floor space of not more than 150 square meters for a 
        data center and inspection team headquarters, and one 
        additional building with floor space not to exceed 500 
        square meters for the storage of supplies and 
        equipment;
          (b) install systems to monitor the exits to include 
        weight sensors, vehicle, sensors, surveillance systems 
        and vehicle dimensional measuring equipment;
          (c) install at the portal specified in paragraph 1 of 
        this Section equipment for measuring the length and 
        diameter of missile stages contained inside of launch 
        canisters or shipping containers;
          (d) install at the portal specified in paragraph 1 of 
        this Section non-damaging image producing equipment for 
        imaging the contents of launch canisters or shipping 
        containers declared to contain missiles or missile 
        stages as provided for in paragraph 11 of this Section;
          (e) install a primary and back-up power source and
          (f) use, as necessary, data authentication devices.
    7. During the installation or operation of the monitoring 
systems, the inspecting Party shall not deny the inspected 
Party access to any existing structures or security systems. 
The inspecting Party shall not take any actions with respect to 
such structures without consent of the inspected Party. If the 
Parties agree that such structures are to be rebuilt or 
demolished, either partially or completely, the inspecting 
Party shall provide the necessary compensation.
    8. The inspected Party shall not interfere with the 
installed equipment or restrict the access of the inspection 
team to such equipment.
    9. The inspecting Party shall have the right to use its own 
two-way systems of radio communication between inspectors 
patrolling the perimeter and the data collection center. Such 
systems shall conform to power and frequency restrictions 
established on the territory of the inspected Party.
    10. Aircraft shall not be permitted to land within the 
perimeter of the monitored site except for emergencies at the 
site and with prior notification to the inspection team.
    11. Any shipment existing through the portal specified in 
paragraph 1 of this Section which is large enough and heavy 
enough to contain an intermediate-range GLBM or longest stage 
of such a GLBM of the inspected Party shall be declared by the 
inspected Party to the inspection team before the shipment 
arrives at the portal. The declaration shall state whether such 
a shipment contains a missile or missile stage as large or 
larger than and as heavy or heavier than an intermediate-range 
GLBM or longest stage of such a GLBM of the inspected Party.
    12. The inspection team shall have the right to weight and 
measure the dimensions of any vehicle, including railcars, 
exiting the site to ascertain whether it is large enough and 
heavy enough to contain an intermediate-range GLBM or longest 
stage of such a GLBM of the inspected Party. These measurements 
shall be performed so as to minimize the delay of vehicles 
exiting the site. Vehicles that are either not large enough or 
not heavy enough to contain an intermediate-range GLBM or 
longest stage of such a GLBM of the inspected Party shall not 
be subject to further inspection.
    13. Vehicles exiting through the portal specified in 
paragraph 1 of this Section that are large enough and heavy 
enough to contain an intermediate-range GLBM or longest stage 
of such a GLBM of the inspected Party but that are declared not 
to contain a missile or missile stage as large or larger than 
and as heavy or heavier than an intermediate-range GLBM or 
longest stage of such a GLBM of the inspected Party shall be 
subject to the following procedures.
          (a) The inspecting Party shall have the right to 
        inspect the interior of all such vehicles.
          (b) If the inspecting Party can determine by visual 
        observation or dimensional measurement that, inside a 
        particular vehicle, there are no containers or shrouded 
        objects large enough to be or to contain an 
        intermediate-range GLBM or longest stage of such a GLBM 
        of the inspected Party, then that vehicle shall not be 
        subject to further inspection.
          (c) If inside a vehicle there are one or more 
        containers or shrouded objects large enough to be or to 
        contain an intermediate-range GLBM or longest stage of 
        such a GLBM of the inspected Party, it shall be the 
        responsibility of the inspected Party to demonstrate 
        that such containers or shrouded objects are not and do 
        not contain intermediate-range GLBMs or the longest 
        stages of such GLBMs of the inspected Party.
    14. Vehicles exiting through the portal specified in 
paragraph 1 of this Section that are declared to contain a 
missile or missile stage as large or larger than and as heavy 
or heavier than an intermediate-range GLBM or longest stage of 
such a GLBM of the inspected Party shall be subject to the 
following procedures.
          (a) The inspecting Party shall preserve the integrity 
        of the inspected missile or stage of a missile.
          (b) Measuring equipment shall be placed only outside 
        of the launch canister or shipping container; all 
        measurements shall be made by the inspecting Party 
        using the equipment provided for in paragraph 6 of this 
        Section. Such measurements shall be observed and 
        certified by the in-country escort.
          (c) The inspecting Party shall have the right to 
        weigh and measure the dimensions of any launch canister 
        or of any shipping container declared to contain such a 
        missile or missile stage and to image the contents of 
        any launch canister or of any shipping container 
        declared to contain such a missile or missile stage; it 
        shall have the right to view such missiles or missile 
        stages contained in launch canisters or shipping 
        containers eight times per calendar year. The in-
        country escort shall be present during all phases of 
        such viewing. During such interior viewing:
                  (i) the front end of the launch canister or 
                the cover of the shipping container shall be 
                opened;
                  (ii) the missile or missile stage shall not 
                be removed from its launch canister or shipping 
                container; and
                  (iii) the length and diameter of the stages 
                of the missile shall be measured in accordance 
                with the methods agreed by the Parties so as to 
                ascertain that the missile or missile stage is 
                not an intermediate-range GLBM of the inspected 
                Party, or the longest stage of such a GLBM, and 
                that the missile has no more than one stage 
                which is outwardly similar to a stage of an 
                existing type of intermediate-range GLBM.
          (d) The inspecting Party shall also have the right to 
        inspect any other containers or shrouded objects inside 
        the vehicle containing such a missile or missile stage 
        in accordance with the procedures in paragraph 13 of 
        this Section.

                     x. cancellation of inspection

    An inspection shall be canceled if, due to circumstances 
brought about by force majeure, it cannot be carried out. In 
the case of a delay that prevents an inspection team performing 
an inspection pursuant to paragraphs 3, 4 or 5 of Article XI of 
the Treaty, from arriving at the inspection site during the 
time specified in paragraph 2 of Section VII of this Protocol, 
the inspecting Party may either cancel or carry out the 
inspection. If an inspection is canceled due to circumstances 
brought about by force majeure or delay, then the number of 
inspections to which the inspecting Party is entitled shall not 
be reduced.

                         xi. inspection report

    1. For inspections conducted pursuant to paragraphs 3, 4, 
5, 7 or 8 of Article XI of the Treaty, during post-inspection 
procedures, and no later than two hours after the inspection 
has been completed, the inspection team leader shall provide 
the in-country escort with a written inspection report in both 
the English and Russian languages. The report shall be factual. 
It shall include the type of inspection carried out, the 
inspection site, the number of missiles, stages of missiles, 
launchers and items of support equipment subject to the Treaty 
observed during the period of inspection and any measurements 
recorded pursuant to paragraph 10 of Section VI of this 
Protocol. Photographs taken during the inspection in accordance 
with agreed procedures, as well as the inspection site diagram 
provided for by paragraph 6 of Section VII of this Protocol, 
shall be attached to this report.
    2. For inspection activities conducted pursuant to 
paragraph 6 of Article XI of the Treaty, within 3 days after 
the end of each month, the inspection team leader shall provide 
the in-country escort with a written inspection report both in 
the English and Russian languages. The report shall be factual. 
It shall include the number of vehicles declared to contain a 
missile or stage of a missile as large or larger than and as 
heavy or heavier than an intermediate-range GLBM or longest 
stage of such a GLBM of the inspected Party that left the 
inspection site through the portal specified in paragraph 1 of 
Section IX of this Protocol during that month. The report shall 
also include any measurements of launch canisters or shipping 
containers contained in these vehicles recorded pursuant to 
paragraph 11 of Section VI of this Protocol. In the event the 
inspecting Party, under the provisions of paragraph 14(c) of 
Section IX of this Protocol, has viewed the interior of a 
launch canister or shipping container declared to contain a 
missile or stage of a missile as large or larger than and as 
heavy or heavier than an intermediate-range GLBM or longest 
stage of such a GLBM of the inspected Party, the report shall 
also include the measurements of the length and diameter of 
missile stages obtained during the inspection and recorded 
pursuant to paragraph 11 of Section VI of this Protocol. 
Photographs taken during the inspection in accordance with 
agreed procedures shall be attached to this report.
    3. The inspected Party shall have the right to include 
written comments in the report.
    4. The Parties shall, when possible, resolve ambiguities 
regarding factual information contained in the inspection 
report. Relevant clarifications shall be recorded in the 
report. The report shall be signed by the inspection team 
leader and by one of the members of the in-country escort. Each 
Party shall retain one copy of the report.
    This Protocol is an integral part of the Treaty. It shall 
enter into force on the date of entry into force of the Treaty 
and shall remain in force as long as the Treaty remains in 
force. As provided for in paragraph 1(b) of Article XIII of the 
Treaty, the Parties may agree upon such measures as may be 
necessary to improve the viability and effectiveness of this 
Protocol. Such measures shall not be deemed amendments to the 
Treaty.
    Done at Washington on December 8, 1987, in two copies, each 
in the English and Russian languages, both texts being equally 
authentic.

    For the United States of America:
                                             Ronald Reagan,
                         President of the United States of America.

    For the Union of Soviet Socialist Republics:
                                               M Gorbachev,
            General Secretary of the Central Committee of the CPSU.
                              ----------                              


   Annex--Provisions on Privileges and Immunities of Inspectors and 
                            Aircrew Members

    In order to exercise their functions effectively, for the 
purpose of implementing the Treaty and not for their personal 
benefit, the inspectors and aircrew members referred to in 
Section III of this Protocol shall be accorded the privileges 
and immunities contained in this Annex. Privileges and 
immunities shall be accorded for the entire in-country period 
in the country in which an inspection site is located, and 
thereafter with respect to acts previously performed in the 
exercise of official functions as an inspector or aircrew 
member.
    1. Inspectors and aircrew members shall be accorded the 
inviolability enjoyed by diplomatic agents pursuant to Article 
29 of the Vienna Convention of Diplomatic Relations of April 
18, 1961.
    2. The living quarters and office premises occupied by an 
inspector carrying out inspection activities pursuant to 
paragraph 6 of Article XI of the Treaty shall be accorded the 
inviolability and protection accorded the premises of 
diplomatic agents pursuant to Article 30 of the Vienna 
Convention of Diplomatic Relations.
    3. The papers and correspondence of inspectors and aircrew 
members shall enjoy the inviolability accorded to the papers 
and correspondence of diplomatic agents pursuant to Article 30 
of the Vienna Convention of Diplomatic Relations. In addition, 
the aircraft of the inspection team shall be inviolable.
    4. Inspectors and aircrew members shall be accorded the 
immunities accorded diplomatic agents pursuant to paragraphs 1, 
2 and 3 of Article 31 of the Vienna Convention on Diplomatic 
Relations. The immunity from jurisdiction of an inspector or an 
aircrew member may be waived by the inspecting Party in those 
cases when it is of the opinion that immunity would impede the 
course of justice and that it can be waived without prejudice 
to the implementation of the provisions of the Treaty. Waiver 
must always be express.
    5. Inspectors carrying out inspection activities pursuant 
to paragraph 6 of Article XI of the Treaty shall be accorded 
the exemption from dues and taxes accorded to diplomatic agents 
pursuant to Article 34 of the Vienna Convention on Diplomatic 
Relations.
    6. Inspectors and aircrew members of a Party shall be 
permitted to bring into the territory of the other Party or a 
basing country in which an inspection site is located, without 
payment of any customs duties or related charges, articles for 
their personal use, with the exception of articles the import 
or export of which is prohibited by law or controlled by 
quarantine regulations.
    7. An inspector or aircrew member shall not engage in any 
professional or commercial activity for personal profit on the 
territory of the inspected Party or that of the basing 
countries.
    8. If the inspected Party considers that there has been an 
abuse of privileges and immunities specified in this Annex, 
consultations shall be held between the Parties to determine 
whether such an abuse has occurred and, if so determined, to 
prevent a repetition of such an abuse.

                             [Photographs]
  b. Agreement Among the United States of America and the Kingdom of 
 Belgium, the Federal Republic of Germany, the Republic of Italy, the 
Kingdom of the Netherlands and the United Kingdom of Great Britain and 
 Northern Ireland Regarding Inspections Relating to the Treaty Between 
    the United States of America and the Union of Soviet Socialist 
 Republics on the Elimination of Their Intermediate-Range and Shorter-
  Range Missiles and the Notes Exchanged Between the United States of 
   America and both the German Democratic Republic and Czechoslovakia

 Agreement signed at Brussels, December 11, 1987; Entered into force, 
                            June 1, 1988 \1\

    The United States of America, the Kingdom of Belgium, the 
Federal Republic of Germany, the Republic of Italy, the Kingdom 
of the Netherlands, and the United Kingdom of Great Britain and 
Northern Ireland, noting the terms agreed between the United 
States of America and the Union of Soviet Socialist Republics 
for the elimination of their intermediate-range and shorter-
range missiles,
---------------------------------------------------------------------------
    \1\ This Agreement entered into force simultaneously with the entry 
into force of the Treaty and will remain in force for 13 years.

    Have agreed as follows:

                     article i--general obligations

    1. Inspection activities related to Article XI of the 
Treaty between the United States of America and the Union of 
Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range and Shorter-Range Missiles, signed at 
Washington on December 8, 1987, may take place on the territory 
of the Kingdom of Belgium, the Federal Republic of Germany, the 
Republic of Italy, the Kingdom of the Netherlands and the 
United Kingdom of Great Britain and Northern Ireland and shall 
be carried out in accordance with the requirements, procedures 
and arrangements set forth in the Protocol Regarding 
Inspections Relating to the Treaty between the United States of 
America and the Union of Soviet Socialist Republics on the 
Elimination of Their Intermediate-Range and Shorter-Range 
Missiles and this Agreement.
    2. The Kingdom of Belgium, the Federal Republic of Germany, 
the Republic of Italy, the Kingdom of the Netherlands and the 
United Kingdom of Great Britain and Northern Ireland, 
hereinafter the Basing Countries, hereby agree to facilitate 
the implementation by the United States of America of its 
obligations under the Treaty, including the Inspection Protocol 
thereto, on their territories in accordance with the 
requirements, procedures and arrangements set forth in this 
Agreement.
    3. Except as herein agreed by the United States of America 
and the Basing Countries, nothing shall affect the sovereign 
authority of each state to enforce its laws and regulations 
with respect to persons entering, and activities taking place 
within, its jurisdiction.
    4. The Basing Countries do not by this Agreement assume any 
obligations or grant any rights deriving from the Treaty or the 
Inspection Protocol other than those expressly undertaken or 
granted in this Agreement or otherwise with their specific 
consent.
    5. The United States of America:
         a) Remains fully responsible towards the Soviet Union 
        for the implementation of its obligations under the 
        Treaty and the Inspection Protocol in respect of United 
        States facilities located on the territories of the 
        Basing Countries;
         b) Undertakes on request at any time to take such 
        action, in exercise of its rights under the Treaty, 
        including the Inspection Protocol, as may be required 
        to protect and preserve the rights of the Basing 
        Countries under this Agreement.

                        article ii--definitions

    For purposes of the present Agreement:
    1. The term ``Treaty'' means the Treaty between the United 
States of America and the Union of Soviet Socialist Republics 
on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles;
    2. The term ``Inspection Protocol'' means the Protocol 
Regarding Inspections Relating to the Treaty between the United 
States of America and the Union of Soviet Socialist Republics 
on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles;
    3. The term ``Inspected Party'' means the United States of 
America;
    4. The term ``Inspecting Party'' means the Union of Soviet 
Socialist Republics;
    5. The term ``inspection team'' means those inspectors 
designated by the Inspecting Party to conduct a particular 
inspection activity;
    6. The term ``inspector'' means an individual proposed by 
the Union of Soviet Socialist Republics to carry out 
inspections pursuant to Article XI of the Treaty, and included 
on its list of inspectors in accordance with Section III of the 
Inspection Protocol;
    7. The term ``diplomatic aircrew escort'' means that 
individual accredited to the government of the Basing Country 
in which the inspection site is located who is designated by 
the Inspecting Party to assist the aircrew of the Inspecting 
Party;
    8. The term ``inspection site'' means the area, facility, 
or location in a Basing Country at which an inspection provided 
for in Article XI of the Treaty is carried out;
    9. The term ``period of inspection'' mean the period from 
initiation of the inspection at the inspection site until 
completion of the inspection at the inspection site, exclusive 
of time spent on any pre- and post-inspection procedures;
    10. The term ``point of entry'' means: in respect of 
Belgium, Brussels (National); in respect of the Federal 
Republic of Germany, Frankfurt (Rhein Main Airbase); in respect 
of Italy, Rome (Ciampino); in respect of the Kingdom of the 
Netherlands, Schiphol; and in respect of the United Kingdom of 
Great Britain and Northern Ireland, RAF Greenham Common;
    11. The term ``in-country period'' means the period from 
the arrival of the inspection team at the point of entry until 
departure of the inspection team from the point of entry to 
depart the country;
    12. The term ``in-country escort'' means the official or 
officials specified by the Inspected Party, one or more of whom 
may be nominated by the Basing Country within whose territory 
the inspection site is located, who shall accompany an 
inspection team throughout the in-country period and provide 
appropriate assistance to an inspection team, in accordance 
with the provisions of the Inspection Protocol, throughout the 
in-country period;
    13. The term ``aircrew member'' means an individual, other 
than the members of an inspection team, diplomatic aircrew 
escort and in-country escort, on the aircraft of the Inspecting 
Party. The number of aircrew members per aircraft shall not 
exceed ten.

                       article iii--notifications

    1. Upon entry into force of this Agreement, the Inspected 
Party and each Basing Country shall establish channels which 
shall be available to receive and acknowledge receipt of 
notifications on a 24-hour continuous basis.
    2. Immediately upon receipt of notice from the Inspecting 
Party of its intention to conduct an inspection in a Basing 
Country, the Inspected Party shall notify the Basing Country 
concerned thereof and of the date and estimated time of arrival 
of the inspection team at the point of entry, the date and 
estimated time of departure from the point of entry to the 
inspection site, the names of the aircrew and inspection team 
members, the flight plan (including the type of aircraft as 
specified therein) filed by the Inspecting Party in accordance 
with the International Civil Aviation Organization, hereinafter 
ICAO, procedures applicable to civil aircraft, and any other 
information relevant to the inspection provided by the 
Inspecting Party.
    3. No less than one hour prior to the estimated time of 
departure of the inspection team from the point of entry for 
the inspection site, or in the case of successive inspections 
conducted pursuant to paragraphs 3, 4, 7 of 8 of Article XI of 
the Treaty no less than one hour prior to the inspection team's 
departure from an inspection site for another inspection site, 
the Inspected Party shall inform the Basing Country of the 
inspection site, described by place name and geographic 
coordinates, at which the inspection will be carried out.

                article iv--pre-inspection arrangements

    1. The Inspected Party shall provide the Basing Countries 
with the initial lists of inspectors and aircrew members, or 
any modification thereto, proposed by the Inspecting Party 
immediately upon receipt thereof. Within 15 days of receipt of 
the initial lists or proposed additions thereto, each Basing 
Country shall notify the Inspected Party if it objects to the 
inclusion of any inspector or aircrew member on the basis that 
such individual had ever committed a criminal offense on the 
territory of the Inspected Party or the Basing Country, or been 
sentenced for committing a criminal offense or expelled by the 
Inspected Party or the Basing Country. The Inspected Party 
shall thereupon exercise its right under the Inspection 
Protocol to prevent the named individual from serving as an 
inspector or aircrew member.
    2. Within 25 days of receipt of the initial lists of 
inspectors or aircrew members, or of any subsequent change 
thereto, each Basing Country shall provide such visas and 
related documentation as may be necessary to ensure that each 
inspector or aircrew member may enter its territory for the 
purpose of carrying out inspection activities in accordance 
with the provisions of the Treaty and the Inspection Protocol. 
Such visas and documentation shall be valid for a period of at 
least 24 months. The Inspected Party shall immediately notify 
the Basing Countries of the removal of any individual from the 
Inspecting Party's lists of inspectors or aircrew members, and 
the Basing Countries may thereupon cancel forthwith any visas 
and related documentation issued to such person pursuant to 
this paragraph.
    3. Within 25 days after entry into force of this Agreement, 
each Basing Country shall inform the Inspected Party of the 
standing diplomatic clearance number for the aircraft of the 
Inspecting Party which will transport inspectors and equipment 
into its territory. At the same time each Basing Country shall 
inform the Inspected Party of the established international 
airways along which aircraft of the Inspecting Party shall 
enter the airspace of the Basing Country for the purpose of 
carrying out inspection activities under the Treaty.
    4. Each Basing Country shall accord inspectors and aircrew 
members of the Inspecting Party entering its territory for the 
purpose of conducting inspection activities pursuant to the 
Treaty, including the Inspection Protocol, the privileges and 
immunities set forth in the Privileges and Immunities Annex to 
this Agreement. In the event the Inspecting Party refuses or 
fails to carry out its obligation under Section III, paragraph 
7 of the Inspection Protocol to remove an inspector or aircrew 
member who has violated the conditions governing inspections, 
the inspector or aircrew member may be refused continued 
recognition as being entitled to such privileges and 
immunities.
    5. Each Basing Country shall issue, at the point of entry, 
appropriate authorizations waiving customs duties and 
expediting customs processing requirements in respect of all 
equipment relating to inspection activities.
    6. Each Basing Country shall provide, if requested, 
facilities at the point of entry for lodging and the provision 
of food for inspectors and aircrew members.
    7. The Basing Country in which the inspection is to take 
place shall have the right to examine jointly with the 
Inspected Party each item of equipment brought in by the 
Inspecting Party to ascertain that the equipment cannot be used 
to perform functions unconnected with the inspection 
requirements of the Treaty. If it is established upon 
examination that a piece of equipment is unconnected with these 
inspection requirements, it shall not be cleared for use and 
shall be impounded at the point of entry until the departure of 
the inspection team from the country.

                   article v--conduct of inspections

    1. Within 90 minutes of receipt from the Inspected Party of 
notification that a flight plan for an aircraft of the 
Inspecting Party has been filed in accordance with ICAO 
procedures applicable to civil aircraft, the Basing Country in 
whose territory the inspection site is located shall provide 
the Inspected Party with its approval for the aircraft of the 
Inspecting Party to proceed to the point of entry via the filed 
routing, or an amended routing if necessary.
    2. The Basing Country in whose territory the inspection 
site is located shall facilitate the entry of inspectors and 
aircrew into the country, and shall take the steps necessary to 
ensure that the baggage and equipment of the inspection team is 
identified and transported expeditiously through customs.
    3. Upon notification by the Inspected Party, in accordance 
with Article III above, of the inspection site, the Basing 
Country in whose territory the inspection is to take place 
shall take the steps necessary to ensure that the inspection 
team is granted all clearances and assistance necessary to 
enable it to proceed expeditiously to the inspection site and 
to arrive at the inspection site within nine hours of the 
Inspecting Party's notification of the site to be inspected. 
The Inspected Party and the Basing Country in which the 
inspection site is located shall consult with respect to the 
mode of transport to be utilized, and the Basing Country shall 
have the right to designate the routing between the point of 
entry and the inspection site.
    4. Each Basing Country shall assist the inspected Party, as 
necessary, in providing two-way voice communication capability 
for an inspector team between an inspection site within its 
territory and the embassy of the Inspecting Party.
    5. The Inspected Party and the Basing Country within whose 
territory an inspection site is located shall consult with 
respect to aircraft servicing and the provision of meals, 
lodging, and services for inspectors and aircrew members at the 
point of entry and inspection site. The cost of the foregoing 
requested by the Inspected Party and provided by the Basing 
Country shall be borne by the Inspected Party.
    6. In the event the Inspecting Party requests an extension, 
which shall not exceed eight hours beyond the original 24-hour 
period of inspection as provided for in Section VI, paragraph 
14 of the Inspection Protocol, the Inspected Party shall 
immediately notify the Basing Country in whose territory the 
inspection site is located of the extension.

                       article vi--consultations

    1. Within five days after entry into force of this 
Agreement, the Inspected Party and the Basing Countries shall 
meet to coordinate implementation of the inspection activities 
provided for by Article XI of the Treaty, the Inspection 
Protocol and this Agreement.
    2. A meeting between the Inspected Party and any Basing 
Country do discuss implementation of this Agreement shall be 
held within five days of a request for such a meeting by the 
Inspected Party of a Basing Country.
    3. Should any question arise which in the opinion of a 
Basing Country requires immediate attention, the Basing Country 
may contact the inspection notification authority of the 
Inspected Party. The Inspected Party will immediately 
acknowledge receipt of the inquiry or question and give urgent 
attention to the question or problem.
    4. In the event that a Basing Country determines that an 
inspector or aircrew member has violated the conditions 
governing inspection within its territory, the Basing Country 
may notify the Inspected Party which shall inform the 
Inspecting Party of the disqualification of the inspector or 
aircrew member. The name of the individual will be removed from 
the list of inspectors or aircrew members.
    5. A Basing Country may change the point of entry for its 
territory by giving six months' notice of such change to the 
Inspected Party.
    6. Upon completion of an inspection, the Inspected Party 
shall advise the Basing Country within whose territory the 
inspection took place that the inspection has been completed, 
and upon request of the Basing Country provide a briefing for 
the Basing Country on the inspection.
    7. The United States of America shall not, without the 
express agreement of the Basing Countries, propose or accept 
any amendment to Article XI of the Treaty or to the Inspection 
Protocol that directly affects the rights, interests or 
obligations of the Basing Countries.

               article vii--entry into force and duration

    This Agreement shall be subject to approval in accordance 
with the constitutional procedures of each Party, which 
approval shall be notified by each Party to each of the other 
Parties. Following such notification by all Parties, the 
Agreement shall enter into force simultaneously with the entry 
into force of the Treaty and shall remain in force for a period 
of thirteen years.
    Done at Brussels, on the eleventh of December, 1987, in a 
single original which shall be deposited in the archives of the 
Government of the United States of America, which shall 
transmit a duly certified copy thereof to each of the other 
signatory Governments.
    In witness whereof, the undersigned, being duly authorized, 
have signed this Agreement.

    For the Government of the Kingdom of Belgium:

    For the Government of the Federal Republic of Germany:

    For the Government of the Kingdom of the Netherlands:

    For the Government of the United Kingdom of Great Britain 
and Northern Ireland:

    For the Government of the United States of America:
                              ----------                              


   Annex--Provisions on Privileges and Immunities of Inspectors and 
                            Aircrew Members

    In order to exercise their functions effectively, for the 
purpose of implementing the Treaty and not for their personal 
benefit, inspectors and aircrew members shall be accorded the 
privileges and immunities contained herein. Privileges and 
immunities shall be accorded for the entire in-country period 
in the country in which an inspection site is located, and 
thereafter with respect to acts previously performed in the 
exercise of official functions as an inspector or aircrew 
member.
    1. Inspectors and aircrew members shall be accorded the 
inviolability enjoyed by diplomatic agents pursuant to Article 
29 of the Vienna Convention on Diplomatic Relations of April 
18, 1961.
    2. The papers and correspondence of inspectors and aircrew 
members shall enjoy the inviolability accorded to the papers 
and correspondence of diplomatic agents pursuant to Article 30 
of the Vienna Convention on Diplomatic Relations. In addition, 
the aircraft of the inspection team shall be inviolable.
    3. Inspectors and aircrew members shall be accorded the 
immunities accorded diplomatic agents pursuant to paragraphs 
(1), (2) and (3) of Article 31 of the Vienna Convention on 
Diplomatic Relations. The immunity from jurisdiction of an 
inspector or an aircrew member may be waived by the Inspecting 
Party in those cases when it is of the opinion that immunity 
would impede the course of justice and that it can be waived 
without prejudice to the implementation of the provisions of 
the Treaty. Waiver must always be express.
    4. Inspectors and aircrew members of the Inspecting Party 
shall be permitted to bring into the territory of a Basing 
Country in which an inspection site is located, without payment 
of any customs duties or related changes, articles for their 
personal use, with the exception of articles the import or 
export of which is prohibited by law or controlled by 
quarantine regulations.
    5. An inspector or aircrew member shall not engage in any 
professional or commercial activity for personal profit on the 
territory of the Basing Countries.
                              ----------                              


   note of the embassy of the united states of america to the german 
 democratic republic to the ministry of foreign affairs of the german 
                          democratic republic

    The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the German 
Democratic Republic and has the honor to acknowledge receipt of 
the Ministry's note of December 23, 1987, as follows:
    ``The Ministry of Foreign Affairs of the German Democratic 
Republic presents its compliments to the Embassy of the United 
States of America and has the honor to state the following.
    The Government of the German Democratic Republic has been 
informed by the Government of the Union of Soviet Socialist 
Republics of the arrangements agreed by the United States of 
America and the Union of Soviet Socialist Republics for the 
verification of their mutual obligations provided for in 
Article XI of the Treaty between the United States of America 
and the Union of Soviet Socialist Republics on the elimination 
of their intermediate-range and shorter-range missiles and in 
the Protocol on Inspection thereto.
    As a strong supporter of balanced and verifiable measures 
of arms control and disarmament, the Government of the German 
Democratic Republic wholeheartedly endorses the said Treaty and 
Protocol on Inspection and has agreed to the application on its 
territory of inspections in accordance with that Treaty and the 
Protocol thereto.
    The Ministry has the honor to inform you, therefore, that 
the Government of the German Democratic Republic is willing to 
accord to the Government of the United States of America and 
its inspectors and aircrew members the inspection rights 
provided for in the Protocol on Inspection upon receipt of an 
undertaking that the Government of the United States of America 
and its officials will, in relation to all activities to be 
carried out thereunder on the territory of the German 
Democratic Republic and in its airspace, strictly comply with 
the terms of that Protocol. It is understood in this connection 
that nothing therein affects, except as specifically provided, 
the enforcement of the laws and regulations of the German 
Democratic Republic.
    The Ministry has the honor further to propose that the 
present note and the Embassy's note of reply to that effect 
shall be regarded as constituting an Agreement between the 
Governments of the German Democratic Republic and the United 
States of America. This Agreement shall enter into force 
simultaneously with the entry into force of the Treaty and 
shall remain in force until thirteen years following the date 
of entry into force of the Treaty.
    The present Agreement shall not, however, in any way affect 
the exclusive obligations of the United States of America and 
the Union of Soviet Socialist Republics undertaken with regard 
to each other under the Treaty and the Protocol on Inspection.
    The Ministry takes this opportunity to reassure the Embassy 
of its highest consideration.''
    In reply, the Embassy, on behalf of the Government of the 
United States of America, takes note of the willingness of the 
Government of the German Democratic Republic to facilitate the 
application to its territory of the inspections provided for in 
the Treaty and the Protocol on Inspection thereto.
    The Embassy has the honor further, in consideration 
thereof, to inform the Ministry that the Government of the 
United States of America gives the Government of the German 
Democratic Republic the formal undertaking requested in the 
aforesaid note and has agreed that the note of the Ministry of 
December 23, 1987, and the present note of the Embassy be 
regarded as constituting an Agreement between the Government of 
the United States of America and the Government of the German 
Democratic Republic regarding inspection on the territory of 
the German Democratic Republic provided for by the Treaty 
between the United States of America and the Union of Soviet 
Socialist Republics on the elimination of their intermediate-
range and shorter-range missiles and conducted in accordance 
with the Protocol on Inspection thereto. This Agreement shall 
enter into force simultaneously with the entry into force of 
the Treaty and shall remain in force until thirteen years 
following the date of entry into force of the Treaty.
    The present Agreement shall not, however, in any way affect 
the exclusive obligations of the United States of America and 
the Union of Soviet Socialist Republics undertaken with regard 
to each other under the Treaty and the Protocol on Inspection.
    The Embassy takes this opportunity to reassure the Ministry 
of its highest consideration.

    Embassy of the United States of America, Berlin, December 
23, 1987.
                              ----------                              


 Text of Note From the Embassy of the United States of America to the 
   Federal Ministry of Foreign Affairs of the Czechoslovak Socialist 
                                Republic

    The Embassy of the United States of America presents its 
compliments to the Federal Ministry of Foreign Affairs of the 
Czechoslovak Socialist Republic and has the honor to 
acknowledge receipt of the ministry's note of December 18, 
1987, as follows:
    ``The Federal Ministry of Foreign Affairs of the 
Czechoslovak Socialist Republic presents its compliments to the 
Embassy of the United States of America and has the honor to 
state the following.
    ``The Governments of the Czechoslovak Socialist Republic 
has been informed by the Government of the Union of Soviet 
Socialist Republics of the arrangements agreed by the United 
States of America and the Union of Soviet Socialist Republics 
for the verification of their mutual obligations provided for 
in Article XI of the Treaty between the United States of 
America and the Union of Soviet Socialist Republics on the 
Elimination of Their Intermediate-Range and Shorter-Range 
Missiles and in the Protocol on Inspection thereto.
    ``As a strong supporter of balanced and verifiable measures 
of arms control and disarmament, the Government of the 
Czechoslovak Socialist Republic wholeheartedly endorses the 
said Treaty and Protocol on Inspection and has agreed to the 
application on its territory of inspections in accordance with 
that Treaty and the Protocol thereto.
    ``The Ministry has the honor to inform you, therefore, that 
the Government of the Czechoslovak Socialist Republic is 
willing to accord to the Government of the United States of 
America and its inspectors and aircrew members the inspection 
rights provided for in the Protocol on Inspection upon receipt 
of an undertaking that the United States of America and its 
officials will, in relation to all activities to be carried out 
thereunder on the territory of the Czechoslovak Socialist 
Republic and in its airspace, strictly comply with the terms of 
that Protocol. It is understood in this connection that nothing 
therein affects, expect as specifically provided, the 
enforcement of the laws and regulations of the Czechoslovak 
Socialist Republic within its territory.
    ``The Ministry has the honor further to propose that the 
present note and the Embassy's note of reply to that effect 
shall be regarded as constituting an agreement between the 
Governments of the Czechoslovak Socialist Republic and of the 
United States of America. This Agreement shall enter into force 
simultaneously with the entry into force of the Treaty and 
shall remain in force until thirteen years following the date 
of entry into force of the Treaty.
    ``The present agreement shall not, however, in any way 
affect the exclusive obligations of the United States of 
America and the Union of Soviet Socialist Republics undertaken 
with regard to each other under the Treaty and the Protocol on 
Inspection.
    ``The Ministry takes this opportunity to reassure the 
Embassy of its highest consideration.''
    In reply, the Embassy, on behalf of the Government of the 
United States of America takes note of the willingness of the 
Government of the Czechoslovak Socialist Republic to facilitate 
the application to its territory of the inspections provided 
for in the Treaty and the Protocol on Inspection thereto.
    The Embassy has the honor further, in consideration 
thereof, to inform the Ministry that the Government of the 
United States of America gives the Government of the 
Czechoslovak Socialist Republic the formal undertaking 
requested in the aforesaid note and has agreed that the note of 
the Ministry of December 18, 1987, and the present note of the 
Embassy be regarded as constituting an agreement between the 
Government of the United States of America and the Government 
of the Czechoslovak Socialist Republic regarding inspections on 
the territory of the Czechoslovak Socialist Republic provided 
for by the Treaty between the United States of America and the 
Union of Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range and Shorter-Range Missiles and conducted in 
accordance with the Protocol on Inspection thereto. This 
Agreement shall enter into force simultaneously with the entry 
into force of the Treaty and shall remain in force until 
thirteen years following the date of entry into force of the 
Treaty.
    The present agreement shall not, however, in any way affect 
the exclusive obligations of the United States of America and 
the Union of Socialist Republics undertaken with regard to each 
other under the Treaty and the Protocol on Inspection.
    The Embassy takes this opportunity to reassure the Ministry 
of its highest consideration.

    Embassy of the United States of America, Prague, January 4, 
1988.
                   5. Seabed Arms Control Treaty \1\

  Treaty on the Prohibition of the Emplacement of Nuclear Weapons and 
Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and 
in the Subsoil Thereof; Done at Washington, London and Moscow, February 
   11, 1971; Ratification advised by the Senate, February 15, 1972; 
 Ratified by the President, April 26, 1972; Ratification of the United 
   States deposited at Washington, London and Moscow, May 18, 1972; 
                    Entered into force, May 18, 1972

  The States Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ 23 UST 701; TIAS 7337; 955 UNTS 115. For a list of states which 
are parties to the Treaty, see Department of State publication, 
Treaties in Force.

  Recognizing the common interest of mankind in the progress of 
the exploration and use of the seabed and the ocean floor for 
---------------------------------------------------------------------------
peaceful purposes,

  Considering that the prevention of a nuclear arms race on the 
seabed and the ocean floor serves the interests of maintaining 
world peace, reduces international tensions and strengthens 
friendly relations among States,

  Convinced that this Treaty constitutes a step towards the 
exclusion of the seabed, the ocean floor and the subsoil 
thereof from the arms race,

  Convinced that this Treaty constitutes a step towards a 
treaty on general and complete disarmament under strict and 
effective international control, and determined to continue 
negotiations to this end,

  Convinced that this Treaty will further the purposes and 
principles of the Charter of the United Nations, in a manner 
consistent with the principles of international law and without 
infringing the freedoms of the high seas,

  Have agreed as follows:

                               Article I

  1. The States Parties to this Treaty undertake not to emplant 
or emplace on the seabed and the ocean floor and in the subsoil 
thereof beyond the outer limit of a seabed zone, as defined in 
article II, any nuclear weapons or any other types of weapons 
of mass destruction as well as structures, launching 
installations or any other facilities specifically designed for 
storing, testing or using such weapons.
  2. The undertakings of paragraph 1 of this article shall also 
apply to the seabed zone referred to in the same paragraph, 
except that within such seabed zone, they shall not apply 
either to the coastal State or to the seabed beneath its 
territorial waters.
  3. The States Parties to this Treaty undertake not to assist, 
encourage or induce any State to carry out activities referred 
to in paragraph 1 of this article and not to participate in any 
other way in such actions.

                               Article II

  For the purpose of this Treaty, the outer limit of the seabed 
zone referred to in article I shall be coterminous with the 
twelve-mile outer limit of the zone referred to in part II of 
the Convention on the Territorial Sea and the Contiguous Zone, 
signed at Geneva on April 29, 1958, and shall be measured in 
accordance with the provisions of part I, section II, of that 
Convention and in accordance with international law.

                              Article III

  1. In order to promote the objectives of and insure 
compliance with the provisions of this Treaty, each State Party 
to the Treaty shall have the right to verify through 
observation the activities of other States Parties to the 
Treaty on the seabed and the ocean floor and in the subsoil 
thereof beyond the zone referred to in article I, provided that 
observation does not interfere with such activities.
  2. If after such observation reasonable doubts remain 
concerning the fulfillment of the obligations assumed under the 
Treaty, the State Party having such doubts and the State Party 
that is responsible for the activities giving rise to the 
doubts shall consult with a view to removing the doubts. If the 
doubts persist, the State Party having such doubts shall notify 
the other States Parties, and the Parties concerned shall 
cooperate on such further procedures for verification as may be 
agreed, including appropriate inspection of objects, 
structures, installations or other facilities that reasonably 
may be expected to be of a kind described in article I. The 
Parties in the region of the activities, including any coastal 
State, and any other Party so requesting, shall be entitled to 
participate in such consultation and cooperation. After 
completion of the further procedures for verification, an 
appropriate report shall be circulated to other Parties by the 
Party that initiated such procedures.
  3. If the State responsible for the activities giving rise to 
the reasonable doubts is not identifiable by observation of the 
object, structure, installation or other facility, the State 
Party having such doubts shall notify and make appropriate 
inquires of States Parties in the region of the activities and 
of any other State Party. If it is ascertained through these 
inquiries that a particular State Party is responsible for the 
activities, that State Party shall consult and cooperate with 
other Parties as provided in paragraph 2 of this article. If 
the identity of the State responsible for the activities cannot 
be ascertained through these inquiries, then further 
verification procedures, including inspection, may be 
undertaken by the inquiring State Party, which shall invite the 
participation of the Parties in the region of the activities, 
including any coastal State, and of any other Party desiring to 
cooperate.
  4. If consultation and cooperation pursuant to paragraphs 2 
and 3 of this article have not removed the doubts concerning 
the activities and there remains a serious question concerning 
fulfillment of the obligations assumed under this Treaty, a 
State Party may, in accordance with the provisions of the 
Charter of the United Nations, refer the matter to the Security 
Council, which may take action in accordance with the Charter.
  5. Verification pursuant to this article may be undertaken by 
any State Party using its own means, or with the full or 
partial assistance of any other State Party, or through 
appropriate international procedures within the framework of 
the United Nations and in accordance with its Charter.
  6. Verification activities pursuant to this Treaty shall not 
interfere with activities of other State Parties and shall be 
conducted with due regard for rights recognized under 
international law, including the freedoms of the high seas and 
the rights of coastal States with respect to the exploration 
and exploitation of their continental shelves.

                               Article IV

  Nothing in this Treaty shall be interpreted as supporting or 
prejudicing the position of any State Party with respect to 
existing international conventions, including the 1958 
Convention on the Territorial Sea and the Contiguous Zone, or 
with respect to rights or claims which such State Party may 
assert, or with respect to recognition or nonrecognition of 
rights or claims asserted by any other State, related to waters 
off its coasts, including, inter alia, territorial seas and 
contiguous zones, or to the seabed and the ocean floor, 
including continental shelves.

                               Article V

  The Parties to this Treaty undertake to continue negotiations 
in good faith concerning further measures in the field of 
disarmament for the prevention of an arms race on the seabed, 
the ocean floor and the subsoil thereof.

                               Article VI

  Any State Party may propose amendments to this Treaty. 
Amendments shall enter into force for each State Party 
accepting the amendments upon their acceptance by a majority of 
the States Parties to the Treaty and, thereafter, for each 
remaining State Party on the date of acceptance by it.

                              Article VII

  Five years after the entry into force of this Treaty, a 
conference of Parties to the Treaty shall be held at Geneva, 
Switzerland, in order to review the operation of this Treaty 
with a view to assuring that the purposes of the preamble and 
the provisions of the Treaty are being realized. Such review 
shall take into account any relevant technological 
developments. The review conference shall determine, in 
accordance with the views of a majority of those Parties 
attending, whether and when an additional review conference 
shall be convened.

                              Article VIII

  Each State Party to this Treaty shall in exercising its 
national sovereignty have the right to withdraw from this 
Treaty if it decides that extraordinary events related to the 
subject matter of this Treaty have jeopardized the supreme 
interests of its country. It shall give notice to such 
withdrawal to all other States Parties to the Treaty and to the 
United Nations Security Council three months in advance. Such 
notice shall include a statement of the extraordinary events it 
considers to have jeopardized its supreme interests.

                               Article IX

  The provisions of this Treaty shall in no way affect the 
obligations assumed by States Parties to the Treaty under 
international instruments establishing zones free from nuclear 
weapons.

                               Article X

  1. This Treaty shall be open for signature to all States. Any 
State which does not sign the Treaty before its entry into 
force in accordance with paragraph 3 of this article may accede 
to it at any time.
  2. This Treaty shall be subject to ratification by signatory 
States. Instruments of ratification and of accession shall be 
deposited with the Governments of the United States of America, 
the United Kingdom of Great Britain and Northern Ireland, and 
the Union of Soviet Socialist Republics, which are hereby 
designated the Depository Governments.
  3. This Treaty shall enter into force after the deposit of 
instruments of ratification by twenty-two Governments, 
including the Governments designated as Depositary Governments 
of this Treaty.
  4. For States whose instruments of ratification or accession 
are deposited after the entry into force of this Treaty, it 
shall enter into force on the date of the deposit of their 
instruments of ratification or accession.
  5. The Depositary Governments shall promptly inform the 
Governments of all signatory and acceding States of the date of 
each signature, of the date of deposit of each instrument of 
ratification or of accession, of the date of the entry into 
force of this Treaty, and of the receipt of other notices.
  6. This Treaty shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article XI

  This Treaty, the English, Russian, French, Spanish and 
Chinese texts of which are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Treaty shall be transmitted by the 
Depositary Governments to the Governments of the States 
signatory and acceding thereto.
  In witness whereof the undersigned, being duly authorized 
thereto, have signed this Treaty.

  Done in triplicate, at the cities of Washington, London and 
Moscow, this eleventh day of February, one thousand nine 
hundred seventy-one.
 6. Convention on the Prohibition of Military or Any Other Hostile Use 
              of Environmental Modification Techniques \1\

 Convention done at Geneva, May 18, 1977; Ratification advised by the 
  Senate, November 28, 1979; Ratified by the President, December 13, 
 1979; Ratification of the United States deposited with the Secretary-
  General of the United Nations, January 17, 1980; Entered into force 
with respect to the United States, January 17, 1980; Proclaimed by the 
                      President, February 12, 1980

    The States Parties to this Convention,

    Guided by the interest of consolidating peace, and wishing 
to contribute to the cause of halting the arms race, and of 
bringing about general and complete disarmament under strict 
and effective international control, and of saying mankind from 
the danger of using new means of warfare,
---------------------------------------------------------------------------
    \1\ 31 UST 333; TIAS 9614. For a list of states that are parties to 
the Treaty, see Department of State publication, Treaties in Force.

    Determined to continue negotiations with a view to 
achieving effective progress towards further measures in the 
---------------------------------------------------------------------------
field of disarmament,

    Recognizing that scientific and technical advances may open 
new possibilities with respect to modification of the 
environment,

    Recalling the Declaration of the United Nations Conference 
on the Human Environment, adopted at Stockholm on 16 June 1972,

    Realizing that the use of environmental modification 
techniques for peaceful purposes could improve the 
interrelationship of man and nature and contribute to the 
preservation and improvement of the environment for the benefit 
of present and future generations,

    Recognizing, however, that military or any other hostile 
use of such techniques could have effects extremely harmful to 
human welfare,

    Desiring to prohibit effectively military or any other 
hostile use of environmental modification techniques in order 
to eliminate the dangers to mankind from such use, and 
affirming their willingness to work towards the achievement of 
this objective,

    Desiring also to contribute to the strengthening of trust 
among nations and to the further improvement of the 
international situation in accordance with the purposes and 
principles of the Charter of the United Nations,\2\
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1031.

    Have agreed as follows:

                               Article I

    1. Each State Party to this Convention undertakes not to 
engage in military or any other hostile use of environmental 
modification techniques having widespread, long-lasting or 
severe effects as the means of destruction, damage or injury to 
any other State Party.
    2. Each State Party to this Convention undertakes not to 
assist, encourage or induce any State, group of States or 
international organization to engage in activities contrary to 
the provisions of paragraph 1 of this article.

                               Article II

    As used in article I, the term ``environmental modification 
techniques'' refers to any technique for changing--through the 
deliberate manipulation of natural processes--the dynamics, 
composition or structure of the Earth, including its biota, 
lithosphere, hydrosphere and atmosphere, or of outer space.

                              Article III

    1. The provisions of this Convention shall not hinder the 
use of environmental modification techniques for peaceful 
purposes and shall be without prejudice to the generally 
recognized principles and applicable rules of international law 
concerning such use.
    2. The States Parties to this Convention undertake to 
facilitate, and have the right to participate in, the fullest 
possible exchange of scientific and technological information 
on the use of environmental modification techniques for 
peaceful purposes. States Parties in a position to do so shall 
contribute, alone or together with other States or 
international organizations, to international economic and 
scientific co-operation in the preservation, improvement and 
peaceful utilization of the environment, with due consideration 
for the needs of the developing areas of the world.

                               Article IV

    Each State Party to this Convention undertakes to take any 
measures it considers necessary in accordance with its 
constitutional processes to prohibit and prevent any activity 
in violation of the provisions of the Convention anywhere under 
its jurisdiction or control.

                               Article V

    1. The States Parties to this Convention undertake to 
consult one another and to co-operate in solving any problems 
which may arise in relation to the objectives of, or in the 
application of the provisions of, the Convention. Consultation 
and co-operation pursuant to this article may also be 
undertaken through appropriate international procedures within 
the framework of the United Nations and in accordance with its 
Charter. These international procedures may include the 
services of appropriate international organizations, as well as 
of a Consultative Committee of Experts as provided for in 
paragraph 2 of this article.
    2. For the purposes set forth in paragraph 1 of this 
article, the Depositary shall, within one month of the receipt 
of a request from any State Party to this Convention, convene a 
Consultative Committee of Experts. Any State Party may appoint 
an expert to the Committee whose functions and rules of 
procedure are set out in the annex, which constitutes an 
integral part of this Convention. The Committee shall transmit 
to the Depositary a summary of its findings of fact, 
incorporating all views and information presented to the 
Committee during its proceedings. The Depositary shall 
distribute the summary to all States Parties.
    3. Any State Party to this Convention which has reason to 
believe that any other State Party is acting in breach of 
obligations deriving from the provisions of the Convention may 
lodge a complaint with the Security Council of the United 
Nations. Such a complaint should include all relevant 
information as well as all possible evidence supporting its 
validity.
    4. Each State Party to this Convention undertakes to co-
operate in carrying out any investigation which the Security 
Council may initiate, in accordance with the provisions of the 
Charter of the United Nations, on the basis of the complaint 
received by the Council. The Security Council shall inform the 
States Parties of the results of the investigation.
    5. Each State Party to this Convention undertakes to 
provide or support assistance, in accordance with the 
provisions of the Charter of the United Nations, to any State 
Party which so requests, if the Security Council decides that 
such Party has been harmed or is likely to be harmed as a 
result of violation of the Convention.

                               Article VI

    1. Any State Party to this Convention may propose 
amendments to the Convention. The text of any proposed 
amendment shall be submitted to the Depositary, who shall 
promptly circulate it to all States Parties.
    2. An amendment shall enter into force for all States 
Parties to this Convention which have accepted it, upon the 
deposit with the Depositary of instruments of acceptance by a 
majority of States Parties. Thereafter it shall enter into 
force for any remaining State Party on the date of deposit of 
its instrument of acceptance.

                              Article VII

    This Convention shall be of unlimited duration.

                              Article VIII

    1. Five years after the entry into force of this 
Convention, a conference of the States Parties to the 
Convention shall be convened by the Depositary at Geneva, 
Switzerland. The conference shall review the operation of the 
Convention with a view to ensuring that its purposes and 
provisions are being realized, and shall in particular examine 
the effectiveness of the provisions of paragraph 1 of article I 
in eliminating the dangers of military or any other hostile use 
of environmental modification techniques.
    2. At intervals of not less than five years thereafter, a 
majority of the States Parties to this Convention may obtain, 
by submitting a proposal to this effect to the Depositary, the 
convening of a conference with the same objectives.
    3. If no conference has been convened pursuant to paragraph 
2 of this article within ten years following the conclusion of 
a previous conference, the Depositary shall solicit the views 
of all States Parties to this Convention concerning the 
convening of such a conference. If one third or ten of the 
States Parties, whichever number is less, respond 
affirmatively, the Depositary shall take immediate steps to 
convene the conference.

                               Article IX

    1. This Convention shall be open to all States for 
signature. Any State which does not sign the Convention before 
its entry into force in accordance with paragraph 3 of this 
article may accede to it at any time.
    2. This Convention shall be subject to ratification by 
signatory States. Instruments of ratification or accession 
shall be deposited with the Secretary-General of the United 
Nations.
    3. This Convention shall enter into force upon the deposit 
of instruments of ratification by twenty Governments in 
accordance with paragraph 2 of this article.
    4. For those States whose instruments of ratification or 
accession are deposited after the entry into force of this 
Convention, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary shall promptly inform all signatory and 
acceding States of the date of each signature, the date of 
deposit of each instrument of ratification or accession and the 
date of the entry into force of this Convention and of any 
amendments thereto, as well as of the receipt of other notices.
    6. This Convention shall be registered by the Depositary in 
accordance with Article 102 of the Charter of the United 
Nations.

                               Article X

    This Convention, of which the English, Arabic, Chinese, 
French, Russian and Spanish texts are equally authentic, shall 
be deposited with the Secretary-General of the United Nations, 
who shall send duly certified copies thereof to the Governments 
of the signatory and acceding States.

    In witness whereof, the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at Geneva on the eighteenth 
day of May, one thousand nine hundred and seventy-seven.

                        Annex to the Convention

                   Consultative Committee of Experts

    1. The Consultative Committee of Experts shall undertake to 
make appropriate findings of fact and provide expert views 
relevant to any problem raised pursuant to paragraph 1 of 
article V of this Convention by the State Party requesting the 
convening of the Committee.
    2. The work of the Consultative Committee of Experts shall 
be organized in such a way as to permit it to perform the 
functions set forth in paragraph 1 of this annex. The Committee 
shall decide procedural questions relative to the organization 
of its work, where possible by consensus, but otherwise by a 
majority of those present and voting. There shall be no voting 
on matters of substance.
    3. The Depositary or his representative shall serve as the 
Chairman of the Committee.
    4. Each expert may be assisted at meetings by one or more 
advisers.
    5. Each expert shall have the right, through the Chairman, 
to request from States, and from international organizations, 
such information and assistance as the expert considers 
desirable for the accomplishment of the Committee's work.
       7. Treaty on the Non-Proliferation of Nuclear Weapons \1\

  Done at Washington, London, and Moscow, July 1, 1968; Ratification 
   advised by the Senate, March 13, 1969; Ratified by the President, 
   November 24, 1969; Ratification of the United States deposited at 
   Washington, London, and Moscow, March 5, 1970; Proclaimed by the 
      President, March 5, 1970; Entered into force, March 5, 1970

  The States concluding this Treaty, hereinafter referred to as 
the ``Parties to the Treaty'',
---------------------------------------------------------------------------
    \1\ 21 UST 483; TIAS 6839; 729 UNTS 161. For a list of states which 
are parties to the Treaty, see Department of State publication, 
Treaties in Force.

  Considering the devastation that would be visited upon all 
mankind by a nuclear war and the consequent need to make every 
effort to avert the danger of such a war and to take measures 
---------------------------------------------------------------------------
to safeguard the security of peoples,

  Believing that the proliferation of nuclear weapons would 
seriously enhance the danger of nuclear war,

  The conformity with resolutions of the United Nations General 
Assembly calling for the conclusion of an agreement on the 
prevention of wider dissemination of nuclear weapons,

  Undertaking to cooperate in facilitating the application of 
International Atomic Energy Agency safeguards on peaceful 
nuclear activities,

  Expressing their support for research, development and other 
efforts to further the application, within the framework of the 
International Atomic Energy Agency safeguards system, of the 
principle of safeguarding effectively the flow of source and 
special fissionable materials by use of instruments and other 
techniques at certain strategic points.

  Affirming the principle that the benefits of peaceful 
applications of nuclear technology, including any technological 
by-products which may be derived by nuclear-weapon States from 
the development of nuclear explosive devices, should be 
available for peaceful purposes to all Parties to the Treaty, 
whether nuclear-weapon or non-nuclear-weapon States,

  Convinced that, in furtherance of this principle, all Parties 
to the Treaty are entitled to participate in the fullest 
possible exchange of scientific information for, and to 
contribute alone or in cooperation with other States to, the 
further development of the applications of atomic energy for 
peaceful purposes,

  Declaring their intention to achieve at the earliest possible 
date the cessation of the nuclear arms race and to undertake 
effective measures in the direction of nuclear disarmament,

  Urging the cooperation of all States in the attainment of 
their objective,

  Recalling the determination expressed by the Parties to the 
1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere in 
Outer Space and Under Water in its Preamble to seek to achieve 
the discontinuance of all test explosions of nuclear weapons 
for all time and to continue negotiations to this end,

  Desiring to further the easing of international tension and 
the strengthening of trust between States in order to 
facilitate the cessation of the manufacture of nuclear weapons, 
the liquidation of all their existing stockpiles, and the 
elimination from national arsenals of nuclear weapons and the 
means of their delivery pursuant to a treaty on general and 
complete disarmament under strict and effective international 
control,

  Recalling that, in accordance with the Charter of the United 
Nations, States must refrain in their international relations 
from the threat or use of force against the territorial 
integrity or political independence of any State, or in any 
other manner inconsistent with the Purposes of the United 
Nations, and that the establishment and maintenance of 
international peace and security are to be promoted with the 
least diversion for armaments of the world's human and economic 
resources,

  Have agreed as follows:

                               article i

  Each nuclear-weapon State Party to the Treaty undertakes not 
to transfer to any recipient whatsoever nuclear weapons or 
other nuclear explosive devices or control over such weapons or 
explosive devices directly, or indirectly; and not in any way 
to assist, encourage, or induce any non-nuclear-weapon State to 
manufacture or otherwise acquire nuclear weapons or other 
nuclear explosive devices, or control over such weapons or 
explosive devices.

                               article ii

  Each non-nuclear-weapon State Party to the Treaty undertakes 
not to receive the transfer from any transferor whatsoever of 
nuclear weapons or other nuclear explosive devices or of 
control over such weapons or explosive devices directly, or 
indirectly; not to manufacture or otherwise acquire nuclear 
weapons or other nuclear explosive devices; and not to seek or 
receive any assistance in the manufacture of nuclear weapons or 
other nuclear explosive devices.

                              article iii

  1. Each non-nuclear-weapon State Party to the Treaty 
undertakes to accept safeguards, as set forth in an agreement 
to be negotiated and concluded with the International Atomic 
Energy Agency in the cordance with the Statute of the 
International Atomic Energy Agency \2\ and the Agency's 
safeguards system, for the exclusive purpose of verification of 
the fulfillment of its obligations assumed under this Treaty 
with a view to preventing diversion of nuclear energy from 
peaceful uses to nuclear weapons or other nuclear explosive 
devices. Procedures for the safeguards required by this article 
shall be followed with respect to source or special fissionable 
material whether it is being produced, processed or used in any 
principal nuclear facility or is outside any such facility. The 
safeguards required by this article shall be applied on all 
source or special fissionable material in all peaceful nuclear 
activities within the territory of such State, under its 
jurisdiction, or carried out under its control anywhere.
---------------------------------------------------------------------------
    \2\ TIAS 3873; 8 UST 1093.
---------------------------------------------------------------------------
  2. Each State Party to the Treaty undertakes not to provide: 
(a) source or special fissionable material, or (b) equipment or 
material especially designed or prepared for the processing, 
use or production of special fissionable material, to any non-
nuclear-weapon State for peaceful purposes, unless the source 
or special fissionable material shall be subject to the 
safeguards required by this article.
  3. The safeguards required by this article shall be 
implemented in a manner designed to comply with article IV of 
this Treaty, and to avoid hampering the economic or 
technological development of the Parties or international 
cooperation in the field of peaceful nuclear activities, 
including the international exchange of nuclear material and 
equipment for the processing, use or production of nuclear 
material for peaceful purposes in accordance with the 
provisions of this article and the principle of safeguarding 
set forth in the Preamble of the Treaty.
  4. Non-nuclear-weapon States Party to the Treaty shall 
conclude agreements with the International Atomic Energy Agency 
to meet the requirements of this article either individually or 
together with other States in accordance with the Statute of 
the International Atomic Energy Agency. Negotiation of such 
agreements shall commence within 180 days from the original 
entry into force of this Treaty. For States depositing their 
instruments of ratification or accession after the 180-day 
period, negotiation of such agreements shall commence not later 
than the date of such deposit. Such agreements shall enter into 
force not later than eighteen months after the date of 
initiation of negotiations.

                               article iv

  1. Nothing in this Treaty shall be interpreted as affecting 
the inalienable right of all the Parties to the Treaty to 
develop research, production and use of nuclear energy for 
peaceful purposes without discrimination and in conformity with 
articles I and II of this Treaty.
  2. All the Parties to the Treaty undertake to facilitate, and 
have the right to participate in, the fullest possible exchange 
of equipment, materials and scientific and technological 
information for the peaceful uses of nuclear energy. Parties to 
the Treaty in a position to do so shall also cooperate in 
contributing alone or together with other States or 
international organizations to the further development of the 
applications of nuclear energy for peaceful purposes, 
especially in the territories of non-nuclear-weapon States 
Party to the Treaty, with due consideration for the needs of 
the developing areas of the world.

                               article v

  Each Party to the Treaty undertakes to take appropriate 
measures to ensure that, in accordance with this Treaty, under 
appropriate international observation and through appropriate 
international procedures, potential benefits from any peaceful 
applications of nuclear explosions will be made available to 
non-nuclear-weapon States Party to the Treaty on a non-
discriminatory basis and that the charge to such Parties for 
the explosive devices used will be as low as possible and 
exclude any charge for research and development. Non-nuclear-
weapon States Party to the Treaty shall be able to obtain such 
benefits, pursuant to a special international agreement or 
agreements, through an appropriate international body with 
adequate representation of non-nuclear-weapon States. 
Negotiations of this subject shall commence as soon as possible 
after the Treaty enters into force. Non-nuclear-weapon States 
Party to the Treaty so desiring may also obtain such benefits 
pursuant to bilateral agreements.

                               article vi

  Each of the Parties to the Treaty undertakes to pursue 
negotiations in good faith on effective measures relating to 
cessation of the nuclear arms race at an early date and to 
nuclear disarmament, and on a treaty on general and complete 
disarmament under strict and effective international control.

                              article vii

  Nothing in this Treaty affects the right of any group of 
States to conclude regional treaties in order to assure the 
total absence of nuclear weapons in their respective 
territories.

                              article viii

  1. Any Party to the Treaty may propose amendments to this 
Treaty. The text of any proposed amendment shall be submitted 
to the Depositary Governments which shall circulate it to all 
Parties to the Treaty. Thereupon, if requested to do so by one-
third or more of the Parties to the Treaty, the Depositary 
Governments shall convene a conference, to which they shall 
invite all the Parties to the Treaty, to consider such an 
amendment.
  2. Any amendment to this Treaty must be approved by a 
majority of the votes of all the Parties to the Treaty, 
including the votes of all nuclear-weapon States Party to the 
Treaty and all other Parties which, on the date the amendment 
is circulated, are members of the Board of Governors of the 
International Atomic Energy Agency. The amendment shall enter 
into force for each Party that deposits its instrument of 
ratification of the amendment upon the deposit of such 
instruments of ratification by a majority of all the Parties, 
including the instruments of ratification of all nuclear-weapon 
States Party to the Treaty and all other Parties which, on the 
date the amendment is circulated, are members of the Board of 
Governors of the International Atomic Energy Agency. 
Thereafter, it shall enter into force for any other Party upon 
the deposit of its instrument of ratification of the amendment.
  3. Five years after the entry into force of this Treaty, a 
conference of Parties to the Treaty shall be held in Geneva, 
Switzerland, in order to review the operation of this Treaty 
with a view to assuring that the purposes of the Preamble and 
the provisions of the Treaty are being realized. At intervals 
of five years thereafter, a majority of the Parties to the 
Treaty may obtain, by submitting a proposal to this effect to 
the Depositary Governments, the convening of further 
conferences with the same objective of reviewing the operation 
of the Treaty.

                               article ix

  1. This Treaty shall be open to all States for signature. Any 
State which does not sign the Treaty before its entry into 
force in accordance with paragraph 3 of this article may accede 
to it at any time.
  2. This Treaty shall be subject to ratification by signatory 
States. Instruments of ratification and instruments of 
accession shall be deposited with the Governments of the United 
States of America, the United Kingdom of Great Britain and 
Northern Ireland and the Union of Soviet Socialist Republics, 
which are hereby designated the Depositary Governments.
  3. This Treaty shall enter into force after its ratification 
by the States, the Governments of which are designated 
Depositaries of the Treaty, and forty other States signatory to 
this Treaty and the deposit of their instruments of 
ratification. For the purposes of this Treaty, a nuclear-weapon 
State is one which has manufactured and exploded a nuclear 
weapon or other nuclear explosive device prior to January 1, 
1967.
  4. For States whose instruments of ratification or accession 
are deposited subsequent to the entry into force of this 
Treaty, it shall enter into force on the date of the deposit of 
their instruments of ratification or accession.
  5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification or of 
accession, the date of the entry into force of this Treaty, and 
the date of receipt of any requests for convening a conference 
or other notices.
  6. This Treaty shall be registered by the Depositary 
Governments pursuant to article 102 of the Charter of the 
United Nations.

                               article x

  1. Each Party shall in exercising its national sovereignty 
have the right to withdraw from the Treaty if it decides that 
extraordinary events, related to the subject matter of this 
Treaty, have jeopardized the supreme interests of its country. 
It shall give notice of such withdrawal to all other Parties to 
the Treaty and to the United Nations Security Council three 
months in advance. Such notice shall include a statement of the 
extraordinary events it regards as having jeopardized its 
supreme interests.
  2. Twenty-five years after the entry into force of the 
Treaty, a conference shall be convened to decide whether the 
Treaty shall continue in force indefinitely, or shall be 
extended for an additional fixed period or periods. This 
decision shall be taken by a majority of the Parties of the 
Treaty.

                               article xi

  This Treaty, the English, Russian, French, Spanish and 
Chinese texts of which are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Treaty shall be transmitted by the 
Depositary Governments to the Government of the signatory and 
acceding States.

  In witness whereof the undersigned, duly authorized, have 
signed this Treaty.

  Done in triplicate, at the cities of Washington, London, and 
Moscow, the first day of July one thousand nine hundred sixty-
eight.
                   8. Chemical and Biological Warfare

             a. Geneva Protocol of 1925 (with reservation)

    Protocol for the Prohibition of the Use in War of Asphyxiating, 
 Poisonous or Other Gases, and of Bacteriological Methods of Warfare; 
  Done at Geneva, June 17, 1925; Ratification advised by the Senate, 
     December 16, 1974; Ratification deposited, April 10, 1975 \1\

  The undersigned plenipotentiaries, in the name of their 
respective Governments:
---------------------------------------------------------------------------
    \1\ 26 UST 571; TIAS 8061; LNTS 65. For a list of states which are 
parties to the Protocol, see Department of State publication, Treaties 
in Force. See also Executive Order 11850 (Volume II-A of Legislation on 
Foreign Relations), which discusses U.S. policy on the uses of chemical 
herbicides and riot control agents.
---------------------------------------------------------------------------
  Whereas the use in war of asphyxiating, poisonous or other 
gases, and of all analogous liquids, materials or devices, has 
been justly condemned by the general opinion of the civilised 
world; and
  Whereas the prohibition of such use has been declared in 
Treaties to which the majority of Powers of the world are 
Parties; and
  To the end that this prohibition shall be universally 
accepted as a part of International Law, binding alike the 
conscience and the practice of nations;
  Declare:
          That the High Contracting Parties, so far as they are 
        not already Parties to Treaties prohibiting such use, 
        accept this prohibition, agree to extend this 
        prohibition to the use of bacteriological methods of 
        warfare and agree to be bound as between themselves 
        according to the terms of this declaration.
  The High Contracting Parties will exert every effort to 
induce other States to accede to the present Protocol. Such 
accession will be notified to the Government of the French 
Republic, and by the latter to all signatory and acceding 
Powers, and will take effect on the date of the notification by 
the Government of the French Republic.
  The present Protocol, of which the French and English texts 
are both authentic, shall be ratified as soon as possible. It 
shall bear today's date.
  The ratifications of the present Protocol shall be addressed 
to the Government of the French Republic, which will at once 
notify the deposit of such ratification to each of the 
signatory and acceding Powers.
  The instruments of ratification of and accession to the 
present Protocol will remain deposited in the archives of the 
Government of the French Republic.
  The present Protocol will come into force for each signatory 
Power as from the date of deposit of its ratification, and, 
from that moment, each Power will be bound as regards other 
Powers which have already deposited their ratifications.

  In witness whereof the Plenipotentiaries have signed the 
present Protocol.

  Done at Geneva in a single copy, this seventeenth day of 
June, One Thousand Nine Hundred and Twenty-Five.

                              ----------                              


       Ratification of Geneva Protocol of 1925, with Reservation

    Resolved, (two-thirds of the Senators present concurring 
therein), That the Senate advise and consent to the 
ratification of The Protocol for the Prohibition of the Use in 
War of Asphyxiating, Poisonous, or other Gases, and of 
Bacteriological Methods of Warfare, signed at Geneva on June 
17, 1925 (Ex. J, 91-2) subject to the following reservation:
    That the said Protocol shall cease to be binding on the 
Government of the United States with respect to the use in war 
of asphyxiating, poisonous or other gases, and of all analogous 
liquids, materials, or devices, in regard to an enemy State if 
such State or any of its allies fails to respect the 
prohibitions laid down in the Protocol.
                    b. Biological Weapons Convention

   Convention on the Prohibition of the Development, Production and 
 Stockpiling of Bacteriological (Biological) and Toxin Weapons and on 
 Their Destruction; Done at Washington, London, and Moscow, April 10, 
     1972; Ratification advised by the Senate, December 16, 1974; 
 Ratification deposited, March 26, 1975; Proclaimed by the President, 
         March 26, 1975; Entered into force, March 26, 1975 \1\

  The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ 26 UST 583; TIAS 8062; 1015 UNTS 163. For a list of states 
which are parties to the Convention, see Department of State 
publication, Treaties in Force. See also Executive Order 11850 (Volume 
II-A of Legislation on Foreign Relations), which discusses U.S. policy 
on the uses of chemical herbicides and riot control agents.

  Determined to act with a view to achieving effective progress 
towards general and complete disarmament, including the 
prohibition and elimination of all types of weapons of mass 
destruction, and convinced that the prohibition of the 
development, production and stockpiling of chemical and 
bacteriological (biological) weapons and their elimination, 
through effective measures, will facilitate the achievement of 
general and complete disarmament under strict and effective 
---------------------------------------------------------------------------
international control,

  Recognizing the important significance of the Protocol for 
the Prohibition of the Use of War of Asphyxiating, Poisonous or 
Other Gases, and of Bacteriological Methods of Warfare, signed 
at Geneva on June 17, 1925, and conscious also of the 
contribution which the said Protocol has already made, and 
continues to make, to mitigating the horrors of war,

  Reaffirming their adherence to the principles and objectives 
of that Protocol and calling upon all States to comply strictly 
with them,

  Recalling that the General Assembly of the United Nations has 
repeatedly condemned all actions contrary to the principles and 
objectives of the Geneva Protocol of June 17, 1925,

  Desiring to contribute to the strengthening of confidence 
between peoples and the general improvement of the 
international atmosphere,

  Desiring also to contribute to the realization of the 
purposes and principles of the Charter of the United Nations,

  Convinced of the importance and urgency of eliminating from 
the arsenals of States, through effective measures, such 
dangerous weapons of mass destruction as those using chemical 
or bacteriological (biological) agents,

  Recognizing that an agreement on the prohibition of 
bacteriological (biological) and toxin weapons represents a 
first possible step towards the achievement of agreement on 
effective measures also for the prohibition of the development, 
production and stockpiling of chemical weapons, and determined 
to continue negotiations to that end,

  Determined, for the sake of all mankind, to exclude 
completely the possibility of bacteriological (biological) 
agents and toxins being used as weapons,

  Convinced that such use would be repugnant to the conscience 
of mankind and that no effort should be spared to minimize this 
risk,

  Have agreed as follows:

                               Article I

  Each State Party to this Convention undertakes never in any 
circumstances to develop, produce, stockpile or otherwise 
acquire or retain:
  (1) Microbial or other biological agents, or toxins whatever 
their origin or method of production, of types and in 
quantities that have no justification for prophylactic, 
protective or other peaceful purposes;
  (2) Weapons, equipment or means of delivery designed to use 
such agents or toxins for hostile purposes or in armed 
conflict.

                               Article II

  Each State Party to this Convention undertakes to destroy, or 
to divert to peaceful purposes, as soon as possible but not 
later than nine months after the entry into force of the 
Convention, all agents, toxins, weapons, equipment and means of 
delivery specified in article I of the Convention, which are in 
its possession or under its jurisdiction or control. In 
implementing the provisions of this article all necessary 
safety precautions shall be observed to protect populations and 
the environment.

                              Article III

  Each State Party to this Convention undertakes not to 
transfer to any recipient whatsoever, directly or indirectly, 
and not in any way to assist, encourage, or induce any State, 
group of States or international organizations to manufacture 
or otherwise acquire any of the agents, toxins, weapons, 
equipment or means of delivery specified in article I of the 
Convention.

                               Article IV

  Each State Party to this Convention shall, in accordance with 
its constitutional processes, take any necessary measures to 
prohibit and prevent the development, production, stockpiling, 
acquisition or retention of the agents, toxins, weapons, 
equipment and means of delivery specified in article I of the 
Convention, within the territory of such State, under its 
jurisdiction or under its control anywhere.

                               Article V

  The States Parties to this Convention undertake to consult 
one another and to cooperate in solving any problems which may 
arise in relation to the objective of, or in the application of 
the provisions of, the Convention. Consultation and cooperation 
pursuant to this article may also be undertaken through 
appropriate international procedures within the framework of 
the United Nations and in accordance with its Charter.

                               Article VI

  (1) Any State Party to this Convention which finds that any 
other State Party is acting in breach of obligations deriving 
from the provisions of the Convention may lodge a complaint 
with the Security Council of the United Nations. Such a 
complaint should include all possible evidence confirming its 
validity, as well as a request for its consideration by the 
Security Council.
  (2) Each State Party to this Convention undertakes to 
cooperate in carrying out any investigation which the Security 
Council may initiate, in accordance with the provisions of the 
Charter of the United Nations, on the basis of the complaint 
received by the Council. The Security Council shall inform the 
States Parties to the Convention of the results of the 
investigation.

                              Article VII

  Each State Party to this Convention undertakes to provide or 
support assistance, in accordance with the United Nations 
Charter, to any Party to the Convention which so requests, if 
the Security Council decides that such Party has been exposed 
to danger as a result of violation of the Convention.

                              Article VIII

  Nothing in this Convention shall be interpreted as in any way 
limiting or detracting from the obligations assumed by any 
State under the Protocol for the Prohibition of the Use in War 
of Asphyxiating, Poisonous or Other Gases, and of 
Bacteriological Methods of Warfare, signed at Geneva on June 
17, 1925.

                               Article IX

  Each State Party to this Convention affirms the recognized 
objective of effective prohibition of chemical weapons and, to 
this end, undertakes to continue negotiations in good faith 
with a view to reaching early agreement on effective measures 
for the prohibition of their development, production and 
stockpiling and for their destruction, and on appropriate 
measures concerning equipment and means of delivery 
specifically designed for the production or use of chemical 
agents for weapons purposes.

                               Article X

  (1) The States Parties to this Convention undertake to 
facilitate, and have the right to participate in, the fullest 
possible exchange of equipment, materials and scientific and 
technological information for the use of bacteriological 
(biological) agents and toxins for peaceful purposes. Parties 
to the Convention in a position to do so shall also cooperate 
in contributing individually or together with other States or 
international organizations to the further development and 
application of scientific discoveries in the field of 
bacteriology (biology) for prevention of disease, or for other 
peaceful purposes.
  (2) This Convention shall be implemented in a manner designed 
to avoid hampering the economic or technological development of 
States Parties to the Convention or international cooperation 
in the field of peaceful bacteriological (biological) 
activities, including the international exchange of 
bacteriological (biological) agents and toxins and equipment 
for the processing, use or production of bacteriological 
(biological) agents and toxins for peaceful purposes in 
accordance with the provisions of the Convention.

                               Article XI

  Any State Party may propose amendments to this Convention. 
Amendments shall enter into force for each State Party 
accepting the amendments upon their acceptance by a majority of 
the States Parties to the Convention and thereafter for each 
remaining State Party on the date of acceptance by it.

                              Article XII

  Five years after the entry into force of this Convention, or 
earlier if it is requested by a majority of Parties to the 
Convention by submitting a proposal to this effect to the 
Depositary Governments, a conference of States Parties to the 
Convention shall be held at Geneva, Switzerland, to review the 
operation of the Convention, with a view to assuring that the 
purposes of the preamble and the provisions of the Convention, 
including the provisions concerning negotiations on chemical 
weapons, are being realized. Such review shall take into 
account any new scientific and technological developments 
relevant to the Convention.

                              Article XIII

  (1) This Convention shall be unlimited duration.
  (2) Each State Party to this Convention shall in exercising 
its national sovereignty have the right to withdraw from the 
Convention if it decides that extraordinary events, related to 
the subject matter of the Convention, have jeopardized the 
supreme interests of its country. It shall give notice of such 
withdrawal to all other States Parties to the Convention and to 
the United Nations Security Council three months in advance. 
Such notice shall include a statement of the extraordinary 
events it regards as having jeopardized its supreme interests.

                              Article XIV

  (1) This Convention shall be open to all States for 
signature. Any State which does not sign the Convention before 
its entry into force in accordance with paragraph (3) of this 
Article may accede to it at any time.
  (2) This Convention shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
United States of America, the United Kingdom of Great Britain 
and Northern Ireland and the Union of Soviet Socialist 
Republics, which are hereby designated the Depositary 
Governments.
  (3) This Convention shall enter into force after the deposit 
of instruments of ratification by twenty-two Governments, 
including the Governments designated as Depositaries of the 
Convention.
  (4) For States whose instruments of ratification or accession 
are deposited subsequent to the entry into force of this 
Convention, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
  (5) The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification or of 
accession and the date of the entry into force of this 
Convention, and of the receipt of other notices.
  (6) This Convention shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article XV

  This Convention, the English, Russian, French, Spanish and 
Chinese texts of which are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of the Convention shall be transmitted by the 
Depositary Governments to the Governments of the signatory and 
acceding States.
   c. Convention on the Prohibition of the Development, Production, 
  Stockpiling and Use of Chemical Weapons and on Their Destruction \1\

     Convention on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their Destruction, with 
annexes; Signed at Paris, January 13, 1993; Ratification advised by the 
Senate, with conditions, April 24, 1997; Entered into force, April 29, 
                                  1997

                                PREAMBLE

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 103-21. For a list of states that are parties to 
the Convention, see Department of State publication, Treaties in Force.
    The Convention also includes three annexes: Annex on Chemicals; 
Annex on Implementation and Verification; and Annex on the Protection 
of Confidential Information. The complete text of these annexes is 
available at a web site maintained by the Departments of Commerce and 
State: http://www.cwc.gov/cwc_treaty.html.
    Senate conditions to the ratification of the Convention can be 
found at the same web site: http://www.cwc.gov/
cwc_authority_ratification.html.

  Determined to act with a view to achieving effective progress 
towards general and complete disarmament under strict and 
effective international control, including the prohibition and 
---------------------------------------------------------------------------
elimination of all types of weapons of mass destruction,

  Desiring to contribute to the realization of the purposes and 
principles of the Charter of the United Nations,

  Recalling that the General Assembly of the United Nations has 
repeatedly condemned all actions contrary to the principles and 
objectives of the Protocol for the Prohibition of the Use in 
War of Asphyxiation, Poisonous or Other Gases, and of 
Bacteriological Methods of Warfare, signed at Geneva on 17 June 
1925 (the Geneva Protocol of 1925),

  Recognizing that this Convention reaffirms principles and 
objectives of and obligation assumed under the Geneva Protocol 
of 1925, and the Convention on the Prohibition of the 
Development, Production and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on their Destruction signed 
at London, Moscow and Washington on 10 April 1972,

  Bearing in mind the objective contained in Article IX of the 
Convention on the Prohibition of the Development, Production 
and Stockpiling of Bacteriological (Biological) and Toxin 
Weapons and their Destruction,

  Determined for the sake of all mankind, to exclude completely 
the possibility of the use of chemical weapons, through the 
implementation of the provisions of this Convention, thereby 
complementing the obligations assumed under the Geneva Protocol 
of 1925,

  Recognizing the prohibition, embodied in the pertinent 
agreements and relevant principles of international law, of the 
use of herbicides as a method of warfare,

  Considering that achievements in the field of chemistry 
should be used exclusively for the benefit of mankind,

  Desiring to promote free trade in chemicals as well as 
international cooperation and exchange of scientific and 
technical information in the field of chemical activities for 
purposes not prohibited under this Convention in order to 
enhance the economic and technological development of all 
States Parties,

  Convinced that the complete and effective prohibition of the 
development, production, acquisition, stockpiling, retention, 
transfer and use of chemical weapons, and their destruction, 
represent a necessary step towards the achievement of these 
common objectives,

  Have agreed as follows:

                               ARTICLE I

                          GENERAL OBLIGATIONS

    1. Each State Party to this Convention undertakes never 
under any circumstances:
          (a) To develop, produce, otherwise acquire, stockpile 
        or retain chemical weapons, or transfer, directly or 
        indirectly, chemical weapons to anyone;
          (b) To use chemical weapons;
          (c) To engage in any military preparations to use 
        chemical weapons;
          (d) To assist, encourage or induce, in any way, 
        anyone to engage in any activity prohibited to a State 
        Party under this Convention.
    2. Each State Party undertakes to destroy chemical weapons 
it owns or possesses, or that are located in any place under 
its jurisdiction or control, in accordance with the provisions 
of this Convention.
    3. Each State Party undertakes to destroy all chemical 
weapons it abandoned on the territory of another State Party, 
in accordance with the provisions of this Convention.
    4. Each State Party undertakes to destroy any chemical 
weapons production facilities it owns or possesses, or that are 
located in any place under its jurisdiction or control, in 
accordance with the provisions of this Convention.
    5. Each State Party undertakes not to use riot control 
agents as a method of warfare.

                               ARTICLE II

                        DEFINITIONS AND CRITERIA

    For the purposes of this Convention:
    1. ``Chemical Weapons'' means the following, together or 
separately:
          (a) Toxic chemicals and their precursors, except 
        where intended for purposes not prohibited under this 
        Convention, as long as the types and quantities are 
        consistent with such purposes;
          (b) Munitions and devices, specifically designed to 
        cause death or other harm through the toxic properties 
        of those toxic chemicals specified in subparagraph (a), 
        which would be released as a result of the employment 
        of such munitions and devices;
          (c) Any equipment specifically designed for use 
        directly in connection with the employment of munitions 
        and devices specified in subparagraph (b).
    2. ``Toxic Chemical'' means:
          Any chemical which through its chemical action on 
        life processes can cause death, temporary 
        incapacitation or permanent harm to humans or animals. 
        This includes all such chemicals, regardless of their 
        origin or of their method of production, and regardless 
        of whether they are produced in facilities, in 
        munitions or elsewhere.
          (For the purpose of implementing this Convention, 
        toxic chemicals which have been identified for the 
        application of verification measures are listed in 
        Schedules contained in the Annex on Chemicals.)
    3. ``Precursor'' means:
          Any chemical reactant which takes part at any stage 
        in the production by whatever method of a toxic 
        chemical. This includes any key component of a binary 
        or multicomponent chemical system.
          (For the purpose of implementing this Convention, 
        precursors which have been identified for the 
        application of verification measures are listed in 
        Schedules contained in the Annex on Chemicals.)
    4. ``Key Component of Binary or Multicomponent Chemical 
Systems'' (hereinafter referred to as ``key component'') means:
          The precursor which plays the most important role in 
        determining the toxic properties of the final product 
        and reacts rapidly with other chemicals in the binary 
        or multicomponent system.
    5. ``Old Chemical Weapons'' means:
          (a) Chemical weapons which were produced before 1925; 
        or
          (b) Chemical weapons produced in the period between 
        1925 and 1946 that have deteriorated to such extent 
        that they can no longer be used as chemical weapons.
    6. ``Abandoned Chemical Weapons'' means:
          Chemical weapons, including old chemical weapons, 
        abandoned by a State after 1 January 1925 on the 
        territory of another State without the consent of the 
        latter.
    7. ``Riot Control Agent'' means:
          Any chemical not listed in a Schedule, which can 
        produce rapidly in humans sensory irritation or 
        disabling physical effects which disappear within a 
        short time following termination of exposure.
    8. ``Chemical Weapons Production Facility'':
          (a) Means any equipment, as well as any building 
        housing such equipment, that was designed, constructed 
        or used at any time since 1 January 1946:
                  (i) As part of the stage in the production of 
                chemicals (``final technological stage'') where 
                the material flows would contain, when the 
                equipment is in operation:
                          (1) Any chemical listed in Schedule 1 
                        in the Annex on Chemicals; or
                          (2) Any other chemical that has no 
                        use, above 1 tonne per year on the 
                        territory of a State Party or in any 
                        other place under the jurisdiction or 
                        control of a State Party, for purposes 
                        not prohibited under this Convention, 
                        but can be used for chemical weapons 
                        purposes; or
                  (ii) For filling chemical weapons, including, 
                inter alia, the filling of chemicals listed in 
                Schedule 1 into munitions, devices or bulk 
                storage containers; the filling of chemicals 
                into containers that form part of assembled 
                binary munitions and devices or into chemical 
                submunitions that form part of assembled 
                unitary munitions and devices, and the loading 
                of the containers and chemical submunitions 
                into the respective munitions and devices;
          (b) Does not mean:
                  (i) Any facility having a production capacity 
                for synthesis of chemicals specified in 
                subparagraph (a) (i) that is less than 1 tonne;
                  (ii) Any facility in which a chemical 
                specified in subparagraph (a) (i) is or was 
                produced as an unavoidable by-product of 
                activities for purposes not prohibited under 
                this Convention, provided that the chemical 
                does not exceed 3 per cent of the total product 
                and that the facility is subject to declaration 
                and inspection under the Annex on 
                Implementation and Verification (hereinafter 
                referred to as ``Verification Annex''); or
                  (iii) The single small-scale facility for 
                production of chemicals listed in Schedule 1 
                for purposes not prohibited under this 
                Convention as referred to in Part VI of the 
                Verification Annex.
    9. ``Purposes Not Prohibited Under this Convention'' means:
          (a) Industrial, agricultural, research, medical, 
        pharmaceutical or other peaceful purposes;
          (b) Protective purposes, namely those purposes 
        directly related to protection against toxic chemicals 
        and to protection against chemical weapons;
          (c) Military purposes not connected with the use of 
        chemical weapons and not dependent on the use of the 
        toxic properties of chemicals as a method of warfare;
          (d) Law enforcement including domestic riot control 
        purposes.
    10. ``Production Capacity'' means:
          The annual quantitative potential for manufacturing a 
        specific chemical based on the technological process 
        actually used or, if the process is not yet 
        operational, planned to be used at the relevant 
        facility. It shall be deemed to be equal to the 
        nameplate capacity or, if the nameplate capacity is not 
        available, to the design capacity. The nameplate 
        capacity is the product output under conditions 
        optimized for maximum quantity for the production 
        facility, as demonstrated by one or more test-runs. The 
        design capacity is the corresponding theoretically 
        calculated product output.
    11. ``Organization'' means the Organization for the 
Prohibition of Chemical Weapons established pursuant to Article 
VIII of this Convention.
    12. For the purposes of Article VI:
          (a) ``Production'' of a chemical means its formation 
        through chemical reaction;
          (b) ``Processing'' of a chemical means a physical 
        process, such as formulation, extraction and 
        purification, in which a chemical is not converted into 
        another chemical;
          (c) ``Consumption'' of a chemical means its 
        conversion into another chemical via a chemical 
        reaction.

                              ARTICLE III

                              DECLARATIONS

    1. Each State Party shall submit to the Organization, not 
later than 30 days after this Convention enters into force for 
it, the following declarations, in which it shall:
          (a) With respect to chemical weapons:
                  (i) Declare whether it owns or possesses any 
                chemical weapons, or whether there are any 
                chemical weapons located in any place under its 
                jurisdiction or control;
                  (ii) Specify the precise location, aggregate 
                quantity and detailed inventory of chemical 
                weapons it owns or possesses, or that are 
                located in any place under its jurisdiction or 
                control, in accordance with Part IV (A), 
                paragraphs 1 to 3, of the Verification Annex, 
                except for those chemical weapons referred to 
                in sub-subparagraph (iii);
                  (iii) Report any chemical weapons on its 
                territory that are owned and possessed by 
                another State and located in any place under 
                the jurisdiction or control of another State, 
                in accordance with Part IV (A), paragraph 4, of 
                the Verification Annex;
                  (iv) Declare whether it has transferred or 
                received, directly or indirectly, any chemical 
                weapons since 1 January 1946 and specify the 
                transfer or receipt of such weapons, in 
                accordance with Part IV (A), paragraph 5, of 
                the Verification Annex;
                  (v) Provide its general plan for destruction 
                of chemical weapons that it owns or possesses, 
                or that are located in any place under its 
                jurisdiction or control, in accordance with 
                Part IV (A), paragraph 6, of the Verification 
                Annex;
          (b) With respect to old chemical weapons and 
        abandoned chemical weapons:
                  (i) Declare whether it has on its territory 
                old chemical weapons and provide all available 
                information in accordance with Part IV (B), 
                paragraph 3, of the Verification Annex;
                  (ii) Declare whether there are abandoned 
                chemical weapons on its territory and provide 
                all available information in accordance with 
                Part IV (B), paragraph 8, of the Verification 
                Annex;
                  (iii) Declare whether it has abandoned 
                chemical weapons on the territory of other 
                States and provide all available information in 
                accordance with Part IV (B), paragraph 10, of 
                the Verification Annex;
          (c) With respect to chemical weapons production 
        facilities:
                  (i) Declare whether it has or has had any 
                chemical weapons production facility under its 
                ownership or possession, or that is or has been 
                located in any place under its jurisdiction or 
                control at any time since 1 January 1946;
                  (ii) Specify any chemical weapons production 
                facility it has or has had under its ownership 
                or possession or that is or has been located in 
                any place under its jurisdiction or control at 
                any time since 1 January 1946, in accordance 
                with Part V, paragraph 1, of the Verification 
                Annex, except for those facilities referred to 
                in sub-subparagraph (iii);
                  (iii) Report any chemical weapons production 
                facility on its territory that another State 
                has or has had under its ownership and 
                possession and that is or has been located in 
                any place under the jurisdiction or control of 
                another State at any time since 1 January 1946, 
                in accordance with Part V, paragraph 2, of the 
                Verification Annex;
                  (iv) Declare whether it has transferred or 
                received, directly or indirectly, any equipment 
                for the production of chemical weapons since 1 
                January 1946 and specify the transfer or 
                receipt of such equipment, in accordance with 
                Part V, paragraphs 3 to 5, of the Verification 
                Annex;
                  (v) Provide its general plan for destruction 
                of any chemical weapons production facility it 
                owns or possesses, or that is located in any 
                place under its jurisdiction or control, in 
                accordance with Part V, paragraph 6, of the 
                Verification Annex;
                  (vi) Specify actions to be taken for closure 
                of any chemical weapons production facility it 
                owns or possesses, or that is located in any 
                place under its jurisdiction or control, in 
                accordance with Part V, paragraph 1 (i), of the 
                Verification Annex;
                  (vii) Provide its general plan for any 
                temporary conversion of any chemical weapons 
                production facility it owns or possesses, or 
                that is located in any place under its 
                jurisdiction or control, into a chemical 
                weapons destruction facility, in accordance 
                with Part V, paragraph 7, of the Verification 
                Annex;
          (d) With respect to other facilities:
                  Specify the precise location, nature and 
                general scope of activities of any facility or 
                establishment under its ownership or 
                possession, or located in any place under its 
                jurisdiction or control, and that has been 
                designed, constructed or used since 1 January 
                1946 primarily for development of chemical 
                weapons. Such declaration shall include, inter 
                alia, laboratories and test and evaluation 
                sites;
          (e) With respect to riot control agents:
                  Specify the chemical name, structural formula 
                and Chemical Abstracts Service (CAS) registry 
                number, if assigned, of each chemical it holds 
                for riot control purposes. This declaration 
                shall be updated not later than 30 days after 
                any change becomes effective.
    2. The provisions of this Article and the relevant 
provisions of Part IV of the Verification Annex shall not, at 
the discretion of a State Party, apply to chemical weapons 
buried on its territory before 1 January 1977 and which remain 
buried, or which had been dumped at sea before 1 January 1985.

                               ARTICLE IV

                            CHEMICAL WEAPONS

    1. The provisions of this Article and the detailed 
procedures for its implementation shall apply to all chemical 
weapons owned or possessed by a State Party, or that are 
located in any place under its jurisdiction or control, except 
old chemical weapons and abandoned chemical weapons to which 
Part IV (B) of the Verification Annex applies.
    2. Detailed procedures for the implementation of this 
Article are set forth in the Verification Annex.
    3. All locations at which chemical weapons specified in 
paragraph 1 are stored or destroyed shall be subject to 
systematic verification through on-site inspection and 
monitoring with on-site instruments, in accordance with Part IV 
(A) of the Verification Annex.
    4. Each State Party shall, immediately after the 
declaration under Article III, paragraph 1 (a), has been 
submitted, provide access to chemical weapons specified in 
paragraph 1 for the purpose of systematic verification of the 
declaration through on-site inspection. Thereafter, each State 
Party shall not remove any of these chemical weapons, except to 
a chemical weapons destruction facility. It shall provide 
access to such chemical weapons, for the purpose of systematic 
on-site verification.
    5. Each State Party shall provide access to any chemical 
weapons destruction facilities and their storage areas, that it 
owns or possesses, or that are located in any place under its 
jurisdiction or control, for the purpose of systematic 
verification through on-site inspection and monitoring with on-
site instruments.
    6. Each State Party shall destroy all chemical weapons 
specified in paragraph 1 pursuant to the Verification Annex and 
in accordance with the agreed rate and sequence of destruction 
(hereinafter referred to as ``order of destruction''). Such 
destruction shall begin not later than two years after this 
Convention enters into force for it and shall finish not later 
than 10 years after entry into force of this Convention. A 
State Party is not precluded from destroying such chemical 
weapons at a faster rate.
    7. Each State Party shall:
          (a) Submit detailed plans for the destruction of 
        chemical weapons specified in paragraph 1 not later 
        than 60 days before each annual destruction period 
        begins, in accordance with Part IV (A), paragraph 29, 
        of the Verification Annex; the detailed plans shall 
        encompass all stocks to be destroyed during the next 
        annual destruction period;
          (b) Submit declarations annually regarding the 
        implementation of its plans for destruction of chemical 
        weapons specified in paragraph 1, not later than 60 
        days after the end of each annual destruction period; 
        and
          (c) Certify, not later than 30 days after the 
        destruction process has been completed, that all 
        chemical weapons specified in paragraph 1 have been 
        destroyed.
    8. If a State ratifies or accedes to this Convention after 
the 10-year period for destruction set forth in paragraph 6, it 
shall destroy chemical weapons specified in paragraph 1 as soon 
as possible. The order of destruction and procedures for 
stringent verification for such a State Party shall be 
determined by the Executive Council.
    9. Any chemical weapons discovered by a State Party after 
the initial declaration of chemical weapons shall be reported, 
secured and destroyed in accordance with Part IV (A) of the 
Verification Annex.
    10. Each State Party, during transportation, sampling, 
storage and destruction of chemical weapons, shall assign the 
highest priority to ensuring the safety of people and to 
protecting the environment. Each State Party shall transport, 
sample, store and destroy chemical weapons in accordance with 
its national standards for safety and emissions.
    11. Any State Party which has on its territory chemical 
weapons that are owned or possessed by another State, or that 
are located in any place under the jurisdiction or control of 
another State, shall make the fullest efforts to ensure that 
these chemical weapons are removed from its territory not later 
than one year after this Convention enters into force for it. 
If they are not removed within one year, the State Party may 
request the Organization and other States Parties to provide 
assistance in the destruction of these chemical weapons.
    12. Each State Party undertakes to cooperate with other 
States Parties that request information or assistance on a 
bilateral basis or through the Technical Secretariat regarding 
methods and technologies for the safe and efficient destruction 
of chemical weapons.
    13. In carrying out verification activities pursuant to 
this Article and Part IV (A) of the Verification Annex, the 
Organization shall consider measures to avoid unnecessary 
duplication of bilateral or multilateral agreements on 
verification of chemical weapons storage and their destruction 
among States Parties.
          To this end, the Executive Council shall decide to 
        limit verification to measures complementary to those 
        undertaken pursuant to such a bilateral or multilateral 
        agreement, if it considers that:
          (a) Verification provisions of such an agreement are 
        consistent with the verification provisions of this 
        Article and Part IV (A) of the Verification Annex;
          (b) Implementation of such an agreement provides for 
        sufficient assurance of compliance with the relevant 
        provisions of this Convention; and
          (c) Parties to the bilateral or multilateral 
        agreement keep the Organization fully informed about 
        their verification activities.
    14. If the Executive Council takes a decision pursuant to 
paragraph 13, the Organization shall have the right to monitor 
the implementation of the bilateral or multilateral agreement.
    15. Nothing in paragraphs 13 and 14 shall affect the 
obligation of a State Party to provide declarations pursuant to 
Article III, this Article and Part IV (A) of the Verification 
Annex.
    16. Each State Party shall meet the costs of destruction of 
chemical weapons it is obliged to destroy. It shall also meet 
the costs of verification of storage and destruction of these 
chemical weapons unless the Executive Council decides 
otherwise. If the Executive Council decides to limit 
verification measures of the Organization pursuant to paragraph 
13, the costs of complementary verification and monitoring by 
the Organization shall be paid in accordance with the United 
Nations scale of assessment, as specified in Article VIII, 
paragraph 7.
    17. The provisions of this Article and the relevant 
provisions of Part IV of the Verification Annex shall not, at 
the discretion of a State Party, apply to chemical weapons 
buried on its territory before 1 January 1977 and which remain 
buried, or which had been dumped at sea before 1 January 1985.

                               ARTICLE V

                 CHEMICAL WEAPONS PRODUCTION FACILITIES

    1. The provisions of this Article and the detailed 
procedures for its implementation shall apply to any and all 
chemical weapons production facilities owned or possessed by a 
State Party, or that are located in any place under its 
jurisdiction or control.
    2. Detailed procedures for the implementation of this 
Article are set forth in the Verification Annex.
    3. All chemical weapons production facilities specified in 
paragraph 1 shall be subject to systematic verification through 
on-site inspection and monitoring with on-site instruments in 
accordance with Part V of the Verification Annex.
    4. Each State Party shall cease immediately all activity at 
chemical weapons production facilities specified in paragraph 
1, except activity required for closure.
    5. No State Party shall construct any new chemical weapons 
production facilities or modify any existing facilities for the 
purpose of chemical weapons production or for any other 
activity prohibited under this Convention.
    6. Each State Party shall, immediately after the 
declaration under Article III, paragraph 1 (c), has been 
submitted, provide access to chemical weapons production 
facilities specified in paragraph 1, for the purpose of 
systematic verification of the declaration through on-site 
inspection.
    7. Each State Party shall:
          (a) Close, not later than 90 days after this 
        Convention enters into force for it, all chemical 
        weapons production facilities specified in paragraph 1, 
        in accordance with Part V of the Verification Annex, 
        and give notice thereof; and
          (b) Provide access to chemical weapons production 
        facilities specified in paragraph 1, subsequent to 
        closure, for the purpose of systematic verification 
        through on-site inspection and monitoring with on-site 
        instruments in order to ensure that the facility 
        remains closed and is subsequently destroyed.
    8. Each State Party shall destroy all chemical weapons 
production facilities specified in paragraph 1 and related 
facilities and equipment, pursuant to the Verification Annex 
and in accordance with an agreed rate and sequence of 
destruction (hereinafter referred to as ``order of 
destruction''). Such destruction shall begin not later than one 
year after this Convention enters into force for it, and shall 
finish not later than 10 years after entry into force of this 
Convention. A State Party is not precluded from destroying such 
facilities at a faster rate.
    9. Each State Party shall:
          (a) Submit detailed plans for destruction of chemical 
        weapons production facilities specified in paragraph 1, 
        not later than 180 days before the destruction of each 
        facility begins;
          (b) Submit declarations annually regarding the 
        implementation of its plans for the destruction of all 
        chemical weapons production facilities specified in 
        paragraph 1, not later than 90 days after the end of 
        each annual destruction period; and
          (c) Certify, not later than 30 days after the 
        destruction process has been completed, that all 
        chemical weapons production facilities specified in 
        paragraph 1 have been destroyed.
    10. If a State ratifies or accedes to this Convention after 
the 10-year period for destruction set forth in paragraph 8, it 
shall destroy chemical weapons production facilities specified 
in paragraph 1 as soon as possible. The order of destruction 
and procedures for stringent verification for such a State 
Party shall be determined by the Executive Council.
    11. Each State Party, during the destruction of chemical 
weapons production facilities, shall assign the highest 
priority to ensuring the safety of people and to protecting the 
environment. Each State Party shall destroy chemical weapons 
production facilities in accordance with its national standards 
for safety and emissions.
    12. Chemical weapons production facilities specified in 
paragraph 1 may be temporarily converted for destruction of 
chemical weapons in accordance with Part V, paragraphs 18 to 
25, of the Verification Annex. Such a converted facility must 
be destroyed as soon as it is no longer in use for destruction 
of chemical weapons but, in any case, not later than 10 years 
after entry into force of this Convention.
    13. A State Party may request, in exceptional cases of 
compelling need, permission to use a chemical weapons 
production facility specified in paragraph 1 for purposes not 
prohibited under this Convention. Upon the recommendation of 
the Executive Council, the Conference of the States Parties 
shall decide whether or not to approve the request and shall 
establish the conditions upon which approval is contingent in 
accordance with Part V, Section D, of the Verification Annex.
    14. The chemical weapons production facility shall be 
converted in such a manner that the converted facility is not 
more capable of being reconverted into a chemical weapons 
production facility than any other facility used for 
industrial, agricultural, research, medical, pharmaceutical or 
other peaceful purposes not involving chemicals listed in 
Schedule 1.
    15. All converted facilities shall be subject to systematic 
verification through on-site inspection and monitoring with on-
site instruments in accordance with Part V, Section D, of the 
Verification Annex.
    16. In carrying out verification activities pursuant to 
this Article and Part V of the Verification Annex, the 
Organization shall consider measures to avoid unnecessary 
duplication of bilateral or multilateral agreements on 
verification of chemical weapons production facilities and 
their destruction among States Parties.
          To this end, the Executive Council shall decide to 
        limit the verification to measures complementary to 
        those undertaken pursuant to such a bilateral or 
        multilateral agreement, if it considers that:
          (a) Verification provisions of such an agreement are 
        consistent with the verification provisions of this 
        Article and Part V of the Verification Annex;
          (b) Implementation of the agreement provides for 
        sufficient assurance of compliance with the relevant 
        provisions of this Convention; and
          (c) Parties to the bilateral or multilateral 
        agreement keep the Organization fully informed about 
        their verification activities.
    17. If the Executive Council takes a decision pursuant to 
paragraph 16, the Organization shall have the right to monitor 
the implementation of the bilateral or multilateral agreement.
    18. Nothing in paragraphs 16 and 17 shall affect the 
obligation of a State Party to make declarations pursuant to 
Article III, this Article and Part V of the Verification Annex.
    19. Each State Party shall meet the costs of destruction of 
chemical weapons production facilities it is obliged to 
destroy. It shall also meet the costs of verification under 
this Article unless the Executive Council decides otherwise. If 
the Executive Council decides to limit verification measures of 
the Organization pursuant to paragraph 16, the costs of 
complementary verification and monitoring by the Organization 
shall be paid in accordance with the United Nations scale of 
assessment, as specified in Article VIII, paragraph 7.

                               ARTICLE VI

            ACTIVITIES NOT PROHIBITED UNDER THIS CONVENTION

    1. Each State Party has the right, subject to the 
provisions of this Convention, to develop, produce, otherwise 
acquire, retain, transfer and use toxic chemicals and their 
precursors for purposes not prohibited under this Convention.
    2. Each State Party shall adopt the necessary measures to 
ensure that toxic chemicals and their precursors are only 
developed, produced, otherwise acquired, retained, transferred, 
or used within its territory or in any other place under its 
jurisdiction or control for purposes not prohibited under this 
Convention. To this end, and in order to verify that activities 
are in accordance with obligations under this Convention, each 
State Party shall subject toxic chemicals and their precursors 
listed in Schedules 1, 2 and 3 of the Annex on Chemicals, 
facilities related to such chemicals, and other facilities as 
specified in the Verification Annex, that are located on its 
territory or in any other place under its jurisdiction or 
control, to verification measures as provided in the 
Verification Annex.
    3. Each State Party shall subject chemicals listed in 
Schedule 1 (hereinafter referred to as ``Schedule 1 
chemicals'') to the prohibitions on production, acquisition, 
retention, transfer and use as specified in Part VI of the 
Verification Annex. It shall subject Schedule 1 chemicals and 
facilities specified in Part VI of the Verification Annex to 
systematic verification through on-site inspection and 
monitoring with on-site instruments in accordance with that 
Part of the Verification Annex.
    4. Each State Party shall subject chemicals listed in 
Schedule 2 (hereinafter referred to as ``Schedule 2 
chemicals'') and facilities specified in Part VII of the 
Verification Annex to data monitoring and on-site verification 
in accordance with that Part of the Verification Annex.
    5. Each State Party shall subject chemicals listed in 
Schedule 3 (hereinafter referred to as ``Schedule 3 
chemicals'') and facilities specified in Part VIII of the 
Verification Annex to data monitoring and on-site verification 
in accordance with that Part of the Verification Annex.
    6. Each State Party shall subject facilities specified in 
Part IX of the Verification Annex to data monitoring and 
eventual on-site verification in accordance with that Part of 
the Verification Annex unless decided otherwise by the 
Conference of the States Parties pursuant to Part IX, paragraph 
22, of the Verification Annex.
    7. Not later than 30 days after this Convention enters into 
force for it, each State Party shall make an initial 
declaration on relevant chemicals and facilities in accordance 
with the Verification Annex.
    8. Each State Party shall make annual declarations 
regarding the relevant chemicals and facilities in accordance 
with the Verification Annex.
    9. For the purpose of on-site verification, each State 
Party shall grant to the inspectors access to facilities as 
required in the Verification Annex.
    10. In conducting verification activities, the Technical 
Secretariat shall avoid undue intrusion into the State Party's 
chemical activities for purposes not prohibited under this 
Convention and, in particular, abide by the provisions set 
forth in the Annex on the Protection of Confidential 
Information (hereinafter referred to as ``Confidentiality 
Annex'').
    11. The provisions of this Article shall be implemented in 
a manner which avoids hampering the economic or technological 
development of States Parties, and international cooperation in 
the field of chemical activities for purposes not prohibited 
under this Convention including the international exchange of 
scientific and technical information and chemicals and 
equipment for the production, processing or use of chemicals 
for purposes not prohibited under this Convention.

                              ARTICLE VII

                    NATIONAL IMPLEMENTATION MEASURES

General undertakings

    1. Each State Party shall, in accordance with its 
constitutional processes, adopt the necessary measures to 
implement its obligations under this Convention. In particular, 
it shall:
          (a) Prohibit natural and legal persons anywhere on 
        its territory or in any other place under its 
        jurisdiction as recognized by international law from 
        undertaking any activity prohibited to a State Party 
        under this Convention, including enacting penal 
        legislation with respect to such activity;
          (b) Not permit in any place under its control any 
        activity prohibited to a State Party under this 
        Convention; and
          (c) Extend its penal legislation enacted under 
        subparagraph (a) to any activity prohibited to a State 
        Party under this Convention undertaken anywhere by 
        natural persons, possessing its nationality, in 
        conformity with international law.
    2. Each State Party shall cooperate with other States 
Parties and afford the appropriate form of legal assistance to 
facilitate the implementation of the obligations under 
paragraph 1.
    3. Each State Party, during the implementation of its 
obligations under this Convention, shall assign the highest 
priority to ensuring the safety of people and to protecting the 
environment, and shall cooperate as appropriate with other 
States Parties in this regard.

Relations between the State Party and the Organization

    4. In order to fulfill its obligations under this 
Convention, each State Party shall designate or establish a 
National Authority to serve as the national focal point for 
effective liaison with the Organization and other States 
Parties. Each State Party shall notify the Organization of its 
National Authority at the time that this Convention enters into 
force for it.
    5. Each State Party shall inform the Organization of the 
legislative and administrative measures taken to implement this 
Convention.
    6. Each State Party shall treat as confidential and afford 
special handling to information and data that it receives in 
confidence from the Organization in connection with the 
implementation of this Convention. It shall treat such 
information and data exclusively in connection with its rights 
and obligations under this Convention and in accordance with 
the provisions set forth in the Confidentiality Annex.
    7. Each State Party undertakes to cooperate with the 
Organization in the exercise of all its functions and in 
particular to provide assistance to the Technical Secretariat.

                              ARTICLE VIII

                            THE ORGANIZATION

                         A. GENERAL PROVISIONS

    1. The States Parties to this Convention hereby establish 
the Organization for the Prohibition of Chemical Weapons to 
achieve the object and purpose of this Convention, to ensure 
the implementation of its provisions, including those for 
international verification of compliance with it, and to 
provide a forum for consultation and cooperation among States 
Parties.
    2. All States Parties to this Convention shall be members 
of the Organization. A State Party shall not be deprived of its 
membership in the Organization.
    3. The seat of the Headquarters of the Organization shall 
be The Hague, Kingdom of the Netherlands.
    4. There are hereby established as the organs of the 
Organization: the Conference of the States Parties, the 
Executive Council, and the Technical Secretariat.
    5. The Organization shall conduct its verification 
activities provided for under this Convention in the least 
intrusive manner possible consistent with the timely and 
efficient accomplishment of their objectives. It shall request 
only the information and data necessary to fulfill its 
responsibilities under this Convention. It shall take every 
precaution to protect the confidentiality of information on 
civil and military activities and facilities coming to its 
knowledge in the implementation of this Convention and, in 
particular, shall abide by the provisions set forth in the 
Confidentiality Annex.
    6. In undertaking its verification activities the 
Organization shall consider measures to make use of advances in 
science and technology.
    7. The costs of the Organization's activities shall be paid 
by States Parties in accordance with the United Nations scale 
of assessment adjusted to take into account differences in 
membership between the United Nations and this Organization, 
and subject to the provisions of Articles IV and V. Financial 
contributions of States Parties to the Preparatory Commission 
shall be deducted in an appropriate way from their 
contributions to the regular budget. The budget of the 
Organization shall comprise two separate chapters, one relating 
to administrative and other costs, and one relating to 
verification costs.
    8. A member of the Organization which is in arrears in the 
payment of its financial contribution to the Organization shall 
have no vote in the Organization if the amount of its arrears 
equals or exceeds the amount of the contribution due from it 
for the preceding two full years. The Conference of the States 
Parties may, nevertheless, permit such a member to vote if it 
is satisfied that the failure to pay is due to conditions 
beyond the control of the member.

                B. THE CONFERENCE OF THE STATES PARTIES

Composition, procedures and decision-making

    9. The Conference of the States Parties (hereinafter 
referred to as ``the Conference'') shall be composed of all 
members of this Organization. Each member shall have one 
representative in the Conference, who may be accompanied by 
alternates and advisers.
    10. The first session of the Conference shall be convened 
by the depositary not later than 30 days after the entry into 
force of this Convention.
    11. The Conference shall meet in regular sessions which 
shall be held annually unless it decides otherwise.
    12. Special sessions of the Conference shall be convened:
          (a) When decided by the Conference;
          (b) When requested by the Executive Council;
          (c) When requested by any member and supported by one 
        third of the members; or
          (d) In accordance with paragraph 22 to undertake 
        reviews of the operation of this Convention.
          Except in the case of subparagraph (d), the special 
        session shall be convened not later than 30 days after 
        receipt of the request by the Director-General of the 
        Technical Secretariat, unless specified otherwise in 
        the request.
    13. The Conference shall also be convened in the form of an 
Amendment Conference in accordance with Article XV, paragraph 
2.
    14. Sessions of the Conference shall take place at the seat 
of the Organization unless the Conference decides otherwise.
    15. The Conference shall adopt its rules of procedure. At 
the beginning of each regular session, it shall elect its 
Chairman and such other officers as may be required. They shall 
hold office until a new Chairman and other officers are elected 
at the next regular session.
    16. A majority of the members of the Organization shall 
constitute a quorum for the Conference.
    17. Each member of the Organization shall have one vote in 
the Conference.
    18. The Conference shall take decisions on questions of 
procedure by a simple majority of the members present and 
voting. Decisions on matters of substance should be taken as 
far as possible by consensus. If consensus is not attainable 
when an issue comes up for decision, the Chairman shall defer 
any vote for 24 hours and during this period of deferment shall 
make every effort to facilitate achievement of consensus, and 
shall report to the Conference before the end of this period. 
If consensus is not possible at the end of 24 hours, the 
Conference shall take the decision by a two-thirds majority of 
members present and voting unless specified otherwise in this 
Convention. When the issue arises as to whether the question is 
one of substance or not, that question shall be treated as a 
matter of substance unless otherwise decided by the Conference 
by the majority required for decisions on matters of substance.

Powers and functions

    19. The Conference shall be the principal organ of the 
Organization. It shall consider any questions, matters or 
issues within the scope of this Convention, including those 
relating to the powers and functions of the Executive Council 
and the Technical Secretariat. It may make recommendations and 
take decisions on any questions, matters or issues related to 
this Convention raised by a State Party or brought to its 
attention by the Executive Council.
    20. The Conference shall oversee the implementation of this 
Convention, and act in order to promote its object and purpose. 
The Conference shall review compliance with this Convention. It 
shall also oversee the activities of the Executive Council and 
the Technical Secretariat and may issue guidelines in 
accordance with this Convention to either of them in the 
exercise of their functions.
    21. The Conference shall:
          (a) Consider and adopt at its regular sessions the 
        report, programme and budget of the Organization, 
        submitted by the Executive Council, as well as consider 
        other reports;
          (b) Decide on the scale of financial contributions to 
        be paid by States Parties in accordance with paragraph 
        7;
          (c) Elect the members of the Executive Council;
          (d) Appoint the Director-General of the Technical 
        Secretariat (hereinafter referred to as ``the Director-
        General'');
          (e) Approve the rules of procedure of the Executive 
        Council submitted by the latter;
          (f) Establish such subsidiary organs as it finds 
        necessary for the exercise of its functions in 
        accordance with this Convention;
          (g) Foster international cooperation for peaceful 
        purposes in the field of chemical activities;
          (h) Review scientific and technological developments 
        that could affect the operation of this Convention and, 
        in this context, direct the Director-General to 
        establish a Scientific Advisory Board to enable him, in 
        the performance of his functions, to render specialized 
        advice in areas of science and technology relevant to 
        this Convention, to the Conference, the Executive 
        Council or States Parties. The Scientific Advisory 
        Board shall be composed of independent experts 
        appointed in accordance with terms of reference adopted 
        by the Conference;
          (i) Consider and approve at its first session any 
        draft agreements, provisions and guidelines developed 
        by the Preparatory Commission;
          (j) Establish at its first session the voluntary fund 
        for assistance in accordance with Article X;
          (k) Take the necessary measures to ensure compliance 
        with this Convention and to redress and remedy any 
        situation which contravenes the provisions of this 
        Convention, in accordance with Article XII.
    22. The Conference shall not later than one year after the 
expiry of the fifth and the tenth year after the entry into 
force of this Convention, and at such other times within that 
time period as may be decided upon, convene in special sessions 
to undertake reviews of the operation of this Convention. Such 
reviews shall take into account any relevant scientific and 
technological developments. At intervals of five years 
thereafter, unless otherwise decided upon, further sessions of 
the Conference shall be convened with the same objective.

                        C. THE EXECUTIVE COUNCIL

Composition, procedures and decision-making

    23. The Executive Council shall consist of 41 members. Each 
State Party shall have the right, in accordance with the 
principle of rotation, to serve on the Executive Council. The 
members of the Executive Council shall be elected by the 
Conference for a term of two years. In order to ensure the 
effective functioning of this Convention, due regard being 
specially paid to equitable geographical distribution, to the 
importance of chemical industry, as well as to political and 
security interests, the Executive Council shall be composed as 
follows:
          (a) Nine States Parties from Africa to be designated 
        by States Parties located in this region. As a basis 
        for this designation it is understood that, out of 
        these nine States Parties, three members shall, as a 
        rule, be the States Parties with the most significant 
        national chemical industry in the region as determined 
        by internationally reported and published data; in 
        addition, the regional group shall agree also to take 
        into account other regional factors in designating 
        these three members;
          (b) Nine States Parties from Asia to be designated by 
        States Parties located in this region. As a basis for 
        this designation it is understood that, out of these 
        nine States Parties, four members shall, as a rule, be 
        the States Parties with the most significant national 
        chemical industry in the region as determined by 
        internationally reported and published data; in 
        addition, the regional group shall agree also to take 
        into account other regional factors in designating 
        these four members;
          (c) Five States Parties from Eastern Europe to be 
        designated by States Parties located in this region. As 
        a basis for this designation it is understood that, out 
        of these five States Parties, one member shall, as a 
        rule, be the State Party with the most significant 
        national chemical industry in the region as determined 
        by internationally reported and published data; in 
        addition, the regional group shall agree also to take 
        into account other regional factors in designating this 
        one member;
          (d) Seven States Parties from Latin America and the 
        Caribbean to be designated by States Parties located in 
        this region. As a basis for this designation it is 
        understood that, out of these seven States Parties, 
        three members shall, as a rule, be the States Parties 
        with the most significant national chemical industry in 
        the region as determined by internationally reported 
        and published data; in addition, the regional group 
        shall agree also to take into account other regional 
        factors in designating these three members;
          (e) Ten States Parties from among Western European 
        and other States to be designated by States Parties 
        located in this region. As a basis for this designation 
        it is understood that, out of these 10 States Parties, 
        5 members shall, as a rule, be the States Parties with 
        the most significant national chemical industry in the 
        region as determined by internationally reported and 
        published data; in addition, the regional group shall 
        agree also to take into account other regional factors 
        in designating these five members;
          (f) One further State Party to be designated 
        consecutively by States Parties located in the regions 
        of Asia and Latin America and the Caribbean. As a basis 
        for this designation it is understood that this State 
        Party shall be a rotating member from these regions.
    24. For the first election of the Executive Council 20 
members shall be elected for a term of one year, due regard 
being paid to the established numerical proportions as 
described in paragraph 23.
    25. After the full implementation of Articles IV and V the 
Conference may, upon the request of a majority of the members 
of the Executive Council, review the composition of the 
Executive Council taking into account developments related to 
the principles specified in paragraph 23 that are governing its 
composition.
    26. The Executive Council shall elaborate its rules of 
procedure and submit them to the Conference for approval.
    27. The Executive Council shall elect its Chairman from 
among its members.
    28. The Executive Council shall meet for regular sessions. 
Between regular sessions it shall meet as often as may be 
required for the fulfillment of its powers and functions.
    29. Each member of the Executive Council shall have one 
vote. Unless otherwise specified in this Convention, the 
Executive Council shall take decisions on matters of substance 
by a two-thirds majority of all its members. The Executive 
Council shall take decisions on questions of procedure by a 
simple majority of all its members. When the issue arises as to 
whether the question is one of substance or not, that question 
shall be treated as a matter of substance unless otherwise 
decided by the Executive Council by the majority required for 
decisions on matters of substance.

Powers and functions

    30. The Executive Council shall be the executive organ of 
the Organization. It shall be responsible to the Conference. 
The Executive Council shall carry out the powers and functions 
entrusted to it under this Convention, as well as those 
functions delegated to it by the Conference. In so doing, it 
shall act in conformity with the recommendations, decisions and 
guidelines of the Conference and assure their proper and 
continuous implementation.
    31. The Executive Council shall promote the effective 
implementation of, and compliance with, this Convention. It 
shall supervise the activities of the Technical Secretariat, 
cooperate with the National Authority of each State Party and 
facilitate consultations and cooperation among States Parties 
at their request.
    32. The Executive Council shall:
          (a) Consider and submit to the Conference the draft 
        programme and budget of the Organization;
          (b) Consider and submit to the Conference the draft 
        report of the Organization on the implementation of 
        this Convention, the report on the performance of its 
        own activities and such special reports as it deems 
        necessary or which the Conference may request;
          (c) Make arrangements for the sessions of the 
        Conference including the preparation of the draft 
        agenda.
    33. The Executive Council may request the convening of a 
special session of the Conference.
    34. The Executive Council shall:
          (a) Conclude agreements or arrangements with States 
        and international organizations on behalf of the 
        Organization, subject to prior approval by the 
        Conference;
          (b) Conclude agreements with States Parties on behalf 
        of the Organization in connection with Article X and 
        supervise the voluntary fund referred to in Article X;
          (c) Approve agreements or arrangements relating to 
        the implementation of verification activities, 
        negotiated by the Technical Secretariat with States 
        Parties.
    35. The Executive Council shall consider any issue or 
matter within its competence affecting this Convention and its 
implementation, including concerns regarding compliance, and 
cases of non-compliance, and, as appropriate, inform States 
Parties and bring the issue or matter to the attention of the 
Conference.
    36. In its consideration of doubts or concerns regarding 
compliance and cases of non-compliance, including, inter alia, 
abuse of the rights provided for under this Convention, the 
Executive Council shall consult with the States Parties 
involved and, as appropriate, request the State Party to take 
measures to redress the situation within a specified time. To 
the extent that the Executive Council considers further action 
to be necessary, it shall take, inter alia, one or more of the 
following measures:
          (a) Inform all States Parties of the issue or matter;
          (b) Bring the issue or matter to the attention of the 
        Conference;
          (c) Make recommendations to the Conference regarding 
        measures to redress the situation and to ensure 
        compliance.
          The Executive Council shall, in cases of particular 
        gravity and urgency, bring the issue or matter, 
        including relevant information and conclusions, 
        directly to the attention of the United Nations General 
        Assembly and the United Nations Security Council. It 
        shall at the same time inform all States Parties of 
        this step.

                      D. THE TECHNICAL SECRETARIAT

    37. The Technical Secretariat shall assist the Conference 
and the Executive Council in the performance of their 
functions. The Technical Secretariat shall carry out the 
verification measures provided for in this Convention. It shall 
carry out the other functions entrusted to it under this 
Convention as well as those functions delegated to it by the 
Conference and the Executive Council.
    38. The Technical Secretariat shall:
          (a) Prepare and submit to the Executive Council the 
        draft programme and budget of the Organization;
          (b) Prepare and submit to the Executive Council the 
        draft report of the Organization on the implementation 
        of this Convention and such other reports as the 
        Conference or the Executive Council may request;
          (c) Provide administrative and technical support to 
        the Conference, the Executive Council and subsidiary 
        organs;
          (d) Address and receive communications on behalf of 
        the Organization to and from States Parties on matters 
        pertaining to the implementation of this Convention;
          (e) Provide technical assistance and technical 
        evaluation to States Parties in the implementation of 
        the provisions of this Convention, including evaluation 
        of scheduled and unscheduled chemicals.
    39. The Technical Secretariat shall:
          (a) Negotiate agreements or arrangements relating to 
        the implementation of verification activities with 
        States Parties, subject to approval by the Executive 
        Council;
          (b) Not later than 180 days after entry into force of 
        this Convention, coordinate the establishment and 
        maintenance of permanent stockpiles of emergency and 
        humanitarian assistance by States Parties in accordance 
        with Article X, paragraphs 7 (b) and (c). The Technical 
        Secretariat may inspect the items maintained for 
        serviceability. Lists of items to be stockpiled shall 
        be considered and approved by the Conference pursuant 
        to paragraph 21 (i) above;
          (c) Administer the voluntary fund referred to in 
        Article X, compile declarations made by the States 
        Parties and register, when requested, bilateral 
        agreements concluded between States Parties or between 
        a State Party and the Organization for the purposes of 
        Article X.
    40. The Technical Secretariat shall inform the Executive 
Council of any problem that has arisen with regard to the 
discharge of its functions, including doubts, ambiguities or 
uncertainties about compliance with this Convention that have 
come to its notice in the performance of its verification 
activities and that it has been unable to resolve or clarify 
through its consultations with the State Party concerned.
    41. The Technical Secretariat shall comprise a Director-
General, who shall be its head and chief administrative 
officer, inspectors and such scientific, technical and other 
personnel as may be required.
    42. The Inspectorate shall be a unit of the Technical 
Secretariat and shall act under the supervision of the 
Director-General.
    43. The Director-General shall be appointed by the 
Conference upon the recommendation of the Executive Council for 
a term of four years, renewable for one further term, but not 
thereafter.
    44. The Director-General shall be responsible to the 
Conference and the Executive Council for the appointment of the 
staff and the organization and functioning of the Technical 
Secretariat. The paramount consideration in the employment of 
the staff and in the determination of the conditions of service 
shall be the necessity of securing the highest standards of 
efficiency, competence and integrity. Only citizens of States 
Parties shall serve as the Director-General, as inspectors or 
as other members of the professional and clerical staff. Due 
regard shall be paid to the importance of recruiting the staff 
on as wide a geographical basis as possible. Recruitment shall 
be guided by the principle that the staff shall be kept to a 
minimum necessary for the proper discharge of the 
responsibilities of the Technical Secretariat.
    45. The Director-General shall be responsible for the 
organization and functioning of the Scientific Advisory Board 
referred to in paragraph 21 (h). The Director-General shall, in 
consultation with States Parties, appoint members of the 
Scientific Advisory Board, who shall serve in their individual 
capacity. The members of the Board shall be appointed on the 
basis of their expertise in the particular scientific fields 
relevant to the implementation of this Convention. The 
Director-General may also, as appropriate, in consultation with 
members of the Board, establish temporary working groups of 
scientific experts to provide recommendations on specific 
issues. In regard to the above, States Parties may submit lists 
of experts to the Director-General.
    46. In the performance of their duties, the Director-
General, the inspectors and the other members of the staff 
shall not seek or receive instructions from any Government or 
from any other source external to the Organization. They shall 
refrain from any action that might reflect on their positions 
as international officers responsible only to the Conference 
and the Executive Council.
    47. Each State Party shall respect the exclusively 
international character of the responsibilities of the 
Director-General, the inspectors and the other members of the 
staff and not seek to influence them in the discharge of their 
responsibilities.

                      E. PRIVILEGES AND IMMUNITIES

    48. The Organization shall enjoy on the territory and in 
any other place under the jurisdiction or control of a State 
Party such legal capacity and such privileges and immunities as 
are necessary for the exercise of its functions.
    49. Delegates of States Parties, together with their 
alternates and advisers, representatives appointed to the 
Executive Council together with their alternates and advisers, 
the Director-General and the staff of the Organization shall 
enjoy such privileges and immunities as are necessary in the 
independent exercise of their functions in connection with the 
Organization.
    50. The legal capacity, privileges, and immunities referred 
to in this Article shall be defined in agreements between the 
Organization and the States Parties as well as in an agreement 
between the Organization and the State in which the 
headquarters of the Organization is seated. These agreements 
shall be considered and approved by the Conference pursuant to 
paragraph 21 (i).
    51. Notwithstanding paragraphs 48 and 49, the privileges 
and immunities enjoyed by the Director-General and the staff of 
the Technical Secretariat during the conduct of verification 
activities shall be those set forth in Part II, Section B, of 
the Verification Annex.

                               ARTICLE IX

              CONSULTATIONS, COOPERATION AND FACT-FINDING

    1. States Parties shall consult and cooperate, directly 
among themselves, or through the Organization or other 
appropriate international procedures, including procedures 
within the framework of the United Nations and in accordance 
with its Charter, on any matter which may be raised relating to 
the object and purpose, or the implementation of the 
provisions, of this Convention.
    2. Without prejudice to the right of any State Party to 
request a challenge inspection, States Parties should, whenever 
possible, first make every effort to clarify and resolve, 
through exchange of information and consultations among 
themselves, any matter which may cause doubt about compliance 
with this Convention, or which gives rise to concerns about a 
related matter which may be considered ambiguous. A State Party 
which receives a request from another State Party for 
clarification of any matter which the requesting State Party 
believes causes such a doubt or concern shall provide the 
requesting State Party as soon as possible, but in any case not 
later than 10 days after the request, with information 
sufficient to answer the doubt or concern raised along with an 
explanation of how the information provided resolves the 
matter. Nothing in this Convention shall affect the right of 
any two or more States Parties to arrange by mutual consent for 
inspections or any other procedures among themselves to clarify 
and resolve any matter which may cause doubt about compliance 
or gives rise to a concern about a related matter which may be 
considered ambiguous. Such arrangements shall not affect the 
rights and obligations of any State Party under other 
provisions of this Convention.

Procedure for requesting clarification

    3. A State Party shall have the right to request the 
Executive Council to assist in clarifying any situation which 
may be considered ambiguous or which gives rise to a concern 
about the possible non-compliance of another State Party with 
this Convention. The Executive Council shall provide 
appropriate information in its possession relevant to such a 
concern.
    4. A State Party shall have the right to request the 
Executive Council to obtain clarification from another State 
Party on any situation which may be considered ambiguous or 
which gives rise to a concern about its possible non-compliance 
with this Convention. In such a case, the following shall 
apply:
          (a) The Executive Council shall forward the request 
        for clarification to the State Party concerned through 
        the Director-General not later than 24 hours after its 
        receipt;
          (b) The requested State Party shall provide the 
        clarification to the Executive Council as soon as 
        possible, but in any case not later than 10 days after 
        the receipt of the request;
          (c) The Executive Council shall take note of the 
        clarification and forward it to the requesting State 
        Party not later than 24 hours after its receipt;
          (d) If the requesting State Party deems the 
        clarification to be inadequate, it shall have the right 
        to request the Executive Council to obtain from the 
        requested State Party further clarification;
          (e) For the purpose of obtaining further 
        clarification requested under subparagraph (d), the 
        Executive Council may call on the Director-General to 
        establish a group of experts from the Technical 
        Secretariat, or if appropriate staff are not available 
        in the Technical Secretariat, from elsewhere, to 
        examine all available information and data relevant to 
        the situation causing the concern. The group of experts 
        shall submit a factual report to the Executive Council 
        on its findings;
          (f) If the requesting State Party considers the 
        clarification obtained under subparagraphs (d) and (e) 
        to be unsatisfactory, it shall have the right to 
        request a special session of the Executive Council in 
        which States Parties involved that are not members of 
        the Executive Council shall be entitled to take part. 
        In such a special session, the Executive Council shall 
        consider the matter and may recommend any measure it 
        deems appropriate to resolve the situation.
    5. A State Party shall also have the right to request the 
Executive Council to clarify any situation which has been 
considered ambiguous or has given rise to a concern about its 
possible non-compliance with this Convention. The Executive 
Council shall respond by providing such assistance as 
appropriate.
    6. The Executive Council shall inform the States Parties 
about any request for clarification provided in this Article.
    7. If the doubt or concern of a State Party about a 
possible non-compliance has not been resolved within 60 days 
after the submission of the request for clarification to the 
Executive Council, or it believes its doubts warrant urgent 
consideration, notwithstanding its right to request a challenge 
inspection, it may request a special session of the Conference 
in accordance with Article VIII, paragraph 12 (c). At such a 
special session, the Conference shall consider the matter and 
may recommend any measure it deems appropriate to resolve the 
situation.

Procedures for challenge inspections

    8. Each State Party has the right to request an on-site 
challenge inspection of any facility or location in the 
territory or in any other place under the jurisdiction or 
control of any other State Party for the sole purpose of 
clarifying and resolving any questions concerning possible non-
compliance with the provisions of this Convention, and to have 
this inspection conducted anywhere without delay by an 
inspection team designated by the Director-General and in 
accordance with the Verification Annex.
    9. Each State Party is under the obligation to keep the 
inspection request within the scope of this Convention and to 
provide in the inspection request all appropriate information 
on the basis of which a concern has arisen regarding possible 
non-compliance with this Convention as specified in the 
Verification Annex. Each State Party shall refrain from 
unfounded inspection requests, care being taken to avoid abuse. 
The challenge inspection shall be carried out for the sole 
purpose of determining facts relating to the possible non-
compliance.
    10. For the purpose of verifying compliance with the 
provisions of this Convention, each State Party shall permit 
the Technical Secretariat to conduct the on-site challenge 
inspection pursuant to paragraph 8.
    11. Pursuant to a request for a challenge inspection of a 
facility or location, and in accordance with the procedures 
provided for in the Verification Annex, the inspected State 
Party shall have:
          (a) The right and the obligation to make every 
        reasonable effort to demonstrate its compliance with 
        this Convention and, to this end, to enable the 
        inspection team to fulfill its mandate;
          (b) The obligation to provide access within the 
        requested site for the sole purpose of establishing 
        facts relevant to the concern regarding possible non-
        compliance; and
          (c) The right to take measures to protect sensitive 
        installations, and to prevent disclosure of 
        confidential information and data, not related to this 
        Convention.
    12. With regard to an observer, the following shall apply:
          (a) The requesting State Party may, subject to the 
        agreement of the inspected State Party, send a 
        representative who may be a national either of the 
        requesting State Party or of a third State Party, to 
        observe the conduct of the challenge inspection.
          (b) The inspected State Party shall then grant access 
        to the observer in accordance with the Verification 
        Annex.
          (c) The inspected State Party shall, as a rule, 
        accept the proposed observer, but if the inspected 
        State Party exercises a refusal, that fact shall be 
        recorded in the final report.
    13. The requesting State Party shall present an inspection 
request for an on-site challenge inspection to the Executive 
Council and at the same time to the Director-General for 
immediate processing.
    14. The Director-General shall immediately ascertain that 
the inspection request meets the requirements specified in Part 
X, paragraph 4, of the Verification Annex, and, if necessary, 
assist the requesting State Party in filing the inspection 
request accordingly. When the inspection request fulfills the 
requirements, preparations for the challenge inspection shall 
begin.
    15. The Director-General shall transmit the inspection 
request to the inspected State Party not less than 12 hours 
before the planned arrival of the inspection team at the point 
of entry.
    16. After having received the inspection request, the 
Executive Council shall take cognizance of the Director-
General's actions on the request and shall keep the case under 
its consideration throughout the inspection procedure. However, 
its deliberations shall not delay the inspection process.
    17. The Executive Council may, not later than 12 hours 
after having received the inspection request, decide by a 
three-quarter majority of all its members against carrying out 
the challenge inspection, if it considers the inspection 
request to be frivolous, abusive or clearly beyond the scope of 
this Convention as described in paragraph 8. Neither the 
requesting nor the inspected State Party shall participate in 
such a decision. If the Executive Council decides against the 
challenge inspection, preparations shall be stopped, no further 
action on the inspection request shall be taken, and the States 
Parties concerned shall be informed accordingly.
    18. The Director-General shall issue an inspection mandate 
for the conduct of the challenge inspection. The inspection 
mandate shall be the inspection request referred to in 
paragraphs 8 and 9 put into operational terms, and shall 
conform with the inspection request.
    19. The challenge inspection shall be conducted in 
accordance with Part X or, in the case of alleged use, in 
accordance with Part XI of the Verification Annex. The 
inspection team shall be guided by the principle of conducting 
the challenge inspection in the least intrusive manner 
possible, consistent with the effective and timely 
accomplishment of its mission.
    20. The inspected State Party shall assist the inspection 
team throughout the challenge inspection and facilitate its 
task. If the inspected State Party proposes, pursuant to Part 
X, Section C, of the Verification Annex, arrangements to 
demonstrate compliance with this Convention, alternative to 
full and comprehensive access, it shall make every reasonable 
effort, through consultations with the inspection team, to 
reach agreement on the modalities for establishing the facts 
with the aim of demonstrating its compliance.
    21. The final report shall contain the factual findings as 
well as an assessment by the inspection team of the degree and 
nature of access and cooperation granted for the satisfactory 
implementation of the challenge inspection. The Director-
General shall promptly transmit the final report of the 
inspection team to the requesting State Party, to the inspected 
State Party, to the Executive Council and to all other States 
Parties. The Director-General shall further transmit promptly 
to the Executive Council the assessments of the requesting and 
of the inspected States Parties, as well as the views of other 
States Parties which may be conveyed to the Director-General 
for that purpose, and then provide them to all States Parties.
    22. The Executive Council shall, in accordance with its 
powers and functions, review the final report of the inspection 
team as soon as it is presented, and address any concerns as 
to:
          (a) Whether any non-compliance has occurred;
          (b) Whether the request had been within the scope of 
        this Convention; and
          (c) Whether the right to request a challenge 
        inspection had been abused.
    23. If the Executive Council reaches the conclusion, in 
keeping with its powers and functions, that further action may 
be necessary with regard to paragraph 22, it shall take the 
appropriate measures to redress the situation and to ensure 
compliance with this Convention, including specific 
recommendations to the Conference. In the case of abuse, the 
Executive Council shall examine whether the requesting State 
Party should bear any of the financial implications of the 
challenge inspection.
    24. The requesting State Party and the inspected State 
Party shall have the right to participate in the review 
process. The Executive Council shall inform the States Parties 
and the next session of the Conference of the outcome of the 
process.
    25. If the Executive Council has made specific 
recommendations to the Conference, the Conference shall 
consider action in accordance with Article XII.

                               ARTICLE X

           ASSISTANCE AND PROTECTION AGAINST CHEMICAL WEAPONS

    1. For the purposes of this Article, ``Assistance'' means 
the coordination and delivery to States Parties of protection 
against chemical weapons, including, inter alia, the following: 
detection equipment and alarm systems; protective equipment; 
decontamination equipment and decontaminants; medical antidotes 
and treatments; and advice on any of these protective measures.
    2. Nothing in this Convention shall be interpreted as 
impeding the right of any State Party to conduct research into, 
develop, produce, acquire, transfer or use means of protection 
against chemical weapons, for purposes not prohibited under 
this Convention.
    3. Each State Party undertakes to facilitate, and shall 
have the right to participate in, the fullest possible exchange 
of equipment, material and scientific and technological 
information concerning means of protection against chemical 
weapons.
    4. For the purposes of increasing the transparency of 
national programmes related to protective purposes, each State 
Party shall provide annually to the Technical Secretariat 
information on its programme, in accordance with procedures to 
be considered and approved by the Conference pursuant to 
Article VIII, paragraph 21 (i).
    5. The Technical Secretariat shall establish, not later 
than 180 days after entry into force of this Convention and 
maintain, for the use of any requesting State Party, a data 
bank containing freely available information concerning various 
means of protection against chemical weapons as well as such 
information as may be provided by States Parties.
          The Technical Secretariat shall also, within the 
        resources available to it, and at the request of a 
        State Party, provide expert advice and assist the State 
        Party in identifying how its programmes for the 
        development and improvement of a protective capacity 
        against chemical weapons could be implemented.
    6. Nothing in this Convention shall be interpreted as 
impeding the right of States Parties to request and provide 
assistance bilaterally and to conclude individual agreements 
with other States Parties concerning the emergency procurement 
of assistance.
    7. Each State Party undertakes to provide assistance 
through the Organization and to this end to elect to take one 
or more of the following measures:
          (a) To contribute to the voluntary fund for 
        assistance to be established by the Conference at its 
        first session;
          (b) To conclude, if possible not later than 180 days 
        after this Convention enters into force for it, 
        agreements with the Organization concerning the 
        procurement, upon demand, of assistance;
          (c) To declare, not later than 180 days after this 
        Convention enters into force for it, the kind of 
        assistance it might provide in response to an appeal by 
        the Organization. If, however, a State Party 
        subsequently is unable to provide the assistance 
        envisaged in its declaration, it is still under the 
        obligation to provide assistance in accordance with 
        this paragraph.
    8. Each State Party has the right to request and, subject 
to the procedures set forth in paragraphs 9, 10 and 11, to 
receive assistance and protection against the use or threat of 
use of chemical weapons if it considers that:
          (a) Chemical weapons have been used against it;
          (b) Riot control agents have been used against it as 
        a method of warfare; or
          (c) It is threatened by actions or activities of any 
        State that are prohibited for States Parties by Article 
        I.
    9. The request, substantiated by relevant information, 
shall be submitted to the Director-General, who shall transmit 
it immediately to the Executive Council and to all States 
Parties. The Director-General shall immediately forward the 
request to States Parties which have volunteered, in accordance 
with paragraphs 7 (b) and (c), to dispatch emergency assistance 
in case of use of chemical weapons or use of riot control 
agents as a method of warfare, or humanitarian assistance in 
case of serious threat of use of chemical weapons or serious 
threat of use of riot control agents as a method of warfare to 
the State Party concerned not later than 12 hours after receipt 
of the request. The Director-General shall initiate, not later 
than 24 hours after receipt of the request, an investigation in 
order to provide foundation for further action. He shall 
complete the investigation within 72 hours and forward a report 
to the Executive Council. If additional time is required for 
completion of the investigation, an interim report shall be 
submitted within the same time-frame. The additional time 
required for investigation shall not exceed 72 hours. It may, 
however, be further extended by similar periods. Reports at the 
end of each additional period shall be submitted to the 
Executive Council. The investigation shall, as appropriate and 
in conformity with the request and the information accompanying 
the request, establish relevant facts related to the request as 
well as the type and scope of supplementary assistance and 
protection needed.
    10. The Executive Council shall meet not later than 24 
hours after receiving an investigation report to consider the 
situation and shall take a decision by simple majority within 
the following 24 hours on whether to instruct the Technical 
Secretariat to provide supplementary assistance. The Technical 
Secretariat shall immediately transmit to all States Parties 
and relevant international organizations the investigation 
report and the decision taken by the Executive Council. When so 
decided by the Executive Council, the Director-General shall 
provide assistance immediately. For this purpose, the Director-
General may cooperate with the requesting State Party, other 
States Parties and relevant international organizations. The 
States Parties shall make the fullest possible efforts to 
provide assistance.
    11. If the information available from the ongoing 
investigation or other reliable sources would give sufficient 
proof that there are victims of use of chemical weapons and 
immediate action is indispensable, the Director-General shall 
notify all States Parties and shall take emergency measures of 
assistance, using the resources the Conference has placed at 
his disposal for such contingencies. The Director-General shall 
keep the Executive Council informed of actions undertaken 
pursuant to this paragraph.

                               ARTICLE XI

                 ECONOMIC AND TECHNOLOGICAL DEVELOPMENT

    1. The provisions of this Convention shall be implemented 
in a manner which avoids hampering the economic or 
technological development of States Parties, and international 
cooperation in the field of chemical activities for purposes 
not prohibited under this Convention including the 
international exchange of scientific and technical information 
and chemicals and equipment for the production, processing or 
use of chemicals for purposes not prohibited under this 
Convention.
    2. Subject to the provisions of this Convention and without 
prejudice to the principles and applicable rules of 
international law, the States Parties shall:
          (a) Have the right, individually or collectively, to 
        conduct research with, to develop, produce, acquire, 
        retain, transfer, and use chemicals;
          (b) Undertake to facilitate, and have the right to 
        participate in, the fullest possible exchange of 
        chemicals, equipment and scientific and technical 
        information relating to the development and application 
        of chemistry for purposes not prohibited under this 
        Convention;
          (c) Not maintain among themselves any restrictions, 
        including those in any international agreements, 
        incompatible with the obligations undertaken under this 
        Convention, which would restrict or impede trade and 
        the development and promotion of scientific and 
        technological knowledge in the field of chemistry for 
        industrial, agricultural, research, medical, 
        pharmaceutical or other peaceful purposes;
          (d) Not use this Convention as grounds for applying 
        any measures other than those provided for, or 
        permitted, under this Convention nor use any other 
        international agreement for pursuing an objective 
        inconsistent with this Convention;
          (e) Undertake to review their existing national 
        regulations in the field of trade in chemicals in order 
        to render them consistent with the object and purpose 
        of this Convention.

                              ARTICLE XII

  MEASURES TO REDRESS A SITUATION AND TO ENSURE COMPLIANCE, INCLUDING 
                               SANCTIONS

    1. The Conference shall take the necessary measures, as set 
forth in paragraphs 2, 3 and 4, to ensure compliance with this 
Convention and to redress and remedy any situation which 
contravenes the provisions of this Convention. In considering 
action pursuant to this paragraph, the Conference shall take 
into account all information and recommendations on the issues 
submitted by the Executive Council.
    2. In cases where a State Party has been requested by the 
Executive Council to take measures to redress a situation 
raising problems with regard to its compliance, and where the 
State Party fails to fulfill the request within the specified 
time, the Conference may, inter alia, upon the recommendation 
of the Executive Council, restrict or suspend the State Party's 
rights and privileges under this Convention until it undertakes 
the necessary action to conform with its obligations under this 
Convention.
    3. In cases where serious damage to the object and purpose 
of this Convention may result from activities prohibited under 
this Convention, in particular by Article I, the Conference may 
recommend collective measures to States Parties in conformity 
with international law.
    4. The Conference shall, in cases of particular gravity, 
bring the issue, including relevant information and 
conclusions, to the attention of the United Nations General 
Assembly and the United Nations Security Council.

                              ARTICLE XIII

               RELATION TO OTHER INTERNATIONAL AGREEMENTS

    Nothing in this Convention shall be interpreted as in any 
way limiting or detracting from the obligations assumed by any 
State under the Protocol for the Prohibition of the Use in War 
of Asphyxiating, Poisonous or Other Gases, and of 
Bacteriological Methods of Warfare, signed at Geneva on 17 June 
1925, and under the Convention on the Prohibition of the 
Development, Production and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on Their Destruction, signed 
at London, Moscow and Washington on 10 April 1972.

                              ARTICLE XIV

                         SETTLEMENT OF DISPUTES

    1. Disputes that may arise concerning the application or 
the interpretation of this Convention shall be settled in 
accordance with the relevant provisions of this Convention and 
in conformity with the provisions of the Charter of the United 
Nations.
    2. When a dispute arises between two or more States 
Parties, or between one or more States Parties and the 
Organization, relating to the interpretation or application of 
this Convention, the parties concerned shall consult together 
with a view to the expeditious settlement of the dispute by 
negotiation or by other peaceful means of the parties' choice, 
including recourse to appropriate organs of this Convention 
and, by mutual consent, referral to the International Court of 
Justice in conformity with the Statute of the Court. The States 
Parties involved shall keep the Executive Council informed of 
actions being taken.
    3. The Executive Council may contribute to the settlement 
of a dispute by whatever means it deems appropriate, including 
offering its good offices, calling upon the States Parties to a 
dispute to start the settlement process of their choice and 
recommending a time-limit for any agreed procedure.
    4. The Conference shall consider questions related to 
disputes raised by States Parties or brought to its attention 
by the Executive Council. The Conference shall, as it finds 
necessary, establish or entrust organs with tasks related to 
the settlement of these disputes in conformity with Article 
VIII, paragraph 21 (f).
    5. The Conference and the Executive Council are separately 
empowered, subject to authorization from the General Assembly 
of the United Nations, to request the International Court of 
Justice to give an advisory opinion on any legal question 
arising within the scope of the activities of the Organization. 
An agreement between the Organization and the United Nations 
shall be concluded for this purpose in accordance with Article 
VIII, paragraph 34 (a).
    6. This Article is without prejudice to Article IX or to 
the provisions on measures to redress a situation and to ensure 
compliance, including sanctions.

                               ARTICLE XV

                               AMENDMENTS

    1. Any State Party may propose amendments to this 
Convention. Any State Party may also propose changes, as 
specified in paragraph 4, to the Annexes of this Convention. 
Proposals for amendments shall be subject to the procedures in 
paragraphs 2 and 3. Proposals for changes, as specified in 
paragraph 4, shall be subject to the procedures in paragraph 5.
    2. The text of a proposed amendment shall be submitted to 
the Director-General for circulation to all States Parties and 
to the Depositary. The proposed amendment shall be considered 
only by an Amendment Conference. Such an Amendment Conference 
shall be convened if one third or more of the States Parties 
notify the Director-General not later than 30 days after its 
circulation that they support further consideration of the 
proposal. The Amendment Conference shall be held immediately 
following a regular session of the Conference unless the 
requesting States Parties ask for an earlier meeting. In no 
case shall an Amendment Conference be held less than 60 days 
after the circulation of the proposed amendment.
    3. Amendments shall enter into force for all States Parties 
30 days after deposit of the instruments of ratification or 
acceptance by all the States Parties referred to under 
subparagraph (b) below:
          (a) When adopted by the Amendment Conference by a 
        positive vote of a majority of all States Parties with 
        no State Party casting a negative vote; and
          (b) Ratified or accepted by all those States Parties 
        casting a positive vote at the Amendment Conference.
    4. In order to ensure the viability and the effectiveness 
of this Convention, provisions in the Annexes shall be subject 
to changes in accordance with paragraph 5, if proposed changes 
are related only to matters of an administrative or technical 
nature. All changes to the Annex on Chemicals shall be made in 
accordance with paragraph 5. Sections A and C of the 
Confidentiality Annex, Part X of the Verification Annex, and 
those definitions in Part I of the Verification Annex which 
relate exclusively to challenge inspections, shall not be 
subject to changes in accordance with paragraph 5.
    5. Proposed changes referred to in paragraph 4 shall be 
made in accordance with the following procedures:
          (a) The text of the proposed changes shall be 
        transmitted together with the necessary information to 
        the Director-General. Additional information for the 
        evaluation of the proposal may be provided by any State 
        Party and the Director-General. The Director-General 
        shall promptly communicate any such proposals and 
        information to all States Parties, the Executive 
        Council and the Depositary;
          (b) Not later than 60 days after its receipt, the 
        Director-General shall evaluate the proposal to 
        determine all its possible consequences for the 
        provisions of this Convention and its implementation 
        and shall communicate any such information to all 
        States Parties and the Executive Council;
          (c) The Executive Council shall examine the proposal 
        in the light of all information available to it, 
        including whether the proposal fulfills the 
        requirements of paragraph 4. Not later than 90 days 
        after its receipt, the Executive Council shall notify 
        its recommendation, with appropriate explanations, to 
        all States Parties for consideration. States Parties 
        shall acknowledge receipt within 10 days;
          (d) If the Executive Council recommends to all States 
        Parties that the proposal be adopted, it shall be 
        considered approved if no State Party objects to it 
        within 90 days after receipt of the recommendation. If 
        the Executive Council recommends that the proposal be 
        rejected, it shall be considered rejected if no State 
        Party objects to the rejection within 90 days after 
        receipt of the recommendation;
          (e) If a recommendation of the Executive Council does 
        not meet with the acceptance required under 
        subparagraph (d), a decision on the proposal, including 
        whether it fulfills the requirements of paragraph 4, 
        shall be taken as a matter of substance by the 
        Conference at its next session;
          (f) The Director-General shall notify all States 
        Parties and the Depositary of any decision under this 
        paragraph;
          (g) Changes approved under this procedure shall enter 
        into force for all States Parties 180 days after the 
        date of notification by the Director-General of their 
        approval unless another time period is recommended by 
        the Executive Council or decided by the Conference.

                              ARTICLE XVI

                        DURATION AND WITHDRAWAL

    1. This Convention shall be of unlimited duration.
    2. Each State Party shall, in exercising its national 
sovereignty, have the right to withdraw from this Convention if 
it decides that extraordinary events, related to the subject-
matter of this Convention, have jeopardized the supreme 
interests of its country. It shall give notice of such 
withdrawal 90 days in advance to all other States Parties, the 
Executive Council, the Depositary and the United Nations 
Security Council. Such notice shall include a statement of the 
extraordinary events it regards as having jeopardized its 
supreme interests.
    3. The withdrawal of a State Party from this Convention 
shall not in any way affect the duty of States to continue 
fulfilling the obligations assumed under any relevant rules of 
international law, particularly the Geneva Protocol of 1925.

                              ARTICLE XVII

                         STATUS OF THE ANNEXES

    The Annexes form an integral part of this Convention. Any 
reference to this Convention includes the Annexes.

                             ARTICLE XVIII

                               SIGNATURE

    This Convention shall be open for signature for all States 
before its entry into force.

                              ARTICLE XIX

                              RATIFICATION

    This Convention shall be subject to ratification by States 
Signatories according to their respective constitutional 
processes.

                               ARTICLE XX

                               ACCESSION

    Any State which does not sign this Convention before its 
entry into force may accede to it at any time thereafter.

                              ARTICLE XXI

                            ENTRY INTO FORCE

    1. This Convention shall enter into force 180 days after 
the date of the deposit of the 65th instrument of ratification, 
but in no case earlier than two years after its opening for 
signature.
    2. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Convention, it shall enter into force on the 30th day 
following the date of deposit of their instrument of 
ratification or accession.

                              ARTICLE XXII

                              RESERVATIONS

    The Articles of this Convention shall not be subject to 
reservations. The Annexes of this Convention shall not be 
subject to reservations incompatible with its object and 
purpose.

                             ARTICLE XXIII

                               DEPOSITARY

    The Secretary-General of the United Nations is hereby 
designated as the Depositary of this Convention and shall, 
inter alia:
          (a) Promptly inform all signatory and acceding States 
        of the date of each signature, the date of deposit of 
        each instrument of ratification or accession and the 
        date of the entry into force of this Convention, and of 
        the receipt of other notices;
          (b) Transmit duly certified copies of this Convention 
        to the Governments of all signatory and acceding 
        States; and
          (c) Register this Convention pursuant to Article 102 
        of the Charter of the United Nations.

                              ARTICLE XXIV

                            AUTHENTIC TEXTS

    This Convention, of which the Arabic, Chinese, English, 
French, Russian and Spanish texts are equally authentic, shall 
be deposited with the Secretary-General of the United Nations.

    In witness whereof the undersigned, being duly authorized 
to that effect, have signed this Convention.

    Done at Paris on the thirteenth day of January, one 
thousand nine hundred and ninety-three.
       9. Treaty on Conventional Armed Forces in Europe (CFE) \1\

Treaty on Conventional Armed Forces in Europe (CFE), With Protocols on 
  Existing Types (With Annex), Aircraft Reclassification, Reduction, 
    Helicopter Recategorization, Information Exchange (With Annex), 
Inspection, the Joint Consultative Group, and Provisional Application; 
Signed at Paris, November 19, 1990; Ratification advised by the Senate, 
        November 25, 1991; Entered into force, November 9, 1992

    The Kingdom of Belgium, the Republic of Bulgaria, Canada, 
the Czech and Slovak Federal Republic, the Kingdom of Denmark, 
the French Republic, the Federal Republic of Germany, the 
Hellenic Republic, the Republic of Hungary, the Republic of 
Iceland, the Italian Republic, the Grand Duchy of Luxembourg, 
the Kingdom of the Netherlands, the Kingdom of Norway, the 
Republic of Poland, the Portuguese Republic, Romania, the 
Kingdom of Spain, the Republic of Turkey, the Union of Soviet 
Socialist Republics, the United Kingdom of Great Britain and 
Northern Ireland and the United States of America, hereinafter 
referred to as the State Parties,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 102-8. For a list of states that are parties to the 
Treaty, see Department of State publication, Treaties in Force.
    The Treaty also includes protocols and annexes, the complete text 
of which is available at a web site maintained by the Federation of 
American Scientists: http://www.fas.org/nuke/control/cfe/text/
index.html.
    Senate conditions to the ratification of the Convention can be 
found at the same web site: http://www.fas.org/nuke/control/cfe/
congress/22c4.htm#IX.

  Guided by the Mandate for Negotiation on Conventional Armed 
Forces in Europe of January 10, 1989, and having conducted this 
---------------------------------------------------------------------------
negotiation in Vienna beginning on March 9, 1989,

  Guided by the objectives and the purposes of the Conference 
on Security and Cooperation in Europe, within the framework of 
which the negotiation of this Treaty was conducted,

  Recalling their obligation to refrain in their mutual 
relations, as well as in their international relations in 
general, from the threat or use of force against the 
territorial integrity or political independence of any State, 
or in any other manner inconsistent with the purposes and 
principles of the Charter of the United Nations,

  Conscious of the need to prevent any military conflict in 
Europe,

  Conscious of the common responsibility which they all have 
for seeking to achieve greater stability and security in 
Europe,

  Striving to replace military confrontation with a new pattern 
of security relations among all the States Parties based on 
peaceful cooperation and thereby to contribute to overcoming 
the division of Europe,

  Committed to the objectives of establishing a secure and 
stable balance of conventional armed forces in Europe at lower 
levels than heretofore, of eliminating disparities prejudicial 
to stability and security and of eliminating, as a matter of 
high priority, the capability for launching surprise attack and 
for initiating large-scale offensive action in Europe,

  Recalling that they signed or acceded to the Treaty of 
Brussels of 1948, the Treaty of Washington of 1949 or the 
Treaty of Warsaw of 1955 and that they have the right to be or 
not to be a party to treaties of alliance,

  Committed to the objective of ensuring that the numbers of 
conventional armaments and equipment limited by the Treaty 
within the area of application of this Treaty do not exceed 
40,000 battle tanks, 60,000 armoured combat vehicles, 40,000 
pieces of artillery, 13,600 combat aircraft and 4,000 attack 
helicopters,

  Affirming that this Treaty is not intended to affect 
adversely the security interests of any State,

  Affirming their commitment to continue the conventional arms 
control process including negotiations, taking into account 
future requirements for European stability and security in the 
light of political developments in Europe,

  Have agreed as follows:

                               Article I

    1. Each State Party shall carry out the obligations set 
forth in this Treaty in accordance with its provisions, 
including those obligations relating to the following five 
categories of conventional armed forces: battle tanks, armoured 
combat vehicles, artillery, combat aircraft and combat 
helicopters.
    2. Each State Party also shall carry out the other measures 
set forth in this Treaty designed to ensure security and 
stability both during the period of reduction of conventional 
armed forces and after the completion of reductions.
    3. This Treaty incorporates the Protocol on Existing Types 
of Conventional Armaments and Equipment, hereinafter referred 
to as the Protocol on Existing Types, with an Annex thereto, 
the Protocol on Procedures Governing the Reclassification of 
Specific Models or Versions of Combat-Capable Trainer Aircraft 
Into Unarmed Trainer Aircraft, hereinafter referred to as the 
Protocol on Aircraft Reclassification; the Protocol on 
Procedures Governing the Reduction of Conventional Armaments 
and Equipment Limited by the Treaty on Conventional Armed 
Forces in Europe, hereinafter referred to as the Protocol on 
Reduction; the Protocol on Procedures Governing the 
Categorization of Combat Helicopters and the Recategorization 
of Multi-Purpose Attack Helicopter, hereinafter referred to as 
the Protocol on Helicopter Recategorization; the Protocol on 
Notification and Exchange of Information, hereinafter referred 
to as the Protocol on Information Exchange, with an Annex on 
the Format for the Exchange of Information, hereinafter 
referred to as the Annex on Format; the Protocol on Inspection, 
the Protocol on the Joint Consultative Group; and the Protocol 
on the Provisional Application of Certain Provisions of the 
Treaty on Conventional Armed Forces in Europe, hereinafter 
referred to as the Protocol on Provisional Application. Each of 
these documents constitutes an integral part of this treaty.

                               Article II

    1. For the purposes of this Treaty:
          (A) The term ``group of States Parties'' means the 
        group of States Parties that signed the Treaty of 
        Warsaw \2\ of 1955 consisting of the Republic of 
        Bulgaria, the Czech and Slovak Federal Republic, the 
        Republic of Hungary, the Republic of Poland, Romania 
        and the Union of Soviet Socialist Republics, or the 
        group of States Parties that signed or acceded to the 
        Treaty of Brussels \3\ of 1948 or the Treaty of 
        Washington \4\ of 1949 consisting of the Kingdom of 
        Belgium, Canada, the Kingdom of Denmark, the French 
        Republic, the Federal Republic of Germany, the Hellenic 
        Republic, the Republic of Iceland, the Italian 
        Republic, the Grand Duchy of Luxembourg, the Kingdom of 
        the Netherlands, the Kingdom of Norway, the Portuguese 
        Republic, the Kingdom of Spain, the Republic of Turkey, 
        the United Kingdom of Great Britain and Northern 
        Ireland and the United States of America.
---------------------------------------------------------------------------
    \2\ The Treaty of Friendship, Cooperation and Mutual Assistance 
signed in Warsaw, May 14, 1955.
    \3\ The Treaty of Economic, Social and Cultural Collaboration and 
Collective Self-Defence signed in Brussels, March 17, 1948.
    \4\ The North Atlantic treaty signed in Washington, April 4, 1949.
---------------------------------------------------------------------------
          (B) The term ``area of application'' means the entire 
        land territory of the States Parties in Europe from the 
        Atlantic Ocean to the Ural Mountains, which includes 
        all the European island territories of the States 
        Parties, including the Faroe Islands of the Kingdom of 
        Denmark, Svalbard including BearIsland of the Kingdom 
        of Norway, the islands of Azores and Madeira of the 
        Portuguese Republic, the Canary Islands of the Kingdom 
        of Spain and Franz Josef Land and Novaya Zemlya of the 
        Union of Soviet Socialist Republics. In the case of the 
        Union of Soviet Socialist Republics, the area of 
        application includes all territory lying west of the 
        Ural River and the Caspian Sea. In the case of the 
        Republic of Turkey north and west of a line extending 
        from the point of intersection of the Turkish border 
        with the 39th parallel to Muradiye, Patnos, Karayazi, 
        Tekman, Kemaliye, Feke, Ceyhan, Dogankent, Gozne and 
        thence to the sea.
          (C) The term ``battle tank'' means a self-propelled 
        armoured fighting vehicle, capable of heavy firepower, 
        primarily of a high muzzle velocity direct fire main 
        gun necessary to engage armoured and other targets, 
        with high cross-country mobility, with a high level of 
        self-protection, and which is not designed and equipped 
        primarily to transport combat troops. Such armoured 
        vehicles serve as the principal weapon system of 
        ground-force tank and other armoured formations.
                  Battle tanks are tracked armoured fighting 
                vehicles which weigh at least 16.5 metric 
                tonnes unladen weight and which are armed with 
                a 360-degree traverse gun of at least 75 
                millimetres calibre. In addition, any wheeled 
                armoured fighting vehicles entering into 
                service which meet all the other criteria 
                stated above shall also be deemed battle tanks.
          (D) The term ``armoured combat vehicle'' means a 
        self-propelled vehicle with armoured protection and 
        cross-country capability. Armoured combat vehicles 
        include armoured personnel carriers, armoured infantry 
        fighting vehicles and heavy armament combat vehicles.
                  The term ``armoured personnel carrier'' means 
                an armoured combat vehicle which is designed 
                and equipped to transport a combat infantry 
                squad and which, as a rule, is armed with an 
                integral or organic weapon of less than 20 
                millimetres calibre.
                  The term ``armoured infantry fighting 
                vehicle'' means an armoured combat vehicle 
                which is designed and equipped primarily to 
                transport a combat infantry squad, which 
                normally provides the capability for the troops 
                to deliver fire from inside the vehicle under 
                armoured protection, and which is armed with an 
                integral or organic cannon of at least 20 
                millimetres calibre and sometimes an antitank 
                missile launcher. Armoured infantry fighting 
                vehicles serve as the principal weapon system 
                of armoured infantry or mechanised infantry or 
                motorised infantry formations and units of 
                ground forces.
                  The term ``heavy armament combat vehicle'' 
                means an armoured combat vehicle with an 
                integral or organic direct fire gun of at least 
                75 millimetres calibre, weighing at least 6.0 
                metric tonnes unladen weight, which does not 
                fall within the definitions of an armoured 
                personnel carrier, or an armoured infantry 
                fighting vehicle or a battle tank.
          (E) The term ``unladen weight'' means the weight of a 
        vehicle excluding the weight of ammunition; fuel, oil 
        and lubricants; removable reactive armour; spare parts, 
        tools, accessories; removable snorkeling equipment; and 
        crew and their personal kit.
          (F) The term ``artillery'' means large calibre 
        systems capable of engaging ground targets by 
        delivering primarily indirect fire. Such artillery 
        systems provide the essential indirect fire support to 
        combined arms formations.
                  Large calibre artillery systems are guns, 
                howitzers, artillery pieces combining the 
                characteristics of guns and howitzers, mortars 
                and multiple launch rocket systems with a 
                calibre of 100 millimetres and above. In 
                addition, any future large calibre direct fire 
                system which has a secondary effective indirect 
                fire capability shall be counted against the 
                artillery ceilings.
          (G) The term ``stationed conventional armed forces'' 
        means conventional armed forces of a State Party that 
        are stationed within the area of application on the 
        territory of another State Party.
          (H) The term ``designated permanent storage site'' 
        means a place with a clearly defined physical boundary 
        containing conventional armaments and equipment limited 
        by the Treaty, which are counted within overall 
        ceilings but which are not subject to limitations on 
        conventional armaments and equipment limited by the 
        Treaty in active units.
          (I) The term ``armoured launched bridge'' means a 
        self-propelled armoured transporter-launcher vehicle 
        capable of carrying and, through built-in mechanisms, 
        of emplacing and retrieving a bridge structure. Such a 
        vehicle with a bridge structure operates as an 
        integrated system.
          (J) The term ``conventional armaments and equipment 
        limited by the Treaty'' means battle tanks, armoured 
        combat vehicles, artillery, combat aircraft and attack 
        helicopters subject to the numerical limitations set 
        forth in Articles IV, V and VI.
          (K) The term ``combat aircraft'' means a fixed-wing 
        or variable-geometry wing aircraft armed and equipped 
        to engage targets by employing guided missiles, 
        unguided rockets, bombs, guns, cannons, or other 
        weapons of destruction, as well as any model or version 
        of such an aircraft which performs other military 
        functions such as reconnaissance or electronic warfare. 
        The term ``combat aircraft'' does not include primary 
        trainer aircraft.
          (L) The term ``combat helicopter'' means a rotary 
        wing aircraft armed and equipped to engage targets or 
        equipped to perform other military functions. The term 
        ``combat helicopter'' comprises attack helicopters and 
        combat support helicopters. The term ``combat 
        helicopter'' does not include unarmed transport 
        helicopters.
          (M) The term ``attack helicopter'' means a combat 
        helicopter equipped to employ anti-armour, air-to-
        ground, or air-to-air guided weapons and equipped with 
        an integrated fire control and aiming system for these 
        weapons. The term ``attack helicopter'' comprises 
        specialised attack helicopters and multi-purpose attack 
        helicopters.
          (N) The term ``specialised attack helicopter'' means 
        an attack helicopter that is designed primarily to 
        employ guided weapons.
          (O) The term ``multi-purpose attack helicopter'' 
        means an attack helicopter designed to perform multiple 
        military functions and equipped to employ guided 
        weapons.
          (P) The term ``combat support helicopter'' means a 
        combat helicopter which does not fulfill the 
        requirements to qualify as an attack helicopter and 
        which may be equipped with a variety of self-defence 
        and area suppression weapons, such as guns, cannons and 
        unguided rockets, bombs or cluster bombs, or which may 
        be equipped to perform other military functions.
          (Q) The term ``conventional armaments and equipment 
        subject to the Treaty'' means battle tanks, armoured 
        combat vehicles, artillery, combat aircraft, primary 
        trainer aircraft, unarmed trainer aircraft, combat 
        helicopters, unarmed transport helicopters, armoured 
        vehicle launched bridges, armoured personnel carrier 
        look-alikes and armoured infantry fighting vehicle 
        look-alikes subject to information exchange in 
        accordance with the Protocol on Information Exchange.
          (R) The term ``in service'' as it applies to 
        conventional armed forces and conventional armaments 
        and equipment, means battle tanks, armoured combat 
        vehicles, artillery, combat aircraft, primary trainer 
        aircraft, unarmed trainer aircraft, combat helicopters, 
        unarmed transport helicopters, armoured vehicle 
        launched bridges, armoured personnel carrier look-
        alikes and armoured infantry fighting vehicle look-
        alikes that are within the area of application, except 
        for those that are held by organisations designed and 
        structured to perform in peacetime internal security 
        functions or that meet any of the exceptions set forth 
        in Article III.
          (S) The terms ``armoured personnel carrier look-
        alike'' and ``armoured infantry fighting vehicle look-
        alike'' mean an armoured vehicle based on the same 
        chassis as, and externally similar to, an armoured 
        personnel carrier or armoured infantry fighting 
        vehicle, respectively, which does not have a cannon or 
        gun of 20 millimetres calibre or greater and which has 
        been constructed or modified in such a way as not to 
        permit the transportation of a combat infantry squad. 
        Taking into account the provisions of the Geneva 
        Convention ``For the Amelioration of the Conditions of 
        the Wounded and Sick in Armed Forces in the Field'' of 
        12 August 1949 that confer a special status on 
        ambulances, armoured personnel carrier ambulances shall 
        not be deemed armoured combat vehicles or armoured 
        personnel carrier look-alikes.
          (T) The term ``reduction site'' means a clearly 
        designated location where the reduction of conventional 
        armaments and equipment limited by the Treaty in 
        accordance with Article VIII takes place.
          (U) The term ``reduction liability'' means the number 
        in each category of conventional armaments and 
        equipment limited by the Treaty that a State Party 
        commits itself to reduce during the period of 40 months 
        following the entry into force of this Treaty in order 
        to ensure compliance with Article VII.
    2. Existing types of conventional armaments and equipment 
subject to the Treaty are listed in the Protocol on Existing 
Types. The lists of existing types shall be periodically 
updated in accordance with Article XVI, paragraph 2, 
subparagraph (D) and Section IV of the Protocol on Existing 
Types. Such updates to the existing types lists shall not be 
deemed amendments to this Treaty.
    3. The existing types of combat helicopters listed in the 
Protocol on Existing Types shall be categorised in accordance 
with Section I of the Protocol on Helicopter Recategorisation.

                              Article III

    1. For the purposes of this Treaty, the States Parties 
shall apply the following counting rules:
          All battle tanks, armoured combat vehicles, 
        artillery, combat aircraft and attack helicopters, as 
        defined in Article II, within the area of application 
        shall be subject to the numerical limitations and other 
        provisions set forth in Articles IV, V and VI, with the 
        exception of those which in a manner consistent with a 
        State Party's normal practices:
                  (A) are in the process of manufacture, 
                including manufacturing-related testing;
                  (B) are used exclusively for the purposes of 
                research and development;
                  (C) belong to historical collections;
                  (D) are awaiting disposal, having been 
                decommissioned from service in accordance with 
                the provisions of Article IX;
                  (E) are awaiting, or are being refurbished 
                for, export or re-export and are temporarily 
                retained within the area of application. Such 
                battle tanks, armoured combat vehicles, 
                artillery, combat aircraft and attack 
                helicopters shall be located elsewhere than at 
                sites declared under the terms of Section V of 
                the Protocol on Information Exchange or at no 
                than 10 such declared sites which shall have 
                been notified in the previous year's annual 
                information exchange. In the latter case, they 
                shall be separately distinguishable from 
                conventional armaments and equipment limited by 
                the Treaty;
                  (F) are, in the case of armoured personnel 
                carriers, armoured infantry fighting vehicles, 
                heavy armament combat vehicles or multi-purpose 
                attack helicopters, held by organisations 
                designed and structured to perform in peacetime 
                internal security functions; or
                  (G) are in transit through the area of 
                application from a location outside the area of 
                application to a final destination outside the 
                area of application, and are in the area of 
                application for no longer than a total of seven 
                days.
    2. If, in respect of any such battle tanks, armoured combat 
vehicles, artillery, combat aircraft or attack helicopters, the 
notification of which is required under Section IV of the 
Protocol on Information Exchange, a State Party notifies an 
unusually high number in more than two successive annual 
information exchanges, it shall explain the reasons in the 
Joint Consultative Group, if so requested.

                               Article IV

    1. Within the area of application, as defined in Article 
II, each State Party shall limit and, as necessary, reduce its 
battle tanks, armoured combat vehicles, artillery, combat 
aircraft and attack helicopters so that, 40 months after entry 
into force of this Treaty and thereafter, for the group of 
States Parties to which it belongs, as defined in Article II, 
the aggregate numbers do not exceed:
          (A) 20,000 battle tanks, of which no more than 16.500 
        shall be in active units;
          (B) 30,000 armoured combat vehicles, of which no more 
        than 27,300 shall be in active units. Of the 30,000 
        armoured combat vehicles, no more than 18,000 shall be 
        armoured infantry fighting vehicles and heavy armament 
        combat vehicles; of armoured infantry fighting vehicles 
        and heavy armament combat vehicles, no more than 1,500 
        shall be heavy armament combat vehicles;
          (C) 20,000 pieces of artillery, of which no more 
        17,000 shall be in active units;
          (D) 6,800 combat aircraft; and
          (E) 2,000 attack helicopters.
Battle tanks, armoured combat vehicles and artillery not in 
active units shall be placed in designated permanent storage 
sites, as defined in Article II, and shall be located only in 
the area described in paragraph 2 of this Article. Such 
designated permanent storage sites may also be located in that 
part of the territory of the Union of Soviet Socialist 
Republics comprising the Odessa Military District and the 
southern part of the Leningrad Military District. In the Odessa 
Military District, no more than 400 battle tanks and no more 
than 500 pieces of artillery may be thus stored. In the 
southern part of the Leningrad Military District, no more than 
600 battle tanks, no more than 800 armoured combat vehicles, 
including no more than 300 armoured combat vehicles of any type 
with the remaining number consisting of armoured personnel 
carriers, and no more than 400 pieces of artillery may be thus 
stored. The southern part of the Leningrad Military District is 
understood to mean the territory within that military district 
south of the line East-West 60 degrees 15 minutes northern 
latitude.
    2. Within the area consisting of the entire land territory 
in Europe, which includes all the European island territories, 
of the Kingdom of Belgium, the Czech and Slovak Federal 
Republic, the Kingdom of Denmark including the Faroe Islands, 
the French Republic, the Federal Republic of Germany, the 
Republic of Hungary, the Italian Republic, the Grand Duchy of 
Luxembourg, the Kingdom of the Netherlands, the Republic of 
Poland, the Portuguese Republic including the islands of Azores 
and Madeira, the Kingdom of Spain including the Canary Islands, 
the United Kingdom of Great Britain and Northern Ireland and 
that part of the territory of the Union of Soviet Socialist 
Republics west of the Ural Mountains comprising the Baltic, 
Byelorussian, Carpathian, Kiev, Moscow and Volga-Ural Military 
Districts, each State Party shall limit and, as necessary, 
reduce its battle tanks, armoured combat vehicles and artillery 
so that, 40 months after entry into force of this Treaty and 
thereafter, for the group of States Parties to which it belongs 
the aggregate numbers do not exceed:
          (A) 15,300 battle tanks, of which no more than 11,800 
        shall be in active units;
          (B) 24,100 armoured combat vehicles, of which no more 
        than 21,400 shall be in active units; and
          (C) 14,000 pieces of artillery, of which no more than 
        11,000 shall be in active units.
    3. Within the area consisting of the entire land territory 
in Europe, which includes all the European island territories, 
of the Kingdom of Belgium, the Czech and Slovak Federal 
Republic, the Kingdom of Denmark including the Faroe Islands, 
the French Republic, the Federal Republic of Germany, the 
Republic of Hungary, the Italian Republic, the Grand Duchy of 
Luxembourg, the Kingdom of the Netherlands, the Republic of 
Poland, the United Kingdom of Great Britain and Northern 
Ireland and that part of the territory of the Union of Soviet 
Socialist Republics comprising the Baltic, Byelorussian, 
Carpathian and Kiev Military Districts, each State Party shall 
limit and, as necessary, reduce its battle tanks, armoured 
combat vehicles and artillery so that, 40 months after entry 
into force of this Treaty and thereafter, for the group of 
States Parties to which it belongs the aggregate numbers do not 
exceed:
          (A) 10,300 battle tanks;
          (B) 19,260 armoured combat vehicles; and
          (C) 9,100 pieces of artillery; and
          (D) in the Kiev Military District, the aggregate 
        numbers in active units and designated permanent 
        storage sties together shall not exceed:
                  (1) 2,250 battle tanks;
                  (2) 2,500 armoured combat vehicles; and
                  (3) 1,500 pieces of artillery.
    4. Within the area consisting of the entire land territory 
of Europe, which includes all the European island territories 
of the Kingdom of Belgium, the Czech and Slovak Federal 
Republic, the Federal Republic of Germany, the Republic of 
Hungary, the Grand Duchy of Luxembourg, the Kingdom of the 
Netherlands and the republic of Poland, each State Party shall 
limit and, as necessary, reduce its battle tanks, armoured 
combat vehicles and artillery so that, 40 months after entry 
into force of this Treaty and thereafter, for the group of 
States Parties to which it belongs the aggregate numbers in 
active units do not exceed:
          (A) 7,500 battle tanks;
          (B) 11,250 armoured combat vehicles; and
          (C) 5,000 pieces of artillery.
    5. States Parties belonging to the same group of States 
Parties may locate battle tanks, armoured combat vehicles and 
artillery in active units in each of the areas described in 
this Article and Article V, paragraph 1, subparagraph (A) up to 
the numerical limitations applying in that area, consistent 
with the maximum levels for holdings notified pursuant to 
Article VII and provided that no State Party stations 
conventional armed forces on the territory of another State 
Party without the agreement of that State Party.
    6. If a group of States Parties' aggregate number of battle 
tanks, armoured combat vehicles and artillery in active units 
within the area described in paragraph 4 of this Article are 
less than the numerical limitations set forth in paragraph 4 of 
this Article, and provided that no State Party is thereby 
prevented from reaching its maximum levels for holdings 
notified in accordance with Article VII, paragraphs 2, 3 and 5, 
then amounts equal to the difference between the aggregate 
numbers in each of the categories of battle tanks, armoured 
combat vehicles and artillery and the specified numerical 
limitations for that area may be located by States Parties 
belonging to that group of States Parties in the area described 
in paragraph 3 of this Article, consistent with the numerical 
limitations specified in paragraph 3 of this Article.

                               Article V

    1. To ensure that the security of each State Party is not 
affected adversely at any stage:
          (A) within the area consisting of the entire land 
        territory in Europe, which includes all the European 
        island territories, of the Republic of Bulgaria, the 
        Hellenic Republic, the Republic of Iceland, the Kingdom 
        of Norway, Romania, the part of the Republic of Turkey 
        within the area of application and that part of the 
        Union of Soviet Socialist Republics, comprising the 
        Leningrad, Odessa, Transcaucasus and North Caucasus 
        Military Districts, each State Party shall limit and, 
        as necessary, reduce its battle tanks, armoured combat 
        vehicles and artillery so that, 40 months after entry 
        into force of this Treaty and thereafter, for the group 
        of States Parties to which it belongs the aggregate 
        numbers in active units do not exceed the difference 
        between the overall numerical limitations set forth in 
        Article IV, paragraph 1, and those in Article IV, 
        paragraph 2, that is:
                  (1) 4,700 battle tanks;
                  (2) 5,900 combat vehicles; and
                  (3) 6,000 pieces of artillery;
          (B) notwithstanding the numerical limitations set 
        forth in subparagraph (A) of this paragraph, a State 
        Party or States Parties may on a temporary basis deploy 
        into the territory belonging to the members of the same 
        group of States Parties within the area described in 
        subparagraph (A) of this paragraph additional aggregate 
        numbers in active units for each group of States 
        Parties not to exceed:
                  (1) 459 battle tanks;
                  (2) 723 armoured combat vehicles; and
                  (3) 420 pieces of artillery; and
          (C) provided that for each group of States Parties no 
        more than one-third of each of these additional 
        aggregate numbers shall be deployed to any State Party 
        with territory within the area described in 
        subparagraph (A) of this paragraph, that is:
                  (1) 153 battle tanks;
                  (2) 241 armoured combat vehicles; and
                  (3) 140 pieces of artillery.
    2. Notification shall be provided to all other States 
Parties no later than at the start of the deployment by the 
State Party or States Parties conducting the deployment and by 
the recipient State Party or States Parties, specifying the 
total number in each category of battle tanks, armoured combat 
vehicles and artillery deployed. Notification also shall be 
provided to all other States Parties by the State Party or 
States Parties conducting the deployment and by the recipient 
State Party or States Parties within 30 days of the withdrawal 
of those battle tanks, armoured combat vehicles and artillery 
that were temporarily deployed.

                               Article VI

    With the objective of ensuring that no single State Party 
possesses more than approximately one-third of the conventional 
armaments and equipment limited by the Treaty within the area 
of application, each State Party shall limit and, as necessary, 
reduce its battle tanks, armoured combat vehicles, artillery, 
combat aircraft and attack helicopters so that, 40 months after 
entry into force of this Treaty and thereafter, the numbers 
within the area of application for that State Party do not 
exceed:
          (A) 13,300 battle tanks;
          (B) 20,000 armoured combat vehicles;
          (C) 13,700 pieces of artillery;
          (D) 5,150 combat aircraft; and
          (E) 1,500 attack helicopters.

                              Article VII

    1. In order that the limitations set forth in Articles IV, 
V and VI are not exceeded, no State Party shall exceed, from 40 
months after entry into force of this Treaty, the maximum 
levels which it has previously agreed upon within its group of 
States Parties, in accordance with paragraph 7 of this Article, 
for its holdings of conventional armaments and equipment 
limited by the Treaty and of which it has provided notification 
pursuant to the provisions of this Article.
    2. Each State Party shall provide at the signature of this 
Treaty notification to all other States Parties of the maximum 
levels for its holdings of conventional armaments and equipment 
limited by the Treaty. The notification of the maximum levels 
for holdings of conventional armaments and equipment limited by 
the Treaty provided by each State Party at the signature of 
this Treaty shall remain valid until the date specified in a 
subsequent notification pursuant to paragraph 3 of this 
Article.
    3. In accordance with the limitations set forth in Articles 
IV, V and VI, each State Party shall have the right to change 
the maximum levels for its holdings of conventional armaments 
and equipment limited by the Treaty. Any change in the maximum 
levels for holdings of a State Party shall be notified by that 
State Party to all other States Parties at least 90 days in 
advance of the date, specified in the notification, on which 
such a change takes effect. In order not to exceed any of the 
limitations set forth in Articles IV and V, any increase in the 
maximum levels for holdings of a State Party that would 
otherwise cause those limitations to be exceeded shall be 
preceded or accompanied by a corresponding reduction in the 
previously notified maximum levels for holdings of conventional 
armaments and equipment limited by the Treaty of one or more 
States Parties belonging to the same group of States Parties. 
The notification of a change in the maximum levels for holdings 
shall remain valid from the date specified in the notification 
until the date specified in a subsequent notification of change 
pursuant to this paragraph.
    4. Each notification required pursuant to paragraph 2 or 3 
of this Article for armoured combat vehicles shall also include 
maximum levels for the holdings of armoured infantry fighting 
vehicles and heavy armament combat vehicles of the State Party 
providing the notification.
    5. Ninety days before expiration of the 40-month period of 
reductions set forth in Article VIII and subsequently at the 
time of any notification of a change pursuant to paragraph 3 of 
this Article, each State Party shall provide notification of 
the maximum levels for its holdings of battle tanks, armoured 
combat vehicles and artillery with respect to each of the areas 
described in Article IV, paragraphs 2 to 4, and Article V, 
paragraph 1, subparagraph (A).
    6. A decrease in the number of conventional armaments and 
equipment limited by the treaty held by a State Party and 
subject to notification pursuant to the Protocol on Information 
Exchange shall by itself confer no right on any other State 
Party to increase the maximum levels for its holdings subject 
to notification pursuant to this Article.
    7. It shall be the responsibility solely of each individual 
State Party to ensure that the maximum levels for its holdings 
notified pursuant to the provisions of this Article are not 
exceeded. States Parties belonging to the same group of States 
Parties shall consult in order to ensure that the maximum 
levels for holdings notified pursuant to the provisions of this 
Article, taken together as appropriate, do not exceed the 
limitations set forth in Articles IV, V and VI.

                              Article VIII

    1. The numerical limitations set forth in Articles IV, V 
and VI shall be achieved only by means of reduction in 
accordance with the Protocol on Reduction, the Protocol on 
Helicopter Recategorisation, the Protocol on Aircraft 
Reclassification, the Footnote to Section I, paragraph 2, 
subparagraph (A) of the Protocol on Existing Types and the 
Protocol on Inspection.
    2. The categories of conventional armaments and equipment 
subject to reductions are battle tanks, armoured combat 
vehicles, artillery, combat aircraft and attack helicopters. 
The specific types are listed in the Protocol on Existing 
Types.
          (A) Battle tanks and armoured combat vehicles shall 
        be reduced by destruction, conversion for non-military 
        purposes, placement on static display, use as ground 
        targets, or, in the case of armoured personnel 
        carriers, modification in accordance with the Footnote 
        to Section I, paragraph 2, subparagraph (A) of the 
        Protocol of Existing Types.
          (B) Artillery shall be reduced by destruction or 
        placement on static display, or, in the case of self-
        propelled artillery, by use as ground targets.
          (C) Combat aircraft shall be reduced by destruction, 
        placement on static display, use for ground 
        instructional purposes, or, in the case of specific 
        models or versions of combat-capable trainer aircraft, 
        reclassification into unarmed trainer aircraft.
          (D) Specialised attack helicopters shall be reduced 
        by destruction, placement on static display, or use for 
        ground instructional purposes.
          (E) Multi-purpose attack helicopters shall be reduced 
        by destruction, placement on static display, use for 
        ground instructional purposes, or recategorisation.
    3. Conventional armaments and equipment limited by the 
Treaty shall be deemed to be reduced upon execution of the 
procedures set forth in the Protocols listed in paragraph 1 of 
this Article and upon notification as required by these 
Protocols. Armaments and equipment reduced shall no longer be 
counted against the numerical limitations set forth in Articles 
IV, V and VI.
    4. Reductions shall be effected in three phases and 
completed no later than 40 months after entry into force of 
this Treaty, so that:
          (A) by the end of the first reduction phase, that is, 
        no later than 16 months after entry into force of this 
        Treaty, each State Party shall have ensured that at 
        least 25 percent of its total reduction liability in 
        each of the categories of conventional armaments and 
        equipment limited by the Treaty has been reduced;
          (B) by the end of the second reduction phase, that 
        is, no later than 28 months after entry into force of 
        this Treaty, each State Party shall have ensured that 
        at least 60 percent of its total reduction liability in 
        each of the categories of conventional armaments and 
        equipment limited by the Treaty has been reduced;
          (C) by the end of the third reduction phase, that is, 
        no later than 40 months after entry into force of this 
        Treaty, each State Party shall have reduced its total 
        reduction liability in each of the categories of 
        conventional armaments and equipment limited by the 
        Treaty. States Parties carrying out conversion for non-
        military purposes shall have ensured that the 
        conversion of all battle tanks in accordance with 
        Section VIII of the Protocol on Reduction shall have 
        been completed by the end of the third reduction phase; 
        and
          (D) armoured combat vehicles deemed reduced by reason 
        of having been partially destroyed in accordance with 
        Section VIII, paragraph 6 of the Protocol on Reduction 
        shall have been fully converted for non-military 
        purposes, or destroyed in accordance with Section IV of 
        the Protocol on Reduction, no later than 64 months 
        after entry into force of this Treaty.
    5. Conventional armaments and equipment limited by the 
Treaty to be reduced shall have been declared present within 
the area of application in the exchange of information at 
signature of this Treaty.
    6. No later than 30 days after entry into force of this 
Treaty, each State Party shall provide notification to all 
other States Parties of its reduction liability.
    7. Except as provided for in paragraph 8 of this Article, a 
State Party's reduction liability in each category shall be no 
less than the difference between its holdings notified, in 
accordance with the Protocol on Information Exchange, at 
signature or effective upon entry into force of this Treaty, 
whichever is the greater, and the maximum levels for holdings 
it notified pursuant to Article VII.
    8. Any subsequent revision of a State Party's holdings 
notified pursuant to the Protocol on Information Exchange or of 
its maximum levels for holdings notified pursuant to Article 
VII shall be reflected by a notified adjustment to its 
reduction liability. Any notification of a decrease in a State 
Party's reduction liability shall be preceded or accompanied by 
either a notification of a corresponding increase in holdings 
not exceeding the maximum levels for holdings notified pursuant 
to Article VII by one or more States Parties belonging to the 
same group of States Parties, or a notification of a 
corresponding increase in the reduction liability of one or 
more such States Parties.
    9. Upon entry into force of this Treaty, each State Party 
shall notify all other States Parties, in accordance with the 
Protocol on Information Exchange, of the locations of its 
reduction sites, including those where the final conversion of 
battle tanks and armoured combat vehicles for non-military 
purposes will be carried out.
    10. Each State Party shall have the right to designate as 
many reduction sites as it wishes, to revise without 
restriction its designation of such sites and to carry out 
reduction and final conversion simultaneously at a maximum of 
20 sites. States Parties shall have the right to share or co-
locate reduction sites by mutual agreement.
    11. Notwithstanding paragraph 10 of this Article, during 
the baseline validation period, that is, the interval between 
entry into force of this Treaty and 120 days after entry into 
force of this Treaty, reduction shall be carried out 
simultaneously at no more than two reduction sites for each 
State Party.
    12. Reduction of conventional armaments and equipment 
limited by the Treaty shall be carried out at reduction sites, 
unless otherwise specified in the Protocols listed in paragraph 
I of this Article, within the area of application.
    13. The reduction process, including the results of the 
conversion of conventional armaments and equipment limited by 
the Treaty for non-military purposes both during the reduction 
period and in the 24 months following the reduction period, 
shall be subject to inspection, without right of refusal, in 
accordance with the Protocol on Inspection.

                               Article IX

    1. Other than removal from service in accordance with the 
provisions of Article VIII, battle tanks, armoured combat 
vehicles, artillery, combat aircraft and attack helicopters 
within the area of application shall be removed from service 
only by decommissioning, provided that:
          (A) such conventional armaments and equipment limited 
        by the Treaty are decommissioned and awaiting disposal 
        at no more than eight sites which shall notified as 
        declared sites in accordance with the Protocol on 
        Information Exchange and shall be identified in such 
        notifications as holding areas for decommissioned 
        conventional armaments and equipment limited by the 
        Treaty. If sites containing conventional armaments and 
        equipment limited by the Treaty decommissioned from 
        service also contain any other conventional armaments 
        and equipment subject to the Treaty, the decommissioned 
        conventional armaments and equipment limited by the 
        Treaty shall be separately distinguishable; and
          (B) the number of such decommissioned conventional 
        armaments and equipment limited by the Treaty do not 
        exceed, in the case of any individual State Party, one 
        percent of its notified holdings of conventional 
        armaments and equipment limited by the Treaty, or a 
        total of 250, whichever is greater, of which no more 
        than 200 shall be battle tanks, armoured combat 
        vehicles and pieces of artillery, and no more than 50 
        shall be attack helicopters and combat aircraft.
    2. Notification of decommissioning shall include the number 
and type of conventional armaments and equipment limited by the 
Treaty decommissioned and the location of decommissioning and 
shall be provided to all other States Parties in accordance 
with Section IX, paragraph 1, subparagraph (B) of the Protocol 
on Information Exchange.

                               Article X

    1. Designated permanent storage sites shall be notified in 
accordance with the Protocol on Information Exchange to all 
other States Parties by the State Party to which the 
conventional armaments and equipment limited by the Treaty 
contained at designated permanent storage sites belong. The 
notification shall include the designation and location, 
including geographic coordinates of designated permanent 
storage sites and the numbers by type of each category of its 
conventional armaments and equipment limited by the Treaty at 
each such storage site.
    2. Designated permanent storage sites shall contain only 
facilities appropriate for the storage and maintenance of 
armaments and equipment (e.g., warehouses, garages, workshops 
and associated stores as well as other support accommodation). 
Designated permanent storage sites shall not contain firing 
ranges or training areas associated with conventional armaments 
and equipment limited by the Treaty. Designated permanent 
storage sites shall contain only armaments and equipment 
belonging to the conventional armed forces of a State Party.
    3. Each designated permanent storage site shall have a 
clearly defined physical boundary that shall consist of a 
continuous perimeter fence at least 1.5 metres in height. The 
perimeter fence shall have no more than three gates providing 
the sole means of entrance and exit for armaments and 
equipment.
    4. Conventional armaments and equipment limited by the 
Treaty located within designated permanent storage sites shall 
be counted as conventional armaments and equipment limited by 
the Treaty not in active units, including when they are 
temporarily removed in accordance with paragraphs 7, 8, 9 and 
10 of this Article. Conventional armaments and equipment 
limited by the treaty in storage other than in designated 
permanent storage sites shall be counted as conventional 
armaments and equipment limited by the Treaty in active units.
    5. Active units or formations shall not be located within 
designated permanent storage sites, except as provided for in 
paragraph 6 of this Article.
    6. Only personnel associated with the security or operation 
of designated storage sites, or the maintenance of the 
armaments and equipment stored therein, shall be located within 
the designated permanent storage sites.
    7. For the purpose of maintenance, repair or modification 
of conventional armaments and equipment limited by the Treaty 
located within designated permanent storage sites, each State 
Party shall have the right, without prior notification, to 
remove from and retain outside designated permanent storage 
sites simultaneously up to 10 percent, rounded up to the 
nearest even whole number, of the notified holdings of each 
category of conventional armaments and equipment limited by the 
Treaty in each designated permanent storage site, or 10 items 
of the conventional armaments and equipment limited by the 
Treaty in each category in each designated permanent storage 
site, whichever is less.
    8. Except as provided for in paragraph 7 of this Article, 
no State Party shall remove conventional armaments and 
equipment limited by the Treaty from designated permanent 
storage sites unless notification has been provided to all 
other States Parties at least 42 days in advance of such 
removal. Notification shall be given by the State Party to 
which the conventional armaments and equipment limited by the 
Treaty belong. Such notification shall specify:
          (A) the location of the designated permanent storage 
        site from which conventional armaments and equipment 
        limited by the Treaty are to be removed and the numbers 
        by type of conventional armaments and equipment limited 
        by the Treaty of each category to be removed;
          (B) the dates of removal and return of conventional 
        armaments and equipment limited by the Treaty; and
          (C) the intended location and use of conventional 
        armaments and equipment limited by the Treaty while 
        outside the designated permanent storage site.
    9. Except as provided for in paragraph 7 of this Article, 
the aggregate numbers of conventional armaments and equipment 
limited by the Treaty removed from and retained outside 
designated permanent storage sites by States Parties belonging 
to the same group of States Parties shall at no time exceed the 
following levels:
          (A) 550 battle tanks;
          (B) 1,000 armoured combat vehicles; and
          (C) 300 pieces of artillery.
    10. Conventional armaments and equipment limited by the 
Treaty removed from designated permanent storage sites pursuant 
to paragraphs 8 and 9 of this Article shall be returned to 
designated permanent storage sites no later than 42 days after 
their removal, except for those items of conventional armaments 
and equipment limited by the Treaty removed for industrial 
rebuild. Such items shall be returned to designated permanent 
storage sites immediately on completion of the rebuild.
    11. Each State Party shall have the right to replace 
conventional armaments and equipment limited by the Treaty 
located in designated permanent storage sites. Each State Party 
shall notify all other States Parties, at the beginning of 
replacement, of the number, location, type and disposition of 
conventional armaments and equipment limited by the Treaty 
being replaced.

                               Article XI

    1. Each State Party shall limit its armoured vehicle 
launched bridges so that, 40 months after entry into force of 
this Treaty and thereafter, for the group of States Parties to 
which it belongs the aggregate number of armoured vehicle 
launched bridges in active units within the area of application 
does not exceed 740.
    2. All armoured vehicle launched bridges within the area of 
application in excess of the aggregate number specified in 
paragraph 1 of this Article for each group of States Parties 
shall be placed in designated permanent storage sites, as 
defined in Article II. When armoured vehicle launched bridges 
are placed in a designated permanent storage site, either on 
their on or together with conventional armaments and equipment 
limited by the Treaty, Article X, paragraphs 1 to 6 shall apply 
to armoured vehicle launched bridges as well as to conventional 
armaments and equipment limited by the Treaty. Armoured vehicle 
launched bridges placed in designated permanent storage sites 
shall not be considered as being in active units.
    3. Except as provide for in paragraph 6 of this Article, 
armoured vehicle launched bridges may be removed, subject to 
the provisions of paragraphs 4 and 5 of this Article, from 
designated permanent storage sites only after notification has 
been provided to all other States Parties at least 42 days 
prior to such removal. This notification shall specify:
          (A) the locations of the designated permanent storage 
        sites from which armoured vehicle launched bridges are 
        to be removed and the numbers of armoured vehicle 
        launched bridges to be removed from each such site:
          (B) the dates of removal of armoured vehicle launched 
        bridges from and return to designated permanent storage 
        sites; and
          (C) the intended use of armoured vehicle launched 
        bridges during the period of their removal from 
        designated permanent storage sites.
    4. Except as provided for in paragraph 6 of this Article, 
armoured vehicle launched bridges removed from designated 
permanent storage sites shall be returned to them no later than 
42 days after the actual date of removal.
    5. The aggregate number of armoured vehicle launched 
bridges removed from and retained outside of designated 
permanent storage sites by each group of States Parties shall 
not exceed 50 at any one time.
    6. States Parties shall have the right, for the purpose of 
maintenance or modification, to remove and have outside of 
designated permanent storage sites simultaneously up to 10 
percent, rounded up to the nearest even whole number, of their 
notified holdings of armoured vehicle launched bridges in each 
designated permanent storage site, or 10 armoured vehicle 
launched bridges from each designated permanent storage site, 
whichever is less.
    7. In the event of natural disasters involving flooding or 
damage to permanent bridges, States parties shall have the 
right to withdraw armoured vehicle launched bridges from 
designated permanent storage sites. Notification to all other 
States Parties of such withdrawals shall be given at the time 
of withdrawal.

                              Article XII

    1. Armoured infantry fighting vehicles held by 
organisations of a State Party designed and structured to 
perform in peacetime internal security functions, which are not 
structured and organised for ground combat against an external 
enemy, are not limited by this Treaty. The foregoing 
notwithstanding, in order to enhance the implementation of this 
Treaty and to provide assurance that the number of such 
armaments held by such organisations shall not be used to 
circumvent the provisions of this Treaty, any such armaments in 
excess of 1,000 armoured infantry fighting vehicles assigned by 
a State Party to organisations designed and structured to 
perform in peacetime internal security functions shall 
constitute a portion of the permitted levels specified in 
Articles IV, V and VI. No more than 600 such armoured infantry 
fighting vehicles of a State Party, assigned to such 
organisations, may be located in that part of the area of 
application described in Article V, paragraph 1, subparagraph 
(A). Each State Party shall further ensure that such 
organisations refrain from the acquisition of combat 
capabilities in excess of those necessary for meeting internal 
security requirements.
    2. A State Party that intends to reassign battle tanks, 
armoured infantry fighting vehicles, artillery, combat 
aircraft, attack helicopters and armoured vehicle launched 
bridges in service with its conventional armed forces to any 
organisation of that State Party not a part of its conventional 
armed forces shall notify all other States Parties no later 
than the date such reassignment takes effect. Such notification 
shall specify the effective date of the reassignment, 
conventional armaments and equipment limited by the Treaty 
being reassigned.

                              Article XIII

    1. For the purpose of ensuring verification of compliance 
with the provisions of this Treaty, each State Party shall 
provide notifications and exchange information pertaining to 
its conventional armaments and equipment in accordance with the 
Protocol on Information Exchange.
    2. Such notifications and exchange of information shall be 
provided in accordance with Article XVII.
    3. Each State Party shall be responsible for its own 
information; receipt of such information and of notifications 
shall not imply validation or acceptance of the information 
provided.

                              Article XIV

    1. For the purpose of ensuring verification of compliance 
with the provisions of this Treaty, each State Party shall have 
the right to conduct, and the obligation to accept, within the 
area of application, inspections in accordance with the 
provisions of the Protocol on Inspection.
    2. The purpose of such inspections shall be:
          (A) to verify, on the basis of the information 
        provided pursuant to the Protocol on Information 
        Exchange, the compliance of States Parties with the 
        numerical limitations set forth in Articles IV, V and 
        VI;
          (B) to monitor the process of reduction of battle 
        tanks, armoured combat vehicles, artillery, combat 
        aircraft and attack helicopters carried out at 
        reduction sites in accordance with Article VIII and the 
        Protocol on Reduction; and
          (C) to monitor the certification of recategorised 
        multi-purpose attack helicopters and reclassified 
        combat-capable trainer aircraft carried out in 
        accordance with the Protocol on Helicopter 
        Recategorisation and the Protocol on Aircraft 
        Reclassification, respectively.
    3. No State Party shall exercise the rights set forth in 
paragraphs 1 and 2 of this Article in respect of States Parties 
which belong to the group of States Parties to which it belongs 
in order to elude the objectives of the verification regime.
    4. In the case of an inspection conducted jointly by more 
than one State Party, one of them shall be responsible for the 
execution of the provisions of this Treaty.
    5. The number of inspections pursuant to Sections VII and 
VIII of the Protocol on Inspection which each State Part shall 
have the right to conduct and the obligation to accept during 
each specified time period shall be determined in accordance 
with the provisions of Section II of that Protocol.
    6. Upon completion of the 120-day residual level validation 
period, each State Party shall have the right to conduct, and 
each State Party with territory within the area of application 
shall have the obligation to accept, an agreed number of aerial 
inspections within the area of application. Such agreed numbers 
and other applicable provisions shall be developed during 
negotiations referred to in Article XVIII.

                               Article XV

    1. For the purpose of ensuring verification of compliance 
with the provisions of this Treaty, a State Party shall have 
the right to use, in addition to the procedures referred to in 
Article XIV, national or multinational technical means of 
verification at its disposal in a manner consistent with 
generally recognised principles of international law.
    2. A State Party shall not interfere with national or 
multinational technical means of verification of another State 
Party operating in accordance with paragraph 1 of this Article.
    3. A State Party shall not use concealment measures that 
impede verification of compliance with the provisions of this 
Treaty by national or multinational technical means of 
verification of another State Party operating in accordance 
with paragraph 1 of this Article. This obligation does not 
apply to cover or concealment practices associated with normal 
personnel training, maintenance or operations involving 
conventional armaments and equipment limited by the Treaty.

                              Article XVI

    1. To promote the objectives and implementation of the 
provisions of this Treaty, the States Parties hereby establish 
a Joint Consultative Group.
    2. Within the framework of the Joint Consultative Group, 
the States Parties shall:
          (A) address questions relating to compliance with or 
        possible circumvention of the provisions of this 
        Treaty;
          (B) seek to resolve ambiguities and differences of 
        interpretation that may become apparent in the way this 
        Treaty is implemented;
          (C) consider and, if possible, agree on measures to 
        enhance the viability and effectiveness of this Treaty;
          (D) update the lists contained in the Protocol on 
        Existing Types, as required by Article II, paragraph 2;
          (E) resolve technical questions in order to seek 
        common practices among the States Parties in the way 
        this Treaty is implemented;
          (F) work out or revise, as necessary, rules of 
        procedure, working methods, the scale of distribution 
        of expenses of the Joint Consultative Group and of 
        conferences convened under this Treaty and the 
        distribution of costs of inspections between or among 
        States Parties;
          (G) consider and work out appropriate measures to 
        ensure that information obtained through exchanges of 
        information among the States Parties or as a result of 
        inspections pursuant to this Treaty is used solely for 
        the purposes of this Treaty, taking into account the 
        particular requirements of each State Party in respect 
        of safeguarding information which that State Party 
        specifies as being sensitive;
          (H) consider, upon the request of any State Party, 
        any matter that a State Party wishes to propose for 
        examination by any conference to be convened in 
        accordance with Article XXI; such consideration shall 
        not prejudice the right of any State Party to resort to 
        the procedures set forth in Article XXI; and
          (I) consider matters of dispute arising out of the 
        implementation of this Treaty.
    3. Each State Party shall have the right to raise before 
the Joint Consultative Group, and have placed on its agenda, 
any issue relating to this Treaty.
    4. The Joint Consultative Group shall take decisions or 
make recommendations by consensus. Consensus shall be 
understood to mean the absence of any objection by any 
representative of a State Party to the taking of a decision or 
the making of a recommendation.
    5. The Joint Consultative Group may propose amendments to 
this Treaty for consideration and confirmation in accordance 
with Article XX. The Joint consultative Group may also agree on 
improvements to the viability and effectiveness of this Treaty, 
consistent with its provisions. Unless such improvements relate 
only to minor matters of an administrative or technical nature, 
they shall be subject to consideration and confirmation in 
accordance with Article XX before they can take effect.
    6. Nothing in this Article shall be deemed to prohibit or 
restrict any State Party from requesting information from or 
undertaking consultations with other States Parties on matters 
relating to this Treaty and its implementation in channels or 
fora other than the Joint Consultative Group.
    7. The Joint Consultative Group shall follow the procedures 
set forth in the Protocol on the Joint Consultative Group.

                              Article XVII

    The States Parties shall transmit information and 
notifications required by this Treaty in written form. They 
shall use diplomatic channels or other official channels 
designated by them, including in particular a communications 
network to be established by a separate arrangement.

                             Article XVIII

    1. The States Parties, after signature of this Treaty, 
shall continue the negotiations on conventional armed forces 
with the same Mandate and with the goal of building on this 
Treaty.
    2. The objective for these negotiations shall be to 
conclude an agreement on additional measures aimed at further 
strengthening security and stability in Europe, and pursuant to 
the Mandate, including measures to limit the personnel strength 
of their conventional armed forces within the area of 
application.
    3. The States Parties shall seek to conclude these 
negotiations no later than the follow-up meeting of the 
Conference on Security and Cooperation in Europe to be held in 
Helsinki in 1992.

                              Article XIX

    1. This Treaty shall be of unlimited duration. It may be 
supplemented by a further treaty.
    2. Each State Party shall, in exercising its national 
sovereignty, have the right to withdraw from this Treaty if it 
decides that extraordinary events related to the subject matter 
of this Treaty have jeopardised its supreme interests. A State 
Party intending to withdraw shall give notice of its decision 
to do so to the Depositary and to all other States Parties. 
Such notice shall be given at least 150 days prior to the 
intended withdrawal from this Treaty. It shall include a 
statement of the extraordinary events the State Party regards 
as having jeopardised its supreme interests.
    3. Each State Party shall, in particular, in exercising its 
national sovereignty, have the right to withdraw from this 
Treaty if another State Party increases its holdings in battle 
tanks, armoured combat vehicles, artillery, combat aircraft or 
attack helicopters, as defined in Article II, which are outside 
the scope of the limitations of this Treaty, in such 
proportions as to pose an obvious threat to the balance of 
forces within the area of application.

                               Article XX

    1. Any State Party may propose amendments to this Treaty. 
The text of a proposed amendment shall be submitted to the 
Depositary, which shall circulate it to all the States Parties.
    2. If an amendment is approved by all the States Parties, 
it shall enter into force in accordance with the procedures set 
forth in Article XXII governing the entry into force of this 
Treaty.

                              Article XXI

    1. Forty-six months after entry into force of this Treaty, 
and at five-year intervals thereafter, the Depositary shall 
convene a conference of the States Parties to conduct a review 
of the operations of this Treaty.
    2. The Depositary shall convene an extraordinary conference 
of the States Parties, if requested to do so by any State Party 
which considers that exceptional circumstances relating to this 
Treaty have arisen, in particular, in the event that a State 
Party has announced its intention to leave its group of States 
Parties or to join the other group of States Parties, as 
defined in Article II, paragraph 1, subparagraph (A). In order 
to enable the other States Parties to prepare for this 
conference, the request shall include the reasons why that 
State Party deems an extraordinary conference to be necessary. 
The conference shall consider the circumstances set forth in 
the request and their effect on the operation of this Treaty. 
The conference shall open no later than 15 days after receipt 
of the request and, unless it decides otherwise, shall last no 
longer than three weeks.
    3. The Depositary shall convene a conference of the States 
Parties to consider an amendment proposed pursuant to Article 
XX, if requested to do so by three or more States Parties. Such 
a conference shall open no later than 21 days after receipt of 
the necessary requests.
    4. In the event that a State Party gives notice of its 
decision to withdraw from this Treaty pursuant to Article XIX, 
the Depositary shall convene a conference of the States Parties 
which shall open no later than 21 days after receipt of the 
notice of withdrawal in order to consider questions relating to 
the withdrawal from this Treaty.

                              Article XXII

    1. This Treaty shall be subject to ratification by each 
State Party in accordance with its constitutional procedures. 
Instruments of ratification shall be deposited with the 
Government of the Kingdom of the Netherlands, hereby designated 
the Depositary.
    2. This Treaty shall enter into force 10 days after 
instruments of ratification have been deposited by all States 
Parties listed in the Preamble.
    3. The Depositary shall promptly inform all States Parties 
of:
          (A) the deposit of each instrument of ratification;
          (B) the entry into force of this Treaty;
          (C) any withdrawal in accordance with Article XIX and 
        its effective date;
          (D) the text of any amendment proposed in accordance 
        with Article XX;
          (E) the entry into force of any amendment to this 
        Treaty;
          (F) any request to convene a conference in accordance 
        with Article XXI;
          (G) the convening of a conference pursuant to Article 
        XXI; and
          (H) any other matter of which the Depositary is 
        required by this Treaty to inform the States Parties.
    4. This Treaty shall be registered by the Depositary 
pursuant to Article 102 of the Charter of the United Nations.

                             Article XXIII

    The original of this Treaty, of which the English, French, 
German, Italian, Russian and Spanish texts are equally 
authentic, shall be deposited in the archives of the 
Depositary. Duly certified copies of this Treaty shall be 
transmitted by the Depositary to all the States Parties.
                        10. Antarctic Treaty \1\

   Signed at Washington December 1, 1959; Ratification of the United 
 States deposited, August 18, 1960; Proclaimed by the President, June 
              23, 1961; Entered into force, June 23, 1961

  The Governments of Argentina, Australia, Belgium, Chile, the 
French Republic, Japan, New Zealand, Norway, the Union of South 
Africa, the Union of Soviet Socialist Republics, the United 
Kingdom of Great Britain and Northern Ireland, and the United 
States of America,
---------------------------------------------------------------------------
    \1\ 12 UST 794; TIAS 4780; 402 UNTS 71. For a list of states that 
are parties to this Treaty, see Department of State publication, 
Treaties in Force.

  Recognizing that it is in the interest of all mankind that 
Antarctica shall continue forever to be used exclusively for 
peaceful purposes and shall not become the scene or object of 
---------------------------------------------------------------------------
international discord;

  Acknowledging the substantial contributions to scientific 
knowledge resulting from international cooperation in 
scientific investigation in Antarctica;

  Convinced that the establishment of a firm foundation for the 
continuation and development of such cooperation on the basis 
of freedom of scientific investigation in Antarctica as applied 
during the International Geophysical Year accords with the 
interests of science and the progress of all mankind;

  Convinced also that a treaty ensuring the use of Antarctica 
for peaceful purposes only and the continuance of international 
harmony in Antarctica will further the purposes and principles 
embodied in the Charter of the United Nations;

  Have agreed as follows:

                               Article I

  1. Antarctica shall be used for peaceful purposes only. There 
shall be prohibited, inter alia, any measures of a military 
nature, such as the establishment of military bases and 
fortifications, the carrying out of military maneuvers, as well 
as the testing of any type of weapons.
  2. The present Treaty shall not prevent the use of military 
personnel or equipment for scientific research or for any other 
peaceful purpose.

                               Article II

  Freedom of scientific investigation in Antarctica and 
cooperation toward that end, as applied during the 
International Geophysical Year, shall continue, subject to the 
provisions of the present Treaty.

                              Article III

  1. In order to promote international cooperation in 
scientific investigation in Antarctica, as provided for in 
Article II of the present Treaty, the Contracting Parties agree 
that, to the greatest extent feasible and practicable:
          (a) information regarding plans for scientific 
        programs in Antarctica shall be exchanged to permit 
        maximum economy and efficiency of operations;
          (b) scientific personnel shall be exchanged in 
        Antarctica between expeditions and stations;
          (c) scientific observations and results from 
        Antarctica shall be exchanged and made freely 
        available.
  2. In implementing this Article, every encouragement shall be 
given to the establishment of cooperative working relations 
with those Specialized Agencies of the United Nations and other 
international organizations having a scientific or technical 
interest in Antarctica.

                               Article IV

  1. Nothing contained in the present Treaty shall be 
interpreted as:
          (a) a renunciation by any Contracting Party of 
        previously asserted rights of or claims to territorial 
        sovereignty in Antarctica;
          (b) a renunciation or diminution by any Contracting 
        Party of any basis of claim to territorial sovereignty 
        in Antarctica which it may have whether as a result of 
        its activities or those of its nationals in Antarctica, 
        or otherwise;
          (c) prejudicing the position of any Contracting Party 
        as regards its recognition or non-recognition of any 
        other State's right of or claim or basis of claim to 
        territorial sovereignty in Antarctica.
  2. No acts or activities taking place while the present 
Treaty is in force shall constitute a basis for asserting, 
supporting or denying a claim to territorial sovereignty in 
Antarctica or create any rights of sovereignty in Antarctica. 
No new claim, or enlargement of an existing claim, to 
territorial sovereignty in Antarctica shall be asserted while 
the present Treaty is in force.

                               Article V

  1. Any nuclear explosions in Antarctica and the disposal 
there of radioactive waste material shall be prohibited.
  2. In the event of the conclusion of international agreements 
concerning the use of nuclear energy, including nuclear 
explosions and the disposal of radioactive waste material, to 
which all of the Contracting Parties whose representatives are 
entitled to participate in the meetings provided for under 
Article IX are parties, the rules established under such 
agreements shall apply in Antarctica.

                               Article VI

  The provisions of the present Treaty shall apply to the area 
south of 60+ South Latitude, including all ice shelves, but 
nothing in the present Treaty shall prejudice or in any way 
affect the rights, or the exercise of the rights, of any State 
under international law with regard to the high seas within 
that area.

                              Article VII

  1. In order to promote the objectives and ensure the 
observance of the provisions of the present Treaty, each 
Contracting Party whose representatives are entitled to 
participate in the meetings referred to in Article IX of the 
Treaty shall have the right to designate observers to carry out 
any inspection provided for by the present Article. Observers 
shall be nationals of the Contracting Parties which designate 
them. The names of observers shall be communicated to every 
other Contracting Party having the right to designate 
observers, and like notice shall be given of the termination of 
their appointment.
  2. Each observer designated in accordance with the provisions 
of paragraph 1 of this Article shall have complete freedom of 
access at any time to any or all areas of Antarctica.
  3. All areas of Antarctica, including all stations, 
installations and equipment within those areas, and all ships 
and aircraft at points of discharging or embarking cargoes or 
personnel in Antarctica, shall be open at all times to 
inspection by any observers designated in accordance with 
paragraph 1 of this Article.
  4. Aerial observation may be carried out at any time over any 
or all areas of Antarctica by any of the Contracting Parties 
having the right to designate observers.
  5. Each Contracting Party shall, at the time when the present 
Treaty enters into force for it, inform the other Contracting 
Parties, and thereafter shall give them notice in advance, of
          (a) all expeditions to and within Antarctica, on the 
        part of its ships or nationals, and all expeditions to 
        Antarctica organized in or proceeding from its 
        territory;
          (b) all stations in Antarctica occupied by its 
        nationals; and
          (c) any military personnel or equipment intended to 
        be introduced by it into Antarctica subject to the 
        conditions prescribed in paragraph 2 of Article I of 
        the present Treaty.

                              Article VIII

  1. In order to facilitate the exercise of their functions 
under the present Treaty, and without prejudice to the 
respective positions of Contracting Parties relating to 
jurisdiction over all other persons in Antarctica, observers 
designated under paragraph 1 of Article VII and scientific 
personnel exchanged under subparagraph 1(b) of Article III of 
the Treaty, and members of the staffs accompanying any such 
persons, shall be subject only to the jurisdiction of the 
Contracting Party of which they are nationals in respect to all 
acts or omissions occurring while they are in Antarctica for 
the purpose of exercising their functions.
  2. Without prejudice to the provisions of paragraph 1 of this 
Article, and pending the adoption of measures in pursuance of 
subparagraph 1(e) of Article IX, the Contracting Parties 
concerned in any case of dispute with regard to the exercise of 
jurisdiction in Antarctica shall immediately consult together 
with a view to reaching a mutually acceptable solution.

                               Article IX

  1. Representatives of the Contracting Parties named in the 
preamble to the present Treaty shall meet at the City of 
Canberra within two months after the date of entry into force 
of the Treaty, and thereafter at suitable intervals and places, 
for the purpose of exchanging information, consulting together 
on matters of common interest pertaining to Antarctica, and 
formulating and considering, and recommending to their 
Governments, measures in furtherance of the principles and 
objectives of the Treaty, including measures regarding:
          (a) use of Antarctica for peaceful purposes only;
          (b) facilitation of scientific research in 
        Antarctica;
          (c) facilitation of international scientific 
        cooperation an Antarctica;
          (d) facilitation of the exercise of the rights of 
        inspection provided for in Article VII of the Treaty;
          (e) questions relating to the exercise of 
        jurisdiction in Antarctica;
          (f) preservation and conservation of living resources 
        in Antarctica;
  2. Each Contracting Party which has become a party to the 
present Treaty by accession under Article XIII shall be 
entitled to appoint representatives to participate in the 
meetings referred to in paragraph 1 of the present Article, 
during such time as that Contracting Party demonstrates its 
interest in Antarctica by conducting substantial scientific 
research activity there, such as the establishment of a 
scientific station or the dispatch of a scientific expedition.
  3. Reports from the observers referred to in Article VII of 
the present Treaty shall be transmitted to the representatives 
of the Contracting Parties participating in the meetings 
referred to in paragraph 1 of the present Article.
  4. The measures referred to in paragraph 1 of this Article 
shall become effective when approved by all the Contracting 
Parties whose representatives were entitled to participate in 
the meetings held to consider those measures.
  5. Any or all of the rights established in the present Treaty 
may be exercised as from the date of entry into force of the 
Treaty whether or not any measures facilitating the exercise of 
such rights have been proposed, considered or approved as 
provided in this Article.

                               Article X

  Each of the Contracting Parties undertakes to exert 
appropriate efforts, consistent with the Charter of the United 
Nations, to the end that no one engages in any activity in 
Antarctica contrary to the principles or purposes of the 
present Treaty.

                               Article XI

  1. If any dispute arises between two or more of the 
Contracting Parties concerning the interpretation or 
application of the present Treaty, those Contracting Parties 
shall consult among themselves with a view to having the 
dispute resolved by negotiation, inquiry, mediation, 
conciliation, arbitration, judicial settlement or other 
peaceful means of their own choice.
  2. Any dispute of this character not so resolved shall, with 
the consent, in each case, of all parties to the dispute, be 
referred to the International Court of Justice for settlement; 
but failure to reach agreement on reference to the 
International Court shall not absolve parties to the dispute 
from the responsibility of continuing to seek to resolve it by 
any of the various peaceful means referred to in paragraph 1 of 
this Article.

                              Article XII

  1. (a) The present Treaty may be modified or amended at any 
time by unanimous agreement of the Contracting Parties whose 
representatives are entitled to participate in the meetings 
provided for under Article IX. Any such modification or 
amendment shall enter into force when the depositary Government 
has received notice from all such Contracting Parties that they 
have ratified it.
  (b) Such modification or amendment shall hereafter enter into 
force as to any other Contracting Party when notice of 
ratification by it has been received by the depositary 
Government. Any such Contracting Party from which no notice of 
ratification is received within a period of two years from the 
date of entry into force of the modification or amendment in 
accordance with the provisions of subparagraph 1(a) of this 
Article shall be deemed to have withdrawn from the present 
Treaty on the date of expiration of such period.
  2. (a) If after the expiration of thirty years from the date 
of entry into force of the present Treaty, any of the 
Contracting Parties whose representatives are entitled to 
participate in the meetings provided for under Article IX so 
requests by a communication addressed to the depositary 
Government, a Conference of all the Contracting Parties shall 
be held as soon as practicable to review the operation of the 
Treaty.
  (b) Any modification or amendment to the present Treaty which 
is approved at such a Conference by a majority of the 
Contracting Parties there represented, including a majority of 
those whose representatives are entitled to participate in the 
meetings provided for under Article IX, shall be communicated 
by the depositary Government to all the Contracting Parties 
immediately after the termination of the Conference and shall 
enter into force in accordance with the provisions of paragraph 
1 of the present Article.
  (c) If any such modification or amendment has not entered 
into force in accordance with the provisions of subparagraph 
1(a) of this Article within a period of two years after the 
date of its communication to all the Contracting Parties, any 
Contracting Party may at any time after the expiration of that 
period give notice to the depositary Government of its 
withdrawal from the present Treaty; and such withdrawal shall 
take effect two years after the receipt of the notice by the 
depositary Government.

                              Article XIII

  1. The present Treaty shall be subject to ratification by the 
signatory States. It shall be open for accession by any State 
which is a Member of the United Nations, or by any other State 
which may be invited to accede to the Treaty with the consent 
of all the Contracting Parties whose representatives are 
entitled to participate in the meetings provided for under 
Article IX of the Treaty.
  2. Ratification of or accession to the present Treaty shall 
be effected by each State in accordance with its constitutional 
processes.
  3. Instruments of ratification and instruments of accession 
shall be deposited with the Government of the United States of 
America, hereby designated as the depositary Government.
  4. The depositary Government shall inform all signatory and 
acceding States of the date of each deposit of an instrument of 
ratification or accession, and the date of entry into force of 
the Treaty and of any modification or amendment thereto.
  5. Upon the deposit of instruments of ratification by all the 
signatory States, the present Treaty shall enter into force for 
those States and for States which have deposited instruments of 
accession. Thereafter the Treaty shall enter into force for any 
acceding State upon the deposit of its instrument of accession.
  6. The present Treaty shall be registered by the depositary 
Government pursuant to Article 102 of the Charter of the United 
Nations.

                              Article XIV

  The present Treaty, done in the English, French, Russian and 
Spanish languages, each version being equally authentic, shall 
be deposited in the archives of the Government of the United 
States of America, which shall transmit duly certified copies 
thereof to the Governments of the signatory and acceding 
States.

  In witness whereof, the undersigned Plenipotentiaries, duly 
authorized, have signed the present Treaty.

  Done at Washington this first day of December, one thousand 
nine hundred and fifty-nine.
          11. Prohibition of Nuclear Weapons in Latin America

 a. Treaty for the Prohibition of Nuclear Weapons in Latin America \1\

                   Done at Mexico, February 14, 1967

Preamble

    In the name of their peoples and faithfully interpreting 
their desires and aspirations, the Governments of the States 
which sign the Treaty for the Prohibition of Nuclear Weapons in 
Latin America,
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    \1\ 22 UST 762; TIAS 7137.  The United States is not a party to 
this Treaty. The United States is, however, a party to Additional 
Protocols I and II of this Treaty that refer to specific articles of 
the Treaty.

    Desiring to contribute, so far as lies in their power, 
towards ending the armaments race, especially in the field of 
nuclear weapons, and toward strengthening a world at peace, 
based on the sovereign equality of States, mutual respect and 
---------------------------------------------------------------------------
good neighbourliness,

    Recalling that the United Nations General Assembly, in its 
Resolution 808 (IX), adopted unanimously as one of the three 
points of a coordinated programme of disarmament ``the total 
prohibition of the use and manufacture of nuclear weapons and 
weapons of mass destruction of every type'',

    Recalling that militarily denuclearized zones are not an 
end in themselves but rather a means for achieving general and 
complete disarmament at a later stage,

    Recalling United Nations General Assembly Resolution 1911 
(XVIII), which established that the measures that should be 
agreed upon for the denuclearization of Latin America should be 
taken ``in the light of the principles of the Charter of the 
United Nations and of regional agreements'',

    Recalling United Nations General Assembly Resolution 2028 
(XX), which established the principle of an acceptable balance 
of mutual responsibilities and duties for the nuclear and non-
nuclear powers, and

    Recalling that the Charter of the Organization of American 
States proclaims that it is an essential purpose of the 
Organization to strengthen the peace and security of the 
hemisphere.

Convinced:

    That the incalculable destructive power of nuclear weapons 
has made it imperative that the legal prohibition of war should 
be strictly observed in practice if the survival of 
civilization and of mankind itself is to be assured,
    That nuclear weapons, whose terrible effects are suffered, 
indiscriminately and inexorably, by military forces and 
civilian population alike, constitute, through the persistence 
of the radioactivity they release, an attack on the integrity 
of the human species and ultimately may even render the whole 
earth uninhabitable,
    That general and complete disarmament under effective 
international control is a vital matter which all the peoples 
of the world equally demand,
    That the proliferation of nuclear weapons, which seems 
inevitable unless States, in the exercise of the sovereign 
rights, impose restrictions on themselves in order to prevent 
it, would make any agreement on disarmament enormously 
difficult and would increase the danger of the outbreak of a 
nuclear conflagration,
    That the establishment of militarily denuclearized zones is 
closely linked with the maintenance of peace and security in 
the respective regions,
    That the military denuclearization of vast geographical 
zones, adopted by the sovereign decision of the States 
comprised therein, will exercise a beneficial influence on 
other regions where similar conditions exist,
    That the privileged situation of the signatory States, 
whose territories are wholly free from nuclear weapons, imposes 
upon them the inescapable duty of preserving that situation 
both in their own interests and for the good of mankind,
    That the existence of nuclear weapons in any country of 
Latin America would make it a target for possible nuclear 
attacks and would inevitably set off, throughout the region, a 
ruinous race in nuclear weapons which would involve the 
unjustifiable diversion, for warlike purposes, of the limited 
resources required for economic and social development,
    That the foregoing reasons, together with the traditional 
peace-loving outlook of Latin America, give rise to an 
inescapable necessity that nuclear energy should be used in 
that region exclusively for peaceful purposes, and that the 
Latin American countries should use their right to the greatest 
and most equitable possible access to this new source of energy 
in order to expedite the economic and social development of 
their peoples,

Convinced finally:

    That the military denuclearization of Latin American--being 
understood to mean the undertaking entered into internationally 
in this Treaty to keep their territories forever free from 
nuclear weapons--will constitute a measure which will spare 
their peoples from the squandering of their limited resources 
on nuclear armaments and will protect them against possible 
nuclear attacks on their territories, and will also constitute 
a significant contribution towards preventing the proliferation 
of nuclear weapons and a powerful factor for general and 
complete disarmament, and
    That Latin America, faithful to its tradition of 
universality, must not only endeavour to banish from its 
homelands the scourge of a nuclear war, but must also strive to 
promote the well-being and advancement of its peoples, at the 
same time co-operating in the fulfillment of the ideals of 
mankind, that is to say, in the consolidation of a permanent 
peace based on equal rights, economic fairness and social 
justice for all, in accordance with the principles and purposes 
set forth in the Charter of the United Nations and in the 
Charter of the Organization of American States,

Have agreed as follows:

Obligations

                               Article 1

    1. The Contracting Parties hereby undertake to use 
exclusively for peaceful purposes the nuclear material and 
facilities which are under their jurisdiction, and to prohibit 
and prevent in their respective territories:
          (a) The testing, use, manufacture, production or 
        acquisition by any means whatsoever of any nuclear 
        weapons, by the Parties themselves, directly or 
        indirectly, on behalf of anyone else or in any way, and
          (b) The receipt, storage, installation, deployment 
        and any form of possession of any nuclear weapons, 
        directly, or indirectly, by the Parties themselves, by 
        anyone on their behalf or in any other way.
    2. The Contracting Parties also undertake to refrain from 
engaging in, encouraging or authorizing, directly or 
indirectly, or in any way participating in the testing, use, 
manufacture, production, possession or control of any nuclear 
weapons.

Definition of the Contracting Parties

                               Article 2

    For the purposes of this Treaty the Contracting Parties are 
those for whom the Treaty is in force.

Definition of territory

                               Article 3

    For the purposes of this Treaty, the term ``territory'' 
shall include the territorial sea, air space and any other 
space over which the State exercises sovereignty in accordance 
with its own legislation.

Zone of application

                               Article 4

    1. The zone of application of this Treaty is the whole of 
the territories for which the Treaty is in force.
    2. Upon fulfillment of the requirements of article 28, 
paragraph 1, the zone of application of this Treaty shall also 
be that which is situated in the western hemisphere within the 
following limits (except the continental part of the territory 
of the United States of America and its territorial waters): 
starting at a point located at 35+ north latitude, 75+ west 
longitude; from this point directly southward to a point at 30+ 
north latitude, 75+ west longitude; from there, directly 
eastward to a point at 30+ north latitude, 50+ west longitude; 
from there, along a loxodromic line to a point at 5+ north 
latitude, 20+ west longitude; from there, directly southward to 
a point at 60+ south latitude, 20+ west longitude; from there, 
directly westward to a point at 60+ south latitude, 115+ west 
longitude; from there, directly northward to a point at 0 
latitude, 115+ west longitude; from there, along a loxodromic 
line to a point at 35+ north latitude, 150+ west longitude; 
from there directly eastward to a point at 35+ north latitude, 
75+ west longitude.

Definition of nuclear weapons

                               Article 5

    For the purposes of this Treaty, a nuclear weapon is any 
device which is capable of releasing nuclear energy in an 
uncontrolled manner and which has a group of characteristics 
that are appropriate for use for warlike purposes. An 
instrument that may be used for the transport or propulsion of 
the device is not included in this definition if it is 
separable from the device and not an indivisible part thereof.

Meeting of signatories

                               Article 6

    At the request of any of the signatory States of it the 
Agency established by article 7 should so decide, a meeting of 
all the signatories may be convoked to consider in common 
questions which may affect the very essence of this instrument, 
including possible amendments to it. In either case, the 
meeting will be convoked by the General Secretary.

Organization

                               Article 7

    1. In order to ensure compliance with the obligations of 
this Treaty, the Contracting Parties hereby establish an 
international organization to be known as the ``Agency for the 
Prohibition of Nuclear Weapons in Latin America,'' hereinafter 
referred to as ``the Agency.'' Only the Contracting Parties 
shall be affected by its decisions.
    2. The Agency shall be responsible for the holding of 
periodic or extraordinary consultations among Member States on 
matters relating to the purposes, measures and procedures set 
forth in this Treaty and to the supervision of compliance with 
the obligations arising therefrom.
    3. The Contracting Parties agree to extend to the Agency 
full and prompt co-operation in accordance with the provisions 
of this Treaty, of any agreements they may conclude with the 
Agency and of any agreements the Agency may conclude with any 
other international organization or body.
    4. The headquarters of the Agency shall be in Mexico City.

Organs

                               Article 8

    1. There are hereby established as principal organs of the 
Agency a General Conference, a Council and a Secretariat.
    2. Such subsidiary organs as are considered necessary by 
the General Conference may be established within the purview of 
this Treaty.

The General Conference

                               Article 9

    1. The General Conference, the supreme organ of the Agency, 
shall be composed of all the Contracting Parties; it shall hold 
regular sessions every two years, and may also hold special 
sessions whenever this Treaty so provides or, in the opinion of 
the Council the circumstances so require.
    2. The General Conference:
          (a) May consider and decide on any matters or 
        questions covered by this Treaty, within the limits 
        thereof, including those referring to powers and 
        functions of any organ provided for in this Treaty.
          (b) Shall establish procedures for the control system 
        to ensure observance of this Treaty in accordance with 
        its provisions.
          (c) Shall elect the Members of the Council and the 
        General Secretary.
          (d) May remove the General Secretary from office if 
        the proper functioning of the Agency so requires.
          (e) Shall receive and consider the biennial and 
        special reports submitted by the Council and General 
        Secretary.
          (f) Shall initiate and consider studies designed to 
        facilitate the optimum fulfillment of the aims of this 
        treaty, without prejudice to the power of the General 
        Secretary independently to carry out similar studies 
        for submission and to consideration by the Conference.
          (g) Shall be the organ competent to authorize the 
        conclusion of agreements with Governments and other 
        international organization and bodies.
    3. The General Conference shall adopt the Agency's budget 
and fix the scale of financial contributions to be paid by 
Member States, taking into account the systems and criteria 
used for the same purpose by the United Nations.
    4. The General Conference shall elect its officers for each 
session and may establish such subsidiary organs as it deems 
necessary for the performance of its functions.
    5. Each Member of the Agency shall have one vote. The 
decisions of the General Conference shall be taken by a two-
thirds majority of the Members present and voting in the case 
of matters relating to the control system and measures referred 
to in article 20, the admission of new Members, the election or 
removal of the General Secretary, adoption of the budget and 
matters related thereto. Decisions on other matters, as well as 
procedural questions and also determination of which questions 
must be decided by a two-thirds majority, shall be taken by a 
simple majority of the Members present and voting.
    6. The General Conference shall adopt its own rules 
procedure.

The Council

                               Article 10

    1. The Council shall be composed of five Members of the 
Agency elected by the General Conference from among the 
Contracting Parties, due account being taken of equitable 
geographic distribution.
    2. The Members of the Council shall be elected for a term 
of four years. However, in the first election three will be 
elected for two years. Outgoing Members may not be re-elected 
for the following period unless the limited number of States 
for which the Treaty is in force so requires.
    3. Each Member of the Council shall have one 
representative.
    4. The Council shall be so organized as to be able to 
function continuously.
    5. In addition to the functions conferred upon it by this 
Treaty and to those which may be assigned to it by the General 
Conference, the Council shall, through the General Secretary, 
ensure the proper operation of the control system in accordance 
with the provisions of this Treaty and with the decisions 
adopted by the General Conference.
    6. The Council shall submit an annual report on its work to 
the General Conference as well as such special reports as it 
deems necessary or which the General Conference requests of it.
    7. The Council shall elect its officers for each session.
    8. The decisions of the Council shall be taken by a simple 
majority of its Members present and voting.
    9. The Council shall adopt its own rules of procedure.

The Secretariat

                               Article 11

    1. The Secretariat shall consist of a General Secretary, 
who shall be the chief administrative officer to the Agency, 
and of such staff as the agency may require. The term of office 
of the General Secretary shall be four years and he may be re-
elected for a single additional term. The General Secretary may 
not be a national of the country in which the Agency has its 
headquarters. In case the office of General Secretary becomes 
vacant, a new election shall be held to fill the office for the 
remainder of the term.
    2. The staff of the Secretariat shall be appointed by the 
General Secretary, in accordance with rules laid down by the 
General Conference.
    3. In addition to the functions conferred upon him by this 
Treaty and to those which may be assigned to him by the General 
Conference--the General Secretary shall ensure, as provided by 
article 10, paragraph 5, the proper operation of the control 
system established by this Treaty, in accordance with the 
provisions of the Treaty and the decisions taken by the General 
Conference.
    4. The General Secretary shall act in that capacity in all 
meetings of the General Conference and of the Council and shall 
make an annual report to both bodies on the work of the Agency 
and any special reports requested by the General Conference or 
the Council or which the General Secretary may deem desirable.
    5. The General Secretary shall establish the procedures for 
distributing to all Contracting Parties information received by 
the Agency from governmental sources and such information from 
nongovernmental sources as may be of interest to the Agency.
    6. In the performance of their duties the General Secretary 
and the staff shall not seek or receive instructions from any 
Government or from any other authority external to the Agency 
and shall refrain from any action which might reflect on their 
position as international officials responsible only to the 
Agency; subject to their responsibility to the Agency, they 
shall not disclose any industrial secrets or other confidential 
information coming to their knowledge by reason of their 
official duties in the Agency.
    7. Each of the Contracting Parties undertakes to respect 
the exclusively international character of the responsibilities 
of the General Secretary and the staff and not to seek to 
influence them in the discharge of their responsibilities.

Control system

                               Article 12

    1. For the purpose of verifying compliance with the 
obligations entered into by the Contracting Parties in 
accordance with article 1, a control system shall be 
established which shall be put into effect in accordance with 
the provisions of articles 1318 of this Treaty.
    2. The control system shall be used in particular for the 
purpose of verifying:
          (a) That devices, services and facilities intended 
        for peaceful uses of nuclear energy are not used in the 
        testing or manufacture of nuclear weapons,
          (b) That none of the activities prohibited in article 
        1 of this Treaty are carried out in the territory of 
        the Contracting Parties with nuclear materials or 
        weapons introduced from abroad, and
          (c) That explosions for peaceful purposes are 
        compatible with article 18 of this Treaty.

IAEA safeguards

                               Article 13

    Each Contracting Party shall negotiate multilateral or 
bilateral agreements with the International Atomic Energy 
Agency for the application of its safeguards to its nuclear 
activities. Each Contracting Party shall initiate negotiations 
within a period of 180 days after the date of the deposit of 
its instrument of ratification of this Treaty. These agreements 
shall enter into force, for each Party, not later than eighteen 
months after the date of the initiation of such negotiations 
except in case of unforeseen circumstances or force majeure.

Reports of the Parties

                               Article 14

    1. The Contracting Parties shall submit to the Agency and 
to the International Atomic Energy Agency, for their 
information, semiannual reports stating that no activity 
prohibited under this Treaty has occurred in their respective 
territories.
    2. The Contracting Parties shall simultaneously transmit to 
the Agency a copy of any report they may submit to the 
International Atomic Energy Agency which relates to matters 
that are the subject of this Treaty and to the application of 
safeguards.
    3. The Contracting Parties shall also transmit to the 
Organization of American States, for its information, any 
reports that may be of interest to it, in accordance with the 
obligations established by the Inter-American System.

Special reports requested by the General Secretary

                               Article 15

    1. With the authorization of the Council, the General 
Secretary may request any of the Contracting Parties to provide 
the Agency with complementary or supplementary information 
regarding any event or circumstance connected with compliance 
with this Treaty, explaining his reasons. The Contracting 
Parties undertake to co-operate promptly and fully with the 
General Secretary.
    2. The General Secretary shall inform the Council and the 
Contracting Parties forthwith of such requests and of the 
respective replies.

Special inspections

                               Article 16

    1. The International Atomic Energy Agency and the Council 
established by this Treaty have the power of carrying out 
special inspections in the following cases:
          (a) In the case of the International Atomic Energy 
        Agency, in accordance with the agreements referred to 
        in article 13 of this Treaty:
          (b) In the case of the Council:
                  (i) When so requested, the reasons for the 
                request being stated, by any Party which 
                suspects that some activity prohibited by this 
                Treaty has been carried out or is about to be 
                carried out, either in the territory of any 
                other Party or in any other place on such 
                latter Party's behalf, the Council shall 
                immediately arrange for such an inspection in 
                accordance with article 10, paragraph 5.
                  (ii) When requested by any Party which has 
                been suspected of or charged with having 
                violated this Treaty, the Council shall 
                immediately arrange for the special inspection 
                requested in accordance with article 10, 
                paragraph 5.
The above requests will be made to the Council through the 
General Secretary.
    2. The costs and expenses of any special inspection carried 
out under paragraph 1, sub-paragraph (b), sections (i) and (ii) 
of this article shall be borne by the requesting Party or 
Parties, except where the Council concludes on the basis of the 
report on the special inspection that, in view of the 
circumstances existing in the case, such costs and expenses 
should be borne by the Agency.
    3. The General Conference shall formulate the procedures 
for the organization and execution of the special inspections 
carried out in accordance with paragraph 1, sub-paragraph (b), 
sections (i) and (ii) of this article.
    4. The Contracting Parties undertake to grant the 
inspectors carrying out such special inspections full and free 
access to all places and all information which may be necessary 
for the performance of their duties and which are directly and 
intimately connected with the suspicion of violating this 
Treaty. If so requested by the authorities of the Contracting 
Party in whose territory the inspection is carried out, the 
inspectors designated by the General Conference shall be 
accompanied by representatives of said authorities, provided 
that this does not in any way delay or hinder the work of the 
inspectors.
    5. The Council shall immediately transmit to all the 
Parties through the General Secretary, a copy of any report 
resulting from special inspections.
    6. Similarly, the Council shall send through the General 
Secretary to the Secretary-General of the United Nations, for 
transmission to the United Nations Security Council and General 
Assembly, and to the Council of the Organization of American 
States, for its information, a copy of any report resulting 
from any special inspection carried out in accordance with 
paragraph 1, sub-paragraph (b), sections (i) and (ii) of this 
article.
    7. The Council may decide, or any Contracting Party may 
request, the convening of a special session of the General 
Conference for the purpose of considering the reports resulting 
from any special inspection. In such a case, the General 
Secretary shall take immediate steps to convene the special 
session requested.
    8. The General Conference, convened in special session 
under this article, may make recommendations to the Contracting 
Parties and submit reports to the Secretary-General of the 
United Nations to be transmitted to the United Nations Security 
Council and the General Assembly.

Use of nuclear energy for peaceful purposes

                               Article 17

    Nothing in the provisions of this Treaty shall prejudice 
the rights of the Contracting Parties, in conformity with this 
Treaty, to use nuclear energy for peaceful purposes, in 
particular for their economic development and social progress.

Explosions for peaceful purposes

                               Article 18

    1. The Contracting Parties may carry out explosions of 
nuclear devices for peaceful purposes--including explosions 
which involve devices similar to those used in nuclear 
weapons--or collaborate with third parties for the same 
purpose, provided that they do so in accordance with the 
provisions of this article and the other articles of the 
Treaty, particularly articles 1 and 5.
    2. Contracting Parties intending to carry out, or to co-
operate in carrying out, such an explosion shall notify the 
Agency and the International Atomic Energy Agency, as far in 
advance as the circumstances require, of the date of the 
explosion and shall at the same time provide the following 
information:
          (a) The nature of the nuclear device and the source 
        from which it was obtained,
          (b) The place and purpose of the planned explosion,
          (c) The procedures which will be followed in order to 
        comply with paragraph 3 of this article,
          (d) The expected force of the device, and
          (e) The fullest possible information on any possible 
        radioactive fall-out that may result from the explosion 
        or explosions, and measures which will be taken to 
        avoid danger to the population, flora, fauna and 
        territories of any other Party or Parties.
    3. The General Secretary and the technical personnel 
designated by the Council and the International Atomic Energy 
Agency may observe all the preparations, including the 
explosion of the device, and shall have unrestricted access to 
any area in the vicinity of the site of the explosion in order 
to ascertain whether the device and the procedures followed 
during the explosion are in conformity and the information 
supplied under paragraph 2 of this article and the other 
provisions of this Treaty.
    4. The Contracting Parties may accept the collaboration of 
third parties for the purpose set forth in paragraph 1 of the 
present article, in accordance with paragraphs 2 and 3 thereof.

Relations with other international organizations

                               Article 19

    1. The Agency may conclude such agreements with the 
International Atomic Energy Agency as are authorized by the 
General conference and as it considers likely to facilitate the 
efficient operation of the control system established by this 
Treaty.
    2. The Agency may also enter into relations with any 
international organization or body, especially any which may be 
established in the future to supervise disarmament or measures 
for the control of armaments in any part of the world.
    3. The Contracting Parties may, if they see fit, request 
the advice of the Inter-American Nuclear Energy Commission on 
all technical matters connected with the application of this 
Treaty with which the Commission is competent to deal under its 
Statute.

Measures in the event of violation of the Treaty

                               Article 20

    1. The General Conference shall take note of all cases in 
which, in its option, any Contracting Party is not complying 
fully with its obligations under this Treaty and shall draw the 
matter to the attention of the Party concerned, making such 
recommendations as it deems appropriate.
    2. If, in its opinion, such non-compliance constitutes a 
violation of this Treaty which might endanger peace and 
security, the General Conference shall report thereon 
simultaneously to the United Nations Security Council and the 
General Assembly through the Secretary-General of the United 
Nations, The General Conference shall likewise report to the 
International Atomic Energy Agency for such purposes as are 
relevant in accordance with its Statute.

United Nations and Organization of American States

                               Article 21

    None of the provisions of this Treaty shall be construed as 
impairing the rights and obligations of the Parties under the 
Charter of the United Nations or, in the case of the States 
Members of the Organization of American States, under existing 
regional treaties.

Privileges and immunities

                               Article 22

    1. The Agency shall enjoy in the territory of each of the 
Contracting Parties such legal capacity and such privileges and 
immunities as may be necessary for the exercise of its 
functions and the fulfillment of its purposes.
    2. Representatives of the Contracting Parties accredited to 
the Agency and officials of the Agency shall similarly enjoy 
such privileges and immunities as are necessary for the 
performance of their functions.
    3. The Agency may conclude agreements with the Contracting 
Parties with a view to determining the details of the 
application of paragraphs 1 and 2 of this article.

Notification of other agreements

                               Article 23

    Once this Treaty has entered into force, the Secretariat 
shall be notified immediately of any international agreement 
concluded by any of the Contracting Parties on matters with 
which this Treaty is concerned; the Secretariat shall register 
it and notify the other Contracting Parties.

Settlement of disputes

                               Article 24

    Unless the Parties concerned agree on another mode of 
peaceful settlement, any question or dispute concerning the 
interpretation or application of this Treaty which is not 
settled shall be referred to the International Court of Justice 
with the prior consent of the Parties to the controversy.

Signature

                               Article 25

    1. This Treaty shall be open indefinitely for signature by:
          (a) All the Latin American Republics, and
          (b) All other sovereign States situated in their 
        entirety south of latitude 35+ north in the western 
        hemisphere; and, except as provided in paragraph 2 of 
        this article, all such States which become sovereign, 
        when they have been admitted by the General Conference.
    2. The General Conference shall not take any decision 
regarding the admission of a political entity part or all of 
whose territory is the subject, prior to the date when this 
Treaty is opened for signatures of a dispute or claim between 
an extra-continental country and one or more Latin American 
States, so long as the dispute has not been settled by peaceful 
means.

Ratification and deposit

                               Article 26

    1. This Treaty shall be subject to ratification by 
signatory States in accordance with their respective 
constitutional procedures.
    2. This Treaty and the instruments of ratification shall be 
deposited with the Government of the Mexican United States, 
which is hereby designated the Depositary Government.
    3. The Depositary Government shall send certified copies of 
this Treaty of the Governments of Signatory States and shall 
notify them of the deposit of each instrument of ratification.

Reservations

                               Article 27

    This Treaty shall not be subject to reservations.

Entry into force

                               Article 28

    1. Subject to the provisions of paragraph 2 of this article 
this Treaty shall enter into force among the States that have 
ratified it as soon as the following requirements have been 
met:
          (a) Deposit of the instruments of ratification of 
        this Treaty with the Depositary Government by the 
        Governments of the States mentioned in article 25 which 
        are in existence on the date when this Treaty is opened 
        for signature and which are not affected by the 
        provisions of article 25, paragraph 2;
          (b) Signature and ratification of Additional Protocol 
        I annexed to this Treaty by all extra-continental or 
        continental States having de jure or de facto 
        international responsibility for territories situated 
        in the zone of application of the Treaty;
          (c) Signature and ratification of the Additional 
        Protocol II annexed to this Treaty by all powers 
        possessing nuclear weapons;
          (d) Conclusion of bilateral or multilateral 
        agreements on the application of the Safeguards System 
        of the International Atomic Energy Agency in accordance 
        with article 13 of this Treaty.
    2. All signatory States shall have the imprescriptible 
right to waive, wholly or in part, the requirements laid down 
in the preceding paragraph. They may do so by means of a 
declaration which shall be annexed to their respective 
instrument of ratification and which may be formulated at the 
time of deposit of the instrument or subsequently. For these 
States which exercise this right, this Treaty shall enter into 
force upon deposit of the declaration, or as soon as those 
requirements have been met which have not been expressly 
waived.
    3. As soon as this Treaty has entered into force in 
accordance with the provisions of paragraph 2 for eleven 
States, the Depositary Government shall convene a preliminary 
meeting of those States in order that the Agency may be set up 
and commence its work.
    4. After the entry into force of this Treaty for all the 
countries of the zone, the rise of a new power possessing 
nuclear weapons shall have the effect of suspending the 
execution of this Treaty for those countries which have 
ratified it without waiving requirements of paragraph 1, sub-
paragraph (c) of this article, and which request such 
suspension; the Treaty shall remain suspended until the new 
power on its own initiative or upon request by the General 
Conference, ratifies the annexed Additional Protocol II.

Amendments

                               Article 29

    1. Any Contracting Party may propose amendments to this 
Treaty and shall submit its proposals to the Council through 
the General Secretary, who shall transmit them to all the other 
Contracting Parties and, in addition, to all other signatories 
in accordance with article 6. The Council, through the General 
Secretary, shall immediately following the meeting of 
signatories convene a special session of the General Conference 
to examine the proposals made, for the adoption of which a two-
thirds majority of the Contracting parties present and voting 
shall be required.
    2. Amendments adopted shall enter into force as soon as the 
requirements set forth in article 28 of this Treaty have been 
complied with.

Duration and denunciation

                               Article 30

    1. This Treaty shall be of a permanent nature and shall 
remain in force indefinitely, but any Party may denounce it by 
notifying the General Secretary of the Agency if, in the 
opinion of the denouncing State, there have arisen or may arise 
circumstances connected with the content of this Treaty or of 
the annexed Additional Protocols I and II which affect its 
supreme interest or the peace and security of one or more 
Contracting Parties.
    2. The denunciation shall take effect three months after 
the delivery to the General Secretary of the Agency of the 
notification to the other Contracting Parties and to the 
Secretary-General of the United Nations for the information of 
the United Nations Security Council and the General Assembly. 
He shall also communicate it to the Secretary-General of the 
Organization of American States.

Authentic texts and registration

                               Article 31

    This Treaty, of which the Spanish, Chinese, English, 
French, Portuguese and Russian texts are equally authentic, 
shall be registered by the Depositary Government in accordance 
with article 102 of the United Nations Charter. The Depositary 
Government shall notify the Secretary-General of the United 
Nations of the signatures, ratifications and amendments 
relating to this Treaty and shall communicate them to the 
Secretary-General of the Organization of American States for 
its information.

                          Transitional Article

    Denunciation of the declaration referred to in article 28, 
paragraph 2, shall be subject to the same procedures as the 
denunciation of this Treaty, except that it will take effect on 
the date of delivery of the respective notification.

    In witness whereof the undersigned Plenipotentiaries, 
having deposited their full powers, found in good and due form, 
sign this Treaty on behalf of their respective Governments.

    Done at Mexico, Distrito Federal, on the Fourteenth day of 
February, one thousand nine hundred and sixty-seven.
                     b. Additional Protocol II \1\

Done at Mexico, February 14, 1967; Ratification advised by the Senate, 
 with understandings and declarations, April 19, 1971; Ratified by the 
     President, with understandings and declarations, May 8, 1971; 
      Ratification of the United States deposited at Mexico, with 
 understandings and declarations, May 12, 1971; Entered into force for 
the United States, May 12, 1971; Proclaimed by the President, June 11, 
                                  1971

  The undersigned Plenipotentiaries, furnished with full powers 
by their respective Governments,
---------------------------------------------------------------------------
    \1\ 22 UST 754; TIAS 7137; 634 UNTS 364. For a list of states that 
are parties to this Protocol, see Department of State publication, 
Treaties in Force.

  Convinced, That the Treaty for the Prohibition of Nuclear 
Weapons in Latin America,\2\ negotiated and signed in 
accordance with the recommendations of the General Assembly of 
the United Nations in Resolution 1911 (XVIII) of 27 November 
1963, represents an important step towards ensuring the non-
proliferation of nuclear weapons,
---------------------------------------------------------------------------
    \2\ The United States is not a party to the Treaty for the 
Prohibition of Nuclear Weapons in Latin America (the Treaty of 
Tlatelolco). The United States has ratified Additional Protocols I and 
II. China, France, the Soviet Union and the United Kingdom are the 
other parties to Protocol II.

  Aware, That the non-proliferation of nuclear weapons is not 
an end in itself but, rather, a means of achieving general and 
---------------------------------------------------------------------------
complete disarmament at a later stage, and

  Desiring, To contribute, so far as lies in their power, 
towards ending the armaments race, especially in the field of 
nuclear weapons, and towards promoting and strengthening a 
world at peace, based on mutual respect and sovereign equality 
of States,

Have agreed as follows:

  Article 1. The statute of denuclearization of Latin America 
in respect of warlike purposes, as defined, delimited and set 
forth in the Treaty for the Prohibition of Nuclear Weapons in 
Latin America of which this instrument is an annex, shall be 
fully respected by the Parties to this Protocol in all its 
express aims and provisions.
  Article 2. The Governments represented by the undersigned 
Plenipotentiaries undertake, therefore not to contribute in any 
way to the performance of acts involving a violation of the 
obligations of article 1 of the Treaty in the territories to 
which the Treaty applies in accordance with article 4 thereof.
  Article 3. The Governments represented by the undersigned 
Plenipotentiaries also undertake not to use or threaten to use 
nuclear weapons against the Contracting Parties of the Treaty 
for the Prohibition of Nuclear Weapons in Latin America.
  Article 4. The duration of this Protocol shall be the same as 
that of the Treaty for the Prohibition of Nuclear Weapons in 
Latin America of which this Protocol is an annex, and the 
definitions of territory and nuclear weapons set forth in 
articles 3 and 5 of the Treaty shall be applicable to this 
Protocol, as well as the provisions regarding ratification, 
reservations, denunciation, authentic texts and registration 
contained in articles 26, 27, 30 and 31 of the Treaty.
  Article 5. This Protocol shall enter into force, for the 
States which have ratified it, on the date of the deposit of 
their respective instruments of ratification.

  In witness whereof, the undersigned Plenipotentiaries, having 
deposited their full powers, found to be in good and due form, 
sign this Additional Protocol on behalf of their respective 
Governments.
                              ----------                              


  Understandings and Declarations Included in the U.S. Instrument of 
                            Ratification \2\

  The Senate of the United States of America by its resolution 
of April 19, 1971, two-thirds of the Senators present 
concurring, gave its advice and consent to the ratification of 
Additional Protocol II, with the following understandings and 
declarations:
---------------------------------------------------------------------------
    \2\ 22 UST 760; TIAS 7137.
---------------------------------------------------------------------------

                                   I

  That the United States Government understands the reference 
in Article 3 of the treaty to ``its own legislation'' to relate 
only to such legislation as is compatible with the rules of 
international law and as involves an exercise of sovereignty 
consistent with those rules, and accordingly that ratification 
of Additional Protocol II by the United States Government could 
not be regarded as implying recognition, for the purposes of 
this treaty and its protocols or for any other purpose, of any 
legislation which did not, in the view of the United States, 
comply with the relevant rules of international law.
  That the United States Government takes note of the 
Preparatory Commission's interpretation of the treaty, as set 
forth in the Final Act, that, governed by the principles and 
rules of international law, each of the Contracting Parties 
retains exclusive power and legal competence, unaffected by the 
terms of the treaty, to grant or deny non-Contracting Parties 
transit and transport privileges.
  That as regards the undertaking in Article 3 of Protocol II 
not to use or threaten to use nuclear weapons against the 
Contracting Parties, the United States Government would have to 
consider that an armed attack by a Contracting Party, in which 
it was assisted by a nuclear-weapon state, would be 
incompatible with the Contracting Party's corresponding 
obligations under Article 1 of the treaty.

                                   II

  That the United States Government considers that the 
technology of making nuclear explosive devices for peaceful 
purposes is indistinguishable from the technology of making 
nuclear weapons, and that nuclear weapons and nuclear explosive 
devices for peaceful purposes are both capable of releasing 
nuclear energy in an uncontrolled manner and have the common 
group of characteristics of large amounts of energy generated 
instantaneously from a compact source. Therefore the United 
States Government understands the definition contained in 
Article 5 of the treaty as necessarily encompassing all nuclear 
explosive devices. It is also understood that Articles 1 and 5 
restrict accordingly the activities of the Contracting Parties 
under paragraph 1 of Article 18.
  That the United States Government understands that paragraph 
4 of Article 18 of the treaty permits, and that United States 
adherence to Protocol II will not prevent, collaboration by the 
United States with Contracting Parties for the purpose of 
carrying out explosions of nuclear devices for peaceful 
purposes in a manner consistent with a policy of not 
contributing to the proliferation of nuclear weapons 
capabilities. In this connection, the United States Government 
notes Article V of the Treaty on the Non-Proliferation of 
Nuclear Weapons, under which it joined in an undertaking to 
take appropriate measures to ensure that potential benefits of 
peaceful applications of nuclear explosions would be made 
available to non-nuclear-weapon states party to that treaty, 
and reaffirms its willingness to extend such undertaking, on 
the same basis, to states precluded by the present treaty from 
manufacturing or acquiring any nuclear explosive device.

                                  III

  That the United States Government also declares that, 
although not required by Protocol II, it will act with respect 
to such territories of Protocol I adherents as are within the 
geographical area defined in paragraph 2 of Article 4 of the 
treaty in the same manner as Protocol II requires it to act 
with respect to the territories of Contracting Parties.
  The President ratified Additional Protocol II on May 8, 1971, 
with the above-recited understandings and declarations, in 
pursuance of the advice and consent of the Senate.
  It is provided in Article 5 of Additional Protocol II that 
the Protocol shall enter into force, for the States which 
ratified it, on the date of the deposit of their respective 
instruments of ratification.
  The instrument of ratification of the United Kingdom of Great 
Britain and Northern Ireland was deposited on December 11, 1969 
with understandings and a declaration, and the instrument of 
ratification of the United States of America was deposited on 
May 12, 1971 with the above-recited understandings and 
declarations.
  In accordance with Article 5 of Additional Protocol II, the 
Protocol entered into force for the United States of America on 
May 12, 1971, subject to the above-recited understandings and 
declarations.
          * * * * * * *
                      c. Additional Protocol I \1\

Done at Mexico, February 14, 1967; Ratification advised by the Senate, 
  with understandings, November 13, 1981; Ratification of the United 
 States deposited with Mexico, with understandings, November 23, 1981; 
  Entered into force with respect to the United States, November 23, 
          1981; Proclaimed by the President, December 14, 1981

    The undersigned Plenipotentiaries, furnished with full 
powers by their respective Governments,
---------------------------------------------------------------------------
    \1\ 33 UST 1796; TIAS 10147; 634 UNTS 362. For a list of states 
that are parties to this Protocol, see Department of State publication, 
Treaties in Force.
    The Senate of the United States of America gave its advice and 
consent to the ratification of Additional Protocol I, with the 
following understandings:

    ``(1) That the provisions of the Treaty made applicable by this 
Additional Protocol do not affect the exclusive power and legal 
competence under international law of a State adhering to this Protocol 
to grant or deny transit and transport privileges to its own or any 
other vessels or aircraft irrespective of cargo or armaments.
    ``(2) That the provisions of the Treaty made applicable by this 
Additional Protocol do not affect rights under international law of a 
State adhering to this Protocol regarding the exercise of the freedom 
of the seas, of regarding passage through or over waters subject to the 
sovereignty of a State.
    ``(3) That the understandings and declarations attached by the 
United States to its ratification of Additional Protocol II apply also 
to its ratification of Additional Protocol I.''.

    Convinced that the Treaty for the Prohibition of Nuclear 
Weapons in Latin America,\2\ negotiated and signed in 
accordance with the recommendations of the General Assembly of 
the United Nations in Resolution 1911 (XVIII) of 27 November 
1963, represents an important step towards ensuring the non-
proliferation of nuclear weapons.
---------------------------------------------------------------------------
    \2\ The United States is not a party to the Treaty for the 
Prohibition of Nuclear Weapons in Latin America (the Treaty of 
Tlatelolco) but has ratified Additional Protocols I and II to such 
Treaty.

    Aware that the non-proliferation of nuclear weapons is not 
an end in itself but, rather, a means of achieving general and 
---------------------------------------------------------------------------
complete disarmament at a later stage, and

    Desiring to contribute, so far as lies in their power, 
towards ending the armaments race, especially in the field of 
nuclear weapons, and towards strengthening a world at peace, 
based on mutual respect and sovereign equality of States,

    Have agreed as follows:

    Article 1. To undertake to apply the statute of 
denuclearization in respect of warlike purposes as defined in 
articles 1, 3, 5 and 13 of the Treaty for the Prohibition of 
Nuclear Weapons in Latin America in territories for which, de 
jure or de facto, they are internationally responsible and 
which lie within the limits of the geographical zone 
established in that Treaty.

    Article 2. The duration of this Protocol shall be the same 
as that of the Treaty for the Prohibition of Nuclear Weapons in 
Latin America of which this Protocol is an annex, and the 
provisions regarding ratification and denunciation contained in 
the Treaty shall be applicable to it.

    Article 3. This Protocol shall enter into force, for the 
States which have ratified it, on the date of the deposit of 
their respective instruments of ratification.

    In witness whereof the undersigned Plenipotentiaries, 
having deposited their full powers, found in good and due form, 
sign this Protocol on behalf of their respective Governments.
          12. U.S.-U.S.S.R. Bilateral Arms Control Agreements

a. Agreement on Measures To Reduce the Risk of Outbreak of Nuclear War 
Between the United States of America and the Union of Soviet Socialist 
                             Republics \1\

Signed at Washington, September 30, 1971; Entered into force, September 
                                30, 1971

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties:
---------------------------------------------------------------------------
    \1\ 22 UST 1590; TIAS 7186; 807 UNTS 57.

  Taking into account the devastating consequences that nuclear 
war would have for all mankind, and recognizing the need to 
exert every effort to avert the risk of outbreak of such a war, 
including measures to guard against accidental or unauthorized 
---------------------------------------------------------------------------
use of nuclear weapons,

  Believing that agreement on measures for reducing the risk of 
outbreak of nuclear war serves the interests of strengthening 
international peace and security, and is in no way contrary to 
the interests of any other country,

  Bearing in mind that continued efforts are also needed in the 
future to seek ways of reducing the risk of outbreak of nuclear 
war,

  Have agreed as follows:

                               Article 1

  Each Party undertakes to maintain and to improve, as it deems 
necessary, its existing organizational and technical 
arrangements to guard against the accidental or unauthorized 
use of nuclear weapons under its control.

                               Article 2

  The Parties undertake to notify each other immediately in the 
event of an accidental, unauthorized or any other unexplained 
incident involving a possible detonation of a nuclear weapon 
which could create a risk of outbreak of nuclear war. In the 
event of such an incident, the Party whose nuclear weapon in 
involved will immediately make every effort to take necessary 
measures to render harmless or destroy such weapon without its 
causing damage.

                               Article 3

  The Parties undertake to notify each other immediately in the 
event of detection by missile warning systems of unidentified 
objects, or in the event of signs of interference with these 
systems or with related communications facilities, if such 
occurrences could create a risk of outbreak of nuclear war 
between the two countries.

                               Article 4

  Each Party undertakes to notify the other Party in advance of 
any planned missile launches if such launches will extend 
beyond it national territory in the direction of the other 
Party.

                               Article 5

  Each Party, in other situations involving unexplained nuclear 
incidents, undertakes to act in such a manner as to reduce the 
possibility of its actions being misinterpreted by the other 
Party. In any such situation, each Party may inform the other 
Party or request information when, in its view, this is 
warranted by the interests of averting the risk of outbreak of 
nuclear war.

                               Article 6

  For transmission of urgent information, notifications and 
requests for information in situations requiring prompt 
clarification, the Parties shall make primary use of the Direct 
Communications Link between the Governments of the United 
States of America and the Union of Soviet Socialist Republics.
  For transmission of other information, notifications and 
requests for information, the Parties, at their own discretion, 
may use any communications facilities, including diplomatic 
channels, depending on the degree of urgency.

                               Article 7

  The Parties undertake to hold consultations, as mutually 
agreed, to consider questions relating to implementation of the 
provisions of this Agreement, as well as to discuss possible 
amendments thereto aimed at further implementation of the 
purposes of this Agreement.

                               Article 8

  This Agreement shall be of unlimited duration.

                               Article 9

  This Agreement shall enter into force upon signature.

  Done at Washington on September 30, 1971, in two copies, each 
in the English and Russian languages, both texts being equally 
authentic.
  b. Agreement Between the United States of America and the Union of 
    Soviet Socialist Republics on the Prevention of Nuclear War \1\

Agreement signed at Washington, June 22, 1973; Entered into force, June 
                                22, 1973

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,
---------------------------------------------------------------------------
    \1\ 24 UST 1478; TIAS 7654.

  Guided by the objectives of strengthening world peace and 
---------------------------------------------------------------------------
international security,

  Conscious that nuclear war would have devastating 
consequences for mankind,

  Proceeding from the desire to bring about conditions in which 
the danger of an outbreak of nuclear war anywhere in the world 
would be reduced and ultimately eliminated,

  Proceeding from their obligations under the charter of the 
United Nations regarding the maintenance of peace, refraining 
from the threat or use of force, and the avoidance of war, and 
in conformity with the agreements to which either Party has 
subscribed,

  Proceeding from the Basic Principles of Relations between the 
United States of America and the Union of Soviet Socialist 
Republics signed in Moscow on May 29, 1972,\2\
---------------------------------------------------------------------------
    \2\ Department of State Bulletin, June 26, 1972, p. 898.

  Reaffirming that the development of relations between the 
United States of America and the Union of Soviet Socialist 
Republics is not directed against other countries and their 
---------------------------------------------------------------------------
interests,

  Have agreed as follows:

                               Article I

  The United States and the Soviet Union agree that an 
objective of their policies is to remove the danger of nuclear 
war and of the use of nuclear weapons.
  Accordingly, the Parties agree that they will act in such a 
manner as to prevent the development of situations capable of 
causing a dangerous exacerbation of their relations, as to 
avoid military confrontations, and as to exclude the outbreak 
of nuclear war between them and between either of the Parties 
and other countries.

                               Article II

  The Parties agree, in accordance with Article I and to 
realize the objective stated in that Article, to proceed from 
the premise that each Party will refrain from the threat or use 
of force against the other Party, against the allies of the 
other Party and against other countries, in circumstances which 
may endanger international peace and security. The Parties 
agree that they will be guided by these considerations in the 
formulation of their foreign policies and in their actions in 
the field of international relations.

                              Article III

  The Parties undertake to develop their relations with each 
other and with other countries in a way consistent with the 
purposes of this Agreement.

                               Article IV

  If at any time relations between the Parties or between 
either Party and other countries appear to involve the risk of 
a nuclear conflict, or if relations between countries not 
parties to this Agreement appear to involve the risk of nuclear 
war between the United States of America and the Union of 
Soviet Socialist Republics or between either Party and other 
countries, the United States and the Soviet Union, acting in 
accordance with the provisions of this Agreement, shall 
immediately enter into urgent consultations with each other and 
make every effort to avert this risk.

                               Article V

  Each Party shall be free to inform the Security Council of 
the United Nations, the Secretary General of the United Nations 
and the Governments of allied or other countries of the 
progress and outcome of consultations initiated in accordance 
with Article IV of this Agreement.

                               Article VI

  Nothing in this Agreement shall affect or impair:
  (a) the inherent right of individual or collective self-
defense as envisaged by Article 51 of the Charter of the United 
Nations.\3\
---------------------------------------------------------------------------
    \3\ TS 993; 59 Stat. 1044.
---------------------------------------------------------------------------
  (b) the provisions of the Charter of the United Nations, 
including those relating to the maintenance or restoration of 
international peace and security, and
  (c) the obligations undertaken by either Party towards its 
allies or other countries in treaties, agreements, and other 
appropriate documents.

                              Article VII

  This Agreement shall be of unlimited duration.

                              Article VIII

  This Agreement shall enter into force upon signature.

  Done at Washington on June 22, 1973, in two copies, each in 
the English and Russian languages, both texts being equally 
authentic.
  c. Agreement Between the United States of America and the Union of 
    Soviet Socialist Republics on the Establishment of Nuclear Risk 
               Reduction Centers with Protocols I and II

Agreement signed at Washington, September 15, 1987; Entered into force, 
                           September 15, 1987

    The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

  Affirming their desire to reduce and ultimately eliminate the 
risk of outbreak of nuclear war, in particular, as a result of 
misinterpretation, miscalculation, or accident,

  Believing that a nuclear war cannot be won and must never be 
fought,

  Believing that agreement on measures for reducing the risk of 
outbreak of nuclear war serves the interests of strengthening 
international peace and security,

  Reaffirming their obligations under the Agreement on Measures 
to Reduce the Risk of Outbreak of Nuclear War between the 
United States of America and the Union of Soviet Socialist 
Republics on September 30, 1971,\1\ and the Agreement between 
the Government of the United States of America and the 
Government of the Union of Soviet Socialist Republics on the 
Prevention of Incidents on and over the High Seas of May 25, 
1972,\2\
---------------------------------------------------------------------------
    \1\ 22 UST 1590; TIAS 7186.
    \2\ 23 UST 1168; TIAS 7379.

  Have agreed as follows:

                               Article 1

    Each party shall establish, in its capital, a national 
Nuclear Risk Reduction Center that shall operate on behalf of 
and under the control of its respective Government.

                               Article 2

    The Parties shall use the Nuclear Risk Reduction Centers to 
transmit notifications identified in Protocol I which 
constitutes an integral part of this Agreement.
    In the future, the list of notifications transmitted 
through the Centers may be altered by agreement between the 
Parties, as relevant new agreements are reached.

                               Article 3

    The Parties shall establish a special facsimile 
communications link between their national Nuclear Risk 
Reduction Centers in accordance with Protocol II which 
constitutes an integral part of this Agreement.

                               Article 4

    The Parties shall staff their national Nuclear Risk 
Reduction Centers as they deem appropriate, so as to ensure 
their normal functioning.

                               Article 5

    The Parties shall hold regular meetings between 
representatives of the Nuclear Risk Reduction Centers at least 
once each year to consider matters related to the functioning 
of such Centers.

                               Article 6

    This Agreement shall not affect the obligations of either 
Party under other agreements.

                               Article 7

    This Agreement shall enter into force on the date of its 
signature.
    The duration of this Agreement shall not be limited.
    This Agreement may be terminated by either Party upon 12 
months written notice to the other Party.

    Done at Washington on September 15, 1987,\3\ in two copies, 
each in the English and Russian languages, both texts being 
equally authentic.
---------------------------------------------------------------------------
    \3\ Department of State Bulletin, November, 1987, p. 34.

    For the United States of America
                                           George P. Shultz

    For the Union of Soviet Socialist Republics
                                     Eduard A. Shevardnadze
                              ----------                              


 Protocol I to the Agreement Between the United States of America and 
the Union of Soviet Socialist Republics on the Establishment of Nuclear 
                         Risk Reduction Centers

    Pursuant to the provisions and in implementation of the 
Agreement between the United States of America and the Union of 
Soviet Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers, the Parties have agreed as follows:

                               Article 1

    The Parties shall transmit the following types of 
notifications through the Nuclear Risk Reduction Centers:
          (a) notification of ballistic missile launches under 
        Article 4 of the Agreement on Measures to Reduce the 
        Risk of Outbreak of Nuclear War between the United 
        States of America and the Union of Soviet Socialist 
        Republics of September 30, 1971;
          (b) notifications of ballistic missile launches under 
        paragraph 1 of Article VI of the Agreement between the 
        Government of the United States of America and the 
        Government of the Union of Soviet Socialist Republics 
        on the Prevention of Incidents on and over the High 
        Seas of May 25, 1972.

                               Article 2

    The scope and format of the information to be transmitted 
through the Nuclear Risk Reduction Centers shall be agreed 
upon.

                               Article 3

    Each Party also may, at its own discretion as a display of 
good will and with a view to building confidence, transmit 
through the Nuclear Risk Reduction Centers communications other 
than those provided for under Article 1 of this Protocol.

                               Article 4

    Unless the Parties agree otherwise, all communications 
transmitted through and communications procedures of the 
Nuclear Risk Reduction Centers' communication link will be 
confidential.

                               Article 5

    This Protocol shall enter into force on the date of its 
signature and shall remain in force as long as the Agreement 
between the United States of America and the Union of Soviet 
Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers of September 15, 1987, remains in force.


    Done at Washington on September 15, 1987, in two copies, 
each in the English and Russian languages, both texts being 
equally authentic.

    For the United States of America
                                           George P. Shultz

    For the Union of Soviet Socialist Republics
                                     Eduard A. Shevardnadze
                              ----------                              


 Protocol II to the Agreement between the United States of America and 
the Union of Soviet Socialist Republics on the Establishment of Nuclear 
                         Risk Reduction Centers

    Pursuant to the provisions and in implementation of the 
Agreement between the United States of America and the Union of 
Soviet Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers, the Parties have agreed as follows:

                               Article 1

    To establish and maintain for the purpose of providing 
direct facsimile communications between their national Nuclear 
Risk Reduction Centers, established in accordance with Article 
1 of this Agreement, hereinafter referred to as the national 
Centers, an INTELSAT satellite circuit and a STATSIONAR 
satellite circuit, each with a secure orderwire communications 
capability for operational monitoring. In this regard:
          (a) There shall be terminals equipped for 
        communication between the national Centers:
          (b) Each Party shall provide communications circuits 
        capable of simultaneously transmitting and receiving 
        4800 bits per second;
          (c) Communication shall begin with test operation of 
        the INTELSAT satellite circuit, as soon as purchase, 
        delivery, and installation of the necessary equipment 
        by the Parties are completed. Thereafter, taking into 
        account the results of test operations, the Parties 
        shall agree on the transition to a fully operational 
        status;
          (d) To the extent practicable, test operation of the 
        STATSIONAR satellite circuit shall begin simultaneously 
        with test operation of the INTELSAT satellite circuit. 
        Taking into account the results of test operations, the 
        Parties shall agree on the transition to a fully 
        operational status.

                               Article 2

    To employ agreed-upon information security devices to 
assure secure transmission of facsimile messages. In this 
regard:
          (a) The information security devices shall consist of 
        microprocessors that will combine the digital message 
        output with buffered random data read from standard 
        5\1/4\ inch floppy disks;
          (b) Each Party shall provide, through its Embassy, 
        necessary keying material to the other.

                               Article 3

    To establish and maintain at each operating end of the two 
circuits, facsimile terminals of the same make and model. In 
this regard:
          (a) Each Party shall be responsible for the purchase, 
        installation, operation, and maintenance of its own 
        terminals, the related information security devices, 
        and local transmission circuits appropriate to the 
        implementation of the Protocol;
          (b) A Group III facsimile unit which meets CCITT 
        Recommendations T.4 and T.30 and operates at 4800 bits 
        per second shall be used;
          (c) Direct facsimile messages from the USSR national 
        Center the U.S. national Center shall be transmitted 
        and received in the Russian language, and from the U.S. 
        national Center to the USSR national Center in the 
        English language;
          (d) Transmission and operating procedures shall be in 
        conformity with procedures employed on the Direct 
        Communications Link and adapted as necessary for the 
        purpose of communications between the national Centers.

                               Article 4

    To establish and maintain a secure orderwire communications 
capability necessary to coordinate facsimile operation. In this 
regard:
          (a) The orderwire terminals used with the information 
        security devices described in paragraph (a) of Article 
        2 shall incorporate standard USSR Cyrillic and United 
        States Latin keyboards and cathode ray tube displays to 
        permit the exchange of messages between operators. The 
        specific layout of the Cyrillic keyboard shall be as 
        specified by the Soviet side;
          (b) To coordinate the work of operators, the 
        orderwire shall be configured so as to permit, prior to 
        the transmission and reception of messages, the 
        exchange of all information pertinent to the 
        coordination of such messages;
          (c) Orderwire messages concerning transmissions shall 
        be encoded using the same information security devices 
        specified in paragraph (a) of Article 2;
          (d) The orderwire shall use the same modem and 
        communications link as used for facsimile message 
        transmission;
          (e) A printer shall be included to provide a record 
        copy of all information exchanged on the orderwire.

                               Article 5

    To use the same type of equipment and the same maintenance 
procedures as currently in use for the Direct Communications 
Link for the establishment of direct facsimile communications 
between the national Centers. The equipment, security devices, 
and spare parts necessary for telecommunications links and the 
orderwire shall be provided by the United States side to the 
Soviet side in return for payment of costs thereof by the 
Soviet side.

                               Article 6

    To ensure the exchange of information necessary for the 
operation and maintenance of the telecommunication system and 
equipment configuration.

                               Article 7

    To take all possible measures to assure the continuous, 
secure, and reliable operation of the equipment and 
communications link, including the orderwire, for which each 
Party is responsible in accordance with this Protocol.

                               Article 8

    To determine, by mutual agreement between technical experts 
of the Parties, the distribution and calculation of expenses 
for putting into operation the communication link, its 
maintenance and further development.

                               Article 9

    To convene meetings of technical experts of the Parties in 
order to consider initially questions pertaining to the 
practical implementation of the activities provided for in this 
Protocol and, thereafter, by mutual agreement and as necessary 
for the purpose of improving telecommunications and information 
technology in order to achieve the mutually agreed functions of 
the national Centers.

                               Article 10

    This Protocol shall enter into force on the date of its 
signature and shall remain in force as long as the Agreement 
between the United States of America and the Union of Soviet 
Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers of September 15, 1987, remains in force.

    Done at Washington on September 15, 1987, in two copies, 
each in the English and Russian languages, both texts being 
equally authentic.

    For the United States of America
                                           George P. Shultz

    For the Union of Soviet Socialist Republics
                                     Eduard A. Shevardnadze
  d. Agreement Between the United States of America and the Union of 
      Soviet Socialist Republics on Notifications of Launches of 
 Intercontinental Ballistic Missiles and Submarine-Launched Ballistic 
                                Missiles

 Agreement signed at Moscow, May 31, 1988; Entered into force, May 31, 
                                  1988

  The United States of America and the Union of Soviet 
Socialist Republics, hereinafter referred to as the Parties,

  Affirming their desire to reduce and ultimately eliminate the 
risk of outbreak of nuclear war, in particular, as a result of 
misinterpretation, miscalculation, or accident,

  Believing that a nuclear war cannot be won and must never be 
fought,

  Believing that agreement on measures for reducing the risk of 
outbreak of nuclear war serves the interests of strengthening 
international peace and security,

  Reaffirming their obligations under the Agreement on Measures 
to Reduce the Risk of Outbreak of Nuclear War between the 
United States of America and the Union of Soviet Socialist 
Republics of September 30, 1971, the Agreement between the 
Government of the United States of America and the Government 
of the Union of Soviet Socialist Republics on the Prevention of 
Incidents on and over the High Seas of May 25, 1972, and the 
Agreement between the United States of America and the Union of 
Soviet Socialist Republics on the Establishment of Nuclear Risk 
Reduction Centers of September 15, 1987,

  Have agreed as follows:

                               Article I

    Each Party shall provide the other Party notification, 
through the Nuclear Risk Reduction Centers of the United States 
of America and the Union of Soviet Socialist Republics, no less 
than twenty-four hours in advance, of the planned date, launch 
area, and area of impact for any launch of a strategic 
ballistic missile: an intercontinental ballistic missile 
(hereinafter ``ICBM'') or a submarine-launched ballistic 
missile (hereinafter ``SLBM'').

                               Article II

    A notification of a planned launch of an ICBM or an SLBM 
shall be valid for four days counting from the launch date 
indicated in such a notification. In case of postponement of 
the launch date within the indicated four days, or cancellation 
of the launch, no notification thereof shall be required.

                              Article III

    1. For launches of ICBMs or SLBMs from land, the 
notification shall indicate the area from which the launch is 
planned to take place.
    2. For launches of SLBMs from submarines, the notification 
shall indicate the general area from which the missile will be 
launched. Such notification shall indicate either the quadrant 
within the ocean (that is, the ninety-degree sector 
encompassing approximately one-fourth of the area of the ocean) 
or the body of water (for example, sea or bay) from which the 
launch is planned to take place.
    3. For all launches of ICBMs or SLBMs, the notification 
shall indicate the geographic coordinates of the planned impact 
area or areas of the reentry vehicles. Such an area shall be 
specified either by indicating the geographic coordinates of 
the boundary points of the area, or by indicating the 
geographic coordinates of the center of a circle with a radius 
specified in kilometers or nautical miles. The size of the 
impact area shall be determined by the notifying Party at its 
discretion.

                               Article IV

    The Parties undertake to hold consultations, as mutually 
agreed, to consider questions relating to implementation of the 
provisions of this Agreement, as well as to discuss possible 
amendments thereto aimed at furthering the implementation of 
the objectives of this Agreement. Amendments shall enter into 
force in accordance with procedures to be agreed upon.

                               Article V

    This Agreement shall not affect the obligations of either 
Party under other agreements.

                               Article VI

    This Agreement shall enter into force on the date of its 
signature.
    The duration of this Agreement shall not be limited.
    This Agreement may be terminated by either Party upon 12 
months written notice to the other Party.

    Done at Moscow on May 31, 1988, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

    For the United States of America:
                                           George P. Shultz

    For the Union of Soviet Socialist Republics:
                                     Eduard A. Shevardnadze
           13. U.S.-Russia Bilateral Arms Control Agreements

   a. Agreement Between the United States of America and the Russian 
 Federation Concerning the Safe and Secure Transportation, Storage and 
   Destruction of Weapons and the Prevention of Weapons Proliferation

Agreement signed at Washington, June 17, 1992; Extended by the Protocol 
 of June 15/16, 1999; Further extended by the Protocol of June 16, 2006

    The United States of America and the Russian Federation, 
hereinafter referred to as the Parties,

  Desiring to facilitate the safe and secure transportation and 
storage of nuclear, chemical, and other weapons in the Russian 
Federation in connection with their destruction,

  Intending to build upon the framework for cooperation set 
forth in the Agreement Between the Government of the United 
States of America and the Government of the Russian Federation 
Regarding Cooperation to Facilitate the Provision of Assistance 
of April 4, 1992,

  Have agreed as follows:

                               ARTICLE I

    The Parties shall cooperate in order to assist the Russian 
Federation in achieving the following objectives:
          a. the destruction of nuclear, chemical, and other 
        weapons;
          b. the safe and secure transportation and storage of 
        such weapons in connection with their destruction; and
          c. the establishment of additional verifiable 
        measures against the proliferation of such weapons that 
        pose a risk of proliferation.

                               ARTICLE II

    1. The Parties, through their Executive Agents, shall enter 
into implementing agreements as appropriate to accomplish the 
objectives set forth in Article I of this Agreement. The 
implementing agreements shall include, inter alia:
          a. a description of the activities to be undertaken;
          b. provisions concerning the sequence of activities;
          c. provisions concerning access to material, training 
        or services provided at sites of their use, if 
        possible, for monitoring and inspection; and
          d. other provisions as appropriate.
    2. In case of any inconsistency between this Agreement and 
any implementing agreements, the provisions of this Agreement 
shall prevail.

                              ARTICLE III

    Each Party shall designate an Executive Agent to implement 
this Agreement. For the United States of America, the Executive 
Agent shall be the Department of Defense. For the Russian 
Federation, with respect to nuclear weapons, the Executive 
Agent shall be the Ministry of Atomic Energy.

                               ARTICLE IV

    Except as otherwise provided in this Agreement or in an 
implementing agreement, the terms of this Agreement shall apply 
to all material, training, or services provided in accordance 
with this Agreement or implementing agreements, and to all 
related activities and personnel.

                               ARTICLE V

    1. The Russian Federation shall facilitate the entry and 
exit of employees of the Government of the United States of 
America and contractor personnel of the United States of 
America into and out of the territory of the Russian Federation 
for the purpose of carrying out activities in accordance with 
this Agreement.
    2. Aircraft and vessels, other than regularly scheduled 
commercial aircraft and vessels, used by the United States of 
America in connection with activities pursuant to this 
Agreement in the Russian Federation shall, in accordance with 
international law, be free of customs inspections, customs 
charges, landing fees, navigation charges, port charges, tolls, 
and any other charges by the Russian Federation or any of its 
instrumentalities.
    3. If an aircraft other than a regularly scheduled 
commercial aircraft is used by the United States of America for 
transportation to the Russian Federation, its flight plan shall 
be filed in accordance with the procedures of the International 
Civil Aviation Organization applicable to civil aircraft, 
including in the remarks section of the flight plan 
confirmation that the appropriate clearance has been obtained. 
The Russian Federation shall provide parking, security 
protection, servicing, and fuel for aircraft of the United 
States of America.

                               ARTICLE VI

    Unless the written consent of the United States of America 
has first been obtained, the Russian Federation shall not 
transfer title to, or possession of, any material, training or 
services provided pursuant to this Agreement to any entity, 
other than an officer, employee or agent of a Party to this 
Agreement and shall not permit the use of such material, 
training or services for purposes other than those for which it 
has been furnished.

                              ARTICLE VII

    1. The Russian Federation shall, in respect of legal 
proceedings and claims, other than contractual claims, hold 
harmless and bring no legal proceedings against the United 
States of America and personnel, contractors, and contractors' 
personnel of the United States of America, for damage to 
property owned by the Russian Federation, or death or injury to 
any personnel of the Russian Federation, arising out of 
activities pursuant to this Agreement.
    2. Claims by third parties, arising out of the acts or 
omissions of any employees of the United States of America or 
contractors or contractors' personnel of the United States of 
America done in the performance of official duty, shall be the 
responsibility of the Russian Federation.
    3. The provisions of the Article shall not prevent the 
Parties from providing compensation in accordance with their 
national laws.
    4. The Parties may consult, as appropriate, on claims and 
proceedings under this Article.
    5. Nothing in this Article shall be construed to prevent 
legal proceedings or claims against nationals of the Russian 
Federation or permanent residents of the Russian Federation.

                              ARTICLE VIII

    The activities of the United States of America under this 
Agreement are subject to availability of appropriated funds.

                               ARTICLE IX

    Employees of the Government of the United States of America 
present in the territory of the Russian Federation for 
activities related to this Agreement shall be accorded 
privileges and immunities equivalent to that accorded 
administrative and technical staff personnel in accordance with 
the Vienna Convention on Diplomatic Relations of April 18, 
1961.

                               ARTICLE X

    1. The United States of America, its personnel, 
contractors, and contractors' personnel shall note be liable to 
pay any tax or similar charge by the Russian Federation or any 
of its instrumentalities on activities undertaken in accordance 
with this Agreement.
    2. The United States of America, its personnel, 
contractors, and contractors' personnel may import into, and 
export out of, the Russian Federation any equipment, supplies, 
material or services required to implement this Agreement. Such 
importation and exportation of articles or services shall not 
be subject to any licenses, other restrictions, customs, 
duties, taxes or any other charges or inspections by the 
Russian Federation or any of its instrumentalities.

                               ARTICLE XI

    In the event that a Party awards contracts for the 
acquisition of articles and services, including construction, 
to implement this Agreement, such contracts shall be awarded in 
accordance with the laws and regulations of that Party. 
Acquisition of articles and services in the Russian Federation 
by or on behalf of the United States of America in implementing 
this Agreement shall not be subject to any taxes, customs, 
duties or similar charges by the Russian Federation or its 
instrumentalities.

                              ARTICLE XII

    The Russian Federation shall take all reasonable measures 
within its power to ensure the security of material, training 
or services provided pursuant to this Agreement and shall 
protect them against seizure or conversion.

                              ARTICLE XIII

    Upon request, representatives of the Government of the 
United States of America shall have the right to examine the 
use of any material, training or other services provided in 
accordance with this Agreement, if possible at sites of their 
location or use, and shall have the right to inspect any and 
all related records or documentation during the period of this 
Agreement and for three years thereafter. These inspections 
shall be carried out in accordance with procedures to be agreed 
upon by the Parties.

                              ARTICLE XIV

    This Agreement shall enter into force upon signature and 
shall remain in force for seven years. This Agreement may be 
amended or extended by the written agreement of the Parties and 
may be terminated by either Party upon ninety days written 
notification to the other Party of its intention to do so. 
Notwithstanding the termination of this Agreement or the 
implementing agreements, the obligations of the Russian 
Federation in accordance with Articles VI, VII, IX, X, XII of 
this Agreement shall continue to apply without respect to time, 
unless otherwise agreed in writing by the Parties.

    Done at Washington this 17th day of June 1992, in two 
copies, each in the English and Russian languages, both texts 
being equally authentic.
   b. Treaty Between the United States and the Russian Federation on 
                     Strategic Offensive Reductions

Done at Moscow, May 24, 2002; Ratification advised by the Senate, March 
               6, 2003; Entered into force, June 1, 2003

    The United States of America and the Russian Federation, 
hereinafter referred to as the Parties,

  Embarking upon the path of new relations for a new century 
and committed to the goal of strengthening their relationship 
through cooperation and friendship,

  Believing that new global challenges and threats require the 
building of a qualitatively new foundation for strategic 
relations between the Parties,

  Desiring to establish a genuine partnership based on the 
principles of mutual security, cooperation, trust, openness, 
and predictability,

  Committed to implementing significant reductions in strategic 
offensive arms,

  Proceeding from the Joint Statements by the President of the 
United States of America and the President of the Russian 
Federation on Strategic Issues of July 22, 2001 in Genoa and on 
a New Relationship between the United States and Russia of 
November 13, 2001 in Washington,

  Mindful of their obligations under the Treaty Between the 
United States of America and the Union of Soviet Socialists 
Republics on the Reduction and Limitation of Strategic 
Offensive Arms of July 31, 1991, hereinafter referred to as the 
START Treaty,

  Mindful of their obligations under Article VI of the Treaty 
on the Non-Proliferation of Nuclear Weapons of July 1, 1968, 
and

  Convinced that this Treaty will help to establish more 
favorable conditions for actively promoting security and 
cooperation, and enhancing international stability,

  Have agreed as follows:

                               Article I

    Each Party shall reduce and limit strategic nuclear 
warheads, as stated by the President of the United States of 
America on November 13, 2001 and as stated by the President of 
the Russian Federation on November 13, 2001 and December 13, 
2001 respectively, so that by December 31, 2012 the aggregate 
number of such warheads does not exceed 1700-2200 for each 
Party. Each Party shall determine for itself the composition 
and structure of its strategic offensive arms, based on the 
established aggregate limit for the number of such warheads.

                               Article II

    The Parties agree that the START Treaty remains in force in 
accordance with its terms.

                              Article III

    For purposes of implementing this Treaty, the Parties shall 
hold meetings at least twice a year of a Bilateral 
Implementation Commission.

                               Article IV

    1. This Treaty shall be subject to ratification in 
accordance with the constitutional procedures of each Party. 
This Treaty shall enter into force on the date of the exchange 
of instruments of ratification.
    2. This Treaty shall remain in force until December 31, 
2012 and may be extended by agreement of the Parties or 
superseded earlier by a subsequent agreement.
    3. Each Party, in exercising its national sovereignty, may 
withdraw from this Treaty upon three months written notice to 
the other Party.

                               Article V

    This Treaty shall be registered pursuant to Article 102 of 
the Charter of the United Nations.

    Done at Moscow on May 24, 2002, in two copies, each in the 
English and Russian languages, both texts being equally 
authentic.

    FOR THE UNITED STATES OF AMERICA
                                             George W. Bush

    FOR THE RUSSIAN FEDERATION
                                          Vladimir V. Putin
 14. Convention on Prohibitions or Restrictions on the Use of Certain 
Conventional Weapons Which May be Deemed to be Excessively Injurious or 
             to Have Indiscriminate Effects with Protocol I

  Convention adopted at Geneva, October 10, 1980; Entered into force, 
 December 2, 1983; Ratification advised by the Senate, March 24, 1995; 
      Entered into force for the United States, September 24, 1995

    The High Contracting Parties,

  Recalling that every State has the duty, in conformity with 
the Charter of the United Nations, to refrain in its 
international relations from the threat or use of force against 
the sovereignty, territorial integrity or political 
independence of any State, or in any other manner inconsistent 
with the purposes of the United Nations,

  Further recalling the general principle of the protection of 
the civilian population against the effects of hostilities,

  Basing themselves on the principle of international law that 
the right of the parties to an armed conflict to choose methods 
or means of warfare is not unlimited, and on the principle that 
prohibits the employment in armed conflicts of weapons, 
projectiles and material and methods of warfare of a nature to 
cause superfluous injury or unnecessary suffering,

  Also recalling that it is prohibited to employ methods or 
means of warfare which are intended, or may be expected, to 
cause widespread, long-term and severe damage to the natural 
environment,

  Confirming their determination that in cases not covered by 
this Convention and its annexed Protocols or by other 
international agreements, the civilian population and the 
combatants shall at all times remain under the protection and 
authority of the principles of international law derived from 
established custom, from the principles of humanity and from 
the dictates of public conscience,

  Desiring to contribute to international detente, the ending 
of the arms race and the building of confidence among States, 
and hence to the realization of the aspiration of all peoples 
to live in peace,

  Recognizing the importance of pursuing every effort which may 
contribute to progress towards general and complete disarmament 
under strict and effective international control,

  Reaffirming the need to continue the codification and 
progressive development of the rules of international law 
applicable in armed conflict,

  Wishing to prohibit or restrict further the use of certain 
conventional weapons and believing that the positive results 
achieved in this area may facilitate the main talks on 
disarmament with a view to putting an end to the production, 
stockpiling and proliferation of such weapons,

  Emphasizing the desirability that all States become parties 
to this Convention and its annexed Protocols, especially the 
militarily significant States,

  Bearing in mind that the General Assembly of the United 
Nations and the United Nations Disarmament Commission may 
decide to examine the question of a possible broadening of the 
scope of the prohibitions and restrictions contained in this 
Convention and its annexed Protocols,

  Further bearing in mind that the Committee on Disarmament may 
decide to consider the question of adopting further measures to 
prohibit or restrict the use of certain conventional weapons,

  Have agreed as follows:

                               Article 1

                          Scope of application

    This Convention and its annexed Protocols shall apply in 
the situations referred to in Article 2 common to the Geneva 
Conventions of 12 August 1949 for the Protection of War 
Victims, including any situation described in paragraph 4 of 
Article 1 of Additional Protocol 1 to these Conventions.

                               Article 2

             Relations with other international agreements

    Nothing in this Convention or its annexed Protocols shall 
be interpreted as detracting from other obligations imposed 
upon the High Contracting Parties by international humanitarian 
law applicable in armed conflict.

                               Article 3

                               Signature

    This Convention shall be open for signature by all States 
at United Nations Headquarters in New York for a period of 
twelve months from 10 April 1981.

                               Article 4

            Ratification, acceptance, approval or accession

    1. This Convention is subject to ratification, acceptance 
or approval by the Signatories. Any State which has not signed 
this Convention may accede to it.
    2. The instruments of ratification, acceptance, approval or 
accession shall be deposited with the Depositary.
    3. Expressions of consent to be bound by any of the 
Protocols annexed to this Convention shall be optional for each 
State, provided that at the time of the deposit of its 
instrument of ratification, acceptance or approval of this 
Convention or of accession thereto, that State shall notify the 
Depositary of its consent to be bound by any two or more of 
these Protocols.
    4. At any time after the deposit of its instrument of 
ratification, acceptance or approval of this Convention or of 
accession thereto, a State may notify the Depositary of its 
consent to be bound by any annexed Protocol by which it is not 
already bound.
    5. Any Protocol by which a High Contracting Party is bound 
shall for that Party form an integral part of this Convention.

                               Article 5

                            Entry into force

    1. This Convention shall enter into force six months after 
the date of deposit of the twentieth instrument of 
ratification, acceptance, approval or accession.
    2. For any State which deposits its instrument of 
ratification, acceptance, approval or accession after the date 
of the deposit of the twentieth instrument of ratification, 
acceptance, approval or accession, this Convention shall enter 
into force six months after the date on which that State has 
deposited its instrument of ratification, acceptance, approval 
or accession.
    3. Each of the Protocols annexed to this Convention shall 
enter into force six months after the date by which twenty 
States have notified their consent to be bound by it in 
accordance with paragraph 3 or 4 of Article 4 of this 
Convention.
    4. For any State which notifies its consent to be bound by 
a Protocol annexed to this Convention after the date by which 
twenty States have notified their consent to be bound by it, 
the Protocol shall enter into force six months after the date 
on which that State has notified its consent so to be bound.

                               Article 6

                             Dissemination

    The High Contracting Parties undertake, in time of peace as 
in time of armed conflict, to disseminate this Convention and 
those of its annexed Protocols by which they are bound as 
widely as possible in their respective countries and, in 
particular, to include the study thereof in their programmes of 
military instruction, so that those instruments may become 
known to their armed forces.

                               Article 7

       Treaty relations upon entry into force of this Convention

    1. When one of the parties to a conflict is not bound by an 
annexed Protocol, the parties bound by this Convention and that 
annexed Protocol shall remain bound by them in their mutual 
relations.
    2. Any High Contracting Party shall be bound by this 
Convention and any Protocol annexed thereto which is in force 
for it, in any situation contemplated by Article 1, in relation 
to any State which is not a party to this Convention or bound 
by the relevant annexed Protocol, if the latter accepts and 
applies this Convention or the relevant Protocol, and so 
notifies the Depositary.
    3. The Depositary shall immediately inform the High 
Contracting Parties concerned of any notification received 
under paragraph 2 of this Article.
    4. This Convention, and the annexed Protocols by which a 
High Contracting Party is bound, shall apply with respect to an 
armed conflict against that High Contracting Party of the type 
referred to in Article 1, paragraph 4, of Additional Protocol 1 
to the Geneva Convention of 12 August 1949 for the Protection 
of War Victims:
          (a) Where the High Contracting Party is also a party 
        to Additional Protocol 1 and an authority referred to 
        in Article 96, paragraph 3, of that Protocol has under-
        taken to apply the Geneva Conventions and Additional 
        Protocol 1 in accordance with Article 96, paragraph 3, 
        of the said Protocol, and undertakes to apply this 
        Convention and the relevant annexed Protocols in 
        relation to that conflict; or
          (b) Where the High Contracting Party is not a party 
        to Additional Protocol 1 and an authority of the type 
        referred to in subparagraph (a) above accepts and 
        applies the obligations of the Geneva Conventions and 
        of this Convention and the relevant annexed Protocols 
        in relation to that conflict. Such an acceptance and 
        application shall have in relation to that conflict the 
        following effects:
                  (i) The Geneva Conventions and this 
                Convention and its relevant annexed Protocols 
                are brought into force for the parties to the 
                conflict with immediate effect;
                  (ii) The said authority assumes the same 
                rights and obligations as those which have been 
                assumed by a High Contracting Party to the 
                Geneva Conventions, this Convention and its 
                relevant annexed Protocols; and
                  (iii) The Geneva Conventions, this Convention 
                and its relevant annexed Protocols are equally 
                binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree to 
accept and apply the obligations of Additional Protocol 1 to 
the Geneva Conventions on a reciprocal basis.

                               Article 8

                         Review and amendments

    1. (a) At any time after the entry into force of this 
Convention any High Contracting Party may propose amendments to 
this Convention or any annexed Protocol by which it is bound.. 
Any proposal for an amendment shall be communicated to the 
Depositary, who shall notify it to all the High Contracting 
Parties and shall seek their views on whether a conference 
should be convened to consider the proposal. If a majority, 
that shall not be less than eighteen of the High Contracting 
Parties so agree, he shall promptly convene a conference to 
which all High Contracting Parties shall be invited. States not 
parties to this Convention shall be invited to the conference 
as observers.
    (b) Such a conference may agree upon amendments which shall 
be adopted and shall enter into force in the same manner as 
this Convention and the annexed Protocols, provided that 
amendments to this Convention may be adopted only by the High 
Contracting Parties and that amendments to a specific annexed 
Protocol may be adopted only by the High Contracting Parties 
which are bound by that Protocol.
    2. (a) At any time after the entry into force of this 
Convention any High Contracting Party may propose additional 
protocols relating to other categories of conventional weapons 
not covered by the existing annexed protocols. Any such 
proposal for an additional protocol shall be communicated to 
the Depositary, who shall notify it to all the High Contracting 
Parties in accordance with subparagraph 1 (a) of this Article. 
If a majority, that shall not be less than eighteen of the High 
Contracting Parties so agree, the Depositary shall promptly 
convene a conference to which all States shall be invited.
    (b) Such a conference may agree, with the full 
participation of all States represented at the conference, upon 
additional protocols which shall be adopted in the same manner 
as this Convention, shall be annexed thereto and shall enter 
into force as provided in paragraphs 3 and 4 of Article 5 of 
this Convention.
    3. (a) If, after a period of ten years following the entry 
into force of this Convention, no conference has been convened 
in accordance with subparagraph 1 (a) or 2 (a) of this Article, 
any High Contracting Party may request the Depositary to 
convene a conference to which all High Contracting Parties 
shall be invited to review the scope and operation of this 
Convention and the Protocols annexed thereto and to consider 
any proposal for amendments of this Convention or of the 
existing Protocols. States not parties to this Convention shall 
be invited as observers to the conference. The conference may 
agree upon amendments which shall be adopted and enter into 
force in accordance with subparagraph 1 (b) above.
    (b) At such conference consideration may also be given to 
any proposal for additional protocols relating to other 
categories of conventional weapons not covered by the existing 
annexed Protocols. Ali States represented at the conference may 
participate fully in such consideration. Any additional 
protocols shall be adopted in the same manner as this 
Convention, shall be annexed thereto and shall enter into force 
as provided in paragraphs 3 and 4 of Article 5 of this 
Convention.
    (c) Such a conference may consider whether provision should 
be made for the convening of a further conference at the 
request of any High Contracting Party if, after a similar 
period to that referred to in subparagraph 3 (a) of this 
Article, no conference has been convened in accordance with 
subparagraph 1 (a) or 2 (a) of this Article.

                               Article 9

                              Denunciation

    1. Any High Contracting Party may denounce this Convention 
or any of its annexed Protocols by so notifying the Depositary.
    2. Any such denunciation shall only take effect one year 
after receipt by the Depositary of the notification of 
denunciation. If, however, on the expiry of that year the 
denouncing High Contracting Party is engaged in one of the 
situations referred to in Article 1, the Party shall continue 
to be bound by the obligations of this Convention and of the 
relevant annexed Protocols until the end of the armed conflict 
or occupation and, in any case, until the termination of 
operations connected with the final release, repatriation or 
re-establishment of the persons protected by the rules of 
international law applicable in armed conflict, and in the case 
of any annexed Protocol containing provisions concerning 
situations in which peace-keeping, observation or similar 
functions are performed by United Nations forces or missions in 
the area concerned, until the termination of those functions.
    3. Any denunciation of this Convention shall be considered 
as also applying to all annexed Protocols by which the 
denouncing High Contracting Party is bound.
    4. Any denunciation shall have effect only in respect of 
the denouncing High Contracting Party.
    5. Any denunciation shall not affect the obligations 
already incurred, by reason of an armed conflict, under this 
Convention and its annexed Protocols by such denouncing High 
Contracting Party in respect of any act committed before this 
denunciation becomes effective.

                               Article 10

                               Depositary

    1. The Secretary-General of the United Nations shall be the 
Depositary of this Convention and of its annexed Protocols.
    2. In addition to his usual functions, the Depositary shall 
inform all States of:
          (a) Signatures affixed to this Convention under 
        Article 3;
          (b) Deposits of instruments of ratification, 
        acceptance or approval of or accession to this 
        Convention deposited under Article 4;
          (c) Notifications of consent to be bound by annexed 
        Protocols under Article 4;
          (d) The dates of entry into force of this Convention 
        and of each of its annexed Protocols under Article 5; 
        and
          (e) Notifications of denunciation received under 
        Article 9 and their effective date.

                               Article 11

                            Authentic texts

    The original of this Convention with the annexed Protocols, 
of which the Arabic, Chinese, English, French, Russian and 
Spanish texts are equally authentic, shall be deposited with 
the Depositary, who shall transmit certified true copies 
thereof to all States.

         Protocol on Non-Detectable Fragments (Protocol I) \1\

    Protocol adopted at Geneva October 10, 1980; Entered into force 
 December 2, 1983; Ratification advised by the Senate March 24, 1995; 
      Entered into force for the United States September 24, 1995

    It is prohibited to use any weapon the primary effect of 
which is to injure by fragments which in the human body escape 
detection by X-rays.
---------------------------------------------------------------------------
    \1\ 1342 UNTS 168.
---------------------------------------------------------------------------
=======================================================================


   G. WAR POWERS, COLLECTIVE SECURITY TREATIES, AND RELATED MATERIAL

                                CONTENTS

                                                                   Page

1. Latin America.................................................   533
    a. Inter-American Treaty of Reciprocal Assistance (Rio 
        Treaty)..................................................   533
    b. Charter of the Organization of American States as amended 
        by the Protocols of Amendment (with reservations)........   539
    c. Act of Bogota.............................................   569
    d. Charter of Punta del Este.................................   576
    e. Panama Canal Treaties and Related Material................   590
        (1) Panama Canal: Permanent Neutrality and Operation.....   590
        (2) Panama Canal Treaty..................................   600
            (A) Panama Canal Treaty: Implementation of Article 
                III..............................................   621
            (B) Panama Canal Treaty: Implementation of Article IV   662
        (3) Documents Associated with the Panama Canal Treaties..   694
2. North Atlantic................................................   713
    a. North Atlantic Treaty.....................................   713
    b. Protocol to the North Atlantic Treaty on the Accession of 
        Greece and Turkey........................................   717
    c. Protocol to the North Atlantic Treaty on the Accession of 
        the Federal Republic of Germany..........................   719
    d. Protocol to the North Atlantic Treaty on the Accession of 
        Spain....................................................   721
    e. Protocol to the North Atlantic Treaty on the Accession of 
        the Czech Republic.......................................   722
    f. Protocol to the North Atlantic Treaty on the Accession of 
        Hungary..................................................   723
    g. Protocol to the North Atlantic Treaty on the Accession of 
        Poland...................................................   724
    h. Protocol to the North Atlantic Treaty on the Accession of 
        Bulgaria.................................................   725
    i. Protocol to the North Atlantic Treaty on the Accession of 
        Estonia..................................................   726
    j. Protocol to the North Atlantic Treaty on the Accession of 
        Latvia...................................................   727
    k. Protocol to the North Atlantic Treaty on the Accession of 
        Lithuania................................................   728
    l. Protocol to the North Atlantic Treaty on the Accession of 
        Romania..................................................   729
    m. Protocol to the North Atlantic Treaty on the Accession of 
        the Slovak Republic......................................   730
    n. Protocol to the North Atlantic Treaty on the Accession of 
        Slovenia.................................................   731
    o. Treaty on the Final Settlement With Respect to Germany and 
        Its Related Agreed Minute................................   732
3. Security Treaty Between Australia, New Zealand, and the United 
    States of America (ANZUS Pact)...............................   737
4. Asia..........................................................   740
    a. Mutual Defense Treaty Between the United States of America 
        and the Republic of the Philippines......................   740
    b. Mutual Defense Treaty Between the United States of America 
        and the Republic of Korea................................   742
    c. Southeast Asia Collective Defense Treaty with 
        Understanding and Protocol (SEATO).......................   744
    d. Treaty of Mutual Cooperation and Security Between the 
        United States of America and Japan, With Agreed Minute 
        and Exchange of Notes....................................   748
5. Agreement Between the United States of America and the 
    Multinational Force and Observers............................   754

=======================================================================

      
                            1. Latin America

   a. Inter-American Treaty of Reciprocal Assistance (Rio Treaty) \1\

Opened for signature at Rio de Janeiro, September 2, 1947; Ratification 
  advised by the Senate, December 8, 1947; Ratified by the President, 
December 12, 1947; Ratification of the United States deposited with the 
Pan American Union, December 30, 1947; Entered into force, December 3, 
          1948; Proclaimed by the President, December 9, 1948

             Inter-American Treaty of Reciprocal Assistance

  In the name of their Peoples, the Governments represented at 
the Inter-American Conference for the Maintenance of 
Continental Peace and Security, desirous of consolidating and 
strengthening their relations of friendship and good 
neighborliness, and
---------------------------------------------------------------------------
    \1\ 62 Stat. 1681; TIAS 1838; 4 Bevans 559; 21 UNTS 77. For a list 
of states which are parties to the Treaty, see Department of State 
publication, Treaties in Force.
    A Protocol of Amendment to this Treaty was signed at San Jose, 
Costa Rica, July 26, 1975, and ratified by the United States on April 
17, 1978. It was never ratified, however, by the necessary two-thirds 
of the member states.

---------------------------------------------------------------------------
    Considering:

    That Resolution VIII of the Inter-American Conference on 
Problems of War and Peace, which met in Mexico City, 
recommended the conclusion of a treaty to prevent and repel 
threats and acts of aggression against any of the countries of 
America;

    That the High Contracting Parties reiterate their will to 
remain united in an inter-American system consistent with the 
purposes and principles of the United Nations, and reaffirm the 
existence of the agreement which they have concluded concerning 
those matters relating to the maintenance of international 
peace and security which are appropriate for regional action;

    That the High Contracting Parties reaffirm their adherence 
to the principles of inter-American solidarity and cooperation, 
and especially to those set forth in the preamble and 
declarations of the Act of Chapultepec, all of which should be 
understood to be accepted as standards of their mutual 
relations and as the juridical basis of the Inter-American 
System;

    That the American States propose, in order to improve the 
procedures for the pacific settlement of their controversies, 
to conclude the treaty concerning the ``Inter-American Peace 
System'' envisaged in Resolutions IX and XXXIX of the Inter-
American Conference on Problems of War and Peace.

    That the obligation of mutual assistance and common defense 
of the American Republics is essentially related to their 
democratic ideals and to their will to cooperate permanently in 
the fulfillment of the principles and purposes of a policy of 
peace;

    That the American regional community affirms as a manifest 
trust that juridical organization is a necessary prerequisite 
of security and peace, and that peace is founded on justice and 
moral order and, consequently, on the international recognition 
and protection of human rights and freedoms, on the 
indispensable well-being of the people, and on the 
effectiveness of democracy for the international realization of 
justice and security;

    Have resolved, in conformity with the objectives stated 
above, to conclude the following Treaty, in order to assure 
peace, through adequate means, to provide for effective 
reciprocal assistance to meet armed attacks against any 
American State, and in order to deal with threats of aggression 
against any of them:

                               Article 1

    The High Contracting Parties formally condemn war and 
undertake in their international relations not to resort to the 
threat or the use of force in any manner inconsistent with the 
provisions of the Charter of the United Nations or of this 
Treaty.

                               Article 2

    As a consequence of the principle set forth in the 
preceding Article, the High Contracting Parties undertake to 
submit every controversy which may arise between them to 
methods of peaceful settlement and to endeavor to settle any 
such controversy among themselves by means of the procedures in 
force in the Inter-American System before referring it to the 
General Assembly or the Security Council of the United Nations.

                               Article 3

    1. The High Contracting Parties agree that an armed attack 
by any State against an American State shall be considered as 
an attack against all the American States and, consequently, 
each one of the said Contracting Parties undertakes to assist 
in meeting the attack in the exercise of the inherent right of 
individual or collective self-defense recognized by Article 51 
of the Charter of the United Nations.
    2. On the request of the State or States directly attacked 
and until the decision of the Organ of Consultation of the 
Inter-American System, each one of the Contracting Parties may 
determine the immediate measures which it may individually take 
in fulfillment of the obligation contained in the preceding 
paragraph and in accordance with the principle of continental 
solidarity. The Organ of Consultation shall meet without delay 
for the purpose of examining those measures and agreeing upon 
the measures of a collective character that should be taken.
    3. The provisions of this Article shall be applied in case 
of any armed attack which takes place within the region 
described in Article 4 or within the territory of an American 
State. When the attack takes place outside of the said areas, 
the provisions of Article 6 shall be applied.
    4. Measures of self-defense provided for under this Article 
may be taken until the Security Council of the United Nations 
has taken the measures necessary to maintain international 
peace and security.

                               Article 4

  The region to which this Treaty refers is bounded as follows: 
beginning at the North Pole; thence due south to a point 74 
degrees north latitude, 10 degrees west longitude; thence by a 
rhumb line to a point 47 degrees 30 minutes north latitude, 50 
degrees west longitude; thence by a rhumb line to a point 35 
degrees north latitude, 60 degrees west longitude; thence due 
south to a point 20 degrees north latitude; thence by a rhumb 
line to a point 5 degrees north latitude, 24 degrees west 
longitude; thence due south to the South Pole; thence due north 
to a point 30 degrees south latitude, 90 degrees west 
longitude; thence by a rhumb line to a point on the Equator at 
97 degrees west longitude; thence by a rhumb line to a point 15 
degrees north latitude, 120 degrees west longitude; thence by a 
rhumb line to a point 50 degrees north latitude, 170 degrees 
east longitude; thence due north to a point in 54 degrees north 
latitude; thence by a rhumb line to a point 65 degrees 30 
minutes north latitude, 168 degrees 58 minutes 5 seconds west 
longitude; thence due north to the North Pole.

                               Article 5

  The High Contracting Parties shall immediately send to the 
Security Council of the United Nations, in conformity with 
Articles 51 and 54 of the Charter of the United Nations, 
complete information concerning the activities undertaken or in 
contemplation in the exercise of the right of self-defense or 
for the purpose of maintaining inter-American peace and 
security.

                               Article 6

  If the inviolability or the integrity of the territory or the 
sovereignty or political independence of any American State 
should be affected by an aggression which is not an armed 
attack or by an extra-continental or intra-continental 
conflict, or by any other fact or situation that might endanger 
the peace of America, the Organ of Consultation shall meet 
immediately in order to agree on the measures which must be 
taken in case of aggression to assist the victim of the 
aggression or, in any case, the measures which should be taken 
for the common defense and for the maintenance of the peace and 
security of the Continent.

                               Article 7

  In the case of a conflict between two or more American 
States, without prejudice to the right of self-defense in 
conformity with Article 51 of the Charter of the United 
Nations, the High Contracting Parties, meeting in consultation 
shall call upon the contending States to suspend hostilities 
and restore matters to the status quo ante bellum, and shall 
take in addition all other necessary measures to reestablish or 
maintain inter-American peace and security and for the solution 
of the conflict by peaceful means. The rejection of the 
pacifying action will be considered in the determination of the 
aggressor and in the application of the measures which the 
consultative meetings may agree upon.

                               Article 8

  For the purposes of this Treaty, the measures on which the 
Organ of Consultation may agree will comprise one or more of 
the following: recall of chiefs of diplomatic missions; 
breaking of diplomatic relation; breaking of consular 
relations; partial or complete interruption of economic 
relations or of rail, sea, air, postal, telegraphic, 
telephonic, and radiotelephonic or radiotelegraphic 
communications; and use of armed force.

                               Article 9

  In addition to other acts which the Organ of Consultation may 
characterize an aggression, the following shall be considered 
as such:

  a. Unprovoked armed attack by a State against the territory, 
the people, or the land, sea or air forces of another State;
  b. Invasion, by the armed forces of a State, of the territory 
of an American State, through the trespassing of boundaries 
demarcated in accordance with a treaty, judicial decision, or 
arbitral award, or, in the absence of frontiers thus 
demarcated, invasion affecting a region which is under the 
effective jurisdiction of another State.

                               Article 10

  None of the provisions of this Treaty shall be construed as 
impairing the rights and obligations of the High Contracting 
Parties under the Charter of the United Nations.

                               Article 11

  The consultations to which this Treaty refers shall be 
carried out by means of the Meetings of Ministers of Foreign 
Affairs of the American Republics which have ratified the 
Treaty, or in the manner or by the organ which in the future 
may be agreed upon.

                               Article 12

  The Governing Board of the Pan American Union may act 
provisionally as an organ of consultation until the meeting of 
the Organ of Consultation referred to in the preceding Article 
takes place.

                               Article 13

  The consultations shall be initiated at the request addressed 
to the Governing Board of the Pan American Union by any of the 
Signatory States which has ratified the Treaty.

                               Article 14

  In the voting referred to in this Treaty only the 
representatives of the Signatory States which have ratified the 
Treaty may take part.

                               Article 15

  The Governing Board of the Pan American Union shall act in 
all matters concerning this Treaty as an organ of liaison among 
the Signatory States which have ratified this Treaty and 
between these States and the United Nations.

                               Article 16

  The decisions of the Governing Board of the Pan American 
Union referred to in Articles 13 and 15 above shall be taken by 
an absolute majority of the Members entitled to vote.

                               Article 17

  The Organ of Consultation shall take its decisions by a vote 
of two-thirds of the Signatory States which have ratified the 
Treaty.

                               Article 18

  In the case of a situation or dispute between American 
States, the parties directly interested shall be excluded from 
the voting referred to in two preceding Articles.

                               Article 19

  To constitute a quorum in all the meetings referred to in the 
previous Articles, it shall be necessary that the number of 
States represented shall be at least equal to the number of 
votes necessary for the taking of the decision.

                               Article 20

  Decisions which require the application of the measures 
specified in Article 8 shall be binding upon all the Signatory 
States which have ratified this Treaty, with the sole exception 
that no State shall be required to use armed force without its 
consent.

                               Article 21

  The measures agreed upon by the Organ of Consultation shall 
be executed through the procedures and agencies now existing or 
those which may in the future be established.

                               Article 22

  This Treaty shall come into effect between the States which 
ratify it as soon as the ratification of two-thirds of the 
Signatory States have been deposited.

                               Article 23

  This Treaty is open for signature by the American States at 
the city of Rio de Janeiro, and shall be ratified by the 
Signatory States as soon as possible in accordance with their 
respective constitutional processes. The ratifications shall be 
deposited with the Pan American Union, which shall notify the 
Signatory States of each deposit. Such notification shall be 
considered as an exchange of ratifications.

                               Article 24

  The present Treaty shall be registered with the Secretariat 
of the United Nations through the Pan American Union, when two-
thirds of the Signatory States have deposited their 
ratifications.

                               Article 25

  This Treaty shall remain in force indefinitely, but may be 
denounced by any High Contracting Party by a notification in 
writing to the Pan American Union, which shall reform all the 
other High Contracting Parties of each notification of 
denunciation received. After the expiration of two years from 
the date of the receipt by the Pan American Union of a 
notification of denunciation by any High Contracting Party, the 
present Treaty shall cease to be in force and with respect to 
such State, but shall remain in full force and effect with 
respect to all the other High Contracting Parties.

                               Article 26

  The principles and fundamental provisions of this Treaty 
shall be incorporated in the Organic Pact of the Inter-American 
System.

    In witness thereof, the undersigned Plenipotentiaries, 
having deposited their full powers found to be in due and 
proper form, sign this Treaty on behalf of their respective 
Governments, on the dates appearing opposite their signatures.

    Done in the city of Rio de Janeiro, in four texts 
respectively in the English, French, Portuguese and Spanish 
languages, on the second of September nineteen hundred forty-
seven.
                              ----------                              


                        Reservation of Honduras:

    The Delegation of Honduras, in signing the present Treaty 
and in connection with Article 9, section (b), does so with the 
reservation that the boundary between Honduras and Nicaragua is 
definitely demarcated by the Joint Boundary Commission of 
nineteen hundred and nineteen hundred and one, starting from a 
point in the Gulf of Fonseca, in the Pacific Ocean, to Portillo 
de Teotecacinte and, from this point to the Atlantic, by the 
line that His Majesty the King of Spain's arbitral award 
established on the twenty third of December of nineteen hundred 
and six.
  b. Charter of the Organization of American States \1\ as amended by 
            Protocols of Amendment \2\ (with reservations) 

 Charter signed at Bogota, April 30, 1948; Ratification advised by the 
Senate, with a reservation, August 28, 1950; Ratified by the President, 
subject to said reservation, June 15, 1951; Ratification of the United 
 States deposited with the Pan American Union, June 19, 1951; Entered 
 into force, December 13, 1951; Proclaimed by the President, December 
                                27, 1951

    In the name of their Peoples, the States represented at the 
Ninth International Conference of American States,
---------------------------------------------------------------------------
    \1\ 2 UST 2394; TIAS 2361; 119 UNTS 3.
    \2\ The OAS Charter has been amended through four Protocols: 
``Protocol of Buenos Aires'', signed on February 27, 1967, at the Third 
Special Inter-American Conference (21 UST 607; TIAS 6847); ``Protocol 
of Cartagena de Indias'', approved on December 5, 1985, at the 
Fourteenth Special Session of the General Assembly; ``Protocol of 
Washington'', approved on December 14, 1992, at the Sixteenth Special 
Session of the General Assembly, and the ``Protocol of Managua'', 
adopted on June 10, 1993, at the Nineteenth Special Session of the 
General Assembly. The ``Protocol of Cartagena de Indias'' did not enter 
into force for the United States.

  Convinced that the historic mission of America is to offer to 
man a land of liberty and a favorable environment for the 
development of his personality and the realization of his just 
---------------------------------------------------------------------------
aspirations;

  Conscious that that mission has already inspired numerous 
agreements, whose essential value lies in the desire of the 
American peoples to live together in peace and, through their 
mutual understanding and respect for the sovereignty of each 
one, to provide for the betterment of all, in independence, in 
equality and under law;

  Convinced that representative democracy is an indispensable 
condition for the stability, peace and development of the 
region;

  Confident that the true significance of American solidarity 
and good neighborliness can only mean the consolidation on this 
continent, within the framework of democratic institutions, of 
a system of individual liberty and social justice based on 
respect for the essential rights of man;

  Persuaded that their welfare and their contribution to the 
progress and the civilization of the world will increasingly 
require intensive continental cooperation;

  Resolved to persevere in the noble undertaking that humanity 
has conferred upon the United Nations, whose principles and 
purposes they solemnly reaffirm;

  Convinced that juridical organization is a necessary 
condition for security and peace founded on moral order and on 
justice; and

  In accordance with Resolution IX of the Inter-American 
Conference on Problems of War and Peace, held in Mexico City,

  Have agreed upon the following:

                                part one

                     Chapter I. Nature and Purposes

                               article 1

    The American States establish by this Charter the 
international organization that they have developed to achieve 
an order of peace and justice, to promote their solidarity, to 
strengthen their collaboration, and to defend their 
sovereignty, their territorial integrity, and their 
independence. Within the United Nations, the Organization of 
American States is a regional agency.
    The Organization of American States has no powers other 
than those expressly conferred upon it by this Charter, none of 
whose provisions authorizes it to intervene in matters that are 
within the internal jurisdiction of the Member States.

                               article 2

    The Organization of American States, in order to put into 
practice the principles on which it is founded and to fulfill 
its regional obligations under the Charter of the United 
Nations, proclaims the following essential purposes:
          (a) To strengthen the peace and security of the 
        continent;
          (b) To promote and consolidate representative 
        democracy, with due respect for the principle of 
        nonintervention;
          (c) To prevent possible causes of difficulties and to 
        ensure the pacific settlement of disputes that may 
        arise among the Member States;
          (d) To provide for common action on the part of those 
        States in the event of aggression;
          (e) To seek the solution of political, juridical, and 
        economic problems that may arise among them;
          (f) To promote, by cooperative action, their 
        economic, social, and cultural development;
          (g) To eradicate extreme poverty, which constitutes 
        an obstacle to the full democratic development of the 
        peoples of the hemisphere; and
          (h) To achieve an effective limitation of 
        conventional weapons that will make it possible to 
        devote the largest amount of resources to the economic 
        and social development of the Member States.

                         Chapter II. Principles

                               article 3

    The American States reaffirm the following principles:
          (a) International law is the standard of conduct of 
        States in their reciprocal relations;
          (b) International order consists essentially of 
        respect for the personality, sovereignty, and 
        independence of States, and the faithful fulfillment of 
        obligations derived from treaties and other sources of 
        international law;
          (c) Good faith shall govern the relations between 
        States;
          (d) The solidarity of the American States and the 
        high aims which are sought through it require the 
        political organization of those States on the basis of 
        the effective exercise of representative democracy;
          (e) Every State has the right to choose, without 
        external interference, its political, economic, and 
        social system and to organize itself in the way best 
        suited to it, and has the duty to abstain from 
        intervening in the affairs of another State. Subject to 
        the foregoing, the American States shall cooperate 
        fully among themselves, independently of the nature of 
        their political, economic, and social systems;
          (f) The elimination of extreme poverty is an 
        essential part of the promotion and consolidation of 
        representative democracy and is the common and shared 
        responsibility of the American States;
          (g) The American States condemn war of aggression: 
        victory does not give rights;
          (h) An act of aggression against one American State 
        is an act of aggression against all the other American 
        States;
          (i) Controversies of an international character 
        arising between two or more American States shall be 
        settled by peaceful procedures;
          (j) Social justice and social security are bases of 
        lasting peace;
          (k) Economic cooperation is essential to the common 
        welfare and prosperity of the peoples of the continent;
          (l) The American States proclaim the fundamental 
        rights of the individual without distinction as to 
        race, nationality, creed, or sex;
          (m) The spiritual unity of the continent is based on 
        respect for the cultural values of the American 
        countries and requires their close cooperation for the 
        high purposes of civilization;
          (n) The education of peoples should be directed 
        toward justice, freedom, and peace.

                          Chapter III. Members

                               article 4

    All American States that ratify the present Charter are 
Members of the Organization.

                               article 5

    Any new political entity that arises from the union of 
several Member States and that, as such, ratifies the present 
Charter, shall become a Member of the Organization. The entry 
of the new political entity into the Organization shall result 
in the loss of membership of each one of the States which 
constitute it.

                               article 6

     Any other independent American State that desires to 
become a Member of the Organization should so indicate by means 
of a note addressed to the Secretary General, in which it 
declares that it is willing to sign and ratify the Charter of 
the Organization and to accept all the obligations inherent in 
membership, especially those relating to collective security 
expressly set forth in Articles 28 and 29 of the Charter.

                               article 7

    The General Assembly, upon the recommendation of the 
Permanent Council of the Organization, shall determine whether 
it is appropriate that the Secretary General be authorized to 
permit the applicant State to sign the Charter and to accept 
the deposit of the corresponding instrument of ratification. 
Both the recommendation of the Permanent Council and the 
decision of the General Assembly shall require the affirmative 
vote of two thirds of the Member States.

                               article 8

    Membership in the Organization shall be confined to 
independent States of the Hemisphere that were Members of the 
United Nations as of December 10, 1985, and the nonautonomous 
territories mentioned in document OEA/Ser. P, AG/doc.1939/85, 
of November 5, 1985, when they become independent.

                               article 9

    A Member of the Organization whose democratically 
constituted government has been overthrown by force may be 
suspended from the exercise of the right to participate in the 
sessions of the General Assembly, the Meeting of Consultation, 
the Councils of the Organization and the Specialized 
Conferences as well as in the commissions, working groups and 
any other bodies established.
          (a) The power to suspend shall be exercised only when 
        such diplomatic initiatives undertaken by the 
        Organization for the purpose of promoting the 
        restoration of representative democracy in the affected 
        Member State have been unsuccessful;
          (b) The decision to suspend shall be adopted at a 
        special session of the General Assembly by an 
        affirmative vote of two-thirds of the Member States;
          (c) The suspension shall take effect immediately 
        following its approval by the General Assembly;
          (d) The suspension notwithstanding, the Organization 
        shall endeavor to undertake additional diplomatic 
        initiatives to contribute to the re-establishment of 
        representative democracy in the affected Member State;
          (e) The Member which has been subject to suspension 
        shall continue to fulfill its obligations to the 
        Organization;
          (f) The General Assembly may lift the suspension by a 
        decision adopted with the approval of two-thirds of the 
        Member States;
          (g) The powers referred to in this article shall be 
        exercised in accordance with this Charter.

          Chapter IV. Fundamental Rights and Duties of States

                               article 10

    States are juridically equal, enjoy equal rights and equal 
capacity to exercise these rights, and have equal duties. The 
rights of each State depend not upon its power to ensure the 
exercise thereof, but upon the mere fact of its existence as a 
person under international law.

                               article 11

    Every American State has the duty to respect the rights 
enjoyed by every other State in accordance with international 
law.

                               article 12

    The fundamental rights of States may not be impaired in any 
manner whatsoever.

                               article 13

    The political existence of the State is independent of 
recognition by other States. Even before being recognized, the 
State has the right to defend its integrity and independence, 
to provide for its preservation and prosperity, and 
consequently to organize itself as it sees fit, to legislate 
concerning its interests, to administer its services, and to 
determine the jurisdiction and competence of its courts. The 
exercise of these rights is limited only by the exercise of the 
rights of other States in accordance with international law.

                               article 14

    Recognition implies that the State granting it accepts the 
personality of the new State, with all the rights and duties 
that international law prescribes for the two States.

                               article 15

    The right of each State to protect itself and to live its 
own life does not authorize it to commit unjust acts against 
another State.

                               article 16

    The jurisdiction of States within the limits of their 
national territory is exercised equally over all the 
inhabitants, whether nationals or aliens.

                               article 17

    Each State has the right to develop its cultural, 
political, and economic life freely and naturally. In this free 
development, the State shall respect the rights of the 
individual and the principles of universal morality.

                               article 18

    Respect for and the faithful observance of treaties 
constitute standards for the development of peaceful relations 
among States. International treaties and agreements should be 
public.

                               article 19

    No State or group of States has the right to intervene, 
directly or indirectly, for any reason whatever, in the 
internal or external affairs of any other State. The foregoing 
principle prohibits not only armed force but also any other 
form of interference or attempted threat against the 
personality of the State or against its political, economic, 
and cultural elements.

                               article 20

    No State may use or encourage the use of coercive measures 
of an economic or political character in order to force the 
sovereign will of another State and obtain from it advantages 
of any kind.

                               article 21

    The territory of a State is inviolable; it may not be the 
object, even temporarily, of military occupation or of other 
measures of force taken by another State, directly or 
indirectly, on any grounds whatever. No territorial 
acquisitions or special advantages obtained either by force or 
by other means of coercion shall be recognized.

                               article 22

    The American States bind themselves in their international 
relations not to have recourse to the use of force, except in 
the case of self-defense in accordance with existing treaties 
or in fulfillment thereof.

                               article 23

    Measures adopted for the maintenance of peace and security 
in accordance with existing treaties do not constitute a 
violation of the principles set forth in Articles 19 and 21.

               Chapter V. Pacific Settlement of Disputes

                               article 24

    International disputes between Member States shall be 
submitted to the peaceful procedures set forth in this Charter.
    This provision shall not be interpreted as an impairment of 
the rights and obligations of the Member States under Articles 
34 and 35 of the Charter of the United Nations.

                               article 25

    The following are peaceful procedures: direct negotiation, 
good offices, mediation, investigation and conciliation, 
judicial settlement, arbitration, and those which the parties 
to the dispute may especially agree upon at any time.

                               article 26

    In the event that a dispute arises between two or more 
American States which, in the opinion of one of them, cannot be 
settled through the usual diplomatic channels, the parties 
shall agree on some other peaceful procedure that will enable 
them to reach a solution.

                               article 27

    A special treaty will establish adequate means for the 
settlement of disputes and will determine pertinent procedures 
for each peaceful means such that no dispute between American 
States may remain without definitive settlement within a 
reasonable period of time.

                    Chapter VI. Collective Security

                               article 28

    Every act of aggression by a State against the territorial 
integrity or the inviolability of the territory or against the 
sovereignty or political independence of an American State 
shall be considered an act of aggression against the other 
American States.

                               article 29

    If the inviolability or the integrity of the territory or 
the sovereignty or political independence of any American State 
should be affected by an armed attack or by an act of 
aggression that is not an armed attack, or by an 
extracontinental conflict, or by a conflict between two or more 
American States, or by any other fact or situation that might 
endanger the peace of America, the American States, in 
furtherance of the principles of continental solidarity or 
collective self-defense, shall apply the measures and 
procedures established in the special treaties on the subject.

                   Chapter VII. Integral Development

                               article 30

    The Member States, inspired by the principles of inter-
American solidarity and cooperation, pledge themselves to a 
united effort to ensure international social justice in their 
relations and integral development for their peoples, as 
conditions essential to peace and security. Integral 
development encompasses the economic, social, educational, 
cultural, scientific, and technological fields through which 
the goals that each country sets for accomplishing it should be 
achieved.

                               article 31

    Inter-American cooperation for integral development is the 
common and joint responsibility of the Member States, within 
the framework of the democratic principles and the institutions 
of the inter-American system. It should include the economic, 
social, educational, cultural, scientific, and technological 
fields, support the achievement of national objectives of the 
Member States, and respect the priorities established by each 
country in its development plans, without political ties or 
conditions.

                               article 32

    Inter-American cooperation for integral development should 
be continuous and preferably channeled through multilateral 
organizations, without prejudice to bilateral cooperation 
between Member States.
    The Member States shall contribute to inter-American 
cooperation for integral development in accordance with their 
resources and capabilities and in conformity with their laws.

                               article 33

    Development is a primary responsibility of each country and 
should constitute an integral and continuous process for the 
establishment of a more just economic and social order that 
will make possible and contribute to the fulfillment of the 
individual.

                               article 34

    The Member States agree that equality of opportunity, the 
elimination of extreme poverty, equitable distribution of 
wealth and income and the full participation of their peoples 
in decisions relating to their own development are, among 
others, basic objectives of integral development. To achieve 
them, they likewise agree to devote their utmost efforts to 
accomplishing the following basic goals:
          (a) Substantial and self-sustained increase of per 
        capita national product;
          (b) Equitable distribution of national income;
          (c) Adequate and equitable systems of taxation;
          (d) Modernization of rural life and reforms leading 
        to equitable and efficient land-tenure systems, 
        increased agricultural productivity, expanded use of 
        land, diversification of production and improved 
        processing and marketing systems for agricultural 
        products; and the strengthening and expansion of the 
        means to attain these ends;
          (e) Accelerated and diversified industrialization, 
        especially of capital and intermediate goods;
          (f) Stability of domestic price levels, compatible 
        with sustained economic development and the attainment 
        of social justice;
          (g) Fair wages, employment opportunities, and 
        acceptable working conditions for all;
          (h) Rapid eradication of illiteracy and expansion of 
        educational opportunities for all;
          (i) Protection of man's potential through the 
        extension and application of modern medical science;
          (j) Proper nutrition, especially through the 
        acceleration of national efforts to increase the 
        production and availability of food;
          (k) Adequate housing for all sectors of the 
        population;
          (l) Urban conditions that offer the opportunity for a 
        healthful, productive, and full life;
          (m) Promotion of private initiative and investment in 
        harmony with action in the public sector; and
          (n) Expansion and diversification of exports.

                               article 35

    The Member States should refrain from practicing policies 
and adopting actions or measures that have serious adverse 
effects on the development of other Member States.

                               article 36

    Transnational enterprises and foreign private investment 
shall be subject to the legislation of the host countries and 
to the jurisdiction of their competent courts and to the 
international treaties and agreements to which said countries 
are parties, and should conform to the development policies of 
the recipient countries.

                               article 37

    The Member States agree to join together in seeking a 
solution to urgent or critical problems that may arise whenever 
the economic development or stability of any Member State is 
seriously affected by conditions that cannot be remedied 
through the efforts of that State.

                               article 38

    The Member States shall extend among themselves the 
benefits of science and technology by encouraging the exchange 
and utilization of scientific and technical knowledge in 
accordance with existing treaties and national laws.

                               article 39

    The Member States, recognizing the close interdependence 
between foreign trade and economic and social development, 
should make individual and united efforts to bring about the 
following:
          (a) Favorable conditions of access to world markets 
        for the products of the developing countries of the 
        region, particularly through the reduction or 
        elimination, by importing countries, of tariff and 
        nontariff barriers that affect the exports of the 
        Member States of the Organization, except when such 
        barriers are applied in order to diversify the economic 
        structure, to speed up the development of the less-
        developed Member States, and intensify their process of 
        economic integration, or when they are related to 
        national security or to the needs of economic balance;
          (b) Continuity in their economic and social 
        development by means of:
                  i. Improved conditions for trade in basic 
                commodities through international agreements, 
                where appropriate; orderly marketing procedures 
                that avoid the disruption of markets, and other 
                measures designed to promote the expansion of 
                markets and to obtain dependable incomes for 
                producers, adequate and dependable supplies for 
                consumers, and stable prices that are both 
                remunerative to producers and fair to 
                consumers;
                  ii. Improved international financial 
                cooperation and the adoption of other means for 
                lessening the adverse impact of sharp 
                fluctuations in export earnings experienced by 
                the countries exporting basic commodities;
                  iii. Diversification of exports and expansion 
                of export opportunities for manufactured and 
                semimanufactured products from the developing 
                countries; and
                  iv. Conditions conducive to increasing the 
                real export earnings of the Member States, 
                particularly the developing countries of the 
                region, and to increasing their participation 
                in international trade.

                               article 40

    The Member States reaffirm the principle that when the more 
developed countries grant concessions in international trade 
agreements that lower or eliminate tariffs or other barriers to 
foreign trade so that they benefit the less-developed 
countries, they should not expect reciprocal concessions from 
those countries that are incompatible with their economic 
development, financial, and trade needs.

                               article 41

    The Member States, in order to accelerate their economic 
development, regional integration, and the expansion and 
improvement of the conditions of their commerce, shall promote 
improvement and coordination of transportation and 
communication in the developing countries and among the Member 
States.

                               article 42

    The Member States recognize that integration of the 
developing countries of the Hemisphere is one of the objectives 
of the inter-American system and, therefore, shall orient their 
efforts and take the necessary measures to accelerate the 
integration process, with a view to establishing a Latin 
American common market in the shortest possible time.

                               article 43

    In order to strengthen and accelerate integration in all 
its aspects, the Member States agree to give adequate priority 
to the preparation and carrying out of multinational projects 
and to their financing, as well as to encourage economic and 
financial institutions of the inter-American system to continue 
giving their broadest support to regional integration 
institutions and programs.

                               article 44

    The Member States agree that technical and financial 
cooperation that seeks to promote regional economic integration 
should be based on the principle of harmonious, balanced, and 
efficient development, with particular attention to the 
relatively less-developed countries, so that it may be a 
decisive factor that will enable them to promote, with their 
own efforts, the improved development of their infrastructure 
programs, new lines of production, and export diversification.

                               article 45

    The Member States, convinced that man can only achieve the 
full realization of his aspirations within a just social order, 
along with economic development and true peace, agree to 
dedicate every effort to the application of the following 
principles and mechanisms:
          (a) All human beings, without distinction as to race, 
        sex, nationality, creed, or social condition, have a 
        right to material well-being and to their spiritual 
        development, under circumstances of liberty, dignity, 
        equality of opportunity, and economic security;
          (b) Work is a right and a social duty, it gives 
        dignity to the one who performs it, and it should be 
        performed under conditions, including a system of fair 
        wages, that ensure life, health, and a decent standard 
        of living for the worker and his family, both during 
        his working years and in his old age, or when any 
        circumstance deprives him of the possibility of 
        working;
          (c) Employers and workers, both rural and urban, have 
        the right to associate themselves freely for the 
        defense and promotion of their interests, including the 
        right to collective bargaining and the workers' right 
        to strike, and recognition of the juridical personality 
        of associations and the protection of their freedom and 
        independence, all in accordance with applicable laws;
          (d) Fair and efficient systems and procedures for 
        consultation and collaboration among the sectors of 
        production, with due regard for safeguarding the 
        interests of the entire society;
          (e) The operation of systems of public 
        administration, banking and credit, enterprise, and 
        distribution and sales, in such a way, in harmony with 
        the private sector, as to meet the requirements and 
        interests of the community;
          (f) The incorporation and increasing participation of 
        the marginal sectors of the population, in both rural 
        and urban areas, in the economic, social, civic, 
        cultural, and political life of the nation, in order to 
        achieve the full integration of the national community, 
        acceleration of the process of social mobility, and the 
        consolidation of the democratic system. The 
        encouragement of all efforts of popular promotion and 
        cooperation that have as their purpose the development 
        and progress of the community;
          (g) Recognition of the importance of the contribution 
        of organizations such as labor unions, cooperatives, 
        and cultural, professional, business, neighborhood, and 
        community associations to the life of the society and 
        to the development process;
          (h) Development of an efficient social security 
        policy; and
          (i) Adequate provision for all persons to have due 
        legal aid in order to secure their rights.

                               article 46

    The Member States recognize that, in order to facilitate 
the process of Latin American regional integration, it is 
necessary to harmonize the social legislation of the developing 
countries, especially in the labor and social security fields, 
so that the rights of the workers shall be equally protected, 
and they agree to make the greatest efforts possible to achieve 
this goal.

                               article 47

    The Member States will give primary importance within their 
development plans to the encouragement of education, science, 
technology, and culture, oriented toward the overall 
improvement of the individual, and as a foundation for 
democracy, social justice, and progress.

                               article 48

    The Member States will cooperate with one another to meet 
their educational needs, to promote scientific research, and to 
encourage technological progress for their integral 
development. They will consider themselves individually and 
jointly bound to preserve and enrich the cultural heritage of 
the American peoples.

                               article 49

    The Member States will exert the greatest efforts, in 
accordance with their constitutional processes, to ensure the 
effective exercise of the right to education, on the following 
bases:
          (a) Elementary education, compulsory for children of 
        school age, shall also be offered to all others who can 
        benefit from it. When provided by the State it shall be 
        without charge;
          (b) Middle-level education shall be extended 
        progressively to as much of the population as possible, 
        with a view to social improvement. It shall be 
        diversified in such a way that it meets the development 
        needs of each country without prejudice to providing a 
        general education; and
          (c) Higher education shall be available to all, 
        provided that, in order to maintain its high level, the 
        corresponding regulatory or academic standards are met.

                               article 50

    The Member States will give special attention to the 
eradication of illiteracy, will strengthen adult and vocational 
education systems, and will ensure that the benefits of culture 
will be available to the entire population. They will promote 
the use of all information media to fulfill these aims.

                               article 51

    The Member States will develop science and technology 
through educational, research, and technological development 
activities and information and dissemination programs. They 
will stimulate activities in the field of technology for the 
purpose of adapting it to the needs of their integral 
development. They will organize their cooperation in these 
fields efficiently and will substantially increase exchange of 
knowledge, in accordance with national objectives and laws and 
with treaties in force.

                               article 52

    The Member States, with due respect for the individuality 
of each of them, agree to promote cultural exchange as an 
effective means of consolidating inter-American understanding; 
and they recognize that regional integration programs should be 
strengthened by close ties in the fields of education, science, 
and culture.

                                part two

                        Chapter VIII. The Organs

                               article 53

    The Organization of American States accomplishes its 
purposes by means of:
          (a) The General Assembly;
          (b) The Meeting of Consultation of Ministers of 
        Foreign Affairs;
          (c) The Councils;
          (d) The Inter-American Juridical Committee;
          (e) The Inter-American Commission on Human Rights;
          (f) The General Secretariat;
          (g) The Specialized Conferences; and
          (h) The Specialized Organizations.
    There may be established, in addition to those provided for 
in the Charter and in accordance with the provisions thereof, 
such subsidiary organs, agencies, and other entities as are 
considered necessary.

                    Chapter IX. The General Assembly

                               article 54

    The General Assembly is the supreme organ of the 
Organization of American States. It has as its principal 
powers, in addition to such others as are assigned to it by the 
Charter, the following:
          (a) To decide the general action and policy of the 
        Organization, determine the structure and functions of 
        its organs, and consider any matter relating to 
        friendly relations among the American States;
          (b) To establish measures for coordinating the 
        activities of the organs, agencies, and entities of the 
        Organization among themselves, and such activities with 
        those of the other institutions of the inter-American 
        system;
          (c) To strengthen and coordinate cooperation with the 
        United Nations and its specialized agencies;
          (d) To promote collaboration, especially in the 
        economic, social, and cultural fields, with other 
        international organizations whose purposes are similar 
        to those of the Organization of American States;
          (e) To approve the program-budget of the Organization 
        and determine the quotas of the Member States;
          (f) To consider the reports of the Meeting of 
        Consultation of Ministers of Foreign Affairs and the 
        observations and recommendations presented by the 
        Permanent Council with regard to the reports that 
        should be presented by the other organs and entities, 
        in accordance with the provisions of Article 91.f, as 
        well as the reports of any organ which may be required 
        by the General Assembly itself;
          (g) To adopt general standards to govern the 
        operations of the General Secretariat; and
          (h) To adopt its own rules of procedure and, by a 
        two-thirds vote, its agenda.
    The General Assembly shall exercise its powers in 
accordance with the provisions of the Charter and of other 
inter-American treaties.

                               article 55

    The General Assembly shall establish the bases for fixing 
the quota that each Government is to contribute to the 
maintenance of the Organization, taking into account the 
ability to pay of the respective countries and their 
determination to contribute in an equitable manner. Decisions 
on budgetary matters require the approval of two thirds of the 
Member States.

                               article 56

    All Member States have the right to be represented in the 
General Assembly. Each State has the right to one vote.

                               article 57

    The General Assembly shall convene annually during the 
period determined by the rules of procedure and at a place 
selected in accordance with the principle of rotation. At each 
regular session the date and place of the next regular session 
shall be determined, in accordance with the rules of procedure.
    If for any reason the General Assembly cannot be held at 
the place chosen, it shall meet at the General Secretariat, 
unless one of the Member States should make a timely offer of a 
site in its territory, in which case the Permanent Council of 
the Organization may agree that the General Assembly will meet 
in that place.

                               article 58

    In special circumstances and with the approval of two 
thirds of the Member States, the Permanent Council shall 
convoke a special session of the General Assembly.

                               article 59

    Decisions of the General Assembly shall be adopted by the 
affirmative vote of an absolute majority of the Member States, 
except in those cases that require a two-thirds vote as 
provided in the Charter or as may be provided by the General 
Assembly in its rules of procedure.

                               article 60

    There shall be a Preparatory Committee of the General 
Assembly, composed of representatives of all the Member States, 
which shall:
          (a) Prepare the draft agenda of each session of the 
        General Assembly;
          (b) Review the proposed program-budget and the draft 
        resolution on quotas, and present to the General 
        Assembly a report thereon containing the 
        recommendations it considers appropriate; and
          (c) Carry out such other functions as the General 
        Assembly may assign to it.
The draft agenda and the report shall, in due course, be 
transmitted to the Governments of the Member States.

 Chapter X. The Meeting of Consultation of Ministers of Foreign Affairs

                               article 61

    The Meeting of Consultation of Ministers of Foreign Affairs 
shall be held in order to consider problems of an urgent nature 
and of common interest to the American States, and to serve as 
the Organ of Consultation.

                               article 62

    Any Member State may request that a Meeting of Consultation 
be called. The request shall be addressed to the Permanent 
Council of the Organization, which shall decide by an absolute 
majority whether a meeting should be held.

                               article 63

    The agenda and regulations of the Meeting of Consultation 
shall be prepared by the Permanent Council of the Organization 
and submitted to the Member States for consideration.

                               article 64

    If, for exceptional reasons, a Minister of Foreign Affairs 
is unable to attend the meeting, he shall be represented by a 
special delegate.

                               article 65

    In case of an armed attack on the territory of an American 
State or within the region of security delimited by the treaty 
in force, the Chairman of the Permanent Council shall without 
delay call a meeting of the Council to decide on the 
convocation of the Meeting of Consultation, without prejudice 
to the provisions of the Inter-American Treaty of Reciprocal 
Assistance with regard to the States Parties to that 
instrument.

                               article 66

    An Advisory Defense Committee shall be established to 
advise the Organ of Consultation on problems of military 
cooperation that may arise in connection with the application 
of existing special treaties on collective security.

                               article 67

    The Advisory Defense Committee shall be composed of the 
highest military authorities of the American States 
participating in the Meeting of Consultation. Under exceptional 
circumstances the Governments may appoint substitutes. Each 
State shall be entitled to one vote.

                               article 68

    The Advisory Defense Committee shall be convoked under the 
same conditions as the Organ of Consultation, when the latter 
deals with matters relating to defense against aggression.

                               article 69

    The Committee shall also meet when the General Assembly or 
the Meeting of Consultation or the Governments, by a two-thirds 
majority of the Member States, assign to it technical studies 
or reports on specific subjects.

              Chapter XI. The Councils of the Organization

                           Common Provisions

                               article 70

    The Permanent Council of the Organization and the Inter-
American Council for Integral Development are directly 
responsible to the General Assembly, and each has the authority 
granted to it in the Charter and other inter-American 
instruments, as well as the functions assigned to it by the 
General Assembly and the Meeting of Consultation of Ministers 
of Foreign Affairs.

                               article 71

    All Member States have the right to be represented on each 
of the Councils. Each State has the right to one vote.

                               article 72

    The Councils may, within the limits of the Charter and 
other inter-American instruments, make recommendations on 
matters within their authority.

                               article 73

    The Councils, on matters within their respective 
competence, may present to the General Assembly studies and 
proposals, drafts of international instruments, and proposals 
on the holding of specialized conferences, on the creation, 
modification, or elimination of specialized organizations and 
other inter-American agencies, as well as on the coordination 
of their activities. The Councils may also present studies, 
proposals, and drafts of international instruments to the 
Specialized Conferences.

                               article 74

    Each Council may, in urgent cases, convoke Specialized 
Conferences on matters within its competence, after consulting 
with the Member States and without having to resort to the 
procedure provided for in Article 122.

                               article 75

    The Councils, to the extent of their ability, and with the 
cooperation of the General Secretariat, shall render to the 
Governments such specialized services as the latter may 
request.

                               article 76

    Each Council has the authority to require the other 
Council, as well as the subsidiary organs and agencies 
responsible to them, to provide it with information and 
advisory services on matters within their respective spheres of 
competence. The Councils may also request the same services 
from the other agencies of the inter-American system.

                               article 77

    With the prior approval of the General Assembly, the 
Councils may establish the subsidiary organs and the agencies 
that they consider advisable for the better performance of 
their duties. When the General Assembly is not in session, the 
aforesaid organs or agencies may be established provisionally 
by the corresponding Council. In constituting the membership of 
these bodies, the Councils, insofar as possible, shall follow 
the criteria of rotation and equitable geographic 
representation.

                               article 78

    The Councils may hold meetings in any Member State, when 
they find it advisable and with the prior consent of the 
Government concerned.

                               article 79

    Each Council shall prepare its own statutes and submit them 
to the General Assembly for approval. It shall approve its own 
rules of procedure and those of its subsidiary organs, 
agencies, and committees.

         Chapter XII. The Permanent Council of the Organization

                               article 80

    The Permanent Council of the Organization is composed of 
one representative of each Member State, especially appointed 
by the respective Government, with the rank of ambassador. Each 
Government may accredit an acting representative, as well as 
such alternates and advisers as it considers necessary.

                               article 81

    The office of Chairman of the Permanent Council shall be 
held by each of the representatives, in turn, following the 
alphabetic order in Spanish of the names of their respective 
countries. The office of Vice Chairman shall be filled in the 
same way, following reverse alphabetic order.
    The Chairman and the Vice Chairman shall hold office for a 
term of not more than six months, which shall be determined by 
the statutes.

                               article 82

    Within the limits of the Charter and of inter-American 
treaties and agreements, the Permanent Council takes cognizance 
of any matter referred to it by the General Assembly or the 
Meeting of Consultation of Ministers of Foreign Affairs.

                               article 83

    The Permanent Council shall serve provisionally as the 
Organ of Consultation in conformity with the provisions of the 
special treaty on the subject.

                               article 84

    The Permanent Council shall keep vigilance over the 
maintenance of friendly relations among the Member States, and 
for that purpose shall effectively assist them in the peaceful 
settlement of their disputes, in accordance with the following 
provisions.

                               article 85

    In accordance with the provisions of this Charter, any 
party to a dispute in which none of the peaceful procedures 
provided for in the Charter is under way may resort to the 
Permanent Council to obtain its good offices. The Council, 
following the provisions of the preceding article, shall assist 
the parties and recommend the procedures it considers suitable 
for peaceful settlement of the dispute.

                               article 86

    In the exercise of its functions and with the consent of 
the parties to the dispute, the Permanent Council may establish 
ad hoc committees.
    The ad hoc committees shall have the membership and the 
mandate that the Permanent Council agrees upon in each 
individual case, with the consent of the parties to the 
dispute.

                               article 87

    The Permanent Council may also, by such means as it deems 
advisable, investigate the facts in the dispute, and may do so 
in the territory of any of the parties, with the consent of the 
Government concerned.

                               article 88

    If the procedure for peaceful settlement of disputes 
recommended by the Permanent Council or suggested by the 
pertinent ad hoc committee under the terms of its mandate is 
not accepted by one of the parties, or one of the parties 
declares that the procedure has not settled the dispute, the 
Permanent Council shall so inform the General Assembly, without 
prejudice to its taking steps to secure agreement between the 
parties or to restore relations between them.

                               article 89

    The Permanent Council, in the exercise of these functions, 
shall take its decisions by an affirmative vote of two thirds 
of its Members, excluding the parties to the dispute, except 
for such decisions as the rules of procedure provide shall be 
adopted by a simple majority.

                               article 90

    In performing their functions with respect to the peaceful 
settlement of disputes, the Permanent Council and the 
respective ad hoc committee shall observe the provisions of the 
Charter and the principles and standards of international law, 
as well as take into account the existence of treaties in force 
between the parties.

                               article 91

    The Permanent Council shall also:
          (a) Carry out those decisions of the General Assembly 
        or of the Meeting of Consultation of Ministers of 
        Foreign Affairs the implementation of which has not 
        been assigned to any other body;
          (b) Watch over the observance of the standards 
        governing the operation of the General Secretariat and, 
        when the General Assembly is not in session, adopt 
        provisions of a regulatory nature that enable the 
        General Secretariat to carry out its administrative 
        functions;
          (c) Act as the Preparatory Committee of the General 
        Assembly, in accordance with the terms of Article 60 of 
        the Charter, unless the General Assembly should decide 
        otherwise;
          (d) Prepare, at the request of the Member States and 
        with the cooperation of the appropriate organs of the 
        Organization, draft agreements to promote and 
        facilitate cooperation between the Organization of 
        American States and the United Nations or between the 
        Organization and other American agencies of recognized 
        international standing. These draft agreements shall be 
        submitted to the General Assembly for approval;
          (e) Submit recommendations to the General Assembly 
        with regard to the functioning of the Organization and 
        the coordination of its subsidiary organs, agencies, 
        and committees;
          (f) Consider the reports of the Inter-American 
        Council for Integral Development, of the Inter-American 
        Juridical Committee, of the Inter-American Commission 
        on Human Rights, of the General Secretariat, of 
        specialized agencies and conferences, and of other 
        bodies and agencies, and present to the General 
        Assembly any observations and recommendations it deems 
        necessary; and
          (g) Perform the other functions assigned to it in the 
        Charter.

                               article 92

    The Permanent Council and the General Secretariat shall 
have the same seat.

   Chapter XIII. The Inter-American Council for Integral Development

                               article 93

    The Inter-American Council for Integral Development is 
composed of one principal representative, of ministerial or 
equivalent rank, for each Member State, especially appointed by 
the respective Government.
    In keeping with the provisions of the Charter, the Inter-
American Council for Integral Development may establish the 
subsidiary bodies and the agencies that it considers advisable 
for the better performance of its duties.

                               article 94

    The purpose of the Inter-American Council for Integral 
Development is to promote cooperation among the American States 
for the purpose of achieving integral development and, in 
particular, helping to eliminate extreme poverty, in accordance 
with the standards of the Charter, especially those set forth 
in Chapter VII with respect to the economic, social, 
educational, cultural, scientific, and technological fields.

                               article 95

    In order to achieve its various goals, especially in the 
specific area of technical cooperation, the Inter-American 
Council for Integral Development shall:
          (a) Formulate and recommend to the General Assembly a 
        strategic plan which sets forth policies, programs, and 
        courses of action in matters of cooperation for 
        integral development, within the framework of the 
        general policy and priorities defined by the General 
        Assembly;
          (b) Formulate guidelines for the preparation of the 
        program-budget for technical cooperation and for the 
        other activities of the Council;
          (c) Promote, coordinate, and assign responsibility 
        for the execution of development programs and projects 
        to the subsidiary bodies and relevant organizations, on 
        the basis of the priorities identified by the Member 
        States, in areas such as:
                  (1) Economic and social development, 
                including trade, tourism, integration and the 
                environment;
                  (2) Improvement and extension of education to 
                cover all levels, promotion of scientific and 
                technological research, through technical 
                cooperation, and support for cultural 
                activities; and
                  (3) Strengthening of the civic conscience of 
                the American peoples, as one of the bases for 
                the effective exercise of democracy and for the 
                observance of the rights and duties of man.
    These ends shall be furthered by sectoral participation 
mechanisms and other subsidiary bodies and organizations 
established by the Charter and by other General Assembly 
provisions.
          (d) Establish cooperative relations with the 
        corresponding bodies of the United Nations and with 
        other national and international agencies, especially 
        with regard to coordination of inter-American technical 
        cooperation programs.
          (e) Periodically evaluate cooperation activities for 
        integral development, in terms of their performance in 
        the implementation of policies, programs, and projects, 
        in terms of their impact, effectiveness, efficiency, 
        and use of resources, and in terms of the quality, 
        inter alia, of the technical cooperation services 
        provided; and report to the General Assembly.

                               article 96

    The Inter-American Council for Integral Development shall 
hold at least one meeting each year at the ministerial or 
equivalent level. It shall also have the right to convene 
meetings at the same level for the specialized or sectorial 
topics it considers relevant, within its province or sphere of 
competence. It shall also meet when convoked by the General 
Assembly or the Meeting of Consultation of Foreign Ministers, 
or on its own initiative, or for the cases envisaged in Article 
37 of the Charter.

                               article 97

    The Inter-American Council for Integral Development shall 
have the nonpermanent specialized committees which it decides 
to establish and which are required for the proper performance 
of its functions. Those committees shall operate and shall be 
composed as stipulated in the Statutes of the Council.

                               article 98

    The execution and, if appropriate, the coordination, of 
approved projects shall be entrusted to the Executive 
Secretariat for Integral Development, which shall report on the 
results of that execution to the Council.

          Chapter XIV. The Inter-American Juridical Committee

                               article 99

    The purpose of the Inter-American Juridical Committee is to 
serve the Organization as an advisory body on juridical 
matters; to promote the progressive development and the 
codification of international law; and to study juridical 
problems related to the integration of the developing countries 
of the Hemisphere and, insofar as may appear desirable, the 
possibility of attaining uniformity in their legislation.

                              article 100

    The Inter-American Juridical Committee shall undertake the 
studies and preparatory work assigned to it by the General 
Assembly, the Meeting of Consultation of Ministers of Foreign 
Affairs, or the Councils of the Organization. It may also, on 
its own initiative, undertake such studies and preparatory work 
as it considers advisable, and suggest the holding of 
specialized juridical conferences.

                              article 101

    The Inter-American Juridical Committee shall be composed of 
eleven jurists, nationals of Member States, elected by the 
General Assembly for a period of four years from panels of 
three candidates presented by Member States. In the election, a 
system shall be used that takes into account partial 
replacement of membership and, insofar as possible, equitable 
geographic representation. No two Members of the Committee may 
be nationals of the same State.
    Vacancies that occur for reasons other than normal 
expiration of the terms of office of the Members of the 
Committee shall be filled by the Permanent Council of the 
Organization in accordance with the criteria set forth in the 
preceding paragraph.

                              article 102

    The Inter-American Juridical Committee represents all of 
the Member States of the Organization, and has the broadest 
possible technical autonomy.

                              article 103

    The Inter-American Juridical Committee shall establish 
cooperative relations with universities, institutes, and other 
teaching centers, as well as with national and international 
committees and entities devoted to study, research, teaching, 
or dissemination of information on juridical matters of 
international interest.

                              article 104

    The Inter-American Juridical Committee shall draft its 
statutes, which shall be submitted to the General Assembly for 
approval.
    The Committee shall adopt its own rules of procedure.

                              article 105

    The seat of the Inter-American Juridical Committee shall be 
the city of Rio de Janeiro, but in special cases the Committee 
may meet at any other place that may be designated, after 
consultation with the Member State concerned.

       Chapter XV. The Inter-American Commission on Human Rights

                              article 106

    There shall be an Inter-American Commission on Human 
Rights, whose principal function shall be to promote the 
observance and protection of human rights and to serve as a 
consultative organ of the Organization in these matters.
    An inter-American convention on human rights shall 
determine the structure, competence, and procedure of this 
Commission, as well as those of other organs responsible for 
these matters.

                  Chapter XVI. The General Secretariat

                              article 107

    The General Secretariat is the central and permanent organ 
of the Organization of American States. It shall perform the 
functions assigned to it in the Charter, in other inter-
American treaties and agreements, and by the General Assembly, 
and shall carry out the duties entrusted to it by the General 
Assembly, the Meeting of Consultation of Ministers of Foreign 
Affairs, or the Councils.

                              article 108

    The Secretary General of the Organization shall be elected 
by the General Assembly for a five-year term and may not be 
reelected more than once or succeeded by a person of the same 
nationality. In the event that the office of Secretary General 
becomes vacant, the Assistant Secretary General shall assume 
his duties until the General Assembly shall elect a new 
Secretary General for a full term.

                              article 109

    The Secretary General shall direct the General Secretariat, 
be the legal representative thereof, and, notwithstanding the 
provisions of Article 91.b, be responsible to the General 
Assembly for the proper fulfillment of the obligations and 
functions of the General Secretariat.

                              article 110

    The Secretary General, or his representative, may 
participate with voice but without vote in all meetings of the 
Organization.
    The Secretary General may bring to the attention of the 
General Assembly or the Permanent Council any matter which in 
his opinion might threaten the peace and security of the 
Hemisphere or the development of the Member States.
    The authority to which the preceding paragraph refers shall 
be exercised in accordance with the present Charter.

                              article 111

    The General Secretariat shall promote economic, social, 
juridical, educational, scientific, and cultural relations 
among all the Member States of the Organization, with special 
emphasis on cooperation for the elimination of extreme poverty, 
in keeping with the actions and policies decided upon by the 
General Assembly and with the pertinent decisions of the 
Councils.

                              article 112

    The General Secretariat shall also perform the following 
functions:
          (a) Transmit ex officio to the Member States notice 
        of the convocation of the General Assembly, the Meeting 
        of Consultation of Ministers of Foreign Affairs, the 
        Inter-American Council for Integral Development, and 
        the Specialized Conferences;
          (b) Advise the other organs, when appropriate, in the 
        preparation of agenda and rules of procedure;
          (c) Prepare the proposed program-budget of the 
        Organization on the basis of programs adopted by the 
        Councils, agencies, and entities whose expenses should 
        be included in the program-budget and, after 
        consultation with the Councils or their permanent 
        committees, submit it to the Preparatory Committee of 
        the General Assembly and then to the Assembly itself;
          (d) Provide, on a permanent basis, adequate 
        secretariat services for the General Assembly and the 
        other organs, and carry out their directives and 
        assignments. To the extent of its ability, provide 
        services for the other meetings of the Organization;
          (e) Serve as custodian of the documents and archives 
        of the inter-American Conferences, the General 
        Assembly, the Meetings of Consultation of Ministers of 
        Foreign Affairs, the Councils, and the Specialized 
        Conferences;
          (f) Serve as depository of inter-American treaties 
        and agreements, as well as of the instruments of 
        ratification thereof;
          (g) Submit to the General Assembly at each regular 
        session an annual report on the activities of the 
        Organization and its financial condition; and
          (h) Establish relations of cooperation, in accordance 
        with decisions reached by the General Assembly or the 
        Councils, with the Specialized Organizations as well as 
        other national and international organizations.

                              article 113

    The Secretary General shall:
          (a) Establish such offices of the General Secretariat 
        as are necessary to accomplish its purposes; and
          (b) Determine the number of officers and employees of 
        the General Secretariat, appoint them, regulate their 
        powers and duties, and fix their remuneration.
    The Secretary General shall exercise this authority in 
accordance with such general standards and budgetary provisions 
as may be established by the General Assembly.

                              article 114

    The Assistant Secretary General shall be elected by the 
General Assembly for a five-year term and may not be reelected 
more than once or succeeded by a person of the same 
nationality. In the event that the office of Assistant 
Secretary General becomes vacant, the Permanent Council shall 
elect a substitute to hold that office until the General 
Assembly shall elect a new Assistant Secretary General for a 
full term.

                              article 115

    The Assistant Secretary General shall be the Secretary of 
the Permanent Council. He shall serve as advisory officer to 
the Secretary General and shall act as his delegate in all 
matters that the Secretary General may entrust to him. During 
the temporary absence or disability of the Secretary General, 
the Assistant Secretary General shall perform his functions.
    The Secretary General and the Assistant Secretary General 
shall be of different nationalities.

                              article 116

    The General Assembly, by a two-thirds vote of the Member 
States, may remove the Secretary General or the Assistant 
Secretary General, or both, whenever the proper functioning of 
the Organization so demands.

                              article 117

    The Secretary General shall appoint, with the approval of 
the Inter-American Council for Integral Development, an 
Executive Secretary for Integral Development.

                              article 118

    In the performance of their duties, the Secretary General 
and the personnel of the Secretariat shall not seek or receive 
instructions from any Government or from any authority outside 
the Organization, and shall refrain from any action that may be 
incompatible with their position as international officers 
responsible only to the Organization

                              article 119

    The Member States pledge themselves to respect the 
exclusively international character of the responsibilities of 
the Secretary General and the personnel of the General 
Secretariat, and not to seek to influence them in the discharge 
of their duties.

                              article 120

    In selecting the personnel of the General Secretariat, 
first consideration shall be given to efficiency, competence, 
and integrity; but at the same time, in the recruitment of 
personnel of all ranks, importance shall be given to the 
necessity of obtaining as wide a geographic representation as 
possible.

                              article 121

    The seat of the General Secretariat is the city of 
Washington, D.C.

               Chapter XVII. The Specialized Conferences

                              article 122

      The Specialized Conferences are intergovernmental 
meetings to deal with special technical matters or to develop 
specific aspects of inter-American cooperation. They shall be 
held when either the General Assembly or the Meeting of 
Consultation of Ministers of Foreign Affairs so decides, on its 
own initiative or at the request of one of the Councils or 
Specialized Organizations.

                              article 123

    The agenda and rules of procedure of the Specialized 
Conferences shall be prepared by the Councils or Specialized 
Organizations concerned and shall be submitted to the 
Governments of the Member States for consideration.

              Chapter XVIII. The Specialized Organizations

                              article 124

    For the purposes of the present Charter, Inter-American 
Specialized Organizations are the intergovernmental 
organizations established by multilateral agreements and having 
specific functions with respect to technical matters of common 
interest to the American States.

                              article 125

    The General Secretariat shall maintain a register of the 
organizations that fulfill the conditions set forth in the 
foregoing Article, as determined by the General Assembly after 
a report from the Council concerned.

                              article 126

    The Specialized Organizations shall enjoy the fullest 
technical autonomy, but they shall take into account the 
recommendations of the General Assembly and of the Councils, in 
accordance with the provisions of the Charter.

                              article 127

    The Specialized Organizations shall transmit to the General 
Assembly annual reports on the progress of their work and on 
their annual budgets and expenses.

                              article 128

    Relations that should exist between the Specialized 
Organizations and the Organization shall be defined by means of 
agreements concluded between each organization and the 
Secretary General, with the authorization of the General 
Assembly.

                              article 129

    The Specialized Organizations shall establish cooperative 
relations with world agencies of the same character in order to 
coordinate their activities. In concluding agreements with 
international agencies of a worldwide character, the Inter-
American Specialized Organizations shall preserve their 
identity and their status as integral parts of the Organization 
of American States, even when they perform regional functions 
of international agencies.

                              article 130

    In determining the location of the Specialized 
Organizations consideration shall be given to the interest of 
all of the Member States and to the desirability of selecting 
the seats of these organizations on the basis of a geographic 
representation as equitable as possible.

                               part three

                    Chapter XIX. The United Nations

                              article 131

    None of the provisions of this Charter shall be construed 
as impairing the rights and obligations of the Member States 
under the Charter of the United Nations.

                  Chapter XX. Miscellaneous Provisions

                              article 132

    Attendance at meetings of the permanent organs of the 
Organization of American States or at the conferences and 
meetings provided for in the Charter, or held under the 
auspices of the Organization, shall be in accordance with the 
multilateral character of the aforesaid organs, conferences, 
and meetings and shall not depend on the bilateral relations 
between the Government of any Member State and the Government 
of the host country.

                              article 133

    The Organization of American States shall enjoy in the 
territory of each Member such legal capacity, privileges, and 
immunities as are necessary for the exercise of its functions 
and the accomplishment of its purposes.

                              article 134

    The representatives of the Member States on the organs of 
the Organization, the personnel of their delegations, as well 
as the Secretary General and the Assistant Secretary General 
shall enjoy the privileges and immunities corresponding to 
their positions and necessary for the independent performance 
of their duties.

                              article 135

    The juridical status of the Specialized Organizations and 
the privileges and immunities that should be granted to them 
and to their personnel, as well as to the officials of the 
General Secretariat, shall be determined in a multilateral 
agreement. The foregoing shall not preclude, when it is 
considered necessary, the concluding of bilateral agreements.

                              article 136

    Correspondence of the Organization of American States, 
including printed matter and parcels, bearing the frank 
thereof, shall be carried free of charge in the mails of the 
Member States.

                              article 137

    The Organization of American States does not allow any 
restriction based on race, creed, or sex, with respect to 
eligibility to participate in the activities of the 
Organization and to hold positions therein.

                              article 138

    Within the provisions of this Charter, the competent organs 
shall endeavor to obtain greater collaboration from countries 
not Members of the Organization in the area of cooperation for 
development.

             Chapter XXI. Ratification and Entry Into Force

                              article 139

    The present Charter shall remain open for signature by the 
American States and shall be ratified in accordance with their 
respective constitutional procedures. The original instrument, 
the Spanish, English, Portuguese, and French texts of which are 
equally authentic, shall be deposited with the General 
Secretariat, which shall transmit certified copies thereof to 
the Governments for purposes of ratification. The instruments 
of ratification shall be deposited with the General 
Secretariat, which shall notify the signatory States of such 
deposit.

                              article 140

    The present Charter shall enter into force among the 
ratifying States when two thirds of the signatory States have 
deposited their ratifications. It shall enter into force with 
respect to the remaining States in the order in which they 
deposit their ratifications.

                              article 141

    The present Charter shall be registered with the 
Secretariat of the United Nations through the General 
Secretariat.

                              article 142

    Amendments to the present Charter may be adopted only at a 
General Assembly convened for that purpose. Amendments shall 
enter into force in accordance with the terms and the procedure 
set forth in article 140.

                              article 143

    The present Charter shall remain in force indefinitely, but 
may be denounced by any Member State upon written notification 
to the General Secretariat, which shall communicate to all the 
others each notice of denunciation received. After two years 
from the date on which the General Secretariat receives a 
notice of denunciation, the present Charter shall cease to be 
in force with respect to the denouncing State, which shall 
cease to belong to the Organization after it has fulfilled the 
obligations arising from the present Charter.

                  Chapter XXII. Transitory Provisions

                              article 144

    The Inter-American Committee on the Alliance for Progress 
shall act as the permanent executive committee of the Inter-
American Economic and Social Council as long as the Alliance is 
in operation.

                              article 145

    Until the inter-American convention on human rights, 
referred to in Chapter XV, enters into force, the present 
Inter-American Commission on Human Rights shall keep vigilance 
over the observance of human rights.

                              article 146

    The Permanent Council shall not make any recommendation nor 
shall the General Assembly take any decision with respect to a 
request for admission on the part of a political entity whose 
territory became subject, in whole or in part, prior to 
December 18, 1964, the date set by the First Special Inter-
American Conference, to litigation or claim between an 
extracontinental country and one or more Member States of the 
Organization, until the dispute has been ended by some peaceful 
procedure. This article shall remain in effect until December 
10, 1990.
---------------------------------------------------------------------------
    \3\ The present Government in Cuba is excluded from participation 
in the inter-American system by Resolution VI of the 8th Meeting of the 
Consultation of Ministers of Foreign Affairs, Punta del Este, Uruguay, 
January 22-31, 1962.
    \4\ With respect to this reservation, the Pan American Union 
consulted the signatory governments, in accordance with the procedure 
established by para. 2 of Resolution XXIX of the Eighth International 
Conference of American States, to ascertain whether they found it 
acceptable or not. At the request of the Government of Guatemala, this 
consultation was accompanied by a formal declaration of that Government 
to the effect that its reservation did not imply any alteration in the 
Charter of the Organization of American States, and that Guatemala is 
ready to act at all times within the bounds of international agreements 
to which it is a party. In view of this declaration, the States that 
previously did not find the reservation acceptable expressed their 
acceptance.


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                                                       Reservations Made at the Time of Ratification                           Note.--The original Charter was signed April 30, 1948, for the Argentine Republic, Bolivia, Brazil,
                          Chile, Colombia, Costa Rica, Cuba,\3\ the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti,
                          Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the United States of America, Uruguay, and
                          Venezuela and the following reservations were made at the time of ratifying:                         Guatemala                           None of the stipulations of the present Charter of the Organization of American States may be
                          considered as an impediment to Guatemala's assertion of its rights over the territory of Belize by
                          such means as at any time it may deem advisable.\4\                         Peru                           With the reservation that the principles of inter-American solidarity and cooperation and essentially
                          those set forth in the preamble and declarations of the Act of Chapultepec constitute standards for
                          the mutual relations between the American States and juridical bases on the inter-American system.                         United States                           That the Senate give its advice and consent to ratification of the Charter with the reservation that
                          none of its provisions shall be considered as enlarging the powers of the Federal Government of the
                          United States or limiting the powers of the several states of the Federal Union with respect to any
                          matters recognized under the Constitution as being within the reserved powers of the several states.--------------------------------------------------------------------------------------------------------------------------------------------------------

                            c. Act of Bogota

    Act of Bogota, Recommending Measures for Social Improvement and 
  Economic Development within the Framework of Operation Pan America; 
    Adopted by the Council of the Organization of American States, 
   September 13, 1960; Approved by the Council, October 11, 1960 \1\

  The Special Committee to Study the Foundation of New Measures 
for Economic Cooperation,
---------------------------------------------------------------------------
    \1\ Department of State Bulletin, October 3, 1960, p. 537; American 
Foreign Policy, Current Documents 1960, pp. 293-299.

  Recognizing that the preservation and strengthening of free 
and democratic institutions in the American republics requires 
the acceleration of social and economic progress in Latin 
America adequate to meet the legitimate aspirations of the 
peoples of the Americas for a better life and to provide them 
---------------------------------------------------------------------------
the fullest opportunity to improve their status;

  Recognizing that the interests of the American republics are 
so interrelated that sound social and economic progress in each 
is of importance to all and that lack of it in any American 
republic may have serious repercussions in others;

  Cognizant of the steps already taken by many American 
republics to cope with the serious economic and social problems 
confronting them, but convinced that the magnitude of these 
problems calls for redoubled efforts by governments and for a 
new and vigorous program of inter-American cooperation;

  Recognizing that economic development programs, which should 
be urgently strengthened and expanded, may have a delayed 
effect on social welfare, and that accordingly early measures 
are needed to cope with social needs;

  Recognizing that the success of a cooperative program of 
economic and social progress will require maximum self-help 
efforts on the part of the American republics and, in many 
cases, the improvement of existing institutions and practices, 
particularly in the fields of taxation, the ownership and use 
of land, education and training, health and housing;

  Believing it opportune to give further practical expression 
to the spirit of Operation Pan America by immediately enlarging 
the opportunities of the people of Latin America for social 
progress, thus strengthening of their hopes for the future;

  Considering it advisable to launch a program for social 
development, in which emphasis should be given to those 
measures that meet social needs and also promote increases in 
productivity and strengthen economic development,

  Recommends to the Council of the Organization of American 
States:

                   I. Measures for Social Improvement

  An inter-American program for social development should be 
established which should be directed to the carrying out of the 
following measures of social improvement in Latin America, as 
considered appropriate in each country:

A. Measures for the improvement of conditions of rural living and land 
        use

  1. The examination of existing legal and institutional 
systems with respect to:
          a. land tenure legislation and facilities with a view 
        to ensuring a wider and more equitable distribution of 
        the ownership of land, in a manner consistent with the 
        objectives of employment, productivity and economic 
        growth;
          b. agricultural credit institutions with a view to 
        providing adequate financing to individual farmers or 
        groups of farmers;
          c. tax systems and procedures and fiscal policies 
        with a view to assuring equity of taxation and 
        encouraging improved use of land, especially of 
        privately-owned land which is idle.
  2. The initiation or acceleration of appropriate programs to 
modernize and improve the existing legal and institutional 
framework to ensure better conditions of land tenure, extend 
more adequate credit facilities and provide increased 
incentives in the land tax structure.
  3. The acceleration of the preparation of projects and 
programs for:
          a. land reclamation and land settlement, with a view 
        to promoting more widespread ownership and efficient 
        use of land, particularly of unutilized or under-
        utilized land;
          b. the increase of the productivity of land already 
        in use; and
          c. the construction of farm-to-market and access 
        roads.
  4. The adoption or acceleration of other government service 
programs designed particularly to assist the smaller farmer, 
such as new or improved marketing organizations; extension 
services; research and basic surveys; and demonstration, 
education, and training facilities.

B. Measures for the improvement of housing and community facilities

  1. The examination of existing policies in the field of 
housing and community facilities, including urban and regional 
planning, with a view to improving such policies, strengthening 
public institutions and promoting private initiative and 
participation in programs in these fields. Special 
consideration should be given to encouraging financial 
institutions to invest in low-cost housing on a long-term basis 
and in building and construction industries.
  2. The strengthening of the existing legal and institutional 
framework for mobilizing financial resources to provide better 
housing and related facilities for the people and to create new 
institutions for this purpose when necessary. Special 
consideration should be given to legislation and measures which 
would encourage the establishment and growth of:
          a. private financing institutions, such as building 
        and loan associations;
          b. institutions to insure sound housing loans against 
        loss;
          c. institutions to serve as a secondary market for 
        home mortgages;
          d. institutions to provide financial assistance to 
        local communities for the development of facilities 
        such as water supply, sanitation and other public 
        works.
  Existing national institutions should be utilized, wherever 
practical and appropriate, in the application of external 
resources to further the development of housing and community 
facilities.
  3. The expansion of home building industries through such 
measures as the training of craftsmen and other personnel, 
research, the introduction of new techniques, and the 
development of construction standards for low- and medium-cost 
housing.
  4. The lending of encouragement and assistance to programs, 
on a pilot basis for aided self-help housing, for the 
acquisition and subdivision of land for low-cost housing 
developments, and for industrial housing projects.

C. Measures for the improvement of educational systems and training 
        facilities

  1. The reexamination of educational systems, giving 
particular attention to:
          a. the development of modern methods of mass 
        education for the eradication of illiteracy;
          b. the adequacy of training in the industrial arts 
        and sciences with due emphasis on laboratory and work 
        experience and on the practical application of 
        knowledge for the solution of social and economic 
        problems;
          c. the need to provide instruction in rural schools 
        not only in basic subjects but also in agriculture, 
        health, sanitation, nutrition, and in methods of home 
        and community improvement;
          d. the broadening of courses of study in secondary 
        schools to provide the training necessary for clerical 
        and executive personnel in industry, commerce, public 
        administration, and community service;
          e. specialized trade and industrial education related 
        to the commercial and industrial needs of the 
        community;
          f. vocational agricultural instruction;
          g. advanced education of administrators, engineers, 
        economists, and other professional personnel of key 
        importance to economic development.

D. Measures for the improvement of public health

  1. The reexamination of programs and policies of public 
health, giving particular attention to:
          a. strengthening the expansion of national and local 
        health services, especially those directed to the 
        reduction of infant mortality;
          b. the progressive development of health insurance 
        systems, including those providing for maternity, 
        accident and disability insurance, in urban and rural 
        areas;
          c. the provision of hospital and health service in 
        areas located away from main centers of population;
          d. the extension of public medical services to areas 
        of exceptional need;
          e. the strengthening of campaigns for the control or 
        elimination of communicable diseases with special 
        attention to the eradication of malaria;
          f. the provision of water supply facilities for 
        purposes of health and economic development;
          g. the training of public health officials and 
        technicians;
          h. the strengthening of programs of nutrition for 
        low-income groups.

E. Measures for the mobilization of domestic resources

  1. This program shall be carried out within the framework of 
the maximum creation of domestic savings and of the improvement 
of fiscal and financial practices;
  2. The equity and effectiveness of existing tax schedules, 
assessment practices and collection procedures shall be 
examined with a view to providing additional revenue for the 
purpose of this program;
  3. The allocation of tax revenues shall be reviewed, having 
in mind an adequate provision of such revenues to the areas of 
social development mentioned in the foregoing paragraphs.

         II. Creation of a Special Fund for Social Development

  1. The delegations of the Governments of the Latin American 
republics welcome the decision of the Government of the United 
States to establish a special inter-American fund for social 
development, with the Inter-American Development Bank to become 
the primary mechanism for the administration of the fund.
  2. It is understood that the purpose of the special fund 
would be to contribute capital resources and technical 
assistance on flexible terms and conditions, including 
repayment in local currency and the relending of repaid funds, 
in accordance with appropriate and selective criteria in the 
light of the resources available, to support the efforts of the 
Latin American countries that are prepared to initiate or 
expand effective institutional improvements and to adopt 
measures to employ efficiently their own resources with a view 
to achieving greater social progress and more balanced economic 
growth.

                 III. Measures for Economic Development

  The Special Committee,

  Having in view Resolution VII adopted at the Seventh Meeting 
of Consultation of Ministers of Foreign Affairs expressing the 
need for the maximum contribution of member countries in 
hemisphere cooperation in the struggle against 
underdevelopment, in pursuance of the objectives of Operation 
Pan America,

Expresses Its Conviction

  1. That within the framework of Operation Pan America, the 
economic development of Latin America requires prompt action of 
exceptional breadth in the field of international cooperation 
and domestic effort comprising:
          a. additional public and private financial assistance 
        on the part of capital exporting countries of America, 
        Western Europe, and international lending agencies 
        within the framework of their charters, with special 
        attention to:
                  i. the need for loans on flexible terms and 
                conditions, including, whenever advisable in 
                the light of the balance of payments situation 
                of individual countries, the possibility of 
                repayment in local currency,
                  ii. the desirability of the adequate 
                preparation and implementation of development 
                projects and plans, within the framework of the 
                monetary, fiscal and exchange policies 
                necessary for their effectiveness, utilizing as 
                appropriate the technical assistance of inter-
                American and international agencies.
                  iii. the advisability, in special cases, of 
                extending foreign financing for the coverage of 
                local expenditures;
          b. mobilization of additional domestic capital, both 
        public and private;
          c. technical assistance by the appropriate 
        international agencies in the preparation and 
        implementation of national and regional Latin American 
        development projects and plans;
          d. the necessity for developing and strengthening 
        credit facilities for small and medium private 
        business, agriculture and industry.

Recommends:

  1. That special attention be given to an expansion of long-
term lending, particularly in view of the instability of 
exchange earnings of countries exporting primary products and 
of the unfavourable effect of the excessive accumulation of 
short- and medium-term debt on continuing and orderly economic 
development.
  2. That urgent attention be given to the search for effective 
and practical ways, appropriate to each commodity, to deal with 
the problem of the instability of exchange earnings of 
countries heavily dependent upon the exportation of primary 
products.

     IV. Multilateral Cooperation for Social and Economic Progress

  The Special Committee,

  Considering the need for providing instruments and mechanisms 
for the implementation of the program of inter-American 
economic and social cooperation which would periodically review 
the progress made and propose measures for further mobilization 
of resources,

Recommends:

  1. That the Inter-American Economic and Social Council 
undertake to organize annual consultative meetings to review 
the social and economic progress of member countries, to 
analyze and discuss the progress achieved and the problems 
encountered in each country, to exchange opinions on possible 
measures that might be adopted to intensify further social and 
economic progress, within the framework of Operation Pan 
America, and to prepare reports on the outlook for the future. 
Such annual meetings should begin with an examination by 
experts and terminate with a session at the ministerial level.
  2. That the Council of the Organization of American States 
convene within 60 days of the date of this Act a special 
meeting of senior government representatives to find ways of 
strengthening and improving the ability of the Inter-American 
Economic and Social Council to render effective assistance to 
governments with a view to achieving the objectives enumerated 
below, taking into account the proposal submitted by the 
delegation of Argentina in Document CECE/III-13:
          a. To further the economic and social development of 
        Latin American countries;
          b. To promote trade between the countries of the 
        Western Hemisphere as well as between them and extra-
        continental countries;
          c. To facilitate the flow of capital and the 
        extension of credits to the countries of Latin America 
        both from the Western Hemisphere and from extra-
        continental sources.
  3. The special meeting shall:
          a. Examine the existing structure of the Inter-
        American Economic and Social Council, and of the units 
        of the Secretariat of the Organization of American 
        States working in the economic and social fields, with 
        a view to strengthening and improving the Inter-
        American Economic and Social Council;
          b. Determine the means of strengthening inter-
        American economic and social cooperation by an 
        administrative reform of the Secretariat, which should 
        be given sufficient technical, administrative and 
        financial flexibility for the adequate fulfillment of 
        its tasks;
          c. Formulate recommendations designed to assure 
        effective coordination between the Inter-American 
        Economic and Social Council, the Economic Commission 
        for Latin America, the Inter-American Development Bank, 
        the United Nations and its Specialized Agencies and 
        other agencies offering technical advice and services 
        in the Western Hemisphere.
          d. Propose procedures designed to establish effective 
        liaison of the Inter-American Economic and Social 
        Council and other regional American organizations with 
        other international organizations for the purpose of 
        study, discussion and consultation in the fields of 
        international trade and financial and technical 
        assistance;
          e. And formulate appropriate recommendations to the 
        Council of the Organization of American States.
  In approving the Act of Bogota the Delegations to the Special 
Committee, convinced that the people of the Americas can 
achieve a better life only within the democratic system, renew 
their faith in the essential values which lie at the base of 
Western civilization, and re-affirm their determination to 
assure the fullest measure of well-being to the people of the 
Americas under conditions of freedom and respect for the 
supreme dignity of the individual.
                    d. Charter of Punta del Este \1\

           Signed in Punta del Este, Uruguay August 17, 1961

    Establishing the Alliance for Progress Within the Framework of 
                         Operation Pan America

                                Preamble

  We, the American Republics, hereby proclaim our decision to 
unite in a common effort to bring our people accelerated 
economic progress and broader social justice within the 
framework of personal dignity and political liberty.
---------------------------------------------------------------------------
    \1\ Department of State Bulletin, September 11, 1961, p. 463; 
American Foreign Policy, Current Documents 1961, pp. 395-409. The 
special meeting of the Inter-American Economic and Social Council which 
began at Punta del Este, Uruguay, on August 5, 1961, was concluded on 
August 17, 1961 with the signing of a declaration and a charter by all 
members of the Organization of American States except Cuba. The 
signatories are: Argentina, Bolivia, Brazil, Colombia, Costa Rica, 
Chile, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, 
Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, United States, 
Uruguay, and Venezuela.

  Almost two hundred years ago we began in this Hemisphere the 
long struggle for freedom which now inspires people in all 
parts of the world. Today, in ancient lands, men moved to hope 
by the revolutions of our young nations search for liberty. Now 
we must give a new meaning to that revolutionary heritage. For 
America stands at a turning point in history. The men and women 
of our Hemisphere are reaching for the better life which 
today's skills have placed within their grasp. They are 
determined for themselves and their children to have decent and 
ever more abundant lives, to gain access to knowledge and equal 
opportunity for all, to end those conditions which benefit the 
few at the expense of the needs and dignity of the many. It is 
our inescapable task to fulfill these just desires--to 
demonstrate to the poor and forsaken of our countries, and of 
all lands, that the creative powers of free men hold the key to 
their progress and to the progress of future generations. And 
our certainty of ultimate success rests not alone on our faith 
in ourselves and in our nations but on the indomitable spirit 
of free man which has been the heritage of American 
---------------------------------------------------------------------------
civilization.

  Inspired by these principles, and by the principles of 
Operation Pan America and the Act of Bogota, the American 
Republics hereby resolve to adopt the following program of 
action to establish and carry forward an Alliance for Progress.

            Title I. Objectives of the Alliance for Progress

  It is the purpose of the Alliance for Progress to enlist the 
full energies of the peoples and governments of the American 
republics in a great cooperative effort to accelerate the 
economic and social development of the participating countries 
of Latin America, so that they may achieve maximum levels of 
well-being, with equal opportunities for all, in democratic 
societies adapted to their own needs and desires.
  The American Republics agree to work toward the achievement 
of the following fundamental goals in the present decade:
  1. To achieve in the participating Latin American countries a 
substantial and sustained growth of per capita income at a rate 
designed to attain, at the earliest possible date, levels of 
income capable of assuring self-sustaining development, and 
sufficient to make Latin American income levels constantly 
larger in relation to the levels of the more industrialized 
nations. In this way the gap between the living standards of 
Latin America and those of the more developed countries can be 
narrowed. Similarly, presently existing differences in income 
levels among the Latin American countries will be reduced by 
accelerating the development of the relatively less developed 
countries and granting them maximum priority in the 
distribution of resources and in international cooperation in 
general. In evaluating the degree of relative development, 
account will be taken not only of average levels of real income 
and gross product per capita, but also of indices of infant 
mortality, illiteracy, and per capita daily caloric intake.
  It is recognized that, in order to reach these objectives 
within a reasonable time, the rate of economic growth in any 
country of Latin America should be not less than 2.5 percent 
per capita per year, and that each participating country should 
determine its own growth target in the light of its stage of 
social and economic evolution, resource endowment, and ability 
to mobilize national efforts for development.
  2. To make the benefits of economic progress available to all 
citizens of all economic and social groups through a more 
equitable distribution of national income, raising more rapidly 
the income and standard of living of the needier sectors of the 
population, at the same time that a higher proportion of the 
national product is devoted to investment.
  3. To achieve balanced diversification in national economic 
structures, both regional and functional, making them 
increasingly free from dependence on the export of a limited 
number of primary products and the importation of capital goods 
while attaining stability in the prices of exports or in income 
derived from exports.
  4. To accelerate the process of rational industrialization so 
as to increase the productivity of the economy as a whole, 
taking full advantage of the talents and energies of both the 
private and public sectors, utilizing the natural resources of 
the country and providing productive and remunerative 
employment for unemployed or part-time workers. Within this 
process of industrialization, special attention should be given 
to the establishment and development of capital-goods 
industries.
  5. To raise greatly the level of agricultural productivity 
and output and to improve related storage, transportation, and 
marketing services.
  6. To encourage, in accordance with the characteristics of 
each country, programs of comprehensive agrarian reform leading 
to the effective transformation, where required, of unjust 
structures and systems of land tenure and use, with a view to 
replacing latifundia and dwarf holdings by an equitable system 
of land tenure so that, with the help of timely and adequate 
credit, technical assistance and facilities for the marketing 
and distribution of products, the land will become for the man 
who works it the basis of his economic stability, the 
foundation of his increasing welfare, and the guarantee of his 
freedom and dignity.
  7. To eliminate adult illiteracy and by 1970 to assure, as a 
minimum, access to 6 years of primary education for each 
school-age child in Latin America; to modernize and expand 
vocational, technical, secondary and higher educational and 
training facilities, to strengthen the capacity for basic and 
applied research; and to provide the competent personnel 
required in rapidly-growing societies.
  8. To increase life expectancy at birth by a minimum of 5 
years, and to increase the ability to learn and produce, by 
improving individual and public health. To attain this goal it 
will be necessary, among other measures, to provide adequate 
potable water supply and sewage disposal to not less than 70 
percent of the urban and 50 percent of the rural population; to 
reduce the present mortality rate of children less than 5 years 
of age by at least one-half; to control the more serious 
communicable diseases, according to their importance as a cause 
of sickness, disability, and death; to eradicate those 
illnesses, especially malaria, for which effective techniques 
are known; to improve nutrition; to train medical and health 
personnel to meet at least minimum requirements; to improve 
basic health services at national and local levels; and to 
intensify scientific research and apply its results more fully 
and effectively to the prevention and cure of illness.
  9. To increase the construction of low-cost houses for low-
income families in order to replace inadequate and deficient 
housing and to reduce housing shortages; and to provide 
necessary public services to both urban and rural centers of 
population.
  10. To maintain stable price levels, avoiding inflation or 
deflation and the consequent social hardships and 
maldistribution of resources, always bearing in mind the 
necessity of maintaining an adequate rate of economic growth.
  11. To strengthen existing agreements on economic 
integration, with a view to the ultimate fulfillment of 
aspirations for a Latin American common market that will expand 
and diversify trade among the Latin American countries and thus 
contribute to the economic growth of the region.
  12. To develop cooperative programs designed to prevent the 
harmful effects of excessive fluctuations in the foreign 
exchange earnings derived from exports of primary products, 
which are of vital importance to economic and social 
development; and to adopt the measures necessary to facilitate 
the access of Latin American exports to international markets.

               Title II. Economic and Social Development

   chapter i. basic requirements for economic and social development

  The American Republics recognize that to achieve the 
foregoing goals it will be necessary:
  1. That comprehensive and well-conceived national programs of 
economic and social development, aimed at the achievement of 
self-sustaining growth, be carried out in accordance with 
democratic principles.
  2. That national programs of economic and social development 
be based on the principle of self-help--as established in the 
Act of Bogota--and on the maximum use of domestic resources, 
taking into account the special conditions of each country.
  3. That in the preparation an execution of plans for economic 
and social development, women should be placed on an equal 
footing with men.
  4. That the Latin American countries obtain sufficient 
external financial assistance, a substantial portion of which 
should be extended on flexible conditions with respect to 
periods and terms of repayment and forms of utilization, in 
order to supplement domestic capital formation and reinforce 
their import capacity; and that, in support of well-conceived 
programs, which include the necessary structural reforms and 
measures for the mobilization of internal resources, a supply 
of capital from all external sources during the coming 10 years 
of at least 20 billion dollars be made available to the Latin 
American countries, with priority to the relatively less 
developed countries. The greater part of this sum should be in 
public funds.
  5. That institutions in both the public and private sectors, 
including labor organizations, cooperatives, and commercial, 
industrial, and financial institutions, be strengthened and 
improved for the increasing and effective use of domestic 
resources, and that the social reforms necessary to permit a 
fair distribution of the fruits of economic and social progress 
be carried out.

               chapter ii. national development programs

  1. Participating Latin American countries agree to introduce 
or strengthen systems for the preparation, execution, and 
periodic revision of national programs for economic and social 
development consistent with the principles, objectives, and 
requirements contained in this document. Participating Latin 
American countries should formulate, if possible within the 
next eighteen months, long-term development programs. Such 
programs should embrace, according to the characteristics of 
each country, the elements outlined in the Appendix.
  2. National development programs should incorporate self-help 
efforts directed to:
          a. Improvement of human resources and widening of 
        opportunities by raising general standards of education 
        and health; improving and extending technical education 
        and professional training with emphasis on science and 
        technology; providing adequate remuneration for work 
        performed, encouraging the talents of managers, 
        entrepreneurs, and wage earners; providing more 
        productive employment for underemployed manpower; 
        establishing effective systems of labor relations, and 
        procedures for consultation and collaboration among 
        public authorities, employer associations, and labor 
        organizations; promoting the establishment and 
        expansion of local institutions for basic and applied 
        research; and improving the standards of public 
        administration.
          b. Wider development and more efficient use of 
        natural resources, especially those which are now idle 
        or under-utilized, including measures for the 
        processing of raw materials.
          c. The strengthening of the agricultural base, 
        progressively, extending the benefits of the land to 
        those who work it, and ensuring in countries with 
        Indian populations the integration of these populations 
        into the economic, social, and cultural processes of 
        modern life. To carry out these aims, measures should 
        be adopted, among others, to establish or improve, as 
        the case may be, the following services: extension, 
        credit, technical assistance, agricultural research and 
        mechanization; health and education; storage and 
        distribution; cooperatives and farmers' associations; 
        and community development.
          d. More effective, rational and equitable 
        mobilization and use of financial resources through the 
        reform of tax structures, including fair and adequate 
        taxation of large incomes and real estate, and the 
        strict application of measures to improve fiscal 
        administration. Development programs should include the 
        adaptation of budget expenditures to development needs, 
        measures for the maintenance of price stability, the 
        creation of essential credit facilities at reasonable 
        rates of interest, and the encouragement of private 
        savings.
          e. Promotion through appropriate measures, including 
        the signing of agreements for the purpose of reducing 
        or eliminating double taxation, of conditions that will 
        encourage the flow of foreign investments and help to 
        increase the capital resources of participating 
        countries in need of capital.
          f. Improvement of systems distribution and sales in 
        order to make markets more competitive and prevent 
        monopolistic practices.

         chapter iii. immediate and short-term action measures

  1. Recognizing that a number of Latin American countries, 
despite their best efforts, may require emergency financial 
assistance, the United States will provide assistance from the 
funds which are or may be established for such purposes. The 
United States stands ready to take prompt action on 
applications for such assistance. Applications relating to 
existing situations should be submitted within the next 60 
days.
  2. Participating Latin American countries should, in addition 
to creating or strengthening machinery for long-term 
development programing, immediately increase their efforts to 
accelerate their development by giving special emphasis to the 
following objectives:
          a. The completion of projects already underway and 
        the initiation of projects for which the basic studies 
        have been made, in order to accelerate their financing 
        and execution.
          b. The implementation of new projects which are 
        designed:
                  (1) To meet the most pressing economic and 
                social needs and benefit directly the greatest 
                number of people;
                  (2) To concentrate efforts within each 
                country in the less developed or more depressed 
                areas in which particularly serious social 
                problems exist;
                  (3) To utilize idle capacity or resources, 
                particularly under-employment manpower; and
                  (4) To survey and assess natural resources.
          c. The facilitation of the preparation and execution 
        of long-term programs through measures designed:
                  (1) To train teachers, technicians, and 
                specialists;
                  (2) To provide accelerated training to 
                workers and farmers;
                  (3) To improve basic statistics;
                  (4) To establish needed credit and marketing 
                facilities; and
                  (5) To improve services and administration.
  3. The United States will assist in carrying out these short-
term measures with a view to achieving concrete results from 
the Alliance for Progress at the earliest possible moment. In 
connection with the measures set forth above, and in accordance 
with the statement of President Kennedy, the United States will 
provide assistance under the Alliance, including assistance for 
the financing of short-term measures, totaling more than one 
billion dollars in the year ending march 1962.

  chapter iv. external assistance in support of national development 
                                programs

  1. The economic and social development of Latin America will 
require a large amount of additional public and private 
financial assistance on the part of capital-exporting 
countries, including the members of the Development Assistance 
Group and international lending agencies. The measures provided 
for in the Act of Bogota and the new measures provided for in 
this Charter, are designed to create a framework within which 
such additional assistance can be provided and effectively 
utilized.
  2. The United States will assist those participating 
countries whose development programs establish self-help 
measures and economic and social policies and programs 
consistent with the goals and principles of this Charter. To 
supplement the domestic efforts of such countries, the United 
States is prepared to allocate resources which, along with 
those anticipated from other external sources, will be of a 
scope and magnitude adequate to realize the goals envisaged in 
this Charter. Such assistance will be allocated to both social 
and economic development and, where appropriate, will take the 
form of grants or loans on flexible terms and conditions. The 
participating countries will request the support of other 
capital-exporting countries and appropriate institutions so 
that they may provide assistance for the attainment of these 
objectives.
  3. The United States will assist in the financing of 
technical assistance projects proposed by a participating 
country or by the General Secretariat of the Organization of 
American States for the purpose of:
          a. Providing experts contracted in agreement with 
        governments to work under their direction and to assist 
        them in the preparation of specific investment projects 
        and the strengthening of national mechanisms for 
        preparing projects, using specialized engineering firms 
        where appropriate;
          b. Carrying out, pursuant to existing agreements for 
        cooperation among the General Secretariat of the 
        Organization of American States, the Economic 
        Commission for Latin America, and the Inter-American 
        Development Bank, field investigations and studies, 
        including those relating to development problems, the 
        organization of national agencies for the preparation 
        of development programs, agrarian reform and rural 
        development, health, cooperatives, housing, education 
        and professional training, and taxation and tax 
        administration; and
          c. Convening meetings of experts and officials on 
        development and related problems.
  The governments or above mentioned organizations should, when 
appropriate, seek the cooperation of the United Nations and its 
specialized agencies in the execution of these activities.
  4. The participating Latin American countries recognize that 
each has in varying degree a capacity to assist fellow 
republics by providing technical and financial assistance. They 
recognize that this capacity will increase as their economies 
grow. They therefore affirm their intention to assist fellow 
republics increasingly as their individual circumstances 
permit.

                 chapter v. organization and procedures

  1. In order to provide technical assistance for the 
formulation of development programs, as may be requested by 
participating nations, the Organization of American States, the 
Economic Commission for Latin America, and the Inter-American 
Development Bank will continue and strengthen their agreements 
for coordination in this field in order to have available a 
group of programming experts whose service can be used to 
facilitate the implementation of this Charter. The 
participating countries will also seek an intensification of 
technical assistance from the specialized agencies of the 
United Nations for the same purpose.
  2. The Inter-American Economic and Social Council, on the 
joint nomination of the Secretary General of the Organization 
of American States, the President of the Inter-American 
Development Bank, and the Executive Secretary of the United 
Nations Economic Commission for Latin America, will appoint a 
panel of nine high-level experts, exclusively on the basis of 
their experience, technical ability, and competence in the 
various aspects of economic and social development. The experts 
may be of any nationality, though if of Latin American origin 
an appropriate geographical distribution will be sought. They 
will be attached to the Inter-American Economic and Social 
Council, but will nevertheless enjoy complete autonomy in the 
performance of their duties. They may not hold any other 
remunerative position. The appointment of these experts will be 
for a period of three years, and may be renewed.
  3. Each government, if it so wishes, may present its program 
for economic and social development for consideration by an ad 
hoc committee, composed of no more than three members drawn 
from the panel of experts referred to in the preceding 
paragraph together with an equal number of experts not on the 
panel. The experts who compose the ad hoc committee will be 
appointed by the Secretary General of the Organization of 
American States at the request of the interested government and 
with its consent.
  4. The committee will study the development program, exchange 
opinions with the interested government as to possible 
modifications and, with the consent of the government, report 
its conclusions to the Inter-American Development Bank and to 
other governments and institutions that may be prepared to 
extend external financial and technical assistance in 
connection with the execution of the program.
  5. In considering a development program presented to it, the 
ad hoc committee will examine the consistency of the program 
with the principles of the Act of Bogota and of this Charter, 
taking into account the elements in the Appendix.
  6. The General Secretariat of the Organization of American 
States will provide the personnel needed by the experts 
referred to in paragraphs 2 and 3 of this Chapter in order to 
fulfill their tasks. Such personnel may be employed 
specifically for this purpose or may be made available from the 
permanent staffs of the Organization of American States, the 
Economic Commission for Latin America, and the Inter-American 
Development Bank, in accordance with the present liaison 
arrangements between the three organizations. The General 
Secretariat of the Organization of American States may seek 
arrangements with the United Nations Secretariat, its 
specialized agencies and the Inter-American Specialized 
organizations for the temporary assignment of necessary 
personnel.
  7. A government whose development program has been the object 
of recommendations made by the ad hoc committee with respect to 
external financing requirements may submit the program to the 
Inter-American Development Bank so that the Bank may undertake 
the negotiations required to obtain such financing, including 
the organization of a consortium of credit institutions and 
government disposed to contribute to the continuing and 
systematic financing, on appropriate terms, of the development 
program. However, the government will have full freedom to 
resort through any other channels to all sources of financing, 
for the purpose of obtaining, in full or in part, the required 
resources.
  The ad hoc committee shall not interfere with the right of 
each government to formulate its own goals, priorities, and 
reforms in its national development programs.
  The recommendations of the ad hoc committee will be of great 
importance in determining the distribution of public funds 
under the Alliance for Progress which contribute to the 
external financing of such programs. These recommendations 
shall give special consideration to Title I.1.
  The participating governments will also use their good 
offices to the end that these recommendations may be accepted 
as a factor of great importance in the decisions taken, for the 
same purpose, by inter-American credit institutions, other 
international credit agencies, and other friendly governments 
which may be potential sources of capital.
  8. The Inter-American Economic and Social Council will review 
annually the progress achieved in the formulation, national 
implementation, and international financing of development 
programs; and will submit to the Council of the Organization of 
American States such recommendations as it deems pertinent.

                                Appendix

               Elements of National Development Programs

  1. The establishment of mutually consistent targets to be 
aimed at over the program period in expanding productive 
capacity in industry, agriculture, mining, transport, power and 
communications, and in improving conditions of urban and rural 
life, including better housing, education and health.
  2. The assignment of priorities and the description of 
methods to achieve the targets, including specific measures and 
major projects. Specific development projects should be 
justified in terms of their relative costs and benefits, 
including their contribution to social productivity.
  3. The measures which will be adopted to direct the 
operations of the public sector and to encourage private action 
in support of the development program.
  4. The estimated cost, in national and foreign currency, of 
major projects and of the development program as a whole, year 
by year over the program period.
  5. The internal resources, public and private, estimated to 
become available for the execution of the programs.
  6. The direct and indirect effects of the program on the 
balance of payments, and the external financing, public and 
private, estimated to be required for the execution of the 
program.
  7. The basic fiscal and monetary policies to be followed in 
order to permit implementation of the program within a 
framework of price stability.
  8. The machinery of public administration--including 
relationships with local governments, decentralized agencies 
and nongovernmental organizations, such as labor organizations, 
cooperatives, business and industrial organizations--to be used 
in carrying out the program, adapting it to changing 
circumstances and evaluating the progress made.

            Title III. Economic Integration of Latin America

  The American Republics consider that the broadening of 
present national markets in Latin America is essential to 
accelerate the process of economic development in the 
Hemisphere. It is also an appropriate means for obtaining 
greater productivity through specialized and complementary 
industrial production which will, in turn, facilitate the 
attainment of greater social benefits for the inhabitants of 
the various regions of Latin America. The broadening of markets 
will also make possible the better use of resources under the 
Alliance for Progress. Consequently, the American Republics 
recognize that:
  1. The Montevideo Treaty (because of its flexibility and 
because it is open to adherence of all of the Latin American 
nations) and the Central American Treaty of Economic 
Integration are appropriate instruments for the attainment of 
these objectives, as was recognized in Resolution No. 11 (III) 
of the Ninth Session of the Economic Commission for Latin 
America.
  2. The integration process can be intensified and accelerated 
not only by the specialization resulting from the broadening of 
markets through the liberalization of trade but also through 
the use of such instruments as the agreements for complementary 
production within economic sectors provided for in the 
Montevideo Treaty.
  3. In order to insure the balanced and complementary economic 
expansion of all of the countries involved, the integration 
process should take into account, on a flexible basis, the 
condition of countries at a relatively less advanced stage of 
economic development, permitting them to be granted special, 
fair, and equitable treatment.
  4. In order to facilitate economic integration in Latin 
America, it is advisable to establish effective relationships 
between the Latin American Free Trade Association and the group 
of countries adhering to the Central American Economic 
Integration Treaty, as well as between either of these groups 
and other Latin American countries. These arrangements should 
be established within the limits determined by these 
instruments.
  5. The Latin American countries should coordinate their 
actions to meet the unfavorable treatment accorded to their 
foreign trade in world markets, particularly that resulting 
from certain restrictive and discriminatory policies of extra-
continental countries and economic groups.
  6. In the application of resources under the Alliance for 
Progress, special attention should be given not only to 
investments for multinational projects that will contribute to 
strengthening the integration process in all its aspects, but 
also to the necessary financing of industrial production, and 
to the growing expansion of trade in industrial products within 
Latin America.
  7. In order to facilitate the participation of countries at a 
relatively lower stage of economic development in multinational 
Latin American economic cooperation programs, and in order to 
promote the balanced and harmonious development of the Latin 
American integration process, special attention should be given 
to the needs of these countries in the administration of 
financial resources provided under the Alliance for Progress, 
particularly in connection with infrastructure programs and the 
promotion of new lines of production.
  8. The economic integration process implies a need for 
additional investment in various fields of economic activity 
and funds provided under the Alliance for Progress should cover 
these needs as well as those required for the financing of 
national development programs.
  9. When groups of Latin American countries have their own 
institutions for financing economic integration, the financing 
referred to in the preceding paragraph should preferably be 
channeled through these institutions. With respect to regional 
financing designed to further the purposes of existing regional 
integration instruments, the cooperation of the Inter-American 
Development Bank should be sought in channeling extra-regional 
contributions which may be granted for these purposes.
  10. One of the possible means for making effective a policy 
for the financing of Latin American integration would be to 
approach the International Monetary Fund and other financial 
sources with a view to providing a means for solving temporary 
balance-of-payments problems that may occur in countries 
participating in economic integration arrangements.
  11. The promotion and coordination of transportation and 
communications systems is an effective way to accelerate the 
integration process. In order to counteract abusive practices 
in relation to freight rates and tariffs, it is advisable to 
encourage the establishment of multinational transport and 
communication enterprises in the Latin American countries, or 
to find other appropriate solutions.
  12. In working toward economic integration and complementary 
economies, efforts should be made to achieve an appropriate 
coordination of national plans, or to engage in joint planning 
for various economies through the existing regional integration 
organizations. Efforts should also be made to promote an 
investment policy directed to the progressive elimination of 
unequal growth rates in the different geographic areas, 
particularly in the case of countries which are relatively less 
developed.
  13. It is necessary to promote the development of national 
Latin American enterprises, in order that they may compete on 
an equal footing with foreign enterprises.
  14. The active participation of the private sector is 
essential to economic integration and development, and except 
in those countries in which free enterprise does not exist, 
development planning by the pertinent national public agencies, 
far from hindering such participation, can facilitate and guide 
it, thus opening new perspectives for the benefit of the 
community.
  15. As the countries of the Hemisphere still under colonial 
domination achieve their independence, they should be invited 
to participate in Latin American economic integration programs.

                   Title IV. Basic Export Commodities

  The American Republics recognize that the economic 
development of Latin America requires expansion of its trade, a 
simultaneous and corresponding increase in foreign exchange 
incomes received from exports, a lessening of cyclical of 
seasonal fluctuations in the incomes of those countries that 
still depend heavily on the export of raw materials, and the 
correction of the secular deterioration in their terms of 
trade.
  They, therefore, agree that the following measures should be 
taken:

                          i. national measures

  National measures affecting commerce in primary products 
should be directed and applied in order to:
          1. Avoid undue obstacles to the expansion of trade in 
        these products;
          2. Avoid market instability;
          3. Improve the efficiency of international plans and 
        mechanisms for stabilization; and
          4. Increase their present markets and expand their 
        area of trade at a rate compatible with rapid 
        development.
Therefore:
          A. Importing member countries should reduce and if 
        possible eliminate, as soon as feasible, all 
        restrictions and discriminatory practices affecting the 
        consumption and importation of primary products, 
        including those with the highest possible degree of 
        processing in the country of origin, except when these 
        restrictions are imposed temporarily for purposes of 
        economic diversification, to hasten the economic 
        development of less developed nations, or to establish 
        basic national reserves. Importing countries should 
        also be ready to support, by adequate regulations, 
        stabilization programs for primary products that may be 
        agreed upon with producing countries.
          B. Industrialized countries should give special 
        attention to the need for hastening economic 
        development of less developed countries. Therefore, 
        they should make maximum efforts to create conditions, 
        compatible with their international obligations, 
        through which they may extend advantages to less 
        developed countries so as to permit the rapid expansion 
        of their markets. In view of the great need for this 
        rapid development, industrialized countries should also 
        study ways in which to modify, wherever possible, 
        international commitments which prevent the achievement 
        of this objective.
          C. Producing member countries should formulate their 
        plans for production and exports, taking account of 
        their effect on world markets and of the necessity of 
        supporting and improving the effectiveness of 
        international stabilization programs and mechanisms. 
        Similarly they should try to avoid increasing the 
        uneconomic production of goods which can be obtained 
        under better conditions in the less developed countries 
        of the Continent, in which the production of these 
        goods is an important source of employment.
          D. Member countries should adopt all necessary 
        measures to direct technological studies toward finding 
        new uses and by-products of those primary commodities 
        that are most important to their economies.
          E. Member countries should try to reduce, and, if 
        possible, eliminate within a reasonable time export 
        subsidies and other measures which cause instability in 
        the markets for basic commodities and excessive 
        fluctuations in prices and income.

                 ii. international cooperation measures

  1. Member countries should make coordinated, and if possible, 
joint efforts designed:
          a. To eliminate as soon as possible undue protection 
        of the production of basic products;
          b. To eliminate taxes and reduce excessive domestic 
        prices which discourage the consumption of imported 
        basic products;
          c. To seek to end preferential agreements and other 
        measures which limit world consumption of Latin 
        American basic products and their access to 
        international markets, especially the markets of 
        Western European countries in process of economic 
        integration, and of countries with centrally planned 
        economies; and
          d. To adopt the necessary consultation mechanisms so 
        that their marketing policies will not have damaging 
        effects on the stability of the markets for basic 
        commodities.
  2. Industrialized countries should give maximum cooperation 
to less developed countries so that their raw material exports 
will have the greatest degree of processing that is economic.
  3. Through their representation in international financial 
organizations, member countries should suggest that these 
organizations, when considering loans for the promotion of 
production for export, take into account the effect of such 
loans on products which are in surplus in world markets.
  4. Member countries should support the efforts being made by 
international commodity study groups and by the Commission on 
International Commodity Trade of the United Nations. In this 
connection, it should be considered that producing and 
consuming nations bear a joint responsibility for taking 
national and international steps to reduce market instability.
  5. The Secretary General of the Organization of American 
States shall convene a group of experts appointed by their 
respective Governments to meet before November 30, 1961 and to 
report, not later than March 31, 1962 on measures to provide an 
adequate and effective means of offsetting the effects of 
fluctuations in the volume and prices of exports of basic 
products. The experts shall:
          a. Consider the questions regarding compensatory 
        financing raised during the present meeting;
          b. Analyze the proposal for establishing an 
        international fund for the stabilization of export 
        receipts contained in the Report of the Group of 
        Experts to the Special Meeting of the Inter-American 
        Economic and Social Council, as well as any other 
        alternative proposals;
          c. Prepare a draft plan for the creation of 
        mechanisms for compensatory financing. This draft plan 
        should be circulated among the member Governments and 
        their opinions obtained well in advance of the next 
        meeting of the Commission on International Commodity 
        Trade.
  6. Member countries should support the efforts under way to 
improve and strengthen international commodity agreements and 
should be prepared to cooperate in the solution of specific 
commodity problems. Further more, they should endeavor to adopt 
adequate solutions for the short- and long-term problems 
affecting markets for such commodities so that the economic 
interests of producers and consumers are equally safeguarded.
  7. Members countries should request other producer and 
consumer countries to cooperate in stabilization programs, 
bearing in mind that the raw materials of the Western 
Hemisphere are also produced and consumed in other parts of the 
world.
  8. Member countries recognize that the disposal of 
accumulated reserves and surpluses can be a means of achieving 
the goals outlined in the first chapter of this Title, provided 
that, along with the generation of local resources, the 
consumption of essential products in the receiving countries is 
immediately increased. The disposal of surpluses and reserves 
should be carried out in an orderly manner, in order to:
          a. Avoid disturbing existing commercial markets in 
        member countries; and
          b. Encourage expansion of the sale of their products 
        to other markets.
  However, it is recognized that:
          a. The disposal of surpluses should not displace 
        commercial sales of identical products traditionally 
        carried out by other countries; and
          b. Such disposal cannot substitute for large scale 
        financial and technical assistance programs.

  In Witness Whereof this Charter is signed, in Punta del Este, 
Uruguay, on the seventeenth day of August, nineteen hundred 
sixty-one.
  The original texts shall be deposited in the archives of the 
Pan American Union, through the Secretary General of the 
Special Meeting, in order that certified copies may be sent to 
the Governments of the Member States of the Organization of 
American States.
             e. Panama Canal Treaties and Related Material

        (1) Panama Canal: Permanent Neutrality and Operation \1\

   Signed at Washington, with Attached Protocol, September 7, 1977; 
   Ratification advised by the Senate, with amendments, conditions, 
   reservations, and understandings, March 16, 1978; Ratified by the 
 President, subject to such amendments, conditions, reservations, and 
 understandings, June 15, 1978; Ratifications exchanged with Protocol 
signed at Panama, June 16, 1978, effective April 1, 1979; Proclaimed by 
 the President, September 24, 1979; Entered into force, October 1, 1979

            By the President of the United States of America

                             A Proclamation

    Considering that:
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    \1\ 33 UST 1; TIAS 10029; 1161 UNTS 177.
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    The Treaty Concerning the Permanent Neutrality and 
Operation of the Panama Canal was signed at Washington on 
September 7, 1977, the text of which is hereto annexed;
    The Senate of the United States of America by its 
resolution of March 16, 1978, two-thirds of the Senators 
present concurring therein, gave its advice and consent to the 
ratification of the Neutrality Treaty, subject to the 
following--
  (a) Amendments:
          (1) At the end of Article IV, insert the following:
          ``A correct and authoritative statement of certain 
        rights and duties of the Parties under the foregoing is 
        contained in the Statement of Understanding issued by 
        the Government of the United States of America on 
        October 14, 1977, and by the Government of the Republic 
        of Panama on October 18, 1977, which is hereby 
        incorporated as an integral part of this Treaty, as 
        follows:
          `` `Under the Treaty Concerning the Permanent 
        Neutrality and Operation of the Panama Canal (the 
        Neutrality Treaty), Panama and the United States have 
        the responsibility to assure that the Panama Canal will 
        remain open and secure to ships of all nations. The 
        correct interpretation of this principle is that each 
        of the two countries shall, in accordance with their 
        respective constitutional processes, defend the Canal 
        against any threat to the regime of neutrality, and 
        consequently shall have the right to act against any 
        aggression or threat directed against the Canal or 
        against the peaceful transit of vessels through the 
        Canal.
          `` `This does not mean, nor shall it be interpreted 
        as, a right of intervention of the United States in the 
        internal affairs of Panama. Any United States action 
        will be directed at insuring that the Canal will remain 
        open, secure, and accessible, and it shall never be 
        directed against the territorial integrity or political 
        independence of Panama.'.''
          (2) At the end of the first paragraph of Article VI, 
        insert the following:
          ``In accordance with the Statement of Understanding 
        mentioned in Article IV above: `The Neutrality Treaty 
        provides that the vessels of war and auxiliary vessels 
        of the United States and Panama will be entitled to 
        transit the Canal expeditiously. This is intended, and 
        it shall so be interpreted, to assure the transit of 
        vessels through the Canal as quickly as possible, 
        without any impediment, with expedited treatment, and 
        in case of need or emergency, to go to the head of the 
        line of vessels in order to transmit the Canal 
        rapidly.'.''
  (b) Conditions:
          (1) Notwithstanding the provisions of Article V or 
        any other provision of the Treaty, if the Canal is 
        closed, or its operations are interfered with, the 
        United States of America and the Republic of Panama, 
        shall each independently have the right to take such 
        steps as each deems necessary, in accordance with its 
        constitutional processes, including the use of military 
        force in the Republic of Panama, to reopen the Canal or 
        restore the operations of the Canal, as the case may 
        be.
          (2) The instruments of ratification of the Treaty 
        shall be exchanged only upon the conclusion of a 
        Protocol of Exchange, to be signed by authorized 
        representatives of both Governments, which shall 
        constitute an integral part of the Treaty documents and 
        which shall include the following:
                  ``Nothing in the Treaty shall preclude the 
                Republic of Panama and the United States of 
                America from making, in accordance with their 
                respective constitutional processes, any 
                agreement or arrangement between the two 
                countries to facilitate performance at any time 
                after December 31, 1999, of their 
                responsibilities to maintain the regime of 
                neutrality established in the Treaty, including 
                agreements or arrangements for the stationing 
                of any United States military forces or the 
                maintenance of defense sites after that date in 
                the Republic of Panama that the Republic of 
                Panama and the United States of America may 
                deem necessary or appropriate.''.
  (c) Reservations:
          (1) Before the date of entry into force of the 
        Treaty, the two Parties shall begin to negotiate for an 
        agreement under which the American Battle Monuments 
        Commission would, upon the date of entry into force of 
        such agreement and thereafter, administer, free of all 
        taxes and other charges and without compensation to the 
        Republic of Panama and in accordance with the 
        practices, privileges, and immunities associated with 
        the administration of cemeteries outside the United 
        States of America by the American Battle Monuments 
        Commission, including the display of the flag of the 
        United States of America, such part of Corozal Cemetery 
        in the former Canal Zone as encompasses the remains of 
        citizens of the United States of America.
          (2) The flag of the United States of America may be 
        displayed, pursuant to the provisions of paragraph 3 of 
        Article VII of the Panama Canal Treaty, at such part of 
        Corozal Cemetery in the former Canal Zone as 
        encompasses the remains of citizens of the United 
        States of America.
          (3) The President--
                  (A) shall have announced, before the date of 
                entry into force of the Treaty, his intention 
                to transfer, consistent with an agreement with 
                the Republic of Panama, and before the date of 
                termination of the Panama Canal Treaty, to the 
                American Battle Monuments Commission the 
                administration of such part of Corozal Cemetery 
                as encompasses the remains of citizens of the 
                United States of America; and
                  (B) shall have announced, immediately after 
                the date of exchange of the instrument of 
                ratification, plans, to be carried out at the 
                expense of the Government of the United States 
                of America, for--
                          (i) removing, before the date of 
                        entry into force of the Treaty, the 
                        remains of citizens of the United 
                        States of America from Mount Hope 
                        Cemetery to such part of Corozal 
                        Cemetery as encompasses such remains, 
                        except that the remains of any citizen 
                        whose next of kin objects in writing to 
                        the Secretary of the Army not later 
                        than three months after the date of 
                        exchange of the instruments of 
                        ratification of the Treaty shall not be 
                        removed; and
                          (ii) transporting to the United 
                        States of America for reinterment, if 
                        the next of kin so requests, not later 
                        than thirty months after the date of 
                        entry into force of the Treaty, any 
                        such remains encompassed by Corozal 
                        Cemetery and, before the date of entry 
                        into force of the Treaty, any remains 
                        removed from Mount Hope Cemetery 
                        pursuant to subclause (i); and
                  (C) shall have fully advised, before the date 
                of entry into force of the Treaty, the next of 
                kin objecting under clause (B)(i) of all 
                available options and their implications.
          (4) To carry out the purposes of Article III of the 
        Treaty of assuring the security, efficiency, and proper 
        maintenance of the Panama Canal, the United States of 
        America and the Republic of Panama, during their 
        respective periods of responsibility for Canal 
        operation and maintenance, shall, unless the amount of 
        the operating revenues of the Canal exceeds the amount 
        needed to carry out the purposes of such Article, use 
        such revenues of the Canal only for purposes consistent 
        with the purposes of Article III.
  (d) Understandings:
          (1) Paragraph 1(c) of Article III of the Treaty shall 
        be construed as requiring, before any adjustment in 
        tolls for use of the Canal, that the effects of any 
        such toll adjustment on the trade patterns of the two 
        Parties shall be given full consideration, including 
        consideration of the following factors in a manner 
        consistent with the regime of neutrality:
                  (A) the costs of operating and maintaining 
                the Panama Canal;
                  (B) the competitive position of the use of 
                the Canal in relation to other means of 
                transportation;
                  (C) the interests of both Parties in 
                maintaining their domestic fleets;
                  (D) the impact of such an adjustment on the 
                various geographical areas of each of the two 
                Parties; and
                  (E) the interests of both Parties in 
                maximizing their international commerce.
        The United States of America and the Republic of Panama 
        shall cooperate in exchanging information necessary for 
        the consideration of such factors.
          (2) The agreement ``to maintain the regime of 
        neutrality established in this Treaty'' in Article IV 
        of the Treaty means that either of the two Parties to 
        the Treaty may, in accordance with its constitutional 
        processes, take unilateral action to defend the Panama 
        Canal against any threat, as determined by the Party 
        taking such action.
          (3) The determination of ``need or emergency'' for 
        the purpose of any vessel of war or auxiliary vessel of 
        the United States of America or the Republic of Panama 
        going to the head of the line of vessels in order to 
        transit the Panama Canal rapidly shall be made by the 
        nation operating such vessel.
          (4) Nothing in the Treaty, in Annex A or B thereto, 
        in the Protocol relating to the Treaty, or in any 
        agreement relating to the Treaty, obligates the United 
        States of America to provide any economic assistance, 
        military grant assistance, security supporting 
        assistance, foreign military sales credits, or 
        international military education and training education 
        and training to the Republic of Panama.
          (5) The President shall include all amendments, 
        conditions, reservations, and understandings 
        incorporated by the Senate in this resolution of 
        ratification in the instrument of ratification to be 
        exchanged with the Government of the Republic of 
        Panama.

Treaty Concerning the Permanent Neutrality and Operation of the Panama 
                               Canal \2\

  The United States of America and the Republic of Panama have 
agreed upon the following:
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    \2\ TIAS 10029.
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                               Article I

  The Republic of Panama declares that the Canal, as an 
international transit waterway, shall be permanently neutral in 
accordance with the regime established in this Treaty. The same 
regime of neutrality shall apply to any other international 
waterway that may be built either partially or wholly in the 
territory of the Republic of Panama.

                               Article II

  The Republic of Panama declares the neutrality of the Canal 
in order that both in time of peace and in time of war it shall 
remain secure and open to peaceful transit by the vessels of 
all nations on terms of entire equality, so that there will be 
no discrimination against any nation, or its citizens or 
subjects, concerning the conditions or charges of transit, or 
for any other reason, and so that the Canal, and therefore the 
Isthmus of Panama, shall not be the target of reprisals in any 
armed conflict between other nations of the world. The 
foregoing shall be subject to the following requirements:
  (a) Payment of tolls and other charges for transit and 
ancillary services, provided they have been fixed in conformity 
with the provisions of Article III(c);
  (b) Compliance with applicable rules and regulations, 
provided such rules and regulations are applied in conformity 
with the provisions of Article III;
  (c) The requirement that transiting vessels commit no acts of 
hostility while in the Canal; and
  (d) Such other conditions and restrictions as are established 
by this Treaty.

                              Article III

  1. For purposes of the security, efficiency and proper 
maintenance of the Canal the following rules shall apply:
          (a) The Canal shall be operated efficiently in 
        accordance with conditions of transit through the 
        Canal, and rules and regulations that shall be just, 
        equitable and reasonable, and limited to those 
        necessary for safe navigation and efficient, sanitary 
        operation of the Canal;
          (b) Ancillary services necessary for transit through 
        the Canal shall be provided;
          (c) Tolls and other charges for transit and ancillary 
        services shall be just, reasonable, equitable and 
        consistent with the principles of international law;
          (d) As a pre-condition of transit, vessels may be 
        required to establish clearly the financial 
        responsibility and guarantees for payment of reasonable 
        and adequate indemnification, consistent with 
        international practice and standards, for damages 
        resulting from acts or omissions of such vessels when 
        passing through the Canal. In the case of vessels owned 
        or operated by a State or for which it has acknowledged 
        responsibility, a certification by that State that it 
        shall observe its obligations under international law 
        to pay for damages resulting from the act or omission 
        of such vessels when passing through the Canal shall be 
        deemed sufficient to establish such financial 
        responsibility;
          (e) Vessels of war and auxiliary vessels of all 
        nations shall at all times be entitled to transit the 
        Canal, irrespective of their internal operation, means 
        of propulsion, origin, destination or armament, without 
        being subjected as a condition of transit, to 
        inspection, search or surveillance. However, such 
        vessels may be required to certify that they have 
        complied with all applicable health, sanitation and 
        quarantine regulations. In addition, such vessels shall 
        be entitled to refuse to disclose their internal 
        operation, origin, armament, cargo or destination. 
        However, auxiliary vessels may be required to present 
        written assurances, certified by an official at a high 
        level of the government of the State requesting the 
        exemption, that they are owned or operated by that 
        government and in this case are being used only on 
        government non-commercial service.
  2. For the purposes of this Treaty, the terms ``Canal,'' 
``vessel of war,'' ``auxiliary vessel,'' ``internal 
operation,'' ``armament'' and ``inspection'' shall have the 
meanings assigned them in Annex A to this Treaty.

                             Article IV \3\

  The United States of America and the Republic of Panama agree 
to maintain the regime of neutrality established in this 
Treaty, which shall be maintained in order that the Canal shall 
remain permanently neutral, notwithstanding the termination of 
any other treaties entered into by the two Contracting Parties.
---------------------------------------------------------------------------
    \3\ In its resolution of ratification to the Treaties the Senate 
included amendments to Article IV and Article VI.
---------------------------------------------------------------------------

                               Article V

  After the termination of the Panama Canal Treaty, only the 
Republic of Panama shall operate the Canal and maintain 
military forces, defense sites and military installations 
within its national territory.

                             Article VI \3\

  1. In recognition of the important contributions of the 
United States of America and of the Republic of Panama to the 
construction, operation, maintenance, and protection and 
defense of the Canal, vessels of war and auxiliary vessels of 
those nations shall, notwithstanding any other provisions of 
this Treaty, be entitled to transit the Canal irrespective of 
their internal operation, means of propulsion, origin, 
destination, armament or cargo carried. Such vessels of war and 
auxiliary vessels will be entitled to transit the Canal 
expeditiously.
  2. The United States of America, so long as it has 
responsibility for the operation of the Canal, may continue to 
provide the Republic of Columbia toll-free transit through the 
Canal for its troops, vessels, and materials of war. 
Thereafter, the Republic of Panama may provide the Republic of 
Columbia and the Republic of Costa Rica with the right of toll-
free transit.

                              Article VII

  1. The United States of America and the Republic of Panama 
shall jointly sponsor a resolution in the Organization of 
American States opening to accession by all nations of the 
world the Protocol to this Treaty whereby all the signatories 
will adhere to the objectives of this Treaty, agreeing to 
respect the regime of neutrality set forth herein.
  2. The Organization of American States shall act as the 
depositary for this Treaty and related instruments.

                              Article VIII

  This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of the two Parties. The 
instruments of ratification of this Treaty shall be exchanged 
at Panama at the same time as the instruments of ratification 
of the Panama Canal Treaty, signed this date, are exchanged. 
This Treaty shall enter into force, simultaneously with the 
Panama Canal Treaty, six calendar months from the date of the 
exchange of the instruments of ratification.

                             [Translation]

  Done at Washington, this 7th day of September, 1977, in the 
English and Spanish languages, both texts being equally 
authentic.
                              ----------                              


                                Annex A

  1. ``Canal'' includes the existing Panama Canal, the 
entrances thereto and the territorial seas of the Republic of 
Panama adjacent thereto, as defined on the map annexed hereto 
(Annex B), and any other inter-oceanic waterway in which the 
United States of America is a participant or in which the 
United States of America has participated in connection with 
the construction or financing, that may be operated wholly or 
partially within the territory of the Republic of Panama, the 
entrances thereto and the territorial seas adjacent thereto.
  2. ``Vessel of war'' means a ship belonging to the naval 
forces of a State, and bearing the external marks 
distinguishing warships of its nationality, under the command 
of an officer duly commissioned by the government and whose 
name appears in the Navy List, and manned by a crew which is 
under regular naval discipline.
  3. ``Auxiliary vessel'' means any ship, not a vessel of war, 
that is owned or operated by a State and used, for the time 
being, exclusively on government non-commercial service.
  4. ``Internal operation'' encompasses all machinery and 
propulsion systems, as well as the management and control of 
the vessel, including its crew. It does not include the 
measures necessary to transit vessels under the control of 
pilots while such vessels are in the Canal.
  5. ``Armament'' means arms, ammunitions, implements of war 
and other equipment of a vessel which possess characteristics 
appropriate for use for warlike purposes.
  6. ``Inspection'' includes on-board examination of vessel 
structure, cargo, armament and internal operation. It does not 
include those measures strictly necessary for admeasurement, 
nor those measures strictly necessary to assure safe, sanitary 
transit and navigation, including examination of deck and 
visual navigation equipment, nor in the case of live cargoes, 
such as cattle or other livestock that may carry communicable 
diseases, those measures necessary to assure that health and 
sanitation requirements are satisfied.

                           [Mapping Graphics]

          * * * * * * *

                             [Translation]

                              ----------                              


    Protocol to the Treaty Concerning the Permanent Neutrality and 
                     Operation of the Panama Canal

  Whereas the maintenance of the neutrality of the Panama Canal 
is important not only to the commerce and security of the 
United States of America and the Republic of Panama, but to the 
peace and security of the Western Hemisphere and to the 
interests of world commerce as well;

  Whereas the regime of neutrality which the United States of 
America and the Republic of Panama have agreed to maintain will 
ensure permanent access to the Canal by vessels of all nations 
on the basis of entire equality; and

  Whereas the said regime of effective neutrality shall 
constitute the best protection for the Canal and shall ensure 
the absence of any hostile act against it;

  The Contracting Parties to this Protocol have agreed upon the 
following:

                               Article I

  The Contracting Parties hereby acknowledge the regime of 
permanent neutrality for the Canal established in the Treaty 
Concerning the Permanent Neutrality and Operation of the Panama 
Canal and associate themselves with its objectives.

                               Article II

  The Contracting Parties agree to observe and respect the 
regime of permanent neutrality of the Canal in time of war as 
in time of peace, and to ensure that vessels of their registry 
strictly observe the applicable rules.

                              Article III

  This Protocol shall be open to accession by all States of the 
world, and shall enter into force for each State at the time of 
deposit of its instrument of accession with the Secretary 
General of the Organization of American States.

                             [Translation]

                              ----------                              


   Protocol of Exchange of Instruments of Ratification Regarding the 
Treaty Concerning the Permanent Neutrality and Operation of the Panama 
                   Canal and the Panama Canal Treaty

    The undersigned, Jimmy Carter, President of the United 
States of America, and Omar Torrijos Herrera, Head of 
Government of the Republic of Panama, in the exercise of their 
respective constitutional authorities, have met for the purpose 
of delivering to each other the instrument of ratification of 
their respective government of the Treaty Concerning the 
Permanent Neutrality and Operation of the Panama Canal and of 
the Panama Canal Treaty (the ``Treaties'').
    The respective instruments of ratification of the Treaties 
have been carefully compared and found to be in due form. 
Delivery of the respective instruments took place this day, it 
being understood and agreed by the United Sates of America and 
the Republic of Panama that, unless the Parties otherwise agree 
through an exchange of Notes in conformity with the resolution 
of the Senate of the United Sates of America of April 18, 1978, 
the exchange of the instruments of ratification shall be 
effective on April 1, 1979, and the date of the exchange of the 
instruments of ratification for the purposes of Article VIII of 
the Treaty Concerning the Permanent Neutrality and Operation of 
the Panama Canal and Article II of the Panama Canal Treaty 
shall therefore be April 1, 1979.
    The ratifications by the Government of the United Sates of 
America of the Treaties recite in their entirety the 
amendments, conditions, reservations and understandings 
contained in the resolution of March 16, 1978, of the Senate of 
the United States of America advising and consenting to 
ratification of the Panama Canal Treaty
    Said amendments, conditions, reservations and 
understandings have been communicated by the Government of the 
United Sates of America to the Government of the Republic of 
Panama. Both governments agree that the Treaties, upon entry 
into force in accordance with their provisions, will be applied 
in accordance with the above-mentioned amendments, conditions, 
reservations and understandings.
    Pursuant to the resolution of the Senate of the United 
States of America of March 16, 1978, the following text 
contained in the instrument of ratification of the United 
States of America of the Treaty Concerning the Permanent 
Neutrality and Operation of the Panama Canal and agreed upon by 
both governments is repeated herewith:

    ``Nothing in the Treaty shall preclude the Republic of 
Panama and the United States of America from making, in 
accordance with their respective constitutional processes, any 
agreement or arrangement between the two countries to 
facilitate performance at any time after December 31, 1999, of 
their responsibilities to maintain the regime of neutrality 
established in the Treaty, including agreements or arrangements 
for the stationing of any United States military forces or the 
maintenance of defense sites after that date in the Republic of 
Panama that the Republic of Panama and the United States of 
America may deem necessary or appropriate.''.
    The Republic of Panama agrees to the exchange of the 
instruments of ratification of the Panama Canal Treaty and of 
the Treaty Concerning the Permanent Neutrality and Operation of 
the Panama Canal on the understanding that there are positive 
rules of public international law contained in multilateral 
treaties to which both the Republic of Panama and the United 
States of America are Parties and which consequently both 
States are bound to implement in good faith, such as Article 1, 
paragraph 2 and Article 2, paragraph 4 of the Charter of the 
United Nations, and Articles 18 and 20 of the Charter of the 
Organization of American States.
    It is also the understanding of the Republic of Panama that 
the actions which either Party may take in the exercise of its 
rights and the fulfillment of its duties in accordance with the 
aforesaid Panama Canal Treaty and the Treaty Concerning the 
Permanent Neutrality and Operation of the Panama Canal, 
including measures to reopen the Canal or to restore its normal 
operation, if it should be interrupted or obstructed, will be 
effected in a manner consistent with the principles of mutual 
respect and cooperation on which the new relationship 
established by those Treaties is based.

    In witness thereof, the respective Plenipotentiaries have 
signed this Protocol of Exchange at Panama, in duplicate, in 
the English and Spanish languages on this sixteenth day of 
June, 1978, both texts being equally authentic.
                      (2) Panama Canal Treaty \1\

 Signed at Washington, September 7, 1977; Ratification advised by the 
  Senate, subject to Reservations and Understandings, April 18, 1978; 
   Ratifications exchanged, June 16, 1978, effective April 1, 1979; 
                  Entered into force, October 1, 1979

            By the President of the United States of America

                             A Proclamation

    Considering that:

    \1\ TIAS 10030. The Panama Canal Treaty terminated on December 31, 
1999. The Panama Canal Act of 1979 (Public Law 96-70), which provided 
implementing legislation for this Treaty, can be found in Legislation 
on Foreign Relations, vol. II-B, sec. G.
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    The Treaty Concerning the Permanent Neutrality and 
Operation of the Panama Canal was signed at Washington on 
September 7, 1977, the text of which is hereto annexed;
    The Senate of the United States of America by its 
resolution of April 18, 1978, two-thirds of the Senators 
present concurring therein, gave its advice and consent to the 
ratification of the Treaty, subject to the following--
  (a) Reservations:
          (1) Pursuant to its adherence to the principle of 
        nonintervention, any action taken by the United States 
        of America in the exercise of its rights to assure that 
        the Panama Canal shall remain open, neutral, secure, 
        and accessible, pursuant to the provisions of the 
        Panama Canal Treaty, the Treaty Concerning the 
        Permanent Neutrality and Operation of the Panama Canal, 
        and the resolutions of ratification thereto, shall be 
        only for the purpose of assuring that the Canal shall 
        remain open, neutral, secure, and accessible, and shall 
        not have as its purpose or be interpreted as a right of 
        intervention in the internal affairs of the Republic of 
        Panama or interference with its political independence 
        or sovereign integrity.
          (2) The instruments of ratification of the Panama 
        Canal Treaty to be exchanged by the United States of 
        America and the Republic of Panama shall each include 
        provisions whereby each party agrees to waive its right 
        and release the other Party from its obligations under 
        paragraph 2 of Article XII of the Treaty.
          (3) Notwithstanding any provision of the Treaty, no 
        funds may be drawn from the Treasury of the United 
        States of America for payment under paragraph 4 of 
        Article XIII without statutory authorization.
          (4) Any accumulated unpaid balance under paragraph 
        4(c) of Article XIII of the Treaty at the date of 
        termination of the Treaty shall be payable only to the 
        extent of any operating surplus in the last year of the 
        duration of the Treaty, and nothing in such paragraph 
        may be construed as obligating the United States of 
        America to pay, after the date of the termination of 
        the Treaty, any such unpaid balance which shall have 
        accrued before such date.
          (5) Exchange of the instruments of ratification of 
        the Panama Canal Treaty and the Treaty Concerning the 
        Permanent Neutrality and Operation of the Panama Canal 
        shall not be effective earlier than March 31, 1979, and 
        such Treaties shall not enter into force prior to 
        October 1, 1979, unless legislation necessary to 
        implement the provisions of the Panama Canal Treaty 
        shall have been enacted by the Congress of the United 
        States of America before March 31, 1979.
          (6) After the date of entry into force of the Treaty, 
        the Panama Canal Commission shall, unless otherwise 
        provided by legislation enacted by the Congress of the 
        United States of America, be obligated to reimburse the 
        Treasury of the United States of America, as nearly as 
        possible, for the interest costs of the funds or other 
        assets directly invested in the Commission by the 
        Government of the United States of America and for the 
        interest cost of the funds or other assets directly 
        invested in the predecessor Panama Canal Company by the 
        Government of the United States of America and not 
        reimbursed before the date of entry into force of the 
        Treaty. Such reimbursement for such interest costs 
        shall be made at a rate determined by the Secretary of 
        the Treasury of the United States of America and at 
        annual intervals to the extent earned, and if not 
        earned, shall be made from subsequent earnings. For 
        purposes of this reservation, the phrase ``funds or 
        other assets directly invested'' shall have the same 
        meaning as the phrase ``net direct investment'' has 
        under section 62 of title 2 of the Canal Zone Code.
  (b) Understandings:
          (1) Before the first day of the three-year period 
        beginning on the date of entry into force of the Treaty 
        and before each three-year period following thereafter, 
        the two Parties shall agree upon specific levels and 
        quality of services, as are referred to in paragraph 5 
        of Article III of the Treaty, to be provided during the 
        following three-year period and, except for the first 
        three-year period, on the reimbursement to be made for 
        the costs of such services, such services to be limited 
        to such as are essential to the effective functioning 
        of the Canal operating areas and the housing areas 
        referred to in paragraph 5 of Article III. If payments 
        made under paragraph 5 of Article III for the preceding 
        three-year period, including the initial three-year 
        period, exceed or are less than the actual costs to the 
        Republic of Panama for supplying, during such period, 
        the specific levels and quality of services agreed 
        upon, then the Panama Canal Commission shall deduct 
        from or add to the payment required to be made to the 
        Republic of Panama for each of the following three 
        years one-third of such excess or deficit, as the case 
        may be. There shall be an independent and binding 
        audit, conducted by an auditor mutually selected by 
        both Parties, of any costs of services disputed by the 
        two Parties pursuant to the reexamination of such costs 
        provided for in this understanding.
          (2) Nothing in paragraph 3, 4, or 5 of Article IV of 
        the Treaty may be construed to limit either the 
        provisions of the first paragraph of Article IV 
        providing that each Party shall act, in accordance with 
        its constitutional processes, to meet danger 
        threatening the security of the Panama Canal, or the 
        provisions of paragraph 2 of Article IV providing that 
        the United States of America shall have primary 
        responsibility to protect and defend the Canal for the 
        duration of the Treaty.
          (3) Nothing in paragraph 4(c) of Article XIII of the 
        Treaty shall be construed to limit the authority of the 
        United States of America, through the United States 
        Government agency called the Panama Canal Commission, 
        to make such financial decisions and incur such 
        expenses as are reasonable and necessary for the 
        management, operation, and maintenance of the Panama 
        Canal. In addition, toll rates established pursuant to 
        paragraph 2(d) of Article III need not be set at levels 
        designed to produce revenues to cover the payment to 
        the Republic of Panama described in paragraph 4(c) of 
        Article III.
          (4) Any agreement concluded pursuant to paragraph 11 
        of Article IX of the Treaty with respect to the 
        transfer of prisoners shall be concluded in accordance 
        with the constitutional processes of both Parties.
          (5) Nothing in the Treaty, in the Annex or Agreed 
        Minute relating to the Treaty, or in any other 
        agreement relating to the Treaty obligates the United 
        States of America to provide any economic assistance, 
        military grant assistance, security supporting 
        assistance, foreign military sales credits, or 
        international military education and training to the 
        Republic of Panama.
          (6) The President shall include all reservations and 
        understandings incorporated by the Senate in this 
        resolution of ratification in the instrument of 
        ratification to be exchanged with the Government of the 
        Republic of Panama.

                          Panama Canal Treaty

  The United States of America and the Republic of Panama,

  Acting in the spirit of the Joint Declaration of April 3, 
1964, by the Representatives of the Governments of the United 
States of America and the Republic of Panama, and of the Joint 
Statement of Principles of February 7, 1974, initialed by the 
Secretary of State of the United States of America and the 
Foreign Minister of the Republic of Panama, and

  Acknowledging the Republic of Panama's sovereignty over its 
territory,

  Have decided to terminate the prior Treaties pertaining to 
the Panama Canal and to conclude a new Treaty to serve as the 
basis for a new relationship between them and, accordingly, 
have agreed upon the following:

  Article I--Abrogation of Prior Treaties and Establishment of a New 
                              Relationship

  1. Upon its entry into force, this Treaty terminates and 
supersedes:
          (a) The Isthmian Canal Convention between the United 
        States of America and the Republic of Panama, signed at 
        Washington, November 18, 1903;
          (b) The Treaty of Friendship and Cooperation, signed 
        at Washington, March 2, 1936, and the Treaty of Mutual 
        Understanding and Cooperation and the related 
        Memorandum of Understandings Reached, signed at Panama, 
        January 25, 1955, between the United States of America 
        and the Republic of Panama;
          (c) All other treaties, conventions, agreements and 
        exchanges of notes between the United States of America 
        and the Republic of Panama concerning the Panama Canal 
        which were in force prior to the entry into force of 
        this Treaty; and
          (d) Provisions concerning the Panama Canal which 
        appear in other treaties, conventions, agreements and 
        exchanges of notes between the United States of America 
        and the Republic of Panama which were in force prior to 
        the entry into force of this Treaty.
  2. In accordance with the terms of this Treaty and related 
agreements, the Republic of Panama, as territorial sovereign, 
grants to the United States of America, for the duration of 
this Treaty, the rights necessary to regulate the transit of 
ships through the Panama Canal, and to manage, operate, 
maintain, improve, protect and defend the Canal. The Republic 
of Panama guarantees to the United States of America the 
peaceful use of the land and water areas which it has been 
granted the rights to use for such purposes pursuant to this 
Treaty and related agreements.
  3. The Republic of Panama shall participate increasingly in 
the management and protection and defense of the Canal, as 
provided in this Treaty.
  4. In view of the special relationship established by this 
Treaty, the United States of America and the Republic of Panama 
shall cooperate to assure the uninterrupted and efficient 
operation of the Panama Canal.

      Article II--Ratification, Entry into Force, and Termination

  1. This Treaty shall be subject to ratification in accordance 
with the constitutional procedures of the two Parties. The 
instruments of ratification of this Treaty shall be exchanged 
at Panama at the same time as the instruments of ratification 
of the Treaty Concerning the Permanent Neutrality and Operation 
of the Panama Canal, signed this date, are exchanged. This 
Treaty shall enter into force, simultaneously with the Treaty 
Concerning the Permanent Neutrality and Operation of the Panama 
Canal, six calendar months from the date of the exchange of the 
instruments of ratification.
  2. This Treaty shall terminate at noon, Panama time, December 
31, 1999.

              Article III--Canal Operation and Management

  1. The Republic of Panama, as territorial sovereign, grants 
to the United States of America the rights to manage, operate, 
and maintain the Panama Canal, its complementary works, 
installations and equipment and to provide for the orderly 
transit of vessels through the Panama Canal. The United States 
of America accepts the grant of such rights and undertakes to 
exercise them in accordance with this Treaty and related 
agreements.
  2. In carrying out the foregoing responsibilities, the United 
States of America may:
          (a) Use for the aforementioned purposes, without cost 
        except as provided in this Treaty, the various 
        installations and areas (including the Panama Canal) 
        and waters, described in the Agreement in 
        Implementation of this Article, signed this date, as 
        well as such other areas and installations as are made 
        available to the United States of America under this 
        Treaty and related agreements, and take the measures 
        necessary to ensure sanitation of such areas;
          (b) Make such improvements and alterations to the 
        aforesaid installations and areas as it deems 
        appropriate, consistent with the terms of this Treaty;
          (c) Make and enforce all rules pertaining to the 
        passage of vessels through the Canal and other rules 
        with respect to navigation and maritime matters, in 
        accordance with the Treaty and related agreements. The 
        Republic of Panama will lend its cooperation, when 
        necessary, in the enforcement of such rules;
          (d) Establish, modify, collect and retain tolls for 
        the use of the Panama Canal, and other charges, and 
        establish and modify methods of their assessment;
          (e) Regulate relations with employees of the United 
        States Government;
          (f) Provide supporting services to facilitate the 
        performance of its responsibilities under this Article;
          (g) Issue and enforce regulations for the effective 
        exercise of the rights and responsibilities of the 
        United States of America under this Treaty and related 
        agreements. The Republic of Panama will lend its 
        cooperation, when necessary, in the enforcement of such 
        rules; and
          (h) Exercise any other right granted under this 
        Treaty, or otherwise agreed upon between the two 
        Parties.
  3. Pursuant to the foregoing grant of rights, the United 
States of America shall, in accordance with the terms of this 
Treaty and the provisions of United States law, carry out its 
responsibilities by means of a United States Government agency 
called the Panama Canal Commission, which shall be constituted 
by and in conformity with the laws of the United States of 
America.
          (a) The Panama Canal Commission shall be supervised 
        by a Board composed of nine members, five of whom shall 
        be nationals of the United States of America, and four 
        of whom shall be Panamanian nationals proposed by the 
        Republic of Panama for appointment to such positions by 
        the United States of America in a timely manner.
          (b) Should the Republic of Panama request the United 
        States of America to remove a Panamanian national from 
        membership on the Board, the United States of America 
        shall agree to such request. In that event, the 
        Republic of Panama shall propose another Panamanian 
        national for appointment by the United States of 
        America to such position in a timely manner. In case of 
        removal of a Panamanian member of the Board at the 
        initiative of the United States of America, both 
        Parties will consult in advance in order to reach 
        agreement concerning such removal, and the Republic of 
        Panama shall propose another Panamanian national for 
        appointment by the United States of America in his 
        stead.
          (c) The United States of America shall employ a 
        national of the United States of America as 
        Administrator of the Panama Canal Commission, and a 
        Panamanian national as Deputy Administrator, through 
        December 31, 1989. Beginning January 1, 1990, a 
        Panamanian national shall be employed as the 
        Administrator and a national of the United States of 
        America shall occupy the position of Deputy 
        Administrator. Such Panamanian nationals shall be 
        proposed to the United States of America by the 
        Republic of Panama for appointment to such positions by 
        the United States of America.
          (d) Should the United States of America remove the 
        Panamanian national from his position as Deputy 
        Administrator, or Administrator, the Republic of Panama 
        shall propose another Panamanian national for 
        appointment to such position by the United States of 
        America.
  4. An illustrative description of the activities the Panama 
Canal Commission will perform in carrying out the 
responsibilities and rights of the United States of America 
under this Article is set forth at the Annex. Also set forth in 
the Annex are procedures for the discontinuance or transfer of 
those activities performed prior to the entry into force of 
this Treaty by the Panama Canal Company or the Canal Zone 
Government which are not to be carried out by the Panama Canal 
Commission.
  5. The Panama Canal Commission shall reimburse the Republic 
of Panama for the costs incurred by the Republic of Panama in 
providing the following public services in the Canal operating 
areas and in housing areas set forth in the Agreement in 
Implementation of Article III of this Treaty and occupied by 
both United States and Panamanian citizen employees of the 
Panama Canal Commission: police, fire protection, street 
maintenance, street lighting, street cleaning, traffic 
management and garbage collection. The Panama Canal Commission 
shall pay the Republic of Panama the sum of ten million United 
States dollars ($10,000,000) per annum for the foregoing 
services. It is agreed that every three years from the date 
that this Treaty enters into force, the costs involved in 
furnishing said services shall be reexamined to determine 
whether adjustment of the annual payment should be made because 
of inflation and other relevant factors affecting the cost of 
such services.
  6. The Republic of Panama shall be responsible for providing, 
in all areas comprising the former Canal Zone, services of a 
general jurisdictional nature such as customs and immigration, 
postal services, courts and licensing, in accordance with this 
Treaty and related agreements.
  7. The United States of America and the Republic of Panama 
shall establish a Panama Canal Consultative Committee, composed 
of an equal number of high-level representatives of the United 
States of America and the Republic of Panama, and which may 
appoint such subcommittees as it may deem appropriate. This 
Committee shall advise the United States of America and the 
Republic of Panama on matters of policy affecting the Canal's 
operation. In view of both Parties' special interest in the 
continuity and efficiency of the Canal operation in the future, 
the Committee shall advise on matters such as general tolls 
policy, employment and training policies to increase the 
participation of Panamanian nationals in the operation of the 
Canal, and international policies on matters concerning the 
Canal. The Committee's recommendation shall be transmitted to 
the two Governments, which shall give such recommendations full 
consideration in the formulation of such policy decisions.
  8. In addition to the participation of Panamanian nationals 
at high management levels of the Panama Canal Commission, as 
provided for in paragraph 3 of this Article, there shall be 
growing participation of Panamanian nationals at all other 
levels and areas of employment in the aforesaid commission, 
with the objective of preparing, in an orderly and efficient 
fashion, for the assumption by the Republic of Panama of full 
responsibility for the management, operation and maintenance of 
the Canal upon the termination of this Treaty.
  9. The use of the areas, waters and installations with 
respect to which the United States of America is granted rights 
pursuant to this Article, and the rights and legal status of 
United States Government agencies and employees operating in 
the Republic of Panama pursuant to this Article, shall be 
governed by the Agreement in Implementation of this Article, 
signed this date.
  10. Upon entry into force of this Treaty, the United States 
Government agencies known as the Panama Canal Company and the 
Canal Zone Government shall cease to operate within the 
territory of the Republic of Panama that formerly constituted 
the Canal Zone.

                   Article IV--Protection and Defense

  1. The United States of America and the Republic of Panama 
commit themselves to protect and defend the Panama Canal. Each 
Party shall act, in accordance with its constitutional 
processes, to meet the danger resulting from an armed attack or 
other actions which threaten the security of the Panama Canal 
or of ships transiting it.
  2. For the duration of this Treaty, the United States of 
America shall have primary responsibility to protect and defend 
the Canal. The rights of the United States of America to 
station, train, and move military forces within the Republic of 
Panama are described in the Agreement in Implementation of this 
Article, signed this date. The use of areas and installations 
and the legal status of the armed forces of the United States 
of America in the Republic of Panama shall be governed by the 
aforesaid Agreement.
  3. In order to facilitate the participation and cooperation 
of the armed forces of both Parties in the protection and 
defense of the Canal, the United States of America and the 
Republic of Panama shall establish a Combined Board comprised 
of an equal number of senior military representatives of each 
party. These representatives shall be charged by their 
respective governments with consulting and cooperating on all 
matters pertaining to the protection and defense of the Canal, 
and with planning for actions to be taken in concert for that 
purpose. Such combined protection and defense arrangements 
shall not inhibit the identity or lines of authority of the 
armed forces of the United States of America or the Republic of 
Panama. The Combined Board shall provide for coordination and 
cooperation concerning such matters as:
          (a) The preparation of contingency plans for the 
        protection and defense of the Canal based upon the 
        cooperative efforts of the armed forces of both 
        Parties;
          (b) The planning and conduct of combined military 
        exercises; and
          (c) The conduct of United States and Panamanian 
        military operations with respect to the protection and 
        defense of the Canal.
  4. The Combined Board shall, at five-year intervals 
throughout the duration of this Treaty, review the resources 
being made available by the two Parties for the protection and 
defense of the Canal. Also, the Combined Board shall make 
appropriate recommendations to the two Governments respecting 
projected requirements, the efficient utilization of available 
resources of the two Parties, and other matters of mutual 
interest with respect to the protection and defense of the 
Canal.
  5. To the extent possible consistent with its primary 
responsibility for the protection and defense of the Panama 
Canal, the United States of America will endeavor to maintain 
its armed forces in the Republic of Panama in normal times at a 
level not in excess of that of the armed forces of the United 
States of America in the territory of the former Canal Zone 
immediately prior to the entry into force of this Treaty.

                Article V--Principle of Non-Intervention

  Employees of the Panama Canal Commission, their dependents 
and designated contractors of the Panama Canal Commission, who 
are nationals of the United States of America, shall respect 
the laws of the Republic of Panama and shall abstain from any 
activity incompatible with the spirit of this Treaty. 
Accordingly, they shall abstain from any political activity in 
the Republic of Panama as well as from any intervention in the 
internal affairs of the Republic of Panama. The United States 
of America shall take all measures within its authority to 
ensure that the provisions of this Article are fulfilled.

               Article VI--Protection of the Environment

  1. The United States of America and the Republic of Panama 
commit themselves to implement this Treaty in a manner 
consistent with the protection of the natural environment of 
the Republic of Panama. To this end, they shall consult and 
cooperate with each other in all appropriate ways to ensure 
that they shall give due regard to the protection and 
conservation of the environment.
  2. A Joint Commission on the Environment shall be established 
with equal representation from the United States of America and 
the Republic of Panama, which shall periodically review the 
implementation of this Treaty and shall recommend as 
appropriate to the two Governments ways to avoid or, should 
this not be possible, to mitigate the adverse environmental 
impacts which result from their respective actions pursuant to 
the Treaty.
  3. The United States of America and the Republic of Panama 
shall furnish the Joint Commission on the Environment complete 
information on any action taken in accordance with this Treaty 
which, in the judgment of both, might have a significant effect 
on the environment. Such information shall be made available to 
the Commission as far in advance of the contemplated action as 
possible to facilitate the study by the Commission of any 
potential environmental problems and to allow for consideration 
of the recommendation of the Commission before the contemplated 
action is carried out.

                           Article VII--Flags

  1. The entire territory of the Republic of Panama, including 
the areas the use of which the Republic of Panama makes 
available to the United States of America pursuant to this 
Treaty and related agreements, shall be under the flag of the 
Republic of Panama, and consequently such flag always shall 
occupy the position of honor.
  2. The flag of the United States of America may be displayed, 
together with the flag of the Republic of Panama, at the 
headquarters of the Panama Canal Commission, at the site of the 
Combined Board and as provided in the Agreement in 
Implementation of Article IV of this Treaty.
  3. The flag of the United States of America also may be 
displayed at other places and on some occasions, as agreed by 
both Parties.

                Article VIII--Privileges and Immunities

  1. The installations owned or used by the agencies or 
instrumentalities of the United States of America operating in 
the Republic of Panama pursuant to this Treaty and related 
agreements, and their official archives and documents, shall be 
inviolable. The two Parties shall agree on procedures to be 
followed in the conduct of any criminal investigation at such 
locations by the Republic of Panama.
  2. Agencies and instrumentalities of the Government of the 
United States of America operating in the Republic of Panama 
pursuant to this Treaty and related agreements shall be immune 
from the jurisdiction of the Republic of Panama.
  3. In addition to such other privileges and immunities as are 
afforded to employees of the United States Government and their 
dependents pursuant to this Treaty, the United States of 
America may designate up to twenty officials of the Panama 
Canal Commission who, along with their dependents, shall enjoy 
the privileges and immunities accorded to diplomatic agents and 
their dependents under international law and practice. The 
United States of America shall furnish to the Republic of 
Panama a list of the names of said officials and their 
dependents, identifying the positions they occupy in the 
Government of the United States of America, and shall keep such 
list current at all times.

            Article IX--Applicable Laws and Law Enforcement

  1. In accordance with the provisions of this Treaty and 
related agreements, the law of the Republic of Panama shall 
apply in the areas made available for the use of the United 
States of America pursuant to this Treaty. The law of the 
Republic of Panama shall be applied to matters or events which 
occurred in the former Canal Zone prior to the entry into force 
of this Treaty only to the extent specifically provided in 
prior treaties and agreements.
  2. Natural or juridical persons who, on the date of entry 
into force of this Treaty, are engaged in business or non-
profit activities at locations in the former Canal Zone may 
continue such business or activities at those locations under 
the same terms and conditions prevailing prior to the entry 
into force of this Treaty for a thirty-month transition period 
from its entry into force. The Republic of Panama shall 
maintain the same operating conditions as those applicable to 
the aforementioned enterprises prior to the entry into force of 
this Treaty in order that they may receive licenses to do 
business in the Republic of Panama subject to their compliance 
with the requirements of its law. Thereafter, such persons 
shall receive the same treatment under the law of the Republic 
of Panama as similar enterprises already established in the 
rest of the territory of the Republic of Panama without 
discrimination.
  3. The rights of ownership, as recognized by the United 
States of America, enjoyed by natural or juridical private 
persons in buildings and other improvements to real property 
located in the former Canal Zone shall be recognized by the 
Republic of Panama in conformity with its laws.
  4. With respect to buildings and other improvements to real 
property located in the Canal operating areas, housing areas or 
other areas subject to the licensing procedure established in 
Article IV of the Agreement in Implementation of Article III of 
this Treaty, the owners shall be authorized to continue using 
the land upon which their property is located in accordance 
with the procedures established in that Article.
  5. With respect to buildings and other improvements to real 
property located in areas of the former Canal Zone to which the 
aforesaid licensing procedure is not applicable, or may cease 
to be applicable during the lifetime or upon termination of 
this Treaty, the owners may continue to use the land upon which 
their property is located, subject to the payment of a 
reasonable charge to the Republic of Panama. Should the 
Republic of Panama decide to sell such land, the owners of the 
buildings or other improvements located thereon shall be 
offered a first option to purchase such land at a reasonable 
cost. In the case of non-profit enterprises, such as churches 
and fraternal organizations, the cost of purchase will be 
nominal in accordance with the prevailing practice in the rest 
of the territory of the Republic of Panama.
  6. If any of the aforementioned persons are required by the 
Republic of Panama to discontinue their activities or vacate 
their property for public purposes, they shall be compensated 
at fair market value by the Republic of Panama.
  7. The provisions of paragraphs 26 above shall apply to 
natural or juridical persons who have been engaged in business 
or non-profit activities at locations in the former Canal Zone 
for at least six months prior to the date of signature of this 
Treaty.
  8. The Republic of Panama shall not issue, adopt or enforce 
any law, decree, regulation, or international agreement or take 
any other action which purports to regulate or would otherwise 
interfere with the exercise on the part of the United States of 
America of any right granted under this Treaty or related 
agreements.
  9. Vessels transiting the Canal, and cargo, passengers and 
crews carried on such vessels shall be exempt from any taxes, 
fees, or other charges by the Republic of Panama. However, in 
the event such vessels call at a Panamanian port, they may be 
assessed charges incident thereto, such as charges for services 
provided to the vessel. The Republic of Panama may also require 
the passengers and crew disembarking from such vessels to pay 
such taxes, fees and charges as are established under 
Panamanian law for persons entering its territory. Such taxes, 
fees and charges shall be assessed on a nondiscriminatory 
basis.
  10. The United States of America and the Republic of Panama 
will cooperate in taking such steps as may from time to time be 
necessary to guarantee the security of the Panama Canal 
Commission, its property, its employees and their dependents, 
and their property, the Forces of the United States of America 
and the members thereof, the civilian component of the United 
States Forces, the dependents of members of the Forces and the 
civilian components, and their property, and the contractors of 
the Panama Canal Commission and of the United States Forces, 
their dependents, and their property. The Republic of Panama 
will seek from its Legislative Branch such legislation as may 
be needed to carry out the foregoing purposes and to punish any 
offenders.
  11. The Parties shall conclude an agreement whereby nationals 
of either State, who are sentenced by the courts of the other 
State, and who are not domiciled therein, may elect to serve 
their sentences in their State of nationality.

         Article X--Employment with the Panama Canal Commission

  1. In exercising its rights and fulfilling its 
responsibilities as the employer, the United States of America 
shall establish employment and labor regulations which shall 
contain the terms, conditions and prerequisites for all 
categories of employees of the Panama Canal Commission. These 
regulations shall be provided to the Republic of Panama prior 
to their entry into force.
  2. (a) The regulations shall establish a system of preference 
when hiring employees, for Panamanian applicants possessing the 
skills and qualifications required for employment by the Panama 
Canal Commission. The United States of America shall endeavor 
to ensure that the number of its employees will conform to the 
proportion established for foreign enterprises under the law of 
the Republic of Panama.
  (b) The terms and conditions of employment to be established 
will in general be no less favorable to persons already 
employed by the Panama Canal Company or Canal Zone Government 
prior to the entry into force of this Treaty, than those in 
effect immediately prior to that date.
  3. (a) The United States of America shall establish an 
employment policy for the Panama Canal Commission that shall 
generally limit the recruitment of personnel outside of the 
Republic of Panama to persons possessing requisite skills and 
qualifications which are not available in the Republic of 
Panama.
  (b) The United States of America will establish training 
programs for Panamanian employees and apprentices in order to 
increase the number of Panamanian nationals qualified to assume 
positions with the Panama Canal Commission, as positions become 
available.
  (c) Within five years from the entry into force of this 
Treaty, the number of United States nationals employed by the 
Panama Canal Commission who were previously employed by the 
Panama Canal Company shall be at least twenty percent less than 
the total number of United States nationals working for the 
Panama Canal Company immediately prior to the entry into force 
of this Treaty.
  (d) The United States of America shall periodically inform 
the Republic of Panama, through the Coordinating Committee, 
established pursuant to the Agreement in Implementation of 
Article III of this Treaty, of available positions within the 
Panama Canal Commission. The Republic of Panama shall similarly 
provide the United States of America any information it may 
have as to the availability of Panamanian nationals claiming to 
have skills and qualifications that might be required by the 
Panama Canal Commission, in order that the United States of 
America may take this information into account.
  4. The United States of America will establish qualification 
standards for skills, training and experience required by the 
Panama Canal Commission. In establishing such standards, to the 
extent they include a requirement for a professional license, 
the United States of America, without prejudice to its right to 
require additional professional skills and qualifications, 
shall recognize the professional licenses issued by the 
Republic of Panama.
  5. The United States of America shall establish a policy for 
the periodic rotation, at a maximum of every five years, of 
United States citizen employees and other non-Panamanian 
employees, hired after the entry into force of this Treaty. It 
is recognized that certain exceptions to the said policy of 
rotation may be made for sound administrative reasons, such as 
in the case of employees holding positions requiring certain 
non-transferable or nonrecruitable skills.
  6. With regard to wages and fringe benefits, there shall be 
no discrimination on the basis of nationality, sex, or race. 
Payments by the Panama Canal Commission of additional 
remuneration, or the provision of other benefits, such as home 
leave benefits, to United States nationals employed prior to 
entry into force of this Treaty, or to persons of any 
nationality, including Panamanian nationals who are thereafter 
recruited outside of the Republic of Panama and who change 
their place of residence, shall not be considered to be 
discrimination for the purpose of this paragraph.
  7. Persons employed by the Panama Canal Company or Canal Zone 
Government prior to the entry into force of this Treaty, who 
are displaced from their employment as a result of the 
discontinuance by the United States of America of certain 
activities pursuant to this Treaty, will be placed by the 
United States of America, to the maximum extent feasible, in 
other appropriate jobs with the Government of the United States 
in accordance with United States Civil Service regulations. For 
such persons who are not United States nationals, placement 
efforts will be confined to United States Government activities 
located within the Republic of Panama. Likewise, persons 
previously employed in activities for which the Republic of 
Panama assumes responsibility as a result of this Treaty will 
be continued in their employment to the maximum extent feasible 
by the Republic of Panama. The Republic of Panama shall, to the 
maximum extent feasible, ensure that the terms and conditions 
of employment applicable to personnel employed in the 
activities for which it assumes responsibility are no less 
favorable than those in effect immediately prior to the entry 
into force of this Treaty. Non-United States nationals employed 
by the Panama Canal Company or Canal Zone Government prior to 
the entry into force of this Treaty who are involuntarily 
separated from their positions because of the discontinuance of 
an activity by reason of this Treaty, who are not entitled to 
an immediate annuity under the United States Civil Service 
Retirement System, and for whom continued employment in the 
Republic of Panama by the Government of the United States of 
America is not practicable, will be provided special job 
placement assistance by the Republic of Panama for employment 
in positions for which they may be qualified by experience and 
training.
  8. The Parties agree to establish a system whereby the Panama 
Canal Commission may, if deemed mutually convenient or 
desirable by the two Parties, assign certain employees of the 
Panama Canal Commission, for a limited period of time, to 
assist in the operation of activities transferred to the 
responsibility of the Republic of Panama as a result of this 
Treaty or related agreements. The salaries and other costs of 
employment of any such persons assigned to provide such 
assistance shall be reimbursed to the United States of America 
by the Republic of Panama.
  9. (a) The right of employees to negotiate collective 
contracts with the Panama Canal Commission is recognized. Labor 
relations with employees of the Panama Canal Commission shall 
be conducted in accordance with forms of collective bargaining 
established by the United States of America after consultation 
with employee unions.
  (b) Employee unions shall have the right to affiliate with 
international labor organizations.
  10. The United States of America will provide an appropriate 
early optional retirement program for all persons employed by 
the Panama Canal Company or Canal Zone Government immediately 
prior to the entry into force of this Treaty. In this regard, 
taking into account the unique circumstances created by the 
provisions of this Treaty, including its duration, and their 
effect upon such employees, the United States of America shall, 
with respect to them:
  (a) determine that conditions exist which invoke applicable 
United States law permitting early retirement annuities and 
apply such law for a substantial period of the duration of the 
Treaty;
  (b) seek special legislation to provide more liberal 
entitlement to, and calculation of, retirement annuities than 
is currently provided for by law.

            Article XI--Provisions for the Transition Period

  1. The Republic of Panama shall reassume plenary jurisdiction 
over the former Canal Zone upon entry into force of this Treaty 
and in accordance with its terms. In order to provide for an 
orderly transition to the full application of the 
jurisdictional arrangements established by this Treaty and 
related agreements, the provisions of this Article shall become 
applicable upon the date this Treaty enters into force, and 
shall remain in effect for thirty calendar months. The 
authority granted in this Article to the United States of 
America for this transition period shall supplement, and is not 
intended to limit, the full application and effect of the 
rights and authority granted to the United States of America 
elsewhere in this Treaty and in related agreements.
  2. During this transition period, the criminal and civil laws 
of the United States of America shall apply concurrently with 
those of the Republic of Panama in certain of the areas and 
installations made available for the use of the United States 
of America pursuant to this Treaty, in accordance with the 
following provisions:
          (a) The Republic of Panama permits the authorities of 
        the United States of America to have the primary right 
        to exercise criminal jurisdiction over United States 
        citizen employees of the Panama Canal Commission and 
        their dependents, and members of the United States 
        Forces and civilian component and their dependents, in 
        the following cases:
                  (i) for any offense committed during the 
                transition period within such areas and 
                installations, and
                  (ii) for any offense committed prior to that 
                period in the former Canal Zone.
  The Republic of Panama shall have the primary right to 
exercise jurisdiction over all other offenses committed by such 
persons, except as otherwise provided in this Treaty and 
related agreements or as may be otherwise agreed.
          (b) Either Party may waive its primary right to 
        exercise jurisdiction in a specific case or category of 
        cases.
  3. The United States of America shall retain the right to 
exercise jurisdiction in criminal cases relating to offenses 
committed prior to the entry into force of this Treaty in 
violation of the laws applicable in the former Canal Zone.
  4. For the transition period, the United States of America 
shall retain police authority and maintain a police force in 
the aforementioned areas and installations. In such areas, the 
police authorities of the United States of America may take 
into custody any person not subject to their primary 
jurisdiction if such person is believed to have committed or to 
be committing an offense against applicable laws or 
regulations, and shall promptly transfer custody to the police 
authorities of the Republic of Panama. The United States of 
America and the Republic of Panama shall establish joint police 
patrols in agreed areas. Any arrests conducted by a joint 
patrol shall be the responsibility of the patrol member or 
members representing the Party having primary jurisdiction over 
the person or persons arrested.
  5. The courts of the United States of America and related 
personnel, functioning in the former Canal Zone immediately 
prior to the entry into force of this Treaty may continue to 
function during the transition period for the judicial 
enforcement of the jurisdiction to be exercised by the United 
States of America in accordance with this Article.
  6. In civil cases, the civilian courts of the United States 
of America in the Republic of Panama shall have no jurisdiction 
over new cases of a private civil nature, but shall retain full 
jurisdiction during the transition period to dispose of any 
civil cases, including admiralty cases, already instituted and 
pending before the courts prior to the entry into force of this 
Treaty.
  7. The laws, regulations, and administrative authority of the 
United States of America applicable in the former Canal Zone 
immediately prior to the entry into force of this Treaty shall, 
to the extent not inconsistent with this Treaty and related 
agreements, continue in force for the purpose of the exercise 
by the United States of America of law enforcement and judicial 
jurisdiction only during the transition period. The United 
States of America may amend, repeal or otherwise change such 
laws, regulations and administrative authority. The two Parties 
shall consult concerning procedural and substantive matters 
relative to the implementation of this Article, including the 
disposition of cases pending at the end of the transition 
period and, in this respect, may enter into appropriate 
agreements by an exchange of notes or other instrument.
  8. During this transition period, the United States of 
America may continue to incarcerate individuals in the areas 
and installations made available for the use of United States 
of America by the Republic of Panama pursuant to this Treaty 
and related agreements, or to transfer them to penal facilities 
in the United States of America to serve their sentences.

        Article XII--A Sea-Level Canal or a Third Lane of Locks

  1. The United States of America and the Republic of Panama 
recognize that a sea-level canal may be important for 
international navigation in the future. Consequently, during 
the duration of this Treaty, both Parties commit themselves to 
study jointly the feasibility of a sea-level canal in the 
Republic of Panama, and in the event they determine that such a 
waterway is necessary, they shall negotiate terms, agreeable to 
both Parties, for its construction.
  2. The United States of America and the Republic of Panama 
agree on the following:
          (a) No new interoceanic canal shall be constructed in 
        the territory of the Republic of Panama during the 
        duration of this Treaty, except in accordance with the 
        provisions of this Treaty, or as the two Parties may 
        otherwise agree; and
          (b) During the duration of this Treaty, the United 
        States of America shall not negotiate with third States 
        for the right to construct an interoceanic canal on any 
        other route in the Western Hemisphere, except as the 
        two Parties may otherwise agree.
  3. The Republic of Panama grants to the United States of 
America the right to add a third lane of locks to the existing 
Panama Canal. This right may be exercised at any time during 
the duration of this Treaty, provided that the United States of 
America has delivered to the Republic of Panama copies of the 
plans for such construction.
  4. In the event the United States of America exercises the 
right granted in paragraph 3 above, it may use for that 
purpose, in addition to the areas otherwise made available to 
the United States of America pursuant to this Treaty, such 
other areas as the two Parties may agree upon. The terms and 
conditions applicable to Canal operating areas made available 
by the Republic of Panama for the use of the United States of 
America pursuant to Article III of this Treaty shall apply in a 
similar manner to such additional areas.
  5. In the construction of the aforesaid works, the United 
States of America shall not use nuclear excavation techniques 
without the previous consent of the Republic of Panama.

   Article XIII--Property Transfer and Economic Participation by the 
                           Republic of Panama

  1. Upon termination of this Treaty, the Republic of Panama 
shall assume total responsibility for the management, 
operation, and maintenance of the Panama Canal, which shall be 
turned over in operating condition and free of liens and debts, 
except as the two Parties may otherwise agree.
  2. The United States of America transfers, without charge, to 
the Republic of Panama all right, title and interest the United 
States of America may have with respect to all real property, 
including nonremovable improvements thereon, as set forth 
below:
          (a) Upon the entry into force of this Treaty, the 
        Panama Railroad and such property that was located in 
        the former Canal Zone but that is not within the land 
        and water areas the use of which is made available to 
        the United States of America pursuant to this Treaty. 
        However, it is agreed that the transfer on such date 
        shall not include buildings and other facilities, 
        except housing, the use of which is retained by the 
        United States of America pursuant to this Treaty and 
        related agreements, outside such areas;
          (b) Such property located in an area of a portion 
        thereof at such time as the use by the United States of 
        America of such area or portion thereof ceases pursuant 
        to agreement between the two Parties.
          (c) Housing units made available for occupancy by 
        members of the Armed Forces of the Republic of Panama 
        in accordance with paragraph 5(b) of Annex B to the 
        Agreement in Implementation of Article IV of this 
        Treaty at such time as such units are made available to 
        the Republic of Panama.
          (d) Upon termination of this Treaty, all real 
        property and non-removable improvements that were used 
        by the United States of America for the purposes of 
        this Treaty and related agreements and equipment 
        related to the management, operation and maintenance of 
        the Canal remaining in the Republic of Panama.
  3. The Republic of Panama agrees to hold the United States of 
America harmless with respect to any claims which may be made 
by third parties relating to rights, title and interest in such 
property.
  4. The Republic of Panama shall receive, in addition, from 
the Panama Canal Commission a just and equitable return on the 
national resources which it has dedicated to the efficient 
management, operation, maintenance, protection and defense of 
the Panama Canal, in accordance with the following:
          (a) An annual amount to be paid out of Canal 
        operating revenues computed at a rate of thirty 
        hundredths of a United States dollar ($0.30) per Panama 
        Canal net ton, or its equivalency, for each vessel 
        transiting the Canal after the entry into force of this 
        Treaty, for which tolls are charged. The rate of thirty 
        hundredths of a United States dollar ($0.30) per Panama 
        Canal net ton, or its equivalency, will be adjusted to 
        reflect changes in the United States wholesale price 
        index for total manufactured goods during biennial 
        periods. The first adjustment shall take place five 
        years after entry into force of this Treaty, taking 
        into account the changes that occurred in such price 
        index during the preceding two years. Thereafter, 
        successive adjustments shall take place at the end of 
        each biennial period. If the United States of America 
        should decide that another indexing method is 
        preferable, such method shall be proposed to the 
        Republic of Panama and applied if mutually agreed.
          (b) A fixed annuity of ten million United States 
        dollars ($10,000,000) to be paid out of Canal operating 
        revenues. This amount shall constitute a fixed expense 
        of the Panama Canal Commission.
          (c) An annual amount of up to ten million United 
        States dollars ($10,000,000) per year, to be paid out 
        of Canal operating revenues to the extent that such 
        revenues exceed expenditures of the Panama Canal 
        Commission including amounts paid pursuant to this 
        Treaty. In the event Canal operating revenues in any 
        year do not produce a surplus sufficient to cover this 
        payment, the unpaid balance shall be paid from 
        operating surpluses in future years in a manner to 
        mutually agreed.

                  Article XIV--Settlement of Disputes

  In the event that any question should arise between the 
Parties concerning the interpretation of this Treaty or related 
agreements, they shall make every effort to resolve the matter 
through consultation in the appropriate committees established 
pursuant to this Treaty and related agreements, or, if 
appropriate, through diplomatic channels. In the event the 
Parties are unable to resolve a particular matter through such 
means, they may, in appropriate cases, agree to submit the 
matter to conciliation, mediation, arbitration, or such other 
procedure for the peaceful settlement of the dispute as they 
may mutually deem appropriate.

                             [Translation]

  Done at Washington, this 7th day of September, 1977, in 
duplicate, in the English and Spanish languages, both texts 
being equally authentic.
                              ----------                              


                                 Annex

 Procedures for the Cessation or Transfer of Activities Carried out by 
the Panama Canal Company and the Canal Zone Government and Illustrative 
    List of the Functions that may be Performed by the Panama Canal 
                               Commission

  1. The laws of the Republic of Panama shall regulate the 
exercise of private economic activities within the areas made 
available by the Republic of Panama for the use of the United 
States of America pursuant to this Treaty. Natural or juridical 
persons who, at least six months prior to the date of signature 
of this Treaty, were legally established and engaged in the 
exercise of economic activities in the former Canal Zone, may 
continue such activities in accordance with the provisions of 
paragraphs 2-7 of Article IX of this Treaty.
  2. The Panama Canal Commission shall not perform governmental 
or commercial functions as stipulated in paragraph 4 of this 
Annex, provided, however, that this shall not be deemed to 
limit in any way the right of the United States of America to 
perform those functions that may be necessary for the efficient 
management, operation and maintenance of the Canal.
  3. It is understood that the Panama Canal Commission, in the 
exercise of the rights of the United States of America with 
respect to the management, operation and maintenance of the 
Canal, may perform functions such as are set forth below by way 
of illustration:
          a. Management of the Canal enterprise.
          b. Aids to navigation in Canal waters and in 
        proximity thereto.
          c. Control of vessel movement.
          d. Operation and maintenance of the locks.
          e. Tug service for the transit of vessels and 
        dredging for the piers and docks of the Panama Canal 
        Commission.
          f. Control of the water levels in Gatun, Alajuela 
        (Madden) and Miraflores Lakes.
          g. Non-commercial transportation services in Canal 
        waters.
          h. Meteorological and hydrographic services.
          i. Admeasurement.
          j. Non-commercial motor transportation and 
        maintenance.
          k. Industrial security through the use of watchmen.
          l. Procurement and warehousing.
          m. Telecommunications.
          n. Protection of the environment by preventing and 
        controlling the spillage of oil and substances harmful 
        to human or animal life and of the ecological 
        equilibrium in areas used in operation of the Canal and 
        the anchorages.
          o. Non-commercial vessel repair.
          p. Air conditioning services in Canal installations.
          q. Industrial sanitation and health services.
          r. Engineering design, construction and maintenance 
        of Panama Canal Commission installations.
          s. Dredging of the Canal channel, terminal ports and 
        adjacent waters.
          t. Control of the banks and stabilizing of the slopes 
        of the Canal.
          u. Non-commercial handling of cargo on the piers and 
        docks of the Panama Canal Commission.
          v. Maintenance of public areas of the Panama Canal 
        Commission, such as parks and gardens.
          w. Generation of electric power.
          x. Purification and supply of water.
          y. Marine salvage in Canal waters.
          z. Such other functions as may be necessary or 
        appropriate to carry out, in conformity with this 
        Treaty and related agreements, the rights and 
        responsibilities of the United States of America with 
        respect to the management, operation and maintenance of 
        the Panama Canal.
  4. The following activities and operations carried out by the 
Panama Canal Company and the Canal Zone Government shall not be 
carried out by the Panama Canal Commission, effective upon the 
dates indicated therein:
          (a) Upon the date of entry into force of this Treaty:
                  (i) Wholesale and retail sales, including 
                those through commissaries, food stores, 
                department stores, optical shops and pastry 
                shops;
                  (ii) The production of food and drink, 
                including milk products and bakery products;
                  (iii) The operation of public restaurants and 
                cafeterias and the sale of articles through 
                vending machines;
                  (iv) The operation of movie theaters, bowling 
                alleys, pool rooms and other recreational and 
                amusement facilities for the use of which a 
                charge is payable;
                  (v) The operation of laundry and dry cleaning 
                plants other than those operated for official 
                use;
                  (vi) The repair and service of privately 
                owned automobiles or the sale of petroleum or 
                lubricants thereto, including the operation of 
                gasoline stations, repair garages and tire 
                repair and recapping facilities, and the repair 
                and service of other privately owned property, 
                including applicants, electronic devices, 
                boats, motors, and furniture;
                  (vii) The operation of cold storage and 
                freezer plants other than those operated for 
                official use;
                  (viii) The operation of freight houses other 
                than those operated for official use;
                  (ix) The operation of commercial services to 
                and supply of privately owned and operated 
                vessels, including the construction of vessels, 
                the sale of petroleum lubricants and the 
                provision of water, tug services not related to 
                the Canal or other United States Government 
                operations, and repair of such vessels, except 
                in situations where repairs may be necessary to 
                remove disabled vessels from the Canal;
                  (x) Printing services other than for official 
                use;
                  (xi) Maritime transportation for the use of 
                the general public;
                  (xii) Health and medical services provided to 
                individuals, including hospitals, leprosariums, 
                veterinary, mortuary and cemetery services;
                  (xiii) Educational services not for 
                professional training, including schools and 
                libraries;
                  (xiv) Postal services;
                  (xv) Immigration, customs and quarantine 
                controls, except those measures necessary to 
                ensure the sanitation of the Canal;
                  (xvi) Commercial pier and dock services such 
                as the handling of cargo and passengers; and
                  (xvii) Any other commercial activity of a 
                similar nature, not related to the management, 
                operation or maintenance of the Canal.
          (b) Within thirty calendar months from the date of 
        entry into force of this Treaty, governmental services 
        such as:
                  (i) Police;
                  (ii) Courts; and
                  (iii) Prison system.
  5. (a) With respect to those activities or functions 
described in paragraph 4 above, or otherwise agreed upon by the 
two Parties, which are to be assumed by the Government of the 
Republic of Panama or by private persons subject to its 
authority, the two Parties shall consult prior to the 
discontinuance of such activities or functions by the Panama 
Canal Commission to develop appropriate arrangements for the 
orderly transfer and continued efficient operation or conduct 
thereof.
  (b) In the event that appropriate arrangements cannot be 
arrived at to ensure the continued performance of a particular 
activity or function described in paragraph 4 above which is 
necessary to the efficient management, operation or maintenance 
of the Canal, the Panama Canal Commission may, to the extent 
consistent with the other provisions of this Treaty and related 
agreements, continue to perform such activity or function until 
such arrangements can be made.

                             [Translation]

                              ----------                              


Letter Describing Application of the Wholesale Price Index Referred to 
      in Paragraph 4(A) of Article XIII of the Panama Canal Treaty

                                           Department of State,    
                                             Ambassador at Large,  
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Treaty Negotiator for Panama.
  Dear Ambassador Escobar:

    As was discussed during our negotiations, I am pleased to 
furnish information on the application of the Wholesale Price 
Index referred to in paragraph 4(A) of Article XIII of the new 
Panama Canal Treaty.
  The Wholesale Price Index for Total Manufactured Goods of the 
United States is understood by the United States to refer to 
the seasonally adjusted figure for Total Manufactured Goods 
found in Table 3, ``Wholesale Price Indexes for Selected 
Groupings Unadjusted and Seasonally Adjusted,'' of the monthly 
report of the Department of Labor ``Wholesale Prices and Price 
Indexes.'' Enclosed is a copy of the latest monthly report 
published by the Department of Labor entitled ``Wholesale 
Prices and Price Indexes'' which describes the method of 
calculation of the indexes.
  The new rate shall be determined by multiplying the rate of 
30 cents per Panama Canal ton by a fraction the numerator of 
which is the average index for the twelve months ending the 
biennial period and the denominator of which is the average 
index of the twelve months preceding the first biennial period.
          Sincerely,
                                                  Ellsworth Bunker.
  Enclosure: Wholesale Prices and Price Indexes \2\
---------------------------------------------------------------------------
    \2\ Not printed here.
(A) Panama Canal Treaty--Implementation of Article III \1\ (with Agreed 
                                Minute)

Agreement signed at Washington, September 7, 1977; Entered into force, 
                            October 1, 1979

 Agreement in Implementation of Article III of the Panama Canal Treaty

  Whereas, pursuant to Article III of the Panama Canal Treaty, 
signed this date, the Republic of Panama, as territorial 
sovereign, grants to the United States of America the rights 
necessary to manage, operate, and maintain the Panama Canal,
---------------------------------------------------------------------------
    \1\ TIAS 10031. The Panama Canal Treaty terminated on December 31, 
1999.
---------------------------------------------------------------------------
  The United States of America and the Republic of Panama have 
agreed upon the following:

                         Article I--Definitions

  For the purposes of this Agreement it shall be understood 
that:
  1. ``Panama Canal Commission'' (hereinafter referred to as 
``the Commission'') means the agency or agencies of the 
Government of the United States responsible for carrying out 
the responsibilities and rights of the United States under the 
Panama Canal Treaty with respect to the management, operation, 
and maintenance of the Panama Canal.
  2. ``United States citizen employees'' means (a) nationals of 
the United States, to whom United States passports have been 
issued, who are employed by the Commission and assigned for 
duty in the Republic of Panama (including employees of other 
civilian agencies of the United States who are on temporary 
duty with the Commission or are otherwise visiting the area on 
official business of the United States), and (b) other 
categories of persons which may be agreed upon by the two 
Parties.
  3. ``Dependents'' means the spouse and children of United 
States citizen employees, and other relatives who depend on 
them for their subsistence and who habitually live with them 
under the same roof.

                   Article II--Coordinating Committee

  1. A Coordinating Committee shall be established upon the 
entry into force of this Agreement to be composed of one 
representative of the United States and one representative of 
the Republic of Panama, of equal authority within the 
Committee, each of whom may have one or more deputies, on a 
parity basis.
  2. The Coordinating Committee shall perform the functions 
specifically indicated by the provisions of this Agreement, and 
others entrusted to it by both Governments concerning 
implementation of this Agreement.
  3. The Coordinating Committee shall establish its rules of 
procedure within the spirit of this Agreement and may designate 
such subcommittees as it may deem necessary for the fulfillment 
of its functions.
  4. The Coordinating Committee shall be organized so that it 
may meet promptly and at any time upon request of the 
representative of the United States or of the Republic of 
Panama. The Coordinating Committee shall send periodic reports 
on its activities to the Governments of the United States and 
the Republic of Panama.
  5. The Coordinating Committee shall refer any matters which 
it has not been able to resolve to the two Governments for 
their consideration through appropriate channels.

                Article III--Use of Land and Water Areas

  1. Canal Operating Areas: With respect to the areas and 
installations described in paragraph 1 of Annex A of this 
Agreement (hereinafter referred to as the ``Canal operating 
areas''), the following provisions will be applicable:
          (a) The United States shall have the right to use 
        such areas and installations for the purposes of 
        exercising its rights and fulfilling its 
        responsibilities, under the Panama Canal Treaty and 
        related agreements, concerning the management, 
        operation and maintenance of the Panama Canal, and for 
        such other purposes as the two Parties may agree upon.
          (b) The United States shall have the right to use any 
        portion of the Canal operating areas for military 
        training, when such use is determined by the United 
        States to be compatible with continued efficient 
        operation of the Panama Canal.
  2. Housing Areas: The areas and installations set forth in 
paragraph 2 of Annex A of this Agreement (hereinafter referred 
to as ``housing areas'') shall be dedicated to the primary 
purpose of housing United States citizen employees and 
dependents. The housing areas shall be administered in 
accordance with the regime of civil coordination established in 
Article VI of this Agreement.
  3. Accessory Facilities and Installations: The United States 
may continue to use those accessory facilities or installations 
used in connection with the management, operation and 
maintenance of the Canal on the date this Agreement enters into 
force, but which are located outside the areas and 
installations otherwise made available for the use of the 
United States pursuant to the Panama Canal Treaty. A 
description of such facilities is set forth in paragraph 3 of 
Annex A to this Agreement. The United States, at its expense, 
may maintain, improve, replace, expand or remove these 
facilities and installations. The United States shall have 
unimpeded access to these and all other facilities and 
installations used in connection with the management, 
operation, or maintenance of the Canal.
  4. Anchorages: The United States shall have free and 
unimpeded access to and use of the anchorages described in 
paragraph 4 of Annex A, for the purposes of exercising its 
rights and fulfilling its responsibilities concerning the 
movement and anchoring of vessels under the Panama Canal Treaty 
and related agreements. The United States may own, use, 
operate, inspect, maintain or replace equipment, facilities and 
navigational aids in these areas. The United States shall have 
the right to increase the size of the anchorages as may be 
necessary or convenient, within the areas described in 
paragraph 5 of Annex A.
  5. Special Areas: Those additional land and water areas set 
forth in paragraph 6 of Annex A are subject to the procedures 
set forth in Article IV of this Agreement in order that 
activities incompatible with the efficient management, 
operation, or maintenance of the Canal shall be precluded.
  6. Annex A of this Agreement shall be examined every five 
years or by agreement between the two Parties, and shall be 
revised by exchange of notes or other instrument to reflect any 
agreed elimination or change in areas. The United States may 
notify the Republic of Panama at any time that the use of an 
area, or of a specified portion thereof, or other right granted 
by the Republic of Panama, is no longer required. Under such 
circumstances, such use or other right shall cease on the date 
determined by the two Parties.
  7. (a) The United States may, at any time, remove from the 
Republic of Panama, or, in accordance with such conditions as 
may be agreed upon by the two Parties, dispose of in the 
Republic of Panama, any equipment, material, supplies or other 
removable property brought into, acquired or constructed in the 
Republic of Panama by or for the Commission. In case of 
disposal within the Republic of Panama, preference will be 
given to the Government of the Republic of Panama.
  (b) All equipment, installations, material, supplies or 
removable property left by the United States in an area made 
available under this Agreement beyond 90 days from the date the 
use of such area by the United States ceases shall, unless 
agreed otherwise by the two Parties, become the property of the 
Republic of Panama.
  8. The Commission may employ watchmen to protect the security 
of selected installations within the areas made available for 
the use of the United States under this Agreement, it being 
understood that such installations do not include housing or 
other installations not devoted to the management, operation or 
maintenance of the Panama Canal. Such watchmen shall not have 
powers of arrest or other general police powers. They may, 
however, temporarily detain persons believed to be committing 
or to have just committed an offense against applicable laws or 
regulations, and shall promptly transfer custody to the 
appropriate police authorities. The Commission shall provide to 
the authorities of the Republic of Panama through the 
Coordinating Committee a list identifying the individuals 
employed by it as watchmen, and shall promptly notify the 
Republic of Panama of any changes in such list. In the 
performance of their duties, such watchmen shall not bear 
firearms except handguns.
  9. The Coordinating Committee shall constitute the means of 
communication and information between the two Parties with 
regard to matters pertaining to the implementation of this 
Article.

                Article IV--Licensing of Other Land Uses

  1. Without prejudice to the rights of the United States 
concerning use of areas and installations within the Republic 
of Panama under the Panama Canal Treaty and related agreements, 
the areas and installations set forth in Annex A may be used 
for other purposes compatible with the continuous efficient 
management, operation and maintenance of the Panama Canal, 
under land use licenses to be issued by the Republic of Panama 
in accordance with the following procedure:
          (a) The Republic of Panama shall refer to the 
        Coordinating Committee any requests it may receive from 
        private concerns, or from agencies of the Republic of 
        Panama, to undertake specific activities within the 
        areas subject to this procedure.
          (b) If the United States and the Republic of Panama, 
        acting through the Coordinating Committee, determine 
        that the proposed use, including its terms and 
        conditions, is compatible with the continuous efficient 
        management, operation and maintenance of the Panama 
        Canal, the Republic of Panama shall issue a revocable 
        land license for the specific use agreed upon. The 
        United States must approve the license, in writing, 
        before it becomes effective.
  2. The Republic of Panama may terminate the land license for 
reasons arising under its laws.
  3. At any time that the United States decides that a licensed 
land use is no longer compatible with the continuous efficient 
management, operation, or maintenance of the Panama Canal, or 
that the licensed area is necessary for a Panama Canal Treaty-
related purpose, it may withdraw its concurrence in the land 
license, at which time the Republic of Panama shall cause the 
license to be terminated.
  4. In the event that the United States withdraws its 
concurrence in a land license issued under the procedure 
established in this Article, the Republic of Panama shall take 
all measures necessary to ensure that the area is promptly 
vacated, in accordance with such rules as may be established by 
the two Parties through the Coordinating Committee.
  5. The provisions of this Article shall not limit in any 
manner the authority of the United States to use the areas made 
available for its use under this Agreement, or to permit their 
use by its contractors, in the exercise of its rights and the 
fulfillment of its responsibilities under the Panama Canal 
Treaty and related Agreements.

     Article V--Balboa and Cristobal Ports and the Panama Railroad

  1. As provided in Article XIII of the Panama Canal Treaty, 
all right, title and interest of the United States in property, 
installations and equipment in the Ports of Balboa and 
Cristobal, the boundaries of which are set forth in paragraph 1 
of Annex B of this Agreement, is transferred without charge to 
the Republic of Panama.
  2. The Republic of Panama shall have the responsibility for 
the management, operation and maintenance of the Ports of 
Balboa and Cristobal, subject, however, to the following terms 
and conditions:
          (a) The Republic of Panama shall exercise its 
        jurisdictional rights over vessels within the lands and 
        waters areas of the Ports of Balboa and Cristobal. 
        Movement of vessels to or from the piers and docks of 
        the Ports of Balboa and Cristobal shall be subject to 
        appropriate approval by the port authorities of the 
        Republic of Panama.
          (b) The Republic of Panama grants to the United 
        States the following technical powers: the authority 
        and responsibility for marine traffic control within 
        the waters of the Canal operating areas and defense 
        sites and within the ports of Balboa and Cristobal and 
        to or from and within the anchorages and emergency 
        beaching areas. Such authority and responsibility of 
        the United States includes the right to require that 
        vessels moving in such waters be under the direction of 
        Commission pilots.
          (c) The United States may use, for the management, 
        operation, maintenance, protection and defense of the 
        Canal, those port installations and equipment managed, 
        operated, and maintained by the Republic of Panama 
        which are described in paragraph 2 of Annex B of this 
        Agreement. The Republic of Panama shall maintain such 
        port installations and equipment in efficient operating 
        condition.
          (d) The United States is guaranteed use of the Port 
        installations described in paragraph 3 of Annex B of 
        this Agreement for normal maintenance of its equipment, 
        in accordance with schedules established by the 
        Commission or, when necessary for emergency repairs, at 
        any time. The United States may use its employees to 
        perform services in such installations. United States 
        use of such installations and equipment shall be free 
        of cost other than reimbursement for labor and services 
        provided to the United States at rates which shall not 
        exceed those charged the most favored customer on a 
        commercial basis.
          (e) In order to facilitate the optimum scheduling of 
        vessel transits, the Republic of Panama shall ensure 
        that vessels transiting the Canal receive port services 
        at Balboa and Cristobal on a priority basis.
          (f) The Republic of Panama shall control and 
        supervise the activities to be carried out under its 
        responsibility in the Ports of Balboa and Cristobal to 
        ensure that such activities are compatible with the 
        efficient management, operation, maintenance, 
        protection and defense of the Canal. The Republic of 
        Panama shall take the measures necessary to prevent, or 
        to terminate, any activity that is incompatible with 
        such purposes.
          (g) In the event of emergencies relating to the 
        protection and defense of the Canal, the Republic of 
        Panama shall, at the request of the United States, make 
        the installations and equipment of the Naval Industrial 
        Reserve Shipyard available, without delay, to the 
        United States for as long as may be necessary. In any 
        such case, the United States shall reimburse the 
        Republic of Panama for labor or services provided to it 
        at rates which shall not exceed those charged the most 
        favored customer on a commercial basis.
  3. As provided in Article XIII of the Panama Canal Treaty, 
all right, title and interest of the United States in the 
property, installations and equipment of the Panama Railroad is 
transferred without charge to the Republic of Panama.
  4. The Republic of Panama shall have the responsibility for 
the management, operation, and maintenance of the Panama 
Railroad (hereinafter referred to as the ``Railroad''), 
subject, however, to the following terms and conditions:
          (a) The Republic of Panama shall maintain the 
        Railroad in efficient operating condition. The Railroad 
        will continue to provide the levels and frequency of 
        service necessary for efficient management, operation, 
        and maintenance, and effective protection and defense 
        of the Canal.
          (b) The United States shall have the right to use and 
        maintain the existing installations, including the 44KV 
        electrical transmission lines and towers, and to 
        construct, use and maintain additional installations 
        along the Railroad right of way, and may have access 
        thereto for such purposes.
          (c) The Republic of Panama shall permit the United 
        States to use the Railroad and its equipment, on a 
        priority basis, for the purposes of maintaining such 
        transmission lines and other installations, and of 
        transporting equipment, supplies and personnel related 
        to the management, operation, maintenance, or 
        protection and defense of the Canal. The United States 
        shall pay the costs resulting from such use in 
        accordance with rates which shall not exceed those 
        charged by the Railroad to its most favored customer on 
        a commercial basis.
          (d) Spur tracks, sidings and related equipment 
        serving the installations in areas made available to 
        the United States pursuant to the Panama Canal Treaty 
        shall remain the responsibility of the United States. 
        Railroad access to such trackage shall be subject to 
        the approval of the responsible United States 
        authorities.
          (e) If the Republic of Panama decides, at any time, 
        that its continued operation of the Railroad at the 
        minimum levels of service agreed upon by the two 
        Parties is no longer viable, the United States shall 
        have the right to reassume management and operation of 
        the Railroad.
  5. A Ports and Railroad Committee, to be established as a 
subcommittee of the Coordinating Committee in accordance with 
paragraph 3 of Article II of this Agreement and composed of an 
equal number of representatives of each Party, shall be 
responsible inter alia for coordination of the activities of 
the Panama Canal Commission and the National Port Authority of 
the Republic of Panama concerning the operation of the Ports of 
Balboa and Cristobal and the Panama Railroad, and shall have 
the following functions:
          (a) To consider and, upon agreement, to coordinate 
        the termination of United States rights with respect to 
        the use of areas or installations in, or in the 
        vicinity of, the Ports of Balboa and Cristobal which 
        the Republic of Panama might desire to use for port 
        activities, or with respect to the use of areas and 
        installations appertaining to the Railroad.
          (b) To consider and, upon agreement, to coordinate 
        any change in the use of lands or waters in the Ports 
        of Balboa and Cristobal or in areas or installations 
        appertaining to the Railroad, or any initiation of, 
        change in, or termination of Port or Railroad services. 
        Consequently, change in the use of such lands and 
        waters and the initiation of, changes in, or 
        termination of such services shall occur only in 
        accordance with the decisions reached by the Ports and 
        Railroad Committee. Until such time as the Committee 
        agrees upon new levels and frequency of Railroad 
        services, the levels and frequency of service scheduled 
        for 1977 shall be maintained.
          (c) To maintain adequate standards of safety, fire 
        prevention and oil pollution. Until such time as the 
        Committee issues new regulations, the safety, fire 
        prevention and oil pollution standards in force prior 
        to the entry into force of this Agreement shall remain 
        in force.
          (d) To establish procedures and mechanisms to 
        facilitate the movement of vessels in accordance with 
        the rights and responsibilities of the Parties set 
        forth in paragraph 2 above.
          (e) To coordinate the use by the United States of 
        those installations specified in paragraph 3 of Annex B 
        that are located within the Ports of Balboa and 
        Cristobal and the activities of the National Port 
        Authority of the Republic of Panama in these Ports.
  In considering these matters, the representatives of the two 
Parties on the Ports and Railroad Committee shall be guided by 
the principle that the operation of the Ports and Railroad 
shall be consistent with the continued efficient management, 
operation, maintenance, protection and defense of the Canal.

       Article VI--Regime of Civil Coordination for Housing Areas

  1. As provided in Article XIII of the Panama Canal Treaty, 
title to all housing within the housing areas, owned by the 
Panama Canal Company immediately prior to the entry into force 
of this Agreement, is transferred to the Republic of Panama. 
The housing areas shall, however, continue to be dedicated, for 
the duration of this Agreement, to the primary purpose of 
housing employees of the Commission in accordance with the 
provisions of this Article.
  2. The Republic of Panama hereby places at the disposal of 
the United States, without cost, the use of such housing, 
within the housing areas, as the United States may deem 
necessary for United States citizen employees and dependents 
throughout the duration of this Agreement. The United States 
may continue to manage, maintain, improve, rent and assign such 
housing for United States citizen employees and dependents.
  3. The use of housing units beyond those required by the 
United States for housing United States citizen employees and 
dependents at the date of entry into force of this Agreement, 
shall pass to the Republic of Panama on that date. Within five 
years from the entry into force of this Agreement, the use of 
at least twenty percent of the housing units located in the 
former Canal Zone, formerly owned by the Panama Canal Company, 
shall have passed to the Republic of Panama. Thereafter, the 
use of additional units shall pass to the Republic of Panama in 
accordance with the following schedule:
          (a) Within ten years from the entry into force of 
        this Agreement, the use of a total of at least thirty 
        percent of such units shall have passed.
          (b) Within fifteen years, the use of a total of at 
        least forty-five percent shall have passed.
          (c) Within twenty years, the use of a total of at 
        least sixty percent shall have passed.
  4. In order to protect the interests and welfare of employees 
of the United States who are not United States citizen 
employees and who, on the date of entry into force of this 
Agreement, are occupying housing units, the use of which is 
transferred to the Republic of Panama, the Republic of Panama 
shall give such persons the following special treatment:
          (a) The opportunity to occupy, by lease or rental, or 
        in the event the Republic of Panama decides to sell, to 
        acquire by purchase at reasonable prices, the units 
        which they are occupying on the date of entry into 
        force of this Agreement.
          (b) In cases of purchase, the opportunity to obtain 
        long-term financing arrangements.
          (c) In cases where continued occupancy of a 
        particular housing unit is not feasible, the 
        opportunity to obtain other adequate housing within 
        such areas at reasonable cost, on a preferential or 
        priority basis.
  5. In addition to housing its United States citizen employees 
and dependents, the United States may use the housing areas for 
other purposes related to the management, operation and 
maintenance of the Canal. The housing areas may also be used 
for other activities complementary to or compatible with the 
primary purpose of housing employees of the Commission under 
revocable land licenses to be issued in accordance with the 
procedures set forth in Article IV of this Agreement.
  6. In coordination with the appropriate authorities of the 
Republic of Panama, the Commission may continue to provide 
public services such as maintenance of streets, sidewalks and 
other public areas within the housing areas. Since the 
utilities systems in the housing areas are fully integrated 
with those of the Canal, the Commission shall, on behalf of the 
utilities agencies of the Republic of Panama, continue to 
provide utilities such as power, water, and sewers to 
industrial and commercial enterprises and other persons in the 
area, other than United States citizen employees and 
dependents. The utilities agencies of the Republic of Panama 
shall be responsible for setting rates for and billing such 
customers, and shall reimburse the Commission for its cost in 
providing such services.
  7. The Coordinating Committee shall serve as the channel for 
consultation and coordination between the two Parties with 
respect to matters arising under the regime of civil 
coordination established in this Article.

                       Article VII--Water Rights

  1. The United States shall have unimpaired use, free of cost, 
of the waters of the Canal and of Alajuela (Madden), Gatun and 
Miraflores Lakes, and of the waters of their tributary streams, 
for the purposes of the management, operation and maintenance 
of the Panama Canal, including the generation of electric 
power, spilling to provide flood or pollution control, and the 
supplying of potable water, taking into account the needs of 
the Republic of Panama for potable water.
  2. The United States may:
          (a) Raise the surface of Alajuela (Madden) Lake to 
        260 feet above precise level datum (PLD) and of Gatun 
        Lake to 100 feet above PLD, and lower the surfaces of 
        these lakes down to elevations of 190 feet and 76 feet, 
        respectively, for the purposes stated in paragraph 1 of 
        this Article. The Parties shall consult and coordinate 
        concerning the measures necessary to assure the supply 
        of potable water to the Republic of Panama.
          (b) Erect, operate, maintain, improve, expand, remove 
        and replace rainfall and river gauging stations in the 
        watersheds of the lakes and their tributaries, the data 
        and information obtained from which shall be made 
        available promptly to the Republic of Panama.
          (c) Maintain and improve the saddle dams serving 
        Gatun, Miraflores and Alajuela (Madden) Lakes and any 
        new impoundment areas. The Republic of Panama agrees to 
        take the necessary measures to prevent any activity 
        that might endanger the stability of the saddle dams.
          (d) Apply herbicides and conduct other water weed 
        control and sanitation programs in the lakes, their 
        watershed and tributaries. In the conduct of these 
        programs the United States shall take into account the 
        environmental protection and water standards of the 
        Republic of Panama to the extent feasible and 
        consistent with the efficient management, operation and 
        maintenance of the Canal.
          (e) Conduct flood control operations, to include 
        periodic flushing of the rivers, and a routine 
        maintenance program up to the 100 foot contour line 
        along the Chagres River between Gamboa and Madden Dam, 
        and up to the 30 foot contour line along the Chagres 
        River between Gatun Dam and the Caribbean Sea.
          (f) Use such land and water areas as may be necessary 
        for the purpose of constructing new dams, including the 
        proposed Trinidad, Manguito Point, and Panama Railroad 
        Causeway dams, and impounding such water as may be 
        required to develop and regulate the water supply of 
        the Canal for the purposes stated in paragraph 1 of 
        this Article. If new dams are constructed in accordance 
        with this Agreement, any generation of electric power 
        in connection with such dams shall be the prerogative 
        of the Republic of Panama in the manner agreed upon 
        between the two Parties.
  3. The Republic of Panama shall take the necessary measures 
to ensure that any other land or water use of the Canal's 
watershed will not deplete the water supply necessary for the 
continuous efficient management, operation or maintenance of 
the Canal, and shall not interfere with the water use rights of 
the United States in the Canal's watershed.

                     Article VIII--Social Security

  1. Concerning Social Security and retirement benefits 
applicable to employees of the Commission who are not United 
States citizen employees, the following provisions shall apply:
          (a) Such persons who are employed by the Commission 
        subsequent to the entry into force of this Agreement 
        shall, as of their date of employment, be covered by 
        the Social Security System of the Republic of Panama.
          (b) Such persons who were employed prior to the entry 
        into force of this Agreement by the Panama Canal 
        Company or Canal Zone Government and who were covered 
        under the Civil Service Retirement System of the United 
        States shall continue to be covered by that system 
        until their retirement or until the termination of 
        their employment with the Commission for any other 
        reason.
          (c) The Commission shall collect and transfer in a 
        timely manner to the Social Security System of the 
        Republic of Panama the employer's and employees' 
        contributions for those of its employees who are 
        covered by the Social Security System of the Republic 
        of Panama.
  2. Concerning health benefits applicable to employees of the 
Commission who are not United States citizen employees and who 
are covered by the Civil Service Retirement System of the 
United States the following provisions shall apply:
          (a) For the duration of a transitional period of 
        thirty calendar months following the entry into force 
        of this Agreement, all such persons shall continue to 
        be provided health insurance and medical benefits under 
        the same general arrangements in effect prior to the 
        entry into force of this Agreement.
          (b) At the termination of the aforementioned 
        transitional period, none of the above-mentioned 
        persons shall be eligible to receive health or medical 
        benefits from facilities operated by the United States 
        in the Republic of Panama.
          (c) Such persons shall have the right, during the 
        aforementioned transitional period, to elect either to 
        continue their coverage under the Federal Employees' 
        Health Benefits Plan or to terminate their coverage 
        under that program and enroll in the Health and 
        Maternity Benefits Program under the Social Security 
        System of the Republic of Panama, effective upon the 
        termination of the transitional period.
          (d) The Commission shall collect and transfer in a 
        timely manner to the Social Security System of the 
        Republic of Panama the employer's and employees' 
        contributions to the Health and Maternity Benefits 
        Program of that institution for such persons who enroll 
        in that program. The employer's contribution shall be 
        equal to that which the employer would have paid had 
        the employee continued under the Federal Employees 
        Health Benefits Plan.
  3. (a) Following the entry into force of this Agreement, 
employees of the Panama Canal Company or Canal Zone Government, 
regardless of their nationality, who become employees of the 
Republic of Panama as the result either of a transfer of a 
function or activity to the Republic of Panama from the Panama 
Canal Company or Canal Zone Government or through job placement 
efforts of the Commission or the Republic of Panama, shall be 
covered by the Social Security System of the Republic of Panama 
through a special regime identical in eligibility requirements, 
benefits, and employer/employee contributions to the United 
States Civil Service Retirement System in which the employee 
was previously enrolled.
  (b) In those instances in which an employee has been 
separated from employment with the Commission and is due a 
refund of his contributions to the Civil Service Retirement 
System of the United States, said refund shall, upon the 
written request of the employee, be transferred by the Civil 
Service authorities of the United States to the Social Security 
System of the Republic of Panama for the purpose of the 
employee's purchase of an equity, which shall be financially 
equal to the total of the amounts transferred.
  (c) When such employee of the Panama Canal Company or Canal 
Zone Government, regardless of his nationality, is separated 
from his employment with the Commission as the result of the 
implementation of the Panama Canal Treaty and becomes an 
employee of the Republic of Panama as the result either of a 
transfer of a function or activity to the Republic of Panama 
from the Panama Canal Company or the Canal Zone Government or 
through a job placement assistance program, and elects to 
purchase an equity in the Social Security System of the 
Republic of Panama, through a special regime identical in 
requirements for eligibility, benefits, and employer/employee 
contributions to the Civil Service Retirement System of the 
United States in which the employee was previously enrolled, 
the United States shall provide an equal sum to assist the 
employee in acquiring such an equity, provided, however, that:
          (i) The employee is not eligible for an immediate 
        retirement annuity under the United States Civil 
        Service Retirement System.
          (ii) The employee has not elected a deferred annuity 
        under the United States Civil Service Retirement 
        System.
          (iii) The employee has been credited with at least 
        five years of Federal service under the United States 
        Civil Service Retirement System.
          (iv) The employee elects to withdraw the entire 
        amount of his capitalized contributions to the Civil 
        Service Retirement System of the United States and 
        transfer them to the Social Security System of the 
        Republic of Panama.
          (v) The contribution provided by the United States 
        shall be the same as the amount withdrawn by the 
        employee from the United States Civil Service 
        Retirement Fund and contributed by the employee to the 
        Panamanian Social Security System.
  (d) Employees eligible for an immediate annuity under the 
Civil Service Retirement System of the United States shall 
begin to receive retirement pay at the time of their 
termination of their employment by the Government of the United 
States.
  4. Except as otherwise provided in the Panama Canal Treaty or 
this Agreement, there shall be no loss or limitation of rights, 
options and benefits to which employees of the Commission who 
were employed by the Panama Canal Company or the Canal Zone 
Government may be entitled under applicable laws and 
regulations of the United States. These rights, options and 
benefits include the rights, where appropriate under applicable 
laws and regulations of the United States, to optional or 
voluntary retirement, discontinued service retirement following 
involuntary separation, disability retirement, and deferred 
retirement.
  5. Non-United States citizen employees of the Panama Canal 
Commission who were, prior to the entry into force of this 
Agreement, employed by the Panama Canal Company or the Canal 
Zone Government, and who continue to be covered by the United 
States Civil Service Retirement System, shall continue to be 
covered by United States Workmen's Compensation and may, if 
they so desire, continue their coverage under the Federal 
Employees' Group Life Insurance program in the same manner as 
prior to the entry into force of this Agreement.

      Article IX--Acquisition of Panamanian Supplies and Services

  1. In procuring supplies and services, the Commission shall 
give preference to those obtainable in the Republic of Panama. 
Such preference shall apply to the maximum extent possible when 
such supplies and services are available as required, and are 
comparable in quality and price to those which may be obtained 
from other sources. For the comparison of prices there shall be 
taken into account the cost of transport to the Republic of 
Panama, including freight, insurance, and handling, of the 
supplies and services which compete with Panamanian supplies 
and services. In the acquisition of goods in the Republic of 
Panama, preference shall be given to goods having a larger 
percentage of components of Panamanian origin.
  2. Any regulations which may be necessary to carry out this 
preference shall be agreed upon in the Coordinating Committee.

                     Article X--Telecommunications

  1. The Republic of Panama, in the exercise of its sovereign 
power over telecommunications, authorizes the United States, 
for the duration of this Agreement, to use communications 
networks and communications-electronics installations within 
the Canal operating areas, and the radio frequencies authorized 
or in use, and transportable equipment in use, immediately 
prior to the entry into force of this Agreement and as may be 
necessary for its requirements, in order to accomplish the 
purposes of the management, operation and maintenance of the 
Canal, and as the two Parties may otherwise agree. The 
Coordinating Committee may adopt regulations to govern the use 
of such transportable equipment outside of such areas.
  2. The Republic of Panama also authorizes the United States 
to use installations such as those described in the preceding 
paragraph already existing outside the Canal operating areas, 
including those operated and maintained by the United States 
Forces or by contractors, which serve to accomplish the 
purposes of the management, operation or maintenance of the 
Canal, and as the two Parties may otherwise agree. The United 
States authorities shall have access to such installations for 
appropriate operation, maintenance and replacement.
  3. Upon the termination of this Agreement, all 
telecommunication equipment and facilities necessary for 
purposes of operation of the Canal, which are the property of 
the United States, shall be transferred to the Republic of 
Panama. The United States, after consultation with the Republic 
of Panama, will institute a program to train Panamanian 
nationals to operate and maintain such telecommunications 
equipment, including ship-to-shore facilities.
  4. Provided that they are available and suitable for the 
purpose, the Commission shall use, to the maximum extent 
practicable, the telecommunications services of public or 
private enterprise in the Republic of Panama in order to meet 
its growth needs, but the applicable rates shall be no less 
favorable than those charged to governmental agencies of the 
Republic of Panama.
  5. The United States shall provide the Republic of Panama a 
list of all frequencies authorized or in use by it pursuant to 
this Article. This list shall be submitted through the 
Coordinating Committee in ascending frequency order and shall 
contain as a minimum information concerning the power, 
bandwidth, and type of emission being used in those 
frequencies.
  6. The Republic of Panama undertakes not to authorize the use 
of any frequency which would interfere with those in use by or 
for the Commission or which it may use in the future in 
accordance with the Panama Canal Treaty and this Agreement.
  7. All provisions regarding telecommunications in this 
Article shall be in accordance with the obligations of both 
Parties as members of the International Telecommunication Union 
and with the various relevant international agreements to which 
both are parties.
  8. Any communication with the International Telecommunication 
Union regarding the subject matter of this Article shall be 
effected exclusively by the Republic of Panama.
  9. The Coordinating Committee may adopt any further 
regulations as may be necessary to implement the provisions of 
this Article, including necessary technical coordination.

           Article XI--Contractors and Contractors' Personnel

  1. Whenever the Commission enters into contracts for the 
performance of services or the procurement of supplies, it 
shall adhere to the preferences for Panamanian sources set 
forth in Article IX of this Agreement.
  2. Whenever contracts are awarded by the Commission to 
natural persons who are nationals or permanent residents of the 
United States or to corporations or other legal entities 
organized under the laws of the United States and under the 
effective control of such persons, such contractors shall be so 
designated by the United States and such designations shall be 
communicated to the authorities of the Republic of Panama 
through the Coordinating Committee. Designated contractors 
shall be subject to the laws and regulations of the Republic of 
Panama except with respect to the special regime established by 
this Agreement, which includes the following obligations and 
benefits:
          (a) The contractor must engage exclusively in 
        activities related to the execution of the work for 
        which he has been contracted by the Commission or 
        related to other works or activities authorized by the 
        Republic of Panama.
          (b) The contractor must refrain from carrying out 
        practices which may constitute violations of the laws 
        of the Republic of Panama.
          (c) The contractor shall enter and depart from the 
        territory of the Republic of Panama in accordance with 
        procedures prescribed for United States citizen 
        employees in Article XII of this Agreement.
          (d) The contractor must obtain a document indicating 
        his identity as a contractor which the proper 
        authorities of the United States shall issue when they 
        are satisfied he is duly qualified. This certificate 
        shall be sufficient to permit him to operate under 
        Panamanian law as a contractor of the United States. 
        Nevertheless, the authorities of the Republic of Panama 
        may require the registration of the appropriate 
        documents to establish juridical presence in the 
        Republic of Panama.
          (e) The contractor shall not be obliged to pay any 
        tax or other assessment to the Republic of Panama or 
        income derived under a contract with the Commission, so 
        long as he is taxed in the United States at a rate 
        substantially equivalent to the corresponding taxes and 
        assessments of the Republic of Panama.
          (f) The contractor may move freely within the 
        Republic of Panama, and shall have exemptions from 
        customs duties and other charges, as provided for 
        United States citizen employees in Article XIV and XVI 
        of this Agreement.
          (g) The contractor may use public services and 
        installations in accordance with the terms and 
        conditions of Article XIII of this Agreement and, on a 
        non-discriminatory basis, shall pay the Republic of 
        Panama highway tolls and taxes on plates for private 
        vehicles.
          (h) The contractor shall be exempt from any taxes 
        imposed on depreciable assets belonging to him, other 
        than real estate, which are used exclusively for the 
        execution of contracts with the United States.
          (i) The contractor may use the services and 
        facilities provided for in Articles X and XVIII of the 
        Agreement in Implementation of Article IV of the Panama 
        Canal Treaty, signed this date, to the extent such use 
        is authorized by the United States; provided, however, 
        that after five years from the entry into force of this 
        Agreement, the use of military postal services by such 
        contractors shall be limited to that related to the 
        execution of contracts with the United States.
  3. The Commission shall withdraw the designation of a 
contractor when any of the following circumstances occur:
          (a) Completion of termination of the contracts with 
        the Commission.
          (b) Proof that during the life of the contract such 
        contractors have engaged in the Republic of Panama in 
        business activities not related to their contracts with 
        the United States nor authorized by the Republic of 
        Panama.
          (c) Proof that such contractors are engaged in 
        practices which in the view of the Republic of Panama 
        constitute serious violations of the laws of the 
        Republic of Panama.
  4. The authorities of the United States shall notify the 
authorities of the Republic of Panama whenever the designation 
of a contractor has been withdrawn. If, within sixty days after 
notification of withdrawal of the designation of a contractor 
who entered the territory of the Republic of Panama in the 
capacity of a contractor, the authorities of the Republic of 
Panama require such contractor to leave its territory, the 
United States shall ensure that the Republic of Panama shall 
not incur any expense due to the cost of transportation.
  5. The provisions of this Article shall similarly apply to 
the subcontractors and to the employees of the contractors and 
subcontractors and their dependents who are nationals or 
residents of the United States. These employees and dependents 
shall not be subject to the Panamanian Social Security system.

                    Article XII--Entry and Departure

  1. The United States may bring into the territory of the 
Republic of Panama United States citizen employees and 
dependents for the specific purposes of the Panama Canal Treaty 
and as the two Parties may agree upon.
  2. In order to enter or leave the territory of the Republic 
of Panama, such persons shall be required to bear only a valid 
passport and a special entry/exit permit issued by the Republic 
of Panama. Such documentation, upon entry into or departure 
from the territory of the Republic of Panama, shall be 
presented to the appropriate authorities of the Republic of 
Panama.
  3. Such entry/exit permits shall authorize the bearer an 
unlimited number of entries into and exits from the territory 
of the Republic of Panama for the duration of the employment or 
other duties with the Commission of the bearer, or of his 
sponsor. Such permits shall remain valid until such time as 
United States authorities notify the appropriate authorities of 
the Republic of Panama of the termination of the employment or 
duties with the Commission of the bearer, or of his sponsor.
  4. The Republic of Panama agrees to issue such special entry/
exit permits to the persons described in paragraph 1 of this 
Article, upon written request by the authorities of the United 
States, and to implement special procedures to ensure such 
expeditious issuance.
  5. Whenever the status of any person described in paragraph 1 
of this Article is altered so that he is no longer entitled to 
remain in the territory of the Republic of Panama, the 
authorities of the United States shall promptly notify the 
authorities of the Republic of Panama, and shall ensure that 
the special entry/exit permit in question is returned to the 
Republic of Panama. If requested by the Republic of Panama 
within a period of sixty days following such notice, the 
authorities of the United States shall ensure that 
transportation of any such person from the Republic of Panama 
will be provided at no cost to the Republic of Panama.
  6. The persons described in paragraph 1 of this Article shall 
be exempted from fiscal charges relating to their entry, stay 
in, or departure from the territory of the Republic of Panama, 
except from nondiscriminatory charges established or which may 
be established for use of airports. Similarly, they shall be 
exempted from obligatory services established in favor of the 
Republic of Panama. They shall not acquire any right to 
permanent residence or domicile in the Republic of Panama.
  7. United States citizen employees who enter the Republic of 
Panama to execute professional services exclusively for the 
United States, or on its behalf, shall not be subject to the 
licensing regimes of the Republic of Panama, but their 
professional activity shall be limited to such services with 
the United States for the specific purposes of the Panama Canal 
Treaty, or as the two Parties may otherwise agree.

                Article XIII--Services and Installations

  1. The Commission, its United States citizen employees and 
dependents may use the public services and installations 
belonging to or regulated by the Republic of Panama, and the 
terms and conditions of use, prices, rates and tariffs and 
priorities shall not be unfavorable in relation to those 
charged other users.
  2. The Commission may use the facilities and services of the 
United States Forces for official purposes and may establish 
and operate the supporting services and facilities it requires 
within the areas used under this Agreement, and exceptionally, 
with the authorization of the Republic of Panama, outside such 
areas.
  3. The United States may furnish to United States citizen 
employees and dependents the services provided for in Article 
XVIII of the Agreement in Implementation of Article IV of the 
Panama Canal Treaty signed this date, and authorize their use 
of the facilities provided for in Article X and Article XI of 
that Agreement provided, however, that their use of military 
postal services, commissaries, and military exchanges may not 
be authorized after five years from the entry into force of 
this Agreement.
  4. The facilities and services of the Commission may be made 
available, exclusively for official purposes, to other agencies 
of the Government of the United States operating in the 
Republic of Panama, including the United States Forces.

Article XIV--Movement, Licenses, and Registration of Vessels, Aircraft 
                              and Vehicles

  1. (a) When in the performance of official duties the vessels 
and aircraft operated by or for the Commission may move freely 
through Panamanian air space and waters, without the obligation 
of payment of taxes, tolls, landing or pier charges or other 
charges to the Republic of Panama except for reimbursement for 
specific services requested and received and without any other 
impediment.
  (b) Such vessels and aircraft shall be exempt from customs 
inspections or other inspections. Whenever they carry cargo, 
crews or passengers who are not entitled to the exemptions 
provided for in this Agreement, timely notice shall be given to 
the appropriate authorities of the Republic of Panama. Both 
Parties shall adopt procedures to ensure that the customs laws 
and regulations of the Republic of Panama are not violated.
  2. (a)(i) Similarly, the vehicles and equipment of the 
Commission may, when in the performance of official duties, 
move freely in the Republic of Panama, without the obligation 
of payment of taxes, tolls or other charges to the Republic of 
Panama and without any other impediment. Such vehicles and 
equipment shall be exempt from mechanical or other inspection.
  (ii) Claims arising from damage caused by the Commission to 
the Panamanian road network outside the Canal operating areas, 
in excess of the usual wear and tear by reason of time and its 
appropriate use, shall be settled as provided for in Article 
XVIII of this Agreement.
  (b) Such vehicles and equipment of the Commission shall not 
be assessed any license or registration fees. These vehicles 
shall bear means of identification as may be agreed upon by the 
Coordinating Committee, to be issued under the authority of 
said Coordinating Committee and distributed by the Commission.
  3. (a) The plates, individual marks and registration 
documents issued by the United States for vehicles, trailers, 
vessels and aircraft which are the property of the Commission 
shall be accepted by the Republic of Panama.
  (b) The Republic of Panama shall recognize as sufficient the 
valid licenses, permits, certificates or other official 
classifications from the United States, possessed by operators 
of vehicles, vessels and aircraft which are property of the 
United States.
  4. (a) The vehicles, trailers, vessels and aircraft belonging 
to the United States citizen employees or dependents shall also 
move freely within the Republic of Panama, in compliance with 
the traffic regulations and those regarding the annual 
mechanical inspection. The license plate fee and other 
obligations shall not be discriminatory.
  (b) The Republic of Panama shall issue the appropriate 
documents of title and registration of vehicles, trailers, 
vessels and aircraft which are the property of United States 
citizen employees or dependents when the latter present title 
and registration issued by the federal or state authorities of 
the United States or by the authorities of the former Canal 
Zone. Applicants may retain such documents provided they leave 
with the authorities of the Republic of Panama a copy 
authenticated by the Commission, duly translated into Spanish. 
While the corresponding request is being processed and within a 
term which may not exceed ninety days after entry into force 
this Agreement or after the arrival of the means of 
transportation mentioned above in the Republic of Panama, it 
may be operated with the plates or distinctive marks issued by 
the federal or state authorities of the United States or by the 
authorities of the former Canal Zone.
  (c) United States citizen employees and dependents who bear 
valid documents such as drivers' licenses, vessel operators' 
permits, amateur radio licenses, or licenses and 
classifications of air pilots issued by the federal or state 
authorities of the United States or by the authorities of the 
former Canal Zone, shall receive equivalent Panamanian 
licenses, permits and classifications without being subjected 
to new tests or payments of the new fees. The applicants may 
retain the licenses, permits and classifications of the United 
States or the former Canal Zone provided that they leave with 
the authorities of the Republic of Panama a copy authenticated 
by the Commission and duly translated into Spanish. United 
States citizen employees and dependents shall be permitted to 
drive vehicles, vessels or aircraft in the Republic of Panama 
with such licenses, permits and classifications during the 
ninety days following the entry into force of this Agreement or 
their first arrival in the Republic of Panama. During this 
period the processing of the application in the Republic of 
Panama for a drivers license, vessel operator's permit, or 
license and classification as an air pilot shall be completed.
  (d) The Panamanian licenses, permits or classifications shall 
be valid for the period of time indicated in the Panamanian law 
and, during the continuous presence of the bearer in the 
Republic of Panama, shall, to preserve their validity, be 
renewed in accordance with Panamanian laws. Whenever Panamanian 
laws require medical certifications for the renewal of 
licenses, permits or classifications, the Republic of Panama 
shall accept the certifications issued by the medical services 
of the United States, provided that said certifications are 
submitted in Spanish translation.
  (e) The Republic of Panama shall issue drivers' licenses, 
vessel operators' permits, and licenses and other 
classifications of air pilots to United States citizen 
employees and dependents when they do not possess valid 
documents. If any test is required as a prerequisite for the 
issuance of the documents mentioned, the Republic of Panama 
shall permit the interested persons to take the examination in 
Spanish or in English. Any material which the Republic of 
Panama may generally issue in preparation for such examinations 
shall be furnished, in Spanish or in English, as the applicant 
may request. The fees for such documents shall not be 
discriminatory.
  5. The Coordinating Committee may agree on rules and 
procedures that may be necessary to implement this Article.

                          Article XV--Taxation

  1. By virtue of this Agreement, the Commission, its 
contractors and subcontractors, are exempt from payment in the 
Republic of Panama of all taxes, fees or other charges on their 
activities or property.
  2. United States citizen employees and dependents shall be 
exempt from any taxes, fees, or other charges on income 
received as a result of their work for the Commission. 
Similarly, they shall be exempt from payment of taxes, fees or 
other charges on income derived from sources outside the 
Republic of Panama.
  3. United States citizen employees and dependents shall be 
exempt from taxes, fees or other charges on gifts or 
inheritance or on personal property, the presence of which 
within the territory of the Republic of Panama is due solely to 
the stay therein of such person on account of their sponsor's 
work with the Commission.
  4. The Coordinating Committee may establish such regulations 
as may be appropriate for the implementation of this Article.

                       Article XVI--Import Duties

  1. Except for the exemptions provided for in this Agreement, 
United States citizen employees and dependents shall be subject 
to the customs laws and regulations of the Republic of Panama.
  2. All property imported for the official use or benefit of 
the Commission, including that imported by its contractors or 
subcontractors in connection with the various activities 
authorized under this Agreement, shall be exempt from the 
payment of all customs duties or other import taxes and charges 
and from all license requirements. The Commission shall issue a 
certificate, following the form adopted by the Coordinating 
Committee, stating that the property being imported is for 
these purposes.
  3. Property consigned to or imported for the personal use of 
United States citizen employees or dependents shall be subject 
to the payment of import duties or other import taxes, except 
for the following:
          (a) Furniture, household goods and personal effects 
        imported by such persons for their private use within 
        six months following their first arrival in the 
        Republic of Panama.
          (b) Vehicles imported by such persons for their 
        private use. The Coordinating Committee shall establish 
        the limitations on the quantity and frequency of 
        additional imports of vehicles and shall authorize such 
        importation of at least one vehicle every two years.
          (c) A reasonable quantity of articles for the private 
        use of such persons, imported as personal baggage or 
        sent into the Republic of Panama through the mails.
          (d) Such other imports as may be expressly authorized 
        by the competent authorities of the Republic of Panama 
        at the request of the Commission.
  4. The exemptions granted in paragraph 3 of this Article 
apply only to cases involving the importation of articles 
exempted at the time of entry and shall not be construed as 
obligating the Republic of Panama to reimburse customs duties 
and domestic taxes collected by the Republic of Panama in 
connection with the purchase of goods from Panamanian sources 
subsequent to their importation.
  5. Customs inspections shall not be made in the following 
cases:
          (a) United States citizen employees traveling on 
        official business who enter or depart from the Republic 
        of Panama;
          (b) Official documents under official seal, and mail 
        sent through the military postal channels of the United 
        States;
          (c) Cargo consigned to the Commission.
  6. Property imported under this Article and subsequently 
transferred to a person who is not entitled to duty-free 
importation shall be subject to the payment of import duties 
and other taxes according to the laws and regulations of the 
Republic of Panama.
  7. All property imported in the Republic of Panama free of 
customs duties and other taxes pursuant to paragraphs 2 and 3 
of this Article may be exported free of customs duties, export 
permits, export taxes, and other assessments. All property 
acquired in the Republic of Panama by, or in the name of, the 
Commission, or acquired by United States citizen employees or 
dependents for their private use, may be exported free of 
customs duties, export licenses, and other export taxes or 
charges.
  8. The authorities of the United States agree to cooperate 
with the authorities of the Republic of Panama and shall take, 
within their legal authority, all steps necessary to prevent 
the abuse of the privileges granted under this Article to 
United States citizen employees or dependents, which measure 
may include dismissal of such employees.
  9. In order to prevent violations of the customs laws and 
regulations of the Republic of Panama, the two Parties agree as 
follows:
          (a) The competent authorities of the United States 
        and the authorities of the Republic of Panama shall 
        mutually assist one another in the conduct of 
        investigations and the collection of evidence.
          (b) The authorities of the United States shall take, 
        within their legal authority, all necessary measures to 
        ensure that articles subject to seizure by or in the 
        name of the customs authorities of the Republic of 
        Panama are delivered to these authorities.
          (c) The authorities of the United States shall take, 
        within their legal authority, all necessary measures to 
        ensure the payment by United States citizen employees, 
        and dependents, of such import duties, taxes, and fines 
        as may be duly determined by the authorities of the 
        Republic of Panama.
  10. Vehicles and articles belonging to the Commission that 
are seized from a person by the authorities of the Republic of 
Panama in connection with a violation of its customs or tax 
laws or regulations shall be delivered to the competent 
authorities of the Commission.
  11. The Coordinating Committee will constitute the means of 
communication and information between the two Parties with 
regard to matters pertaining to the implementation of this 
Article.

                         Article XVII--Surveys

  The United States may carry out topographic, hydrographic, 
agrologic and other surveys (including the taking of aerial 
photographs) within the area made available for the use of the 
United States pursuant to this Agreement and within the 
watershed basin of Gatun, Alajuela (Madden) and Miraflores 
Lakes. Surveys in other areas of the Republic of Panama shall 
require authorization from the Republic of Panama and shall be 
carried out in the manner agreed upon in the Coordinating 
Committee. The Republic of Panama shall, at its option, 
designate a representative to be present during such surveys. 
The United States shall furnish a copy of the data resulting 
from such surveys to the Republic of Panama at no cost.

                         Article XVIII--Claims

  1. (a) Each Party shall settle claims against it for damage 
to any property owned and used by the other Party in the 
following circumstances:
          (i) If the damage was caused by an employee of the 
        Government, against which the claim is made, in the 
        performance of his official duties; or
          (ii) If the damage arose from the use of any vehicle, 
        vessel or aircraft owned and used by the said 
        Government, provided either that the vehicle, vessel or 
        aircraft causing the damage was being used for official 
        purposes, or that the damage was caused to property 
        being so used.
  (b) If it is not settled in due course, the claim may be 
pursued through diplomatic channels. Both Parties hereby waive 
the collection  of  any  claims  for  an  amount  less  than  
$1,400 U.S.,  or B/. 1,400, whichever may be the currency of 
greater value.
  2. In cases of maritime salvage, each Party waives its claims 
against the other if the vessel or cargo salved was the 
property of the other Party and was used for official purposes.
  3. For the purposes of this Article, any vessel chartered, 
requisitioned or seized in prize by a Party shall be considered 
its property (except to the extent that the risk of loss or 
liability is assumed by some other person than such Party).
  4. United States citizen employees shall be subject to the 
jurisdiction of the civil courts of the Republic of Panama 
except in matters which arise from the performance of their 
official duty. In cases in which payment has been accepted in 
full satisfaction of the claim, the civil courts of the 
Republic of Panama shall dismiss any proceeding concerning such 
matter.
  5. Non-contractual claims arising from damages caused in the 
performance of their official duties by employees of the 
Commission to third parties shall be presented by the injured 
party through the Coordinating Committee to the appropriate 
authorities of the Commission for settlement. The authorities 
of the Republic of Panama may submit advice and recommendations 
on Panamanian law to the claims authorities of the Commission 
for the use in evaluating liability and amount of damages. The 
Commission shall assure payment of the appropriate damages if 
any are due.
  6. Contractual claims against the Commission shall be settled 
in accordance with the dispute clause of the contracts, and in 
the absence of such clause through presentation of claims to 
the Commission.
  7. The Commission shall require contractors and 
subcontractors referred to in Article XI of this Agreement to 
obtain appropriate insurance to cover the civil liabilities 
that may be incurred in the territory of the Republic of Panama 
as a result of acts or omissions done in the performance of 
official duty by their employees. The Coordinating Committee 
shall establish the general standards for such insurance.
  8. The authorities of both Parties shall cooperate in the 
investigation and procurement of evidence for a fair 
disposition of claims under this Article.

                   Article XIX--Criminal Jurisdiction

  1. The Republic of Panama shall exercise, in the manner 
herein indicated, its jurisdiction over United States citizen 
employees and dependents with respect to all offenses arising 
from acts or omissions committed by them within the territory 
of the Republic of Panama and punishable under the laws of the 
Republic of Panama.
  2. Concerning offenses committed by United States citizen 
employees or dependents that are punishable under the laws of 
both Parties, the authorities of the United States may request 
the Republic of Panama to waive its jurisdiction in favor of 
the authorities of the United States. Said authorities shall, 
in their request, state the reasons therefor, and the republic 
of Panama shall give favorable consideration to such requests 
in the following cases:
          (a) If the offense arises out of an act or omission 
        done in the performance of official duty. In such 
        cases, when requested by the authorities of the 
        Republic of Panama or when the authorities of the 
        United States may deem it necessary, the latter shall 
        issue a certificate establishing that the offense 
        originated from an act or omission occurring in the 
        performance of official duty. The Republic of Panama 
        shall consider this certificate as sufficient proof for 
        the purposes of this paragraph, or shall request a 
        review by the Coordinating Committee, within ten days 
        of the date of receipt of the certificate. The 
        Coordinating Committee shall complete its review within 
        ten days from the date of receipt of the request, 
        except when more thorough consideration may be 
        necessary, in which case the Coordinating Committee 
        shall complete its review within thirty days. A 
        substantial deviation from the duties which a person is 
        required to perform in a specific mission shall 
        generally indicate an act or omission not occurring in 
        the performance of official duty and, consequently, the 
        authorities of the United States will not consider it 
        necessary to issue a certificate of official duty.
          (b) If the offense is solely against the property or 
        security of the United States and is committed in a 
        Canal operating area or in a housing area. It is 
        understood that offenses against the security of the 
        United States include: treason or sabotage against the 
        United States, espionage or violation of any law 
        relating to official secrets of the United States or to 
        secrets relating to the national defense of the United 
        States.
  3. In any case in which the authorities of the Republic of 
Panama waive jurisdiction to the United States, or in cases in 
which the offense constitutes a crime under the laws of the 
United States, but not under the laws of the Republic of 
Panama, the accused United States citizens employee or 
dependent shall be tried outside of the territory of the 
Republic of Panama.
  4. (a) The authorities of the Republic of Panama shall notify 
the authorities of the United States as promptly as possible of 
the arrest of any United States citizen employee or dependent.
  (b) The following procedures shall govern the custody of an 
accused United States citizen employee or dependent over whom 
the Republic of Panama is to exercise its jurisdiction:
          (i) If the accused is detained by the authorities of 
        the Republic of Panama he shall, except when charged 
        with murder, rape, robbery with violence, trafficking 
        in drugs, or crimes against the security of the 
        Panamanian State, be handed over on request to the 
        authorities of the United States in whose custody he 
        shall remain until completion of all judicial 
        proceedings and thereafter until custody is requested 
        by authorities of the Republic of Panama for the 
        execution of a sentence.
          (ii) When charged with murder, rape, robbery with 
        violence, trafficking in drugs, or crimes against the 
        security of the Panamanian State, the accused will 
        remain in the custody of the authorities of the 
        Republic of Panama. In these cases, the authorities of 
        the Republic of Panama shall give sympathetic 
        consideration to requests for custody by the 
        authorities of the United States.
  5. (a) The authorities of the United States shall give full 
consideration to special requests made by the authorities of 
the Republic of Panama regarding conditions of custody of any 
detainee in the custody of the United States.
  (b) When the accused is in the custody of the authorities of 
the United States, he must, upon request by the authorities of 
the Republic of Panama, be made available to them for the 
purposes of investigation and trial. This obligation of the 
United States to ensure the appearance of an accused United 
States citizen employee, or dependent shall be deemed to 
satisfy the bail requirement set by the laws of the Republic of 
Panama.
  6. (a) The authorities of the United States and of the 
Republic of Panama shall assist each other in carrying out all 
necessary investigations of offenses and in the collection and 
production of evidence, including the seizure and, in proper 
cases, the delivery of objects connected with an offense and 
the appearance of witnesses as necessary.
  (b) The authorities of the United States and of the Republic 
of Panama shall, upon request by the other Party, inform each 
other of the status of cases referred to under the provisions 
of this Article.
  7. As is provided in the laws of the Republic of Panama, a 
United States citizen employee or a dependent who has been 
convicted by a Panamanian court shall not be subject to the 
death penalty or to any form of cruel and unusual punishment or 
treatment.
  8. When an accused United States citizen employee or 
dependent has been tried in accordance with the provisions of 
this Article by the authorities of the United States or by the 
authorities of the Republic of Panama and has been acquitted, 
or has been convicted and is serving, or has served, his 
sentence, or has been pardoned, he shall not be tried again for 
the same offense within the territory of the Republic of 
Panama.
  9. Whenever an accused United States citizen employee or a 
dependent is tried by the authorities of the Republic of Panama 
he shall be entitled to the procedural guarantees listed in 
Annex C of this Agreement.
  10. During the detention by the authorities of the Republic 
of Panama of a United States citizen employee or a dependent 
the authorities of the Republic of Panama shall permit members 
of his immediate family to visit him weekly. Material and 
medical assistance (such as food, clothing and comfort items) 
which the authorities of the United States and members of his 
immediate family may consider desirable, and any other 
assistance which is in accordance with or allowed by Panamanian 
prison regulations, may be provided to him on such visits.
  11. The Coordinating Committee will constitute the channel of 
communication and information between the two Parties with 
regard to matters pertaining to the implementation of this 
Article.

                     Article XX--General Provisions

  1. The activities of the United States in the Republic of 
Panama shall be carried out with adequate attention to public 
health and safety, and consequently, within the areas made 
available for the use of the United States under this 
Agreement, the authorities of the United States shall have the 
right to take appropriate sanitation measures. The authorities 
of the United States shall cooperate with the authorities of 
the Republic of Panama for these purposes.
  2. United States citizen employees and dependents may bear 
private arms in accordance with applicable Panamanian laws and 
regulations.
  3. The Commission shall establish regulations to provide for 
the handling of matters under its competence in the English and 
Spanish languages, as appropriate.

                         Article XXI--Duration

  This Agreement shall enter into force simultaneously with the 
entry into force of the Panama Canal Treaty, signed this date, 
and shall remain in force throughout the period that the 
aforesaid Treaty remains in force.

  Done at Washington, this 7th day of September 1977, in 
duplicate, in the English and Spanish languages, both being 
equally authentic.
                              ----------                              


Annex A--Canal Operating Areas, Housing Areas, Accessory Facilities and 
                     Installations, and Anchorages

  The Canal operating areas, housing areas, accessory 
facilities and installations, and anchorages, the use of which 
is made available by the Republic of Panama to the United 
States by this Agreement, are described below and identified, 
but not definitively, on the maps attached hereto and 
referenced herein.\2\ When areas or installations are depicted 
on more than one map of different scales, the identification on 
the map with the largest scale shall be controlling. More 
precise identifications and exact boundaries shall be agreed 
upon as soon as practicable by the Coordinating Committee 
established in Article II of this Agreement, after a joint 
survey to be conducted by representatives of the two Parties. 
When the aforementioned identifications have been completed and 
agreed upon, they shall be controlling as to the boundaries of 
the installations and areas described in this Annex.
---------------------------------------------------------------------------
    \2\ The maps referred to in this Annex are not reproduced in this 
volume. See TIAS 10031, attachment 1 [pocket].
    The map atlas is deposited in the archives of the Department of 
State where it is available for reference.
---------------------------------------------------------------------------
  1. (a) The Canal operating areas are described generally as 
follows:
          (i) A continuous area generally following the course 
        of the Panama Canal and generally contiguous to it, 
        running from the Atlantic Ocean to the Pacific Ocean, 
        and including the Atlantic entrance, Gatun Locks, dam, 
        spillway and power station, portions of Gatun Lake, 
        Gaillard Cut, Pedro Miguel Locks, Miraflores Lake, 
        Miraflores Locks, spillway filtration plant and power 
        station, and the Pacific entrance, as well as the land 
        and water areas encompassing them.
          (ii) Certain areas not contiguous to the Canal, 
        including the Brazos Brook area, the Gatun tank area, 
        the Madden Dam and power station area, the Corozal/
        Cardenas area, and the Sosa hill area.
  The Canal operating area described generally above, with the 
two exceptions hereinafter referred to, is identified on the 
map which is attached hereto as Attachment No. 1 in the manner 
indicated on the legend thereof. Although not so identified on 
the referenced map, the land and water areas which lie beneath 
the Thatcher Ferry Bridge and any new bridge that is 
constructed along the Panama/Arraijan right of way, to the 
extent that they are within the boundaries of the Canal 
operating area described in subparagraph 1(a)(i), above, are 
included in, and are parts of, that Canal operating area.
          (iii) Barro Colorado Island, in the event and at such 
        time as the Smithsonian Tropical Research Institute or 
        an organization of similar purpose discontinues its 
        activities there. This island is identified by name on 
        the map attached hereto as Attachment No. 1.
          (iv) Summit Naval Radio Station, at such time as use 
        of the area is no longer required by the United States 
        Forces. For purposes of this provision, this area is 
        identified by name on the map attached hereto as 
        Attachment No. 1.
  (b) The Canal Zone Penitentiary shall cease to be a part of 
the Canal operating areas three years following the entry into 
force of this Agreement. For the purposes of this provision, 
the approximate center of this area is located at Coordinate 
441069 on the map attached hereto as Attachment No. 1.
  (c) The following areas shall cease to be a part of the Canal 
operating area five years following the entry into force of 
this Agreement:
          (i) The Mount Hope warehouse area; and
          (ii) The Mount Hope motor transportation area.
  For the purposes of this provision, the Mount Hope warehouse 
area is identified on the map attached hereto as Attachment No. 
2, SK 529-25-14A, in the manner indicated on the legend 
thereof, and the Mount Hope motor transportation area is 
identified on the map attached hereto as Attachment No. 3, SK 
529-25-13A, in the manner indicated on the legend thereof.
  (d) The following installations not contiguous to the Canal 
operating areas described in subparagraph 1(a) above shall be 
subject to the provisions of the Panama Canal Treaty and this 
Agreement applicable to the Canal operating areas:
          (i) Retirement Office (449-X);
          (ii) Sanitation Buildings (428, 428-X);
          (iii) Health Bureau Official Quarters (286, 288, 286-
        G);
          (iv) Pump House, Chilled Water (278);
          (v) Treasurer's Office (287, 287-X);
          (vi) Central Employment Office (363);
          (vii) Payroll Branch Office (365);
          (viii) Personnel Bureau Office (366);
          (ix) Grounds Maintenance Building (361);
          (x) Distribution Substation (367);
          (xi) District Court Building (310);
          (xii) Community Welfare (Red Cross) (0610-B);
          (xiii) Motor Transportation Facilities (0625-A 
        through K, 0630-C);
          (xiv) Grounds Maintenance Office (0630-B);
          (xv) Sewage Treatment Plant (0626, 0626-A, 0626-B);
          (xvi) Grounds Maintenance Building (0586-X); and
          (xvii) Maintenance Field Shop (234).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 4, SK 
529-5-1, in the manner indicated on the legend thereof.
          (xviii) Administration Building (101);
          (xix) Balboa Filtered Water--Pump Station (634);
          (xx) Community Service Office Building (635);
          (xxi) Training Center (0600, 0602, 0604);
          (xxii) Ancon Water Reservoir;
          (xxiii) Grounds Maintenance Buildings (106, 108-X); 
        and
          (xxiv) Garage (628-X).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 5, SK 
529-25-2, in the manner indicated on the legend thereof.
          (xxv) Buildings (725, 726);
          (xxvi) Community Health Center Building (721);
          (xxvii) Maintenance Shop (1437);
          (xxviii) Garage Buildings (0900, 711-X, 761-X, 786-X, 
        787-X, 788-X, 789-X, 797-X, 1435);
          (xxix) Storage Sheds and Toilets (1559-X, 0773, 0849, 
        1435-X);
          (xxx) Community Service Youth Facilities (0910);
          (xxxi) Sewage Pump Station (0755);
          (xxxii) Magistrates Court (803);
          (xxxiii) Balboa Police Station (801, 801-R, 801-S, 
        801-T, 801-U); and
          (xxxiv) Water Tanks--Ancon Hill.
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 6, SK 
529-25-3, in the manner indicated on the legend thereof.
          (xxxv) Docks 12, 13 and 19;
          (xxxvi) Harbor Master Building (43-A);
          (xxxvii) Construction Division Offfice (29-X)
          (xxxviii) Port Engineer Building (31);
          (xxxix) Instrument Repair Shop (1-J);
          (xl) Apprentice Training Facilities (2A and 3);
          (xli) Warehouses (5, 19, 4, 44-B and 42 including 
        yard area and miscellaneous small support buildings);
          (xlii) Supply Management office (28);
          (xliii) Refrigeration and Air Conditioning Repair 
        Facility (14);
          (xliv) Maintenance Facilities (8 and 10);
          (xlv) Toilets (21);
          (xlvi) Pilots Carport (39-B);
          (xlvii) Rigging Shed, supporting Dock 19 (51);
          (xlviii) Furniture Storage, Lubrication Warehouse 
        (78);
          (xlix) Community Service Balboa recreational Tennis 
        Courts;
          (l) Pier 20 Area (including 57 and 57-X);
          (li) Electronic Repair Facility (40);
          (lii) Core Storage (12);
          (liii) Central Air Conditioning Plant and Cooling 
        Tower (9);
          (liv) Maintenance Equipment Storage (13);
          (lv) Sand Blasting Shed (12-A);
          (lvi) Community Service Recreational Facility (9-A);
          (lvii) Electrical Division Buildings (66-A, 66-B, 66-
        C, 66-D, 66-E, 38 and 36);
          (lviii) Chilled Water Pump house 972);
          (lix) Telephone Exchange Building (69); and
          (lx) Building (37).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 7, SK 
529-25-4, in the manner indicated on the legend thereof.
          (lxi) Toilets and Storage (1256);
          (lxii) Community Service Youth Facilities (0791);
          (lxiii) Foam Storage Facility (1254);
          (lxiv) Sewage Pump Station No. 2 (1208);
          (lxv) Dock 4;
          (lxvi) Printing and Duplicating Center (911); and
          (lxvii) Marine Traffic Control Center (909, 910).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 8, SK 
529-25-5, in the manner indicated on the legend thereof.
          (lxviii) Records Storage (42-D);
          (lxix) Warehouse and Office (42-G, 42-F);
          (lxx) Quarters Maintenance Shop (5052);
          (lxxi) Toilets and Storage (5546);
          (lxxii) Storage and Warehouse (5553);
          (lxxiii) Surveying Office and Storage (5250);
          (lxxiv) Community Service Center (5051, 5051-X);
          (lxxv) Diablo Power Substation (5300);
          (lxxvi) Office Building (5140); and
          (lxxvii) Storage Warehouse (42-E).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 9, SK 
529-25-6, in the manner indicated on the legend thereof.
          (lxxviii) Water Tanks;
          (lxxix) Water Pump Station (6219);
          (lxxx) Toilets and Storage (6423);
          (lxxxi) Community Welfare--AA (6550); and
          (lxxxii) Los Rios Power Substation (6464).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 10, SK 
529-25-7, in the manner indicated on the legend thereof.
          (lxxxiii) Telephone Exchange (52);
          (lxxxiv) Communication Field Office (53);
          (lxxxv) Fire Station (62);
          (lxxxvi) Community Service Center (65-A) and B.S.A. 
        (729);
          (lxxxvii) Gas Station, Noncommercial (57);
          (lxxxviii) Housing Office, Maintenance Shops (58);
          (lxxxix) Toilet and Storage (77-A, 0277-X, 332);
          (xc) Sanitation Building (64); and
          (xci) Community Health Center (63).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 11, SK 
529-25-10, in the manner indicated on the legend thereof.
          (xcii) Grounds Maintenance Offices, Toilets and 
        Storage (40-A, 40-G, 141;
          (xciii) Garages (29, 29-A, 108, 140);
          (xciv) Telephone Exchange (102-X);
          (xcv) A.R.S. (71, 74, 104, 135, 150, 208, 210, 220, 
        233-X, 236-X, 262, 355, 373, UX-1, UX-2, UX-3) and 
        B.S.A. (122);
          (xcvi) Public Toilet (385);
          (xcvii) Fire Station (161);
          (xcviii) Community Service Center (206); and
          (xcix) Gatun Power Substation (100).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 12, SK 
529-25-11, in the manner indicated on the legend thereof.
          (c) Construction Division Office (7998);
          (ci) Quarters Maintenance Shop and Office (7999);
          (cii) Toilets and Storage (8038-X, 8471);
          (ciii) Community Service Center (8040);
          (civ) Sewage Pump Station (8140); and
          (cv) Community Service Center Building Garage (8040-
        X).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 13, SK 
529-251-2, in the manner indicated on the legend thereof.
          (cvi) Engineering Survey Building (9212);
          (cvii) Telephone Building (9214); and
          (cviii) Fire Station Building (9100).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 14, SK 
529-25-8, in the manner indicated on the legend thereof.
          (cix) Filtered Water Pump House (308); and
          (cx) Paraiso Power Substations.
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 15, SK 
529-25-9, in the manner indicated on the legend thereof.
          (cxi) Motor Transportation Facilities (5046, 5063, 
        5064, 5064-A, 5065, 5067, 5077); and
          (cxii) Canal/IRHE Power Interconnect Station.
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 16, SK 
529-25-13, in the manner indicated on the legend thereof.
          (cxiii) Mount Hope Warehouse Complex (7018, 7020, 
        7021, 7022, 7025-A, 7025-B, 7025-C, 7030, 7031, 7032, 
        7033);
          (cxiv) Fire Station (7029);
          (cxv) Mount Hope Water Filtration Plant (7035, 7037 
        and Water Tanks 1 and 2);
          (cxvi) Air Conditioning and Refrigeration Maintenance 
        (7024); and
          (cxvii) Electrical Field Facilities (7051, 7051-A, 
        7051-B, 7051-C, 7051-D, 7056).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 17, SK 
529-25-14, in the manner indicated on the legend thereof.
          (cxviii) Tugboat Personnel Parking Area and Shed;
          (cxix) Harbor Master Office and Boat House (1013);
          (cxx) Administration Building (1105); (3339);
          (cxxi) Dredging Division Office and Dock (3339);
          (cxxii) Maintenance Facilities (1707, 1707-C, 1707-D, 
        1707-E, 1709, 1726, 1728, 1730, 1708);
          (cxxiii) Telephone Exchange (1907);
          (cxxiv) Signal Station--Top of Pier 6;
          (cxxv) Tug Landings at ends of Piers 6 and 7; and
          (cxxvi) Police Training Center (1107).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 18, SK 
529-25-15, in the manner indicated on the legend thereof.
          (cxxvii) Buildings (22, 100, 82);
          (cxxviii) Toilets and Storage (53);
          (cxxix) Community Service Center and Telephone 
        Exchange (1140);
          (cxxx) Coco Solo Power Substation (3);
          (cxxxi) Maintenance Shop (130); and
          (cxxxii) Imhoff Tanks (86, 91).
The installations which are described immediately above are 
identified on the map attached hereto as Attachment No. 19, SK 
529-25-16, in the manner indicated on the legend thereof.
          (cxxxiii) Toilet and Storage (0349).
The installation which is described immediately above is 
identified on the map attached hereto as Attachment No. 20, SK 
529-25-18, in the manner indicated on the legend thereof.
          (cxxxiv) Amador Causeway and roadway south from 
        southern tip of Fort Amador (Coordinates 601873 to 
        627847);
          (cxxxv) Naos Island landing facilities, including 
        dispatcher building, piers, float, breakwater and 
        access roadway (Coordinate 611858);
          (cxxxvi) Flamenco Island Signal Station (Coordinate 
        627847);
          (cxxvii) Farfan Spillway (Coordinate 577868);
          (cxxxviii) Madden Wye Facilities (101, 102, 104, 105, 
        106, 107, 108, 109, 111, 112, 113, 114, 127, 128, 129, 
        149, 172, 173) (Coordinate 499016);
          (cxxxix) Summit Power Substation (Coordinate 495013);
          (cxl) Summit Explosive Storage Facilities (1, 2, and 
        3) (Coordinate 477030);
          (cxli) 44 KV Power Transmission Line (Coordinates 
        519183 to 495013);
          (cxlii) Coco Solito Water Meterhouse (6201) 
        (Coordinate 229323); and
          (cxliii) South Coco Solo Power Substation (1116) 
        (Coordinate 232345).
The approximate center or locations of the installations 
described immediately above are identified by the accompanying 
coordinates, as located on the map attached hereto as 
Attachment No. 1.
  (e) The following installations that are described in 
subparagraph 1(d) above shall cease to be installations subject 
to the provisions of this Agreement applicable to the Canal 
operating areas as stated below:
          (i) Thirty calendar months following the entry into 
        force of this Agreement:
                  (A) The Balboa Police Station Complex (801, 
                801-R, 801-S, 801-T and 801-U).
                  (B) The Balboa Magistrates Court (803).
  For the purposes of this provision, the Balboa Police Station 
complex and the Balboa Magistrates Court are identified on the 
map attached hereto as Attachment No. 21, SK 529-25-3A, in the 
manner indicated on the legend thereof.
          (ii) Three years following the entry into force of 
        this Agreement:
                  (A) The Ancon District Court (310).
                  (B) The Cristobal Police Training Center 
                (1107).
  For the purposes of this provision, the Ancon District Court 
is identified on the map attached hereto as Attachment No. 22, 
SK 529-25-1A, in the manner indicated on the legend thereof, 
and the Cristobal Police Training Center is identified on the 
map attached hereto as Attachment No. 23, SK 529-25-15A, in the 
manner indicated on the legend thereof.
          (iii) At such time as the United States ceases to use 
        such installations:
                  (A) The Balboa Commissary Installation (725 
                and 726).
                  (B) The Coco Solo Commissary installation 
                (100 and 22).
  For the purposes of this provision, the Balboa Commissary 
Installation is identified on the map attached hereto as 
Attachment No. 21, SK 529-25-3A, and the Coco Solo Commissary 
installation is identified on the map attached hereto as 
Attachment No. 24, SK 529-25-16A.
          (iv) At such times the following areas and 
        installations are required by the Republic of Panama 
        for expansion of the Port of Balboa.
                  (A) The Pier 20 area (including 57 and 57-X).
                  (B) The Scrap Yard area (less 42).
  For the purposes of this provision, these areas and 
installations are identified on the map attached hereto as 
Attachment No. 25, SK 529-25-4A in the manner indicated on the 
legend thereof.
  2. The Housing Areas are as follows:
          (a) Coco Solo, as identified on the map attached 
        hereto as Attachment No. 19, SK 529-25-16, in the 
        manner indicated on the legend thereof.
          (b) France Field (Gold Hill), as identified on the 
        map attached hereto as Attachment No. 20, SK 529-25-18, 
        in the manner indicated on the legend thereof.
          (c) Margarita, as identified on the map attached 
        hereto as Attachment No. 13, SK 529-25-12, in the 
        manner indicated on the legend thereof.
          (d) Mindi, as located on the map attached hereto as 
        Attachment No. 1 (approximate center at Coordinate 
        202286).
          (e) Gatun, as identified on the map attached hereto 
        as Attachment No. 12, SK 529-25-11, in the manner 
        indicated on the legend thereof.
          (f) Gamboa, as identified on the map attached hereto 
        as Attachment No. 11, SK 529-25-10, in the manner 
        indicated on the legend thereof.
          (g) Cardenas (Commission housing), as identified on 
        the map attached hereto as Attachment No. 26, SK 529-
        25-7A, in the manner indicated on the legend thereof.
          (h) Los Rios, as identifed on the map attached hereto 
        as Attachment No. 10, SK 529-25-7, in the manner 
        indicated on the legend thereof.
          (i) Corozal, as identified on the map attached hereto 
        as Attachment No. 10, SK 529-25-7, in the manner 
        indicated on the legend thereof.
          (j) Diablo, as identified on the map attached hereto 
        as Attachment No. 9, SK 529-25-6, in the manner 
        indicated on the legend thereof.
          (k) Balboa (La Boca), as identified on the maps 
        attached hereto as Attachments Nos. 6 and 8, SK 529-25-
        3 and SK 529-25-5, in the manner indicated on the 
        legends thereof.
          (l) Balboa Heights, as identifed on the map attached 
        hereto as Attachment No. 5, SK 529-25-2, in the manner 
        indicated on the legend thereof.
          (m) Ancon, as identified on the map attached hereto 
        as Attachment No. 4, SK 529-25-1, in the manner 
        indicated on the legend thereof.
          (n) 18 housing units located within the area 
        identified as the ``Summit Naval Radio Station'' on the 
        map attached hereto as Attachment No. 1, in the event, 
        and at such time as the area ceases to be a Military 
        Area of Coordination.
          (o) Cardenas (FAA housing), as identified on the map 
        attached hereto as Attachment No. 27, SK 529-25-7AA, in 
        the manner indicated on the legend thereof, in the 
        event and at such time as the use of said housing area 
        by the Federal Aviation Administration terminates and 
        the area ceases to be an area subject to a separate 
        bilateral agreement.
  3. The accessory installations and facilities outside the 
areas made available for the use of the United States which the 
United States may continue to use are as follows:
          (a) aids to navigation;
          (b) triangulation stations;
          (c) hydrographic stations and telemetering stations;
          (d) spoil dump areas;
          (e) ship beaching areas;
          (f) saddle dams, dikes and water control structures;
          (g) piers and docks;
          (h) bank stability surveillance and protection 
        systems;
          (i) support facilities; and
          (j) other existing facilities and installation 
        required for the management, operation, or maintenance 
        of the Canal (such as maintenance facilities, utility 
        lines, and pipelines).
  4. The Anchorages are as follows:
          (a) The Pacific anchorage area, as identified on 
        navigational chart No. 21603, attached hereto as 
        Attachment No. 28, in the manner indicated on the 
        legend thereof.
          (b) The Atlantic anchorage area, as identified on 
        navigational chart No. 26068, attached hereto as 
        Attachment No. 29, in the manner indicated on the 
        legend thereof.
  5. The areas for expansion of the Anchorages are as follows:
          (a) The Pacific anchorage expansion area, as 
        indentified on the navigation chart attached hereto as 
        Attachment No. 28, in the manner indicated on the 
        legend thereof.
          (b) The Atlantic anchorage expansion area, as 
        identified on the navigational chart attached hereto as 
        Attachment No. 29, in the manner indicated on the 
        legend thereof.
          (c) The Limon Bay anchorage expansion area, as 
        identified on the navigational chart attached hereto as 
        Attachment No. 29, in the manner indicated on the 
        legend thereof.
  6. The following land and water areas outside of the areas 
made available for the use of the United States pursuant to the 
Panama Canal Treaty are also subject to the land use licensing 
procedure set forth in Article V of this Agreement as stated:
          (a) As of the entry into force of this Agreement:
                  (i) The Chagres River between Gamboa and 
                Madden Dam to the 100 foot contour line. The 
                Chagres River between Gatun Dam and the 
                Caribbean Sea to the 30 foot contour line.
                  (ii) Near to the Atlantic entrance to the 
                Canal:
                          --Within Limon Bay, those areas west 
                        of the Canal's channel that are not 
                        within the Canal operating area.
                          --Outside Limon Bay, for a distance 
                        of 3 kilometers on each side of the 
                        center line of the Canal's channel from 
                        the breakwater north for a distance of 
                        3 nautical miles.
                  (iii) Near the Pacific entrance of the Canal:
                          --Along the east bank of the Canal 
                        from Balboa Port south to the Amador 
                        causeway, 30 miles inland from the high 
                        water mark.
                          --Along that portion of the Amador 
                        causeway extending from the southern 
                        limit of the Fort Amador mainland to 
                        Naos Island, the area northeast of the 
                        causeway for a distance of 1 kilometer.
                          --The water areas within a distance 
                        of 3 kilometers each side of the center 
                        line of the Canal channel from a point 
                        (Coordinate 603855) near Naos Island 
                        extending southeast paralleling the 
                        Canal center line for a distance of 3 
                        nautical miles.
                          --The water areas between the 
                        easterly boundary of the Howard Air 
                        Force Base-Fort Kobbe Complex and the 
                        Canal channel.
          (b) Three years after the entry into force of this 
        Agreement: Canal Zone Penitentiary area (Gamboa), as 
        described in subparagraph 1(b) above.
                              ----------                              


                 Annex B--Ports of Balboa and Cristobal

  The areas and installations of the Ports of Balboa and 
Cristobal, as well as certain specific use rights and 
guarantees granted by the Republic of Panama to the United 
States in connection therewith, are described below and, in the 
case of the said areas and installation, are identified, but 
not definitively, on the maps attached hereto and referenced 
herein and on various maps attached to Annex A. When areas or 
installations are depicted on more than one map of different 
scales, the identification on the map with the largest scale 
shall be controlling. More precise identifications and exact 
boundaries shall be agreed upon as soon as practicable and in 
the same manner as described in Annex A. When the 
aforementioned identifications have been completed and agreed 
upon, they shall be controlling as to the boundaries of the 
installations and areas described in this Annex.
  1. The boundaries of the Ports of Balboa and Cristobal are 
identified on the maps attached hereto as Attachments Nos. 1 
and 2 respectively, in the manner indicated on the legend 
thereof.
  2. The United States shall have the right to use, for the 
management, operation, maintenance, protection and defense of 
the Canal, the following port installations and equipment which 
the Republic of Panama shall maintain in efficient operating 
condition:
          (a) Docks 6, 7, 14, 15, 16, 17, and Pier 18, 
        including fendering systems, capstans, camels, 
        bollards, bits, and wearing surfaces, railroad spurs, 
        crane tracks, signal lights, water lines, sewers, 
        compressed air lines, power cables, telephone cables, 
        duct lines and material handling equipment, tunnels, 
        and switch gear.
          (b) Facilities.
                  (i) Drydock No. 1, including all of the 
                following facilities, equipment and utilities 
                required to support its operation:
                          (A) Drydock Miter Gates and two 
                        electric motors and mechanical systems 
                        for opening and closing the gates.
                          (B) Fifty keel blocks and one hundred 
                        and fifty hauling blocks, including all 
                        hauling block tracks, chain sheaves, 
                        brackets, hauling chains, and blocking 
                        dogs.
                          (C) Ten capstans.
                          (D) Flooding/dewatering tunnels.
                          (E) Four dewatering pumps, two 
                        drainage pumps, and one salt water 
                        pump.
                          (F) All valves, bulkheads, and 
                        screens in the flooding and dewatering 
                        system.
                          (G) Three stationary 1,600 CFM Joy 
                        Air Compressors.
                          (H) One elevator.
                          (I) Sixteen portable rain sheds.
                          (J) Dock 8.
                          (K) All electrical switch gear, 
                        lighting and power systems, water and 
                        compressed air piping, and hydraulic 
                        control systems located in Building 29, 
                        the Drydock and Dock 8.
                  (ii) Buildings:

 
 
                          Numbers                                                Description
 
    1......................................................  Machine shop.
    1-C....................................................  Facilities building (storage).
    1-D....................................................  Launch repair.
    1-G....................................................  Pipe shop.
    1-H....................................................  Central toolcrib. Hose and blower room; power tool
                                                              repair shop.
    29.....................................................  Pump and compressor plant.
    32.....................................................  Drydock block storage shed.
    17, 18, 20, 25, and 30.................................  Toilet and locker rooms.
 

  All utility tunnels, electrical air and water systems which 
serve these buildings.
          (c) Machine Tools and Equipment:
                  (i) Cranes D-4 (50-tons, steam) and D-19-N 
                (30-ton, diesel-electric) and all trackage.
                  (ii) Portable 5-ton electric cranes (US-28 
                and 52).
                  (iii) Overhead Cranes: Two in bldg. 29; two 
                in Bldg. 1.
                  (iv) Scaffolding and gangways.
                  (v) Bolt cutting and threading machine, M-
                569-N.
                  (vi) Grinding machine, M-723-N.
                  (vii) Band saws: T2-22-N, T2-27-N, XT-627, N-
                27, and BR-65.
                  (viii) Lathes: M-267, M-539-N, M-820-N, L-
                121-N, L-132, XM-729-N, XM-741-N, XM-808-N.
                  (ix) Milling machines: M-575-N, L-99-N, L-
                100-N, and L-118-N.
                  (x) Planers: M-178 and M-824-N.
                  (xi) Drill presses: M-578-N, M-701, and M-
                709-N.
                  (xii) Wood lathe, N-36.
                  (xiii) Wood planer, N-24.
                  (xiv) Wood jointer, M-197-N.
                  (xv) Jointer-Planer, BR-64.
                  (xvi) Wood saw, M-29-N.
                  (xvii) Bench saw, BR-66.
                  (xviii) Disc sander, N-32.
                  (xix) Surfacing machine, L-207.
                  (xx) Threading machines, L-194 and T2-23-N.
                  (xxi) Shear, XT2-90.
                  (xxii) Dynamometer, L-172.
                  (xxiii) Bolt-heading machine, F-174-N.
                  (xxiv) Grinding machines, XW-599-N and XM-
                758.
                  (xxv) Bending machine, T2-31-N.
                  (xxvi) Mortising machine, XW-707-N.
                  (xxvii) Router and boring machine, XW-820-N.
                  (xviii) Edge planer, XB-872.
                  (xxix) Table saw, S-572-N.
  3. The United States shall have the right, on a guaranteed 
basis, to use the following installations and port services in 
accordance with the Commission's maintenance schedules or for 
emergency repairs:
          (a) The facilities listed in paragraph 2(b) of this 
        Annex.
          (b) The machine tools and equipment listed in 
        paragraph 2(c) of this annex.
          (c) Access.
                  (i) Paved yard area adjacent to Drydock No. 1 
                and to the buildings listed in subparagraph 
                2(b)(ii) of this Annex.
                  (ii) Required water access for floating 
                equipment and vessels from canal operating area 
                to Drydock No. 1 includes water depth 
                sufficient to clear gate sill (-39.5 feet PLD) 
                and sufficient clearance between Docks 7 and 8 
                to permit safe entry.
                              ----------                              


                     Annex C--Procedural Guarantees

  A United States citizen employee, or a dependent, prosecuted 
by the Panamanian authorities shall be entitled to the 
following procedural guarantees:
  (a) To a prompt and speedy trial.
  (b) To be informed, in advance of trial, of the specific 
charge or charges made against him.
  (c) To be confronted with and to be allowed to cross-examine 
the witnesses against him.
  (d) To have evidence and witnesses in his favor presented. 
The authorities shall submit such evidence and call the 
witnesses if they are within the Republic of Panama.
  (e) To have legal representation of his own choice for his 
defense during all investigative and judicial phases from the 
time of submission to questioning and throughout the entire 
proceedings; or, if he indicates he lacks funds for his 
defense, to be defended by the appropriate public defender.
  (f) To have the services of a competent interpreter if he 
considers it necessary.
  (g) To communicate with a representative of the Government of 
the United States to have such a representative present, as an 
observer, at his trial.
  (h) Not to be held guilty on account of any act or omission 
which did not constitute a criminal offense under the law of 
the Republic of Panama at the time it was committed.
  (i) To be present at his trial which shall be public. 
However, without prejudice to the procedural guarantees in this 
Annex, persons whose presence is not necessary may be excluded, 
if the court so decides for reasons of public orders or 
morality.
  (j) In his proceedings to have the total burden of proof 
laden upon the Public Prosecutor or the prosecution.
  (k) To have the court consider only voluntary confessions and 
evidence properly obtained in accordance with the requirements 
of the law.
  (l) Not to be compelled to testify against or otherwise 
incriminate himself.
  (m) Not to be required to stand trial if he is not physically 
or mentally fit to stand trial and participate in his defense.
  (n) Not to be tried or punished more than once for the same 
offense.
  (o) To have the right to appeal a conviction or sentence.
  (p) To have credited to any sentence for confinement his 
entire period of pretrial custody.
  (q) Not to be subject to the application of martial law or 
trial by military courts or special tribunals.
  (r) To enjoy all other guarantees and rights provided for in 
the Constitution, Judicial Code and other laws of the Republic 
of Panama.

                             [Translation]

                              ----------                              


Agreed Minute to the Agreement in Implementation of Article III of the 
                          Panama Canal Treaty

  1. With reference to paragraph 2 of Article I, it is agreed 
that skilled, technical or professional employees of the 
Commission, who are nationals of States other than the United 
States or the Republic of Panama, and their dependents, shall 
have the same rights and privileges as United States citizen 
employees and dependents under the Panama Canal Treaty and the 
Agreement in Implementation of Article III of that Treaty 
(hereinafter referred to as ``the Agreement''). Presence in 
connection with employment by the Commission shall not be 
considered as residence in the Republic of Panama. However, 
this provision shall not apply to nationals of third States 
recruited within the Republic of Panama after the entry into 
force of the Agreement.
  2. With reference to Article II, it is contemplated that the 
United States may be represented on the Coordinating Committee 
by a senior United States citizen official or employee of the 
Commission and that the Republic of Panama will be represented 
by a citizen of the Republic of Panama of corresponding level 
or rank.
  3. With reference to Article VI:
          (a) It is understood that during the five years 
        following the entry into force of the Panama Canal 
        Treaty, certain United States nationals employed by the 
        United States Forces, such as employees of medical and 
        educational facilities, and the dependents, shall be 
        considered to be United States citizen employees and 
        dependents.
          (b) It is understood that a housing unit is an 
        individual family apartment, bachelor apartment or 
        bachelor room in a single or multi-dwelling building. 
        The minimum percentages of housing units, the use of 
        which will pass to the Republic of Panama, have been 
        calculated on the basis of an estimated inventory of 
        approximately 4,300 housing units owned by the Panama 
        Canal Company immediately prior to entry into force of 
        the Agreement.
  4. With reference to paragraph 3 of Article XIII, concerning 
educational services that may be furnished to United States 
citizen employees and their dependents, it is understood that 
the United States may continue to furnish such services to 
dependents of any person, regardless of nationality, in those 
cases in which such dependents were enrolled in the school 
system of the former Canal Zone Government prior to the entry 
into force of the Agreement.
  5. With reference to paragraph 2 of Article XIX, it is 
understood that, as a matter of general policy, the Republic of 
Panama will waive jurisdiction to the United States, at its 
request, in cases arising under that paragraph.
  6. With reference to paragraph 4(b) of Article XIX, the five 
offenses under Panamanian law referred to are understood to be:
          (a) Murder--the intentional killing of one person by 
        another.
          (b) Rape--the commission of an act of sexual 
        intercourse by violence or threat and without consent 
        with a person not his spouse, or with a person who is 
        not capable of resisting by reason of mental or 
        physical illness, or with a minor less than twelve 
        years old.
          (c) Robbery with violence--the act of appropriating 
        an object of value belonging to someone else with the 
        purpose of depriving its owner of his possession and 
        deriving benefit from it, using violence against such 
        person or a third person present at the scene of the 
        act.
          (d) Trafficking in drugs--the unlawful sale, 
        exchange, or transfer for gain of marihuana, hashish, 
        heroin, cocaine, amphetamines, barbiturates, or L.S.D.
          (e) Crimes against the security of the Panamanian 
        State--espionage, sabotage, or terrorism directed 
        against the constituted powers or authorities of the 
        Republic of Panama, with the purpose of overthrowing 
        them.
  7. With reference to Annex A, it is understood that the 
United States may continue to provide utility services, in 
coordination with the appropriate authorities of the Republic 
of Panama, for certain of those areas and facilities 
transferred to the Republic of Panama as provided in Article 
XIII of the Panama Canal Treaty. It is further understood that 
since the utilities systems serving many of these areas and 
facilities are fully integrated with those of the Canal, the 
United States may, on behalf of the utilities agencies of the 
Republic of Panama, continue to provide utilities such as 
power, water, and sewers to private persons or to agencies of 
the Government of Panama in such areas. It is further 
understood that the utilities agencies of the Republic of 
Panama will be responsible for setting rates for and billing 
such of its customers, and will reimburse the United States for 
its cost in providing such services.
  8. With reference to subparagraph 1(a) of Annex A:
                  (a) it is understood that the Republic of 
                Panama may construct (i) an Atlantic Coast 
                Highway through a right-of-way to be agreed 
                upon by the Parties, at such time as the 
                Republic of Panama is prepared to begin 
                construction of that highway, and (ii) a new 
                highway on the Pacific side of the Isthmus 
                through a right-of-way to be agreed upon by the 
                Parties at such time as the Republic of Panama 
                is prepared to begin construction of that 
                highway. It is further understood that the 
                bridge over the Canal, in each case, will be 
                constructed sufficiently high to as not to 
                interfere with the operation of the Canal or 
                with any improvements that may be made to the 
                Canal.
                  (b) it is understood that the National Port 
                Authority of the Republic of Panama will have 
                the right to use, free of cost, the marine 
                bunkering facilities located on Pier 16, 
                Cristobal, for discharging petroleum products, 
                subject always to the right of the United 
                States to use those facilities on a priority 
                basis. It is further understood that, in 
                connection with its use of those facilities, 
                the Republic of Panama will not alter or modify 
                Pier 16, the marine bunkering facilities or the 
                utilities thereon, except as mutually agreed, 
                and will reimburse the United States for any 
                damage caused as a result of the Republic of 
                Panama's use of such facilities.
  9. With reference to paragraphs 1(d) (xxxiii) and 1(e)(i)(A) 
of Annex A, it is understood that the United States shall make 
available to the Republic of Panama appropriate areas within 
the Balboa Police Station Complex for police liaison purposes 
for the thirty-month transition period following the entry into 
force of the Agreement. It is understood that at the end of 
that period, the provisions of paragraph 2(b) of Article XIII 
of the Panama Canal Treaty shall apply. With reference to 
paragraph 1(d)(cxx) of Annex A, it is understood that the 
United States shall, if requested by the Republic of Panama, 
make available to the Republic of Panama appropriate areas 
within the Cristobal Police Station (located in Building 1105) 
for police liaison purposes for the aforesaid thirty-month 
period and, thereafter, for general police functions.
  10. With reference to subparagraph 1(e)(iv) (A) and (B) of 
Annex A, it is understood that at such time as Pier 20 and the 
Scrap Yard area referred to therein cease to be areas subject 
to the provisions of the Agreement applicable to the Canal 
operating areas, the Republic of Panama will provide comparable 
and acceptable pier space in Balboa Harbor and scrap yard areas 
for the use of the Commission at no charge.
  11. With reference to paragraph 2 of Annex A, it is 
understood that the United States may continue to operate and 
maintain noncommercial recreational and community service areas 
and facilities for the benefit of all occupants of the housing 
areas and all employees of the Commission, and their 
dependents, on a nondiscriminatory basis. It is further 
understood that recreational and community service activities 
conducted in such areas and facilities will be noncommercial, 
and there will be no user charges associated therewith unless 
otherwise agreed by the Parties.
  12. With reference to subparagraph 3(d) of Annex A, it is 
understood that such spoil dump areas include the spoil dump 
areas identified on the navigational charts attached thereto as 
Attachments 28 and 29, in the manner indicated on the legend 
thereof.
  13. With reference to subparagraph 3(j) of Annex A, it is 
understood that the Republic of Panama will not undertake or 
permit any construction, excavation or other activity which may 
endanger or encroach upon underground or aboveground 
installations, including pipes, ducts, culverts, cables, 
microwave paths and transmission lines, except as may be 
otherwise agreed in the Coordinating Committee.
  14. With reference to Attachment Nos. 1 and 6 of Annex A, it 
is understood that the Republic of Panama shall continue to use 
the Balboa Fire Station (Building 703, Attachment No. 6) and 
the Coco Solito Fire Station (Building 96, Attachment No. 1, 
Coordinates 231328) as fire protection installations throughout 
the life of the Agreement, unless otherwise agreed by the 
Parties. The provisions of paragraph 2(a) of Article XIII of 
the Panama Canal Treaty apply to such fire stations. It is 
further understood that the United States, which may continue 
to provide fire protection of Commission areas and 
installations, and the Republic of Panama, which is responsible 
for fire protection generally throughout its territory, will 
review periodically the most effective allocation of both 
Parties' fire protection resources, and, if appropriate, the 
United States will transfer to the Republic of Panama such 
other fire stations as are excess to its needs. The Republic of 
Panama shall continue the use of any installations so 
transferred as fire protection installations for the life of 
the Agreement, unless otherwise agreed. It is understood also 
that both Parties will cooperate fully in ensuring effective 
and efficient delivery of fire protection services throughout 
the vicinity of the Canal.
  15. With reference to Attachments 1, 14 and 15 to Annex A, it 
is understood that prior to authorizing any new use of or 
activities in the townsites of Pedro Miguel (Attachment No. 14) 
or Paraiso (Attachment No. 15) or (a) the land areas within a 
distance of 3 kilometers each side of the center line of the 
Canal channel from a point (Coordinate 603855) near Naos Island 
extending southeast paralleling the Canal center line for a 
distance of 3 nautical miles or (b) the land areas between the 
easterly boundary of the Howard Air Force Base-Fort Kobbe 
Complex and the Canal channel, the Republic of Panama shall 
ensure that the Commission concurs in writing that the proposed 
use or activity would be compatible with the efficient 
management, operation, maintenance, protection and defense of 
the Canal. It is further understood that the Republic of Panama 
(a) shall control and supervise the activities to be carried 
out under its responsibility in the aforementioned townsites 
and areas to ensure that such activities are compatible with 
such purposes, and (b) shall take the measures necessary to 
prevent, or to terminate, any activity that, in the opinion of 
the Commission, is incompatible with such purposes. It is 
further understood that, with reference to the aforementioned 
townsites of Pedro Miguel and Paraiso, the provisions of 
paragraphs 4 and 6 of Article VI of the Agreement will apply 
thereto.
  16. With reference to Attachment No. 4 to Annex A, it is 
understood that for thirty calendar months following the entry 
into force of the Agreement the United States may, for 
activities related to the management, operation or maintenance 
of the Panama Canal, continue to use certain office space 
located in the Civil Affairs Building (Building No. 0610), 
title to which is transferred to the Republic of Panama upon 
the entry into force of the Agreement as provided in Article 
XIII of the Panama Canal Treaty. It is further understood that, 
notwithstanding paragraph 4(xiii) of the Annex to the Panama 
Canal Treaty, the Commission may use such building to operate 
and maintain the museum and library collections which are 
located therein upon the entry into force of the Agreement.
  17. With reference to Attachment No. 6 to Annex A:
                  (a) it is understood that the Republic of 
                Panama shall ensure that recreational and 
                entertainment activities comparable to those 
                currently provided will continue to be provided 
                in the Bowling Alley, Cafeteria, and Theater 
                located in Balboa (Buildings 717-X, 727, and 
                727-C) throughout the life of the Agreement, 
                unless otherwise agreed by the Parties. The 
                provisions of paragraph 2(a) of Article XIII of 
                the Panama Canal Treaty apply to such 
                facilities.
                  (b) it is understood that the Republic of 
                Panama shall continue use of the Balboa Post 
                Office (Building 724) and the Gamboa Post 
                Office (Building 61) as postal service 
                installations throughout the life of the 
                Agreement, unless otherwise agreed by the 
                Parties. The provisions of paragraph 2(a) of 
                Article XIII of the Panama Canal Treaty apply 
                to such post offices.
  18. With reference to Attachment 7 to Annex A, it is 
understood that the Republic of Panama will permit access to 
and scheduled use of the baseball and softball fields located 
in the Port of Balboa by organized leagues until such time as 
the area in which such fields are located is converted to other 
use. It is further understood that at such time as any of such 
fields is converted to other use, the Republic of Panama will 
make available, without charge, other areas suitable for the 
use of organized leagues.
  19. With reference to Attachment No. 18 of Annex A, it is 
understood that appropriate areas in the Cristobal 
Administration Building (Building 1105) shall be made available 
to the postal service system of the Republic of Panama for 
postal service purposes.
  20. With reference to Attachment 1 to Annex B:
                  (a) It is understood that the Ports and 
                Railroads Committee will not approve any 
                activity within the area which constituted the 
                Corozal Antenna Field, prior to the entry into 
                force of the Agreement, which would require 
                construction of piers, docks, quays, or any 
                similar structure along the banks of the Canal 
                or within 250 feet of such banks.
                  (b) It is understood that the installation, 
                shipyards, buildings, and equipment within said 
                buildings, which make up the Naval Industrial 
                Reserve Shipyard and which, in accordance with 
                Article V of the Agreement, shall be made 
                available to the United States in event of a 
                defense emergency, include the following 
                facilities: Drydocks 1, 2, and 3; Docks 7, 8, 
                12, and 13; Cranes D-4 and D-19-N; Buildings 1, 
                1A, 1C, 1D, 1G, 1H, 1J, 30, 17, 31, 20, 18, 2, 
                2A, 3, 4, 4B, 29, 25, 16, 11, 23, 12, 29B, 12A, 
                12X, and 13; the transfer table and capstans. 
                It is understood, however, that only those of 
                the above facilities which have been 
                transferred to the Republic of Panama shall be 
                deemed to be included within the Naval 
                Industrial Reserve Shipyard for the purposes of 
                paragraph 2(g) of Article V of the Agreement.
                  (c) It is understood that the Republic of 
                Panama will permit the American Legion and the 
                Balboa Yacht Club to continue their operations 
                in Building 1370 and the adjacent facilities, 
                unless otherwise agreed in the Ports and 
                Railroads Committee.
  21. With reference to Attachment 2 to Annex B, it is 
understood that the United States may use Pier 8 in the Port of 
Cristobal for berthing and handling cargo for the SS Cristobal, 
or for any successor to it, on a priority basis.
       (B) Panama Canal Treaty--Implementation of Article IV \1\

Agreement signed at Washington, September 7, 1977; Entered into force, 
                            October 1, 1979

  Agreement in Implementation of Article IV of the Panama Canal Treaty

  Whereas, the Republic of Panama and the United States of 
America have signed on this date the ``Panama Canal Treaty'' to 
regulate the system pertaining to the operation, maintenance, 
administration, protection and defense of the Panama Canal in 
harmony with the Charter of the United Nations;
---------------------------------------------------------------------------
    \1\ TIAS 10032. The Panama Canal Treaty terminated on December 31, 
1999.
---------------------------------------------------------------------------
  Whereas, the Republic of Panama shall permit the United 
States to use certain parts of its territory for the protection 
and defense of the Panama Canal, with the participation of the 
Panamanian Armed Forces as is established under Article IV of 
the ``Panama Canal Treaty'' subscribed under Article IV of the 
``Panama Canal Treaty'' subscribed on this date;
  Whereas, in order to determine the system applicable to the 
members of the Armed Forces of the United States, the civilian 
component, and dependents, accompanying them during their stay 
in the Republic of Panama for the specific purposes of the 
Panama Canal Treaty, and as the two Governments may otherwise 
agree, and for the purpose of regulating the use of the defense 
sites;
  Pursuant to the ``Panama Canal Treaty,'' the following has 
been agreed upon:

                         Article I--Definitions

  (1) Defense Sites: Those areas, and the installations within 
them, which the Republic of Panama by this Agreement permits 
the United States Forces to use for the specific purposes of 
the Panama Canal Treaty, and as the two Governments may 
otherwise agree, a list of which is set forth in paragraph (1) 
of Annex A of this Agreement.
  (2) United States Forces: The land, sea and air armed 
services of the United States of America.
  (3) Members of the Forces: The military personnel of the 
United States Forces on active duty who are in the Republic of 
Panama for the specific purposes of the Panama Canal Treaty, 
and as the two Governments may otherwise agree.
  This term includes those military personnel of the United 
States Forces on active duty and present in the Republic of 
Panama on temporary duty from other stations, or on board 
aircraft or vessels of the United States which are in transit 
or visiting on official business.
  Solely for purposes of the privileges authorized under 
Articles X, XI, and XVIII of this Agreement, this term also 
includes those military personnel of the United States Forces 
on active duty, assigned to other stations and present in the 
Republic of Panama on official leave.
  (4) Members of the Civilian Component:
          (a) Nationals of the United States, to whom United 
        States passports have been issued, who are employed by 
        the United States Forces and assigned to the defense 
        sites in the Republic of Panama.
          (b) Nationals of third countries employed by the 
        United States forces, who are assigned to the defense 
        sites and who are not habitual residents of the 
        Republic of Panama.
          (c) Other categories of persons which could be agreed 
        upon as exceptions by the two Governments.
          This term includes personnel on temporary duty and 
        civilian crew members of aircraft and vessels of the 
        United States Forces which are in transit or visiting 
        on official business.
          For the purpose of this definition, presence in 
        connection with employment by the United States Forces 
        shall not be considered as residence in the Republic of 
        Panama.
  (5) Dependents: The spouse and children of members of the 
Forces or of the civilian component, and other relatives who 
depend on them for their subsistence and who habitually live 
with them under the same roof.

                 Article II--Non-intervention Principle

  The members of the Forces or the civilian component, 
dependents, and designated contractors of the United States 
Forces shall respect the laws of the Republic of Panama and 
shall refrain from any activity inconsistent with the spirit of 
this Agreement. Especially, they shall abstain from all 
political activity in the Republic of Panama as well as from 
any interference in the internal affairs of the Republic.
  The United States shall take all measures within its 
authority to ensure that the provisions of this Article are 
fulfilled.

                      Article III--Joint Committee

  (1) A Joint Committee shall be established which shall start 
to function upon the entry into force of this Agreement and 
which shall be composed of a representative of the Republic of 
Panama and of the United States of America at the level and 
rank to be agreed upon by both Governments, and who may have 
one or more deputies, on a parity basis.
  (2) The Joint Committee shall perform the functions 
specifically indicated by the provisions of this Agreement, and 
others entrusted to it by both Governments concerning the 
implementation of this Agreement.
  (3) The Joint Committee shall determine its rules of 
procedure within the spirit of this Agreement and may designate 
the subcommittees it may deem necessary for the fulfillment of 
its functions.
  (4) The Joint Committee shall be organized in such a manner 
that it may meet promptly and at any time upon request of the 
representative of the Republic of Panama or of the United 
States. The Joint Committee shall send a monthly report on its 
activities to the Governments of the Republic of Panama and the 
United States.
  (5) The Joint Committee shall refer to the two Governments, 
for their consideration through appropriate channels, any 
matters which it has not been able to resolve.

                    Article IV--Use of Defense Sites

  (1) The United States Forces may use the defense sites listed 
in paragraph (2) of Annex A of this Agreement. Moreover, Annex 
A includes a list of military areas of coordination which may 
be used by the Armed Forces of both Governments in accordance 
with Annex B of this Agreement.
  (2) Annex A of this Agreement shall be examined every two 
years or upon the request of either Government, and shall be 
revised to reflect any agreed elimination or change in areas. 
The United States Forces may notify the Republic of Panama at 
any time that the use of a defense site or a military area of 
coordination or of a specified portion thereof, or other right 
granted by the Republic of Panama is no longer required. Under 
such circumstances, said use or other right shall cease on the 
date determined by the two Governments.
  (3) The United States Government may, at any time, remove 
from the Republic of Panama, or dispose of in the Republic of 
Panama in accordance with conditions to be agreed upon by the 
two Governments, all equipment, installations, material, 
supplies or other removable property brought into, acquired or 
constructed in the Republic of Panama by or for the United 
States Forces. Property left by the United States in a defense 
site after the date the use of such site by United States 
Forces ceases shall, unless agreed otherwise by the two 
Governments, become the property of the Republic of Panama.
  (4) At the termination of any activities or operations under 
this Agreement, the United States shall be obligated to take 
all measures to ensure insofar as may be practicable that every 
hazard to human life, health and safety is removed from any 
defense site or a military area of coordination or any portion 
thereof, on the date the United States Forces are no longer 
authorized to use such site. Prior to the transfer of any 
installation, the two Governments will consult concerning: (a) 
its conditions, including removal of hazards to human life, 
health and safety; and (b) compensation for its residual value, 
if any exists.
  (5) The United States Forces shall have responsibility for 
control of entry to the defense sites. The Republic of Panama 
may share in the exercise of this control, in a manner to be 
agreed upon in the Joint Committee. Necessary signs, in Spanish 
and English, requested by the United States Forces through the 
Joint Committee will be erected outside the defense sites, 
expressing that the sign is erected under the authority of the 
Republic of Panama.
  (6) Since the Republic of Panama is a signatory to the Latin 
American Denuclearization Treaty (Tlatelolco), the United 
States shall emplace no type of nuclear armament on Panamanian 
territory.
  (7) The Joint Committee will constitute the means of 
communication and information between the two Governments with 
regard to matters pertaining to the implementation of this 
Article.

                            Article V--Flags

  (1) All of the territory of the Republic of Panama, including 
the defense sites, shall be under the flag of the Republic of 
Panama and, consequently, within such sites the Panamanian flag 
shall always occupy the position of honor. Within the defense 
sites, the flag of the United States shall also be flown 
jointly with the Panamanian flag. The Joint Committee shall 
determine the manner of displaying the flags.
  (2) At the entrances, outside the defense sites, only the 
flag of the Republic of Panama will be flown.

                   Article VI--Criminal Jurisdiction

  (1) The authorities of the Republic of Panama shall have 
jurisdiction over members of the Forces or the civilian 
component, and dependents, with respect to offenses arising 
from acts or omissions committed in the Republic of Panama and 
punishable under the laws of the Republic of Panama. 
Nevertheless, the Republic of Panama permits the authorities of 
the United States to exercise criminal jurisdiction within 
defense sites, and, consequently, to have the primary right to 
exercise jurisdiction over acts which are criminal acts 
according to United States law, and which are committed within 
such sites by members of the Forces or the civilian component, 
or dependents.
  (2) The Republic of Panama also permits the authorities of 
the United States to have the primary right to exercise 
criminal jurisdiction over members of the Forces or the 
civilian component, and dependents, for any offense committed 
outside the defense sites, in the following cases:
          (a) If the offense is solely against the property or 
        security of the United States. It is understood that 
        offenses against the security of the United States 
        include: treason or sabotage against the United States, 
        espionage or violation of any law relating to official 
        secrets of the United States or to secrets relating to 
        the national defense of the United States.
          (b) If the offense is solely against the person or 
        property of a member of the Forces or the civilian 
        component, or a dependent.
          (c) If the offense arises out of an act or omission 
        done in the performance of official duty, in which 
        case, when requested by the Panamanian authorities or 
        when the military authorities of the United States may 
        deem it necessary, the military authorities of the 
        United States shall issue a certificate establishing 
        that the offense originated from an act or omission 
        occurring in the performance of official duty. Panama 
        shall consider this certificate as sufficient proof for 
        the purposes of this paragraph, or shall request a 
        review by the Joint Committee within ten days from the 
        receipt of the certificate. The Joint Committee shall 
        complete its review within ten days from the receipt of 
        the request, except when more thorough consideration is 
        required, in which case the Joint Committee shall 
        complete its review within thirty days.
  A substantial deviation from the duties which a person is 
required to perform in a specific mission shall generally 
indicate an act or omission not occurring in the performance of 
official duty, and, consequently, the military authorities of 
the United States will not consider it necessary to issue a 
certificate of official duty.
  (3) The provisions of this Article notwithstanding, the 
Republic of Panama shall always reserve the right to exercise 
jurisdiction over members of the civilian component and 
dependents who are Panamanian nationals or habitual residents 
of Panama.
  (4) The authorities of the Government having the primary 
right to exercise jurisdiction over an offense shall give 
sympathetic consideration to any request from the authorities 
of the other Government for permission to exercise 
jurisdiction. Such requests may be discussed in the Joint 
Committee.
  (5)(a) The appropriate authorities of the Republic of Panama 
and of the United States shall assist each other in the arrest 
of members of the Forces or the civilian component, and 
dependents, and in their delivery to the authority which is to 
have custody in accordance with the provisions of this Article.
  (b) The authorities of the Republic of Panama shall notify 
the authorities of the United States as promptly as possible of 
the arrest of any member of the Forces or the civilian 
component, or a dependent.
  (c) The following procedure shall govern the custody of an 
accused member of the Forces or the civilian component, or a 
dependent, over whom the Republic of Panama is to exercise 
jurisdiction:
          (i) If the accused is detained by the United States 
        authorities, he shall, except when charged with murder, 
        rape, robbery with violence, trafficking in drugs, or 
        crimes against the security of the Panamanian State 
        remain with such authorities pending the conclusion of 
        all judicial proceedings and thereafter until custody 
        is requested by the authorities of the Republic of 
        Panama for the execution of a sentence.
          (ii) If the accused is detained by the authorities of 
        the Republic of Panama he shall, except when charged 
        with murder, rape, robbery with violence, trafficking 
        in drugs, or crimes against the security of the 
        Panamanian State, be handed over on request to the 
        United States authorities in whose custody he shall 
        remain until completion of all judicial proceedings and 
        thereafter until custody is requested by authorities of 
        the Republic of Panama for the execution of a sentence.
          (iii) When charged with murder, rape, robbery with 
        violence, trafficking in drugs, or crimes against the 
        security of the Panamanian State, the accused shall be 
        handed over to Panamanian authorities upon their 
        request, or if already in their custody, shall remain 
        with them. In these cases the authorities of the 
        Republic of Panama shall give sympathetic consideration 
        to requests for custody by the United States 
        authorities.
  (6)(a) The United States authorities shall give full 
consideration to special requests regarding conditions of 
custody made by the authorities of the Republic of Panama.
  (b) When the accused is in the custody or has been delivered 
into the custody of the United States authorities he must, upon 
request by the authorities of the Republic of Panama, be made 
available to them for the purposes of investigation and trial. 
This obligation of the United States to ensure the appearance 
of an accused member of the Forces or the civilian component, 
or a dependent, will be deemed to satisfy the bail requirement 
set by the laws of the Republic of Panama.
  (7)(a) The authorities of the Republic of Panama and the 
United States shall assist each other in carrying out all 
necessary investigations of offenses and in the collection and 
production of evidence, including the seizure and, in proper 
cases, the delivery of objects connected with an offense and 
the appearance of witnesses as necessary.
  (b) The authorities of the Republic of Panama and the United 
States shall, upon request by the other Government, inform each 
other of the status of cases referred to under the provisions 
of this Article.
  (8) The authorities of the United States shall not carry out 
a death sentence in the Republic of Panama. As is provided in 
the laws of the Republic of Panama, a member of the Forces or 
the civilian component, or a dependent, who has been convicted 
by a Panamanian court shall not be subject to the death penalty 
or to any form of cruel and unusual punishment or treatment.
  (9) When an accused member of the Forces or the civilian 
component, or a dependent, has been tried in accordance with 
the provisions of this Article by the authorities of the 
Republic of Panama or by authorities of the United States and 
has been acquitted, or has been convicted and is serving, or 
has served, his sentence, or has been pardoned, he shall not be 
tried again for the same offense within the territory of the 
Republic of Panama. However, nothing in this paragraph shall 
prevent the military authorities of the United States from 
trying a member of the Forces for any violation of rules of 
discipline arising from an act or omission which constituted an 
offense for which he was tried by the authorities of the 
Republic of Panama.
  (10) Whenever a member of the Forces or the civilian 
component, or a dependent, is tried by the Panamanian 
authorities, he shall be entitled to the procedural guarantees 
listed in Annex D of this Agreement.
  (11) At any time during the detention by the authorities of 
the Republic of Panama of a member of the Forces or the 
civilian component, or a dependent, the Panamanian authorities 
shall permit the military authorities of the United States to 
visit said member or dependent. Members of the immediate family 
may visit him weekly. Material and medical assistance (such as 
food, clothing and comfort items) which the United States 
authorities and members of his immediate family may consider 
desirable, and any other assistance which is in accordance with 
or allowed by Panamanian prison regulations, may be provided to 
him on such visits.
  (12) The Joint Committee will constitute the means of 
communication and information between the two governments with 
regard to matters pertaining to the implementation of this 
Article.

                    Article VII--Civilian Employment

  The following principles shall govern civilian employment by 
the United States Forces:
  (1) In order to set forth their rights and obligations as the 
employer, the United States forces shall draw up regulations 
which shall contain the terms, conditions and prerequisites for 
all categories of their civilian employees. These regulations 
shall be provided to the Republic of Panama through the Joint 
Committee.
  (2) In conformity with the principles of the labor laws of 
the Republic of Panama, such regulations shall establish 
employment preferences in all levels for Panamanian applicants 
possessing the requisite skills and qualifications. 
Accordingly, the United States Forces shall endeavor to ensure 
that the number of Panamanian nationals employed by them in 
relation to the total number of civilian employees will conform 
to the proportion established under Panamanian law. Similarly, 
the terms, conditions and prerequisites for the employment of 
Panamanian personnel shall conform with the general principles 
contained in the labor laws of the Republic of Panama.
  (3) All civilian employees of the United States Forces, 
except those who are nationals of the Republic of Panama or who 
have obtained permanent resident status therein, shall be 
subject to a system of periodic rotation which will limit their 
period of employment by the United States Forces in the 
Republic of Panama. The regulations providing for such rotation 
shall be provided to the Republic of Panama through the Joint 
Committee.
  (4) With regard to wages, there shall be no discrimination on 
the basis of nationality, sex or race. Payments by the United 
States Forces of additional remunerations to persons of any 
nationality, including Panamanian citizens, who are recruited 
outside of Panama and must therefore change their place of 
residence, shall not be considered to be discrimination for the 
purposes of this Article.
  (5) The United States Forces shall take the measures called 
for under the laws of the Republic of Panama with regard to the 
application of the tax and social security laws to their 
employees who are subject to Panama's taxation and social 
security system, including withholding of tax or social 
security payments from their salaries.

     Article VIII--Acquisition of Panamanian Supplies and Services

  (1) The United States Forces shall give preference to the 
procurement of supplies and services obtainable in the Republic 
of Panama. Such preference shall apply to the maximum extent 
possible when such supplies and services are available as 
required, and are comparable in quality and price to those 
which may be obtained from other sources. For the comparison of 
prices there will be taken into account the cost of transport 
to the Republic of Panama, including freight, insurance and 
handling, of the supplies and services. In the acquisition of 
goods in the Republic of Panama, preference shall be given to 
goods having a larger percentage of components of Panamanian 
origin.
  (2) Any regulations which may be necessary to carry our 
preference shall be agreed upon in the Joint Committee.

                     Article IX--Telecommunications

  (1) The Republic of Panama, in the exercise of its sovereign 
power over its telecommunications, authorizes the United States 
Forces to use the communications networks and communications-
electronics installations within the defense sites, and to use 
the radio frequencies and transportable equipment as may be 
necessary for their requirements, in order to accomplish the 
specific purposes of the defense of the Canal, and as the two 
Governments may otherwise agree. The Joint Committee may adopt 
regulations to govern the use of such transportable equipment 
outside of the defense sites.
  Any use presently being exercised of such networks, 
installations, frequencies and equipment, for purposes other 
than those herein authorized, shall be subject to the 
provisions contained in the Panama Canal Treaty, including 
those relating to any separation of nonmilitary 
telecommunications that may be deemed necessary.
  (2) The Republic of Panama also authorizes the United States 
Forces to use installations such as those described in the 
preceding paragraph already existing outside the defense sites, 
which serve to accomplish the purposes of the defense of the 
Canal, and as the two Governments may otherwise agree.
  Those already existing installations outside the defense 
sites may be guarded by authorities of the Republic of Panama. 
The United States Forces shall have access to such 
installations for appropriate operation, maintenance, and 
replacement.
  (3) Provided that they are available and suitable for the 
purpose, the United States Forces shall use, to the maximum 
extent possible, the telecommunications services of the 
Republic of Panama in order to meet their needs, but the 
applicable rates shall be no less favorable than those charged 
to governmental agencies of the Republic of Panama.
  (4) The United States Forces shall provide the Government of 
the Republic of Panama a list of all frequencies authorized or 
in use by the United States Forces. This list shall be 
submitted through the Joint Committee in ascending frequency 
order and shall contain as a minimum the power, bandwidth, and 
type of emission.
  (5) The Republic of Panama undertakes not to authorize the 
use of any frequency which would interfere with those in use by 
or for the United States Forces or which they may use in the 
future in accordance with the Panama Canal Treaty and this 
Agreement.
  (6) The Republic of Panama authorizes the United States 
Forces to use codes, ciphers and other secure cryptographic 
means necessary for the specific purposes of the defense of the 
Panama Canal, and as the two Governments may otherwise agree.
  (7) All provisions regarding telecommunications in this 
Article shall be in accordance with the obligations of both 
Governments as members of the International Telecommunication 
Union and the various relevant international agreements to 
which both Governments are signatories.
  (8) Any communication with the International 
Telecommunication Union regarding the subject matter of this 
Article shall be effected exclusively by the Republic of 
Panama.
  (9) The radio and television services of the United States 
Forces operating within the Republic of Panama, will:
          (a) Announce at the start and termination of each 
        day's broadcast that the emissions are authorized by 
        the Republic of Panama; and
          (b) In television programs originating locally, not 
        use announcers appearing in military uniform.
  (10) The Joint Committee may adopt any further regulations as 
may be necessary to implement the provisions of this Article, 
including necessary technical coordination.

                    Article X--Military Post Offices

  (1) The United States may establish, maintain and operate, 
within the defense sites, military post offices for the 
exclusive use of the United States Forces, the members of the 
Forces or the civilian component, and dependents, and for the 
use of such other persons and agencies as may be agreed upon as 
exceptions by the two Governments through the Joint Committee. 
Such post offices shall transmit mail only between themselves 
or between themselves and other United States post offices.
  (2) The United States Forces shall take all necessary 
measures to prevent the unauthorized use of the military post 
offices. The Panamanian authorities shall periodically inform 
the authorities of the United States, through the Joint 
Committee, of all applicable provisions of Panamanian laws, and 
the United States Forces shall, within their legal capacity, 
ensure that such provisions are complied with.
  (3) The military post offices in the Republic of Panama shall 
not have direct representation before any international postal 
organization.
  (4) The Republic of Panama may establish post offices within 
the defense sites, the location of which shall be agreed upon 
in the Joint Committee, for the transmission of mail between 
the defense sites and any other areas not authorized to the 
military post offices by this Agreement.

    Article XI--Commissaries, Military Exchanges and Other Service 
                             Installations

  (1) The United States may establish, regulate and use within 
the defense sites, commissaries, military exchanges, military 
banking facilities, credit unions, recreational, social and 
athletic facilities, schools, sanitation and medical 
facilities, and other categories of service facilities as may 
be periodically agreed upon by the two Governments through the 
Joint Committee, for the exclusive use of the members of the 
Forces or the civilian component, and dependents, and for such 
other persons as may be agreed upon by the two Governments as 
exceptions through the Joint Committee. These service 
facilities and their activities such as the import, purchase, 
sale and distribution of merchandise, medicine and services, 
shall be free of taxes, duties, liens, licenses, fees and other 
charges imposed by the Republic of Panama or any of its 
political subdivisions.
  In order to take advantage of existing installations, the 
United States Forces may continue to use those installations 
already in existence outside of the defense sites, which are 
specified in paragraph (3) of Annex A.
  (2) The military banking facilities shall be branches or 
agencies of banking entities duly authorized to engage in the 
banking business in Panama. The Government of the Republic of 
Panama may authorize the installation and operation within the 
defense sites, at locations agreed upon by the Joint Committee, 
of branches or agencies of Banco Nacional or other official 
banking entities of the Republic of Panama.
  (3) It is the express objective and purpose of both 
Governments that the articles and services sold or provided at 
the commissaries and military exchanges be for the exclusive 
use of authorized persons. To that end the United States Forces 
shall, upon request, inform the Panamanian authorities, through 
the Joint Committee, as to the classification, nature and 
quantity of certain articles and services sold or provided at 
such establishments.
  (4) With respect to the preceding paragraph, the Republic of 
Panama and the United States shall jointly take all the 
necessary measures to prevent the unauthorized use of such 
services and the abuse by those who are authorized. Such 
measures shall include the obtaining of pertinent information 
and the carrying out of any verifications that may be necessary 
by Panamanian authorities. The procedure to be followed for 
these purposes shall be agreed upon by the Joint Committee.
  (5) The Government of the United States shall apply 
appropriate disciplinary sanctions to the members of the Forces 
or the civilian component, and dependents, or other persons 
authorized as exceptions who abuse the privileges granted in 
this Article and commit violations in that respect. In such 
cases, the United States authorities shall give sympathetic 
consideration to requests from the Panamanian Government to 
exercise jurisdiction.
  (6) The service facilities referred to in the Article shall 
grant to Panamanian supplies and services the preference 
referred to in Article VIII.

          Article XII--Contractors and Contractors' Personnel

  (1) Whenever contracts are required by the United States 
Forces for the performance of services or the procurement of 
supplies, the United States Forces shall adhere to the 
preferences for Panamanian sources set forth in Article VIII of 
this Agreement.
  (2) Whenever contracts are awarded by the United States 
Forces to natural persons who are nationals or permanent 
residents of the United States or to corporations or other 
legal entities organized under the laws of the United States 
and under the effective control of such persons, such 
contractors shall be so designated by the United States Forces 
and such designations shall be communicated to the Panamanian 
authorities through the Joint Committee. Such contractors shall 
be subject to the laws and regulations of the Republic of 
Panama except with respect to the special regime established by 
this Agreement, which includes the following obligations and 
benefits:
          (a) The contractor must engage exclusively in 
        activities related to the execution of the work for 
        which he has been contracted by the United States 
        Forces, or related to other works or activities 
        authorized by the Republic of Panama.
          (b) The contractor must refrain from carrying out 
        practices which may constitute violations of the laws 
        of the Republic of Panama.
          (c) The contractor shall enter and depart from the 
        territory of the Republic of Panama in accordance with 
        procedures prescribed for members of the civilian 
        component in Article XIII of this Agreement.
          (d) The contractor must obtain a certificate of 
        professional identity which the proper authorities of 
        the United States Forces shall issue when they are 
        satisfied he is duly qualified. This certificate shall 
        be sufficient to permit him to operate under Panamanian 
        law as a contractor of the Forces. Nevertheless, the 
        Panamanian authorities may require the registration of 
        the appropriate documents to establish juridical 
        presence in the Republic of Panama.
          (e) The contractor shall not be obliged to pay any 
        tax or other assessment to the Republic of Panama on 
        income derived under a contract with the United States 
        Forces as long as he is taxed at a substantially 
        equivalent rate in the United States.
          (f) The contractor may move freely within the 
        Republic of Panama, and shall have exemptions from 
        customs duties and other charges, as provided for 
        members of the civilian component in Articles XV and 
        XVII of this Agreement.
          (g) The contractor may use public services and 
        installations in accordance with the terms and 
        conditions of Article XIV of the Agreement, but shall 
        pay no-discriminatory highway tolls and taxes on plates 
        for private vehicles.
          (h) The contractor shall be exempt from any taxes 
        imposed on depreciable assets belonging to him, other 
        than real estate, which are used exclusively for the 
        execution of contracts with the United States Forces.
          (i) The contractor may use the services and 
        facilities provided for in Articles X and XVIII of this 
        Agreement to the extent such use is authorized by the 
        United States Forces.
  (3) The United States Forces shall withdraw the designation 
of a contractor when any of the following circumstances occur:
          (a) Upon completion or termination of the contracts 
        with the United States Forces.
          (b) Upon proof that such contractors are engaged in 
        business activities in the Republic of Panama other 
        than those pertaining to the United States Forces, 
        without authorization of the Republic of Panama.
          (c) Upon proof that such contractors are engaged in 
        practices which in the view of the Republic of Panama 
        constitute serious violations of the applicable laws of 
        the Republic of Panama.
  (4) The authorities of the United States shall notify the 
authorities of the Republic of Panama whenever the designation 
of a contractor has been withdrawn. If, within sixty days after 
notification of the withdrawal of the designation of a 
contractor who entered Panama in the capacity of a contractor, 
the authorities of the Republic of Panama require such 
contractor to leave its territory, the United States Government 
shall ensure that the Republic of Panama shall not incur any 
expense due to the cost of transportation.
  (5) The provisions of the Article shall similarly apply to 
the subcontractors and to the employees of the contractors and 
subcontractors and their dependents who are nationals or 
residents of the United States. These employees and dependents 
shall not be subject to the Panamanian Social Security system.

                   Article XIII--Entry and Departure

  (1) The United States may bring into the territory of the 
Republic of Panama members of the Forces or the civilian 
component, and dependents, for the specific purposes of the 
Panama Canal Treaty, and as the two Governments may otherwise 
agree.
  (2)(a) In order to enter or leave the territory of the 
Republic of Panama, the members of the Forces shall be 
obligated to bear only a personal identity card and individual 
or collective travel documentation issued by the military 
authorities of the United States. Such documentation must be 
presented to the Panamanian authorities. The two Governments 
shall establish through the Joint Committee the procedure to be 
followed in exceptional cases.
  (b) To enter or leave the territory of the Republic of 
Panama, the members of the civilian component and dependents 
must possess, in addition to the travel documentation issued by 
the United States military authorities, a valid passport. Such 
documentation shall be presented to the appropriate authorities 
of the Republic of Panama.
  (c) The United States Forces shall furnish each member of the 
Forces or the civilian component, and dependent, who remains in 
the Republic of Panama for longer than thirty days, an identity 
card which shall be issued under the authority of the Joint 
Committee in Spanish and English. Children under the age of ten 
years may be included on the identity card of a parent at the 
option of the parent. These identity cards shall be shown to 
the appropriate authorities of the Republic of Panama upon 
request.
  The authorities of the Republic of Panama may request 
information concerning the number of such cards outstanding and 
the validity of any particular card. The Joint Committee and 
the United States Forces shall provide such information.
  (3) Whenever the status of any member of the Forces or the 
civilian component, or dependent, is altered so that, at the 
time of such alteration, he is no longer entitled to remain in 
the Republic of Panama, the United States Forces shall promptly 
notify the Panamanian authorities, and shall, if requested 
within a period sixty days thereafter, ensure that 
transportation from the Republic of Panama will be provided at 
no cost to the Government of the Republic of Panama.
  (4)(a) The members of the Forces or the civilian component, 
and dependents, shall be exempted from fiscal charges relating 
to their entry, stay in, or departure from the territory of the 
Republic of Panama. Similarly they will be exempted from 
obligatory services established in favor of the Republic of 
Panama. They shall not acquire any right to permanent residence 
or domicile in the Republic of Panama.
  (b) Members of the Forces or the civilian component who enter 
the Republic of Panama to execute professional services 
exclusively for the United States Forces, or in its behalf, 
shall not be subject to the licensing regimes of the Republic 
of Panama, but they shall limit their professional activity to 
such services with the United States Forces for the specific 
purposes of the Panama Canal Treaty, or as the two Governments 
may otherwise agree.

                Article XIV--Services and Installations

  (1) The United States Forces, members of the Forces or 
civilian component, and dependents, may use the public services 
and installations belonging to or regulated by the Government 
of the Republic of Panama, but the terms and conditions of use, 
prices, rates and tariffs and priorities shall not be 
unfavorable in relation to those charged other users.
  (2) For the use of public services and installations made 
available through a plant acquired or constructed, or equipment 
furnished, by the United States Government and subsequently 
transferred free to the Government of the Republic of Panama, 
preferential charges shall be granted to the United States 
Forces taking these circumstances into account.
  (3) The United States Forces may establish and operate the 
supporting services and facilities it requires within the 
defense sites, and exceptionally, with the authorization of the 
Government of the Republic of Panama, outside such sites.
  (4) The Republic of Panama will permit the United States 
Forces to continue to use in an adequate manner, accessory 
facilities, such as pipelines, communications, sanitation 
services and utilities, which serve the defense sites and are 
installed on land outside the defense sites. The United States 
Forces shall, at their cost, maintain and repair these 
facilities as necessary, in coordination with the proper 
entities of the Republic of Panama. Detailed identification of 
such facilities shall be made through the Joint Committee, 
within a period of six months from the entry into force of this 
Agreement unless extended by the Joint Committee for 
exceptional circumstances. The two Governments shall agree, 
through the Joint Committee, upon procedures to govern the 
appropriate use, access, maintenance and repair of these 
facilities. Similarly, procedures shall be agreed upon for 
coordination between the United States Forces and the competent 
Panamanian entities, concerning the use, access, maintenance 
and repair of such facilities as may serve the Republic of 
Panama and are situated within the defense sites.

 Article XV--Movement, Licenses and Registration of Vessels, Aircraft 
                              and Vehicles

  (1)(a) When in the performance of official duties, the 
vessels and aircraft operated by or for the United States 
Forces may move freely through Panamanian air space and waters, 
without the obligation of payment of taxes, tolls, landing or 
pier charges or other charges to the Republic of Panama and 
without any other impediment.
  (b) Such vessels and aircraft shall be exempt from customs 
inspections or other inspections. Whenever the same carry 
freight, crews or passengers who are not entitled to the 
exemptions provided for in this Agreement, prior notice shall 
be given to the appropriate Panamanian authorities. Both 
Governments shall adopt procedures to ensure that the laws and 
regulations of the Republic of Panama are not violated.
  (2)(a) Similarly, the vehicles and equipment of the United 
States Forces may, when in the performance of official duties, 
move freely in the Republic of Panama, without the obligation 
of payment of taxes, tolls or other charges to the Republic of 
Panama and without any other impediment. These vehicles and 
equipment shall be exempt from mechanical or other inspection.
  Claims arising from damage caused by the United States Forces 
to the Panamanian road network outside the defense sites, in 
excess of the usual wear and tear by reason of time and its 
appropriate use, shall be settled as provided for in Article 
XX.
  (b) Such official vehicles and equipment shall not be 
assessed any license or registration fees. These vehicles shall 
bear their customary United States military identification 
marks and an additional means of identification as may be 
agreed upon by the Joint Committee, to be issued under the 
authority of said Joint Committee and distributed by the United 
States Forces.
  (c) In connection with the movement of any military convoys, 
or any large number of vehicles as a single unit, outside of 
the defense sites, the United States Forces shall consult with 
the Combined Military Board so that, if time and circumstances 
permit, proper traffic arrangements will be made, including 
accompaniment by Panamanian traffic patrols.
  (3)(a) The plates, individual marks and registration 
documents issued by the United States for vehicles, trailers, 
vessels and aircraft which are the property of the United 
States Forces shall be accepted by the Republic of Panama.
  (b) The Republic of Panama shall recognize as sufficient, the 
valid licenses, permits, certificates or other official 
classifications from the United States Government, possessed by 
operators of vehicles, vessels and aircraft which are property 
of the United States Government.
  (4)(a) The vehicles, trailers, vessels and aircraft belonging 
to the members of the Forces or the civilian component, or 
dependents, shall also move freely within the Republic of 
Panama, in compliance with the traffic regulations and those 
regarding the annual mechanical inspection. The license plate 
fee and other obligations shall not be discriminatory.
  (b) The Republic of Panama shall issue, in accordance with 
its laws, the appropriate documents of title and registration 
of vehicles, trailers, vessels and aircraft which are the 
property of the members of the Forces or the civilian 
component, or dependents, when the latter present title and 
registration, issued by the federal or state authorities of the 
United States or by the authorities of the former Canal Zone. 
Applicants may retain such documents provided they leave with 
the Panamanian authorities a copy authenticated by the United 
States Forces, duly translated into Spanish.
  While the corresponding request is being processed and within 
a term which may not exceed thirty days after its arrival in 
the Republic of Panama, the means of transportation mentioned 
above may be operated with the plates or distinctive marks 
issued by the United States federal or state authorities.
  (c) The members of the Forces or the civilian component, and 
dependents, who bear drivers' licenses, vessel operators' 
permits, or licenses and classifications of air pilots issued 
by the federal or state authorities of the United States or by 
the authorities of the former Canal Zone, shall receive 
equivalent Panamanian licenses, permits and classifications 
without being subjected to new tests or payments of new fees. 
The applicants may retain the licenses, permits and 
classifications of the United States or the former Canal Zone 
provided that they leave with the Panamanian authorities a copy 
authenticated by the United States Forces and duly translated 
into Spanish. Members of the Forces or the civilian component, 
and dependents, shall be permitted to drive vehicles, vessels 
or aircraft in the Republic of Panama with such licenses, 
permits and classifications during the thirty days following 
their first arrival in the Republic of Panama and during the 
subsequent period necessary for the processing of the 
application in Panama for a driver's license, vessel operator's 
permit, or license and classification as an air pilot.
  (d) The Panamanian licenses, permits or classifications shall 
be valid for the period of time indicated in the Panamanian law 
and, during the continuous presence of the bearer in Panama, 
shall, to preserve their validity, be renewed in accordance 
with Panamanian laws.
  Whenever Panamanian laws may require medical certifications 
for the renewal of licenses, permits or classifications the 
Republic of Panama shall accept the certifications issued by 
the medical services of the United States Forces, provided that 
said certifications are issued in Spanish.
  (e) The Republic of Panama shall issue, in accordance with 
its laws, drivers' licenses, vessel operators' permits, and 
licenses and other classifications of air pilots to members of 
the Forces or the civilian component, and dependents, when they 
do not possess such documents. If any test is required as a 
prerequisite for the issuance of the documents mentioned, 
Panama shall permit the interested persons to take the 
examination in Spanish or English. Any material which the 
Republic of Panama may generally issue in preparation for such 
examinations shall be furnished, in Spanish or English, as the 
applicant may request.
  (5) Aircraft other than those of Panama and the United States 
may use the runways of the defense sites only after obtaining 
appropriate authorization from the Republic of Panama. When 
deemed convenient, the two Governments shall adopt, through the 
Joint Committee, regulations governing the use by such 
aircraft.
  (6) The installation, change of position or alteration of 
lights and other signal installations to assist in navigation 
of aircraft, placed or established in the defense sites or in 
their surroundings, shall be subject to previous consultation 
between the appropriate authorities of both Governments.
  (7) The Republic of Panama shall adopt such measures as may 
be appropriate to coordinate air traffic in the Republic of 
Panama, so that, in a manner consistent with the mission of the 
United States Forces, maximum safety shall be offered to civil 
and military air navigation. All systems of control and 
coordination of military air traffic shall be developed jointly 
as needed for the fulfillment of the specific purposes of this 
Agreement. The procedures needed to bring about this 
coordination shall be agreed upon by the appointed authorities 
of both Governments, respecting always the sovereignty of the 
Republic of Panama over all its air space.
  The Republic of Panama agrees that, for security reasons, at 
the request of the United States Forces it shall restrict 
overflights of certain of the defense sites.
  (8) The Joint Committee may agree on rules and procedures 
that may be necessary to implement this Article.

                         Article XVI--Taxation

  (1) By virtue of this Agreement, the United States Forces are 
exempt from payment in the Republic of Panama of all taxes, 
fees or other charges on their activities or property, 
including those imposed through contractors or subcontractors.
  (2) Members of the Forces or the civilian component, and 
dependents, shall be exempt from any taxes, fees, or other 
charges on income received as a result of their work for the 
United States Forces or for any of the service facilities 
referred to in Articles XI or XVIII of this Agreement. 
Similarly, as is provided by Panamanian law, they shall be 
exempt from payment of taxes, fees or other charges on income 
derived from sources outside the Republic of Panama.
  (3) Members of the Forces or the civilian component, and 
dependents, shall be exempt from taxes, fees or other charges 
on gifts or inheritance or on personal property, the presence 
of which within the territory of the Republic of Panama is due 
solely to the stay therein of such persons on account of their 
or their sponsor's work with the United States Forces.
  (4) The Joint Committee may establish such regulations as may 
be appropriate for the implementation of this Article.

                      Article XVII--Import Duties

  (1) Except for the exemptions provided for in this Agreement, 
the members of the Forces or the civilian component, and 
dependents shall be subject to the laws and regulations 
administered by the customs authorities of the Republic of 
Panama.
  (2) All property imported for the official use or benefit of 
the United States Forces, including that imported by their 
contractors or subcontractors, in connection with the various 
activities authorized under this Agreement, shall be exempt 
from the payment of all customs duties or other import taxes 
and charges and from all license requirements
  The United States Forces shall issue a certificate, following 
the form adopted by the Joint Committee, stating that the 
property being imported is for these purposes.
  (3) Property consigned to or imported for the personal use of 
the members of the Forces or the civilian component, or 
dependents shall be subject to the payment of import duties or 
other import taxes, except for the following:
          (a) Furniture, household goods and personal effects 
        imported by such persons for their private use within 
        six months following their first arrival in the 
        Republic of Panama. In the case of persons who are 
        unable to obtain adequate housing when they first 
        arrive in the Republic of Panama, an additional period 
        of six months from the time they obtain adequate 
        housing shall be granted them for the importation of 
        such articles, provided that the United States Forces 
        issue a certificate stating that the person concerned 
        has not accomplished such importation and indicating 
        the date upon which he obtained adequate housing and 
        its address.
          (b) Vehicles imported by such persons for their 
        private use, and the spare parts required for proper 
        maintenance of such vehicles. The Joint Committee shall 
        establish the limitations on the quantity and frequency 
        of imports of such vehicles and parts;
          (c) A reasonable quantity of articles for the private 
        use of such persons, imported as personal baggage or 
        sent into the Republic of Panama through the military 
        post offices of the United States;
          (d) Such other imports as may be expressly authorized 
        by the competent authorities of the Republic of Panama 
        at the request of the United States Forces.
  (4) The exemptions granted in paragraph (3) of this Article 
shall apply only to cases involving the importation of articles 
exempted at the time of entry and shall not be construed as 
obligating the Republic of Panama to reimburse customs duties 
and domestic taxes collected by the Republic of Panama in 
connection with purchases of goods from Panamanian sources 
subsequent to their importation.
  (5) Customs inspections shall not be made in the following 
cases:
          (a) Members of the Forces traveling under orders, 
        other than leave orders, who enter or depart from the 
        Republic of Panama;
          (b) Official documents under official seal and mail 
        sent through the military postal channels of the United 
        States;
          (c) Cargo consigned to the United States Forces.
  (6) Property imported under this Article and subsequently 
transferred to a person who is not entitled to duty-free 
importation shall be subject to the payment of import duties 
and other taxes according to the laws and regulations of the 
Republic of Panama. Such sales shall not be permitted when they 
are motivated by commercial purposes.
  (7) All property imported into the Republic of Panama free of 
customs duties and other taxes pursuant to paragraphs (2) and 
(3) of this Article may be exported free of customs duties, 
export permits, or other export taxes and assessments. All 
property acquired in the Republic of Panama by, or in the name 
of the United States Forces, or acquired by members of the 
Forces or the civilian component, or dependents, for their 
private use may be exported free of customs duties, export 
licenses or other export taxes and charges.
  (8) The authorities of the United States agree to cooperate 
with the authorities of the Republic of Panama and shall take, 
within their legal authority, all such steps as may be 
necessary to prevent the abuse of the privileges granted under 
the Article to the members of the Forces or the civilian 
component, or dependents.
  (9) In order to prevent violations of the laws and 
regulations administered by the customs authorities of the 
Republic of Panama, the two Governments agree as follows:
          (a) The authorities of the Republic of Panama and the 
        competent authorities of the United States shall 
        mutually assist one another in the conduct of 
        investigations and the collection of evidence.
          (b) The authorities of the United States shall take, 
        within their legal authority, all necessary measures to 
        ensure that articles subject to seizure by or in the 
        name of the customs authorities of the Republic of 
        Panama are delivered to these authorities.
          (c) The authorities of the United States shall take, 
        within their legal authority, all necessary measures to 
        ensure the payment by members of the Forces or the 
        civilian component, and dependents, of such import 
        duties, taxes, and fines as may be duly determined by 
        the Panamanian authorities.
  (10) Vehicles and articles belonging to the United States 
Forces that are seized from a person by the authorities of the 
Republic of Panama in connection with a violation of its 
customs or tax laws or regulations shall be delivered to the 
competent authorities of the United States Forces.
  (11) The Joint Committee will constitute the means of 
communication and information between the two Governments with 
regard to matters pertaining to the implementation of this 
Article.

            Article XVIII--Health, Sanitation and Education

  (1) The United States Forces may furnish educational, 
sanitary and medical services, including veterinary services, 
to the members of the Forces or the civilian component, and 
dependents, and other persons as may be agreed upon as 
exceptions by the two Governments through the Joint Committee.
  (2) Matters of mutual interest relative to the control and 
prevention of diseases and the coordination of other public 
health, quarantine, sanitation and education services shall be 
the subject of coordination in the Joint Committee.
  (3) The Republic of Panama authorizes the United States 
Forces, in rendering such health, sanitation and education 
services, to apply its own regulations.

                          Article XIX--Surveys

  The United States may carry our topographic, hydrographic, 
agrologic and other surveys (including taking of aerial 
photographs) within the defense sites. Surveys in other areas 
of the Republic of Panama shall require authorization from the 
Republic of Panama, in the manner agreed upon in the Joint 
Committee, and the Republic of Panama shall, at its option, 
designate a representative to be present. The United States 
shall furnish a copy of the data resulting from such surveys to 
the Republic of Panama at no cost.

                           Article XX--Claims

  (1) Each Government waives its claims against the other 
Government for damage to any property owned by it and used by 
its land, sea or air armed services, in the following 
circumstances;
          (a) If the damage was caused by a member or an 
        employee of the armed services of the other Government, 
        in the performance of his official duties; or,
          (b) If the damage arose from the use of any vehicle, 
        vessel or aircraft owned by the other Government and 
        used by its armed services, provided either that the 
        vehicle, vessel or aircraft causing the damage was 
        being used for official purposes, or that the damage 
        was caused to property being so used.
  (2) In the case of damage caused or arising as stated in 
paragraph (1), to other property owned by either Government and 
located in the Republic of Panama, the claims shall be settled 
by the Government against which the claim is made. If it is not 
settled in due course, the claim may be pursued through 
diplomatic channels. Both Governments hereby waive the 
collection of any claims for an amount less than $1,400 U.S. or 
B/.1,400 which are of equal value.
  (3) In cases of maritime salvage, each Government waives its 
claims against the other if the vessel or cargo salved was the 
property of the other Government and was used by its armed 
services for official purposes.
  (4) For the purposes of this Article, any vessel chartered, 
requisitioned or seized in prize by a Government shall be 
considered its property (except to the extent that the risk of 
loss or liability is assumed by some other persons than such 
Government).
  (5) Each Government waives its claims against the other 
Government for injury or death suffered by any member of its 
armed services while said member was engaged in the performance 
of his official duties.
  (6) The members of the Forces and the civilian employees of 
the United States Forces shall be subject to the jurisdiction 
of the civil courts of the Republic of Panama except in matters 
which arise from the performance of their official duty. In 
cases where payment has been accepted in full satisfaction of 
the claim, the civil courts of the Republic of Panama shall 
dismiss any proceedings concerning the matter.
  (7) When personal private property subject to seizure or 
attachment by order of a competent authority under Panamanian 
law is within the defense sites, the United States authorities 
shall render, upon request of the Panamanian authorities, all 
assistance within their power in order that such property is 
turned over promptly to the Panamanian authorities. This 
paragraph shall not apply to personal property which, although 
privately owned, is in use by or on behalf of the United States 
Forces.
  (8) Non-contractual claims arising from damages caused in the 
performance of their official duties by members or civilian 
employees of the United States Forces to third parties other 
than the two Governments shall be presented by the injured 
party through the Joint Committee to the appropriate 
authorities of the United States Forces for settlement. The 
authorities of the Republic of Panama may submit advice and 
recommendations on Panamanian law to the claim authorities of 
the United States for their use in evaluating liability and 
amount of damages.
  (9) For other non-contractual claims against the members of 
the Forces or the civilian component, the authorities of the 
United States, following consultation with the appropriate 
authorities of the Government of Panama, shall consider the 
claim and, if appropriate, offer an ex gratia payment.
  (10) The authorities of both Governments shall cooperate in 
the investigation and procurement of evidence for a fair 
disposition of claims under this Article.
  (11) Contractual claims against the United States Forces 
shall be settled in accordance with the dispute clause of the 
contracts, and in the absence of such clause, through 
presentation of claims to the United States authorities through 
the appropriate channels.
  (12) The United States Government shall require contractors 
and subcontractors referred to in Article XII of this Agreement 
to obtain appropriate insurance to cover the civil liabilities 
that may be incurred in Panamanian territory as a result of 
acts or omissions done in the performance of official duty by 
their employees. The Joint Committee shall establish the 
general standards for such insurance.

                    Article XXI--General Provisions

  (1) The activities and operations of the United States 
Government shall be carried out with adequate attention to 
public health and safety in the Republic of Panama. Within the 
defense sites, whose use Panama makes available to the United 
States by virtue of this Agreement, the United States 
authorities shall adopt all the appropriate measures to 
cooperate for these purposes with the authorities of the 
Republic of Panama.
  (2) When required by their official duties, members of the 
Forces or the civilian component may possess and carry official 
arms and they will conform to any standards which the Joint 
Committee establishes. The members of the Forces or the 
civilian component, and dependents, may bear private arms in 
accordance with applicable Panamanian laws and regulations, and 
regulations of the United States Forces.
  (3) The members of the Forces shall be obliged to observe 
proper conduct in accordance with the order and discipline 
required by Panamanian laws and the military laws and 
regulations of the United States. The authorities of the 
Republic of Panama shall maintain vigilance that Panamanian 
laws and regulations shall be observed at all times.
  When the order and discipline referred to in this paragraph 
should be breached by members of the Forces outside the defense 
sites, and the authorities of the Republic of Panama, for 
reasons of language differences or other circumstances, 
consider it convenient they may request the presence of 
personnel of the police of the United States Forces to 
cooperate in the reestablishment of order and discipline, and, 
in such cases, the United States Forces shall be obliged to 
send them.
  Within the defense sites, the police function shall be 
primarily exercised by the police of the United States Forces. 
The Panamanian authorities shall cooperate with the United 
States Forces in the fulfillment of this function, for which 
purpose they may locate members of the Panamanian police within 
the defense sites at the headquarters of the police of the 
United States Forces or as the Joint Committee agrees. Such 
cooperation shall be rendered particularly in those cases 
involving Panamanian nationals.
  The Joint Committee may also agree on a procedure so that 
members of the Panamanian police and the police of the United 
States Forces may jointly conduct routine inspections for the 
maintenance of order and discipline in those places where 
vigilance is especially required.
  (4) The United States Forces shall restrict, to the maximum 
extent possible, the wearing of military uniforms so that they 
will be worn only when necessary. The Joint Committee shall 
adopt standards regarding the wearing of military uniforms in 
other cases, as exceptions.

                         Article XXII--Duration

  This Agreement shall enter into force when the Panama Canal 
Treaty signed on this date enters into force and shall 
terminate at noon, Panama time, on December 31, 1999.

  Done at Washington, this 7th day of September, 1977, in 
duplicate in the English and Spanish languages, both texts 
being equally authentic.
                              ----------                              


   Annex A--Defense Sites, Military Areas of Coordination and Other 
                             Installations

  (1) The defense sites, military areas of coordination, and 
other installations, the use of which is made available by the 
Republic of Panama to the United States, are described below 
and identified, but not definitively, on the maps attached 
hereto \2\ and referenced herein, in the manner indicated on 
the legends thereof. When areas or installations are depicted 
on more than one map of different scales, the identification on 
the map with the largest scale shall be controlling. More 
precise identifications and exact boundaries shall be agreed 
upon as soon as practicable by the Joint Committee established 
in Article II of this Agreement after a Joint Survey to be 
conducted by representatives of the two Parties. When the 
aforementioned identifications have been completed and agreed 
upon, they shall be controlling as to the boundaries of the 
installations and areas described in this Annex.
---------------------------------------------------------------------------
    \2\ The maps referred to in this Annex are not reproduced in this 
volume. See TIAS 10031, attachment 1 [pocket].
---------------------------------------------------------------------------
  (2) The defense sites are described generally as follows:
          (a) Howard Air Force Base--Fort Kobbe--Farfan 
        (including the Farfan Radio Receiver Facility, Farfan 
        Annex), and United States Naval Station, Rodman, and 
        Marine Barracks (including 193rd Brigade Ammunition 
        Storage Area, Cocoli Housing Area and Arraijan Tank 
        Farm) (Attachment 1);
          (b) Fort Clayton--Corozal Army Reservation and 
        Albrook Air Force Station (west) (Attachments 1, 2 and 
        3);
          (c) For William D. Davis Military Reservation, to 
        include Dock 45 and the adjacent water area and 
        Atlantic general depot areas, (Attachments 1 and 4);
          (d) Fort Sherman Military Reservation, (Attachment 
        1); and
          (e) Galeta Island; United States Navy Transisthmian 
        Pipeline; and Semaphore Hill Long-Range Radar and 
        Communications Link, (Attachment 1).
  (3)(a) The Military Areas of Coordination are described 
generally as follows:
          (i) General Military Areas of Coordination:
                  (aa) Quarry Heights, except for housing made 
                available to Panama pursuant to paragraph 
                (5)(b) of Annex B to this agreement 
                (Attachments 1 and 5);
                  (bb) United States Naval Station, Panama 
                Canal, Fort Amador (Attachments 1 and 6); and
                  (cc) Fort Gulick (Attachments 1 and 7).
          (ii) Military Areas of Coordination for Training 
        (Attachment 1):
                  (aa) Empire Range;
                  (bb) Pina Range;
                  (cc) Fort Sherman West; and
                  (dd) Fort Clayton Training Area.
          (iii) Military Areas of Coordination for Housing:
                  (aa) Curundu Heights, except for housing made 
                available to the Republic of Panama pursuant to 
                paragraph (5)(b) of Annex B to this Agreement 
                (Attachments 1 and 8);
                  (bb) Herrick Heights (Attachments 1 and 9);
                  (cc) Coco Solo South (Attachments 1 and 10);
                  (dd) Fort Amador, except for Buildings 1 
                through 9, 45 through 48, 51, 57, 64, and 93, 
                and for housing made available to the Republic 
                of Panama pursuant to paragraph (5)(b) of Annex 
                B to this Agreement (Attachments 1 and 11);
                  (ee) France Field (Attachments 1 and 12); and
                  (ff) Curundu Flats (Attachments 1 and 8).
  (iv) Special Facilities:
                  (aa) Curundu Antenna Farm (Attachments 1 and 
                3);
                  (bb) United States Navy Communications 
                Station, Balboa (Attachments 1 and 6);
                  (cc) Summit Naval Radio Station (Attachment 
                1);
                  (dd) Quarry Heights Communications Facility 
                (tunnel) (Attachments 1 and 5);
                  (ee) Ancon Hill Communications Facilities 
                (Attachments 1 and 5);
                  (ff) Battery Pratt Communications Facility 
                (Coordinate 119326) (Attachment 1);
                  (gg) Ammunition Supply Point, Fort Gulick 
                (Attachments 1 and 13);
                  (hh) Navy Communications-Electric Repair 
                Facility (Building 43-F) (Attachments 1 and 
                14);
                  (ii) United States Army Transport-Shipping 
                Facility (Building 39-C) (Attachments 1 and 
                14);
                  (jj) Gorgas Hospital Complex (Buildings 223, 
                233, 237, 238, 240, 240-A, 241, 241-A, 242, 
                253, 254, 255, 257, 257-G, 261, hospital 
                grounds, and building 424) (Attachments 1 and 
                9);
                  (kk) Coco Solo Hospital (Buildings 8900, 
                8901, 8902, 8904, 8905, 8906, 8907, 8908, 8910, 
                8912, 8914, 8916, 8918, 8920, 8922, 8926, 
                tennis court, grounds and miscellaneous 
                buildings and structures) (Attachment 1);
                  (ll) Balboa High School (Buildings 74, 701, 
                702, 704, 705, 706, 707, 713-X, Stadium, 723, 
                723-A, 723-B, 723-C, 723-D, 723-E, 723-F, 723-
                G, parking area, and play slab) (Attachments 1, 
                14, 15 and 16);
                  (mm) Curundu Junior High School (Buildings 
                061-5A, 061-5B, 061-5C, 061-5D, 061-5F, cooling 
                tower structure, playgrounds, tennis courts, 
                and equipment, storage and music buildings, 
                swimming pool and bathhouse, and parking areas 
                (Attachments 1 and 8);
                  (nn) Cristobal Junior High School (Buildings 
                1141, 1143, 1149, 1150, 1151, 1153, 1154, 1156, 
                1239, 1158, 1186, 1288, 2000, playfield, and 
                parking areas) (Attachments 1 and 10);
                  (oo) Balboa Elementary School (Buildings 709, 
                710, playground, and parking area) (Attachments 
                1, 15 and 16);
                  (pp) Diablo Elementary school (Buildings 
                5534, 5536, 5634, 5636, 5638, playground, air 
                conditioning building, and parking area) 
                (Attachments 1 and 17);
                  (qq) Los Rios Elementary School (Buildings 
                6225, 6226, playground, parking area and 
                chilled water building) (Attachments 1 and 18);
                  (rr) Gamboa Elementary School (Buildings 56, 
                56-A, playground, and parking area) 
                (Attachments 1 and 19);
                  (ss) Coco Solo Elementary School (Buildings 
                98, 98-A, parking area, playground and chilled 
                water building) (Attachments 1 and 20);
                  (tt) Margarita Elementary School (Buildings 
                8350, 8352, playground, parking area, chilled 
                water building and storage building) 
                (Attachments 1 and 21);
                  (uu) Fort Gulick Elementary School (Buildings 
                350, 351, 352, playground and parking area) 
                (Attachments 1 and 7);
                  (vv) Canal Zone College (Buildings 1030, 
                1031, 1032, 1033, 1034, 1035, 980, 982, 838, 
                athletic field and parking lots) (Attachments 
                1, 15 and 22);
                  (ww) Ancon School Administration Office 
                (Partial use of Panama Canal Commission 
                Building 0610) (Attachments 1 and 9);
                  (xx) Margarita Community Health Center 
                (Partial use of Panama Canal Commission 
                Building 7998) (Attachments 1 and 21);
                  (yy) Gamboa Community Health Clinic (Use of 
                Panama Canal Commission Building 63) 
                (Attachments 1 and 19);
                  (zz) Ancon Dental Clinic (Building 287-X, 
                partial use of Panama Canal Commission Building 
                287) (Attachments 1 and 9);
                  (aaa) Corozal Mental Health Center (Buildings 
                6521, 6523, 6524, 6525, 6526, 6537 and grounds) 
                (Attachments 1, 18 and 23);
                  (bbb) Corozal Animal Care Station/Veterinary 
                Hospital (Buildings 6553, 6554, 6555, and 
                grounds) (Attachments 1 and 18);
                  (ccc) Corozal Cemetery (Buildings and 
                facilities) (Attachments 1, 18 and 23);
                  (ddd) Balboa Community Health Center (Use of 
                Panama Canal Commission Building 721) 
                (Attachments 1 and 15); and
                  (eee) Coco Solo Community Health Center (Room 
                in Building 1140) (Attachments 1 and 20).
  (b) The following installations, not contiguous to the 
defense sites or military Areas of Coordination, which shall be 
subject to the provisions of the Panama Canal Treaty and this 
Agreement applicable to the Military Areas of Coordination are 
described generally as follows:
          (i) Buildings 430, 433 and 435 in the Corozal Antenna 
        Field (Attachments 1 and 2);
          (ii) AAFES Warehouse, Building 1008 and 1009 
        (Attachments 1 and 3);
          (iii) United States Army Meddac Warehouses, Buildings 
        490 and 1010 (Attachments 1 and 3);
          (iv) Defense Mapping Agency--Inter-American Geodetic 
        Survey Headquarters and warehouse, Buildings 1019, 1007 
        and 1022 (Attachments 1 and 3);
          (v) Balboa West bombing range, as defined by 
        coordinates PA 350056, PA 381074, PV 433990 and PV 
        404799 (Attachment 1);
          (vi) United States Navy Salvage Storage Area, 
        Building 29-B (Attachments 1 and 14);
          (vii) United States Army NBC Chambers, Buildings 922, 
        923, 924, 925, 926 and 927 (Attachments 1 and 8);
          (viii) United States Air Force Communications Group 
        storage/training facility, Building 875 (Attachments 1 
        and 8);
          (ix) Inter-American Air Force Academy Jet Engine Test 
        Cell, Building 1901 (Attachments 1 and 8);
          (x) Quarry Heights Motor Pool (Building 159) 
        (Attachments 1 and 5);
          (xi) Ammunition Transfer Point, Cerro Pelado 
        (Coordinates 415083) (Attachment 1); and
          (xii) Fort Amador (Buildings S-103, 104, 105, 105-A, 
        105-B, 107, 110, 190, 218, 228, 229, 268, 270) 
        (Attachments 1 and 11).
  (c) The following areas described in paragraph (a) above 
shall cease to be Military Areas of Coordination three years 
from the entry into force of this Agreement:
          (i) Curundu Antenna Farm;
          (ii) Curundu Heights Housing; and
          (iii) Barracks facilities at Fort Gulick for a 
        company of the Forces of the Republic of Panama in 
        specific buildings as agreed in the Joint Committee.
  (d) The following areas described in paragraph (a) above 
shall cease to be Military Areas of Coordination five years 
from the entry into force of this Agreement:
          (i) Fort Gulick, except for family housing, community 
        service areas, and the ammunition storage facility; and
          (ii) France Field.
  (e) The following areas described in paragraph (a) above 
shall cease to be Military Areas of Coordination during the 
life of this Agreement:
          (i) Fort Clayton Training Area;
          (ii) Fort Amador;
          (iii) Fort Gulick Family Housing, community service 
        areas and the ammunition storage facility;
          (iv) Coco Solo Family Housing; and
          (v) That portion of the Curundu Flats Housing Area 
        comprising the contractor's trailer housing area.
  (4) The installations outside of the defense sites, which may 
be used as provided in Article XI, are described generally as 
follows:
          (a) Miscellaneous facilities as follows: Post 
        Exchange Facility in Building 100, Coco Solo; packing 
        and crating Building 406, Albrook; Post Exchange 
        warehouse, Building 304; household goods crating 
        warehouse, Building 1081; Contractor's air conditioning 
        facility, Building 1002; and household goods warehouse, 
        Building 1067 (Attachments 1, 3, 8 and 20);
          (b) Recreational Facilities as follows: Camp Chagres 
        Boy Scout Camp at Madden Dam; and Surfside Theater at 
        Naos Island (Attachment 1); and
          (c) Post Exchange Facility, Curundu, Buildings 1025, 
        1026 and 1027; Photo Shop Building 821 (Attachments 1, 
        3 and 8).
                              ----------                              


  Annex B--Terms for Administration of Military Areas of Coordination

    (1) Purpose: To establish and delineate the respective 
responsibilities of the United States Forces and the Forces of 
the Republic of Panama concerning certain areas which the 
Republic of Panama makes available for coordinated use by the 
United States Forces and the Forces of the Republic of Panama.
    (2) Definitions:
          (a) Military Areas of Coordination (sometimes 
        hereinafter referred to as ``Areas'') are those areas, 
        and the facilities within them, outside of defense 
        sites, which the Republic of Panama by this Agreement 
        authorizes the United States to use for purposes of 
        communications and military training, and for housing 
        and support of members of the Forces, the civilian 
        component, and dependents; and for other purposes, as 
        the two Parties may agree. A list of these Areas is set 
        forth in Annex A to this Agreement.
          (b) Security includes those measures taken to provide 
        physical protection and limit access to or egress from 
        a Military Area of Coordination.
          (c) Exterior security measures area applicable only 
        outside the boundaries of Military Areas of 
        Coordination.
          (d) Interior security measures are applicable only 
        inside the boundaries of Military Areas of 
        Coordination.
    (3) General Conditions:
          (a) The Republic of Panama authorizes the United 
        States to use and maintain Military Areas of 
        Coordination for the purposes of the Panama Canal 
        Treaty. Signs exterior to Military Areas of 
        Coordination will indicate that such Areas are operated 
        under a grant of authority from the Republic of Panama. 
        Only the flag of the Republic of Panama shall be flown 
        in Military Areas of Coordination, including at their 
        entrances, except that, as provided in Article VII of 
        the Panama Canal Treaty, the flags of both the Republic 
        of Panama and the United States may be flown at the 
        site of the Combined Board, which shall be located at 
        Quarry Heights.
          (b) All rights, privileges and immunities, which the 
        United States possesses with respect to defense sites 
        under this Agreement shall apply equally with respect 
        to the Military Areas of Coordination, except as 
        limited or excluded in this Annex.
          (c) The security of the Military Areas of 
        Coordination shall be the combined responsibility of 
        the United States Forces and the Forces of the Republic 
        of Panama. The Forces of the Republic of Panama shall 
        have the responsibility for maintaining exterior 
        security for these Areas, except where the boundary of 
        such an area coincides with the boundary of a defense 
        site. The United States Forces may assist the Forces of 
        the Republic of Panama in combined stations and patrols 
        as mutually agreed. The senior United States Commander 
        shall have the responsibility for interior security, 
        including control of access to these Areas. Joint 
        United States/Republic of Panama Military police 
        patrols will be used within the Military Areas of 
        Coordination, except within the Special Facilities 
        referred to in paragraph 6 of this Annex. The United 
        States Forces shall be responsible for the command, 
        supervision and protection of their personnel, 
        facilities and equipment within the Areas. The Forces 
        of the Republic of Panama shall be responsible for the 
        command, supervision, and the protection of their 
        personnel and equipment and of the facilities they use 
        within the Areas. The members of the Forces, civilian 
        component and dependents, shall have free unrestricted 
        access to the Areas.
          (d) No change in the basic character and functions of 
        Military Areas of Coordination shall be made except by 
        mutual consent of the United States Forces and Forces 
        of the Republic of Panama through the Joint Committee 
        or in accordance with Article IV of this Agreement.
          (e) The Combined Board, which is established in 
        Article IV of the Panama Canal Treaty, will be the body 
        in which the United States Forces and the Forces of the 
        Republic of Panama will consult regarding joint 
        training in the Military Areas of Coordination, 
        including construction of new training facilities.
          (f) The Joint Committee, established in Article III 
        of this Agreement will be the body in which the United 
        States Forces and the Armed Forces of the Republic of 
        Panama will consult for the purpose of administration 
        of the Military Areas of Coordination.
          (g) All signs, posters, and notices of general 
        interest within, and at the entrances to, Military 
        Areas of Coordination will be written in the Spanish 
        and English languages.
          (h) A Liaison Office of the Forces of the Republic of 
        Panama may be established within each Military Area of 
        Coordination, as mutually agreed.
          (i) The Republic of Panama authorizes the United 
        States Forces to apply its own regulations concerning 
        fire prevention, safety, and sanitation standards in 
        Military Areas of Coordination.
    (4) Military Areas of Coordination for Training:
          (a) The Military Areas of Coordination for Training 
        identified in Annex A to this Agreement will be 
        available to both the United States Forces and the 
        Forces of the Republic of Panama for the conduct of 
        training.
          (b) The United States Forces shall have the 
        responsibility for scheduling the use of the Training 
        Areas for the duration of this Agreement.
          (c) The United States agrees to increased use of 
        Training Areas by the Forces of the Republic of Panama 
        over the life of this Agreement, in accordance with 
        agreed arrangements of the Combined Board.
          (d) Except as otherwise provided in this Annex, the 
        United States Forces shall have the responsibility for 
        internal control and management of the Training Areas.
          (e) The Commanding Officer of the forces using the 
        Training Areas at any given time will be responsible 
        for the safety of all ranges and firing positions 
        during such use, in accordance with established 
        regulations, subject to the authority of the 
        responsible United States Forces Commander only with 
        respect to matters related to safety.
    (5) Military Areas of Coordination for Housing:
          (a) Military Areas of Coordination for Housing are 
        separately identified in Annex A to this Agreement.
          (b) These areas shall be available for occupancy by 
        members of the Forces or the civilian component, and 
        dependents. Selected housing units will be made 
        available to the Republic of Panama, as may be mutually 
        agreed.
          (c) No new housing units will be constructed in 
        Military Areas of Coordination by the United States.
    (6) Special Facilities:
          (a) Special facilities located in Military Areas of 
        Coordination are separately identified in Annex A to 
        this Agreement.
          (b) With respect to such special facilities, the 
        United States authorities shall be responsible for all 
        interior security to include entrance and exit guards. 
        Only authorized personnel as determined by the United 
        States authorities will be admitted to such facilities.
                              ----------                              


           Annex C--Application of Panamanian Social Security

  (1) The provisions for Employee Social Security, retirement 
benefits, and health benefits coverage, set forth in paragraphs 
1.4 of Article VIII of the Agreement in Implementation of 
Article III of the Panama Canal Treaty shall be applicable, 
mutatis mutandis, to employees of the United States Forces and 
to those employees who may be transferred from the Panama Canal 
Commission to the United States Forces.
  (2)(a) Non-United States citizen employees who are not 
covered by the Civil Service Retirement System of the United 
States, or employees paid by United States non-appropriated 
fund instrumentalities, shall be covered by Panamanian Social 
Security from the date this Agreement enters into force, with 
contributions paid by the insured and the employer according to 
the rates established by the Social Security Laws of the 
Republic of Panama.
  (b) The United States shall request the necessary legislation 
to pay each such employee at retirement similar to that of the 
Social Security System of the Republic of Panama.
                              ----------                              


                     Annex D--Procedural Guarantees

  A member of the Forces or the civilian component, or a 
dependent, prosecuted by the Panamanian authorities shall be 
entitled to the following procedural guarantees:
  (a) To a prompt and speedy trial.
  (b) To be informed, in advance of trial, of the specific 
charge or charges made against him.
  (c) To be confronted with and to be allowed to cross-examine 
the witnesses against him.
  (d) To have evidence and witnesses in his favor presented. 
The authorities shall submit such evidence and call the 
witnesses if they are within the Republic of Panama.
  (e) To have legal representation of his own choice for his 
defense during all investigative and judicial phases from the 
time of submission to questioning and throughout the entire 
proceedings; or, if he indicates he lacks funds for his 
defense, to be defended by the appropriate public defender.
  (f) To have the services of a competent interpreter if he 
considers it necessary.
  (g) To communicate with a representative of the Government of 
the United States and to have such a representative present, as 
an observer, at his trial.
  (h) Not to be held guilty on account of any act or omission 
which did not constitute a criminal offense under the law of 
the Republic of Panama at the time it was committed.
  (i) To be present at his trial which shall be public. 
However, without prejudice to the procedural guarantees in this 
Annex, persons whose presence is not necessary may be excluded, 
if the court so decides for reasons of public order or 
morality.
  (j) In his proceedings to have the total burden of proof 
laden upon the Public Prosecutor or the prosecution.
  (k) To have the court consider only voluntary confessions and 
evidence properly obtained in accordance with the requirements 
of the law.
  (l) Not to be compelled to testify against or otherwise 
incriminate himself.
  (m) Not to be required to stand trial if he is not physically 
or mentally fit to stand trial and participate in his defense.
  (n) Not to be tried or punished more than once for the same 
offense.
  (o) To have the right to appeal a conviction or sentence.
  (p) To have credited to any sentence for confinement his 
entire period of pre-trial custody.
  (q) Not to be subject to application of martial law or trial 
by military courts of special tribunals.
  (r) To enjoy other guarantees and rights provided for in the 
Constitution, Judicial Code and other laws of the Republic of 
Panama.
                              ----------                              


 Agreed Minute to the Agreement in Implementation of Article IV of the 
                          Panama Canal Treaty

  1. With reference to paragraph 5(c) of Article VI of the 
Agreement in Implementation of Article IV of the Panama Canal 
Treaty (hereinafter referred to as ``the Agreement''), the five 
offenses under Panamanian law referred to therein are 
understood to be:
          (a) ``Murder'' means the intentional killing of one 
        person by another.
          (b) ``Rape'' means the commission of an act of sexual 
        intercourse by violence or threat and without consent 
        with a person not his spouse, or with a person who is 
        not capable of resisting by reason of mental or 
        physical illness, or with a minor less than twelve 
        years old.
          (c) ``Robbery with violence'' means the act of 
        appropriating an object of value belonging to someone 
        else with the purpose of depriving its owner of his 
        possession and deriving benefit from it, using violence 
        against such person or a third person present at the 
        scene of the act.
          (d) ``Trafficking in drugs'' means the unlawful sale, 
        exchange or transfer for gain of marihuana, hashish, 
        heroin, cocaine, amphetamines, barbiturates, or L.S.D.
          (e) ``Crime against the security of the Panamanian 
        State'' means espionage, sabotage, or terrorism 
        directed against the constituted powers or authorities 
        of Panama, with the purpose of overthrowing them.
  2. With reference to paragraphs (2) and (3) of Annex A, it is 
understood that the United States agrees to the construction by 
the Republic of Panama of an Atlantic Coast Highway, and a new 
highway on the Pacific side of the Isthmus, at locations and 
with right of way widths to be mutually agreed. It is further 
understood that the bridge over the Canal, in each case, will 
be of a design sufficiently high so that it will not interfere 
with the operation of the Canal or with any improvement that 
may be made to the Canal.
  3. With reference to paragraph (2)(a) of Annex A, it is 
understood that the United States agrees to the construction by 
the Republic of Panama of a road from Panama City to Vera Cruz 
at a location to be agreed upon by the Parties, the use of 
which will be subject to certain agreed conditions and 
restrictions, which will include the following:
  The right of way through the defense site shall be used only 
for the construction, use and maintenance of the road.
  The United States Forces shall have access to the right of 
way and the right to cross it at any point.
  It is understood that upon completion of such road, the 
access road through Howard Air Force Base to Vera Cruz may be 
closed by the United States to through traffic. It is further 
understood that the Republic of Panama will preclude any 
activity in the coastal areas in the vicinity of Kobbe and 
Venado Beaches which, in the determination of the United States 
Forces, might interfere technically with the activities of the 
United States Navy Receiver Site at Farfan, the United States 
Air Force communications activity in the vicinity of the 
Howard/Kobbe Defense Sites, and aircraft operations at Howard 
Air Force Base.
  An illustrative listing of activities which would interfere 
with aircraft operations at Howard Air Force Base is as 
follows:
  Any construction within 1 kilometer on either side of the 
runway as extended to the sea.
  Construction to structures or objects more than 8 meters high 
in an area from 1 to 3 kilometers east of the runway as 
extended to the sea.
  Construction of structures or objects more than 8 meters high 
in an area from 1 to 2 kilometers west of the runway as 
extended to the sea.
  It is further understood that the general public shall have 
free access to those portions of Venado and Kobbe Beaches lying 
within defense sites, in accordance with procedures to be 
developed by the Joint Committee.
  4. With reference to paragraph (2)(b) of Annex A, it is 
understood that the airstrip at Albrook Air Force Station which 
is transferred to the Republic of Panama as provided in Article 
XIII of the Panama Canal Treaty, will not be used for any 
aviation flight purposes other than helicopter operations. It 
is further understood that the United States Forces may conduct 
helicopter operations on the west taxiways, adjacent grassy 
areas and runway at Albrook Air Force Station until such time 
as the Republic of Panama determines that development of this 
area adversely affects flight safety.
  5. With reference to paragraphs (2)(c), (2)(d), 
(3)(a)(ii)(bb) and (3)(a)(ii)(cc) of Annex A, it is understood 
that the general public shall have free access to and use of 
the R-6, 836, R-2, S-10, S-2, and S-8 Roads.
  6. With reference to paragraph (2)(e) of Annex A:
          (a) it is understood that the Republic of Panama will 
        restrict any activity within a 6,000 foot radius of the 
        Galeta operating antenna (coordinates 238393) which, in 
        the determination of the United States Forces, might 
        interfere technically with the communications at 
        Galeta. It is further understood that there will be no 
        construction within a 10,500 foot radius of the Galeta 
        operating antenna for a purpose of heavy industry or of 
        installations with high voltage electrical emission, 
        unless the two parties otherwise agree;
          (b) it is understood that the Republic of Panama 
        shall keep the R-12 Road open from Coco Solo to Galeta 
        Island; and
          (c) it is understood that the United States will 
        consider authorizing use by the Republic of Panama of 
        the Navy pipelines, under terms and conditions to be 
        mutually agreed.
  7. With reference to paragraph (3)(a)(i)(aa) of Annex A, it 
is understood that the United States shall have use of and 
access rights to a helicopter landing site at grid coordinates 
596898, in accordance with procedures to be developed by the 
Joint Committee.
  8. With reference to paragraphs (3)(a)(i)(bb) and 
(3)(a)(iii)(dd) of Annex A, it is understood that the United 
States Forces and the Forces of the Republic of Panama will 
permit the general public to have free access to the Amador 
Road. It is further understood that the Joint Committee shall 
agree upon the location and operating procedure for a joint 
control point. Until such a new control point is established, 
the present entrance control point shall remain in operation 
and members of the Forces of the Republic of Panama shall 
participate with the United States Forces in its manning. It is 
also understood that joint patrols of the United States Forces 
and of the Forces of the Republic of Panama shall patrol the 
Amador Road. Such joint patrols shall be conducted in 
accordance with the procedures established for joint patrols in 
Article XI of the Panama Canal Treaty. It is further understood 
that the members of the Forces of the Republic of Panama and of 
the United States Forces, the civilian component, and 
dependents shall have free access to and use of the beach at 
Naos Island.
  9. With reference to paragraphs (3)(a)(ii)(bb) and (cc) of 
Annex A, it is understood that the Republic of Panama shall 
maintain the S-10 Road open from Escobal north along the West 
Bank of the Canal from coordinates 140115 to 160228 in order to 
permit access to and from Pina Range and Fort Sherman West 
Training Area.
  10. With reference to paragraph 3(a)(iii)(ff) of Annex A, it 
is understood that joint military patrols of the United States 
Forces and the Forces of the Republic of Panama shall patrol 
the C-12 Road from coordinates 591939 to 601927. Such joint 
patrols shall be conducted in accordance with the procedures 
established for joint patrols in Article XI of the Panama Canal 
Treaty.
  11. With reference to paragraph (3)(a)(iv)(ee) of Annex A, it 
is understood that the Republic of Panama will preclude any 
activity on Ancon Hill which, in the determination of the 
United States Forces, might interfere technically with the 
communications activity of the United States Forces or of the 
Federal Aviation Administration on Ancon Hill.
  12. With reference to paragraphs (3)(b)(ii), (iii) and (iv) 
and (3)(b)(vi) of Annex A, it is understood that the following 
facilities shall cease to be areas of coordination as stated:
  United States Navy Salvage storage Area, Building 29B--Five 
years from the entry into force of the Agreement.
  Buildings 1008 and 1009--Three years from the entry into 
force of the Agreement.
  Buildings 490 and 1010--Two years from the entry into force 
of the Agreement.
  Buildings 1019, 1007 and 1022--One year from the entry into 
force of the Agreement.
  13. With reference to paragraph (3)(b)(v) of Annex A, it is 
understood that the Balboa West Bombing Range will cease to be 
subject to the provisions of Annex B to this Agreement at such 
time as the Republic of Panama provides an alternative 
facility, acceptable to the United States, for the use of the 
United States Forces as a bombing range.
  14. With reference to paragraph (5)(b) of Annex B, it is 
understood that the selected housing units to be made available 
by the United States to the Republic of Panama shall include:
          (1) Upon entry into force of the Agreement:
                  (a) Two family housing units at Quarry 
                Heights for officers of the Forces of the 
                Republic of Panama serving on the combined 
                Board;
                  (b) Eight family housing units in Fort Amador 
                for members of the Forces of the Republic of 
                Panama assigned to Fort Amador. It is further 
                understood that the members of the Forces of 
                the Republic of Panama residing at Fort Amador 
                may use the community facilities at Fort Amador 
                under the same conditions as are applicable to 
                the United States Forces.
                  (c) Twenty family housing units at Curundu 
                Heights.
          (2) Within three years after the entry into force of 
        the Agreement, all family housing units at Curundu 
        Heights. It is understood that the laundry and the 
        Bachelor Officers' housing units at Curundu Heights are 
        not family housing units and will remain under the 
        control of United States Forces for the duration of the 
        Agreement.
        (3) Documents Associated with the Panama Canal Treaties

                                CONTENTS

             DOCUMENTS IMPLEMENTING THE PANAMA CANAL TREATY

                                                                   Page

Exchange of Notes Relating to Postal Services....................   694
Exchange of Notes Relating to Use of Commissary and Post Exchange 
  Facilities.....................................................   695
Letter Regarding Termination of Article XVII of the United 
  States-Panama Air Transport Services Agreement.................   697

                            OTHER DOCUMENTS

Agreement of Certain Activities of the United States of America 
  in the Republic of Panama......................................   697
Agreement Pursuant to Article VI of the Convention on Nature 
  Protection and Wildlife Preservation in the Western Hemisphere.   701
Note Regarding Economic and Military Cooperation.................   703
Exchange of Notes Relating to Air Traffic Control Services.......   704
Note Regarding the Establishment of the Panama Bureau of the 
  United States Foreign Broadcast Information Service............   704
Exchange of Notes Relating to the Gorgas Memorial Institute of 
  Tropical and Preventive Medicine, Incorporated, and to the 
  Gorgas Memorial Laboratory.....................................   705
Exchange of Notes Relating to Scientific Activities in Panama of 
  the Smithsonian Tropical Research Institute....................   707
Exchange of Notes Relating to Custodianship of the Barro Colorado 
  Native Monument by the Smithsonian Tropical Research Institute.   710

             Exchange of Notes Relating to Postal Services

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: I have the honor to confirm our understanding, 
reached during the negotiations of the Panama Canal Treaty, 
that the postal services of the United States Forces and of the 
Republic of Panama shall establish appropriate arrangements 
through the Joint Committee whereby mail being handled by both 
postal systems may be delivered by the Postal Service of the 
Republic of Panama through existing postal facilities in the 
Canal operating areas and housing areas.
  Further, it is understood, with respect to Article X of the 
Agreement in Implementation of Article IV of the Panama Canal 
Treaty, that the Republic of Panama will furnish space in the 
Balboa Post Office (Building 724) and within the area in the 
Cristobal Administration Building (Building 1105) made 
available to the Postal Service System of the Republic of 
Panama, which the United States Forces may use for bulk mail 
sorting and as postal distribution points, under procedures to 
be developed by the Joint Committee.
  If the foregoing is acceptable to you, I have the honor to 
suggest that this note and your reply thereto indicating 
acceptance shall constitute an agreement between our two 
Governments concerning this matter, which will enter into force 
on the date of the entry into force of the Panama Canal Treaty.
  Accept, Excellency, the renewal assurance of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassador at Large of the United States of America.
  Excellency: I have the honor to acknowledge receipt of Your 
Excellency's note of today's date, which reads as follows:

  [There follows Ambassador Bunker's note, quoted in English.]

  I also have the honor to confirm on behalf of my Government 
the foregoing arrangements and to concur that Your Excellency's 
note and this note shall constitute an agreement between our 
two Governments concerning this matter, which shall take effect 
on the date of the entry into force of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my most 
distinguished consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                              ----------                              


   Exchange of Notes Relating to Use of Commissary and Post Exchange 
                               Facilities

                                           Department of State,    
                               Washington, D.C., September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: I have the honor to confirm that with respect to 
Article XII of the Agreement in Implementation of Article III 
of the Panama Canal Treaty, it is understood that immediately 
following the exchange of instruments of ratification, the 
United States Forces will conduct a thorough study of the 
feasibility of accommodating the persons authorized to use 
commissary and post exchange facilities at installations within 
the defense sites and other areas which the Republic of Panama 
permits the United States to use in accordance with the 
Agreement in Implementation of Article IV of the Panama Canal 
Treaty.
  Following the entry into force of that Treaty, the United 
States will take all practicable steps to accommodate such 
persons at facilities within defense sites and such other 
areas. If the United States Forces find that such persons 
cannot practicably be so accommodated, the United States Forces 
may, for the purpose of providing commissary and post exchange 
services, use the installations listed in paragraphs 
1(c)(iii)(A) and 1(e)(iii)(B) of Annex A to the Agreement in 
Implementation of Article III of the Panama Canal Treaty for a 
period of six months following the entry into force of the 
Treaty.
  The Republic of Panama agrees that upon the written request 
of the United States, through the Joint Committee, that six 
month period of use will be extended until such time as the 
United States Forces determine it to be practicable to 
accommodate such persons within the defense sites and such 
other areas. In no event, however, will the total period of 
such use exceed 30 calendar months following the entry into 
force of the Treaty, unless the two Parties otherwise mutually 
agree.
  If the foregoing proposal is acceptable to you, I have the 
honor to suggest that this note and your reply thereto 
indicating acceptance shall constitute an agreement between our 
two Governments concerning this matter, which will enter into 
force on the date of the exchange of ratification of the Panama 
Canal Treaty, and shall become effective on the date of the 
entry into force of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassodor at Large of the United States of America.
  Excellency: I have the honor to acknowledge receipt of Your 
Excellency's note of today's date, which reads as follows:

  [There follows Ambassador Bunker's note, quoted in English.]

  I also have the honor to confirm on behalf of my Government 
the foregoing arrangements and to concur that Your Excellency's 
note and this note shall constitute an agreement between our 
two Governments concerning this matter, which will enter into 
force on the date of the exchange of the instruments of 
ratification of the Panama Canal Treaty, and shall take effect 
on the date of the entry into force of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my most 
distinguished consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                              ----------                              


   Letter Regarding Termination of Article XVII of the United States-
                Panama Air Transport Services Agreement

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Dr. Romulo Escobar Bethancourt,
Chief Negotiator.
  Dear Dr. Escobar: This is to confirm our understanding, 
reached in connection with the negotiation of the Panama Canal 
Treaty, that upon entry into force of that Treaty, Article XVII 
of the United States-Panama Air Transport Services Agreement, 
signed at Panama March 31, 1949, will have no further 
application.
          Sincerely,
                                              Ellsworth Bunker,    
                                               Ambassador at Large.
                              ----------                              


                            OTHER DOCUMENTS

Agreement on Certain Activities of the United States of America in the 
                         Republic of Panama \1\

  Taking account of the Panama Canal Treaty and related 
agreements signed this date by representatives of the United 
States of America and the Republic of Panama, the two 
Governments confirm their understanding that, in addition to 
the activities directly related to the specific purpose of the 
Panama Canal Treaty, the United States may conduct certain 
other activities in the Republic of Panama. Such other 
activities shall be conducted in accordance with the provisions 
of this Agreement.
---------------------------------------------------------------------------
    \1\ TIAS 10039.
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  1. The United States may conduct the following activities in 
the Republic of Panama:
          (a) Tropic testing;
          (b) Telecommunications, meteorological, navigational, 
        and oceanographic activities;
          (c) Activities of the Inter-American Geodetic Survey;
          (d) Humanitarian relief operations, including search 
        and rescue;
          (e) Schooling of Latin American military personnel.
  2. In order to carry out these activities, the United States 
may use installations within defense sites and military areas 
of coordination, and in such other areas of the Republic of 
Panama as may be mutually agreed.
  3. The Agreement in Implementation of Article IV of the 
Panama Canal Treaty shall apply to the conduct of these 
activities in the Republic of Panama, except as otherwise 
provided by arrangements between the two Parties.
          (a) Active duty military personnel of the United 
        States armed services assigned to these activities 
        shall be considered to be ``members of the Forces'' 
        within the meaning of the Agreement in Implementation 
        of Article IV.
          (b) Employees of the United States assigned to these 
        activities who are nationals of the United States to 
        whom United States passports have been issued or who 
        are nationals of third countries who are not habitual 
        residents of the Republic of Panama shall be considered 
        to be ``members of the civilian component'' within the 
        meaning of the Agreement in Implementation of Article 
        IV.
          (c) The spouse and children of persons referred to in 
        sub-paragraphs (a) and (b) above, and other relatives 
        of such persons who depend on them for their 
        subsistence and who habitually live with them under the 
        same roof, shall be considered to be ``dependents'' 
        within the meaning of the Agreement in Implementation 
        of Article IV.
          (d) Military personnel of other Latin American 
        countries assigned to school duty in the Republic of 
        Panama pursuant to paragraph (1)(e) of this Agreement 
        shall be entitled to the privileges authorized under 
        Articles XI and XVIII of the Agreement in 
        Implementation of Article IV.
  4. Changes in the activities listed above may be agreed upon 
by the two Parties through the Joint Committee created by 
Article III of the Agreement in Implementation of Article IV.
  This Agreement shall enter into force simultaneously with the 
entry into force of the Panama Canal Treaty, and expire when 
that Treaty expires; provided, however, that the authority of 
the United States to conduct schooling of Latin American 
military personnel in the United States Army School of the 
Americas shall expire five years after the entry into force of 
the Panama Canal Treaty unless the two Governments otherwise 
agree.

                               attachment

  The following is an illustrative description of the manner in 
which the activities listed in paragraph 1 of the Agreement on 
Certain Activities of the United States in Panama presently 
conducted:

A. Tropic Testing

  1. The United States Army Tropic Test Center (USATTC) plans, 
conducts and reports on tropic environmental phases of 
development tests and provides advice and guidance on tropic 
test and evaluation matters to material developers, material 
producers, other services, and private industry.
  2. Many of the marked climatic, seismic, and biological 
variations which exist in tropical areas of the world are 
represented in Panama, providing a singular geographic area in 
which military hardware can be subjected to tropic 
environmental extremes.
  3. The Center occupies office, barracks, laboratory, 
maintenance and supply building space, and uses outlying test 
facilities consisting of 18,868 acres of real estate. These 
outlying test facilities are: Chiva Chiva test area; Battery 
McKenzie; Firing Point #6, Empire Range; and Gamboa test area. 
The latter area consists of approximately 7500 hectares of land 
located along both sides of the pipeline road from the town 
site of Gamboa to Gatun Lake, bounded approximately by map 
coordinates 410085, 355080, 282198, 310217, 375164, 410110. It 
has been used for developmental tests and for methodology 
studies which provide background for studying the effects of a 
tropic environment on men and materiel. Range areas of the 193d 
Infantry Brigade, Empire Range, Pinas Light Artillery Range and 
Pinas Beach are also used by USATTC.

B. Telecommunications, Meteorological, Navigational, and Oceanographic 
        Activities

  1. Military Affiliate Radio Station (MARS): serves as a 
backup communication capability for the military services. 
Provides morale, health, and welfare communication for military 
services. Has capability to link with MARS affiliates in the 
United States.
  2. USSOUTHCOM Mission Radio Station: provides voice 
communications between USSOUTHCOM elements in Panama and United 
States Military Groups in Central and South America.
  3. Inter-American Military Networks:
          a. The Inter-American Military Network (RECIM) 
        Station.
          b. The Inter-American Telecommunications System for 
        the Air Force (SITFA) Station.
          c. The Inter-American Naval Telecommunications 
        Network (IANTN).
  These United States military stations in three international 
networks provide a rapid means of communications among the 
military services of Latin America on military matters. Most 
Latin American countries operate their own station in each of 
these networks.
  4. United States Navy Timation Station: A Navy satellite 
tracking site sponsored by the Navy Research Laboratory (NRL). 
The tracking station is part of an overall Department of 
Defense program called the NAVSTAR Global Positioning System 
(GPS). The GPS program is directed toward the development and 
ultimate establishment, by the 1980's, of a system of 24 
navigational satellites.
  5. United States Army Atmospheric Sciences Laboratory Team: 
provides meteorological data from Central and South America.
  6. Harbor Survey Assistance Program (HARSAP): a United States 
Naval oceanographic program which assists Western-Hemisphere 
countries to develop a hydrographic capability by conducting 
hydrographic surveys of harbors and waters. Data from these 
surveys are used to produce charts required to support 
Department of Defense and United States Merchant Marine 
operations. Additionally, under HARSAP, a new automated 
hydrographic survey collection and processing system is used to 
supplement in-country HARSAP survey efforts. This new system, 
the Hydrographic Survey and Charting System (HYSURCH), consists 
of a computer processing van, two boats, one officer, six 
enlisted personnel, six civilian engineers and technicians, and 
trainees from the host country.
  7. Foreign Broadcast Information Service: monitors and 
translates into English reports appearing in the foreign public 
media.

C. Inter-American Geodetic Survey (IAGS)

  IAGS is a regional activity, with headquarters for Latin 
American operations located in Panama. It is the nucleus for 
topographical activities conducted by the various Latin 
American nations. An IAGS cartography school is also conducted 
for Latin American students.

D. Humanitarian Relief Operations, Including Search and Rescue

  United States military forces in Panama provide humanitarian 
relief to other Latin American countries in the event of 
natural disasters and to conduct searches for missing vessels 
in the waters of various Latin American nations.

E. Schooling for Latin American Military Personnel

  1. Inter-American Naval Telecommunications Network Training 
Facility: conducts a formal course of instruction for operators 
and technicians of IANTN membership. This facility is supported 
by the IANTN communication assistance team, whose members are 
all bilingual.
  2. The United States Army School of the Americas (USARSA): 
provides professional military training in Spanish for the 
armed forces of 17 Latin American states, accomplished through 
courses based on United States Army doctrine ranging from the 
Command and General Staff College Course, Advanced and Basic 
Officers Courses, and the Cadet Senior-Year Course, to the Non-
Commissioned Officer Leadership Course. In addition to this 
emphasis on professional training, the School of the Americas 
provides specialized training in resources management at the 
national level, small unit tactics, and technical skills. This 
latter type of skill training is responsive to particular needs 
of Latin American states.
  3. Inter-American Air Force Academy (IAFFA): provided 
professional education in Spanish for officers and technical 
training in aeronautical specialties for airmen of all the 
Latin American Republics.
  Technical training in Spanish is provided from the unskilled 
level through the full spectrum of proficiency to the 
supervisory level, including transition training in new weapons 
systems. Approximately five percent of the Academy's 100-member 
instructor corps is composed of guest instructors who assist 
United States Air Force officers and airmen in conducting the 
courses. Specialized transition training is offered in the A/T-
37, C-130, and UH-1H.
  4. Small Craft Instruction and Technical Team (SCIATT): 
provides to the navies of Central America training in the 
operation and maintenance of small size boats.

  Done at Washington, this 7th day of September, 1977, in 
duplicate, in the English and Spanish languages, both texts 
being equally authentic.
  For the United States of America:

                                   Ellsworth Bunker.
                                   Sol. M. Linowitz.

  For the Republic of Panama:
                                   Romulo Escobar Bethancourt.
                                   Aristides Royo.
                              ----------                              


Agreement Pursuant to Article VI of the Convention on Nature Protection 
          and Wildlife Preservation in the Western Hemisphere

  The Governments of the United States of America and the 
Republic of Panama.

  Recalling that both are parties to the Convention on Nature 
Protection and Wildlife Preservation in the Western Hemisphere 
of October 12, 1940;

  Desiring to promote and advance the purposes of that 
Convention;

  Noting that Article VI of the Convention provides that the 
Parties may, when circumstances warrant, enter into agreements 
with one another in order to increase the effectiveness of 
their collaboration to this end;

  Aware of the unique importance to the international 
scientific community of the biological reserve located at Barro 
Colorado Island in Gatun Lake in the Republic of Panama; and

  Considering that the Panama Canal Treaty and related 
agreements signed this date between them make desirable a 
further agreement between them to ensure preservation of this 
biological reserve;

  Have agreed upon the following:

                               Article I

  1. The area known as Barro Colorado Island in Gatun Lake in 
the Republic of Panama is declared to be a Nature Monument as 
defined in Article I of the Convention, to be known as the 
Barro Colorado Nature Monument. Upon the termination of the 
Panama Canal Treaty signed this date, this Nature Monument 
shall also include the adjacent areas known as Orchid and Point 
Salud Islands; Bohio, Buena Vista, and Frijoles Points; and the 
smaller islets adjacent to them. The aforementioned adjacent 
areas shall be made available during the life of the Panama 
Canal Treaty for the purposes of this Agreement, through the 
issuance of land use licenses, as provided for in Article IV of 
the Agreement in Implementation of Article III of the Panama 
Canal Treaty. The Republic of Panama shall issue an appropriate 
land use license or make other arrangements to afford similar 
use of the peninsula immediately south of Maiz Island, which 
upon termination of the Panama Canal Treaty, shall also become 
a part of the aforementioned Nature Monument.
  2. As used hereafter in this Agreement, the term ``Nature 
Monument'' shall refer to the Nature Monument defined in 
paragraph 1 of this Article.

                               Article II

  The Governments pledge themselves to seek, in accordance with 
their respective national legislative processes, such 
legislation by each of them as may be necessary to ensure the 
preservation and protection of the Nature Monument as 
envisioned in the Convention and to take no action which would 
derogate in any way from its protected status, except as 
hereinafter provided.

                              Article III

  The Governments agree to collaborate in use of the Nature 
Monument for the purposes of scientific research and 
investigation, and to assist each other's scientists and 
scientific institutions in carrying out such activities in the 
Nature Monument. The Governments shall agree from time to time 
on such arrangements as may be mutually convenient and 
desirable to facilitate such collaboration.

                               Article IV

  The Governments agree that, consistent with the purposes of 
Article VI of the Convention, they shall make available to all 
the American Republics equally through publication or otherwise 
the scientific knowledge resulting from their cooperative 
efforts to establish and maintain the Nature Monument.

                               Article V

  The Governments, mindful of their mutual interest in the 
efficient operation of the Panama Canal, agree that, in 
executing their responsibilities under the Panama Canal Treaty, 
they shall take account of this Agreement. It is understood 
that use of areas included in the Nature Monument for the 
purpose of maintaining existing facilities relating to the 
operation of the Panama Canal shall not be considered to 
derogate from the protected status of the Nature Monument. In 
the event either Government at any time considers that the 
efficient operation of the Panama Canal necessitates any other 
action materially affecting any part of the Nature Monument, 
the Governments agree to consult promptly and to agree to 
measures necessary for the protection of the overall integrity 
of the Nature Monument and furtherance of the purpose of this 
Agreement.

                               Article VI

  The Governments agree that they shall jointly transmit copies 
of this Agreement to the Inter-American Economic and Social 
Council of the Organization of American States, and shall 
request that the Organization notify the Contracting Parties to 
the Convention of this Agreement.

                              Article VII

  This Agreement shall enter into force simultaneously with the 
entry into force of the Panama Canal Treaty, and shall remain 
in force for ten years and, thereafter, for as long as both 
Governments are parties to the Convention on Nature Protection 
and Wildlife Preservation in the Western Hemisphere.

  Done at Washington, this 7th day of September, 1977, in 
duplicate, in the English and Spanish languages, both texts 
being equally authentic.

  For the United States of America:
                                   Ellsworth Bunker.
                                   Sol M. Linowitz.

  For the Republic of Panama:
                                   Romulo Escobar Bethancourt.
                                   Aristides Royo.
                              ----------                              


            Note Regarding Economic and Military Cooperation

                                           Department of State,    
                                                        Washington.
His Excellency Gabriel Lewis Galindo,
Ambassador of Panama.
  Excellency: I have the honor to refer to our recent 
discussions concerning programs designed to enhance cooperation 
between the United States of America and the Republic of Panama 
in the economic and military spheres. As a result of these 
discussions, I am authorized to inform you that my government 
is prepared to agree, within the limitations of applicable 
United States legislation and subject to compliance with 
applicable legal requirements and, where necessary, to the 
availability of appropriate funds, that:
  The United States Government will consider applications from 
the Republic of Panama for housing investment guarantees with a 
view to approval of specific projects with an aggregate value 
of not to exceed $75 million over a five year period. Approval 
of specific projects shall be subject to conformance with any 
applicable administrative and legislative criteria.
  The Overseas Private Investment Corporation would guarantee 
borrowing of not to exceed $20 million in United States private 
capital by the National Finance Corporation of Panama (COFINA) 
for use in financing productive projects in the private sector 
in Panama, subject to terms and conditions as shall be agreed 
upon by the Overseas Private Investment Corporation and COFINA, 
and approved by the Overseas Private Investment Corporation's 
Board of Directors.
  The Export-Import Bank of the United States is prepared to 
offer a letter of intent to provide loans, loan guarantees, and 
insurance, aggregating not to exceed $200 million over a five 
year period beginning October 1, 1977 and ending September 30, 
1982, for the purpose of financing the U.S. export value of 
sales to Panama. Such financing shall, at the discretion of the 
Board of Directors of the Export-Import Bank, be in the form of 
loans, loan guarantees, or insurance for individual products or 
projects approved by such Board.
  The United States Government will issue repayment guarantees 
under its foreign military sales program in order to facilitate 
the extension of loans to the Government of Panama by eligible 
lenders for the purpose of financing the purchase by the 
Government of Panama of defense articles and defense services. 
The aggregate principal amount of loans guaranteed by the 
United States Government in accordance with this paragraph 
shall not exceed $50 million over a ten year period.
  It is understood that the undertakings of the United States 
provided for herein will enter into force upon the exchange of 
Notes to that effect between our two governments.
  Accept, Excellency, the renewed assurance of my highest 
consideration.
                                                       Cyrus Vance.
                              ----------                              


       Exchange of Notes Relating to Air Traffic Control Services

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: I have the honor to refer to the Panama Canal 
Treaty signed this date by representatives of the United States 
of America and the Republic of Panama. In that connection, my 
Government proposes that negotiations relating to continued air 
traffic control services commence as soon as possible and that 
a definitive arrangement on this subject be concluded prior to 
the exchange of instruments of ratification of the Panama Canal 
Treaty.
  If the foregoing proposal is acceptable to the Government of 
Panama, I shall be grateful to have an affirmative response 
from Your Excellency.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassador at Large of the United States of America.
  Excellency: I have the honor to refer to your note of today's 
date concerning continued air traffic control services, and to 
confirm that my Government agrees to commence negotiations as 
soon as possible and to conclude a definitive arrangement on 
this subject prior to the exchange of instruments of 
ratification of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                              ----------                              


  Note Regarding the Establishment of the Panama Bureau of the United 
              States Foreign Broadcast Information Service

                                           Department of State,    
                                     Washington, September 7, 1977.

  The Department of State of the United States of America has 
the honor to inform the foreign Ministry of the Republic of 
Panama that, upon the entry into force of the Panama Canal 
Treaty, it is the intention of the United States of America to 
establish the Panama Bureau of the United States Foreign 
Broadcast Information Service (FBIS) as an integral part of the 
Embassy of the United States of America in the Republic of 
Panama. The Bureau would form part of the diplomatic mission, 
in a manner similar to that of other agencies of the United 
States Government currently operating in the Republic of 
Panama, under the authority of the United States Ambassador.
  The Foreign Broadcast Information Service is an agency of the 
United States Government with worldwide responsibility for 
monitoring and translating into English available foreign 
public media, including (a) transmissions by major press 
agencies, (b) public radio and television broadcasts, and (c) 
selected articles from newspapers and other publications. These 
translated materials are made available in the United States of 
America and abroad to interested persons in both governmental 
and private sectors. FBIS executes this responsibility from 
fourteen bureaus located in foreign countries, most of which 
are established as integral parts of the United States 
diplomatic missions to those countries.
  The Panama Bureau of FBIS will have responsibility for 
providing this service for an area which includes most 
countries of Central America and northern South America, and a 
part of the African continent. The Bureau Staff currently 
consists of four United States citizen employees (a Bureau 
Chief, a Deputy Chief and two editors) assigned for rotational 
tours of two to four years. There are no locally-hired American 
employees. United States citizen personnel of the Bureau shall 
have the same privileges and immunities, and be subject to the 
same conditions, as other American personnel currently assigned 
to the various agencies forming parts of the Embassy of the 
United States of America in the Republic of Panama. the Bureau 
also currently employs three locally-hired third country 
nationals resident in Panama, and twenty-nine Panamanian 
citizens. FBIS anticipates no perceptible expansion of its 
American or local staff in the foreseeable future.
  At the present time, the Panama Bureau of FBIS is located on 
a single parcel of land, comprising some 320 acres and 
including the Bureau office and the Chiva Chiva radio antenna 
field, located on the Fort Clayton Military Reservation.
                                                              E. B.
                              ----------                              


Exchange of Notes Relating to the Gorgas Memorial Institute of Tropical 
   and Preventive Medicine, Incorporated, and to the Gorgas Memorial 
                               Laboratory

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: I have the honor to refer to the Gorgas Memorial 
Institute of Tropical and Preventive Medicine, Incorporated, 
and its subsidiary, the Gorgas Memorial Laboratory. The 
Institute and Laboratory were established in memory of Dr. 
William C. Gorgas for research on diseases endemic to Central 
America and northern South America. The Institute receives from 
the Government of the United States an annual contribution in 
Dr. Gorgas' memory for the operation and maintenance of the 
Laboratory.
  The Gorgas Memorial Laboratory is established and operates in 
Panama under provisions of Law 15 of October 16, 1930, Law 5 of 
February 5, 1953 and Law 84 of September 20, 1973 of the 
Republic of Panama. The Institute has informed the United 
States of its desire to continue its operations in Panama 
pursuant to the provisions of these laws.
  I refer further to the Panama Canal Treaty and related 
agreements signed this date by representatives of the 
Governments of the United States and Panama, and, in that 
connection, propose that our Governments agree that, subsequent 
to the entry into force of the Treaty, the Gorgas Memorial 
Institute and Laboratory shall continue to enjoy the sole and 
exclusive use, without charge, of the following areas of lands 
and waters, and installations, being used by the Institute and 
Laboratory prior to the entry into force of the Treaty:
  Juan Mina Plantation, approximately 15 acres of land, and one 
multi-purpose building situated thereon, located on the east 
side of the Charges River in the Balboa East District; and 
Building 265, a laboratory building adjacent to the Gorgas 
Hospital, Ancon, and adjacent land.
  It is understood that this arrangement shall continue for an 
initial period of five years, and will be renewed upon request 
at least one year in advance by the Gorgas Memorial Institute.
  I propose further that in the event the Republic of Panama 
establishes any means whereby any legal or natural person other 
than the Government of the Republic of Panama may acquire title 
under the laws of the Republic of Panama to any areas of lands 
and waters, or other real property located thereon, which prior 
to the entry into force of the Panama Canal Treaty formed part 
of the Canal Zone, our Governments agree that the Gorgas 
Memorial Institute shall be permitted by the Republic of Panama 
to acquire title to the above-mentioned areas the use of which 
it enjoys. Such title shall be accorded by the Republic of 
Panama pursuant to an arrangement not less favorable than that 
accorded by the Republic of Panama to any other such legal or 
natural person.
  I propose further that our Governments agree to the issuance 
of a license to the Gorgas Memorial Institute in accordance 
with the procedures set forth in Article IV of the Agreement in 
Implementation of Article III of the Panama Canal Treaty to 
permit the use, without charge, by the Gorgas Memorial 
Laboratory to Abogado and Aojeta Islands, located in Gatun 
Lake, for the purposes of the Laboratory.
  I further propose that our Governments agree that the United 
States may permit the Gorgas Memorial Institute and Laboratory 
to enjoy the privilege of making official purchases for the 
Laboratory's operations in the United States military 
commissaries and exchanges established pursuant to the 
Agreement in Implementation of Article IV of the Panama Canal 
Treaty, and that the United States may provide to the Institute 
and Laboratory for official purposes such other supplies or 
services of the United States Forces or the Panama Canal 
Commission as may be convenient. It is understood that this 
agreement will not extend to personal purchases by individual 
members of the staff and employees of the Gorgas Memorial 
Laboratory, regardless of their nationality.
  If the foregoing proposals relating to the status and 
operations of the Gorgas Memorial Institute and Laboratory are 
acceptable to the Government of the Republic of Panama, I have 
the honor to propose that this note, and Your Excellency's 
affirmative response, shall constitute an agreement between our 
Governments concerning this matter, which will enter into force 
on the date of entry into force of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassador at Large of the United States of America.
  Excellency: I have the honor to acknowledge receipt of Your 
Excellency's note of today's date, which reads as follows:

  [There follows Ambassador Bunker's note, quoted in English.]

  I have the honor to confirm that my Government accepts the 
foregoing proposals, and that Your Excellency's note and this 
note shall constitute an agreement between our two Governments 
which will enter into force on the date of the entry into force 
of the Panama Canal Treaty.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                              ----------                              


 Exchange of Notes Relating to Scientific Activities in Panama of the 
                Smithsonian Tropical Research Institute

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: As you are aware, the Smithsonian Tropical 
Research Institute, a trust instrumentality of the United 
States of America, hereinafter called ``the Institute,'' has, 
for several years, carried out experimental and research 
activities of an exclusively scientific nature in various parts 
of the Republic of Panama. Those activities are described and 
authorized in Contract No. 1, January 5, 1977, signed by Dr. 
Abraham Saied, Minister of Health, and Dr. Ira Rubinoff, 
Director of the Institute. As set forth in the seventh clause 
of the contract, its duration is indefinite, but it may be 
terminated if one of the parties so desires, provided that it 
notify the other one year in advance of the date selected for 
termination.
  Despite the foregoing, it is obvious that the Institute's 
legal situation and the development of its activities will be 
affected by the entry into force of the Panama Canal Treaty and 
related agreements, signed September 7, 1977 by representatives 
of the Republic of Panama and the United States of America. In 
anticipation of that eventuality, I thought it pertinent to 
propose to you, in compliance with precise instructions from my 
Government, that the Republic of Panama and the United States 
of America agree on the Institute's continuation of its 
scientific activities in the Republic of Panama, after entry 
into force of the Panama Canal Treaty and related agreements, 
in accordance with the provisions of the above-mentioned 
contract and in order to achieve the objectives therein set 
forth.
  The agreement which I present to you for consideration would 
remain in effect for five years from the date of the entry into 
force of the Panama Canal Treaty and would be extended 
automatically for 5 year periods until either Government gave 
notice of termination, at least one year before the date of 
automatic extension.
  I consider it advisable to propose to Your Excellency that if 
one of the parties to the contract should wish to terminate it 
on the basis of the seventh clause thereof while the Panama 
Canal Treaty is in force, our Governments agree that, unless 
there is a mutual understanding to replace the contract, the 
contract and the agreement proposed in this note shall remain 
in force.
  It could also be agreed, and I so propose to Your Excellency, 
that, if either party wishes to terminate the aforementioned 
contract after the expiration of the Panama Canal Treaty, our 
Governments shall immediately initiate consultations concerning 
the future legal situation of the Institute and its facilities, 
properties, and personnel in the Republic of Panama, before the 
contract expires.
  With respect to facilities and land and water areas in 
various parts of the Isthmus of Panama listed and described in 
the annex to this note, the use of which has not been granted 
by the Republic of Panama to the United States of America by 
any other means, I propose that they be made available to the 
Institute for its exclusive use. It is understood that this 
agreement will not affect the right of the parties to the 
contract to enter into subsequent agreements on the terms of 
the Institute's utilization of other facilities and land and 
water areas in the Republic of Panama which the latter may 
consider it desirable to make available to the Institute for 
the uses and purposes defined in the contract.
  I wish to propose that our Governments agree that, as long as 
the Panama Canal Treaty remains in force, the United States of 
America may permit the Institute to use any portion of the 
lands and waters, and of the facilities located therein, 
situated within the land and water areas the use of which is 
granted by the Treaty to the United States of America, for 
purposes of the aforementioned contract, subject to terms and 
conditions consistent with the Panama Canal Treaty, as the 
United States of America may define them.
  I further wish to propose to Your Excellency that upon 
cessation, under the Panama Canal Treaty, of the right of the 
United States to use any land and water areas and facilities 
located therein which are being used by the Institute, our 
Governments immediately begin talks intended to reach 
agreements permitting the Institute to continue to use such 
areas of facilities.
  The possibility should be considered, Your Excellency, that 
the Republic of Panama may establish procedures whereby any 
natural or legal person could acquire, in accordance with the 
laws of Panama, title to land and water areas or properties 
located therein which were formerly a part of the territory 
constituting the Panama Canal Zone. I therefore propose to you 
that, such being the case, our Governments agree that the 
Republic of Panama, subject to the applicable laws, shall grant 
the Institute rights, other than real property title, with 
respect to any land and water areas or properties in use by the 
Institute at the time when such procedures are established. 
These rights will be granted by the Republic of Panama by an 
agreement or other means, not less favorable than the most 
favorable granted by the Republic of Panama to any other 
natural or juristic person.
  Finally, Your Excellency, I should like to propose that in 
the event that the Republic of Panama does not establish such 
procedures for transfer of title to land and water areas or 
properties located therein to natural or legal persons other 
than the Government of the Republic of Panama, the two 
Governments agree that the Government of the Republic of Panama 
shall place at the disposal of the Institute, free of cost, the 
use of all areas and facilities referred to in this letter, and 
any others that may be used by the Institute for the purposes 
defined in the aforementioned contract.
  An exception will be made for cases in which the two 
Governments or the parties to the aforementioned contract might 
reach a mutual agreement on other terms.
  If the aforementioned proposals relating to the operation in 
the Republic of Panama of the Smithsonian Tropical Research 
Institute are acceptable to your Government, I should like to 
propose that this note and Your Excellency's affirmative reply 
constitute an agreement between our Governments concerning this 
matter.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                                 annex

  The following facilities and lands and waters shall be made 
available for the continued exclusive use of the Smithsonian 
Tropical Research Institute.
  1. Smithsonian Tropical Research Institute Headquarters, 
shops, administrative offices, cages and laboratories on Gorgas 
Road.
  2. Tivoli Site. Comprises approximately 4.8 acres at the site 
of the former Tivoli Hotel and adjacent Tivoli Kitchen 
structure.
  3. Naos Island. All facilities and areas being used by the 
Smithsonian Tropical Research Institute on the date the Panama 
Canal Treaty enters into force.
  4. Flamenco Island. All facilities and areas being used by 
the Smithsonian Tropical Research Institute on the date the 
Panama Canal Treaty enters in force.
  5. Pipeline Road Reserve. Approximately 37 acres of land near 
Pipeline Road at coordinates PA 391116 (Sheet 4243 II, Gamboa).

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassador at Large of the United States of America.
  Excellency: I have the honor to refer to Your Excellency's 
note of today's date concerning the activities of the 
Smithsonian Tropical Research Institute in the Republic of 
Panama, which reads as follows:

  [There follows Ambassador Bunker's note, quoted in English.]

  I have the honor to confirm the acceptance by my Government 
of the proposals contained in this note and its agreement that 
your note and this reply shall constitute an agreement between 
our two Governments.
  Accept, Excellency, the renewed assurance of my highest 
consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                              ----------                              


   Exchange of Notes Relating to Custodianship of the Barro Colorado 
   Native Monument by the Smithsonian Tropical Research Institute \2\

                                           Department of State,    
                                     Washington, September 7, 1977.
His Excellency Romulo Escobar Bethancourt,
Chief Negotiator.
  Excellency: I have the honor to refer to the Agreement 
pursuant to Article VI of the Convention on Nature Protection 
and Wildlife Preservation in the Western Hemisphere, and to the 
Panama Canal Treaty and related agreements signed on September 
7, 1977 by representatives of the United States of America and 
the Republic of Panama. Article III of the Agreement relating 
to the Convention on Nature Protection provides that our 
Governments may agree from time to time on such arrangements as 
may be mutually convenient and desirable to facilitate their 
collaboration in the use of the Barro Colorado Nature Monument 
for the purposes of scientific research and investigation.
---------------------------------------------------------------------------
    \2\ TIAS 10036.
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  I consider it desirable within the spirit of the 
aforementioned Convention and for the purposes of the Agreement 
based thereon that our Governments agree that the Smithsonian 
Tropical Research Institute (STRI), a trust instrumentality of 
the United States of America, which I shall hereinafter call 
the Institute, be designated by both Governments as custodian 
of the Barro Colorado Nature Monument. I propose that our 
Governments further agree that the Institute shall, during the 
period of its custodianship, have sole responsibility to act on 
behalf of our Governments in authorizing use of the Nature 
Monument for the purposes of scientific research and 
investigation and for its protection as envisaged in the 
aforementioned Convention and our Agreement based thereon. In 
the event that one of the Parties should attempt to take any 
action related to the efficient operation of the Panama Canal 
as provided for in Article V of our Agreement, I propose that 
the Institute, as custodian, be advised in advance and invited 
to comment on the potential impact of such action on the 
overall integrity of the Nature Monument.
  I consider it desirable and to that end I propose to Your 
Excellency that, during the period of its custodianship, the 
Institute be authorized to employ scientific and support staff, 
to include game wardens, as necessary to enforce such laws and 
regulations as may apply to the protection of the Nature 
Monument. Persons violating the integrity of the Nature 
Monument contrary to the provisions of such laws or regulations 
shall be promptly delivered to the authorities of the Republic 
of Panama by game wardens employed by the Institute for 
appropriate action under the laws of the Republic of Panama.
  I further consider it desirable and I therefore propose to 
Your Excellency that our Governments agree to designate the 
Institute as custodian for the Barro Colorado Nature Monument 
for an initial period of five years, to be extended for 
additional 5-year periods upon request by the Institute at 
least one year in advance of the date of expiration of the 
period, or until such time as our Governments may mutually 
agree on other understandings for the administration of the 
Nature Monument. If, subsequent to the termination of the 
Panama Canal Treaty, the Republic of Panama should desire to 
terminate the custodianship of the Institute of the Nature 
Monument, I consider it desirable and I therefore propose that 
our Governments agree that the decision take effect one year 
after the day on which the Republic of Panama shall inform the 
United States of this intent.
  If the foregoing understanding proposed for custodianship of 
the Barro Colorado Nature Monument by STRI are acceptable to 
the Government of the Republic of Panama, I propose that this 
note and Your Excellency's affirmative response constitute an 
agreement between our Governments concerning this matter.
  Accept, Excellency, the renewed assurance of my highest 
consideration.
  For the Secretary of State:
                                              Ellsworth Bunker,    
                                               Ambassador at Large.

                             [Translation]

                                             Embassy of Panama,    
                               Washington, D.C., September 7, 1977.
His Excellency Ellsworth Bunker,
Ambassador at Large of the United States of America.
  Excellency: I have the honor to refer to Your Excellency's 
note of today's date concerning the designation of the 
Smithsonian Tropical Research Institute as custodian of the 
Barro Colorado Nature Monument, which reads as follows:

  [There follows Ambassador Bunker's note, quoted in English.]

  I have the honor to confirm that my Government accepts the 
understanding set forth in Your Excellency's note, and that 
your note and this note in reply shall constitute an agreement 
between our two Governments.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
                                             Romulo Escobar B.,    
                                                  Chief Negotiator.
                           2. North Atlantic

                      a. North Atlantic Treaty \1\

   Signed at Washington, April 4, 1949; Ratification advised by the 
   Senate, July 21, 1949; Ratified by the President, July 25, 1949; 
Proclaimed by the President and entered into force, August 24, 1949; as 
                     amended February 15, 1952 \2\

  The Parties to this Treaty reaffirm their faith in the 
purposes and principles of the Charter of the United Nations 
and their desire to live in peace with all peoples and all 
governments.
---------------------------------------------------------------------------
    \1\ 63 Stat. 2241; TIAS 1964; 4 Bevans 828; 34 UNTS 243. For a list 
of states that are parties to the Treaty, see Department of State 
publication, Treaties in Force.
    \2\ 3 UST 43; TIAS 2390; 126 UNTS 350. Protocol to the North 
Atlantic Treaty on the accession of Greece and Turkey which was done at 
London October 17, 1951; ratification advised by the Senate of the 
United States of America February 7, 1952; ratified by the President of 
the United States of America February 11, 1952; proclaimed by the 
President of the United States of America March 4, 1952; entered into 
force February 15, 1952.
---------------------------------------------------------------------------
  They are determined to safeguard the freedom, common heritage 
and civilization of their peoples, founded on the principles of 
democracy, individual liberty and the rule of law.
  They seek to promote stability and well-being in the North 
Atlantic area.
  They are resolved to unite their efforts for collective 
defense and for the preservation of peace and security.
  They therefore agree to this North Atlantic Treaty:

                               Article 1

  The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international disputes in which 
they may be involved by peaceful means in such a manner that 
international peace and security, and justice, are not 
endangered, and to refrain in their international relations 
from the threat or use of force in any manner inconsistent with 
the purposes of the United Nations.

                               Article 2

  The Parties will contribute toward the further development of 
peaceful and friendly international relations by strengthening 
their free institutions, by bringing about a letter 
understanding of the principles upon which these institutions 
are founded, and by promoting conditions of stability and well-
being. They will seek to eliminate conflict in their 
international economic policies and will encourage economic 
collaboration between any or all of them.

                               Article 3

  In order more effectively to achieve the objectives of this 
Treaty, the Parties, separately and jointly, by means of 
continuous and effective self-help and mutual aid, will 
maintain and develop their individual and collective capacity 
to resist armed attack.

                               Article 4

  The Parties will consult together whenever, in the opinion of 
any of them, the territorial integrity, political independence 
or security of any of the Parties is threatened.

                               Article 5

  The Parties agree that an armed attack against one or more of 
them in Europe or North America shall be considered an attack 
against them all; and consequently they agree that, if such an 
armed attack occurs, each of them, in exercise of the right of 
individual or collective self-defense recognized by Article 51 
of the Charter of the United Nations, will assist the Party or 
Parties so attacked by taking forthwith, individually and in 
concert with the other Parties, such action as it deems 
necessary, including the use of armed force, to restore and 
maintain the security of the North Atlantic area.
  Any such armed attack and all measures taken as a result 
thereof shall immediately be reported to the Security Council. 
Such measures shall be terminated when the Security Council has 
taken the measures necessary to restore and maintain 
international peace and security.

                             Article 6 \3\

  For the purpose of Article 5, an armed attack on one or more 
of the Parties is deemed to include an armed attack--
---------------------------------------------------------------------------
    \3\ As modified by the Protocol on the Accession of Greece and 
Turkey, which entered into force February 15, 1952. The Article 
originally read as follows:
---------------------------------------------------------------------------

``Article 6
---------------------------------------------------------------------------

    ``For the purpose of Article 5 an armed attack on one or more of 
the Parties is deemed to include an armed attack on the territory of 
any of the Parties in Europe or North America, on the Algerian 
Departments of France, on the occupation forces of any Party in Europe, 
on the islands under the jurisdiction of any Party in the North 
Atlantic area north of the Tropic of Cancer or on the vessels or 
aircraft in this area of any of the Parties.''.
---------------------------------------------------------------------------
          (i) on the territory of any of the Parties in Europe 
        or North America, on the Algerian Departments of 
        France, on the territory of Turkey or the islands under 
        the jurisdiction of any of the Parties in the North 
        Atlantic area north of the Tropic of Cancer;
          (ii) on the forces, vessels or aircraft of any of the 
        Parties, when in or over these territories or any other 
        area in Europe in which occupation forces of any of the 
        Parties were stationed on the date when the Treaty 
        entered into force or the Mediterranean Sea or the 
        North Atlantic area north of the Tropic of Cancer.

                               Article 7

  The Treaty does not affect, and shall not be interpreted as 
affecting in any way the rights and obligations under the 
Charter of the Parties which are members of the United Nations, 
or the primary responsibility of the Security Council for the 
maintenance of international peace and security.

                               Article 8

  Each Party declares that none of the international 
engagements now in force between it and any other of the 
Parties or any third state is in conflict with the provisions 
of this Treaty, and undertakes not to enter into any 
international engagements in conflict with this Treaty.

                               Article 9

  The Parties hereby establish a council, on which each of them 
shall be represented, to consider matters concerning the 
implementation of this Treaty. The council shall be so 
organized as to be able to meet promptly at any time. The 
council shall set up such subsidiary bodies as may be 
necessary; in particular it shall establish immediately a 
defense committee which shall recommend measures for the 
implementation of Articles 3 and 5.

                               Article 10

  The Parties may, by unanimous agreement, invite any other 
European state in a position to further the principles of this 
Treaty and to contribute to the security of the North Atlantic 
area to accede to this Treaty. Any state so invited may become 
a party to the Treaty by depositing its instrument of accession 
with the Government of the United States of America. The 
Government of the United States of America will inform each of 
the Parties of the deposit of each such instrument of 
accession.

                               Article 11

  This Treaty shall be ratified and its provisions carried out 
by the Parties in accordance with their respective 
constitutional processes. The instruments of ratification shall 
be deposited as soon as possible with the Government of the 
United States of America, which will notify all the other 
signatories of each deposit. The Treaty shall enter into force 
between the states which have ratified it as soon as the 
ratification of the majority of the signatories, including the 
ratifications of Belgium, Canada, France, Luxembourg, the 
Netherlands, the United Kingdom and the United States, have 
been deposited and shall come into effect with respect to other 
states on the date of deposit of their ratifications.

                               Article 12

  After the Treaty has been in force for ten years, or at any 
time thereafter, the Parties shall, if any of them so requests, 
consult together for the purpose of reviewing the Treaty, 
having regard for the factors then affecting peace and security 
in the North Atlantic area, including the development of 
universal as well as regional arrangements under the Charter of 
the United Nations for the maintenance of international peace 
and security.

                               Article 13

  After the Treaty has been in force for twenty years, any 
Party may cease to be a party one year after its notice of 
denunciation has been given to the Government of the United 
States of America, which will inform the Governments of the 
other Parties of the deposit of each notice of denunciation.

                               Article 14

  This Treaty, of which the English and French texts are 
equally authentic, shall be deposited in the Archives of the 
Government of the United States of America. Duly certified 
copies thereof will be transmitted by that Government to the 
Governments of the other signatories.

    In witness whereof, the undersigned Plenipotentiaries have 
signed this Treaty.

    Done at Washington, the fourth day of April, 1949.
b. Protocol to the North Atlantic Treaty on the Accession of Greece and 
                               Turkey \1\

 Done at London, October 17, 1951; Ratification advised by the Senate, 
February 7, 1952; Ratified by the President, February 11, 1952; Entered 
 into force, February 15, 1952; Proclaimed by the President, March 4, 
                                  1952

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949
---------------------------------------------------------------------------
    \1\ 3 UST 43; TIAS 2390; 126 UNTS 350.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Kingdom of Greece 
and the Republic of Turkey to that Treaty, agree as follows:

                               Article 1

    Upon the entry into force of this Protocol, the Government 
of the United States of America shall, on behalf of all the 
Parties, communicate to the Government of the Kingdom of Greece 
and the Government of the Republic of Turkey an invitation to 
accede to the North Atlantic Treaty, as it may be modified by 
Article 2 of the present Protocol. Thereafter the Kingdom of 
Greece and the Republic of Turkey shall each become a Party on 
the date when it deposits its instruments of accession with the 
Government of the United States of America in accordance with 
Article 10 of the Treaty.

                               Article 2

    If the Republic of Turkey becomes a Party to the North 
Atlantic Treaty, Article 6 of the Treaty shall, as from the 
date of the deposit by the Government of the Republic of Turkey 
of its instruments of accession with the Government of the 
United States of America, be modified to read as follows:
    For the purpose of Article 5, an armed attack on one or 
more of the Parties is deemed to include an armed attack:
          1. on the territory of any of the Parties in Europe 
        or North America, on the Algerian Departments of 
        France, on the territory of Turkey or on the islands 
        under the jurisdiction of any of the Parties in the 
        North Atlantic area north of the Tropic of Cancer;
          2. on the forces, vessels, or aircraft of any of the 
        Parties, when in or over these territories or any other 
        area in Europe in which occupation forces of any of the 
        Parties were stationed on the date when the Treaty 
        entered into force or the Mediterranean Sea or the 
        North Atlantic area north of the Tropic of Cancer.

                               Article 3

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of the receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                               Article 4

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
   c. Protocol to the North Atlantic Treaty on the Accession of the 
                    Federal Republic of Germany \1\

 Signed at Paris, October 23, 1954; Entered into force for the United 
                          States, May 5, 1955

    The Parties to the North Atlantic Treaty signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ 6 UST 5707; TIAS 3428; 243 UNTS 308.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Federal Republic 
of Germany to that Treaty, and Having noted that the Federal 
Republic of Germany has, by a declaration dated October 3, 
1954, accepted the obligations set forth in Article 2 of the 
Charter of the United Nations and has undertaken upon its 
accession to the North Atlantic Treaty to refrain from any 
action inconsistent with the strictly defensive character of 
that Treaty, and
    Having further noted that all member governments have 
associated themselves with the declaration also made on October 
3, 1954, by the Governments of the United States of America, 
the United Kingdom of Great Britain and Northern Ireland and 
the French Republic in connection with the aforesaid 
declaration of the Federal Republic of Germany, Agree as 
follows:

                               Article 1

    Upon the entry into force of the present Protocol, the 
Government of the United States of America shall on behalf of 
all the Parties communicate to the Government of the Federal 
Republic of Germany an invitation to accede to the North 
Atlantic Treaty. Thereafter the Federal Republic of Germany 
shall become a Party to that Treaty on the date when it 
deposits its instruments of accession with the Government of 
the United States of America in accordance with Article 10 of 
the Treaty.

                               Article 2

    The present Protocol shall enter into force, when
          1. each of the Parties to the North Atlantic Treaty 
        has notified to the Government of the United States of 
        America its acceptance thereof,
          2. all instruments of ratification of the Protocol 
        modifying and completing the Brussels Treaty have been 
        deposited with the Belgian Government, and
          3. all instruments of ratification or approval of the 
        Convention on the Presence of Foreign Forces in the 
        Federal Republic of Germany have been deposited with 
        the Government of the Federal Republic of Germany.
    The Government of the United States of America shall inform 
the other Parties to the North Atlantic Treaty of the date of 
the receipt of each notification of acceptance of the present 
Protocol and of the date of the entry into force of the present 
Protocol.

                               Article 3

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of the other Parties to the North Atlantic Treaty.
 d. Protocol to the North Atlantic Treaty on the Accession of Spain \1\

  Signed at Brussels, December 10, 1981; Ratification advised by the 
   Senate, March 16, 1982; Ratified by the President, April 1, 1982; 
                    Entered into force, May 29, 1982

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ TIAS 10564.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Kingdom of Spain 
to that Treaty,
    Agree as follows: 

                               Article 1

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organization shall, on 
behalf of all the Parties, communicate to the Government of the 
Kingdom of Spain an invitation to accede to the North Atlantic 
Treaty. In accordance with Article 10 of the Treaty, the 
Kingdom of Spain shall become a Party on the date when it 
deposits its instrument of accession with the Government of the 
United States of America.

                               Article 2

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                               Article 3

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
e. Protocol to the North Atlantic Treaty on the Accession of the Czech 
                              Republic \1\

  Signed at Brussels, December 16, 1997; Ratification advised by the 
      Senate, April 30, 1998; Entered into force, December 4, 1998

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 105-36.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Czech Republic to 
that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organization shall, on 
behalf of all the Parties, communicate to the Government of the 
Czech Republic an invitation to accede to the North Atlantic 
Treaty. In accordance with article 10 of the Treaty, the Czech 
Republic shall become a Party on the date when it deposits its 
instrument of accession with the Government of the United 
States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
 f. Protocol to the North Atlantic Treaty on the Accession of Hungary 
                                  \1\

  Signed at Brussels, December 16, 1997; Ratification advised by the 
      Senate, April 30, 1998; Entered into force, December 4, 1998

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 105-36.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Hungary to that Treaty,
    Agree as follows :

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organization shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Hungary an invitation to accede to the North 
Atlantic Treaty. In accordance with article 10 of the Treaty, 
the Republic of Hungary shall become a Party on the date when 
it deposits its instrument of accession with the Government of 
the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
g. Protocol to the North Atlantic Treaty on the Accession of Poland \1\

  Signed at Brussels, December 16, 1997; Ratification advised by the 
      Senate, April 30, 1998; Entered into force, December 4, 1998

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 105-36.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Poland to that Treaty,
    Agree as follows :

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organization shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Poland an invitation to accede to the North 
Atlantic Treaty. In accordance with article 10 of the Treaty, 
the Republic of Poland shall become a Party on the date when it 
deposits its instrument of accession with the Government of the 
United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
 h. Protocol to the North Atlantic Treaty on the Accession of Bulgaria 
                                  \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Bulgaria to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Bulgaria an invitation to accede to the North 
Atlantic Treaty. In accordance with Article 10 of the Treaty, 
the Republic of Bulgaria shall become a Party on the date when 
it deposits its instrument of accession with the Government of 
the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
 i. Protocol to the North Atlantic Treaty on the Accession of Estonia 
                                  \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Estonia to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Estonia an invitation to accede to the North 
Atlantic Treaty. In accordance with Article 10 of the Treaty, 
the Republic of Estonia shall become a Party on the date when 
it deposits its instrument of accession with the Government of 
the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
j. Protocol to the North Atlantic Treaty on the Accession of Latvia \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Latvia to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Latvia an invitation to accede to the North 
Atlantic Treaty. In accordance with Article 10 of the Treaty, 
the Republic of Latvia shall become a Party on the date when it 
deposits its instrument of accession with the Government of the 
United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
k. Protocol to the North Atlantic Treaty on the Accession of Lithuania 
                                  \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Lithuania to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Lithuania an invitation to accede to the North 
Atlantic Treaty. In accordance with Article 10 of the Treaty, 
the Republic of Lithuania shall become a Party on the date when 
it deposits its instrument of accession with the Government of 
the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
 l. Protocol to the North Atlantic Treaty on the Accession of Romania 
                                  \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of Romania to that 
Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of 
Romania an invitation to accede to the North Atlantic Treaty. 
In accordance with Article 10 of the Treaty, Romania shall 
become a Party on the date when it deposits its instrument of 
accession with the Government of the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
m. Protocol to the North Atlantic Treaty on the Accession of the Slovak 
                              Republic \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Slovak Republic 
to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Slovak Republic an invitation to accede to the North Atlantic 
Treaty. In accordance with Article 10 of the Treaty, the Slovak 
Republic shall become a Party on the date when it deposits its 
instrument of accession with the Government of the United 
States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
 n. Protocol to the North Atlantic Treaty on the Accession of Slovenia 
                                  \1\

Signed at Brussels, March 26, 2003; Ratification advised by the Senate, 
           May 8, 2003; Entered into force, February 27, 2004

    The Parties to the North Atlantic Treaty, signed at 
Washington on April 4, 1949,
---------------------------------------------------------------------------
    \1\ Treaty Doc. 108-4.
---------------------------------------------------------------------------
    Being satisfied that the security of the North Atlantic 
area will be enhanced by the accession of the Republic of 
Slovenia to that Treaty,
    Agree as follows:

                               Article I

    Upon the entry into force of this Protocol, the Secretary 
General of the North Atlantic Treaty Organisation shall, on 
behalf of all the Parties, communicate to the Government of the 
Republic of Slovenia an invitation to accede to the North 
Atlantic Treaty. In accordance with Article 10 of the Treaty, 
the Republic of Slovenia shall become a Party on the date when 
it deposits its instrument of accession with the Government of 
the United States of America.

                               Article II

    The present Protocol shall enter into force when each of 
the Parties to the North Atlantic Treaty has notified the 
Government of the United States of America of its acceptance 
thereof. The Government of the United States of America shall 
inform all the Parties to the North Atlantic Treaty of the date 
of receipt of each such notification and of the date of the 
entry into force of the present Protocol.

                              Article III

    The present Protocol, of which the English and French texts 
are equally authentic, shall be deposited in the Archives of 
the Government of the United States of America. Duly certified 
copies thereof shall be transmitted by that Government to the 
Governments of all the Parties to the North Atlantic Treaty.
   o. Treaty on the Final Settlement with Respect to Germany and Its 
                       Related Agreed Minute \1\

   Signed by the United States, the Federal Republic of Germany, the 
 German Democratic Republic, the French Republic, the Union of Soviet 
   Socialist Republics, and the United Kingdom of Great Britain and 
Northern Ireland in Moscow, September 12, 1990; Ratification advised in 
  the Federal Republic of Germany and the German Democratic Republic, 
     September 20, 1990; Declaration suspending the occupation of 
 quadripartite rights and responsibilities signed at New York, October 
 1, 1990; Entered into force, October 3, 1990; Ratification advised by 
 the Senate, October 10, 1990; Ratified by the President, October 18, 
 1990; U.S.S.R. ratified on March 4, 1991; Instruments of ratification 
            deposited and entered into force, March 15, 1991

    The Federal Republic of Germany, the German Democratic 
Republic, the French Republic, the Union of Soviet Socialist 
Republics, the United Kingdom of Great Britain and Northern 
Ireland and the United States of America,
---------------------------------------------------------------------------
    \1\ 1686 UNTS 115.

  Conscious of the fact that their peoples have been living 
---------------------------------------------------------------------------
together in peace since 1945;

  Mindful of the recent historic changes in Europe which make 
it possible to overcome the division of the continent;

  Having regard to the rights and responsibilities of the Four 
Powers relating to Berlin and to Germany as a whole, and the 
corresponding wartime and post-war agreements and decisions of 
the Four Powers;

  Resolved, in accordance with their obligations under the 
Charter of the United Nations to develop friendly relations 
among nations based on respect for the principle of equal 
rights and self-determination of peoples, and to take other 
appropriate measures to strengthen universal peace;

  Recalling the principles of the Final Act of the Conference 
on Security and Cooperation in Europe, signed in Helsinki;

  Recognizing that those principles have laid firm foundations 
for the establishment of a just and lasting peaceful order in 
Europe;

  Determined to take account of everyone's security interests;

   Convinced of the need finally to overcome antagonism and to 
develop cooperation in Europe;

  Confirming their readiness to reinforce security, in 
particular by adopting effective arms control, disarmament and 
confidence-building measures; their willingness not to regard 
each other as adversaries but to work for a relationship of 
trust and cooperation; and accordingly their readiness to 
consider positively setting up appropriate institutional 
arrangements within the framework of the Conference on Security 
and Cooperation in Europe;

  Welcoming the fact that the German people, freely exercising 
their right of self-determination, have expressed their will to 
bring about the unity of Germany as a state so that they will 
be able to serve the peace of the world as an equal and 
sovereign partner in a united Europe;

  Convinced that the unification of Germany as a state with 
definitive borders is a significant contribution to peace and 
stability in Europe;

  Intending to conclude the final settlement with respect to 
Germany;

  Recognizing that thereby, and with the unification of Germany 
as a democratic and peaceful state, the rights and 
responsibilities of the Four Powers relating to Berlin and to 
Germany as a whole lose their function;

  Represented by their Ministers for Foreign Affairs who, in 
accordance with the Ottawa Declaration of 13 February 1990, met 
in Bonn on 5 May 1990, in Berlin on 22 June 1990, in Paris on 
17 July 1990 with the participation of the Minister for Foreign 
Affairs of the Republic of Poland, and in Moscow on 12 
September 1990;

  Have agreed as follows:

                               article 1

    (1) The united Germany shall comprise the territory of the 
Federal Republic of Germany, the German Democratic Republic and 
the whole of Berlin. Its external borders shall be the borders 
of the Federal Republic of Germany and the German Democratic 
Republic and shall be definitive from the date on which the 
present Treaty comes into force. The confirmation of the 
definitive nature of the borders of the united Germany is an 
essential element of the peaceful order in Europe.
    (2) The united Germany and the Republic of Poland shall 
confirm the existing border between them in a treaty that is 
binding under international law.
    (3) The united Germany has no territorial claims whatsoever 
against other states and shall not assert any in the future.
    (4) The Governments of the Federal Republic of Germany and 
the German Democratic Republic shall ensure that the 
constitution of the united Germany does not contain any 
provision incompatible with these principles. This applies 
accordingly to the provisions laid down in the preamble, the 
second sentence of Article 23, and Article 146 of the Basic Law 
for the Federal Republic of Germany.
    (5) The Governments of the French Republic, the Union of 
Soviet Socialist Republics, the United Kingdom of Great Britain 
and Northern Ireland and the United States of America take 
formal note of the corresponding commitments and declarations 
by the Governments of the Federal Republic of Germany and the 
German Democratic Republic and declare that their 
implementation will confirm the definitive nature of the united 
Germany's borders.

                               article 2

    The Governments of the Federal Republic of Germany and the 
German Democratic Republic reaffirm their declarations that 
only peace will emanate from German soil. According to the 
constitution of the united Germany, acts tending to and 
undertaken with the intent to disturb the peaceful relations 
between nations, especially to prepare for aggressive war, are 
unconstitutional and a punishable offence. The Governments of 
the Federal Republic of Germany and the German Democratic 
Republic declare that the united Germany will never employ any 
of its weapons except in accordance with its constitution and 
the Charter of the United States.

                               article 3

    (1) The Governments of the Federal Republic of Germany and 
the German Democratic Republic reaffirm their renunciation of 
the manufacture and possession of and control over nuclear, 
biological and chemical weapons. They declare that the united 
Germany, too, will abide by these commitments. In particular, 
rights and obligations arising from the Treaty on the Non-
Proliferation of Nuclear Weapons of 1 July 1968 will continue 
to apply to the united Germany.
    (2) The Government of the Federal Republic of Germany, 
acting in full agreement with the Government of the German 
Democratic Republic, made the following statement on 30 August 
1990 in Vienna at the Negotiations on Conventional Armed Forces 
in Europe:
          The Government of the Federal Republic of Germany 
        undertakes to reduce the personnel strength of the 
        armed forces of the united Germany to 370,000 (ground, 
        air and naval forces) within three to four years. This 
        reduction will commence on the entry into force of the 
        first CFE agreement. Within the scope of this overall 
        ceiling no more than 345,000 will belong to the ground 
        and air forces which, pursuant to the agreed mandate, 
        alone are the subject to the Negotiations on 
        Conventional Armed Forces in Europe. The Federal 
        Government regards its commitment to reduce ground and 
        air forces as a significant German contribution to the 
        reduction of conventional armed forces in Europe. It 
        assumes that in follow-on negotiations the other 
        participants in the negotiations, too, will render 
        their contribution to enhancing security and stability 
        in Europe, including measures to limit personnel 
        strengths. The Government of the German Democratic 
        Republic has expressly associated itself with this 
        statement.
    (3) The Governments of the French Republic, the Union of 
Soviet Socialist Republics, the United Kingdom of Great Britain 
and Northern Ireland and the United States of America take note 
of these statements by the Governments of the Federal Republic 
of Germany and the German Democratic Republic.

                               article 4

    (1) The Governments of the Federal Republic of Germany, the 
German Democratic Republic and the Union of Soviet Socialist 
Republics state that the united Germany and the Union of Soviet 
Socialist Republics will settle by treaty the conditions for 
and the duration of the presence of Soviet armed forces on the 
territory of the present German Democratic Republic and of 
Berlin, as well as the conduct of the withdrawal of these armed 
forces which will be completed by the end of 1994, in 
connection with the implementation of the undertaking of the 
Federal Republic of Germany and the German Democratic Republic 
referred to in paragraph 2 of Article 3 of the present Treaty.
    (2) The Governments of the French Republic, the United 
Kingdom of Great Britain and Northern Ireland and the United 
States of America take note of this statement.

                               article 5

    (1) Until the completion of the withdrawal of the Soviet 
armed forces for the territory of the present German Democratic 
Republic and of Berlin in accordance with Article 4 of the 
present Treaty, only German territorial defence units which are 
not integrated into the alliance structures to which German 
armed forces in the rest of German territory are assigned will 
be stationed in that territory as armed forces of the united 
Germany. During that period and subject to the provisions of 
paragraph 2 of this Article, armed forces of other states will 
not be stationed in that territory or carry out any other 
military activity there.
    (2) For the duration of the presence of Soviet armed forces 
in the territory of the present German Democratic Republic and 
of Berlin, armed forces of the French Republic, the United 
Kingdom of Great Britain and Northern Ireland and the United 
States of America will, upon German request, remain stationed 
in Berlin by agreement to this effect between the Government of 
the united Germany and the Governments of the states concerned. 
The number of troops and the amount of equipment of all non-
German armed forces stationed in Berlin will not be greater 
than at the time of signature of the present Treaty. New 
categories of weapons will not be introduced there by non-
German armed forces. The Government of the united Germany will 
conclude with the Governments of those states which have armed 
forces stationed in Berlin treaties with conditions which are 
fair taking account of the relations existing with the states 
concerned.
    (3) Following the completion of the withdrawal of the 
Soviet armed forces from the territory of the present German 
Democratic Republic and of Berlin, units of German armed forces 
assigned to military alliance structures in the same way as 
those in the rest of German territory may also be stationed in 
that part of Germany, but without nuclear weapon carriers. This 
does not apply to conventional weapon systems which may have 
other capabilities in addition to conventional ones but which 
in that part of Germany are equipped for a conventional role 
and designated only for such. Foreign armed forces and nuclear 
weapons or their carriers will not be stationed in that part of 
Germany or deployed there.

                               article 6

    The right of the united Germany to belong to alliances, 
with all the rights and responsibilities arising therefrom, 
shall not be affected by the present Treaty.

                               article 7

    (1) The French Republic, the Union of Soviet Socialist 
Republics, the United Kingdom of Great Britain and Northern 
Ireland and the United States of America hereby terminate their 
rights and responsibilities relating to Berlin and to Germany 
as a whole. As a result, the corresponding, related 
quadripartite agreements, decisions and practices are 
terminated and all related Four Power institutions are 
dissolved.
    (2) The United Germany shall have accordingly full 
sovereignty over its internal and external affairs.

                               article 8

    (1) The present Treaty is subject to ratification or 
acceptance as soon as possible. On the German side it will be 
ratified by the united Germany. The Treaty will therefore apply 
to the united Germany.
    (2) The instruments of ratification or acceptance shall be 
deposited with the Government of the united Germany. That 
Government shall inform the Governments of the other 
Contracting Parties of the deposit of each instrument of 
ratification or acceptance.

                               article 9

    The present Treaty shall enter into force for the united 
Germany, the French Republic, the Union of Soviet Socialist 
Republics, the United Kingdom of Great Britain and Northern 
Ireland and the United States of America on the date of deposit 
of the last instrument of ratification or acceptance by these 
states.

                               article 10

    The original of the present Treaty, of which the English, 
French, German and Russian texts are equally authentic, shall 
be deposited with the Government of the Federal Republic of 
Germany, which shall transmit certified true copies to the 
Governments of the other Contracting Parties.
                              ----------                              


  Agreed Minute to the Treaty on the Final Settlement With Respect to 
                      Germany of 12 September 1990

    Any questions with respect to the application of the word 
``deployed'' as used in the last sentence of paragraph 3 of 
Article 5 will be decided by the Government of the united 
Germany in a reasonable and responsible way taking into account 
the security interests of each Contracting Party as set forth 
in the preamble.
 3. Security Treaty Between Australia, New Zealand,\1\ and the United 
                   States of America (ANZUS Pact) \2\

Signed at San Francisco, September 1, 1951; Ratification advised by the 
  Senate, March 20, 1952; Ratified by the President, April 15, 1952; 
  Ratification of the United States deposited with the Government of 
 Australia at Canberra, April 29, 1952; Entered into force, April 29, 
             1952; Proclaimed by the President, May 9, 1952

  Ratified by Australia, New Zealand, and the United States of America

  The Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ As of September 17, 1986, the United States has suspended 
obligations under this treaty between the United States and New 
Zealand.
    \2\ 3 UST 3420; TIAS 2493; 131 UNTS 83.

  Reaffirming their faith in the purposes and principles of the 
Charter of the United Nations and their desire to live in peace 
with all peoples and all Governments, and desiring to 
---------------------------------------------------------------------------
strengthen the fabric of peace in the Pacific Area,

  Noting that the United States already has arrangements 
pursuant to which its armed forces are stationed in the 
Philippines, and has armed forces and administrative 
responsibilities in the Ryukyus, and upon the coming into force 
of the Japanese Peace Treaty may also station armed forces in 
and about Japan to assist in the preservation of peace and 
security in the Japan Area,

  Recognizing that Australia and New Zealand as members of the 
British Commonwealth of Nations have military obligations 
outside as well as within the Pacific Area,

  Desiring to declare publicly and formally their sense of 
unity, so that no potential aggressor could be under the 
illusion that any of them stand alone in the Pacific Area, and

  Desiring further to coordinate their efforts for collective 
defense for the preservation of peace and security pending the 
development of a more comprehensive system of regional security 
in the Pacific Area,

  Therefore declare and agree as follows:

                               Article I

  The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international disputes in which 
they may be involved by peaceful means in such a manner that 
international peace and security and justice are not endangered 
and to refrain in their international relations from the threat 
or use of force in any manner inconsistent with the purposes of 
the United Nations.

                               Article II

  In order more effectively to achieve the objective of this 
Treaty the Parties separately and jointly by means of 
continuous and effective self-help and mutual aid will maintain 
and develop their individual and collective capacity to resist 
armed attack.

                              Article III

  The Parties will consult together whenever in the opinion of 
any of them the territorial integrity, political independence 
or security of any of the Parties is threatened in the Pacific.

                               Article IV

  Each Party recognizes that an armed attack in the Pacific 
Area on any of the Parties would be dangerous to its own peace 
and safety and declares that it would act to meet the common 
danger in accordance with its constitutional processes.
  Any such armed attack and all measures taken as a result 
thereof shall be immediately reported to the Security Council 
of the United Nations. Such measures shall be terminated when 
the Security Council has taken the measures necessary to 
restore and maintain international peace and security.

                               Article V

  For the purpose of Article IV, an armed attack on any of the 
Parties is deemed to include an armed attack on the 
metropolitan territory of any of the Parties, or on the island 
territories under its jurisdiction in the Pacific or on its 
armed forces, public vessels or aircraft in the Pacific.

                               Article VI

  This Treaty does not affect and shall not be interpreted as 
affecting in any way the rights and obligations of the Parties 
under the Charter of the United Nations or the responsibility 
of the United Nations for the maintenance of international 
peace and security.

                              Article VII

  The Parties hereby establish a Council, consisting of their 
Foreign Ministers or their Deputies, to consider matters 
concerning the implementation of this Treaty. The Council 
should be so organized as to be able to meet at any time.

                              Article VIII

  Pending the development of a more comprehensive system of 
regional security in the Pacific Area and the development by 
the United Nations of more effective means to maintain 
international peace and security, the Council, established by 
Article VII, is authorized to maintain a consultative 
relationship with States, Regional Organizations, Associations 
of States or other authorities in the Pacific Area in a 
position to further the purposes of this Treaty and to 
contribute to the security of that Area.

                               Article IX

  This Treaty shall be ratified by the Parties in accordance 
with their respective constitutional processes. The instruments 
of ratification shall be deposited as soon as possible with the 
Government of Australia, which will notify each of the other 
signatories of such deposit. The Treaty shall enter into force 
as soon as the ratifications of the signatories have been 
deposited.

                               Article X

  This Treaty shall remain in force indefinitely. Any Party may 
cease to be a member of the Council established by Article VII 
one year after notice has been given to the Government of 
Australia, which will inform the Governments of the other 
Parties of the deposit of such notice.

                               Article XI

  This Treaty in the English language shall be deposited in the 
archives of the Government of Australia. Duly certified copies 
thereof will be transmitted by that Government to the 
Governments of each of the other signatories.

    In witness whereof, the undersigned Plenipotentiaries have 
signed this Treaty.

    Done at the City of San Francisco this first day of 
September, 1951.
                                4. Asia

 a. Mutual Defense Treaty Between the United States of America and the 
                    Republic of the Philippines \1\

  Signed at Washington, August 30, 1951; Ratification advised by the 
  Senate, March 20, 1952; Ratified by the President, April 15, 1952; 
     Ratified by the Republic of the Philippines, August 27, 1952; 
Ratifications exchanged at Manila, August 27, 1952; Entered into force, 
    August 27, 1952; Proclaimed by the President, September 15, 1952

  The Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ 3 UST 3947; TIAS 2529; 177 UNTS 133.

  Reaffirming their faith in the purposes and principles of the 
Charter of the United Nations and their desire to live in peace 
with all peoples and all Governments, and desiring to 
---------------------------------------------------------------------------
strengthen the fabric of peace in the Pacific Area,

  Recalling with mutual pride the historic relationship which 
brought their two peoples together in a common bond of sympathy 
and mutual ideals to fight side-by-side against imperialist 
aggression during the last war,

  Desiring to declare publicly and formally their sense of 
unity and their common determination to defend themselves 
against external armed attack, so that no potential aggressor 
could be under the illusion that either of them stands alone in 
the Pacific Area,

  Desiring further to strengthen their present efforts for 
collective defense for the preservation of peace and security 
pending the development of a more comprehensive system of 
regional security in the Pacific Area,

  Agreeing that nothing in this present instrument shall be 
considered or interpreted as in any way or sense altering or 
diminishing any existing agreements or understandings between 
the United States of America and the Republic of the 
Philippines,

  Have agreed as follows:

                               Article I

  The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international disputes in which 
they may be involved by peaceful means in such a manner that 
international peace and security and justice are not endangered 
and to refrain in their international relations from the threat 
or use of force in any manner inconsistent with the purposes of 
the United Nations.

                               Article II

  In order more effectively to achieve the objective of this 
Treaty, the Parties separately and jointly by self-help and 
mutual aid will maintain and develop their individual and 
collective capacity to resist armed attack.

                              Article III

  The Parties, through their Foreign Ministers or their 
deputies, will consult together from time to time regarding the 
implementation of this Treaty and whenever in the opinion of 
either of them the territorial integrity, political 
independence or security of either of the Parties is threatened 
by external armed attack in the Pacific.

                               Article IV

  Each Party recognizes that an armed attack in the Pacific 
Area on either of the Parties would be dangerous to its own 
peace and safety and declares that it would act to meet the 
common dangers in accordance with its constitutional processes.
  Any such armed attack and all measures taken as a result 
thereof shall be immediately reported to the Security Council 
of the United Nations. Such measures shall be terminated when 
the Security Council has taken the measures necessary to 
restore and maintain international peace and security.

                               Article V

  For the purpose of Article IV, an armed attack on either of 
the Parties is deemed to include an armed attack on the 
metropolitan territory of either of the Parties, or on the 
island territories under its jurisdiction in the Pacific or on 
its armed forces, public vessels or aircraft in the Pacific.

                               Article VI

  This Treaty does not affect and shall not be interpreted as 
affecting in any way the rights and obligations of the Parties 
under the Charter of the United Nations or the responsibility 
of the United Nations for the maintenance of international 
peace and security.

                              Article VII

  This Treaty shall be ratified by the United States of America 
and the Republic of the Philippines in accordance with their 
respective constitutional processes and will come into force 
when instruments of ratification thereof have been exchanged by 
them at Manila.

                              Article VIII

  This Treaty shall remain in force indefinitely. Either Party 
may terminate it one year after notice has been given to the 
other Party.
 b. Mutual Defense Treaty Between the United States of America and the 
                         Republic of Korea \1\

 Signed at Washington, October 1, 1953; Ratification advised, with an 
    understanding, by the Senate, January 26, 1954; Ratified by the 
  Republic of Korea, January 29, 1954; Ratified, subject to the said 
   understanding, by the President, February 5, 1954; Ratifications 
exchanged in Washington, November 17, 1954; Entered into force November 
        17, 1954; Proclaimed by the President, December 1, 1954

  The Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ 5 UST 2368; TIAS 3097; 238 UNTS 199.

  Reaffirming their desire to live in peace with all peoples 
and all governments, and desiring to strengthen the fabric of 
---------------------------------------------------------------------------
peace in the Pacific area,

  Desiring to declare publicly and formally their common 
determination to defend themselves against external armed 
attack so that no potential aggressor could be under the 
illusion that either of them stands alone in the Pacific area,

  Desiring further to strengthen their efforts for collective 
defense for the preservation of peace and security pending the 
development of a more comprehensive and effective system of 
regional security in the Pacific area,

  Have agreed as follows:

                               Article I

  The Parties undertake to settle any international disputes in 
which they may be involved by peaceful means in such a manner 
that international peace and security and justice are not 
endangered and to refrain in their international relations from 
the threat or use of force in any manner inconsistent with the 
Purposes of the United Nations, or obligations assumed by any 
Party toward the United Nations.

                               Article II

  The Parties will consult together whenever, in the opinion of 
either of them, the political independence or security of 
either of the Parties is threatened by external armed attack. 
Separately and jointly, by self help and mutual aid, the 
Parties will maintain and develop appropriate means to deter 
armed attack and will take suitable measures in consultation 
and agreement to implement this Treaty and to further its 
purposes.

                              Article III

  Each Party recognizes that an armed attack in the Pacific 
area on either of the Parties in territories now under their 
respective administrative control, or hereafter recognized by 
one of the Parties as lawfully brought under the administrative 
control of the other, would be dangerous to its own peace and 
safety and declares that it would act to meet the common danger 
in accordance with its constitutional processes.

                               Article IV

  The Republic of Korea grants, and the United States of 
America accepts, the right to dispose United States land, air 
and sea forces in and about the territory of the Republic of 
Korea as determined by mutual agreement.

                               Article V

  This Treaty shall be ratified by the United States of America 
and the Republic of Korea in accordance with their respective 
constitutional processes and will come into force when 
instruments of ratification thereof have been exchanged by them 
at Washington.

                               Article VI

  This Treaty shall remain in force indefinitely. Either Party 
may terminate it one year after notice has been given to the 
other Party.

    In witness whereof, the undersigned Plenipotentiaries have 
signed this Treaty.

    Done in duplicate at Washington, in the English and Korean 
languages, this first day of October 1953.
                              ----------                              


              Understanding as Stated in the Proclamation

    Whereas the Senate of the United States of America by their 
resolution of January 26, 1954, two-thirds of the Senators 
present concurring therein, did advise and consent to the 
ratification of the said Treaty with the following 
understanding:

    ``It is the understanding of the United States that neither 
party is obligated, under Article III of the above Treaty, to 
come to the aid of the other except in case of an external 
armed attack against such party; nor shall anything in the 
present Treaty be construed as requiring the United States to 
give assistance to Korea except in the event of an armed attack 
against territory which has been recognized by the United 
States as lawfully brought under the administrative control of 
the Republic of Korea.''
c. Southeast Asia Collective Defense Treaty \1\ with Understanding and 
                          Protocol (SEATO) \2\

   Signed at Manila, September 8, 1954; Ratification advised by the 
Senate, February 1, 1955; Ratified by the President, February 4, 1955; 
Ratification deposited, February 19, 1955; Entered into force, February 
          19, 1955; Proclaimed by the President, March 2, 1955

  The Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ 6 UST 81; TIAS 3170; 209 UNTS 28. For a list of states which 
are parties to the Treaty, see Department of State publication, 
Treaties in Force.
    \2\ SEATO, by decision of the SEATO Council (September 24, 1975), 
ceased to exist as of June 30, 1977. The collective defense treaty 
remains in force.

---------------------------------------------------------------------------
  Recognizing the sovereign equality of all the Parties,

  Reiterating their faith in the purposes and principles set 
forth in the Charter of the United Nations and their desire to 
live in peace with all peoples and all governments,

  Reaffirming that, in accordance with the Charter of the 
United Nations, they uphold the principle of equal rights and 
self-determination of peoples, and declaring that they will 
earnestly strive by every peaceful means to promote self-
government and to secure the independence of all countries 
whose peoples desire it and are able to undertake its 
responsibilities,

  Desiring to strengthen the fabric of peace and freedom and to 
uphold the principles of democracy, individual liberty and the 
rule of law, and to promote the economic well-being and 
development of all peoples in the Treaty area,

  Intending to declare publicly and formally their sense of 
unity, so that any potential aggressor will appreciate that the 
Parties stand together in the area, and

  Desiring further to coordinate their efforts for collective 
defense for the preservation of peace and security,

  Therefore agree as follows:

                               Article I

  The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international disputes in which 
they may be involved by peaceful means in such a manner that 
international peace and security and justice are not 
endangered, and to refrain in their international relations 
from the threat or use of force in any manner inconsistent with 
the purposes of the United Nations.

                               Article II

  In order more effectively to achieve the objectives of this 
Treaty the Parties, separately and jointly, by means of 
continuous and effective self-help and mutual aid will maintain 
and develop their individual and collective capacity to resist 
armed attack and to prevent and counter subversive activities 
directed from without against their territorial integrity and 
political stability.

                              Article III

  The Parties undertake to strengthen their free institutions 
and to cooperate with one another in the further development of 
economic measures, including technical assistance, designed 
both to promote economic progress and social well-being and to 
further the individual and collective efforts of governments 
toward these ends.

                               Article IV

  1. Each Party recognizes that aggression by means of armed 
attack in the treaty area against any of the Parties or against 
any State or territory which the Parties by unanimous agreement 
may hereafter designate, would endanger its own peace and 
safety, and agrees that it will in that event act to meet the 
common danger in accordance with its constitutional processes. 
Measures taken under this paragraph shall be immediately 
reported to the Security Council of the United Nations.
  2. If, in the opinion of any of the Parties, the 
inviolability or the integrity of the territory or the 
sovereignty or political independence of any Party in the 
treaty area or of any other State or Territory to which the 
provisions of paragraph 1 of this Article from time to time 
apply is threatened in any way other than by armed attack or is 
affected or threatened by any fact or situation which might 
endanger the peace of the area, the Parties shall consult 
immediately in order to agree on the measures which should be 
taken for the common defense.
  3. It is understood that no action on the territory of any 
State designated by unanimous agreement under paragraph 1 of 
this Article or on any territory so designated shall be taken 
except at the invitation or with the consent of the government 
concerned.

                               Article V

  The Parties hereby establish a Council, on which each of them 
shall be represented, to consider matters concerning the 
implementation of this Treaty. The Council shall provide for 
consultation with regard to military and any other planning as 
the situation obtaining in the treaty area may from time to 
time require. The Council shall be so organized as to be able 
to meet at any time.

                               Article VI

  This Treaty does not affect and shall not be interpreted as 
affecting in any way the rights and obligations of any of the 
Parties under the Charter of the United Nations or the 
responsibility of the United Nations for the maintenance of 
international peace and security. Each Party declares that none 
of the international engagements now in force between it and 
any other of the Parties or any third party is in conflict with 
the provisions of this Treaty, and undertakes not to enter into 
any international engagements in conflict with this Treaty.

                              Article VII

  Any other State in a position to further the objectives of 
this Treaty and to contribute to the security of the area may, 
by unanimous agreement of the Parties, be invited to accede to 
this Treaty. Any State so invited may become a Party to the 
Treaty by depositing its instrument of accession with the 
Government of the Republic of the Philippines. The Government 
of the Republic of the Philippines shall inform each of the 
Parties of the deposit of each such instrument of accession.

                              Article VIII

  As used in this Treaty, the ``treaty area'' is the general 
area of Southeast Asia, including also the entire territories 
of the Asian Parties, and the general area of the Southwest 
Pacific not including the Pacific area north of 21 degrees 30 
minutes north latitude. The Parties may, by unanimous 
agreement, amend this Article to include within the treaty area 
the territory of any State acceding to this Treaty in 
accordance with Article VII or otherwise to change the treaty 
area.

                               Article IX

  1. This Treaty shall be deposited in the archives of the 
Government of the Republic of the Philippines. Duly certified 
copies thereof shall be transmitted by the government to the 
other signatories.
  2. The Treaty shall be ratified and its provisions carried 
out by the Parties in accordance with their respective 
constitutional processes. The instruments of ratification shall 
be deposited as soon as possible with the Government of the 
Republic of the Philippines, which shall notify all of the 
other signatories of such deposit.
  3. The Treaty shall enter into force between the States which 
have ratified it as soon as the instruments of ratification of 
a majority of the signatories shall have been deposited, and 
shall come into effect with respect to each other State on the 
date of the deposit of its instrument of ratification.

                               Article X

  This Treaty shall remain in force indefinitely, but any Party 
may cease to be a Party one year after its notice of 
denunciation has been given to the Government of the Republic 
of the Philippines, which shall inform the Governments of the 
other Parties of the deposit of each notice of denunciation.

                               Article XI

  The English text of this Treaty is binding on the Parties, 
but when the Parties have agreed to the French text thereof and 
have so notified the Government of the Republic of the 
Philippines, the French text shall be equally authentic and 
binding on the Parties.
                              ----------                              


             Understanding of the United States of America

    The United States of America in executing the present 
Treaty does so with the understanding that its recognition of 
the effect of aggression and armed attach and its agreement 
with reference thereto in Article IV, paragraph 1, apply only 
to communist aggression but affirms that in the event of other 
aggression or armed attack it will consult under the provisions 
of Article IV, paragraph 2.

    In witness whereof, the undersigned Plenipotentiaries have 
signed this Treaty.

    Done at Manila, this eighth day of September, 1954.
                              ----------                              


        Protocol to the Southeast Asia Collective Defense Treaty

 Designation of States and Territory as to Which Provisions of Article 
                IV and Article III Are to be Applicable

  The Parties to the Southeast Asia Collective Defense Treaty 
unanimously designate for the purposes of Article IV of the 
Treaty the States of Cambodia and Laos and the free territory 
under the jurisdiction of the State of Vietnam.
  The Parties further agree that the above mentioned states and 
territory shall be eligible in respect of the economic measures 
contemplated by Article III.
  This Protocol shall enter into force simultaneously with the 
coming into force of the Treaty.

    In witness whereof, the undersigned Plenipotentiaries have 
signed this Protocol to the Southeast Asia Collective Defense 
Treaty.

    Done at Manila, this eighth day of September, 1954.
d. Treaty of Mutual Cooperation and Security Between the United States 
   of America and Japan,\1\ With Agreed Minute and Exchanges of Notes

  Signed at Washington, January 19, 1960; Ratified by Japan, June 21, 
 1960; Ratification advised by the Senate, June 22, 1960; Ratified by 
 the President, June 22, 1960; Ratifications exchanged at Tokyo, June 
     23, 1960; Entered into force June 23, 1960; Proclaimed by the 
                        President, June 27, 1960

  The United States of America and Japan,
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    \1\ 11 UST 1632; TIAS 4509; 373 UNTS 186.

  Desiring to strengthen the bonds of peace and friendship 
traditionally existing between them, and to uphold the 
principles of democracy, individual liberty, and the rule of 
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law,

  Desiring further to encourage closer economic cooperation 
between them and to promote conditions of economic stability 
and well-being in their countries,

  Reaffirming their faith in the purposes and principles of the 
Charter of the United Nations, and their desire to live in 
peace with all peoples and all governments,

  Recognizing that they have the inherent right of individual 
or collective self-defense as affirmed in the Charter of the 
United Nations,

  Considering that they have a common concern in the 
maintenance of international peace and security in the Far 
East,

  Having resolved to conclude a treaty of mutual cooperation 
and security,

  Therefore agree as follows:

                               Article I

  The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international disputes in which 
they may be involved by peaceful means in such a manner that 
international peace and security and justice are not endangered 
and to refrain in their international relations from the threat 
or use of force against the territorial integrity or political 
independence of any state, or in any other manner inconsistent 
with the purposes of the United Nations.
  The Parties will endeavor in concert with other peace-loving 
countries to strengthen the United Nations so that its mission 
of maintaining international peace and security may be 
discharged more effectively.

                               Article II

  The Parties will contribute toward the further development of 
peaceful and friendly international relations by strengthening 
their free institutions, by bringing about a better 
understanding of the principles upon which these institutions 
are founded, and by promoting conditions of stability and well-
being. They will seek to eliminate conflict in their 
international economic policies and will encourage economic 
collaboration between them.

                              Article III

  The Parties, individually and in cooperation with each other, 
by means of continuous and effective self-help and mutual aid 
will maintain and develop, subject to their constitutional 
provisions, their capacities to resist armed attack.

                               Article IV

  The Parties will consult together from time to time regarding 
the implementation of this Treaty, and, at the request of 
either Party, whenever the security of Japan or international 
peace and security in the Far East is threatened.

                               Article V

  Each Party recognizes that an armed attack against either 
Party in the territories under the administration of Japan 
would be dangerous to its own peace and safety and declares 
that it would act to meet the common danger in accordance with 
its constitutional provisions and processes.
  Any such armed attack and all measures taken as a result 
thereof shall be immediately reported to the Security Council 
of the United Nations in accordance with the provisions of 
Article 51 of the Charter. Such measures shall be terminated 
when the Security Council has taken the measures necessary to 
restore and maintain international peace and security.

                               Article VI

  For the purpose of contributing to the security of Japan and 
the maintenance of international peace and security in the Far 
East, the United States of America is granted the use by its 
land, air and naval forces of facilities and areas in Japan.
  The use of these facilities and areas as well as the status 
of United States armed forces in Japan shall be governed by a 
separate agreement,\2\ replacing the Administrative Agreement 
\3\ under Article III of the Security Treaty \4\ between the 
United States of America and Japan, signed at Tokyo on February 
28, 1952, as amended, and by such other arrangements as may be 
agreed upon.
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    \2\ TIAS 4510; 11 UST 1652.
    \3\ TIAS 2492; 3 UST 3341.
    \4\ TIAS 2491; 3 UST 3332.
---------------------------------------------------------------------------

                              Article VII

  This Treaty does not affect and shall not be interpreted as 
affecting in any way the rights and obligations of the Parties 
under the Charter of the United Nations or the responsibility 
of the United Nations for the maintenance of international 
peace and security.

                              Article VIII

  This Treaty shall be ratified by the United States of America 
and Japan in accordance with their respective constitutional 
processes and will enter into force on the date on which the 
instruments of ratification thereof have been exchanged by them 
in Tokyo.

                               Article IX

  The Security Treaty between the United States of America and 
Japan signed at the city of San Francisco on September 8, 1951 
shall expire upon the entering into force of this Treaty.

                               Article X

  This Treaty shall remain in force until in the opinion of the 
Governments of the United States of America and Japan there 
shall have come into force such United Nations arrangements as 
will satisfactorily provide for the maintenance of 
international peace and security in the Japan area.
  However, after the Treaty has been in force for ten years, 
either Party may give notice to the other Party of its 
intention to terminate the Treaty, in which case the Treaty 
shall terminate one year after such notice has been given.
                              ----------                              


     Agreed Minute to the Treaty of Mutual Cooperation and Security

Japanese Plenipotentiary:
  While the question of the status of the islands administered 
by the United States under Article 3 of the Treaty of Peace 
with Japan has not been made a subject of discussion in the 
course of treaty negotiations, I would like to emphasize the 
strong concern of the Government and people of Japan for the 
safety of the people of these islands since Japan possesses 
residual sovereignty over these islands. If an armed attack 
occurs or is threatened against these islands, the two 
countries will of course consult together closely under Article 
IV of the Treaty of Mutual Cooperation and Security. In the 
event of an armed attack, it is the intention of the Government 
of Japan to explore with the United States measures which it 
might be able to take for the welfare of the islanders.

United States Plenipotentiary:
  In the event of an armed attack against these islands, the 
United States Government will consult at once with the 
Government of Japan and intends to take the necessary measures 
for the defense of these islands, and to do its utmost to 
secure the welfare of the islanders.

 Exchanges of Notes Between the United States and Japan Dated January 
                                19, 1960

Excellency:

  I have the honour to refer to the Treaty of Mutual 
Cooperation and Security between Japan and the United States of 
America signed today, and to inform Your Excellency that the 
following is the understanding of the Government of Japan 
concerning the implementation of Article VI thereof:

          Major changes in the deployment into Japan of United 
        States armed forces, major changes in their equipment, 
        and the use of facilities and areas in Japan as bases 
        for military combat operations to be undertaken from 
        Japan other than those conducted under Article V of the 
        said Treaty, shall be the subjects of prior 
        consultation with the Government of Japan.

  I should be appreciative if Your Excellency would confirm on 
behalf of your Government that this is also the understanding 
of the Government of the United States of America.
  I avail myself of this opportunity to renew to Your 
Excellency the assurance of my highest consideration.
                                                  Nobusuke Kishi.  
His Excellency
        Christian A. Herter,
                Secretary of State
                        of the United States of America.

Excellency:

  I have the honor to acknowledge the receipt of Your 
Excellency's Note of today's date, which reads as follows:

    [There follows the Prime Minister's note, quoted in 
English.]

  I have the honor to confirm on behalf of my Government that 
the foregoing is also the understanding of the Government of 
the United States of America.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
                                     Christian A. Herter,          
                                    Secretary of State of the      
                                        United States of America.  
His Excellency
        Nobusuke Kishi,
                Prime Minister of Japan.
                              ----------                              

Excellency:

  I have the honor to refer to the Security Treaty between the 
United States of America and Japan signed at the city of San 
Francisco on September 8, 1951, the exchange of notes effected 
on the same date between Mr. Shigeru Yoshida, Prime Minister of 
Japan, and Mr. Dean Acheson, Secretary of State of the United 
States of America, and the Agreement Regarding the Status of 
the United Nations Forces in Japan signed at Tokyo on February 
19, 1954, as well as the Treaty of Mutual Cooperation and 
Security between the United States of America and Japan signed 
today. It is the understanding of my Government that:
          1. The above-mentioned exchange of notes will 
        continue to be in force so long as the Agreement 
        Regarding the Status of the United Nations Forces in 
        Japan remains in force.
          2. The expression ``those facilities and areas the 
        use of which is provided to the United States of 
        America under the Security Treaty between Japan and the 
        United States of America'' in Article V, paragraph 2 of 
        the above-mentioned Agreement is understood to mean the 
        facilities and areas the use of which is granted to the 
        United States of America under the Treaty of Mutual 
        Cooperation and Security.
          3. The use of the facilities and areas by the United 
        States armed forces under the Unified Command of the 
        United Nations established pursuant to the Security 
        Council Resolution of July 7, 1950, and their status in 
        Japan are governed by arrangements made pursuant to the 
        Treaty of Mutual Cooperation and Security.
  I should be grateful if Your Excellency would confirm on 
behalf of your Government that the understanding of my 
Government stated in the foregoing numbered paragraphs is also 
the understanding of your Government and that this 
understanding shall enter into operation on the date of the 
entry into force of the Treaty of Mutual Cooperation and 
Security signed at Washington on January 19, 1960.
  Accept, Excellency, the renewed assurances of my highest 
consideration.
                                     Christian A. Herter,          
                                    Secretary of State of the      
                                        United States of America.  
His Excellency
        Nobusuke Kishi,
                Prime Minister of Japan.

Excellency:

  I have the honour to acknowledge the receipt of Your 
Excellency's Note of today's date, which reads as follows:

    [There follows the Secretary of State's note, quoted in 
English.]

  I have the honour to confirm on behalf of my Government that 
the foregoing is also the understanding of the Government of 
Japan.
  I avail myself of this opportunity to renew to Your 
Excellency the assurance of my highest consideration.
                                                  Nobusuke Kishi.  
His Excellency
        Christian A. Herter,
                Secretary of State
                        of the United States of America.
                              ----------                              

Dear Secretary Herter:

  I wish to refer to the Treaty of Mutual Cooperation and 
Security between Japan and the United States of America signed 
today. Under Article IV of the Treaty, the two Governments will 
consult together from time to time regarding the implementation 
of the Treaty, and, at the request of either Government, 
whenever the security of Japan or international peace and 
security in the Far East is threatened. The exchange of notes 
under Article VI of the Treaty specifies certain matters as the 
subjects of prior consultation with the Government of Japan.
  Such consultations will be carried on between the two 
Governments through appropriate channels. At the same time, 
however, I feel that the establishment of a special committee 
which could as appropriate be used for these consultations 
between the Governments would prove very useful. This 
committee, which would meet whenever requested by either side, 
could also consider any matters underlying and related to 
security affairs which would serve to promote understanding 
between the two Governments and contribute to the strengthening 
of cooperative relations between the two countries in the field 
of security.
  Under this proposal the present ``Japanese-American Committee 
on Security'' established by the Governments of the United 
States and Japan on August 6, 1957, would be replaced by this 
new committee which might be called ``The Security Consultative 
Committee''. I would also recommend that the membership of this 
new committee be the same as the membership of the ``Japanese-
American Committee on Security'', namely on the Japanese side, 
the Minister for Foreign Affairs, who will preside on the 
Japanese side, and the Director General of the Defense Agency, 
and on the United States side, the United States Ambassador to 
Japan, who will serve as Chairman on the United States side, 
and the Commander-in-Chief, Pacific, who will be the 
Ambassador's principal advisor on military and defense matters. 
The Commander, United States Forces, Japan, will serve as 
alternate for the Commander-in-Chief, Pacific.
  I would appreciate very much your views on this matter.
          Most sincerely,
                                                  Nobusuke Kishi.  
His Excellency
        Christian A. Herter,
                Secretary of State
                        of the United States of America.

Dear Mr. Prime Minister:

  The receipt is acknowledged of your Note of today's date 
suggesting the establishment of ``The Security Consultative 
Committee''. I fully agree to your proposal and share your view 
that such a committee can contribute to strengthening the 
cooperative relations between the two countries in the field of 
security. I also agree to your proposal regarding the 
membership of this committee.
          Most sincerely,
                                             Christian A. Herter.  
His Excellency
        Nobusuke Kishi,  
                Prime Minister of Japan.
5. Agreement Between the United States of America and the Multinational 
                        Force and Observers \1\

  Effected by Exchange of Letters Signed at Washington, with Related 
      Letters, March 26, 1982; Entered into force, March 26, 1982

                                The Director General of the        
                                    Multinational Force and        
                        Observers to the Secretary of State        
                          Multinational Force and Observers        
                                      Post Office Box 11258        
                                     Alexandria, Virginia 22312    
                                                 (703) 642-8300    
                                                     March 26, 1982
The Honorable Alexander M. Haig, Jr.
The Secretary of State
Washington, D.C. 20520
    Dear Mr. Secretary:

    I have the honor to refer to the Treaty of Peace between 
Egypt and Israel signed March 26, 1979, and to the enclosed 
Protocol between Egypt and Israel which provided for the 
establishment of a Multinational Force and Observers (MFO).
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    \1\ TIAS 10557.
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    In accordance with the Protocol and with the agreement of 
the Parties, the Director General is to request those nations 
agreeable to the Parties to supply contingents to the MFO and 
to receive the agreement of contributing nations that the 
contingents will conduct themselves in accordance with the 
terms of the Protocol. Therefore, based on previous 
communications and discussions, I accept with appreciation the 
offer of the Government of the United States of America to 
provide to the MFO an infantry battalion task force of 
approximately eight hundred personnel, a logistics support 
element of approximately three hundred fifty personnel, staff 
personnel, and civilian observers, as provided in Annexes I and 
III to this letter.
    As you are aware, the principles concerning the 
establishment, functions and responsibilities of the MFO are 
set out in the Protocol between Egypt and Israel. In accordance 
with paragraph 3 of the Annex to the Protocol, I would 
appreciate your confirmation that the United States units shall 
conduct themselves in accordance with the terms of the 
Protocol. Also, I would like to emphasize the importance of 
continuity of service of units in the MFO and to seek your 
agreement that the United States units will not be withdrawn 
without adequate prior notification to the Director General of 
the MFO.
    I draw your attention as well to the Appendix to the 
Protocol, which stipulates the privileges and immunities of the 
MFO and the duties of members of the MFO. Of particular 
importance is paragraph 11 concerning criminal jurisdiction, 
and its subparagraph c, which directs the Director General to 
obtain the assurance of each participating state that it will 
be prepared to take the necessary measures to assure proper 
discipline of its personnel and to exercise jurisdiction with 
respect to any crime or offense which might be committed by its 
personnel.
    With regard to paragraph 42 of the Appendix to the 
Protocol, I assure you that I intend to act in accordance with 
the wishes of the participating state concerning the 
disposition of the bodies of its members who die in the service 
of the MFO, and their personal property.
    The financial arrangements between the MFO and the 
Government of the United States concerning its military 
contribution and the civilian observers are set forth at 
Annexes II and III.
    My separate letter of today's date confirms my 
understanding with respect to various aspects of participation 
in the MFO.
    The enclosed Aide Memoire sets forth guidelines on 
procedures used by the MFO and is provided for the use of the 
Government of the United States in preparing and deploying its 
units for service in the MFO.
    I have the honor to propose that this letter, including its 
attached Annexes I, II, and III, and your reply confirming the 
agreement of your Government to the terms thereof shall 
constitute an agreement between the Government of the United 
States and the MFO, which shall enter into force on the date of 
your reply.
    With assurances of my highest consideration,
          Sincerely,
                                             Leamon R. Hunt        
                                               Director General    
                                  Multinational Force and Observers
Attachments:
          Annex I: United States Military Contribution
          Annex II: Financial Arrangements for United States 
        Military Contribution
          Annex III: Civilian Observers

Enclosures:
          Protocol
          Aide Memoire

                                ANNEX I

                  UNITED STATES MILITARY CONTRIBUTION

A. INFANTRY BATTALION TASK FORCE

    1. The Government of the United States of America shall 
provide to the MFO an infantry battalion task force, which 
shall be responsible for patrolling by foot, light vehicle, and 
helicopter; establishing and manning observation posts and 
check points; and conducting other activities as directed by 
the Force Commander in accordance with the Protocol between 
Egypt and Israel, signed August 3, 1981.
    2. The infantry battalion task force shall consist of an 
infantry battalion headquarters and its associated headquarters 
company, three rifle companies, a combat support company, a 
helicopter support element, and signal support element. The 
total number of personnel of the infantry battalion task force 
shall not exceed 808.
    3. The infantry battalion task force shall be equipped with 
its normal infantry battalion equipment and weapons, as 
mutually agreed, less its heavy (4.2") mortars, heavy (TOW) 
anti-tank missiles, and air defense missiles (REDEYE/STINGER), 
subject to the following:
          a. A maximum of 10 unarmed utility helicopters may be 
        deployed to provide movement of personnel, equipment 
        and supplies; medical evacuation; and command-control, 
        observation, and liaison.
          b. The infantry battalion task force shall deploy 
        with sufficient light/utility vehicles to meet its 
        operational ground transportation needs. The MFO shall 
        supplement the infantry battalion task force's vehicles 
        with additional vehicles as necessary to provide 
        adequate logistical support.
          c. The infantry battalion task force shall be 
        sufficiently equipped and manned to perform at least 
        organizational maintenance on all its deployed 
        equipment, including helicopters. All other maintenance 
        capability shall be provided by the MFO, as may be 
        required.

B. LOGISTICS SUPPORT ELEMENT

    1. The Government of the United States shall provide to the 
MFO a Logistics Support Element which shall be responsible for: 
explosive ordnance disposal; movements control; airlift 
control; operation of a central supply facility for all classes 
of supply, except post exchange supplies and alcoholic 
beverages; provision of agreed mail services; maintenance of 
all U.S.-standard small arms deployed with MFO contingents; 
operation of heavy vehicles; provision of medical services, 
including operation of central medical facilities at both 
primary base camps; and provision of food and sanitation 
inspection services.
    2. The total number of personnel of the Logistics Support 
Element shall not exceed 356.
    3. The Logistics Support Element shall be equipped with the 
equipment necessary to perform its mission, as described above, 
subject to the following:
          a. The MFO shall provide sufficient equipment to meet 
        the operational communications needs of the Logistics 
        Support Element.
          b. The MFO shall provide those vehicles required by 
        the Logistics Support Element to perform its mission.
          c. The Logistics Support Element shall be responsible 
        for providing organizational maintenance for its 
        deployed equipment, and operator maintenance for 
        equipment provided to it by the MFO. The MFO shall be 
        responsible for providing additional maintenance of 
        equipment used by the Logistics Support Element.
          d. All members of the Logistic Support Element shall 
        be armed with their normally assigned individual 
        weapons.

C. ADDITIONAL PROVISIONS

    1. The mission, equipment and armament of the military 
units described herein may not be changed except with the 
consent of the Government of the United States and the MFO.
    2. The commanders of the infantry battalion task force and 
of the Logistics Support Element shall have direct access to 
the Force Commander.
    3. The Government of the United States shall also provide 
staff-trained military officers to the MFO Force Commander's 
staff for mutually acceptable positions.
    4. The organizational criteria set forth in this Annex may 
from time to time be modified by mutual consent.

                                ANNEX II

     FINANCIAL ARRANGEMENTS FOR UNITED STATES MILITARY CONTRIBUTION

    1. The Government of the United States shall remain 
responsible for the payment to the United States military 
personnel, without cost to the MFO, of the salaries, benefits, 
subsistence and/or allowances which would normally be paid such 
personnel when stationed in the United States.
    2. The MFO shall pay to the Government of the United States 
an amount equivalent to the cost to the Government of the 
United States of special pay and allowances paid to the United 
States military personnel pursuant to applicable United States 
law.
    3. The Government of the United States shall provide, 
without cost to the MFO, those items of capital equipment 
required for the performance of missions assigned to United 
States units, in accordance with Annex I.
    4. The MFO shall pay to the Government of the United States 
the actual cost of such special preparation and modification of 
equipment necessary for Sinai operation as has been mutually 
determined, and of the removal of such special preparation and 
modification upon cessation of deployment.
    5. The MFO shall provide for the initial transportation to 
and final transportation from the Sinai of capital equipment 
and support equipment of the United States military units, 
without cost to the United States. Any non-maintenance-related 
rotation of such equipment will be the responsibility of the 
Government of the United States.
    6. Damage to or loss of capital equipment supplied by the 
Government of the United States shall be the responsibility of 
the MFO when any such damage or loss occurs in connection with 
official MFO business.
    7. The MFO shall provide, without cost to the Government of 
the United States, equipment which is required by the United 
States units to perform their assigned missions, but which is 
not standard issue to United States military units.
    8. The MFO shall provide for the transportation of the 
United States military personnel assigned to the MFO, their 
individual weapons and kit, without cost to the United States, 
from the designated point of departure to their stations in the 
Sinai and return, in accordance with the mutually established 
rotation schedule.
    9. The MFO shall provide food and lodging to the United 
States military personnel in the Sinai, as well as base 
support, without cost to the United States.
    10. In consideration of the food, lodging, base support, 
and other services, supplies and equipment to be provided the 
United States units by the MFO pursuant to this Annex, the 
Government of the United States shall credit to the account of 
the MFO an amount equivalent to the costs which would normally 
have been incurred by the Government of the United States for 
food and lodging, base support, and operations and maintenance 
for such units when stationed in the United States.
    11. The net amount payable by the MFO in accordance with 
this Annex and the financial provisions of such other 
agreements as may be entered into between the Government of the 
United States and the MFO shall be determined on a fiscal year 
basis, and real costs shall be payable quarterly. The first 
such payment shall be made by July 1, 1982, and subsequent 
installments shall be paid quarterly thereafter.
    12. Accounting, reimbursement and other administrative 
arrangements related to this Annex shall be agreed upon between 
designated representatives of the Government of the United 
States and the MFO.

                             Agreed Minute

    With reference to paragraph 2 of Annex II of the letter of 
the Director General of the MFO to the Secretary of State of 
the Government of the United States, it is understood that the 
special pay and allowances to be paid to the personnel of the 
United States armed forces assigned to the MFO pursuant to 
applicable United States law will be:
          (a) overseas pay for enlisted personnel, initially 
        ranging from $8.00 to $22.50 per person per month, 
        depending on grade;
          (b) a separate maintenance allowance for married 
        personnel of $30.00 per person per month.
    With reference to paragraph 4 of Annex II, it is understood 
that the costs incurred in preparing equipment for use in the 
Sinai (i.e., painting vehicles and painting MFO insignia on 
equipment) will be calculated on the basis of actual cost 
incurred.
    With reference to paragraph 8 of Annex II, it is understood 
that when air transportation for personnel, supplies and 
equipment is provided by the Government of the United States on 
a space available basis at no additional cost to the Government 
of the United States, no reimbursement will be required from 
the MFO.
    With reference to paragraph 10 of Annex II, it is 
understood that the costs which would normally have been 
incurred by the Government of the United States for maintaining 
the United States personnel in the United States will be 
computed on the following basis:
          (a) Costs for the budgeted support will be computed 
        on the basis of factors set forth in the Army Force 
        Planning Cost Handbook (AFPCH).
          (b) Budgeted support costs for operations and 
        maintenance of aviation units will be computed on the 
        basis of United States Army Forces Command (FORSCOM) 
        historical flying hour and standard United States 
        Department of the Army cost factors.
          (c) Budgeted support costs for operations and 
        maintenance of the Logistics Support Element will be 
        based on FORSCOM historical experience for each 
        specific unit; provided, however, that the AFPCH will 
        be the basis for computing costs for the Explosive 
        Ordnance Disposal team.
          (d) Budgeted costs for subsistence will be computed 
        at the standard United States Department of the Army 
        per person per day rate.
          (e) Budgeted costs for base operations will be 
        computed on the basis of a cost allocation factor of 
        $50.00 per person per month.

                               ANNEX III

                           CIVILIAN OBSERVERS

    The Government of the United States of America shall assist 
the MFO in recruiting, or otherwise ensure the provision of, 
approximately 25 United States Government personnel, on 
transfer or detail, to serve as civilian observers and support 
personnel in accordance with the Protocol between Egypt and 
Israel signed August 3, 1981. During their assignment with the 
MFO, the civilian observers shall be responsible to the 
Director General of the MFO in accordance with such 
organizational arrangements as he may establish, consistent 
with the Protocol, and shall have no responsibility to the 
Government of the United States with respect to the performance 
of their functions. It is understood that the civilian 
observers shall report directly to the Force Commander and that 
all civilian observers shall be citizens of the United States.
    With respect to the financial arrangements for the civilian 
observers, the MFO shall be responsible for all costs related 
to their employment with the MFO, in accordance with the terms 
of employment as agreed between the individual employee and the 
MFO. In the case of employees on detail to the MFO, the MFO 
will reimburse the United States Government for all costs 
related to the detail, including salaries, allowances, 
benefits, travel and transportation. The MFO will be 
responsible for all costs such as travel and support incident 
to the performance of duties while on detail to or employed by 
the MFO.

                              ENCLOSURE 1

                                PROTOCOL

           [to the Treaty of Peace between Egypt and Israel]

    In view of the fact that the Egyptian-Israeli Treaty of 
Peace dated March 26, 1979 (hereinafter, ``the Treaty''), 
provides for the fulfillment of certain functions by the United 
Nations Forces and Observers and that the President of the 
Security Council indicated on May 18, 1981, that the Security 
Council was unable to reach the necessary agreement on the 
proposal to establish the UN Forces and Observers, Egypt and 
Israel, acting in full respect for the purposes and principles 
of the United Nations Charter, have reached the following 
agreement:
          1. A Multinational Force and observers (hereinafter, 
        ``MFO'') is hereby established as an alternative to the 
        United Nations Forces and Observers. The two Parties 
        may consider the possibility of replacing the 
        arrangements hereby established with alternative 
        arrangements by mutual agreement.
          2. The provisions of the Treaty which relate to the 
        establishment and functions and responsibilities of the 
        UN Forces and observers shall apply mutatis mutandis to 
        the establishment and functions and responsibilities of 
        the MFO or as provided in this Protocol.
          3. The provisions of Article IV of the Treaty and the 
        Agreed Minute thereto shall apply to the MFO. In 
        accordance with paragraph 2 of this Protocol, the words 
        ``through the procedures indicated in paragraph 4 of 
        Article IV and the Agreed Minute thereto'' shall be 
        substituted for ``by the Security Council of the United 
        Nations with the affirmative vote of the five permanent 
        members'' in paragraph 2 of Article IV of the Treaty.
          4. The Parties shall agree on the nations from which 
        the MFO will be drawn.
          5. The mission of the MFO shall be to undertake the 
        functions and responsibilities stipulated in the Treaty 
        for the United Nations Forces and observers. Details 
        relating to the international nature, size, structure 
        and operation of the MFO are set out in the attached 
        Annex.
          6. The Parties shall appoint a Director-General who 
        shall be responsible for the direction of the MFO. The 
        Director-General shall, subject to the approval of the 
        Parties, appoint a Commander, who shall be responsible 
        for the daily command of the MFO. Details relating to 
        the Director-General and the Commander are set out in 
        the attached Annex.
          7. The expenses of the MFO which are not covered by 
        other sources shall be borne equally by the Parties.
          8. Disputes arising from the interpretation and 
        application of this Protocol shall be resolved 
        according to Article VII of the Treaty.
          9. This Protocol shall enter into force when each 
        Party has notified the other that all its 
        Constitutional requirements have been fulfilled. The 
        attached Annex shall be regarded as an integral part 
        hereof. This Protocol shall be communicated to the 
        Secretary General of the United Nations for 
        registration in accordance with the provisions of 
        Article 102 of the Charter of the United Nations.\2\
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1053; 3 Bevans 1176.
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    Signed for the Governments of the Arab Republic of Egypt 
and the State of Israel; witnessed by the Government of the 
United States of America

                                 ANNEX

   [to the Protocol to the Treaty of Peace between Egypt and Israel]

Director-General

    1. The Parties shall appoint a Director-General of the MFO 
within one month of the signing of this Protocol. The Director-
General shall serve a term of four years, which may be renewed. 
The Parties may replace the Director-General prior to the 
expiration of his term.
    2. The Director-General shall be responsible for the 
direction of the MFO in the fulfillment of its functions and in 
this respect is authorized to act on behalf of the MFO. In 
accordance with local laws and regulations and the privileges 
and immunities of the MFO, the Director-General is authorized 
to engage an adequate staff, to institute legal proceedings, to 
contract, to acquire and dispose of property, and to take those 
other actions necessary and proper for the fulfillment of his 
responsibilities. The MFO shall not own immovable property in 
the territory of either Party without the agreement of the 
respective government. The Director-General shall determine the 
location of his office, subject to the consent of the country 
in which the office will be located.
    3. Subject to the authorization of the Parties, the 
Director-General shall request those nations agreeable to the 
Parties to supply contingents to the MFO and to receive the 
agreement of contributing nations that the contingents will 
conduct themselves in accordance with the terms of this 
Protocol. The Director-General shall impress upon contributing 
nations the importance of continuity of service in units with 
the MFO so that the Commander may be in a position to plan his 
operations with knowledge of what units will be available. The 
Director-General shall obtain the agreement of contributing 
nations that the national contingents shall not be withdrawn 
without adequate prior notification to the Director-General.
    4. The Director-General shall report to the Parties on 
developments relating to the functioning of the MFO. He may 
raise with either or both Parties, as appropriate, any matter 
concerning the functioning of the MFO. For this purpose, Egypt 
and Israel shall designate senior responsible officials as 
agreed points of contact for the Director-General. In the event 
that either Party or the Director-General requests a meeting, 
it will be convened in the location determined by the Director-
General within 48 hours. Access across the international 
boundary shall only be permitted through entry checkpoints 
designated by each Party. Such access will be in accordance 
with the laws and regulations of each country. Adequate 
procedures will be established by each Party to facilitate such 
entries.

Military Command Structure

    5. In accordance with paragraph 6 of the Protocol, the 
Director-General shall appoint a Commander of the MFO within 
one month of the appointment of the Director-General. The 
Commander will be an officer of general rank and shall serve a 
term of three years which may, with the approval of the 
Parties, be renewed or curtailed. He shall not be of the same 
nationality as the Director-General.
    6. Subject to paragraph 2 of this Annex, the Commander 
shall have full command authority over the MFO, and shall 
promulgate its Standing Operating Procedures. In making the 
command arrangements stipulated in paragraph 9 of Article VI of 
Annex I of the Treaty (hereinafter ``Annex I''), the Commander 
shall establish a chain of command for the MFO linked to the 
commanders of the national contingents made available by 
contributing nations. The members of the MFO, although 
remaining in their national service, are, during the period of 
their assignment to the MFO, under the Director-General and 
subject to the authority of the Commander through the chain of 
command.
    7. The Commander shall also have general responsibility for 
the good order of the MFO. Responsibility for disciplinary 
action in national contingents provided for the MFO rests with 
the commanders of the national contingents.

Functions and Responsibilities of the MFO

    8. The mission of the MFO shall be to undertake the 
functions and responsibilities stipulated in the Treaty for the 
United Nations Forces and Observers.
    9. The MFO shall supervise the implementation of Annex I 
and employ its best efforts to prevent any violation of its 
terms.
    10. With respect to the MFO, as appropriate, the Parties 
agree to the following arrangements:
          (a) Operation of checkpoints, reconnaissance patrols, 
        and observation posts along the international boundary 
        and Line B, and within Zone C.
          (b) Periodic verification of the implementation of 
        the provisions of Annex I will be carried out not less 
        than twice a month unless otherwise agreed by the 
        Parties.
          (c) Additional verifications within 48 hours after 
        the receipt of a request from either Party.
          (d) Ensuring the freedom of navigation through the 
        Strait of Tiran in accordance with Article V of the 
        Treaty of Peace.
    11. When a violation has been confirmed by the MFO, it 
shall be rectified by the respective Party within 48 hours. The 
Party shall notify the MFO of the rectification.
    12. The operations of the MFO shall not be construed as 
substituting for the undertakings by the Parties described in 
paragraph 2 of Article III of the Treaty. MFO personnel will 
report such acts by individuals as described in that paragraph 
in the first instance to the police of the respective Party.
    13. Pursuant to paragraph 2 of Article II of Annex I, and 
in accordance with paragraph 7 of Article VI of Annex I, at the 
checkpoints at the international boundary, normal border 
crossing functions, such as passport inspection and customs 
control, will be carried out by officials of the respective 
Party.
    14. The MFO operating in the Zones will enjoy freedom of 
movement necessary for the performance of its tasks.
    15. MFO support flights to Egypt or Israel will follow 
normal rules and procedures for international flights. Egypt 
and Israel will undertake to facilitate clearances for such 
flights.
    16. Verification flights by MFO aircraft in the Zones will 
be cleared with the authorities of the respective Party, in 
accordance with procedures to ensure that the flights can be 
undertaken in a timely manner.
    17. MFO aircraft will not cross the international boundary 
without prior notification and clearance by each of the 
Parties.
    18. MFO reconnaissance aircraft operating in Zone C will 
provide notification to the civil air control center and, 
thereby, to the Egyptian liaison officer therein.

Size and Organization

    19. The MFO shall consist of a headquarters, three infantry 
battalions totalling not more than 2,000 troops, a coastal 
patrol unit and an observer unit, an aviation element and 
logistics and signal units.
    20. The MFO units will have standard armament and equipment 
appropriate to their peacekeeping missions as stipulated in 
this Annex.
    21. The MFO headquarters will be organized to fulfill its 
duties in accordance with the Treaty and this Annex. It shall 
be manned by staff-trained officers of appropriate rank 
provided by the troop contributing nations as part of their 
national contingents. Its organization will be determined by 
the Commander, who will assign staff positions to each 
contributor on an equitable basis.

Reports

    22. The Commander will report findings simultaneously to 
the Parties as soon as possible, but not later than 24 hours, 
after a verification or after a violation has been confirmed. 
The Commander will also provide the Parties simultaneously a 
monthly report summarizing the findings of the checkpoints, 
observation posts, and reconnaissance patrols.
    23. Reporting formats will be worked out by the Commander 
with the Parties in the Joint Commission. Reports to the 
Parties will be transmitted to the liaison offices to be 
established in accordance with paragraph 31 below.

Financing, Administration and Facilities

    24. The budget for each financial year shall be prepared by 
the Director-General and shall be approved by the Parties. The 
financial year shall be from October 1 through September 30. 
Contributions shall be paid in U.S. dollars, unless the 
Director-General requests contributions in some other form. 
Contributions shall be committed the first day of the financial 
year and made available as the Director-General determines 
necessary to meet expenditures of the MFO.
    25. For the period prior to October 1, 1981, the budget of 
the MFO shall consist of such sums as the Director-General 
shall receive. Any contributions during that period will be 
credited to the share of the budget of the contributing state 
in Financial Year 1982, and thereafter as necessary, so that 
the contribution is fully credited.
    26. The Director-General shall prepare financial and 
administrative regulations consistent with this Protocol and 
submit them no later than December 1, 1981, for the approval of 
the Parties. These financial regulations shall include a 
budgetary process which takes into account the budgetary cycles 
of the contributing states.
    27. The Commander shall request the approval of the 
respective Party for the use of facilities on its territory 
necessary for the proper functioning of the MFO. In this 
connection, the respective Party, after giving its approval for 
the use by the MFO of land or existing buildings and their 
fixtures, will not be reimbursed by the MFO for such use.

Responsibilities of the Joint Commission Prior to Its Dissolution

    28. In accordance with Article IV of the Appendix to Annex 
I, the Joint Commission will supervise the implementation of 
the arrangements described in Annex I and its Appendix, as 
indicated in subparagraphs b, c, h, i and j of paragraph 3 of 
Article IV.
    29. The Joint Commission will implement the preparations 
required to enable the Liaison System to undertake its 
responsibilities in accordance with Article VII of Annex I.
    30. The Joint Commission will determine the modalities and 
procedures for the implementation of Phase Two, as described in 
paragraph 3(b) of Article I of Annex I, based on the modalities 
and procedures that were implemented in Phase One.

Liaison System

    31. The Liaison System will undertake the responsibilities 
indicated in paragraph I of Article VII of Annex I, and may 
discuss any other matters which the Parties by agreement may 
place before it. Meetings will be held at least once a month. 
In the event that either Party or the Commander requests a 
special meeting, it will be convened within 24 hours. The first 
meeting will be held in El-Arish not later than two weeks after 
the MFO assumes its functions. Meetings will alternate between 
El-Arish and Beer Sheba, unless the Parties otherwise agree. 
The Commander shall be invited to any meeting in which subjects 
concerning the MFO are discussed, or when either Party requests 
MFO presence. Decisions will be reached by agreement of Egypt 
and Israel.
    32. The Commander and each chief liaison officer will have 
access to one another in their respective offices. Adequate 
procedures will be worked out between the Parties with a view 
to facilitating the entry for this purpose of the 
representatives of either Party to the territory of the other.

Privileges and Immunities

    33. Each Party will accord to the MFO the privileges and 
immunities indicated in the attached Appendix.

Schedule

    34. The MFO shall assume its functions at 1300 hours on 
April 25, 1982.
    35. The MFO shall be in place by 1300 hours, on March 20, 
1982.

                                APPENDIX

   [to the Protocol to the Treaty of Peace between Egypt and Israel]

Definitions

    1. The ``Multinational Force and Observers'' (hereinafter 
referred to as ``the MFO'') is that organization established by 
the Protocol.
    2. For the purposes of this Appendix, the term ``Member of 
the MFO'' refers to the Director-General, the Commander and any 
person, other than a resident of the Receiving State, belonging 
to the military contingent of a Participating State or 
otherwise under the authority of the Director-General, and his 
spouse and minor children, as appropriate.
    3. The ``Receiving State'' means the authorities of Egypt 
or Israel as appropriate, and the territories under their 
control. ``Government authorities'' includes all national and 
local, civil and military authorities called upon to perform 
functions relating to the MFO under the provisions of this 
Appendix, without prejudice to the ultimate responsibility of 
the Government of the Receiving State.
    4. ``Resident of the Receiving State'' includes (a) a 
person with citizenship of the Receiving State, (b) a person 
resident therein or (c) a person present in the territory of 
the Receiving State other than a member of the MFO.
    5. ``Participating State'' means a State that contributes 
personnel to the MFO.

Duties of MFO in the Receiving State:

    6. (a) Members of the MFO shall respect the laws and 
regulations of the Receiving State and shall refrain from any 
activity of a political character in the Receiving State and 
from any action incompatible with the international nature of 
their duties or inconsistent with the spirit of the present 
arrangements. The Director-General shall take all appropriate 
measures to ensure the observance of these obligations.
    (b) In the performance of their duties for the MFO, members 
of the MFO shall receive their instructions only from the 
Director-General and the chain of command designated by him.
    (c) Members of the MFO shall exercise the utmost discretion 
in regard to all matters relating to their duties and 
functions. They shall not communicate to any person any 
information known to them by reason of their position with the 
MFO which has not been made public, except in the course of 
their duties or by authorization of the Director-General. These 
obligations do not cease upon the termination of their 
assignment with the MFO.
    (d) The Director-General will ensure that in the Standing 
Operating Procedures of the MFO, there will be arrangements to 
avoid accidental or inadvertent threats to the safety of MFO 
members.

Entry and Exit: Identification

    7. Individual or collective passports shall be issued by 
the Participating States for members of the MFO. The Director-
General shall notify the Receiving State of the names and 
scheduled time of arrival of MFO members, and other necessary 
information. The Receiving State shall issue an individual or 
collective multiple entry visa as appropriate prior to that 
travel. No other documents shall be required for a member of 
the MFO to enter or leave the Receiving State. Members of the 
MFO shall be exempt from immigration inspection and 
restrictions on entering or departing from the territory of the 
Receiving State. They shall also be exempt from any regulations 
governing the residence of aliens in the Receiving State, 
including registration, but shall not be considered as 
acquiring any right to permanent residence or domicile in the 
Receiving State. The Receiving State shall also provide each 
member of the Force with a personal identity card prior to or 
upon his arrival.
    8. Members of the MFO will at all times carry their 
personal identity cards issued by the Receiving State. Members 
of the MFO may be required to present, but not to surrender, 
their passport or identity cards upon demand of an appropriate 
authority of the Receiving State. Except as provided in 
paragraph 7 of this Appendix, the passport or identity card 
will be the only document required for a member of the MFO.
    9. If a member of the MFO leaves the services of the 
Participating State to which he belongs and is not repatriated, 
the Director-General shall immediately inform the authorities 
of the Receiving State, giving such particulars as may be 
required. The Director-General shall similarly inform the 
authorities of the Receiving State of any member of the MFO who 
has absented himself for more than 21 days. if an expulsion 
order against the ex-member of the MFO has been made, the 
Director-General shall be responsible for ensuring that the 
person concerned shall be received within the territory of the 
Participating State concerned.

Jurisdiction

    10. The following arrangements respecting criminal and 
civil jurisdiction are made having regard to the special 
functions of the MFO and not for the personal benefit of the 
members of the MFO. The Director-General shall cooperate at all 
times with the appropriate authorities of the Receiving State 
to facilitate the proper administration of justice, secure the 
observance of laws and regulations and prevent the occurrence 
of any abuse in connection with the privileges, immunities and 
facilities mentioned in this Appendix.

Criminal Jurisdiction

    11. (a) Military members of the MFO and members of the 
civilian observer group of the MFO shall be subject to the 
exclusive jurisdiction of their respective national states in 
respect of any criminal offenses which may be committed by them 
in the Receiving State. Any such person who is charged with the 
commission of a crime will be brought to trial by the 
respective Participating State, in accordance with Its laws.
    (b) Subject to Paragraph 25, other members of the MFO shall 
be immune from the criminal jurisdiction of the Receiving State 
in respect of words spoken or written and all acts performed by 
them in their official capacity.
    (c) The Director-General shall obtain the assurances of 
each Participating State that it will be prepared to take the 
necessary measures to assure proper discipline of its personnel 
and to exercise jurisdiction with respect to any crime or 
offense which might be committed by its Personnel. The 
Director-General shall comply with requests of the Receiving 
State for the withdrawal from its territory of any member of 
the MFO who violates its laws, regulations, customs or 
traditions. The Director-General, with the consent of the 
Participating State, may waive the immunity of a member of the 
MFO.
    (d) Without prejudice to the foregoing, a Participating 
State may enter into a supplementary arrangement with the 
Receiving State to limit or waive the immunities of its members 
of the MFO who are on periods of leave while in the Receiving 
State.

Civil Jurisdiction

    12. (a) Members of the MFO shall not be subject to the 
civil jurisdiction of the courts of the Receiving State or to 
other legal process in any matter relating to their official 
duties. In a case arising from a matter relating to official 
duties and which involves a members of the MFO and a resident 
of the Receiving State, and in other disputes as agreed, the 
procedure provided in paragraph 38(b) of this Appendix shall 
apply to the settlement.
    (b) If the Director-General certifies that a member of the 
MFO is unable because of official duties or authorized absence 
to protect his interests in a civil proceeding in which he is a 
participant, the court or authority shall at his request 
suspend the proceeding until the elimination of the disability, 
but for not more than ninety days. Property of a member of the 
MFO which is certified by the Director-General to be needed by 
him for the fulfillment of his official duties shall be free 
from seizure for the satisfaction of a Judgment decision or 
order, together with other property not subject thereto under 
the law of the Receiving State. The personal liberty of a 
member of the MFO shall not be restricted by a court or other 
authority of the Receiving State in a civil proceeding, whether 
to enforce a judgment, decision or order, to compel an oath of 
disclosure, or for any other reason.
    (c) In the cases provided for in sub-paragraph (b) above, 
the claimant may elect to have his claim dealt with in 
accordance with the procedure set out in paragraph 38(b) of 
this Appendix. Where a claim adjudicated or an award made in 
favor of the claimant by a court of the Receiving State or the 
Claims Commission under paragraph 38(b) of this Appendix has 
not been satisfied, the authorities of the Receiving State may, 
without prejudice to the claimant's rights, seek the good 
offices of the Director-General to obtain satisfaction.

Notification: Certification

    13. If any civil proceeding is instituted against a member 
of the MFO, before any court of the Receiving State having 
jurisdiction, notification shall be given to the Director-
General. The Director-General shall certify to the court 
whether or not the proceeding is related to the official duties 
of such member.

Military Police: Arrest: Transfer of Custody and Mutual Assistance

    14. The Director-General shall take all appropriate 
measures to ensure maintenance of discipline and good order 
among members of the MFO. To this end military police 
designated by the Director-General shall police the premises 
referred to in paragraph 19 of this Appendix, and such areas 
where the MFO is functioning.
    15. The military police of the MFO shall immediately 
transfer to the civilian police of the Receiving State any 
individual, who is not a member of the MFO, of whom it takes 
temporary custody.
    16. The police of the Receiving State shall immediately 
transfer to the MFO any member of the MFO, of whom it takes 
temporary custody, pending a determination concerning 
jurisdiction.
    17. The Director-General and the authorities of the 
Receiving State shall assist each other concerning all offenses 
in respect of which either or both have an interest, including 
the production of witnesses, and in the collection and 
production of evidence, including the seizure and, in proper 
cases, the handing over, of things connected with an offense. 
The handing over of any such things may be made subject to 
their return within the time specified by the authority 
delivering them. Each shall notify the other of the disposition 
of any case in the outcome of which the other may have an 
interest or in which there has been a transfer of custody under 
the provisions of paragraphs 15 and 16 of this Appendix.
    18. The government of the Receiving State will ensure the 
prosecution of persons subject to its criminal jurisdiction who 
are accused of acts in relation to the MFO or its members 
which, if committed in relation to the forces of the Receiving 
State or their members, would have rendered them liable to 
prosecution. The Director-General will take the measures within 
his power with respect to crimes or offenses committed against 
citizens of the Receiving State by members of the MFO.

Premises of the MFO

    19. Without prejudice to the fact that all the premises of 
the MFO remain the territory of the Receiving State, they shall 
be inviolable and subject to the exclusive control and 
authority of the Director-General, who alone may consent to the 
entry of officials to perform duties on such premises.

MFO Flag

    20. The Receiving States permit the MFO to display a 
special flag or insignia, of a design agreed upon by them, on 
its headquarters, camps, posts, or other premises, vehicles, 
boats and otherwise as decided by the Director-General. Other 
flags or pennants may be displayed only in exceptional cases 
and in accordance with conditions prescribed by the Director-
General. Sympathetic consideration will be given to 
observations or requests of the authorities of the Receiving 
State concerning this last-mentioned matter. If the MFO flag or 
other flag is flown, the flag of the Receiving State shall be 
flown alongside it.

Uniform: Vehicle, Boats and Aircraft Markings and Registration: 
        Operating Permits

    21. Military members of the MFO shall normally wear their 
national uniform with such identifying MFO insignia as the 
Director-General may prescribe. The conditions on which the 
wearing of civilian dress is authorized shall be notified by 
the Director-General to the authorities of the Receiving State 
and sympathetic consideration will be given to observations or 
requests of the authorities of the Receiving State concerning 
this matter. Members of the MFO shall wear civilian dress while 
outside the areas where they are functioning. Service vehicles, 
boats and aircraft shall not carry the marks or license plates 
of any Participating State, but shall carry the distinctive MFO 
identification mark and license which shall be notified by the 
Director-General to the authorities of the Receiving State. 
Such vehicles, boats and aircraft shall not be subject to 
registration and licensing under the laws and regulations of 
the Receiving State. Authorities of the Receiving State shall 
accept as valid, without a test or fee, a permit or license for 
the operation of service vehicles, boats and aircraft issued by 
the Director-General. MFO drivers shall be given permits by the 
Receiving State to enable them to drive outside the areas where 
they are functioning, if these permits are required by the 
Receiving State.

Arms

    22. Members of the MFO who are off-duty shall not carry 
arms while outside the areas where they are functioning.

Privileges and Immunities of the MFO

    23. The MFO shall enjoy the status, privileges and 
immunities accorded in Article II of the Convention on the 
Privileges and Immunities of the United Nations (hereinafter, 
``the Convention''). The provisions of Article II of the 
Convention shall also apply to the property, funds and assets 
of Participating States used in the Receiving State in 
connection with the activities of the MFO. Such Participating 
States may not acquire immovable property in the Receiving 
State without agreement of the government of the Receiving 
State. The government of the Receiving State recognizes that 
the right of the MFO to import free of duty equipment for the 
MFO and provisions supplies and other goods for the exclusive 
use of members of the MFO, includes the right of the MFO to 
establish, maintain and operate at headquarters, camps and 
posts, service institutes providing amenities for the members 
of the MFO. The amenities that may be provided by service 
institutes shall be goods of a consumable nature (tobacco and 
tobacco products, beer, etc.), and other customary articles of 
small value. To the end that duty-free importation for the MFO 
may be effected with the least possible delay, having regard to 
the interests of the government of the Receiving State, a 
mutually satisfactory procedure, including documentation, shall 
be arranged between the Director-General and the customs 
authorities of the Receiving State. The Director-General shall 
take all necessary measures to prevent any abuse of the 
exemption and to prevent the sale or resale of such goods to 
persons other than the members of the MFO. Sympathetic 
consideration shall be given by the Director-General to 
observations or requests of the authorities of the Receiving 
State concerning the operation of service institutes.

Privileges and Immunities and Delegation of Authority of Director-
        General

    24. The Director-General of the MFO may delegate his powers 
to other members of the MFO.
    25. The Director-General, his deputy, the Commander, and 
his deputy, shall be accorded in respect of themselves, their 
spouses and minor children, the Privileges and immunities, 
exemptions and facilities accorded to diplomatic envoys in 
accordance with international law.

Members of the MFO: Taxation, Customs and Fiscal Regulations

    26. Members of the MFO shall be exempt from taxation by the 
Receiving State on the pay and emoluments received from their 
national governments or from the MFO. They shall also be exempt 
from all other direct taxes, fees, and charges, except for 
those levied for services rendered.
    27. Members of the MFO shall have the right to import free 
of duty their personal effects in connection with their first 
taking up their post in the Receiving State. They shall be 
subject to the laws and regulations of the Receiving State 
governing customs and foreign exchange with respect to personal 
property not required by them by reason of their presence in 
the Receiving State with the MFO. Special facilities for entry 
or exit shall be granted by the immigration, customs and fiscal 
authorities of the Receiving State to regularly constituted 
units of the MFO provided that the authorities concerned have 
been duly notified sufficiently in advance. Members of the MFO 
on departure from the area may, notwithstanding the foreign 
exchange regulations, take with then such funds as the 
Director-General certifies were received in pay and emoluments 
from their respective national governments or from the MFO and 
are a reasonable residue thereof. Special arrangements between 
the Director-General and the authorities of the Receiving State 
shall be made for the implementation of the foregoing 
provisions in the interests of the government of the Receiving 
State and members of the MFO.
    28. The Director-General will cooperate with the customs 
and fiscal authorities of the Receiving State and will render 
all assistance within his power in ensuring the observance of 
the customs and fiscal laws and regulations of the Receiving 
State by the members of the MFO in accordance with this 
Appendix or any relevant supplemental arrangements.

Communications and Postal Services

    29. The MFO shall enjoy the facilities in respect to 
communications provided for in Article III of the Convention. 
The Director-General shall have authority to install and 
operate communications systems as are necessary to perform its 
functions subject to the provisions of Article 35 of the 
International Telecommunication Convention of April 11, 1973, 
relating to harmful interference. The frequencies on which any 
such station may be operated will be duly communicated by the 
MFO to the appropriate authorities of the Receiving State. 
Appropriate consultations will be held between the MFO and the 
authorities of the Receiving State to avoid harmful 
interference. The right of the Director-General is likewise 
recognized to enjoy the priorities of government telegrams and 
telephone calls as provided for the United Nations in Article 
39 and Annex 3 of the latter Convention and in Article 5, No. 
10 of the telegraph regulations annexed thereto.
    30. The MFO shall also enjoy, within the areas where it is 
functioning, the right of unrestricted communication by radio, 
telephone, telegraph or any other means, and of establishing 
the necessary facilities for maintaining such communications 
within and between premises of the MFO, including the laying of 
cables and land lines and the establishment of fixed and mobile 
radio sending and receiving stations. It is understood that the 
telegraph and telephone cables and lines herein referred to 
will be situated within or directly between the premises of the 
MFO and the areas where it is functioning, and that connection 
with the system of telegraphs and telephones of the Receiving 
State will be made in accordance with arrangements with the 
appropriate authorities of the Receiving State.
    31. The government of the Receiving State recognizes the 
right of the MFO to make arrangements through its own 
facilities for the processing and transport of private mail 
addressed to or emanating from members of the MFO. The 
government of the Receiving State will be informed of the 
nature of such arrangements. No interference shall take place 
with, and no censorship shall be applied to, the mail of the 
MFO by the government of the Receiving State. In the event that 
postal arrangements applying to private mail of members of the 
MFO are extended to operations involving transfer of currency, 
or transport of packages or parcels from the Receiving State, 
the conditions under which such operations shall be conducted 
in the Receiving State will be agreed upon between the 
government of the Receiving State and the Director-General.

Motor Vehicle Insurance

    32. The MFO will take necessary arrangements to ensure that 
all MFO motor vehicles shall be covered by third party 
liability insurance in accordance with the laws and regulations 
of the Receiving State.

Use of Roads, Waterways, Port Facilities, Airfields and Railways

    33. When the MFO uses roads, bridges, port facilities and 
airfields it shall not be subject to payment of dues, tolls or 
charges either by way of registration or other-wise, in the 
areas where it is functioning and the normal points of access, 
except for charges that are related directly to services 
rendered. The authorities of the Receiving State, subject to 
special arrangements, will give the most favorable 
consideration to requests for the grant to members of the MFO 
of traveling facilities on its railways and of concessions with 
regard to fares.

Water, Electricity and Other Public Utilities

    34. The MFO shall have the right to the use of water, 
electricity and other public utilities at rates not less 
favorable to the MFO than those to comparable consumers. The 
authorities of the Receiving State will, upon the request of 
the Director-General, assist the MFO in obtaining water, 
electricity and other utilities required, and in the case of 
interruption or threatened interruption of service, will give 
the same priority to the needs of the MFO as to essential 
government services. The MFO shall have the right where 
necessary to generate, within the premises of the MFO either on 
land or water, electricity for the use of the MFO and to 
transmit and distribute such electricity as required by the 
MFO.

Currency of the Receiving State

    35. The Government of the Receiving State will, if 
requested by the Director-General, make available to the MFO, 
against reimbursement in U.S. dollars or other currency 
mutually acceptable, currency of the Receiving State required 
for the use of the MFO, including the pay of the members of the 
national contingents, at the rate of exchange most favorable to 
the MFO that is officially recognized by the government of the 
Receiving State.

Provisions, Supplies and Services

    36. The authorities of the Receiving State will, upon the 
request of the Director-General, assist the MFO in obtaining 
equipment, provisions, supplies and other goods and services 
required from local sources for its subsistence and operation. 
Sympathetic consideration will be given by the Director-General 
in purchases on the local market to requests or observations of 
the authorities of the Receiving State in order to avoid any 
adverse effect on the local economy. Members of the MFO may 
purchase locally goods necessary for their own consumption, and 
such services as they, need, under conditions prevailing in the 
open market.
    If members of the MFO should require medical or dental 
facilities beyond those available within the MFO, arrangements 
shall be made with the appropriate authorities of the Receiving 
State under which such facilities may be made available. The 
Director-General and the appropriate local authorities will 
cooperate with respect to sanitary services. The Director-
General and the authorities of the Receiving State shall extend 
to each other the fullest cooperation in matters concerning 
health, particularly with respect to the control of 
communicable diseases in accordance with international 
conventions; such cooperation shall extend to the exchange of 
relevant information and statistics.

Locally Recruited Personnel

    37. The MFO may recruit locally such personnel as required. 
The authorities of the Receiving State will, upon the request 
of the Director-General, assist the MFO in the recruitment of 
such personnel. Sympathetic consideration will be given by the 
Director-General in the recruitment of local personnel to 
requests or observations of authorities of the Receiving State 
in order to avoid any adverse effect on the local economy. The 
terms and conditions of employment for locally recruited 
personnel shall be prescribed by the Director-General and shall 
generally, to the extent practicable, be no less favorable than 
the practice prevailing in the Receiving State.

Settlement of Disputes or Claims

    38. Disputes or claims of a private law character shall be 
settled in accordance with the following provisions:
          (a) The MFO shall make provisions for the appropriate 
        modes of settlement of disputes or claims arising out 
        of contract or other disputes or claims of a private 
        law character to which the MFO is a party other than 
        those covered in subparagraph (b) and paragraph 39 
        following. When no such provisions have been made with 
        the contracting party, such claims shall be settled 
        according to subparagraph (b) below.
          (b) Any claim made by:
                  (i) a resident of the Receiving State against 
                the MFO or a member thereof, in respect of any 
                damages alleged to result from an act or 
                omission of such member of the MFO relating to 
                his official duties;
                  (ii) the Government of the Receiving State 
                against a member of the MFO;
                  (iii) the MFO or the Government of the 
                Receiving State against one another, that is 
                not covered by paragraph 40 of this Appendix;
        shall be settled by a Claims Commission established for 
        that purpose. One member of the Commission shall be 
        appointed by the Director-General, one member by the 
        Government of the Receiving State and a Chairman 
        jointly by the two. If the Director-General and the 
        Government of the Receiving State fail to agree on the 
        appointment of a chairman, the two members selected by 
        them shall select a chairman from the list of the 
        Permanent Court of Arbitration. An award made by the 
        Claims Commission against the MFO or a member or other 
        employee thereof or against the Government of the 
        Receiving State shall be notified to the Director-
        General or the authorities of the Receiving State as 
        the case may be, to make satisfaction thereof.
    39. Disputes concerning the terms of employment and 
conditions of service of locally recruited personnel shall be 
settled by administrative procedure to be established by the 
Director-General.
    40. All disputes between the MFO and the Government of the 
Receiving State concerning the interpretation or application of 
this Appendix which are not settled by negotiation or other 
agreed mode of settlement shall be referred for final 
settlement to a tribunal of three arbitrators, one to be named 
by the Director-General, one by the Government of the Receiving 
State, and an umpire to be chosen jointly who shall preside 
over the proceedings of this tribunal.
    41. If the two parties fail to agree on the appointment of 
the umpire within one month of the proposal of arbitration by 
one of the parties, the two members selected by them shall 
select a chairman from the list of the Permanent Court of 
Arbitration. Should a vacancy occur for any reason, the vacancy 
shall be filled within thirty days by the methods laid down in 
this paragraph for the original appointment. The tribunal shall 
come into existence upon the appointment of the chairman and at 
least one of the other members of the tribunal. Two members of 
the tribunal shall constitute a quorum for the performance of 
its functions, and for all deliberations and decisions of the 
tribunal a favorable vote of two members shall be sufficient.

Deceased Members: Disposition of Personal Property

    42. The Director-General shall have the right to take 
charge of and dispose of the body of a member of the MFO who 
dies in the territory of the Receiving State and may dispose of 
his personal property after the debts of the deceased person 
incurred in the territory of the Receiving State and owing to 
residents of the Receiving State have been settled.

Supplemental Arrangements

    43. Supplemental details for the carrying out of this 
Appendix shall be made as required between the Director-General 
and appropriate authorities designated by the Government of the 
Receiving State.

Effective Date and Duration

    44. This Appendix shall take effect from the date of the 
entry into force of the Protocol and shall remain in force for 
the duration of the Protocol. The provisions of paragraphs 38, 
39, 40 and 41 of this Appendix, relating to the settlement of 
disputes, however, shall remain in force until all claims 
arising prior to the date of termination of this Appendix and 
submitted prior to or within three months following the date of 
termination, have been settled.

                              AIDE MEMOIRE

           GUIDELINES FOR THE GOVERNMENT OF THE UNITED STATES

        PLANNING FOR THE MULTINATIONAL FORCE AND OBSERVERS (MFO)

INTRODUCTION

    The following are guidelines to governments preparing to 
assign troops for service with the MFO. The actual composition 
of such contingents being prepared will depend on the military 
policy, equipment and other national characteristics of the 
country concerned. Adherence to these guidelines where possible 
would ease to a very great extent the administrative problems 
of the contingent in the initial stages of its service with the 
MFO and enhance its operational efficiency. It would also be 
useful if representatives from national military headquarters 
were to hold further discussions with the MFO before proceeding 
to their assignment in the Sinai.

AIM

    To provide the necessary guidelines to the Government of 
the United States to enable it to organize its MFO contingent 
which will, to the maximum extent possible, be capable of 
supporting itself administratively and operationally.

ORGANIZATION

    A. The basic mission of the military units, their suggested 
organizational structures, and required capital and support 
equipment are as set forth in Annex I to the Director General's 
letter of 26 March, 1982, to the Government of the United 
States. The basic mission of the civilian observer unit is as 
set forth in Annex III to this letter.
    B. Role of Unit Commanders. Each unit commander will have 
direct access to the MFO Force Commander. Each commander's rank 
should be appropriate to the unit's size and function but 
should not exceed Lt. Colonel, since staff section chiefs and 
battalion commanders will be of that rank.
    C. Contribution to MFO Headquarters. In order to ensure 
equitable representation of all contingents at all levels, a 
number of staff officers will be assigned by each troop-
contributing state to the force headquarters. Accordingly, the 
Government of the United States is requested to provide a 
number of officers to be agreed for this purpose. The officers 
nominated to fill these posts must be staff trained.
    D. Common Language of MFO. English will be the common 
working language of this multinational force. All officers 
should be able to speak, read and write English.
    E. Clothing. Personnel should be fully equipped in 
accordance with their national scales of issue. Since the 
weather may vary from hot and dry to cold and wet, an 
appropriate range of items of clothing should be provided.
    The MFO accepts responsibility for providing the following 
items of clothing for all ranks:
          beret, MFO color--one
          field cap, MFO color--one
          hat badge, flash--one
          cloth shoulder patch--six
          armlet, olive drab--two
          scarf, MFO color--two
    The MFO will send to the troop-contributing state a minimum 
amount of berets, scarves, hat badges and shoulder patches to 
ensure that each individual may be given an initial partial 
issue. The remainder of the issue items will be obtained on 
arrival. It is imperative that the Director General be informed 
soonest of the address to enable the initial issue to be air-
freighted and arrive before the departure of the advance party.

GENERAL INFORMATION

    A. Communications. The MFO will provide communications 
among MFO elements working throughout the area of operations. 
The MFO will also provide access to the international telephone 
system for communications between national contingents and 
their home countries. Unless otherwise agreed, the contingent 
will provide equipment necessary to meet its internal 
communications requirements. Should it be decided by the 
government to have its own national radio link to its 
contingent, it may do so subject to MFO approval of equipment 
and frequency and on the understanding it will meet all the 
related costs without reimbursement by the MFO.
    B. Basic Equipment. The following stores/equipment will be 
provided by the MFO as necessary (this list is not all-
inclusive):
          Generators
          Freezers and refrigeration
          Defense stores
          Tentage (as required)
                  Personnel (sleeping accommodation)
                  Messing
                  Administration
                  Workshops
                  Stores
                  Medical inspection
          Quartermaster stores (as required)
                  Mosquito netting
                  Wardrobes
                  Tables
                  Desks
                  Chairs
                  Beds, blankets, sheets, etc.
                  Disinfectants, cleaning material, fumigants
                  Chemical toilets
          Office equipment (as required)
                  Desks
                  Tables
                  Filing cabinets
                  Typewriters
                  Calculators
                  Fans
                  Safes
          Special Equipment (as required)
                  Fire-fighting
                  Water purification
                  Observation (field, survey and night vision 
                binoculars, and night observation devices)
                  Riot control equipment
                  Tradesmen's tools (saws, drills, etc.)
                  Compressor with auxiliary equipment
    C. Personal Identification. While in transit to and from 
the mission area, contingent personnel should be in possession 
of identification in accordance with their national 
regulations. On arrival, personnel will be issued an MFO 
identification card which will be the identity document 
required within Egypt and Israel. To expedite issuance, it is 
recommended that each individual possess a minimum of six 
recent photographs approximately 3 cm by 3 cm.
    D. Passports. Individual passports will be required for 
members of troop contingents if they wish to travel in the two 
countries outside the MFO's immediate area of operations. 
Members of the troop contingents may arrive or leave the Sinai 
under the ``collective passport'' referred to in the Protocol 
(Appendix, para 7), but if a soldier wishes to take leave 
either in Egypt or Israel, or would like to be prepared for 
emergencies requiring travel outside the area, he must have his 
own passport and visa from the appropriate country.
    E. Medical. The contingent must be fully immunized against 
yellow fever. It is strongly recommended that immunization 
against tetanus, typhoid and polio be included. Gammaglobulin 
against hepatitis should be given every three months. Malaria 
prophylaxis and salt tablets are recommended while in the area. 
MFO will provide these pharmaceuticals while the unit is in the 
area.
    Preliminary planning is for the MFO to provide a central 
medical facility and staff. Medical support at the field-
hospital level and above will be provided through the 
Governments of Israel and Egypt.
    F. Ground Transport. The contingent will provide such 
vehicles as necessary to perform its mission. The MFO will 
supplement those vehicles as necessary for unit support needs.
    G. Personal Services. Haircuts, laundry, ablution and 
sanitation services will be provided by the MFO.
    H. Water. It is anticipated that water in base camps will 
be provided through a pipeline system. Adequate water tank 
trucks, water trailers, water purification equipment, if 
required, and waterpumps with hoses will also be provided as 
necessary. Jerry cans or similar containers will be provided as 
necessary for water distribution.
    I. Rations. Rations will be supplied by the MFO in 
accordance with the ``MFO Ration Scale'' which may be modified 
to be compatible with the home scales of contingents and to 
cater to national food tastes and religious dietary customs. In 
this regard it is requested that the troop-contributing 
government provide the Director General with a copy of the 
national ration scale as soon as possible.
    J. Transportation to and from the MFO Area. Initial 
movement into the area will be by air or sea as required. The 
MFO will coordinate the transportation into the area and from 
the area to the home country on the completion of the tour of 
duty and will cover all costs attendant thereto, unless 
otherwise agreed.
          1. Airlift Arranged by the MFO. In the event that the 
        initial deployment is by air and the transportation as 
        provided by the MFO, the following details are required 
        by MFO as soon as they become available:
                --Place of embarkation and name of airport;
                --Dates troops and equipment will be ready for 
                airlift;
                --Dimensions and weights of large pieces of 
                equipment;
                --Total weight of equipment and stores to be 
                airlifted; and,
                --Type and amount of dangerous cargo such as 
                ammunition, acid, batteries, kerosene, fuel and 
                oil.
          2. Movement Control. It is requested that the senior 
        member on each flight have a completed manifest showing 
        the number of passengers on board and the amount and 
        type of cargo. This manifest will be given to the MFO 
        movement control personnel on arrival. In addition, 
        personnel familiar with movement control activities 
        should be deployed on the first aircraft and be 
        prepared to assist with subsequent arrivals of their 
        contingent.
    K. Rotation. Contingents are normally rotated after serving 
a period of at least six months with the Force. These rotations 
are arranged by the MFO either by chartered commercial aircraft 
or by military airlift. It is the responsibility of the 
contingent's home government to inform the MFO at least six 
weeks prior to the rotation of the exact dates they propose for 
the rotation and the number of troops to be rotated each way. 
The rotation will involve only the personnel and their personal 
gear (including personal weapons) up to 45 kgs (unit equipment 
is not rotated.)
    A reasonable amount of additional freight may be allowed by 
air up to the available capacity of the aircraft after 
accommodating the passengers with their personal baggage. 
Contractual arrangements with commercial airlines are made by 
the MFO. Experience has shown the paramount need for close 
liaison with the MFO on all transportation arrangements. 
Failure to provide the required information in time to carry 
out the arrangements could delay the acquisition of airlift and 
the diplomatic overflight clearances.
    L. Accommodation. Accommodations shall be provided in 
accordance with the policy decided for the MFO. Generally, 
accommodation is arranged in accordance with the local 
conditions and availability of facilities. It may be 
concentrated into platoon, company, or contingent camps 
according to the operational role of the contingent. If 
civilian accommodation must be rented, arrangements will be 
concluded by the chief administrative officer of the MFO.
    M. Local Resources. If a contingent requires contractual 
services, the contingent commanding officer should forward his 
request to MFO headquarters. Contracts for services, supplies, 
equipment and other requirements will be made only through the 
chief administrative officer. Such matters include procurement 
of:
          Land and accommodation;
          Petrol, oil and lubricants;
          Fresh rations;
          Water supply;
          Rentals;
          Public service facilities;
          Laundry and cleaning;
          Civilian labor;
          Garbage disposal;
          Hair cutting;
          Cobbler services;
          Tailoring.
    N. Control of Resources. It should be stressed that once a 
contingent enters the MFO area of operation and becomes a part 
of the MFO, all equipment and supplies required thereafter 
(except for self-sufficiency) for the continued operational 
support of the contingent--and which would normally involve a 
charge to the MFO--should be requisitioned through the Director 
General's administrative channels. Since the Force Commander 
and the chief administrative officer work in close cooperation 
with the Director General, who in turn ensures liaison with 
governments, the operational needs of the various contingents 
in the field would be served most efficiently by centralizing, 
as is usual with peacekeeping forces, all requisitions of 
military supplies in this manner.
    O. Pay and Allowances. Governments providing troops are 
responsible for making payment of pay and allowances to all 
their unit personnel in accordance with their own national 
legislation. Normal salaries, benefits and allowances that 
would be paid to troops serving at home will be at the expense 
of the troop-contributing state; special pay and allowances 
required under existing national legislation for service abroad 
will be reimbursed to the troop-contributing state by the MFO.
    P. Maintenance in the Sinai. The MFO will provide for 
troops assigned to the Sinai all necessary food, lodging, and 
base support, and will absorb the costs of operations and 
maintenance. However, the troop-contributing state will pay the 
MFO an amount equivalent to the normal costs of maintaining the 
deployed personnel at home, with respect to base support, 
operations and maintenance, food and lodging.
    Q. Reimbursement for Equipment and Supplies. The troop-
contributing state will provide, at its own expense, all 
capital and support equipment required for the performance of 
its assigned mission. The MFO will pay for the transport of 
this equipment to the Sinai, and its eventual return to the 
troop-contributing state. All consumable supplies brought in by 
the national contingent at MFO request will be inspected by the 
MFO upon arrival in the area of operations and reimbursement 
will be paid on the basis of demonstrated cost.
    R. Payments for Death, Injury, Disability or Illness. 
Reimbursement for payments mace by government bases upon 
national legislation and/or regulations for death, injury, 
disability or illness attributable to service with the MFO will 
be as follows. Where periodic payments are called for under 
national legislation or regulations, reimbursement will be made 
in a lump sum based on actuarial data. In respect of death and 
disability awards, a governmental claim is required to enable 
reimbursement of payments due or made by the government 
concerned to beneficiaries in accordance with national 
legislation and/or regulations. This claim should be 
appropriately certified by the government's auditor-general or 
an official of equivalent rank/position.
    S. Official Travel of MFO Personnel. Members of the 
contingent who are required to make official duty trips to 
points where MFO food and lodging facilities cannot be provided 
will be paid at appropriate rates established by the MFO.
    T. Airline tickets will be provided by the MFO in some 
circumstances for members and escorts if repatriation is 
authorized for medical, compassionate or other reason by the 
Force Commander.
    U. MFO Orders. The Force Commander is empowered to issue 
orders consistent with the authority granted by the Director 
General of the MFO implementing the Protocol between the Arab 
Republic of Egypt and State of Israel. Such orders may be 
revised from time to time and are binding upon all members of 
the Force.
    V. Postal. The MFO provides for members of the Force the 
free dispatch to the home country of a limited amount of 
personal mail. Contingents may avail themselves of this 
service, if desired, once an agreement has been concluded 
between the troop-contributing state and the MFO. Each troop-
contributing state is required to designate a special postal 
address in the home country.
    Handling of mail to and from troop-contributing countries 
is governed by local conditions, available means of 
transportation, and any agreements between the troop-
contributing state and the postal authorities of the Receiving 
State.
    W. Currency Exchanges. Currency regulations vary from 
country to country. Regulations for currency exchange are 
established to ensure that national currency regulations are 
respected in the area as well as in neighboring countries which 
the members may visit on leave or on duty. Regulations 
pertaining to the MFO will be obtained upon arrival in the MFO 
area.
    X. Recreational Equipment. The MFO encourages units to 
bring sports equipment, personal musical instruments, and other 
recreational supplies for the use of their own units, for both 
intramural and extramural competitions.

             The Secretary of State to the Director General

                of the Multinational Force and Observers

                         THE SECRETARY OF STATE

                               WASHINGTON

                                                     March 26, 1982
Mr. Leamon R. Hunt
Director General
Multinational Force and Observers
6121 Lincolnia Road
Alexandria, Virginia 22312
    Dear Mr. Hunt:

    Thank you for your letter of March 26, 1982. I wish to 
confirm to you that the Government of the United States of 
America will contribute to the MFO an infantry battalion task 
force, a logistics support element, staff personnel, and 
civilian observers as provided in Annexes I and III to your 
letter.
    I confirm to you as well as that the Government of the 
United States hereby provides the agreements and assurances 
concerning its participation in the MFO which you requested in 
accordance with the terms of the Protocol.
    I acknowledge receipt of the Aide Memoire enclosed with 
your letter. The guidelines contained in the Aide Memoire will 
be of use to my Government in preparing and deploying its units 
for service in the MFO.
    Finally, my Government concurs with your proposal that your 
letter of March 26, 1982, including its attached Annexes I, II, 
and III, together with this reply, shall constitute an 
agreement between the Government of the United States and the 
MFO which shall enter into force on this date.
    With assurances of my highest consideration.
          Sincerely,
                                     Alexander M. Haig, Jr.        
                              Multinational Force and Observers    
                                              Post Office Box 11258
                                         Alexandria, Virginia 22312
                                                     (703) 642-8300

                                                     March 26, 1982
The Honorable Alexander M. Haig, Jr.
The Secretary of State
Washington, D. C. 20520
    Dear Mr. Secretary:

    With reference to my letter of today's date accepting your 
government's offer to contribute to the MFO in accordance with 
the Protocol to the Treaty of Peace between Egypt and Israel 
signed on March 26, 1979, it may assist if I confirm our 
understanding with respect to various aspects of participation 
in the MFO.
    (1) it is understood that, as provided in paragraph 12 of 
the Appendix to the Egypt-Israel Protocol of August 3, 1981, 
the courts or other legal process of Egypt or Israel in any 
matters relating to their official duties. It is also 
understood that, as provided in paragraph 38 of that Appendix, 
claims against a member of the MFO made by the Government of 
Egypt or Israel or by residents thereof in respect of damages 
alleged to result from an act or omission of such member 
relating to his official duties shall be settled according to 
the claims provisions of the Appendix. An award made by the 
claims commission against a member of the MFO shall be notified 
to the Director General for payment by the MFO. Accordingly, 
neither the individual member nor the participating state of 
which he is a national shall incur any liability in such 
official duty cases.
    (2) With reference to paragraph 6 of the Annex to the 
Protocol, it is understood that national contingents provided 
to the MFO shall be placed under the operational control of the 
Force Commander. The Force Commander will issue orders to the 
national contingents through the appropriate national 
contingent commander in accordance with the chain of command 
established by him pursuant to the Protocol.
    (3) It is understood that in exercising his functions under 
paragraphs 12(b), 13 and 42 of the Appendix, the Director 
General will seek relevant information from the appropriate 
national contingent commander through the Force Commander.
    (4) It is understood that in the application of paragraph 
20 of the Appendix, the Director General intends to follow the 
regulations and practices of the United Nations in its 
peacekeeping organizations so far as the display of flags and 
ensigns is concerned.
    (5) With reference to paragraph 21 of the Appendix, it is 
understood that service vehicles, boats and aircraft serving 
with the MFO shall be painted MFO colors, shall carry MFO 
identification marks and, in addition, shall carry only those 
marks or insignia as are necessary to satisfy international 
legal requirements applicable to state aircraft and boats.
    (6) With reference to paragraph 24 of the Appendix, it is 
understood that the Director General does not intend to 
delegate any of his powers directly to members of national 
contingents who are under the command of the national 
contingent commander.
    (7) It is understood that where supplementary arrangements 
are to be made, as provided in paragraph 43 of the Appendix, 
which substantially affect a national contingent, the Director 
General will first consult with the government of the affected 
participating state.
    (8) It is understood that the Director General intends to 
establish a consultative mechanism whereby he will meet with 
representatives designated by participating states accredited 
to the country where his headquarters will be located for 
briefing and discussion of issues of general concern. In 
addition, the Director General and his staff will be available 
at any time to hold bilateral consultations with participating 
state representatives on substantive issues of mutual concern.
    (9) It is understood that any disputes which may arise 
between a participating state and the MFO which cannot properly 
be resolved through normal administrative channels may be 
raised by either the MFO or the participating government for 
resolution at the diplomatic level between the Director General 
and the designated diplomatic representative of the 
participating government.
    I would appreciate your reply confirming the above 
understandings.
          Sincerely,
                                     Leamon R. Hunt
                                           Director General
                                  Multinational Force and Observers

                         THE SECRETARY OF STATE

                               WASHINGTON

                                                     March 26, 1982
Mr. Leamon R. Hunt
Director General
Multinational Force and Observers
6121 Lincolnia Road
Alexandria, Virginia 22312
    Dear Mr. Hunt:

    This is in reply to your letter of March 26, 1982 which 
sets forth a number of understandings concerning participation 
in the MFO. I am pleased to advise you that my government 
confirms the understandings set forth in our letter.
          Sincerely,
                                             Alexander M. Haig, Jr.
=======================================================================


        H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS

                                CONTENTS

                                                                   Page

 1. Charter of the United Nations................................   785
 2. International Court of Justice...............................   810
      a. Statute of the International Court of Justice (with 
          reservation)...........................................   810
      b. Declaration of United States Recognition of Compulsory 
          Jurisdiction (with ``Connally Reservation'')...........   823
      c. United States Modification Respecting Compulsory 
          Jurisdiction...........................................   824
      d. United States Termination of Declaration Respecting 
          Compulsory Jurisdiction................................   825
 3. Agreement Between the United Nations and the United States 
    Regarding the Headquarters of the United Nations.............   826
 4. Convention on Privileges and Immunities of the United Nations   837

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                  1. Charter of the United Nations \1\

  Signed at San Francisco, June 26, 1945; Ratification advised by the 
   Senate, July 28, 1945; Ratified by the President, August 8, 1945; 
Ratification deposited, August 8, 1945; Entered into force, October 24, 
1945; Proclaimed by the President, October 31, 1945; Amended, December 
      17, 1963,\2\ December 20, 1965,\3\ and December 20, 1971 \4\

We the peoples of the United Nations
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    \1\ TS 993; 59 Stat. 1031; 3 Bevans 1153.
    \2\ Articles 23, 27 and 61 amended at 16 UST 1134; TIAS 5857; 557 
UNTS 143.
    \3\ Article 109 amended at 19 UST 5450; TIAS 6529.
    \4\ Article 61 amended further at 24 UST 2225; TIAS 2255.
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Determined
    to save succeeding generations from the scourge of war, 
which twice in our lifetime has brought untold sorrow to 
mankind, and
    to reaffirm faith in fundamental human rights, in the 
dignity and worth of the human person, in the equal rights of 
men and women and of nations large and small, and
    to establish conditions under which justice and respect for 
the obligations arising from treaties and other sources of 
international law can be maintained, and
    to promote social progress and better standards of life in 
larger freedom,
And for these ends
    to practice tolerance and live together in peace with one 
another as good neighbors, and
    to unite our strength to maintain international peace and 
security, and
    to ensure, by the acceptance of principles and the 
institution of methods, that armed force shall not be used, 
save in the common interest, and
    to employ international machinery for the promotion of the 
economic and social advancement of all peoples,

Have resolved to combine our efforts to accomplish these aims.
    Accordingly, our respective Governments, through 
representatives assembled in the city of San Francisco, who 
have exhibited their full powers found to be in good and due 
form, have agreed to the present Charter of the United Nations 
and to hereby establish an international organization to be 
known as the United Nations.

                   Chapter I--Purposes and Principles

                               article 1

  The Purposes of the United Nations are:
          1. To maintain international peace and security, and 
        to that end: to take effective collective measures for 
        the prevention and removal of threats to the peace, and 
        for the suppression of acts of aggression or other 
        breaches of the peace, and to bring about by peaceful 
        means, and in conformity with the principles of justice 
        and international law, adjustment or settlement of 
        international disputes or situations which might lead 
        to a breach of the peace;
          2. To develop friendly relations among nations based 
        on respect for the principle of equal rights and self-
        determination of peoples, and to take other appropriate 
        measures to strengthen universal peace;
          3. To achieve international cooperation in solving 
        international problems of an economic, social, 
        cultural, or humanitarian character, and in promoting 
        and encouraging respect for human rights and for 
        fundamental freedoms for all without distinction as to 
        race, sex, language, or religion; and
          4. To be a center for harmonizing the actions of 
        nations in the attainment of these common ends.

                               article 2

  The Organization and its Members, in pursuit of the Purposes 
stated in Article 1, shall act in accordance with the following 
Principles.
  1. The Organization is based on the principle of the 
sovereign equality of all its Members.
  2. All Members, in order to ensure to all of them the rights 
and benefits resulting from membership, shall fulfill in good 
faith the obligations assumed by them in accordance with the 
present Charter.
  3. All Members shall settle their international disputes by 
peaceful means in such a manner that international peace and 
security, and justice, are not endangered.
  4. All Members shall refrain in their international relations 
from the threat or use of force against the territorial 
integrity or political independence of any state, or in any 
other manner inconsistent with the Purposes of the United 
Nations.
  5. All Members shall give the United Nations every assistance 
in any action it takes in accordance with the present Charter, 
and shall refrain from giving assistance to any state against 
which the United Nations is taking preventive or enforcement 
action.
  6. The Organization shall ensure that states which are not 
Members of the United Nations act in accordance with these 
Principles so far as may be necessary for the maintenance of 
international peace and security.
  7. Nothing contained in the present Charter shall authorize 
the United Nations to intervene in matters which are 
essentially within the domestic jurisdiction of any state or 
shall require the Members to submit such matters to settlement 
under the present Charter; but this principle shall not 
prejudice the application of enforcement measures under Chapter 
VII.

                         Chapter II--Membership

                               article 3

  The original Members of the United Nations shall be the 
states which, having participated in the United Nations 
Conference on International Organization at San Francisco, or 
having previously signed the Declaration by United Nations of 
January 1, 1942, sign the present Charter and ratify it in 
accordance with Article 110.

                               article 4

  1. Membership in the United Nations is open to all other 
peace-loving states which accept the obligations contained in 
the present Charter and, in the judgment of the Organization, 
are able and willing to carry out these obligations.
  2. The admission of any such state to membership in the 
United Nations will be effected by a decision of the General 
Assembly upon the recommendation of the Security Council.

                               article 5

  A Member of the United Nations against which preventive or 
enforcement action has been taken by the Security Council may 
be suspended from the exercise of the rights and privileges of 
membership by the General Assembly upon the recommendation of 
the Security Council. The exercise of these rights and 
privileges may be restored by the Security Council.

                               article 6

  A Member of the United Nations which has persistently 
violated the Principles contained in the present Charter may be 
expelled from the Organization by the General Assembly upon the 
recommendation of the Security Council.

                          Chapter III--Organs

                               article 7

  1. There are established as the principal organs of the 
United Nations: a General Assembly, a Security Council, an 
Economic and Social Council, a Trusteeship Council, an 
International Court of Justice, and a Secretariat.
  2. Such subsidiary organs as may be found necessary may be 
established in accordance with the present Charter.

                               article 8

  The United Nations shall place no restrictions on the 
eligibility of men and women to participate in any capacity and 
under conditions of equality in its principal and subsidiary 
organs.

                    Chapter IV--The General Assembly

                              Composition

                               article 9

  1. The General Assembly shall consist of all the Members of 
the United Nations.
  2. Each Member shall have not more than five representatives 
in the General Assembly.

                          Functions and Powers

                               article 10

  The General Assembly may discuss any questions or any matters 
within the scope of the present Charter or relating to the 
powers and functions of any organs provided for in the present 
Charter, and except as provided in Article 12, may make 
recommendations to the Members of the United Nations or to the 
Security Council or to both on any such questions or matters.

                               article 11

  1. The General Assembly may consider the general principles 
of cooperation in the maintenance of international peace and 
security, including the principles governing disarmament and 
the regulation of armaments, and may make recommendations with 
regard to such principles to the Members or to the Security 
Council or to both.
  2. The General Assembly may discuss any questions relating to 
the maintenance of international peace and security brought 
before it by any Member of the United Nations, or by the 
Security Council, or by a state which is not a Member of the 
United Nations in accordance with Article 35, paragraph 2, and 
except as provided in Article 12, may make recommendations with 
regard to any such questions to the state or states concerned 
or to the Security Council or to both. Any such question on 
which action is necessary shall be referred to the Security 
Council by the General Assembly either before or after 
discussion.
  3. The General Assembly may call the attention of the 
Security Council to situations which are likely to endanger 
international peace and security.
  4. The powers of the General Assembly set forth in this 
Article shall not limit the general scope of Article 10.

                               article 12

  1. While the Security Council is exercising in respect of any 
dispute or situation the functions assigned to it in the 
present Charter, the General Assembly shall not make any 
recommendation with regard to that dispute or situation unless 
the Security Council so requests.
  2. The Secretary-General, with the consent of the Security 
Council, shall notify the General Assembly at each session of 
any matters relative to the maintenance of international peace 
and security which are being dealt with by the Security Council 
and shall similarly notify the General Assembly, or the Members 
of the United Nations if the General Assembly is not in 
session, immediately the Security Council ceases to deal with 
such matters.

                               article 13

  1. The General Assembly shall initiate studies and make 
recommendations for the purpose of:
          a. promoting international cooperation in the 
        political field and encouraging the progressive 
        development of international law and its codification;
          b. promoting international cooperation in the 
        economic, social, cultural, educational, and health 
        fields, and assisting in the realization of human 
        rights and fundamental freedoms for all without 
        distinction as to race, sex, language, or religion.
  2. The further responsibilities, functions, and powers of the 
General Assembly with respect to matters mentioned in paragraph 
1(b) above are set forth in Chapters IX and X.

                               article 14

  Subject to the provisions of Article 12, the General Assembly 
may recommend measures for the peaceful adjustment of any 
situation, regardless of origin, which it deems likely to 
impair the general welfare or friendly relations among nations, 
including situations resulting from a violation of the 
provisions of the present Charter setting forth the Purposes 
and Principles of the United Nations.

                               article 15

  1. The General Assembly shall receive and consider annual and 
special reports from the Security Council; these reports shall 
include an account of the measures that the Security Council 
has decided upon or taken to maintain international peace and 
security.
  2. The General Assembly shall receive and consider reports 
from the other organs of the United Nations.

                               article 16

  The General Assembly shall perform such functions with 
respect to the international trusteeship system as are assigned 
to it under Chapters XII and XIII, including the approval of 
the trusteeship agreements for areas not designated as 
strategic.

                               article 17

  1. The General Assembly shall consider and approve the budget 
of the Organization.
  2. The expenses of the Organization shall be borne by the 
Members as apportioned by the General Assembly.
  3. The General Assembly shall consider and approve any 
financial and budgetary arrangements with specialized agencies 
referred to in Article 57 and shall examine the administrative 
budgets of such specialized agencies with a view to making 
recommendations to the agencies concerned.

                                 Voting

                               article 18

  1. Each member of the General Assembly shall have one vote.
  2. Decisions of the General Assembly on important questions 
shall be made by a two-thirds majority of the members present 
and voting. These questions shall include: recommendations with 
respect to the maintenance of international peace and security, 
the election of the non-permanent members of the Security 
Council, the election of the members of the Economic and Social 
Council, the election of members of the Trusteeship Council in 
accordance with paragraph 1(c) of Article 86, the admission of 
new Members to the United Nations, the suspension of the rights 
and privileges of membership, the expulsion of Members, 
questions relating to the operation of the trusteeship system, 
and budgetary questions.
  3. Decisions on other questions, including the determination 
of additional categories of questions to be decided by a two-
thirds majority, shall be made by a majority of the members 
present and voting.

                               article 19

  A Member of the United Nations which is in arrears in the 
payment of its financial contributions to the Organization 
shall have no vote in the General Assembly if the amount of the 
arrears equals or exceeds the amount of the contributions due 
from it for the preceding two full years. The General Assembly 
may, nevertheless, permit such a Member to vote if it is 
satisfied that the failure to pay is due to conditions beyond 
the control of the Member.

                               Procedure

                               article 20

  The General Assembly shall meet in regular annual sessions 
and in such special sessions as occasion may require. Special 
sessions shall be convoked by the Secretary-General at the 
request of the Security Council or of a majority of the Members 
of the United Nations.

                               article 21

  The General Assembly shall adopt its own rules of procedure. 
It shall elect its President for each session.

                               article 22

  The General Assembly may establish such subsidiary organs as 
it deems necessary for the performance of its functions.

                    Chapter V--The Security Council

                              Composition

                             article 23 \5\

  1. The Security Council shall consist of fifteen Members of 
the United Nations. The Republic of China, France, and the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland, and the United States of 
America shall be permanent members of the Security Council. The 
General Assembly shall elect ten other Members of the United 
Nations to be non-permanent members of the Security Council, 
due regard being specially paid, in the first instance to the 
contribution of Members of the United Nations to the 
maintenance of international peace and security and to the 
other purposes of the Organization, and also to equitable 
geographical distribution.
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    \5\ 24 UST 2225; TIAS 7739. Amendments to Articles 23, 27 and 61 of 
the Charter of the United Nations, adopted by the General Assembly on 
December 17, 1963, came into force on August 31, 1965. The amendment to 
Article 23 enlarged the membership of the Security Council from 11 to 
15. The amended Article 27 provides that decisions of the Security 
Council on procedural matters shall be made by an affirmative vote of 
nine members (formerly seven) and on all other matters by an 
affirmative vote of nine members (formerly seven), including the 
concurring votes of the five permanent members of the Security Council. 
The amendment to Article 61 enlarged the membership of the Economic and 
Social Council from 18 to 27. Another amendment, approved May 8, 1967 
corrected an oversight. When the U.N. Charter amendments approved by 
the Senate in 1965 increased the membership of the Security Council 
from 11 to 15, at the same time there was an increase from seven to 
nine in the number of affirmative votes required for Council decisions. 
Inadvertently, the United Nations failed to include in its Amendments a 
conforming change in Security Council voting requirements in Article 
109, para. 1, which was subsequently accomplished by Amendment to 
Article 109 adopted by the General Assembly to the United Nations 
December 20, 1965 (TIAS 6529).
    A further amendment to Article 61 of the Charter of the United 
Nations, adopted by the General Assembly on December 20, 1971, came 
into force on September 24, 1973. The amendment enlarged the membership 
of the Economic and Social Council from 27 to 54.
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  2. The non-permanent members of the Security Council shall be 
elected for a term of two years. In the first election of the 
non-permanent members after the increase of the membership of 
the Security Council from eleven to fifteen, two of the four 
additional members shall be chosen for a term of one year. A 
retiring member shall not be eligible for immediate re-
election.
  3. Each member of the Security Council shall have one 
representative.

                          Functions and Powers

                               article 24

  1. In order to ensure prompt and effective action by the 
United Nations, its Members confer on the Security Council 
primary responsibility for the maintenance of international 
peace and security, and agree that in carrying out its duties 
under this responsibility the Security Council acts on their 
behalf.
  2. In discharging these duties the Security Council shall act 
in accordance with the Purposes and Principles of the United 
Nations. The specific powers granted to the Security Council 
for the discharge of these duties are laid down in Chapters VI, 
VII, VIII, and XII.
  3. The Security Council shall submit annual and, when 
necessary, special reports to the General Assembly for its 
consideration.

                               article 25

  The Members of the United Nations agree to accept and carry 
out the decisions of the Security Council in accordance with 
the present Charter.

                               article 26

  In order to promote the establishment and maintenance of 
international peace and security with the least diversion for 
armaments of the world's human and economic resources, the 
Security Council shall be responsible for formulating, with the 
assistance of the Military Staff Committee referred to in 
Article 47, plans to be submitted to the Members of the United 
Nations for the establishment of a system for the regulation of 
armaments.

                                 Voting

                             article 27 \5\

  1. Each member of the Security Council shall have one vote.
  2. Decisions of the Security Council on procedural matters 
shall be made by an affirmative vote of nine members.
  3. Decisions of the Security Council on all other matters 
shall be made by an affirmative vote of nine members including 
the concurring votes of the permanent members; provided that, 
in decisions under Chapter VI, and under paragraph 3 of Article 
52, a party to a dispute shall abstain from voting.

                               Procedure

                               article 28

  1. The Security Council shall be so organized as to be able 
to function continuously. Each member of the Security Council 
shall for this purpose be represented at all times at the seat 
of the Organization.
  2. The Security Council shall hold periodic meetings at which 
each of its members may, if it so desires, be represented by a 
member of the government or by some other specially designated 
representative.
  3. The Security Council may hold meetings at such places 
other than the seat of the Organization as in its judgment will 
best facilitate its work.

                               article 29

  The Security Council may establish such subsidiary organs as 
it deems necessary for the performance of its functions.

                               article 30

  The Security Council shall adopt its own rules of procedure, 
including the method of selecting its President.

                               article 31

  Any Member of the United Nations which is not a member of the 
Security Council may participate, without vote, in the 
discussion of any question brought before the Security Council 
whenever the latter considers that the interests of that Member 
are specially affected.

                               article 32

  Any Member of the United Nations which is not a member of the 
Security Council or any state which is not a Member of the 
United Nations, if it is a party to a dispute under 
consideration by the Security Council, shall be invited to 
participate, without vote, in the discussion relating to the 
dispute. The Security Council shall lay down such conditions as 
it deems just for the participation of a state which is not a 
Member of the United Nations.

               Chapter VI--Pacific Settlement of Disputes

                               article 33

  1. The parties to any dispute, the continuance of which is 
likely to endanger the maintenance of international peace and 
security, shall, first of all, seek a solution by negotiation, 
enquiry, mediation, conciliation, arbitration, judicial 
settlement, resort to regional agencies or arrangements, or 
other peaceful means of their own choice.
  2. The Security Council shall, when it deems necessary, call 
upon the parties to settle their dispute by such means.

                               article 34

  The Security Council may investigate any dispute, or any 
situation which might lead to international friction or give 
rise to a dispute, in order to determine whether the 
continuance of the dispute or situation is likely to endanger 
the maintenance of international peace and security.

                               article 35

  1. Any Member of the United Nations may bring any dispute, or 
any situation of the nature referred to in Article 34, to the 
attention of the Security Council or of the General Assembly.
  2. A state which is not a Member of the United Nations may 
bring to the attention of the Security Council or the General 
Assembly any dispute to which it is a party if it accepts in 
advance, for the purposes of the dispute, the obligations of 
pacific settlement provided in the present Charter.
  3. The proceedings of the General Assembly in respect of 
matters brought to its attention under this Article will be 
subject to the provisions of Articles 11 and 12.

                               article 36

  1. The Security Council may, at any stage of a dispute of the 
nature referred to in Article 33 or of a situation of like 
nature, recommend appropriate procedures or methods of 
adjustment.
  2. The Security Council should take into consideration any 
procedures for the settlement of the dispute which have already 
been adopted by the parties.
  3. In making recommendations under this Article the Security 
Council should also take into consideration that legal disputes 
should as a general rule be referred by the parties to the 
International Court of Justice in accordance with the 
provisions of the Statute of the Court.

                               article 37

  1. Should the parties to a dispute of the nature referred to 
in Article 33 fail to settle it by the means indicated in that 
Article, they shall refer it to the Security Council.
  2. If the Security Council deems that the continuance of the 
dispute is in fact likely to endanger the maintenance of 
international peace and security, it shall decide whether to 
take action under Article 36 or to recommend such terms of 
settlement as it may consider appropriate.

                               article 38

  Without prejudice to the provisions of Articles 33 to 37, the 
Security Council may, if all the parties to any dispute so 
request, make recommendations to the parties with a view to a 
pacific settlement of the dispute.

 Chapter VII--Action With Respect to Threats to the Peace, Breaches of 
                   the Peace, and Acts of Aggression

                               article 39

  The Security Council shall determine the existence of any 
threat to the peace, breach of the peace, or act of aggression 
and shall make recommendations, or decide what measures shall 
be taken in accordance with Articles 41 and 42, to maintain or 
restore international peace and security.

                               article 40

  In order to prevent an aggravation of the situation, the 
Security Council may, before making the recommendation or 
deciding upon the measures provided for in Article 39, call 
upon the parties concerned to comply with such provisional 
measures as it deems necessary or desirable. Such provisional 
measures shall be without prejudice to the rights, claims, or 
position of the parties concerned. The Security Council shall 
duly take account of failure to comply with such provisional 
measures.

                               article 41

  The Security Council may decide what measures not involving 
the use of armed force are to be employed to give effect to its 
decisions and it may call upon the Members of the United 
Nations to apply such measures. These may include complete or 
partial interruption of economic relations and of rail, sea, 
air, postal, telegraphic, radio, and other means of 
communication, and the severance of diplomatic relations.

                               article 42

  Should the Security Council consider that measures provided 
for in Article 41 would be inadequate or have proved to be 
inadequate, it may take such action by air, sea, or land forces 
as may be necessary to maintain or restore international peace 
and security. Such action may include demonstrations, blockade, 
and other operations by air, sea, or land forces of Members of 
the United Nations.

                               article 43

  1. All Members of the United Nations, in order to contribute 
to the maintenance of international peace and security, 
undertake to make available to the Security Council, on its 
call and in accordance with a special agreement or agreements, 
armed forces, assistance, and facilities, including rights of 
passage, necessary for the purpose of maintaining international 
peace and security.
  2. Such agreement or agreements shall govern the numbers and 
types of forces, their degree of readiness and general 
location, and the nature of the facilities and assistance to be 
provided.
  3. The agreement or agreements shall be negotiated as soon as 
possible on the initiative of the Security Council. They shall 
be concluded between the Security Council and Members or 
between the Security Council and groups of Members and shall be 
subject to ratification by the signatory states in accordance 
with their respective constitutional processes.

                               article 44

  When the Security Council has decided to use force it shall, 
before calling upon a Member not represented on it to provide 
armed forces in fulfillment of the obligations assumed under 
Article 43, invite that Member, if the Member so desires, to 
participate in the decisions of the Security Council concerning 
the employment of contingents of that Member's armed forces.

                               article 45

  In order to enable the United Nations to take urgent military 
measures, Members shall hold immediately available national 
air-force contingents for combined international enforcement 
action. The strength and degree of readiness of these 
contingents and plans for their combined action shall be 
determined, within the limits laid down in the special 
agreement or agreements referred to in Article 43, by the 
Security Council with the assistance of the Military Staff 
Committee.

                               article 46

  Plans for the application of armed force shall be made by the 
Security Council with the assistance of the Military Staff 
Committee.

                               article 47

  1. There shall be established a Military Staff Committee to 
advise and assist the Security Council on all questions 
relating to the Security Council's military requirements for 
the maintenance of international peace and security, the 
employment and command of forces placed at its disposal, the 
regulation of armaments and possible disarmament.
  2. The Military Staff Committee shall consist of the Chiefs 
of Staff of the permanent members of the Security Council or 
their representatives. Any Member of the United Nations not 
permanently represented on the Committee shall be invited by 
the Committee to be associated with it when the efficient 
discharge of the Committee's responsibilities requires the 
participation of that Member in its work.
  3. The Military Staff Committee shall be responsible under 
the Security Council for the strategic direction of any armed 
forces placed at the disposal of the Security Council. 
Questions relating to the command of such forces shall be 
worked out subsequently.
  4. The Military Staff Committee, with the authorization of 
the Security Council and after consultation with appropriate 
regional agencies, may establish regional subcommittees.

                               article 48

  1. The action required to carry out the decisions of the 
Security Council for the maintenance of international peace and 
security shall be taken by all the Members of the United 
Nations or by some of them, as the Security Council may 
determine.
  2. Such decisions shall be carried out by the Members of the 
United Nations directly and through their action in the 
appropriate international agencies of which they are members.

                               article 49

  The Members of the United Nations shall join in affording 
mutual assistance in carrying out the measures decided upon by 
the Security Council.

                               article 50

  If preventive or enforcement measures against any state are 
taken by the Security Council, any other state, whether a 
Member of the United Nations or not, which finds itself 
confronted with special economic problems arising from the 
carrying out of those measures shall have the right to consult 
the Security Council with regard to a solution of those 
problems.

                               article 51

  Nothing in the present Charter shall impair the inherent 
right of individual or collective self-defense if an armed 
attack occurs against a Member of the United Nations, until the 
Security Council has taken the measures necessary to maintain 
international peace and security. Measures taken by Members in 
the exercise of this right of self-defense shall be immediately 
reported to the Security Council and shall not in any way 
affect the authority and responsibility of the Security Council 
under the present Charter to take at any time such action as it 
deems necessary in order to maintain or restore international 
peace and security.

                  Chapter VIII--Regional Arrangements

                               article 52

  1. Nothing in the present Charter precludes the existence of 
regional arrangements or agencies for dealing with such matters 
relating to the maintenance of international peace and security 
as are appropriate for regional action, provided that such 
arrangements or agencies and their activities are consistent 
with the Purposes and Principles of the United Nations.
  2. The Members of the United Nations entering into such 
arrangements or constituting such agencies shall make every 
effort to achieve pacific settlement of local disputes through 
such regional arrangements or by such regional agencies before 
referring them to the Security Council.
  3. The Security Council shall encourage the development of 
pacific settlement of local disputes through such regional 
arrangements or by such regional agencies either on the 
initiative of the states concerned or by reference from the 
Security Council.
  4. This Article in no way impairs the application of Articles 
34 and 35.

                               article 53

  1. The Security Council shall, where appropriate, utilize 
such regional arrangements or agencies for enforcement action 
under its authority. But no enforcement action shall be taken 
under regional arrangements or by regional agencies without the 
authorization of the Security Council, with the exception of 
measures against any enemy state, as defined in paragraph 2 of 
this Article, provided for pursuant to Article 107 or in 
regional arrangements directed against renewal of aggressive 
policy on the part of any such state, until such time as the 
Organization may, on request of the Governments concerned, be 
charged with the responsibility for preventing further 
aggression by such a state.
  2. The term enemy state as used in paragraph 1 of this 
Article applies to any state which during the Second World War 
has been an enemy of any signatory of the present Charter.

                               article 54

  The Security Council shall at all times be kept fully 
informed of activities undertaken or in contemplation under 
regional arrangements or by regional agencies for the 
maintenance of international peace and security.

       Chapter IX--International Economic and Social Cooperation

                               article 55

  With a view to the creation of conditions of stability and 
well-being which are necessary for peaceful and friendly 
relations among nations based on respect for the principle of 
equal rights and self-determination of peoples, the United 
Nations shall promote:
          a. higher standards of living, full employment, and 
        conditions of economic and social progress and 
        development;
          b. solutions of international economic, social, 
        health, and related problems; and international 
        cultural and educational cooperation; and
          c. universal respect for, and observance of, human 
        rights and fundamental freedoms for all without 
        distinction as to race, sex, language, or religion.

                               article 56

  All Members pledge themselves to take joint and separate 
action in cooperation with the Organization for the achievement 
of the purposes set forth in Article 55.

                               article 57

  1. The various specialized agencies, established by 
intergovernmental agreement and having wide international 
responsibilities, as defined in their basic instruments, in 
economic, social, cultural, educational, health, and related 
fields, shall be brought into relationship with the United 
Nations in accordance with the provisions of Article 63.
  2. Such agencies thus brought into relationship with the 
United Nations are hereinafter referred to as specialized 
agencies.

                               article 58

  The Organization shall make recommendations for the 
coordination of the policies and activities of the specialized 
agencies.

                               article 59

  The Organization shall, where appropriate, initiate 
negotiations among the states concerned for the creation of any 
new specialized agencies required for the accomplishment of the 
purposes set forth in Article 55.

                               article 60

  Responsibility for the discharge of the functions of the 
Organization set forth in this Chapter shall be vested in the 
General Assembly and, under the authority of the General 
Assembly, in the Economic and Social Council, which shall have 
for this purpose the powers set forth in Chapter X.

               Chapter X--The Economic and Social Council

                              Composition

                             article 61 \5\

  1. The Economic and Social Council shall consist of fifty-
four Members of the United Nations elected by the General 
Assembly.
  2. Subject to the provisions of paragraph 3, eighteen members 
of the Economic and Social Council shall be elected each year 
for a term of three years. A retiring member shall be eligible 
for immediate re-election.
  3. At the first election after the increase in the membership 
of the Economic and Social Council from twenty-seven to fifty-
four members, in addition to the members elected in place of 
the nine members whose term of office expires at the end of 
that year, twenty-seven additional members shall be elected. Of 
these twenty-seven additional members, the term of office of 
nine members so elected shall expire at the end of one year, 
and of nine other members at the end of two years, in 
accordance with arrangements made by the General Assembly.
  4. Each member of the Economic and Social Council shall have 
one representative.

                          Functions and Powers

                               article 62

  1. The Economic and Social Council may make or initiate 
studies and reports with respect to international economic, 
social, cultural, educational, health, and related matters and 
may make recommendations with respect to any such matters to 
the General Assembly, to the Members of the United Nations, and 
to the specialized agencies concerned.
  2. It may make recommendations for the purpose of promoting 
respect for, and observance of, human rights and fundamental 
freedoms for all.
  3. It may prepare draft conventions for submission to the 
General Assembly, with respect to matters falling within its 
competence.
  4. It may call, in accordance with the rules prescribed by 
the United Nations, international conferences on matters 
falling within its competence.

                               article 63

  1. The Economic and Social Council may enter into agreements 
with any of the agencies referred to in Article 57, defining 
the terms on which the agency concerned shall be brought into 
relationship with the United Nations. Such agreements shall be 
subject to approval by the General Assembly.
  2. It may coordinate the activities of the specialized 
agencies through consultation with and recommendations to such 
agencies and through recommendations to the General Assembly 
and to the Members of the United Nations.

                               article 64

  1. The Economic and Social Council may take appropriate steps 
to obtain regular reports from the specialized agencies. It may 
make arrangements with the Members of the United Nations and 
with the specialized agencies to obtain reports on the steps 
taken to give effect to its own recommendations and to 
recommendations on matters falling within its competence made 
by the General Assembly.
  2. It may communicate its observations on these reports to 
the General Assembly.

                               article 65

  The Economic and Social Council may furnish information to 
the Security Council and shall assist the Security Council upon 
its request.

                               article 66

  1. The Economic and Social Council shall perform such 
functions as fall within its competence in connection with the 
carrying out of the recommendations of the General Assembly.
  2. It may, with the approval of the General Assembly, perform 
services at the request of Members of the United Nations and at 
the request of specialized agencies.
  3. It shall perform such other functions as are specified 
elsewhere in the present Charter or as may be assigned to it by 
the General Assembly.

                                 Voting

                               article 67

  1. Each member of the Economic and Social Council shall have 
one vote.
  2. Decisions of the Economic and Social Council shall be made 
by a majority of the members present and voting.

                               Procedure

                               article 68

  The Economic and Social Council shall set up commissions in 
economic and social fields and for the promotion of human 
rights, and such other commissions as may be required for the 
performance of its functions.

                               article 69

  The Economic and Social Council shall invite any Member of 
the United Nations to participate, without vote, in its 
deliberations on any matter of particular concern to that 
Member.

                               article 70

  The Economic and Social Council may make arrangements for 
representatives of the specialized agencies to participate, 
without vote, in its deliberations and in those of the 
commissions established by it, and for its representatives to 
participate in the deliberations of the specialized agencies.

                               article 71

  The Economic and Social Council may make suitable 
arrangements for consultation with non-governmental 
organizations which are concerned with matters within its 
competence. Such arrangements may be made with international 
organizations and, where appropriate, with national 
organizations after consultation with the Member of the United 
Nations concerned.

                               article 72

  1. The Economic and Social Council shall adopt its own rules 
of procedure, including the method of selecting its President.
  2. The Economic and Social Council shall meet as required in 
accordance with its rules, which shall include provision for 
the convening of meetings on the request of a majority of its 
members.

    Chapter XI--Declaration Regarding Non-Self-Governing Territories

                               article 73

  Members of the United Nations which have or assume 
responsibilities for the administration of territories whose 
peoples have not yet attained a full measure of self-government 
recognize the principle that the interests of the inhabitants 
of these territories are paramount, and accept as a sacred 
trust the obligation to promote to the utmost, within the 
system of international peace and security established by the 
present Charter, the well-being of the inhabitants of these 
territories, and, to this end:
          a. to ensure, with due respect for the culture of the 
        peoples concerned, their political, economic, social, 
        and educational advancement, their just treatment, and 
        their protection against abuses;
          b. to develop self-government, to take due account of 
        the political aspirations of the peoples, and to assist 
        them in the progressive development of their free 
        political institutions, according to the particular 
        circumstances of each territory and its peoples and 
        their varying stages of advancement;
          c. to further international peace and security;
          d. to promote constructive measures of development, 
        to encourage research, and to cooperate with one 
        another and, when and where appropriate, with 
        specialized international bodies with a view to the 
        practical achievement of the social, economic, and 
        scientific purposes set forth in this Article; and
          e. to transmit regularly to the Secretary-General for 
        information purposes subject to such limitation as 
        security and constitutional considerations may require, 
        statistical and other information of a technical nature 
        relating to economic, social, and educational 
        conditions in the territories for which they are 
        respectively responsible other than those territories 
        to which Chapters XII and XIII apply.

                               article 74

  Members of the United Nations also agree that their policy in 
respect of the territories to which this Chapter applies, no 
less than in respect of their metropolitan areas, must be based 
on the general principle of good-neighborliness, due account 
being taken of the interests and well-being of the rest of the 
world, in social, economic, and commercial matters.

             Chapter XII--International Trusteeship System

                               article 75

  The United Nations shall establish under its authority an 
international trusteeship system for the administration and 
supervision of such territories as may be placed thereunder by 
subsequent individual agreements. These territories are 
hereinafter referred to as trust territories.

                               article 76

  The basic objectives of the trusteeship system, in accordance 
with the Purposes of the United Nations laid down in Article 1 
of the present Charter, shall be:
          a. to further international peace and security;
          b. to promote the political, economic, social, and 
        educational advancement of the inhabitants of the trust 
        territories, and their progressive development towards 
        self-government or independence as may be appropriate 
        to the particular circumstances of each territory and 
        its peoples and the freely expressed wishes of the 
        peoples concerned, and as may be provided by the terms 
        of each trusteeship agreement;
          c. to encourage respect for human rights and for 
        fundamental freedoms for all without distinction as to 
        race, sex, language, or religion, and to encourage 
        recognition of the interdependence of the peoples of 
        the world; and
          d. to ensure equal treatment in social, economic, and 
        commercial matters for all Members of the United 
        Nations and their nationals, and also equal treatment 
        for the latter in the administration of justice, 
        without prejudice to the attainment of the foregoing 
        objectives and subject to the provisions of Article 80.

                               article 77

  1. The trusteeship system shall apply to such territories in 
the following categories as may be placed thereunder by means 
of trusteeship agreements:
          a. territories now held under mandate;
          b. territories which may be detached from enemy 
        states as a result of the Second World War; and
          c. territories voluntarily placed under the system by 
        states responsible for their administration.
  2. It will be a matter for subsequent agreement as to which 
territories in the foregoing categories will be brought under 
the trusteeship system and upon what terms.

                               article 78

  The trusteeship system shall not apply to territories which 
have become Members of the United Nations, relationship among 
which shall be based on respect for the principle of sovereign 
equality.

                               article 79

  The terms of trusteeship for each territory to be placed 
under the trusteeship system, including any alteration or 
amendment, shall be agreed upon by the states directly 
concerned, including the mandatory power in the case of 
territories held under mandate by a Member of the United 
Nations, and shall be approved as provided for in Articles 83 
and 85.

                               article 80

  1. Except as may be agreed upon in individual trusteeship 
agreements, made under Articles 77, 79, and 81, placing each 
territory under the trusteeship system, and until such 
agreements have been concluded, nothing in this Chapter shall 
be construed in or of itself to alter in any manner the rights 
whatsoever of any states or any peoples or the terms of 
existing international instruments to which Members of the 
United Nations may respectively be parties.
  2. Paragraph 1 of this Article shall not be interpreted as 
giving grounds for delay or postponement of the negotiation and 
conclusion of agreements for placing mandated and other 
territories under the trusteeship system as provided for in 
Article 77.

                               article 81

  The trusteeship agreement shall in each case include the 
terms under which the trust territory will be administered and 
designate the authority which will exercise the administration 
of the trust territory. Such authority, hereinafter called the 
administering authority, may be one or more states or the 
Organization itself.

                               article 82

  There may be designated, in any trusteeship agreement, a 
strategic area or areas which may include part or all of the 
trust territory to which the agreement applies, without 
prejudice to any special agreement or agreements made under 
Article 43.

                               article 83

  1. All functions of the United Nations relating to strategic 
areas, including the approval of the terms of the trusteeship 
agreements and of their alteration or amendment, shall be 
exercised by the Security Council.
  2. The basic objectives set forth in Article 76 shall be 
applicable to the people of each strategic area.
  3. The Security Council shall, subject to the provisions of 
the trusteeship agreements and without prejudice to security 
considerations, avail itself of the assistance of the 
Trusteeship Council to perform those functions of the United 
Nations under the trusteeship system relating to political, 
economic, social, and educational matters in the strategic 
areas.

                               article 84

  It shall be the duty of the administering authority to ensure 
that the trust territory shall play its part in the maintenance 
of international peace and security. To this end the 
administering authority may make use of volunteer forces, 
facilities, and assistance from the trust territory in carrying 
out the obligations toward the Security Council undertaken in 
this regard by the administering authority, as well as for 
local defense and the maintenance of law and order within the 
trust territory.

                               article 85

  1. The functions of the United Nations with regard to 
trusteeship agreements for all areas not designated as 
strategic, including the approval of the terms of the 
trusteeship agreements and of their alteration or amendment, 
shall be exercised by the General Assembly.
  2. The Trusteeship Council, operating under the authority of 
the General Assembly, shall assist the General Assembly in 
carrying out these functions.

                 Chapter XIII--The Trusteeship Council

                              Composition

                               article 86

  1. The Trusteeship Council shall consist of the following 
Members of the United Nations:
          a. those Members administering trust territories;
          b. such of those Members mentioned by name in Article 
        23 as are not administering trust territories; and
          c. as many other Members elected for three-year terms 
        by the General Assembly as may be necessary to ensure 
        that the total number of members of the Trusteeship 
        Council is equally divided between those Members of the 
        United Nations which administer trust territories and 
        those which do not.
  2. Each member of the Trusteeship Council shall designate one 
specially qualified person to represent it therein.

                          Functions and Powers

                               article 87

  The General Assembly and, under its authority, the 
Trusteeship Council, in carrying out their functions, may:
          a. consider reports submitted by the administering 
        authority;
          b. accept petitions and examine them in consultation 
        with the administering authority;
          c. provide for periodic visits to the respective 
        trust territories at times agreed upon with the 
        administering authority; and
          d. take these and other actions in conformity with 
        the terms of the trusteeship agreements.

                               article 88

  The Trusteeship Council shall formulate a questionnaire on 
the political, economic, social, and educational advancement of 
the inhabitants of each trust territory, and the administering 
authority for each trust territory within the competence of the 
General Assembly shall make an annual report to the General 
Assembly upon the basis of such questionnaire.

                                 Voting

                               article 89

  1. Each member of the Trusteeship Council shall have one 
vote.
  2. Decisions of the Trusteeship Council shall be made by a 
majority of the members present and voting.

                               Procedure

                               article 90

  1. The Trusteeship Council shall adopt its own rules of 
procedure, including the method of selecting its President.
  2. The Trusteeship Council shall meet as required in 
accordance with its rules, which shall include provision for 
the convening of meetings on the request of a majority of its 
members.

                               article 91

  The Trusteeship Council shall, when appropriate, avail itself 
of the assistance of the Economic and Social Council and of the 
specialized agencies in regard to matters with which they are 
respectively concerned.

            Chapter XIV--The International Court of Justice

                               article 92

  The International Court of Justice shall be the principal 
judicial organ of the United Nations. It shall function in 
accordance with the annexed Statute, which is based upon the 
Statute of the Permanent Court of International Justice and 
forms as integral part of the present Charter.

                               article 93

  1. All Members of the United Nations are ipso facto parties 
to the Statute of the International Court of Justice.
  2. A state which is not a Member of the United Nations may 
become a party to the Statute of the International Court of 
Justice on conditions to be determined in each case by the 
General Assembly upon the recommendation of the Security 
Council.

                               article 94

  1. Each Member of the United Nations undertakes to comply 
with the decision of the International Court of Justice in any 
case to which it is a party.
  2. If any party to a case fails to perform the obligations 
incumbent upon it under a judgment rendered by the Court, the 
other party may have recourse to the Security Council, which 
may, if it deems necessary, make recommendations or decide upon 
measures to be taken to give effect to the judgment.

                               article 95

  Nothing in the present Charter shall prevent Members of the 
United Nations from entrusting the solution of their 
differences to other tribunals by virtue of agreements already 
in existence or which may be concluded in the future.

                               article 96

  1. The General Assembly or the Security Council may request 
the International Court of Justice to give an advisory opinion 
on any legal question.
  2. Other organs of the United Nations and specialized 
agencies, which may at any time be so authorized by the General 
Assembly, may also request advisory opinions of the Court on 
legal questions arising within the scope of their activities.

                      Chapter XV--The Secretariat

                               article 97

  The Secretariat shall comprise a Secretary-General and such 
staff as the Organization may require. The Secretary-General 
shall be appointed by the General Assembly upon the 
recommendation of the Security Council. He shall be the chief 
administrative officer of the Organization.

                               article 98

  The Secretary-General shall act in that capacity in all 
meetings of the General Assembly, of the Security Council, of 
the Economic and Social Council, and of the Trusteeship 
Council, and shall perform such other functions as are 
entrusted to him by these organs. The Secretary-General shall 
make an annual report to the General Assembly on the work of 
the Organization.

                               article 99

  The Secretary-General may bring to the attention of the 
Security Council any matter which in his opinion may threaten 
the maintenance of international peace and security.

                              article 100

  1. In the performance of their duties the Secretary-General 
and the staff shall not seek or receive instructions from any 
government or from any other authority external to the 
Organization. They shall refrain from any action which might 
reflect on their position as international officials 
responsible only to the Organization.
  2. Each Member of the United Nations undertakes to respect 
the exclusive international character of the responsibilities 
of the Secretary-General and the staff and not to seek to 
influence them in the discharge of their responsibilities.

                              article 101

  1. The staff shall be appointed by the Secretary-General 
under regulations established by the General Assembly.
  2. Appropriate staffs shall be permanently assigned to the 
Economic and Social Council, the Trusteeship Council, and, as 
required, to other organs of the United Nations. These staffs 
shall form a part of the Secretariat.
  3. The paramount consideration in the employment of the staff 
and in the determination of the conditions of service shall be 
the necessity of securing the highest standards of efficiency, 
competence, and integrity. Due regard shall be paid to the 
importance of recruiting the staff on as wide a geographical 
basis as possible.

                 Chapter XVI--Miscellaneous Provisions

                              article 102

  1. Every treaty and every international agreement entered 
into by any Member of the United Nations after the present 
Charter comes into force shall as soon as possible be 
registered with the Secretariat and published by it.
  2. No party to any such treaty or international agreement 
which has not been registered in accordance with the provisions 
of paragraph 1 of this Article may invoke that treaty or 
agreement before any organ of the United Nations.

                              article 103

  In the event of a conflict between the obligations of the 
Members of the United Nations under the present Charter and 
their obligations under any other international agreement, 
their obligations under the present Charter shall prevail.

                              article 104

  The Organization shall enjoy in the territory of each of its 
Members such legal capacity as may be necessary for the 
exercise of its functions and the fulfillment of its purposes.

                              article 105

  1. The Organization shall enjoy in the territory of each of 
its Members such privileges and immunities as are necessary for 
the fulfillment of its purposes.
  2. Representatives of the Members of the United Nations and 
officials of the Organization shall similarly enjoy such 
privileges and immunities as are necessary for the independent 
exercise of their functions in connection with the 
Organization.
  3. The General Assembly may make recommendations with a view 
to determining the details of the application of paragraphs 1 
and 2 of this Article or may propose conventions to the Members 
of the United Nations for this purpose.

            Chapter XVII--Transitional Security Arrangements

                              article 106

  Pending the coming into force of such special agreements 
referred to in Article 43 as in the opinion of the Security 
Council enable it to begin the exercise of its responsibilities 
under Article 42, the parties to the Four-Nation Declaration, 
signed in Moscow, October 30, 1943, and France, shall, in 
accordance with the provisions of paragraph 5 of that 
Declaration, consult with one another and as occasion requires 
with other Members of the United Nations with a view to such 
joint action on behalf of the Organization as may be necessary 
for the purpose of maintaining international peace and 
security.

                              article 107

  Nothing in the present Charter shall invalidate or preclude 
action, in relation to any state which during the Second World 
War has been an enemy of any signatory to the present Charter, 
taken or authorized as a result of that war by the Governments 
having responsibility for such action.

                       Chapter XVIII--Amendments

                              article 108

  Amendments to the present Charter shall come into force for 
all Members of the United Nations when they have been adopted 
by a vote of two thirds of the members of the General Assembly 
and ratified in accordance with their respective constitutional 
processes by two thirds of the Members of the United Nations, 
including all the permanent members of the Security Council.

                            article 109 \5\

  1. A General Conference of the Members of the United Nations 
for the purpose of reviewing the present Charter may be held at 
a date and place to be fixed by a two-thirds vote of the 
members of the General Assembly and by a vote of any nine 
members of the Security Council. Each Member of the United 
Nations shall have one vote in the conference.
  2. Any alteration of the present Charter recommended by a 
two-thirds vote of the conference shall take effect when 
ratified in accordance with their respective constitutional 
processes by two-thirds of the Members of the United Nations 
including all the permanent members of the Security Council.
  3. If such a conference has not been held before the tenth 
annual session of the General Assembly following the coming 
into force of the present Charter, the proposal to call such a 
conference shall be placed on the agenda of that session of the 
General Assembly, and the conference shall be held if so 
decided by a majority vote of the members of the General 
Assembly and by a vote of any seven members of the Security 
Council.

                Chapter XIX--Ratification and Signature

                              article 110

  1. The present Charter shall be ratified by the signatory 
states in accordance with their respective constitutional 
processes.
  2. The ratification shall be deposited with the Government of 
the United States of America, which shall notify all the 
signatory states of each deposit as well as the Secretary-
General of the Organization when he has been appointed.
  3. The present Charter shall come into force upon the deposit 
of ratifications by the Republic of China, France, the Union of 
Soviet Socialist Republics, the United Kingdom of Great Britain 
and Northern Ireland, and the United States of America, and by 
a majority of other signatory states. A protocol of the 
ratifications deposited shall thereupon be drawn up by the 
Government of the United States of America which shall 
communicate copies thereof to all the signatory states.
  4. The states signatory to the present Charter which ratify 
it after it has come into force will become original Members of 
the United Nations on the date of the deposit of their 
respective ratifications.

                              article 111

  The present Charter, of which the Chinese, French, Russian, 
English, and Spanish texts are equally authentic, shall remain 
deposited in the archives of the Government of the United 
States of America. Duly certified copies thereof shall be 
transmitted by that Government to the Governments of the other 
signatory states.
                   2. International Court of Justice

a. Statute of the International Court of Justice \1\ (with reservation) 
                                  \2\

  Signed at San Francisco, June 26, 1945; Ratification advised by the 
   Senate, July 28, 1945; Ratified by the President, August 8, 1945; 
 Ratification deposited, August 8, 1945; Effective, October 24, 1945; 
             Proclaimed by the President, October 31, 1945

                               article 1

    The International Court of Justice established by the 
Charter of the United Nations as the principle judicial organ 
of the United nations shall be constituted and shall function 
in accordance with the provisions of the present Statute.
---------------------------------------------------------------------------
    \1\ 59 Stat. 1055; TS 993: 3 Bevans 1153 at 1179. Also see chapter 
XIV of the Charter of the United Nations. The Statute of the 
International Court of Justice is annexed to the Charter of the United 
Nations.
    \2\ Declaration with Connally Reservation signed by the President 
August 14, 1956 (61 Stat. 1218; TIAS 1598; 4 Bevans 140; 1 UNTS 9).
---------------------------------------------------------------------------

                  Chapter I--Organization of the Court

                               article 2

  The Court shall be composed of a body of independent judges, 
elected regardless of their nationality from among persons of 
high moral character, who possess the qualifications required 
in their respective countries for appointment to the highest 
judicial offices, or are jurisconsults of recognized competence 
in international law.

                               article 3

  1. The Court shall consist of fifteen members, no two of whom 
may be nationals of the same state.
  2. A person who for the purposes of membership in the Court 
could be regarded as a national of more than one state shall be 
deemed to be a national of the one in which he ordinarily 
exercises civil and political rights.

                               article 4

  1. The members of the Court shall be elected by the General 
Assembly and by the Security Council from a list of persons 
nominated by the national groups in the Permanent Court of 
Arbitration, in accordance with the following provisions.
  2. In the case of Members of the United Nations not 
represented in the Permanent Court of Arbitration, candidates 
shall be nominated by national groups appointed for this 
purpose by their governments under the same conditions as those 
prescribed for members of the Permanent Court of Arbitration by 
Article 44 of the Convention of The Hague of 1907 for the 
pacific settlement of international disputes.
  3. The conditions under which a state which is a party to the 
present Statute but is not a Member of the United Nations may 
participate in electing the members of the Court shall, in the 
absence of a special agreement, be laid down by the General 
Assembly upon recommendation of the Security Council.

                               article 5

  1. At least three months before the date of the election, the 
Secretary-General of the United Nations shall address a written 
request to the members of the Permanent Court of Arbitration 
belonging to the states which are parties to the present 
Statute, and to the members of the national groups appointed 
under Article 4, paragraph 2, inviting them to undertake, 
within a given time, by national groups, the nomination of 
persons in a position to accept the duties of a member of the 
Court.
  2. No group may nominate more than four persons, not more 
than two of whom shall be of their own nationality. In no case 
may the number of candidates nominated by a group be more than 
double the number of seats to be filled.

                               article 6

    Before making these nominations, each national group is 
recommended to consult its highest court of justice, its legal 
faculties and schools of law, and its national academies and 
national sections of international academies devoted to the 
study of law.

                               article 7

  1. The Secretary-General shall prepare a list in alphabetical 
order of all the persons thus nominated. Save as provided in 
article 12, paragraph 2, these shall be the only persons 
eligible.
  2. The Secretary-General shall submit this list to the 
General Assembly and to the Security Council.

                               article 8

  The General Assembly and the Security Council shall proceed 
independently of one another to elect the members of the Court.

                               article 9

  At every election, the electors shall bear in mind not only 
that the persons to be elected should individually possess the 
qualifications required, but also that in the body as a whole 
the representation of the main forms of civilization and of the 
principal legal systems of the world should be assured.

                               article 10

  1. Those candidates who obtain an absolute majority of votes 
in the General Assembly and in the Security Council shall be 
considered as elected.
  2. Any vote of the Security Council, whether for the election 
of judges or for the appointment of members of the conference 
envisaged in article 12, shall be taken without any distinction 
between permanent and non-permanent members of the Security 
Council.
  3. In the event of more than one national of the same state 
obtaining an absolute majority of the votes both of the General 
Assembly and of the Security Council, the eldest of these only 
shall be considered as elected.

                               article 11

  If, after the first meeting held for the purpose of the 
election, one or more seats remain to be filled, a second and, 
if necessary, a third meeting shall take place.

                               article 12

  1. If, after the third meeting, one or more seats still 
remain unfilled, a joint conference consisting of six members, 
three appointed by the General Assembly and three by the 
Security Council, may be formed at any time at the request of 
either the General Assembly or the Security Council, for the 
purpose of choosing by the vote of an absolute majority one 
name for each seat still vacant, to submit to the General 
Assembly and the Security Council for their respective 
acceptance.
  2. If the joint conference is unanimously agreed upon any 
person who fulfills the required conditions, he may be included 
in its list, even though he was not included in the list of 
nominations referred to in Article 7.
  3. If the joint conference is satisfied that it will not be 
successful in procuring an election, those members of the Court 
who have already been elected shall, within a period to be 
fixed by the Security Council, proceed to fill the vacant seats 
by selection from among those candidates who have obtained 
votes either in the General Assembly or in the Security 
Council.
  4. In the event of an equality of votes among the judges, the 
eldest judge shall have a casting vote.

                               article 13

  1. The members of the Court shall be elected for nine years 
and may be re-elected; provided, however, that of the judges 
elected at the first election, the terms of five judges shall 
expire at the end of three years and the terms of five more 
judges shall expire at the end of six years.
  2. The judges whose terms are to expire at the end of the 
above-mentioned initial periods of three and six years shall be 
chosen by lot to be drawn by the Secretary-General immediately 
after the first election has been completed.
  3. The members of the Court shall continue to discharge their 
duties until their places have been filled. Though replaced, 
they shall finish any cases which they may have begun.
  4. In the case of the resignation of a member of the Court, 
the resignation shall be addressed to the President of the 
Court for transmission to the Secretary-General. This last 
notification makes the place vacant.

                               article 14

  Vacancies shall be filled by the same method as that laid 
down for the first election, subject to the following 
provision: the Secretary-General shall, within one month of the 
occurrence of the vacancy, proceed to issue the invitations 
provided for in Article 5, and the date of the election shall 
be fixed by the Security Council.

                               article 15

  A member of the Court elected to replace a member whose term 
of office has not expired shall hold office for the remainder 
of his predecessor's term.

                               article 16

  1. No member of the Court may exercise any political or 
administrative function, or engage in any other occupation of a 
professional nature.
  2. Any doubt on this point shall be settled by the decision 
of the Court.

                               article 17

  1. No member of the Court may act as agent, counsel, or 
advocate in any case.
  2. No member may participate in the decision of any case in 
which he has previously taken part as agent, counsel, or 
advocate for one of the parties, or as a member of a national 
or international court, or of a commission of enquiry, or in 
any other capacity.
  3. Any doubt on this point shall be settled by the decision 
of the Court.

                               article 18

  1. No member of the Court can be dismissed unless, in the 
unanimous opinion of the other members, he has ceased to 
fulfill the required conditions.
  2. Formal notification thereof shall be made to the 
Secretary-General by the Registrar.
  3. This notification makes the place vacant.

                               article 19

  The members of the Court, when engaged on the business of the 
Court, shall enjoy diplomatic privileges and immunities.

                               article 20

  Every member of the Court shall, before taking up his duties, 
make a solemn declaration in open court that he will exercise 
his powers impartially and conscientiously.

                               article 21

  1. The Court shall elect its President and Vice-President for 
three years; they may be re-elected.
  2. The Court shall appoint its Registrar and may provide for 
the appointment of such other officers as may be necessary.

                               article 22

  1. The seat of the Court shall be established at The Hague. 
This, however, shall not prevent the Court from sitting and 
exercising its functions elsewhere whenever the Court considers 
it desirable.
  2. The President and the Registrar shall reside at the seat 
of the Court.

                               article 23

  1. The Court shall remain permanently in session, except 
during the judicial vacations, the dates and duration of which 
shall be fixed by the Court.
  2. Members of the Court are entitled to periodic leave, the 
dates and duration of which shall be fixed by the Court, having 
in mind the distance between The Hague and the home of each 
judge.
  3. Members of the Court shall be bound, unless they are on 
leave or prevented from attending by illness or other serious 
reasons duly explained to the President, to hold themselves 
permanently at the disposal of the Court.

                               article 24

  1. If, for some special reason, a member of the Court 
considers that he should not take part in the decision of a 
particular case, he shall so inform the President.
  2. If the President considers that for some special reason 
one of the members of the Court should not sit in a particular 
case, he shall give him notice accordingly.
  3. If in any such case the member of the Court and the 
President disagree, the matter shall be settled by the decision 
of the Court.

                               article 25

  1. The full Court shall sit except when it is expressly 
provided otherwise in the present Statute.
  2. Subject to the condition that the number of judges 
available to constitute the Court is not thereby reduced below 
eleven, the Rules of the Court may provide for allowing one or 
more judges, according to circumstances and in rotation, to be 
dispensed from sitting.
  3. A quorum of nine judges shall suffice to constitute the 
Court.

                               article 26

  1. The Court may from time to time form one or more chambers, 
composed of three or more judges as the Court may determine, 
for dealing with particular categories of cases; for example, 
labor cases and cases relating to transit and communications.
  2. The Court may at any time form a chamber for dealing with 
a particular case. The number of judges to constitute such a 
chamber shall be determined by the Court with the approval of 
the parties.
  3. Cases shall be heard and determined by the chambers 
provided for in this Article if the parties so request.

                               article 27

  A judgment given by any of the chambers provided for in 
Articles 26 and 29 shall be considered as rendered by the 
Court.

                               article 28

  The chambers provided for in Articles 26 and 29 may, with the 
consent of the parties, sit and exercise their functions 
elsewhere than at The Hague.

                               article 29

  With a view to the speedy dispatch of business, the Court 
shall form annually a chamber composed of five judges which, at 
the request of the parties, may hear and determine cases by 
summary procedure. In addition, two judges shall be selected 
for the purpose of replacing judges who find it impossible to 
sit.

                               article 30

  1. The Court shall frame rules for carrying out its function. 
In particular, it shall lay down rules of procedure.
  2. The Rules of the Court may provide for assessors to sit 
with the Court or with any of its chambers, without the right 
to vote.

                               article 31

  1. Judges of the nationality of each of the parties shall 
retain their right to sit in the case before the Court.
  2. If the Court includes upon the Bench a judge of the 
nationality of one of the parties, any other party may choose a 
person to sit as judge. Such person shall be chosen preferably 
from among those persons who have been nominated as candidates 
as provided in Articles 4 and 5.
  3. If the Court includes upon the Bench no judge of the 
nationality of the parties, each of these parties may proceed 
to choose a judge as provided in paragraph 2 of this Article.
  4. The provisions of this Article shall apply to the case of 
Articles 26 and 29. In such cases, the President shall request 
one or, if necessary, two of the members of the Court of the 
nationality of the parties concerned, and, failing such, or if 
they are unable to be present, to the judges specially chosen 
by the parties.
  5. Should there be several parties in the same interest, they 
shall, for the purpose of the preceding provisions, be reckoned 
as one party only. Any doubt upon this point shall be settled 
by the decision of the Court.
  6. Judges chosen as laid down in paragraphs 2, 3, and 4 of 
this Article shall fulfill the conditions required by Articles 
2, 17 (paragraph 2), 20, and 24 of the present Statute. They 
shall take part in the decision on terms of complete equality 
with their colleagues.

                               article 32

  1. Each member of the Court shall receive an annual salary.
  2. The President shall receive a special annual allowance.
  3. The Vice-President shall receive a special allowance for 
every day on which he acts as President.
  4. The judges chosen under Article 31, other than members of 
the Court, shall receive compensation for each day on which 
they exercise their functions.
  5. These salaries, allowances, and compensation shall be 
fixed by the General Assembly. They may not be decreased during 
the term of office.
  6. The salary of the Registrar shall be fixed by the General 
Assembly on the proposal of the Court.
  7. Regulations made by the General Assembly shall fix the 
conditions under which retirement pensions may be given to 
members of the Court and to the Registrar, and the conditions 
under which members of the Court and the Registrar shall have 
their traveling expenses refunded.
  8. The above salaries, allowances, and compensation shall be 
free of all taxation.

                               article 33

  The expenses of the Court shall be borne by the United 
Nations in such a manner as shall be decided by the General 
Assembly.

                  Chapter II--Competence of the Court

                               article 34

  1. Only states may be parties before the Court.
  2. The Court, subject to and in conformity with its Rules, 
may request of public international organizations information 
relevant to cases before it, and shall receive such information 
presented by such organizations on their own initiative.
  3. Whenever the construction of the constituent instrument of 
a public international organization or of an international 
convention adopted thereunder is in question in a case before 
the Court, the Registrar shall so notify the public 
international organization concerned and shall communicate to 
it copies of all the written proceedings.

                               article 35

  1. The Court shall be open to the states parties to the 
present Statute.
  2. The conditions under which the Court shall be open to 
other states shall, subject to the special provisions contained 
in treaties in force, be laid down by the Security Council, but 
in no case shall such conditions place the parties in a 
position of inequality before the Court.
  3. When a state which is not a Member of the United Nations 
is a party to a case, the Court shall fix the amount which that 
party is to contribute towards the expenses of the Court. This 
provision shall not apply if such state is bearing a share of 
the expenses of the Court.

                               article 36

  1. The jurisdiction of the Court comprises all cases which 
the parties refer to it and all matters specifically provided 
for in the Charter of the United Nations or in treaties and 
conventions in force.
  2. The states parties to the present Statute may at any time 
declare that they recognize as compulsory ipso facto and 
without special agreement, in relation to any other state 
accepting the same obligation, the jurisdiction of the Court in 
all legal disputes concerning:
          a. the interpretation of a treaty;
          b. any question of international law;
          c. the existence of any fact which, if established, 
        would constitute a breach of an international 
        obligation;
          d. the nature or extent of the reparation to be made 
        for the breach of an international obligation.
  3. The declarations referred to above may be made 
unconditionally or on condition of reciprocity on the part of 
several or certain states, or for a certain time.
  4. Such declarations shall be deposited with the Secretary-
General of the United Nations, who shall transmit copies 
thereof to the parties to the Statute and to the Registrar of 
the Court.
  5. Declarations made under Article 36 of the Statute of the 
Permanent Court of International Justice and which are still in 
force shall be deemed, as between the parties to the present 
Statute, to be acceptances to the compulsory jurisdiction of 
the International Court of Justice for the period which they 
still have to run in accordance with their terms.
  6. In the event of a dispute as to whether the Court has 
jurisdiction, the matter shall be settled by the decision of 
the Court.

                               article 37

  Whenever a treaty or convention in force provides for 
reference of a matter to a tribunal to have been instituted by 
the League of Nations, or to the Permanent Court of 
International Justice, the matter shall, as between the parties 
to the present Statute, be referred to the International Court 
of Justice.

                               article 38

  1. The Court, whose function is to decide in accordance with 
international law such disputes as are submitted to it, shall 
apply:
          a. international conventions, whether general or 
        particular, establishing rules expressly recognized by 
        the contesting states;
          b. international custom, as evidence of a general 
        practice accepted as law;
          c. the general principles of law recognized by 
        civilized nations;
          d. subject to the provisions of Article 59, judicial 
        decisions and the teachings of the most highly 
        qualified publicists of the various nations, as 
        subsidiary means for the determination of rules of law.
  2. This provision shall not prejudice the power of the Court 
to decide a case ex aequo et bono, if the parties agree 
thereto.

                         Chapter III--Procedure

                               article 39

  1. The official languages of the Court shall be French and 
English. If the parties agree that the case shall be conducted 
in French, the judgment shall be delivered in French. If the 
parties agree that the case shall be conducted in English, the 
judgment shall be delivered in English.
  2. In the absence of an agreement as to which language shall 
be employed, each party may, in the pleadings, use the language 
which it prefers; the decision of the Court shall be given in 
French and English. In this case the Court shall at the same 
time determine which of the two texts shall be considered as 
authoritative.
  3. The Court shall, at the request of any party, authorize a 
language other than French or English to be used by that party.

                               article 40

  1. Cases are brought before the Court, as the case may be, 
either by the notification of the special agreement or by a 
written application addressed to the Registrar. In either case 
the subject of the dispute and the parties shall be indicated.
  2. The Registrar shall forthwith communicate the application 
to all concerned.
  3. He shall also notify the Members of the United Nations 
through the Secretary-General, and also any other states 
entitled to appear before the Court.

                               article 41

  1. The Court shall have the power to indicate, if it 
considers that circumstances so require, any provisional 
measures which ought to be taken to preserve the respective 
rights of either party.
  2. Pending the final decision, notice of the measures 
suggested shall forthwith be given to the parties and to the 
Security Council.

                               article 42

  1. The parties shall be represented by agents.
  2. They may have the assistance of counsel or advocates 
before the Court.
  3. The agents, counsel, and advocates of parties before the 
Court shall enjoy the privileges and immunities necessary to 
the independent exercise of their duties.

                               article 43

  1. The procedure shall consist of two parts: written and 
oral.
  2. The written proceedings shall consist of the communication 
to the Court and to the parties of memorials, counter-memorials 
and, if necessary, replies; also all papers and documents in 
support.
  3. These communications shall be made through the Registrar, 
in the order and within the time fixed by the Court.
  4. A certified copy of every document produced by one party 
shall be communicated to the other party.
  5. The oral proceedings shall consist of the hearing by the 
Court of witnesses, experts, agents, counsel, and advocates.

                               article 44

  1. For the service of all notices upon persons other than the 
agents, counsel, and advocates, the Court shall apply direct to 
the government of the state upon whose territory the notice has 
to be served.
  2. The same provision shall apply whenever steps are to be 
taken to procure evidence on the spot.

                               article 45

  The hearing shall be under the control of the President or, 
if he is unable to preside, of the Vice-President; if neither 
is able to preside, the senior judge present shall preside.

                               article 46

  The hearing in Court shall be public, unless the Court shall 
decide otherwise, or unless the parties demand that the public 
be not admitted.

                               article 47

  1. Minutes shall be made at each hearing and signed by the 
Registrar and the President.
  2. These minutes alone shall be authentic.

                               article 48

  The Court shall make orders for the conduct of the case, 
shall decide the form and time in which each party must 
conclude its arguments, and make all arrangements connected 
with the taking of evidence.

                               article 49

  The Court may, even before the hearing begins, call upon the 
agents to produce any document or to supply any explanations. 
Formal note shall be taken of any refusal.

                               article 50

  The Court may, at any time, entrust any individual, body, 
bureau, commission, or other organization that it may select, 
with the task of carrying out an enquiry or giving an expert 
opinion.

                               article 51

  During the hearing any relevant questions are to be put to 
the witnesses and experts under the conditions laid down by the 
Court in the rules of procedure referred to in Article 30.

                               article 52

  After the Court has received the proofs and evidence within 
the time specified for the purpose, it may refuse to accept any 
further oral or written evidence that one party may desire to 
present unless the other side consents.

                               article 53

  1. Whenever one of the parties does not appear before the 
Court, or fails to defend its case, the other party may call 
upon the Court to decide in favor of its claim.
  2. The Court must, before doing so, satisfy itself, not only 
that it has jurisdiction in accordance with Articles 36 and 37, 
but also that the claim is well founded in fact and law.

                               article 54

  1. When, subject to the control of the Court, the agents, 
counsel, and advocates have completed their presentation of the 
case, the President shall declare the hearing closed.
  2. The Court shall withdraw to consider the judgment.
  3. The deliberations of the Court shall take place in private 
and remain secret.

                               article 55

  1. All questions shall be decided by a majority of the judges 
present.
  2. In the event of an equality of votes, the President or the 
judge who acts in his place shall have a casting vote.

                               article 56

  1. The judgment shall state the reasons on which it is based.
  2. It shall contain the names of the judges who have taken 
part in the decision.

                               article 57

  If the judgment does not represent in whole or in part the 
unanimous opinion of the judges, any judge shall be entitled to 
deliver a separate opinion.

                               article 58

  The judgment shall be signed by the President and by the 
Registrar. It shall be read in open court, due notice having 
been given to the agents.

                               article 59

  The decision of the Court has no binding force except between 
the parties and in respect of that particular case.

                               article 60

  The judgment is final and without appeal. In the event of 
dispute as to the meaning or scope of the judgment, the Court 
shall construe it upon the request of any party.

                               article 61

  1. An application for revision of a judgment may be made only 
when it is based upon the discovery of some fact of such a 
nature as to be a decisive factor, which fact was, when the 
judgment was given, unknown to the Court and also to the party 
claiming revision, always provided that such ignorance was not 
due to negligence.
  2. The proceedings for revision shall be open by a judgment 
of the Court expressly recording the existence of the new fact, 
recognizing that it has such a character as to lay the case 
open to revision, and declaring the application admissible on 
this ground.
  3. The Court may require previous compliance with the terms 
of the judgment before it admits proceedings in revision.
  4. The application for revision must be made at least within 
six months of the discovery of the new fact.
  5. No application for revision may be made after the lapse of 
ten years from the date of the judgment.

                               article 62

  1. Should a state consider that it has an interest of a legal 
nature which may be affected by the decision in the case, it 
may submit a request to the Court to be permitted to intervene.
  2. It shall be for the Court to decide upon this request.

                               article 63

  1. Whenever the construction of a convention to which states 
other than those concerned in the case are parties is in 
question, the Registrar shall notify all such states forthwith.
  2. Every state so notified has the right to intervene in the 
proceedings; but if it uses this right, the construction given 
by the judgment will be equally binding upon it.

                               article 64

  Unless otherwise decided by the Court, each party shall bear 
its own costs.

                     Chapter IV--Advisory Opinions

                               article 65

  1. The Court may give an advisory opinion on any legal 
question at the request of whatever body may be authorized by 
or in accordance with the Charter of the United Nations to make 
such a request.
  2. Questions upon which the advisory opinion of the Court is 
asked shall be laid before the Court by means of a written 
request containing an exact statement of the question upon 
which an opinion is required, and accompanied by all documents 
likely to throw light upon the question.

                               article 66

  1. The Registrar shall forthwith give notice of the request 
for an advisory opinion to all states entitled to appear before 
the Court.
  2. The Registrar shall also, by means of a special and direct 
communication, notify any state entitled to appear before the 
Court or international organization considered by the Court, 
or, should it not be sitting, by the President, as likely to be 
able to furnish information on the question, that the Court 
will be prepared to receive, within a time limit to be fixed by 
the President, written statements, or to hear, at a public 
sitting to be held for the purpose, oral statements relating to 
the question.
  3. Should any such state entitled to appear before the Court 
have failed to receive the special communication referred to in 
paragraph 2 of this Article, such state may express a desire to 
submit a written statement or to be heard; and the Court will 
decide.
  4. States and organizations having presented written or oral 
statements or both shall be permitted to comment on the 
statements made by other states or organizations in the form, 
to the extent, and within the time limits which the Court, or, 
should it not be sitting, the President, shall decide in each 
particular case. Accordingly, the Registrar shall in due time 
communicate any such written statements to states and 
organizations having submitted similar statements.

                               article 67

  The Court shall deliver its advisory opinions in open court, 
notice having been given to the Secretary-General and to the 
representatives of Members of the United Nations, of other 
states and of international organizations immediately 
concerned.

                               article 68

  In the exercise of its advisory functions the Court shall 
further be guided by the provisions of the present Statute 
which apply in contentious cases to the extent to which it 
recognizes them to be applicable.

                          Chapter V--Amendment

                               article 69

  Amendments to the present Statute shall be effected by the 
same procedure as is provided by the Charter of the United 
Nations for amendments to that Charter, subject however to any 
provisions which the General Assembly upon recommendation of 
the Security Council may adopt concerning the participation of 
states which are parties to the present Statute but are not 
Members of the United Nations.

                               article 70

  The Court shall have power to propose such amendments to the 
present Statute as it may deem necessary, through written 
communications to the Secretary-General, for consideration in 
conformity with the provisions of Article 69.
b. Declaration of United States Recognition of Compulsory Jurisdiction 
                  \1\ (with ``Connally Reservation'')

   Declaration by the President, signed August 14, 1946, respecting 
     recognition by the United States of America of the compulsory 
jurisdiction of the International Court of Justice. Deposited with the 
        Secretary General of the United Nations, August 26, 1946

        Declaration on the Part of the United States of America

    I, Harry S. Truman, President of the United States of 
America, declare on behalf of the United States of America, 
under Article 36, paragraph 2, of the Statute of the 
International Court of Justice, and in accordance with the 
Resolution of August 2, 1946,\2\ of the Senate of the United 
States of America (two-thirds of the Senators present 
concurring therein), that the United States of America 
recognizes as compulsory ipso facto and without special 
agreement, in relation to any other state accepting the same 
obligation, the jurisdiction of the International Court of 
Justice in all legal disputes hereafter arising concerning.
---------------------------------------------------------------------------
    \1\ TIAS 1598; 4 Bevans 140.
    \2\ Senate Resolution 196, 79th Congress, adopted August 3, 1946 
(61 Stat. 1218).
---------------------------------------------------------------------------
    a. the interpretation of a treaty;
    b. any question of international law;
    c. the existence of any fact which, if established, would 
constitute a breach of an international obligation;
    d. the nature or extent of the reparation to be made for 
the breach of an international obligation;
    Provided, that this declaration shall not apply to
    a. disputes the solution of which the parties shall entrust 
to other tribunals by virtue of agreements already in existence 
or which may be concluded in the future; or
    b. disputes with regard to matters which are essentially 
within the domestic jurisdiction of the United States of 
America as determined by the United States \3\ of America; or
---------------------------------------------------------------------------
    \3\ The words ``as determined by the United States'' are often 
cited as the ``Connally Reservation.''
---------------------------------------------------------------------------
    c. disputes arising under a multilateral treaty, unless (1) 
all parties to the treaty affected by the decision are also 
parties to the case before the Court, or (2) the United States 
of America specially agrees to jurisdiction; and
    Provided further, that this declaration shall remain in 
force for a period of five years and thereafter until the 
expiration of six months after notice may be given to terminate 
this declaration.

    Done at Washington this fourteenth day of August 1946.

                                   Harry S. Truman.
    c. United States Modification Respecting Compulsory Jurisdiction

                                                      6 April 1984.
    I have the honor on behalf of the Government of the United 
States of America to refer to the Declaration of my Government 
of August 26, 1946, concerning the acceptance of the United 
States of America of the compulsory jurisdiction of the 
International Court of Justice, and to state that the aforesaid 
Declaration shall not apply to disputes with any Central 
American State or arising out of or related to events in 
Central America, any of which disputes shall be settled in such 
manner as the parties to them may agree.
    Notwithstanding the terms of the aforesaid Declaration, 
this proviso shall take effect immediately and shall remain in 
force for two years, so as to foster the continuing regional 
dispute settlement process which seeks a negotiated solution to 
the interrelated political, economic and security problems of 
Central America.

                           (Signed)  George Shultz,
                                  Secretary of State of the
                                          United States of America.
   d. United States Termination of Declaration Respecting Compulsory 
                            Jurisdiction \1\

    Dear Mr. Secretary-General: I have the honor on behalf of 
the Government of the United States of America to refer to the 
declaration of my Government of 26 August 1946, as modified by 
my note of 6 April 1984, concerning the acceptance by the 
United States of America of the compulsory jurisdiction of the 
International Court of Justice, and to state that the aforesaid 
declaration is hereby terminated, with effect six months from 
the date hereof.
---------------------------------------------------------------------------
    \1\ Delivered to the Secretary-General of the United Nations at 
10:30 A.M., October 7, 1985.
---------------------------------------------------------------------------
            Sincerely yours,
                        (Signed)  George P. Shultz,
                                  Secretary of State of the
                                          United States of America.
3. Agreement Between the United Nations and the United States Regarding 
               the Headquarters of the United Nations \1\

  Agreement with Annexes signed at Lake Success, N.Y., June 26, 1947; 
     Entered into force, by an exchange of notes between the U.S. 
    Representative to the United Nations, under instruction of the 
President and the Secretary-General of the United Nations, November 21, 
   1947; Supplemented by Agreements of February 9, 1966, as amended, 
                 August 28, 1969, and December 10, 1980

          The United Nations and the United States of America,

  Desiring to conclude an agreement for the purpose of carrying 
out the Resolution adopted by the General Assembly on 14 
December 1946 to establish the seat of the United Nations in 
The City of New York and to regulate questions arising as a 
result thereof;
---------------------------------------------------------------------------
    \1\ 61 Stat. 3416; TIAS 1676; 12 Bevans 956; 11 UNTS 11. The United 
Nations Headquarters Agreement Act (Public Law 80-357; 61 Stat. 756) 
authorizing this agreement can be found in Legislation on Foreign 
Relations vol. II-B, sec. H.
---------------------------------------------------------------------------
  Have appointed as their representatives for this purpose:
          The United Nations:
                  Trygve Lie,
                          Secretary-General,
and
          The United States of America:
                  George C. Marshall,
                          Secretary of State,
  Who have agreed as follows:

                         Article I--Definitions

                               section 1

  In this agreement:
  (a) the expression ``headquarters district'' means (1) the 
area defined as such in Annex 1, (2) any other lands or 
buildings which from time to time may be included therein by 
supplemental agreement with the appropriate American 
authorities; \2\
---------------------------------------------------------------------------
    \2\ An agreement supplementing the original agreement was signed at 
New York, February 9, 1966, and entered into force the same day (17 UST 
74; TIAS 5961). The agreement adds new land to that described in Annex 
I of the original agreement signed June 26, 1947 in order to 
accommodate the United Nation's expanding needs. The additions include 
another building (801 United Nations Plaza) and part of the Alcoa Plaza 
Associates Building.
    This supplement was amended by an agreement signed at New York 
December 8, 1966 and entered into force the same day (17 UST 2319; TIAS 
6176). The agreement adds the sixth floor of the Alcoa Plaza Associates 
Building to the headquarters district.
    On August 28, 1969 a second supplemental agreement regarding the 
U.N. Headquarters was signed at New York and entered into force (20 UST 
2810; TIAS 6750; 687 UNTS 408). This agreement added three floors from 
two other buildings to those above. There was also a clause allowing 
further additions, if space became available in those two buildings.
    A third supplemental agreement was signed and entered into force on 
December 10, 1980 (32 UST 4414; TIAS 9955). This agreement added to the 
Headquarters District, floor space from premises located at One United 
Plaza (UNDC Building), and 605 Third Avenue (Burroughs Building); all 
buildings located at 30-12 41st Avenue, Long Island City; and floor 
space at 331 East 38th Street (UNICEF Greeting Card Operation), 821 UN 
Plaza (Turkish Mission Building), 345 Park Avenue South, 866 UN Plaza 
(ALCOA Building), 666 Third Avenue (Chrysler Building), 485 Lexington 
Avenue, and 801 United Nations Plaza.
---------------------------------------------------------------------------
  (b) the expression ``appropriate American authorities'' means 
such federal, state, or local authorities in the United States 
as may be appropriate in the context and in accordance with the 
laws and customs of the United States, including the laws and 
customs of the state and local government involved;
  (c) the expression ``General Convention'' means the 
Convention on the Privileges and Immunities of the United 
Nations approved by the General Assembly of the United Nations 
13 February 1946, as acceded to by the United States;
  (d) the expression ``United Nations'' means the international 
organization established by the Charter of the United Nations, 
hereinafter referred to as the ``Charter'';
  (e) the expression ``Secretary-General'' means the Secretary- 
General of the United Nations.

                 Article II--The Headquarters District

                               section 2

  The seat of the United Nations shall be the headquarters 
district.

                               section 3

  The appropriate American authorities shall take whatever 
action may be necessary to assure that the United Nations shall 
not be dispossessed of its property in the headquarters 
district, except as provided in Section 22 in the event that 
the United Nations ceases to use the same; provided that the 
United Nations shall reimburse the appropriate American 
authorities for any costs incurred, after consultation with the 
United Nations, in liquidating by eminent domain proceedings or 
otherwise any adverse claims.

                               section 4

  (a) The United Nations may establish and operate in the 
headquarters district:
          (1) its own short-wave sending and receiving radio 
        broadcasting facilities (including emergency link 
        equipment) which may be used on the same frequencies 
        (within the tolerances prescribed for the broadcasting 
        service by applicable United States regulations) for 
        radiotelegraph, radioteletype, radiotelephone, 
        radiotelephoto, and similar services;
          (2) one point-to-point circuit between the 
        headquarters district and the office of the United 
        Nations in Geneva (using single sideband equipment) to 
        be used exclusively for the exchange of broadcasting 
        programs and interoffice communications;
          (3) low power micro-wave, low or medium frequency 
        facilities for communication within headquarters 
        buildings only, or such other buildings as may 
        temporarily be used by the United Nations;
          (4) facilities for point-to-point communication to 
        the same extent and subject to the same conditions as 
        permitted under applicable rules and regulations for 
        amateur operation in the United States, except that 
        such rules and regulations shall not be applied in a 
        manner consistent with the inviolability of the 
        headquarters district provided by Section 9(a);
          (5) such other radio facilities as may be specified 
        by supplemental agreement between the United Nations 
        and the appropriate American authorities.
  (b) The United Nations shall make arrangements for the 
operation of the services referred to in this section with the 
International Telecommunications Union, the appropriate 
agencies of the Government of the United States and the 
appropriate agencies of other affected governments with regard 
to all frequencies and similar matters.
  (c) The facilities provided for in this section may, to the 
extent necessary for efficient operation, be established and 
operated outside the headquarters district. The appropriate 
American authorities will, on request of the United Nations, 
make arrangements, on such terms and in such manner as may be 
agreed upon by supplemental agreement, for the acquisition or 
use by the United Nations of appropriate premises for such 
purposes and the inclusion of such premises in the headquarters 
district.

                               section 5

  In the event that the United Nations should find it necessary 
and desirable to establish and operate an aerodrome, the 
conditions for the location, use and operation of such an 
aerodrome and the conditions under which there shall be entry 
into and exit therefrom shall be the subject of a supplemental 
agreement.

                               section 6

  In the event that the United Nations should propose to 
organize its own postal service, the conditions under which 
such service shall be set up shall be the subject of a 
supplemental agreement.

      Article III--Law and Authority in the Headquarters District

                               section 7

  (a) The headquarters district shall be under the control and 
authority of the United Nations as provided in this agreement.
  (b) Except as otherwise provided in this agreement or in the 
General Convention, the federal, state and local law of the 
United States shall apply within the headquarters district.
  (c) Except as otherwise provided in this agreement or in the 
General Convention, the federal, state and local courts of the 
United States shall have jurisdiction over acts done and 
transactions taking place in the headquarters district as 
provided in applicable federal, state and local laws.
  (d) The federal, state and local courts of the United States, 
when dealing with cases arising out of or relating to acts done 
or transactions taking place in the headquarters district, 
shall take into account the regulations enacted by the United 
Nations under Section 8.

                               section 8

  The United Nations shall have the power to make regulations, 
operative within the headquarters district, for the purpose of 
establishing therein conditions in all respects necessary for 
the full execution of its functions. No federal, state or local 
law or regulation of the United States which is inconsistent 
with a regulation of the United Nations authorized by this 
section shall, to the extent of such inconsistency, be 
applicable within the headquarters district. Any dispute, 
between the United Nations and the United States, as to whether 
a regulation of the United Nations is authorized by this 
section or as to whether a federal, state or local law or 
regulation is inconsistent with any regulation of the United 
Nations authorized by this section, shall be promptly settled 
as provided in Section 21. Pending such settlement, the 
regulation of the United Nations shall apply, and the federal, 
state or local law or regulation shall be inapplicable in the 
headquarters district to the extent that the United Nations 
claims it to be inconsistent with the regulation of the United 
Nations. This section shall not prevent the reasonable 
application of fire protection regulations of the appropriate 
American authorities.

                               section 9

  (a) The headquarters district shall be inviolable. Federal, 
state or local officers or officials of the United States, 
whether administrative, judicial, military or police, shall not 
enter the headquarters district to perform any official duties 
therein except with the consent of and under conditions agreed 
to by the Secretary-General. The service of legal process, 
including the seizure of private property, may take place 
within the headquarters district only with the consent of and 
under conditions approved by the Secretary-General.
  (b) Without prejudice to the provisions of the General 
Convention or Article IV of this agreement, the United Nations 
shall prevent the headquarters district from becoming a refuge 
either for persons who are avoiding arrest under the federal, 
state, or local law of the United States or are required by the 
Government of the United States for extradition to another 
country, or for persons who are endeavoring to avoid service of 
legal process.

                               section 10

  The United Nations may expel or exclude persons from the 
headquarters district for violation of its regulations adopted 
under Section 8 or for other cause. Persons who violate such 
regulations shall be subject to other penalties or to detention 
under arrest only in accordance with the provisions of such 
laws or regulations as may be adopted by the appropriate 
American authorities.

                 Article IV--Communications and Transit

                               section 11

  The federal, state or local authorities of the United States 
shall not impose any impediments to transit to or from the 
headquarters district of (1) representatives of Members or 
officials of the United Nations, or of specialized agencies as 
defined in Article 57, paragraph 2, of the Charter, or the 
families of such representatives or officials, (2) experts 
performing missions for the United Nations or for such 
specialized agencies, (3) representatives of the press, or of 
radio, film or other information agencies, who have been 
accredited by the United Nations (or by such a specialized 
agency) in its discretion after consultation with the United 
States, (4) representatives of nongovernmental organizations 
recognized by the United Nations for the purpose of 
consultation under Article 71 of the Charter, or (5) other 
persons invited to the headquarters district by the United 
Nations or by such specialized agency on official business. The 
appropriate American authorities shall afford any necessary 
protection to such persons while in transit to or from the 
headquarters district. This section does not apply to general 
interruptions of transportation which are to be dealt with as 
provided in Section 17, and does not impair the effectiveness 
of generally applicable laws and regulations as to the 
operation of means of transportation.\3\
---------------------------------------------------------------------------
    \3\ See 8 U.S.C. 1101(a)(15)(C), establishing as a nonimmigrant 
(non quota) alien ``an alien who qualifies as a person entitled to pass 
in transit to and from the United Nations Headquarters District and 
foreign countries, under the provisions of paragraphs (3), (4) and (5) 
of sec. 11 of the Headquarters Agreement with the United Nations (61 
Stat. 758); * * *''.
---------------------------------------------------------------------------

                               section 12

  The provisions of Section 11 shall be applicable irrespective 
of the relations existing between the Governments of the 
persons referred to in that section and the Government of the 
United States.

                               section 13

  (a) Laws and regulations in force in the United States 
regarding the entry of aliens shall not be applied in such 
manner as to interfere with the privileges referred to in 
Section 11. When visas are required for persons referred to in 
that Section, they shall be granted without charge and as 
promptly as possible.
  (b) Laws and regulations in force in the United States 
regarding the residence of aliens shall not be applied in such 
manner as to interfere with the privileges referred to in 
Section 11 and, specifically, shall not be applied in such 
manner as to require any such person to leave the United States 
on account of any activities performed by him in his official 
capacity. In case of abuse of such privileges of residence by 
any such person in activities in the United States outside his 
official capacity, it is understood that the privileges 
referred to in Section 11 shall not be construed to grant him 
exemption from the laws and regulations of the United States 
regarding the continued residence of aliens, provided that:
          (1) No proceedings shall be instituted under such 
        laws or regulations to require any such person to leave 
        the United States except with the prior approval of the 
        Secretary of State of the United States. Such approval 
        shall be given only after consultation with the 
        appropriate Member in the case of a representative of a 
        Member (or a member of his family) or with the 
        Secretary-General or the principal executive officer of 
        the appropriate specialized agency in the case of any 
        other person referred to in Section 11;
          (2) A representative of the Member concerned, the 
        Secretary-General, or the principal executive officer 
        of the appropriate specialized agency, as the case may 
        be, shall have the right to appear in any such 
        proceedings on behalf of the person against whom they 
        are instituted;
          (3) Persons who are entitled to diplomatic privileges 
        and immunities under section 15 or under the General 
        Convention shall not be required to leave the United 
        States otherwise than in accordance with the customary 
        procedure applicable to diplomatic envoys accredited to 
        the United States.
  (c) This section does not prevent the requirement of 
reasonable evidence to establish that persons claiming the 
rights granted by Section 11 come within the classes described 
in that section, or the reasonable application of quarantine 
and health regulations.
  (d) Except as provided above in this section and in the 
General Convention, the United States retains full control and 
authority over the entry of persons or property into the 
territory of the United States and the conditions under which 
persons may remain or reside there.
  (e) The Secretary-General shall, at the request of the 
appropriate American authorities, enter into discussions with 
such authorities, with a view to making arrangements for 
registering the arrival and departure of persons who have been 
granted visas valid only for transit to and from the 
headquarters district and sojourn therein and in its immediate 
vicinity.
  (f) The United Nations shall, subject to the foregoing 
provisions of this section, have the exclusive right to 
authorize or prohibit entry of persons and property into the 
headquarters district and to prescribe the conditions under 
which persons may remain or reside there.

                               section 14

  The Secretary-General and the appropriate American 
authorities shall, at the request of either of them, consult as 
to methods of facilitating entrance into the United States, and 
the use of available means of transportation, by persons coming 
from abroad, who wish to visit the headquarters district and do 
not enjoy the rights referred to in this Article.

       Article V--Resident Representatives to the United Nations

                               section 15

  (1) Every person designated by a Member as the principal 
resident representative to the United Nations of such Member or 
as a resident representative with the rank of ambassador or 
minister plenipotentiary,
  (2) such resident members of their staffs as may be agreed 
upon between the Secretary-General, the Government of the 
United States and the Government of the Member concerned,
  (3) every person designated by a Member of a specialized 
agency, as defined in Article 57, paragraph 2, of the Charter, 
as its principal resident representative, with the rank of 
ambassador or minister plenipotentiary, at the headquarters of 
such agency in the United States, and
  (4) such other principal resident representatives of members 
to a specialized agency and such resident members of the staffs 
of representatives to a specialized agency as may be agreed 
upon between the principal executive officer of the specialized 
agency, the Government of the United States and the Government 
of the Member concerned, shall, whether residing inside or 
outside the headquarters district, be entitled in the territory 
of the United States to the same privileges and immunities, 
subject to corresponding conditions and obligations, as it 
accords to diplomatic envoys accredited to it. In the case of 
Members whose governments are not recognized by the United 
States, such privileges and immunities need be extended to such 
representatives, or persons on the staffs of such 
representatives, only within the headquarters district, at 
their residences and offices outside the district, in transit 
between the district and such residences and offices, and in 
transit on official business to or from foreign countries.

       Article VI--Police Protection of the Headquarters District

                               section 16

  (a) The appropriate American authorities shall exercise due 
diligence to ensure that the tranquility of the headquarters 
district is not disturbed by the unauthorized entry of groups 
of persons from outside or by disturbances in its immediate 
vicinity and shall cause to be provided on the boundaries of 
the headquarters district such police protection as is required 
for these purposes.
  (b) If so requested by the Secretary-General, the appropriate 
American authorities shall provide a sufficient number of 
police for the preservation of law and order in the 
headquarters district, and for the removal therefrom of persons 
as requested under the authority of the United Nations. The 
United Nations shall, if requested, enter into arrangements 
with the appropriate American authorities to reimburse them for 
the reasonable cost of such services.

    Article VII--Public Services and Protection of the Headquarters 
                                District

                               section 17

  (a) The appropriate American authorities will exercise to the 
extent requested by the Secretary-General the powers which they 
possess with respect to the supplying of public services to 
ensure that the headquarters district shall be supplied on 
equitable terms with the necessary public services, including 
electricity, water, gas, post, telephone, telegraph, 
transportation, drainage, collection of refuse, fire 
protection, snow removal, et cetera. In case of any 
interruption or threatened interruption of any such services, 
the appropriate American authorities will consider the needs of 
the United Nations as being of equal importance with the 
similar needs of essential agencies of the Government of the 
United States, and will take steps accordingly, to ensure that 
the work of the United Nations is not prejudiced.
  (b) Special provisions with reference to maintenance of 
utilities and underground construction are contained in Annex 
2.

                               section 18

  The appropriate American authorities shall take all 
reasonable steps to ensure that the amenities of the 
headquarters district are not prejudiced and the purposes for 
which the district is required are not obstructed by any use 
made of the land in the vicinity of the district. The United 
Nations shall on its part take all reasonable steps to ensure 
that the amenities of the land in the vicinity of the 
headquarters district are not prejudiced by any use made of the 
land in the headquarters district by the United Nations.

                               section 19

  It is agreed that no form of racial or religious 
discrimination shall be permitted within the headquarters 
district.

   Article VIII--Matters Relating to the Operation of This Agreement

                               section 20

  The Secretary-General and the appropriate American 
authorities shall settle by agreement the channels through 
which they will communicate regarding the application of the 
provisions of this agreement and other questions affecting the 
headquarters district, and may enter into such supplemental 
agreements as may be necessary to fulfill the purposes of this 
agreement. In making supplemental agreements with the 
Secretary-General, the United States shall consult with the 
appropriate state and local authorities. If the Secretary-
General so requests the Secretary of State of the United States 
shall appoint a special representative for the purpose of 
liaison with the Secretary-General.

                               section 21

  (a) Any dispute between the United Nations and the United 
States concerning the interpretation or application of this 
agreement or of any supplemental agreement, which is not 
settled by negotiation or other agreed mode of settlement, 
shall be referred for final decision to a tribunal of three 
arbitrators, one to be named by the Secretary-General, one to 
be named by the Secretary of State of the United States, and 
the third to be chosen by the two, or, if they should fail to 
agree upon a third, then by the President of the International 
Court of Justice.
  (b) The Secretary-General or the United States may ask the 
General Assembly to request of the International Court of 
Justice an advisory opinion on any legal question arising in 
the course of such proceedings. Pending the receipt of the 
opinion of the Court, an interim decision of the arbitral 
tribunal shall be observed on both parties. Thereafter, the 
arbitral tribunal shall render a final decision, having regard 
to the opinion of the Court.

                  Article IX--Miscellaneous Provisions

                               section 22

  (a) The United Nations shall not dispose of all or any part 
of the land owned by it in the headquarters district without 
the consent of the United States. If the United States is 
unwilling to consent to a disposition which the United Nations 
wishes to make of all or any part of such land, the United 
States shall buy the same from the United Nations at a price to 
be determined as provided in paragraph (d) of this section.
  (b) If the seat of the United Nations is removed from the 
headquarters district, all right, title and interest of the 
United Nations in and to real property in the headquarters 
district or any part of it shall, on request of either the 
United Nations or the United States, be assigned and conveyed 
to the United States. In the absence of such request, the same 
shall be assigned or, if such subdivision shall not desire it, 
then to the state in which it is located. If none of the 
foregoing desires the same, it may be disposed of as provided 
in paragraph (a) of this section.
  (c) If the United Nations disposes of all or any part of the 
headquarters district, the provisions of other sections of this 
agreement which apply to the headquarters district shall 
immediately cease to apply to the land and buildings so 
disposed of.
  (d) The price to be paid for any conveyance under this 
section shall, in default of agreement, be the then fair value 
of the land, buildings and installations, to be determined 
under the procedure provided in Section 21.

                               section 23

  The seat of the United Nations shall not be removed from the 
headquarters district unless the United Nations should so 
decide.

                               section 24

  This agreement shall cease to be in force if the seat of the 
United Nations is removed from the territory of the United 
States, except for such provisions as may be applicable in 
connection with the orderly termination of the operations of 
the United Nations at its seat in the United States and the 
disposition of its property therein.

                               section 25

  Whenever this agreement imposes obligations on the 
appropriate American authorities, the Government of the United 
States shall have the ultimate responsibility for the 
fulfillment of such obligations by the appropriate American 
authorities.

                               section 26

  The provisions of this agreement shall be complementary to 
the provisions of the General Convention. In so far as any 
provision of this agreement and any provisions of the General 
Convention relate to the same subject matter, the two 
provisions shall, wherever possible, be treated as 
complementary, so that both provisions shall be applicable and 
neither shall narrow the effect of the other; but in any case 
of absolute conflict, the provisions of this agreement shall 
prevail.

                               section 27

  This agreement shall be construed in the light of its primary 
purpose to enable the United Nations at its headquarters in the 
United States, fully and efficiently to discharge its 
responsibilities and fulfill its purposes.

                               section 28

  This agreement shall be brought into effect by an exchange of 
notes between the Secretary-General, duly authorized pursuant 
to a resolution of the General Assembly of the United Nations, 
and the appropriate executive officer of the United States, 
duly authorized pursuant to appropriate action of the Congress.

  In witness whereof the respective representatives have signed 
this Agreement and have affixed their seals hereto.

  Done in duplicate, in the English and French languages, both 
authentic, at Lake Success the twenty-sixth day of June 1947.

  For the Government of the United States of America:
                                             G. C. Marshall
                                                 Secretary of State

  For the United Nations:
                                                 Trygve Lie
                                                  Secretary-General

                                Annex 1

  The area referred to in Section 1(a)(1) consists of (a) the 
premises bounded on the East by the westerly side of Franklin 
D. Roosevelt Drive, on the West by the easterly side of First 
Avenue, on the North by the southerly side of East Forty-eighth 
Street, and on the South by the northerly side of East Forty-
second Street, all as proposed to be widened, in the Borough of 
Manhattan, City and State of New York, and (b) an easement over 
Franklin D. Roosevelt Drive, above a lower limiting plane to be 
fixed for the construction and maintenance of an esplanade, 
together with the structures thereon and foundation and columns 
to support the same in locations below such limiting plane, the 
entire area to be more definitely defined by supplemental 
agreement between the United Nations and the United States of 
America.

     Annex 2--Maintenance of Utilities and Underground Construction

                               section 1

  The Secretary-General agrees to provide passes to duly 
authorized employees of The City of New York, the State of New 
York, or any of their agencies or subdivisions, for the 
purposes of enabling them to inspect, repair, maintain, 
reconstruct and relocate utilities, conduits, mains and sewers 
within the headquarters district.

                               section 2

  Underground constructions may be undertaken by The City of 
New York, or the State of New York, or any of their agencies or 
subdivisions, within the headquarters district only after 
consultation with the Secretary-General, and under conditions 
which shall not disturb the carrying out of the functions of 
the United Nations.
  4. Convention on Privileges and Immunities of the United Nations \1\

  Adopted by the General Assembly of the United Nations, February 13, 
  1946; Ratification, subject to reservations, advised by the Senate, 
    March 19, 1970; Ratified, subject to said reservations, by the 
  President, April 15, 1970; Accession of the United States deposited 
   with the Secretary-General of the United Nations, April 29, 1970; 
 Entered into force with respect to the United States, April 29, 1970; 
               Proclaimed by the President, July 9, 1970

  Whereas Article 104 of the Charter of the United Nations 
provides that the Organization shall enjoy in the territory of 
each of its Members such legal capacity as may be necessary for 
the exercise of its functions and the fulfillment of its 
purposes and
---------------------------------------------------------------------------
    \1\ 21 UST 1418; TIAS 6900; 1 UNTS 16. For a list of states that 
are parties, see Department of State publication, Treaties in Force.

  Whereas Article 105 of the Charter of the United Nations 
provides that the Organization shall enjoy in the territory of 
each of its Members such privileges and immunities as are 
necessary for the fulfillment of its purposes and that 
representatives of the Members of the United Nations and 
officials of the Organization shall similarly enjoy such 
privileges and immunities as are necessary for the independent 
exercise of their functions in connection with the 
---------------------------------------------------------------------------
Organization.

  Consequently the General Assembly by a Resolution adopted on 
the 13 February 1946, approved the following Convention and 
proposed it for accession by each Member of the United Nations.

                    Article I--Juridical Personality

                               section 1

  The United Nations shall possess juridical personality. It 
shall have the capacity:
          (a) to contract;
          (b) to acquire and dispose of immovable and movable 
        property;
          (c) to institute legal proceedings.

                 Article II--Property, Funds and Assets

                               section 2

  The United Nations, its property and assets wherever located 
and by whomsoever held, shall enjoy immunity from every form of 
legal process except insofar as in any particular case it has 
expressly waived its immunity. It is, however, understood that 
no waiver of immunity shall extend to any measure of execution.

                               section 3

  The premises of the United Nations shall be inviolable. The 
property and assets of the United Nations, wherever located and 
by whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation and any other form of interference, 
whether by executive, administrative, judicial or legislative 
action.

                               section 4

  The archives of the United Nations, and in general all 
documents belonging to it or held by it, shall be inviolable 
wherever located.

                               section 5

  Without being restricted by financial controls, regulations 
or moratoria of any kind,
          (a) the United Nations may hold funds, gold or 
        currency of any kind and operate accounts in any 
        currency;
          (b) the United Nations shall be free to transfer its 
        funds, gold or currency from one country to another or 
        within any country and to convert any currency held by 
        it into any other currency.

                               section 6

  In exercising its rights under Section 5 above, the United 
Nations shall pay due regard to any representations made by the 
Government of any Member insofar as it is considered that 
effect can be given to such representations without detriment 
to the interests of the United Nations.

                               section 7

  The United Nations, its assets, income and other property 
shall be:
          (a) exempt from all direct taxes; it is understood, 
        however, that the United Nations will not claim 
        exemption from taxes which are, in fact, no more than 
        charges for public utility services;
          (b) exempt from customs duties and prohibitions and 
        restrictions on imports and exports in respect of 
        articles imported or exported by the United Nations for 
        its official use. It is understood, however, that 
        articles imported under such exemption will not be sold 
        in the country into which they were imported except 
        under conditions agreed with the Government of that 
        country;
          (c) exempt from customs duties and prohibitions and 
        restrictions on imports and exports in respect of its 
        publications.

                               section 8

  While the United Nations will not, as a general rule, claim 
exemption from excise duties and from taxes on the sale of 
movable and immovable property which form part of the price to 
be paid, nevertheless when the United Nations is making 
important purchases for official use of property on which such 
duties and taxes have been charged or are chargeable, Members 
will, whenever possible, make appropriate administrative 
arrangements for the remission or return of the amount of duty 
or tax.

          Article III--Facilities in Respect of Communications

                               section 9

  The United Nations shall enjoy in the territory of each 
Member for its official communications treatment not less 
favourable than that accorded by the Government of that Member 
to any other Government including its diplomatic mission in the 
matter of priorities, rates and taxes on mails, cables, 
telegrams, radiograms, telephotos, telephone and other 
communications; and press rates for information to the press 
and radio. No censorship shall be applied to the official 
correspondence and other official communications of the United 
Nations.

                               section 10

  The United Nations shall have the right to use codes and to 
dispatch and receive its correspondence by courier or in bags, 
which have the same immunities and privileges as diplomatic 
couriers and bags.

               Article IV--The Representatives of Members

                               section 11

  Representatives of Members to the principal and subsidiary 
organs of the United Nations and to conferences convened by the 
United Nations, shall, while exercising their functions and 
during their journey to and from the place of meeting, enjoy 
the following privileges and immunities:
          (a) immunity from personal arrest or detention and 
        from seizure of their personal baggage, and, in respect 
        of words spoken or written and all acts done by them in 
        their capacity as representatives, immunity from legal 
        process of every kind;
          (b) inviolability for all papers and documents;
          (c) the right to use codes and to receive papers or 
        correspondence by courier or in sealed bags;
          (d) exemption in respect of themselves and their 
        spouses from immigration restrictions, alien 
        registration or national service obligations in the 
        state they are visiting or through which they are 
        passing in the exercise of their functions;
          (e) the same facilities in respect of currency or 
        exchange restrictions as are accorded to 
        representatives of foreign governments on temporary 
        official missions;
          (f) the same immunities and facilities in respect of 
        their personal baggage as are accorded to diplomatic 
        envoys, and also
          (g) such other privileges, immunities and facilities 
        not inconsistent with the foregoing as diplomatic 
        envoys enjoy, except that they shall have no right to 
        claim exemption from customs duties on goods imported 
        (otherwise than as part of their personal baggage) or 
        from excise duties or sales taxes.

                               section 12

  In order to secure, for the representatives of Members to the 
principal and subsidiary organs of the United Nations and to 
conferences convened by the United Nations, complete freedom of 
speech and independence in the discharge of their duties, the 
immunity from legal process in respect of words spoken or 
written and all acts done by them in discharging their duties 
shall continue to be accorded, notwithstanding that the persons 
concerned are no longer the representatives of Members.

                               section 13

  Where the incidence of any form of taxation depends upon 
residence, periods during which the representatives of Members 
to the principal and subsidiary organs of the United Nations 
and to conferences convened by the United Nations are present 
in a state for the discharge of their duties shall not be 
considered as periods of residence.

                               section 14

  Privileges and immunities are accorded to the representatives 
of Members not for the personal benefit of the individuals 
themselves, but in order to safeguard the independent exercise 
of their functions in connection with the United Nations. 
Consequently a Member not only has the right but is under a 
duty to waive the immunity of its representative in any case 
where in the opinion of the Member the immunity would impede 
the course of justice, and it can be waived without prejudice 
to the purpose for which the immunity is accorded.

                               section 15

  The provisions of Sections 11, 12 and 13 are not applicable 
as between a representative and the authorities of the state of 
which he is a national or of which he is or has been the 
representative.

                               section 16

  In this article the expression ``representatives'' shall be 
deemed to include all delegates, deputy delegates, advisers, 
technical experts and secretaries of delegations.

                          Article V--Officials

                               section 17

  The Secretary-General will specify the categories of 
officials to which the provisions of this Article and Article 
VII shall apply. He shall submit these categories to the 
General Assembly. Thereafter these categories shall be 
communicated to the Governments of all Members. The names of 
the officials included in these categories shall from time to 
time be made known to the Governments of Members.

                               section 18

  Officials of the United Nations shall:
          (a) be immune from legal process in respect of words 
        spoken or written and all acts performed by them in 
        their official capacity;
          (b) be exempt from taxation on the salaries and 
        emoluments paid to them by the United Nations;
          (c) be immune from national service obligations;
          (d) be immune, together with their spouses and 
        relatives dependent on them, from immigration 
        restrictions and alien registration;
          (e) be accorded the same privileges in respect of 
        exchange facilities as are accorded to the officials of 
        comparable ranks forming part of diplomatic missions to 
        the Government concerned;
          (f) be given, together with their spouses and 
        relatives dependent on them, the same repatriation 
        facilities in time of international crisis as 
        diplomatic envoys;
          (g) have the right to import free of duty their 
        furniture and effects at the time of first taking up 
        their post in the country in question.

                               section 19

  In addition to the immunities and privileges specified in 
Section 18, the Secretary-General and all Assistant 
Secretaries-General shall be accorded in respect of themselves, 
their spouses and minor children, the privileges and 
immunities, exemptions and facilities accorded to diplomatic 
envoys, in accordance with international law.

                               section 20

  Privileges and immunities are granted to officials in the 
interests of the United Nations and not for the personal 
benefit of the individuals themselves. The Secretary-General 
shall have the right and the duty to waive the immunity of any 
official in any case where, in his opinion, the immunity would 
impede the course of justice and can be waived without 
prejudice to the interests of the United Nations. In the case 
of the Secretary-General, the Security Council shall have the 
right to waive immunity.

                               section 21

  The United Nations shall co-operate at all times with the 
appropriate authorities of Members to facilitate the proper 
administration of justice, secure the observance of police 
regulations and prevent the occurrence of any abuse in 
connection with the privileges, immunities and facilities 
mentioned in this Article.

         Article VI--Experts on Missions for the United Nations

                               section 22

  Experts (other than officials coming within the scope of 
Article V) performing missions for the United Nations shall be 
accorded such privileges and immunities as are necessary for 
the independent exercise of their functions during the period 
of their missions, including the time spent on journeys in 
connection with their missions. In particular they shall be 
accorded:
          (a) immunity from personal arrest or detention and 
        from seizure of their personal baggage;
          (b) in respect of words spoken or written and acts 
        done by them in the course of the performance of their 
        mission, immunity from legal process of every kind. 
        This immunity from legal process shall continue to be 
        accorded notwithstanding that the persons concerned are 
        no longer employed on missions for the United Nations;
          (c) inviolability for all papers and documents;
          (d) for the purpose of their communications with the 
        United Nations, the right to use codes and to receive 
        papers or correspondence by courier or in sealed bags;
          (e) the same facilities in respect of currency or 
        exchange restrictions as are accorded to 
        representatives of foreign governments on temporary 
        official missions;
          (f) the same immunities and facilities in respect of 
        their personal baggage as are accorded to diplomatic 
        envoys.

                               section 23

  Privileges and immunities are granted to experts in the 
interest of the United Nations and not for the personal benefit 
of the individuals themselves. The Secretary-General shall have 
the right and the duty to waive the immunity of any expert in 
any case where, in his opinion, the immunity would impede the 
course of justice and it can be waived without prejudice to the 
interests of the United Nations.

               Article VII--United Nations Laissez-Passer

                               section 24

  The United Nations may issue United Nations laissez-passer to 
its officials. These laissez-passer shall be recognized and 
accepted as valid travel documents by the authorities of 
Members, taking into account the provisions of Section 25.

                               section 25

  Applications for visas (where required) from the holders of 
United Nations laissez-passer, when accompanied by a 
certificate that they are travelling on the business of the 
United Nations, shall be dealt with as speedily as possible. In 
addition, such persons shall be granted facilities for speedy 
travel.

                               section 26

  Similar facilities to those specified in Section 25 shall be 
accorded to experts and other persons who, though not the 
holders of United Nations laissez-passer, have a certificate 
that they are travelling on the business of the United Nations.

                               section 27

  The Secretary-General, Assistant Secretaries-General and 
Directors travelling on United Nations laissez-passer on the 
business of the United Nations shall be granted the same 
facilities as are accorded to diplomatic envoys.

                               section 28

  The provisions of this article may be applied to the 
comparable officials of specialized agencies if the agreements 
for relationship made under Article 63 of the Charter so 
provide.

                  Article VIII--Settlement of Disputes

                               section 29

  The United Nations shall make provisions for appropriate 
modes of settlement of:
          (a) disputes arising out of contracts of other 
        disputes of a private law character to which the United 
        Nations is a party;
          (b) disputes involving any official of the United 
        Nations who by reason of his official position enjoys 
        immunity, if immunity has not been waived by the 
        Secretary-General.

                               section 30

  All differences arising out of the interpretation or 
application of the present convention shall be referred to the 
International Court of Justice, unless in any case it is agreed 
by the parties to have recourse to another mode of settlement. 
If a difference arises between the United Nations on the one 
hand and a Member on the other hand, a request shall be made 
for an advisory opinion on any legal question involved in 
accordance with Article 96 of the Charter and Article 65 of the 
Statute of the Court.\2\ The opinion given by the Court shall 
be accepted as decisive by the parties.
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1063.
---------------------------------------------------------------------------

                             Final Article

                               section 31

  This convention is submitted to every Member of the United 
Nations for accession.

                               section 32

  Accession shall be effected by deposit of an instrument with 
the Secretary-General of the United Nations and the convention 
shall come into force as regards each Member on the date of 
deposit of each instrument of accession.

                               section 33

  The Secretary-General shall inform all Members of the United 
Nations of the deposit of each accession.

                               section 34

  It is understood that, when an instrument of accession is 
deposited on behalf of any Member, the Member will be in a 
position under its own law to give effect to the terms of this 
convention.

                               section 35

  This convention shall continue in force as between the United 
Nations and every Member which has deposited an instrument of 
accession for so long as that Member remains a Member of the 
United Nations, or until a revised general convention has been 
approved by the General Assembly and that Member has become a 
party to this revised convention.

                               section 36

  The Secretary-General may conclude with any Member or Members 
supplementary agreements adjusting the provisions of this 
convention so far as that Member or those Members are 
concerned. These supplementary agreements shall in each case be 
subject to the approval of the General Assembly.
                              ----------                              


    Reservations as Stated in the Proclamation of the United States

    By its resolution of March 19, 1970, the Senate of the 
United States of America, two-thirds of the Senators present 
concurring, gave its advice and consent to the ratification of 
the Convention subject to the following reservations:

    (1) Paragraph (b) of section 18 regarding immunity from 
taxation and paragraph (c) of section 18 regarding immunity 
from national service obligations shall not apply with respect 
to United States nationals and aliens admitted for permanent 
residence.
    (2) Nothing in Article IV, regarding the privileges and 
immunities of representatives of Members, in Article V, 
regarding the privileges and immunities of United Nations 
officials, or in Article VI regarding the privileges and 
immunities of experts on missions for the United Nations, shall 
be construed to grant any person who has abused his privileges 
of residence by activities in the United States outside his 
official capacity exemption from the laws and regulations of 
the United States regarding the continued residence of aliens, 
provided that:
          (a) No proceedings shall be instituted under such 
        laws or regulations to require any such person to leave 
        the United States except with the prior approval of the 
        Secretary of State of the United States. Such approval 
        shall be given only after consultation with the 
        appropriate Member in the case of a representative of a 
        Member (or a member of his family) or with the 
        Secretary-General in the case of any person referred to 
        in Articles V and VI;
          (b) A representative of the Member concerned or the 
        Secretary-General, as the case may be, shall have the 
        right to appear in any such proceedings on behalf of 
        the person against whom they are instituted;
          (c) Persons who are entitled to diplomatic privileges 
        and immunities under the Convention shall not be 
        required to leave the United States otherwise than in 
        accordance with the customary procedure applicable to 
        members of diplomatic missions accredited or notified 
        to the United States.
=======================================================================


               I. INTERNATIONAL CRIME AND LAW ENFORCEMENT

                                CONTENTS

                                                                   Page
 1. Terrorism....................................................   849
       a. OAS Convention to Prevent and Punish the Acts of 
          Terrorism Taking the Form of Crimes Against Persons and 
          Related Extortion That Are of International 
          Significance...........................................   849
       b. International Convention for the Suppression of 
          Terrorist Bombings.....................................   853
       c. International Convention for the Suppression of the 
          Financing of Terrorism.................................   863
       d. Inter-American Convention Against Terrorism............   876
 2. United Nations Convention on the Prevention and Punishment of 
    Crimes Against Internationally Protected Persons, Including 
    Diplomatic Agents............................................   886
 3. International Convention Against the Taking of Hostages......   892
 4. United Nations Convention Against Illicit Traffic in Narcotic 
    Drugs and Psychotropic Substances............................   899
 5. Inter-American Convention on Serving Criminal Sentences 
    Abroad.......................................................   926
 6. United Nations Convention Against Transnational Organized 
    Crime........................................................   932
 7. Convention on Combating Bribery of Foreign Public Officials 
    in International Business Transactions.......................   962
 8. Inter-American Convention Against Corruption.................   969
 9. Mutual Legal Assistance Treaties.............................   979
      a. Countries With Which the United States Has a Mutual 
          Legal Assistance Treaty in Criminal Matters............   979
      b. Treaty on Mutual Legal Assistance in Criminal Matters 
          Between France and the United States of America........   981
10. Extradition Treaties.........................................   994
      a. Countries With Which the United States Has an 
          Extradition Treaty.....................................   994
      b. Extradition Treaty Between the United States and Saint 
          Kitts and Nevis........................................   997
11. Return of Stolen Vehicles Treaties...........................  1006
      a. Countries With Which the United States Has a Treaty for 
          the Return of Stolen Vehicles..........................  1006
      b. Treaty for the Return of Stolen Vehicles Between the 
          United States and Belize...............................  1007

=======================================================================

      
                              1. Terrorism

 a. OAS Convention to Prevent and Punish the Acts of Terrorism Taking 
 the Form of Crimes Against Persons and Related Extortion That Are of 
                     International Significance \1\

    Adopted at the 3d Special Session of the OAS General Assembly, 
Washington, D.C., January 25-February 2, 1971; Ratification advised by 
the Senate, June 12, 1972; Instrument of ratification deposited in the 
General Secretariat of the Organization of American States, October 20, 
1976; Entered into force with respect to the United States, October 20, 
                                  1976

  Whereas, The defense of freedom and justice and respect for 
the fundamental rights of the individual that are recognized by 
the American Declaration of the Rights and Duties of Man and 
the Universal Declaration of Human Rights are primary duties of 
states;
---------------------------------------------------------------------------
    \1\ 27 UST 3949; TIAS 8413. For states that are parties in the 
Convention, see Department of State publication, Treaties in Force.
---------------------------------------------------------------------------
  The General Assembly of the Organization, in Resolution 4, of 
June 30, 1970, strongly condemned acts of terrorism, especially 
the kidnapping of persons and extortion in connection with that 
crime, which it declared to be serious common crimes;
  Criminal acts against persons entitled to special protection 
under international law are occurring frequently, and those 
acts are of international significance because of the 
consequences that may flow from them for relations among 
states;
  It is advisable to adopt general standards that will 
progressively develop international law as regards cooperation 
in the prevention and punishment of such acts; and
  In the application of those standards the institution of 
asylum should be maintained and, likewise the principle of 
nonintervention should not be impaired,

 The Member States of the Organization of American States have agreed 
                      upon the following articles:

                               Article 1

  The contracting states undertake to cooperate among 
themselves by taking all the measures that they may consider 
effective, under their own laws, and especially those 
established in this convention, to prevent and punish acts of 
terrorism, especially kidnapping, murder, and other assaults 
against the life or physical integrity of those persons to whom 
the state has the duty according to international law to give 
special protection, as well as extortion in connection with 
those crimes.

                               Article 2

  For the purposes of this convention, kidnapping, murder, and 
other assaults against the life or personal integrity of those 
persons to whom the state has the duty to give special 
protection according to international law, as well as extortion 
in connection with those crimes, shall be considered common 
crimes of international significance, regardless of motive.

                               Article 3

  Persons who have been charged or convicted for any of the 
crimes referred to in Article 2 of this convention shall be 
subject to extradition under the provisions of the extradition 
treaties in force between the parties or, in the case of states 
that do not make extradition dependent on the existence of a 
treaty, in accordance with their own laws.
  In any case, it is the exclusive responsibility of the state 
under whose jurisdiction or protection such persons are located 
to determine the nature of the acts and decide whether the 
standards of this convention are applicable.

                               Article 4

  Any person deprived of his freedom through the application of 
this convention shall enjoy the legal guarantees of due 
process.

                               Article 5

  When extradition requested for one of the crimes specified in 
Article 2 is not in order because the person sought is a 
national of the requested state, or because of some other legal 
or constitutional impediment, that state is obliged to submit 
the case to its competent authorities for prosecution, as if 
the act had been committed in its territory. The decision of 
these authorities shall be communicated to the state that 
requested extradition. In such proceedings, the obligation 
established in Article 4 shall be respected.

                               Article 6

  None of the provisions of this convention shall be 
interpreted so as to impair the right of asylum.

                               Article 7

  The contracting states undertake to include the crimes 
referred to in Article 2 of this convention among the 
punishable acts giving rise to extradition in any treaty on the 
subject to which they agree among themselves in the future. The 
contracting states that do not subject extradition to the 
existence of a treaty with the requesting state shall consider 
the crimes referred to in Article 2 of this convention as 
crimes giving rise to extradition, according to the conditions 
established by the laws of the requested state.

                               Article 8

  To cooperate in preventing and punishing the crimes 
contemplated in Article 2 of this convention, the contracting 
states accept the following obligations:
          a. To take all measures within their power, and in 
        conformity with their own laws, to prevent and impede 
        the preparation in their respective territories of the 
        crimes mentioned in Article 2 that are to be carried 
        out in the territory of another contracting state.
          b. To exchange information and consider effective 
        administrative measures for the purpose of protecting 
        the persons to whom Article 2 of this convention 
        refers.
          c. To guarantee to every person deprived of his 
        freedom through the application of this convention 
        every right to defend himself.
          d. To endeavor to have the criminal acts contemplated 
        in this convention included in their penal laws, if not 
        already so included.
          e. To comply most expeditiously with the requests for 
        extradition concerning the criminal acts contemplated 
        in this convention.

                               Article 9

  This convention shall remain open for signature by the member 
states of the Organization of American States, as well as by 
any other state that is a member of the United Nations or any 
of its specialized agencies, or any state that is a party to 
the Statute of the International Court of Justice, or any other 
state that may be invited by the General Assembly of the 
Organization of American States to sign it.

                               Article 10

  This convention shall be ratified by the signatory states in 
accordance with their respective constitutional procedures.

                               Article 11

  The original instrument of this convention, the English, 
French, Portuguese, and Spanish texts of which are equally 
authentic, shall be deposited in the General Secretariat of the 
Organization of American States, which shall send certified 
copies of the signatory governments for purposes of 
ratification. The instruments of ratification shall be 
deposited in the General Secretariat of the Organization of 
American States, which shall notify the signatory governments 
of such deposit.

                               Article 12

  This convention shall enter into force among the states that 
ratify it when they deposit their respective instruments of 
ratification.

                               Article 13

  This convention shall remain in force indefinitely, but any 
of the contracting states may denounce it. The denunciation 
shall be transmitted to the General Secretariat of the 
Organization of American States, which shall notify the other 
contracting states thereof. One year following the 
denunciation, the convention shall cease to be in force for the 
denouncing state, but shall continue to be in force for the 
other contracting states.

Statement of Panama

  The Delegation of Panama states for the record that nothing 
in this convention shall be interpreted to the effect that the 
right of asylum implies the right to request asylum from the 
United States authorities in the Panama Canal Zone, or that 
there is recognition of the right of the United States to grant 
asylum or political refuge in that part of the territory of the 
Republic of Panama that constitutes the Canal Zone.

  In witness whereof, the undersigned plenipotentiaries, having 
presented their full powers, which have been found to be in due 
and proper form, sign this convention on behalf of their 
respective governments, at the city of Washington this second 
day of February of the year one thousand nine hundred seventy-
one.
 b. International Convention for the Suppression of Terrorist Bombings 
                                  \1\

Adopted at New York, December 15, 1997; Signed on behalf of the United 
 States, January 12, 1998; Entered into force generally, May 23, 2001; 
  Ratification advised by the Senate, December 5, 2001; Entered into 
               force for the United States, July 26, 2002

  The States Parties to this Convention,

  Having in Mind the purposes and principles of the Charter of 
the United Nations concerning the maintenance of international 
peace and security and the promotion of good-neighbourliness 
and friendly relations and cooperation among States,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

  Deeply Concerned about the worldwide escalation of acts of 
---------------------------------------------------------------------------
terrorism in all its forms and manifestations,

  Recalling the Declaration on the Occasion of the Fiftieth 
Anniversary of the United Nations of 24 October 1995,

  Recalling Also the Declaration on Measures to Eliminate 
International Terrorism, annexed to General Assembly resolution 
49/60 of 9 December 1994, in which, inter alia, ``the States 
Members of the United Nations solemnly reaffirm their 
unequivocal condemnation of all acts, methods and practices of 
terrorism as criminal and unjustifiable, wherever and by 
whomever committed, including those which jeopardize the 
friendly relations among States and peoples and threaten the 
territorial integrity and security of States'',

  Noting that the Declaration also encouraged States ``to 
review urgently the scope of the existing international legal 
provisions on the prevention, repression and elimination of 
terrorism in all its forms and manifestations, with the aim of 
ensuring that there is a comprehensive legal framework covering 
all aspects of the matter'',

  Recalling Further General Assembly resolution 51/210 of 17 
December 1996 and the Declaration to Supplement the 1994 
Declaration on Measures to Eliminate International Terrorism, 
annexed thereto,

  Noting Also that terrorist attacks by means of explosives or 
other lethal devices have become increasingly widespread,

  Noting Further that existing multilateral legal provisions do 
not adequately address these attacks,

  Being Convinced of the urgent need to enhance international 
cooperation between States in devising and adopting effective 
and practical measures for the prevention of such acts of 
terrorism, and for the prosecution and punishment of their 
perpetrators,

  Considering that the occurrence of such acts is a matter of 
grave concern to the international community as a whole,

  Noting that the activities of military forces of States are 
governed by rules of international law outside the framework of 
this Convention and that the exclusion of certain actions from 
the coverage of this Convention does not condone or make lawful 
otherwise unlawful acts, or preclude prosecution under other 
laws,

  Have agreed as follows:

                               Article 1

    For the purposes of this Convention:
    1. ``State or government facility'' includes any permanent 
or temporary facility or conveyance that is used or occupied by 
representatives of a State, members of Government, the 
legislature or the judiciary or by officials or employees of a 
State or any other public authority or entity or by employees 
or officials of an intergovernmental organization in connection 
with their official duties.
    2. ``Infrastructure facility'' means any publicly or 
privately owned facility providing or distributing services for 
the benefit of the public, such as water, sewage, energy, fuel 
or communications.
    3. ``Explosive or other lethal device'' means:
          (a) An explosive or incendiary weapon or device that 
        is designed, or has the capability, to cause death, 
        serious bodily injury or substantial material damage; 
        or
          (b) A weapon or device that is designed, or has the 
        capability, to cause death, serious bodily injury or 
        substantial material damage through the release, 
        dissemination or impact of toxic chemicals, biological 
        agents or toxins or similar substances or radiation or 
        radioactive material.
    4. ``Military forces of a State'' means the armed forces of 
a State which are organized, trained and equipped under its 
internal law for the primary purpose of national defence or 
security, and persons acting in support of those armed forces 
who are under their formal command, control and responsibility.
    5. ``Place of public use'' means those parts of any 
building, land, street, waterway or other location that are 
accessible or open to members of the public, whether 
continuously, periodically or occasionally, and encompasses any 
commercial, business, cultural, historical, educational, 
religious, governmental, entertainment, recreational or similar 
place that is so accessible or open to the public.
    6. ``Public transportation system'' means all facilities, 
conveyances and instrumentalities, whether publicly or 
privately owned, that are used in or for publicly available 
services for the transportation of persons or cargo.

                               Article 2

    1. Any person commits an offence within the meaning of this 
Convention if that person unlawfully and intentionally 
delivers, places, discharges or detonates an explosive or other 
lethal device in, into or against a place of public use, a 
State or government facility, a public transportation system or 
an infrastructure facility:
          (a) With the intent to cause death or serious bodily 
        injury; or
          (b) With the intent to cause extensive destruction of 
        such a place, facility or system, where such 
        destruction results in or is likely to result in major 
        economic loss.
    2. Any person also commits an offence if that person 
attempts to commit an offence as set forth in paragraph 1.
    3. Any person also commits an offence if that person:
          (a) Participates as an accomplice in an offence as 
        set forth in paragraph 1 or 2; or
          (b) Organizes or directs others to commit an offence 
        as set forth in paragraph 1 or 2; or
          (c) In any other way contributes to the commission of 
        one or more offences as set forth in paragraph 1 or 2 
        by a group of persons acting with a common purpose; 
        such contribution shall be intentional and either be 
        made with the aim of furthering the general criminal 
        activity or purpose of the group or be made in the 
        knowledge of the intention of the group to commit the 
        offence or offences concerned.

                               Article 3

    This Convention shall not apply where the offence is 
committed within a single State, the alleged offender and the 
victims are nationals of that State, the alleged offender is 
found in the territory of that State and no other State has a 
basis under Article 6, paragraph 1, or Article 6, paragraph 2, 
of this Convention to exercise jurisdiction, except that the 
provisions of Articles 10 to 15 shall, as appropriate, apply in 
those cases.

                               Article 4

    Each State Party shall adopt such measures as may be 
necessary:
          (a) To establish as criminal offences under its 
        domestic law the offences set forth in Article 2 of 
        this Convention;
          (b) To make those offences punishable by appropriate 
        penalties which take into account the grave nature of 
        those offences.

                               Article 5

    Each State Party shall adopt such measures as may be 
necessary, including, where appropriate, domestic legislation, 
to ensure that criminal acts within the scope of this 
Convention, in particular where they are intended or calculated 
to provoke a state of terror in the general public or in a 
group of persons or particular persons, are under no 
circumstances justifiable by considerations of a political, 
philosophical, ideological, racial, ethnic, religious or other 
similar nature and are punished by penalties consistent with 
their grave nature.

                               Article 6

    1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over the offences set 
forth in Article 2 when:
          (a) The offence is committed in the territory of that 
        State; or
          (b) The offence is committed on board a vessel flying 
        the flag of that State or an aircraft which is 
        registered under the laws of that State at the time the 
        offence is committed; or
          (c) The offence is committed by a national of that 
        State.
    2. A State Party may also establish its jurisdiction over 
any such offence when:
          (a) The offence is committed against a national of 
        that State; or
          (b) The offence is committed against a State or 
        government facility of that State abroad, including an 
        embassy or other diplomatic or consular premises of 
        that State; or
          (c) The offence is committed by a stateless person 
        who has his or her habitual residence in the territory 
        of that State; or
          (d) The offence is committed in an attempt to compel 
        that State to do or abstain from doing any act; or
          (e) The offence is committed on board an aircraft 
        which is operated by the Government of that State.
    3. Upon ratifying, accepting, approving or acceding to this 
Convention, each State Party shall notify the Secretary-General 
of the United Nations of the jurisdiction it has established in 
accordance with paragraph 2 under its domestic law. Should any 
change take place, the State Party concerned shall immediately 
notify the Secretary-General.
    4. Each State Party shall likewise take such measures as 
may be necessary to establish its jurisdiction over the 
offences set forth in Article 2 in cases where the alleged 
offender is present in its territory and it does not extradite 
that person to any of the States Parties which have established 
their jurisdiction in accordance with paragraph 1 or 2.
    5. This Convention does not exclude the exercise of any 
criminal jurisdiction established by a State Party in 
accordance with its domestic law.

                               Article 7

    1. Upon receiving information that a person who has 
committed or who is alleged to have committed an offence as set 
forth in Article 2 may be present in its territory, the State 
Party concerned shall take such measures as may be necessary 
under its domestic law to investigate the facts contained in 
the information.
    2. Upon being satisfied that the circumstances so warrant, 
the State Party in whose territory the offender or alleged 
offender is present shall take the appropriate measures under 
its domestic law so as to ensure that person's presence for the 
purpose of prosecution or extradition.
    3. Any person regarding whom the measures referred to in 
paragraph 2 are being taken shall be entitled to:
          (a) Communicate without delay with the nearest 
        appropriate representative of the State of which that 
        person is a national or which is otherwise entitled to 
        protect that person's rights or, if that person is a 
        stateless person, the State in the territory of which 
        that person habitually resides;
          (b) Be visited by a representative of that State;
          (c) Be informed of that person's rights under 
        subparagraphs (a) and (b).
    4. The rights referred to in paragraph 3 shall be exercised 
in conformity with the laws and regulations of the State in the 
territory of which the offender or alleged offender is present, 
subject to the provision that the said laws and regulations 
must enable full effect to be given to the purposes for which 
the rights accorded under paragraph 3 are intended.
    5. The provisions of paragraphs 3 and 4 shall be without 
prejudice to the right of any State Party having a claim to 
jurisdiction in accordance with Article 6, subparagraph 1(c) or 
2(c), to invite the International Committee of the Red Cross to 
communicate with and visit the alleged offender.
    6. When a State Party, pursuant to this Article, has taken 
a person into custody, it shall immediately notify, directly or 
through the Secretary-General of the United Nations, the States 
Parties which have established jurisdiction in accordance with 
Article 6, paragraphs 1 and 2, and, if it considers it 
advisable, any other interested States Parties, of the fact 
that such person is in custody and of the circumstances which 
warrant that person's detention. The State which makes the 
investigation contemplated in paragraph 1 shall promptly inform 
the said States Parties of its findings and shall indicate 
whether it intends to exercise jurisdiction.

                               Article 8

    1. The State Party in the territory of which the alleged 
offender is present shall, in cases to which Article 6 applies, 
if it does not extradite that person, be obliged, without 
exception whatsoever and whether or not the offence was 
committed in its territory, to submit the case without undue 
delay to its competent authorities for the purpose of 
prosecution, through proceedings in accordance with the laws of 
that State. Those authorities shall take their decision in the 
same manner as in the case of any other offence of a grave 
nature under the law of that State.
    2. Whenever a State Party is permitted under its domestic 
law to extradite or otherwise surrender one of its nationals 
only upon the condition that the person will be returned to 
that State to serve the sentence imposed as a result of the 
trial or proceeding for which the extradition or surrender of 
the person was sought, and this State and the State seeking the 
extradition of the person agree with this option and other 
terms they may deem appropriate, such a conditional extradition 
or surrender shall be sufficient to discharge the obligation 
set forth in paragraph 1.

                               Article 9

    1. The offences set forth in Article 2 shall be deemed to 
be included as extraditable offences in any extradition treaty 
existing between any of the States Parties before the entry 
into force of this Convention. States Parties undertake to 
include such offences as extraditable offences in every 
extradition treaty to be subsequently concluded between them.
    2. When a State Party which makes extradition conditional 
on the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, the requested State Party may, at its option, consider 
this Convention as a legal basis for extradition in respect of 
the offences set forth in Article 2. Extradition shall be 
subject to the other conditions provided by the law of the 
requested State.
    3. States Parties which do not make extradition conditional 
on the existence of a treaty shall recognize the offences set 
forth in Article 2 as extraditable offences between themselves, 
subject to the conditions provided by the law of the requested 
State.
    4. If necessary, the offences set forth in Article 2 shall 
be treated, for the purposes of extradition between States 
Parties, as if they had been committed not only in the place in 
which they occurred but also in the territory of the States 
that have established jurisdiction in accordance with Article 
6, paragraphs 1 and 2.
    5. The provisions of all extradition treaties and 
arrangements between States Parties with regard to offences set 
forth in Article 2 shall be deemed to be modified as between 
State Parties to the extent that they are incompatible with 
this Convention.

                               Article 10

    1. States Parties shall afford one another the greatest 
measure of assistance in connection with investigations or 
criminal or extradition proceedings brought in respect of the 
offences set forth in Article 2, including assistance in 
obtaining evidence at their disposal necessary for the 
proceedings.
    2. States Parties shall carry out their obligations under 
paragraph 1 in conformity with any treaties or other 
arrangements on mutual legal assistance that may exist between 
them. In the absence of such treaties or arrangements, States 
Parties shall afford one another assistance in accordance with 
their domestic law.

                               Article 11

    None of the offences set forth in Article 2 shall be 
regarded, for the purposes of extradition or mutual legal 
assistance, as a political offence or as an offence connected 
with a political offence or as an offence inspired by political 
motives. Accordingly, a request for extradition or for mutual 
legal assistance based on such an offence may not be refused on 
the sole ground that it concerns a political offence or an 
offence connected with a political offence or an offence 
inspired by political motives.

                               Article 12

    Nothing in this Convention shall be interpreted as imposing 
an obligation to extradite or to afford mutual legal 
assistance, if the requested State Party has substantial 
grounds for believing that the request for extradition for 
offences set forth in Article 2 or for mutual legal assistance 
with respect to such offences has been made for the purpose of 
prosecuting or punishing a person on account of that person's 
race, religion, nationality, ethnic origin or political opinion 
or that compliance with the request would cause prejudice to 
that person's position for any of these reasons.

                               Article 13

    1. A person who is being detained or is serving a sentence 
in the territory of one State party whose presence in another 
State Party is requested for purposes of testimony, 
identification or otherwise providing assistance in obtaining 
evidence for the investigation or prosecution of offences under 
this Convention may be transferred if the following conditions 
are met:
          (a) The person freely gives his or her informed 
        consent; and
          (b) The competent authorities of both States agree, 
        subject to such conditions as those States may deem 
        appropriate.
    2. For the purposes of this Article:
          (a) The State to which the person is transferred 
        shall have the authority and obligation to keep the 
        person transferred in custody, unless otherwise 
        requested or authorized by the State from which the 
        person was transferred;
          (b) The State to which the person is transferred 
        shall without delay implement its obligation to return 
        the person to the custody of the State from which the 
        person was transferred as agreed beforehand, or as 
        otherwise agreed, by the competent authorities of both 
        States;
          (c) The State to which the person is transferred 
        shall not require the State from which the person was 
        transferred to initiate extradition proceedings for the 
        return of the person;
          (d) The person transferred shall receive credit for 
        service of the sentence being served in the State from 
        which he was transferred for time spent in the custody 
        of the State to which he was transferred.
    3. Unless the State Party from which a person is to be 
transferred in accordance with this Article so agrees, that 
person, whatever his or her nationality, shall not be 
prosecuted or detained or subjected to any other restriction of 
his or her personal liberty in the territory of the State to 
which that person is transferred in respect of acts or 
convictions anterior to his or her departure from the territory 
of the State from which such person was transferred.

                               Article 14

    Any person who is taken into custody or regarding whom any 
other measures are taken or proceedings are carried out 
pursuant to this Convention shall be guaranteed fair treatment, 
including enjoyment of all rights and guarantees in conformity 
with the law of the State in the territory of which that person 
is present and applicable provisions of international law, 
including international law of human rights.

                               Article 15

    States Parties shall cooperate in the prevention of the 
offences set forth in Article 2, particularly:
          (a) By taking all practicable measures, including, if 
        necessary, adapting their domestic legislation, to 
        prevent and counter preparations in their respective 
        territories for the commission of those offences within 
        or outside their territories, including measures to 
        prohibit in their territories illegal activities of 
        persons, groups and organizations that encourage, 
        instigate, organize, knowingly finance or engage in the 
        perpetration of offences as set forth in Article 2;
          (b) By exchanging accurate and verified information 
        in accordance with their national law, and coordinating 
        administrative and other measures taken as appropriate 
        to prevent the commission of offences as set forth in 
        Article 2;
          (c) Where appropriate, through research and 
        development regarding methods of detection of 
        explosives and other harmful substances that can cause 
        death or bodily injury, consultations on the 
        development of standards for marking explosives in 
        order to identify their origin in post-blast 
        investigations, exchange of information on preventive 
        measures, cooperation and transfer of technology, 
        equipment and related materials.

                               Article 16

    The State Party where the alleged offender is prosecuted 
shall, in accordance with its domestic law or applicable 
procedures, communicate the final outcome of the proceedings to 
the Secretary-General of the United Nations, who shall transmit 
the information to the other States Parties.

                               Article 17

    The States Parties shall carry out their obligations under 
this Convention in a manner consistent with the principles of 
sovereign equality and territorial integrity of States and that 
of non-intervention in the domestic affairs of other States.

                               Article 18

    Nothing in this Convention entitles a State Party to 
undertake in the territory of another State Party the exercise 
of jurisdiction and performance of functions which are 
exclusively reserved for the authorities of that other State 
Party by its domestic law.

                               Article 19

    1. Nothing in this Convention shall affect other rights, 
obligations and responsibilities of States and individuals 
under international law, in particular the purposes and 
principles of the Charter of the United Nations and 
international humanitarian law.
    2. The activities of armed forces during an armed conflict, 
as those terms are understood under international humanitarian 
law, which are governed by that law, are not governed by this 
Convention, and the activities undertaken by military forces of 
a State in the exercise of their official duties, inasmuch as 
they are governed by other rules of international law, are not 
governed by this Convention.

                               Article 20

    1. Any dispute between two or more States Parties 
concerning the interpretation or application of this Convention 
which cannot be settled through negotiation within a reasonable 
time shall, at the request of one of them, be submitted to 
arbitration. If, within six months from the date of the request 
for arbitration, the parties are unable to agree on the 
organization of the arbitration, any one of those parties may 
refer the dispute to the International Court of Justice, by 
application, in conformity with the Statute of the Court.
    2. Each state may at the time of signature, ratification, 
acceptance or approval of this Convention or accession thereto 
declare that it does not consider itself bound by paragraph 1. 
The other States Parties shall not be bound by paragraph 1 with 
respect to any State Party which has made such a reservation.
    3. Any State which has made a reservation in accordance 
with paragraph 2 may at any time withdraw that reservation by 
notification to the Secretary-General of the United Nations.

                               Article 21

    1. This Convention shall be open for signature by all 
States from 12 January 1998 until 31 December 1999 at United 
Nations Headquarters in New York.
    2. This Convention is subject to ratification, acceptance 
or approval. The instruments of ratification, acceptance or 
approval shall be deposited with the Secretary-General of the 
United Nations.
    3. This Convention shall be open to accession by any State. 
The instruments of accession shall be deposited with the 
Secretary-General of the United Nations.

                               Article 22

    1. This Convention shall enter into force on the thirtieth 
day following the date of the deposit of the twenty-second 
instrument of ratification, acceptance, approval or accession 
with the Secretary-General of the United Nations.
    2. For each State ratifying, accepting, approving or 
acceding to the Convention after the deposit of the twenty-
second instrument of ratification, acceptance, approval or 
accession, the Convention shall enter into force on the 
thirtieth day after deposit by such State of its instrument of 
ratification, acceptance, approval or accession.

                               Article 23

    1. Any State Party may denounce this Convention by written 
notification to the Secretary-General of the United Nations.
    2. Denunciation shall take effect one year following the 
date on which notification is received by the Secretary-General 
of the United Nations.

                               Article 24

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States.

    In witness whereof, the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at New York on 12 January 
1998.
  c. International Convention for the Suppression of the Financing of 
                             Terrorism \1\

 Adopted at New York, December 9, 1999; Signed on behalf of the United 
States, January 10, 2000; Ratification advised by the Senate, December 
  5, 2001; Entered into force generally, April 10, 2002; Entered into 
               force for the United States, July 26, 2002

    The General Assembly,

    Recalling all its relevant resolutions, including 
resolution 46/51 of 9 December 1991, resolution 49/60 of 9 
December 1994, by which it adopted the Declaration on Measures 
to Eliminate International Terrorism, and resolutions 51/210 of 
17 December 1996 and 53/108 of 8 December 1998,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Having considered the text of the draft international 
convention for the suppression of the financing of terrorism 
prepared by the Ad Hoc Committee established by General 
Assembly resolution 51/210 of 17 December 1996 and the Working 
Group of the Sixth Committee,
    1. Adopts the International Convention for the Suppression 
of the Financing of Terrorism annexed to the present 
resolution, and requests the Secretary-General to open it for 
signature at United Nations Headquarters in New York from 10 
January 2000 to 31 December 2001;
    2. Urges all States to sign and ratify, accept, approve or 
accede to the Convention.

                                 Annex

   International Convention for the Suppression of the Financing of 
                               Terrorism

                                Preamble

    The States Parties to this Convention,

    Bearing in mind the purposes and principles of the Charter 
of the United Nations concerning the maintenance of 
international peace and security and the promotion of good-
neighbourliness and friendly relations and cooperation among 
States,

    Deeply concerned about the worldwide escalation of acts of 
terrorism in all its forms and manifestations,

    Recalling the Declaration on the Occasion of the Fiftieth 
Anniversary of the United Nations, contained in General 
Assembly resolution 50/6 of 24 October 1995,

    Recalling also all the relevant General Assembly 
resolutions on the matter, including resolution 49/60 of 9 
December 1994 and the annex thereto on the Declaration on 
Measures to Eliminate International Terrorism, in which the 
States Members of the United Nations solemnly reaffirmed their 
unequivocal condemnation of all acts, methods and practices of 
terrorism as criminal and unjustifiable, wherever and by 
whomever committed, including those which jeopardize the 
friendly relations among States and peoples and threaten the 
territorial integrity and security of States,

    Noting that the Declaration on Measures to Eliminate 
International Terrorism also encouraged States to review 
urgently the scope of the existing international legal 
provisions on the prevention, repression and elimination of 
terrorism in all its forms and manifestations, with the aim of 
ensuring that there is a comprehensive legal framework covering 
all aspects of the matter,

    Recalling paragraph 3 (f) of General Assembly resolution 
51/210 of 17 December 1996, in which the Assembly called upon 
all States to take steps to prevent and counteract, through 
appropriate domestic measures, the financing of terrorists and 
terrorist organizations, whether such financing is direct or 
indirect through organizations which also have or claim to have 
charitable, social or cultural goals or which are also engaged 
in unlawful activities such as illicit arms trafficking, drug 
dealing and racketeering, including the exploitation of persons 
for purposes of funding terrorist activities, and in particular 
to consider, where appropriate, adopting regulatory measures to 
prevent and counteract movements of funds suspected to be 
intended for terrorist purposes without impeding in any way the 
freedom of legitimate capital movements and to intensify the 
exchange of information concerning international movements of 
such funds,

    Recalling also General Assembly resolution 52/165 of 15 
December 1997, in which the Assembly called upon States to 
consider, in particular, the implementation of the measures set 
out in paragraphs 3 (a) to (f) of its resolution 51/210,

    Recalling further General Assembly resolution 53/108 of 8 
December 1998, in which the Assembly decided that the Ad Hoc 
Committee established by General Assembly resolution 51/210 of 
17 December 1996 should elaborate a draft international 
convention for the suppression of terrorist financing to 
supplement related existing international instruments,

    Considering that the financing of terrorism is a matter of 
grave concern to the international community as a whole,

    Noting that the number and seriousness of acts of 
international terrorism depend on the financing that terrorists 
may obtain,

    Noting also that existing multilateral legal instruments do 
not expressly address such financing,

    Being convinced of the urgent need to enhance international 
cooperation among States in devising and adopting effective 
measures for the prevention of the financing of terrorism, as 
well as for its suppression through the prosecution and 
punishment of its perpetrators,

    Have agreed as follows:

                               Article 1

    For the purposes of this Convention:
    1. ``Funds'' means assets of every kind, whether tangible 
or intangible, movable or immovable, however acquired, and 
legal documents or instruments in any form, including 
electronic or digital, evidencing title to, or interest in, 
such assets, including, but not limited to, bank credits, 
travellers cheques, bank cheques, money orders, shares, 
securities, bonds, drafts and letters of credit.
    2. ``State or government facility'' means any permanent or 
temporary facility or conveyance that is used or occupied by 
representatives of a State, members of Government, the 
legislature or the judiciary or by officials or employees of a 
State or any other public authority or entity or by employees 
or officials of an intergovernmental organization in connection 
with their official duties.
    3. ``Proceeds'' means any funds derived from or obtained, 
directly or indirectly, through the commission of an offence 
set forth in article 2.

                               Article 2

    1. Any person commits an offence within the meaning of this 
Convention if that person by any means, directly or indirectly, 
unlawfully and wilfully, provides or collects funds with the 
intention that they should be used or in the knowledge that 
they are to be used, in full or in part, in order to carry out:
          (a) An act which constitutes an offence within the 
        scope of and as defined in one of the treaties listed 
        in the annex; or
          (b) Any other act intended to cause death or serious 
        bodily injury to a civilian, or to any other person not 
        taking an active part in the hostilities in a situation 
        of armed conflict, when the purpose of such act, by its 
        nature or context, is to intimidate a population, or to 
        compel a Government or an international organization to 
        do or to abstain from doing any act.
    2. (a) On depositing its instrument of ratification, 
acceptance, approval or accession, a State Party which is not a 
party to a treaty listed in the annex may declare that, in the 
application of this Convention to the State Party, the treaty 
shall be deemed not to be included in the annex referred to in 
paragraph 1, subparagraph (a). The declaration shall cease to 
have effect as soon as the treaty enters into force for the 
State Party, which shall notify the depositary of this fact;
    (b) When a State Party ceases to be a party to a treaty 
listed in the annex, it may make a declaration as provided for 
in this article, with respect to that treaty.
    3. For an act to constitute an offence set forth in 
paragraph 1, it shall not be necessary that the funds were 
actually used to carry out an offence referred to in paragraph 
1, subparagraph (a) or (b).
    4. Any person also commits an offence if that person 
attempts to commit an offence as set forth in paragraph 1 of 
this article.
    5. Any person also commits an offence if that person:
          (a) Participates as an accomplice in an offence as 
        set forth in paragraph 1 or 4 of this article;
          (b) Organizes or directs others to commit an offence 
        as set forth in paragraph 1 or 4 of this article;
          (c) Contributes to the commission of one or more 
        offences as set forth in paragraph 1 or 4 of this 
        article by a group of persons acting with a common 
        purpose. Such contribution shall be intentional and 
        shall either:
                  (i) Be made with the aim of furthering the 
                criminal activity or criminal purpose of the 
                group, where such activity or purpose involves 
                the commission of an offence as set forth in 
                paragraph 1 of this article; or
                  (ii) Be made in the knowledge of the 
                intention of the group to commit an offence as 
                set forth in paragraph 1 of this article.

                               Article 3

    This Convention shall not apply where the offence is 
committed within a single State, the alleged offender is a 
national of that State and is present in the territory of that 
State and no other State has a basis under article 7, paragraph 
1 or 2, to exercise jurisdiction, except that the provisions of 
articles 12 to 18 shall, as appropriate, apply in those cases.

                               Article 4

    Each State Party shall adopt such measures as may be 
necessary:
          (a) To establish as criminal offences under its 
        domestic law the offences as set forth in article 2;
          (b) To make those offences punishable by appropriate 
        penalties which take into account the grave nature of 
        the offences.

                               Article 5

    1. Each State Party, in accordance with its domestic legal 
principles, shall take the necessary measures to enable a legal 
entity located in its territory or organized under its laws to 
be held liable when a person responsible for the management or 
control of that legal entity has, in that capacity, committed 
an offence as set forth in article 2. Such liability may be 
criminal, civil or administrative.
    2. Such liability is incurred without prejudice to the 
criminal liability of individuals who have committed the 
offences.
    3. Each State Party shall ensure, in particular, that legal 
entities liable in accordance with paragraph 1 above are 
subject to effective, proportionate and dissuasive criminal, 
civil or administrative sanctions. Such sanctions may include 
monetary sanctions.

                               Article 6

    Each State Party shall adopt such measures as may be 
necessary, including, where appropriate, domestic legislation, 
to ensure that criminal acts within the scope of this 
Convention are under no circumstances justifiable by 
considerations of a political, philosophical, ideological, 
racial, ethnic, religious or other similar nature.

                               Article 7

    1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over the offences set 
forth in article 2 when:
          (a) The offence is committed in the territory of that 
        State;
          (b) The offence is committed on board a vessel flying 
        the flag of that State or an aircraft registered under 
        the laws of that State at the time the offence is 
        committed;
          (c) The offence is committed by a national of that 
        State.
    2. A State Party may also establish its jurisdiction over 
any such offence when:
          (a) The offence was directed towards or resulted in 
        the carrying out of an offence referred to in article 
        2, paragraph 1, subparagraph (a) or (b), in the 
        territory of or against a national of that State;
          (b) The offence was directed towards or resulted in 
        the carrying out of an offence referred to in article 
        2, paragraph 1, subparagraph (a) or (b), against a 
        State or government facility of that State abroad, 
        including diplomatic or consular premises of that 
        State;
          (c) The offence was directed towards or resulted in 
        an offence referred to in article 2, paragraph 1, 
        subparagraph (a) or (b), committed in an attempt to 
        compel that State to do or abstain from doing any act;
          (d) The offence is committed by a stateless person 
        who has his or her habitual residence in the territory 
        of that State;
          (e) The offence is committed on board an aircraft 
        which is operated by the Government of that State.
    3. Upon ratifying, accepting, approving or acceding to this 
Convention, each State Party shall notify the Secretary-General 
of the United Nations of the jurisdiction it has established in 
accordance with paragraph 2. Should any change take place, the 
State Party concerned shall immediately notify the Secretary-
General.
    4. Each State Party shall likewise take such measures as 
may be necessary to establish its jurisdiction over the 
offences set forth in article 2 in cases where the alleged 
offender is present in its territory and it does not extradite 
that person to any of the States Parties that have established 
their jurisdiction in accordance with paragraphs 1 or 2.
    5. When more than one State Party claims jurisdiction over 
the offences set forth in article 2, the relevant States 
Parties shall strive to coordinate their actions appropriately, 
in particular concerning the conditions for prosecution and the 
modalities for mutual legal assistance.
    6. Without prejudice to the norms of general international 
law, this Convention does not exclude the exercise of any 
criminal jurisdiction established by a State Party in 
accordance with its domestic law.

                               Article 8

    1. Each State Party shall take appropriate measures, in 
accordance with its domestic legal principles, for the 
identification, detection and freezing or seizure of any funds 
used or allocated for the purpose of committing the offences 
set forth in article 2 as well as the proceeds derived from 
such offences, for purposes of possible forfeiture.
    2. Each State Party shall take appropriate measures, in 
accordance with its domestic legal principles, for the 
forfeiture of funds used or allocated for the purpose of 
committing the offences set forth in article 2 and the proceeds 
derived from such offences.
    3. Each State Party concerned may give consideration to 
concluding agreements on the sharing with other States Parties, 
on a regular or case-by-case basis, of the funds derived from 
the forfeitures referred to in this article.
    4. Each State Party shall consider establishing mechanisms 
whereby the funds derived from the forfeitures referred to in 
this article are utilized to compensate the victims of offences 
referred to in article 2, paragraph 1, subparagraph (a) or (b), 
or their families.
    5. The provisions of this article shall be implemented 
without prejudice to the rights of third parties acting in good 
faith.

                               Article 9

    1. Upon receiving information that a person who has 
committed or who is alleged to have committed an offence set 
forth in article 2 may be present in its territory, the State 
Party concerned shall take such measures as may be necessary 
under its domestic law to investigate the facts contained in 
the information.
    2. Upon being satisfied that the circumstances so warrant, 
the State Party in whose territory the offender or alleged 
offender is present shall take the appropriate measures under 
its domestic law so as to ensure that person's presence for the 
purpose of prosecution or extradition.
    3. Any person regarding whom the measures referred to in 
paragraph 2 are being taken shall be entitled:
          (a) To communicate without delay with the nearest 
        appropriate representative of the State of which that 
        person is a national or which is otherwise entitled to 
        protect that person's rights or, if that person is a 
        stateless person, the State in the territory of which 
        that person habitually resides;
          (b) To be visited by a representative of that State;
          (c) To be informed of that person's rights under 
        subparagraphs (a) and (b).
    4. The rights referred to in paragraph 3 shall be exercised 
in conformity with the laws and regulations of the State in the 
territory of which the offender or alleged offender is present, 
subject to the provision that the said laws and regulations 
must enable full effect to be given to the purposes for which 
the rights accorded under paragraph 3 are intended.
    5. The provisions of paragraphs 3 and 4 shall be without 
prejudice to the right of any State Party having a claim to 
jurisdiction in accordance with article 7, paragraph 1, 
subparagraph (b), or paragraph 2, subparagraph (b), to invite 
the International Committee of the Red Cross to communicate 
with and visit the alleged offender.
    6. When a State Party, pursuant to the present article, has 
taken a person into custody, it shall immediately notify, 
directly or through the Secretary-General of the United 
Nations, the States Parties which have established jurisdiction 
in accordance with article 7, paragraph 1 or 2, and, if it 
considers it advisable, any other interested States Parties, of 
the fact that such person is in custody and of the 
circumstances which warrant that person's detention. The State 
which makes the investigation contemplated in paragraph 1 shall 
promptly inform the said States Parties of its findings and 
shall indicate whether it intends to exercise jurisdiction.

                               Article 10

    1. The State Party in the territory of which the alleged 
offender is present shall, in cases to which article 7 applies, 
if it does not extradite that person, be obliged, without 
exception whatsoever and whether or not the offence was 
committed in its territory, to submit the case without undue 
delay to its competent authorities for the purpose of 
prosecution, through proceedings in accordance with the laws of 
that State. Those authorities shall take their decision in the 
same manner as in the case of any other offence of a grave 
nature under the law of that State.
    2. Whenever a State Party is permitted under its domestic 
law to extradite or otherwise surrender one of its nationals 
only upon the condition that the person will be returned to 
that State to serve the sentence imposed as a result of the 
trial or proceeding for which the extradition or surrender of 
the person was sought, and this State and the State seeking the 
extradition of the person agree with this option and other 
terms they may deem appropriate, such a conditional extradition 
or surrender shall be sufficient to discharge the obligation 
set forth in paragraph 1.

                               Article 11

    1. The offences set forth in article 2 shall be deemed to 
be included as extraditable offences in any extradition treaty 
existing between any of the States Parties before the entry 
into force of this Convention. States Parties undertake to 
include such offences as extraditable offences in every 
extradition treaty to be subsequently concluded between them.
    2. When a State Party which makes extradition conditional 
on the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, the requested State Party may, at its option, consider 
this Convention as a legal basis for extradition in respect of 
the offences set forth in article 2. Extradition shall be 
subject to the other conditions provided by the law of the 
requested State.
    3. States Parties which do not make extradition conditional 
on the existence of a treaty shall recognize the offences set 
forth in article 2 as extraditable offences between themselves, 
subject to the conditions provided by the law of the requested 
State.
    4. If necessary, the offences set forth in article 2 shall 
be treated, for the purposes of extradition between States 
Parties, as if they had been committed not only in the place in 
which they occurred but also in the territory of the States 
that have established jurisdiction in accordance with article 
7, paragraphs 1 and 2.
    5. The provisions of all extradition treaties and 
arrangements between States Parties with regard to offences set 
forth in article 2 shall be deemed to be modified as between 
States Parties to the extent that they are incompatible with 
this Convention.

                               Article 12

    1. States Parties shall afford one another the greatest 
measure of assistance in connection with criminal 
investigations or criminal or extradition proceedings in 
respect of the offences set forth in article 2, including 
assistance in obtaining evidence in their possession necessary 
for the proceedings.
    2. States Parties may not refuse a request for mutual legal 
assistance on the ground of bank secrecy.
    3. The requesting Party shall not transmit or use 
information or evidence furnished by the requested Party for 
investigations, prosecutions or proceedings other than those 
stated in the request without the prior consent of the 
requested Party.
    4. Each State Party may give consideration to establishing 
mechanisms to share with other States Parties information or 
evidence needed to establish criminal, civil or administrative 
liability pursuant to article 5.
    5. States Parties shall carry out their obligations under 
paragraphs 1 and 2 in conformity with any treaties or other 
arrangements on mutual legal assistance or information exchange 
that may exist between them. In the absence of such treaties or 
arrangements, States Parties shall afford one another 
assistance in accordance with their domestic law.

                               Article 13

    None of the offences set forth in article 2 shall be 
regarded, for the purposes of extradition or mutual legal 
assistance, as a fiscal offence. Accordingly, States Parties 
may not refuse a request for extradition or for mutual legal 
assistance on the sole ground that it concerns a fiscal 
offence.

                               Article 14

    None of the offences set forth in article 2 shall be 
regarded for the purposes of extradition or mutual legal 
assistance as a political offence or as an offence connected 
with a political offence or as an offence inspired by political 
motives. Accordingly, a request for extradition or for mutual 
legal assistance based on such an offence may not be refused on 
the sole ground that it concerns a political offence or an 
offence connected with a political offence or an offence 
inspired by political motives.

                               Article 15

    Nothing in this Convention shall be interpreted as imposing 
an obligation to extradite or to afford mutual legal 
assistance, if the requested State Party has substantial 
grounds for believing that the request for extradition for 
offences set forth in article 2 or for mutual legal assistance 
with respect to such offences has been made for the purpose of 
prosecuting or punishing a person on account of that person's 
race, religion, nationality, ethnic origin or political opinion 
or that compliance with the request would cause prejudice to 
that person's position for any of these reasons.

                               Article 16

    1. A person who is being detained or is serving a sentence 
in the territory of one State Party whose presence in another 
State Party is requested for purposes of identification, 
testimony or otherwise providing assistance in obtaining 
evidence for the investigation or prosecution of offences set 
forth in article 2 may be transferred if the following 
conditions are met:
          (a) The person freely gives his or her informed 
        consent;
          (b) The competent authorities of both States agree, 
        subject to such conditions as those States may deem 
        appropriate.
    2. For the purposes of the present article:
          (a) The State to which the person is transferred 
        shall have the authority and obligation to keep the 
        person transferred in custody, unless otherwise 
        requested or authorized by the State from which the 
        person was transferred;
          (b) The State to which the person is transferred 
        shall without delay implement its obligation to return 
        the person to the custody of the State from which the 
        person was transferred as agreed beforehand, or as 
        otherwise agreed, by the competent authorities of both 
        States;
          (c) The State to which the person is transferred 
        shall not require the State from which the person was 
        transferred to initiate extradition proceedings for the 
        return of the person;
          (d) The person transferred shall receive credit for 
        service of the sentence being served in the State from 
        which he or she was transferred for time spent in the 
        custody of the State to which he or she was 
        transferred.
    3. Unless the State Party from which a person is to be 
transferred in accordance with the present article so agrees, 
that person, whatever his or her nationality, shall not be 
prosecuted or detained or subjected to any other restriction of 
his or her personal liberty in the territory of the State to 
which that person is transferred in respect of acts or 
convictions anterior to his or her departure from the territory 
of the State from which such person was transferred.

                               Article 17

    Any person who is taken into custody or regarding whom any 
other measures are taken or proceedings are carried out 
pursuant to this Convention shall be guaranteed fair treatment, 
including enjoyment of all rights and guarantees in conformity 
with the law of the State in the territory of which that person 
is present and applicable provisions of international law, 
including international human rights law.

                               Article 18

    1. States Parties shall cooperate in the prevention of the 
offences set forth in article 2 by taking all practicable 
measures, inter alia, by adapting their domestic legislation, 
if necessary, to prevent and counter preparations in their 
respective territories for the commission of those offences 
within or outside their territories, including:
          (a) Measures to prohibit in their territories illegal 
        activities of persons and organizations that knowingly 
        encourage, instigate, organize or engage in the 
        commission of offences set forth in article 2;
          (b) Measures requiring financial institutions and 
        other professions involved in financial transactions to 
        utilize the most efficient measures available for the 
        identification of their usual or occasional customers, 
        as well as customers in whose interest accounts are 
        opened, and to pay special attention to unusual or 
        suspicious transactions and report transactions 
        suspected of stemming from a criminal activity. For 
        this purpose, States Parties shall consider:
                  (i) Adopting regulations prohibiting the 
                opening of accounts, the holders or 
                beneficiaries of which are unidentified or 
                unidentifiable, and measures to ensure that 
                such institutions verify the identity of the 
                real owners of such transactions;
                  (ii) With respect to the identification of 
                legal entities, requiring financial 
                institutions, when necessary, to take measures 
                to verify the legal existence and the structure 
                of the customer by obtaining, either from a 
                public register or from the customer or both, 
                proof of incorporation, including information 
                concerning the customer's name, legal form, 
                address, directors and provisions regulating 
                the power to bind the entity;
                  (iii) Adopting regulations imposing on 
                financial institutions the obligation to report 
                promptly to the competent authorities all 
                complex, unusual large transactions and unusual 
                patterns of transactions, which have no 
                apparent economic or obviously lawful purpose, 
                without fear of assuming criminal or civil 
                liability for breach of any restriction on 
                disclosure of information if they report their 
                suspicions in good faith;
                  (iv) Requiring financial institutions to 
                maintain, for at least five years, all 
                necessary records on transactions, both 
                domestic and international.
    2. States Parties shall further cooperate in the prevention 
of offences set forth in article 2 by considering:
          (a) Measures for the supervision, including, for 
        example, the licensing, of all money-transmission 
        agencies;
          (b) Feasible measures to detect or monitor the 
        physical cross-border transportation of cash and bearer 
        negotiable instruments, subject to strict safeguards to 
        ensure proper use of information and without impeding 
        in any way the freedom of capital movements.
    3. States Parties shall further cooperate in the prevention 
of the offences set forth in article 2 by exchanging accurate 
and verified information in accordance with their domestic law 
and coordinating administrative and other measures taken, as 
appropriate, to prevent the commission of offences set forth in 
article 2, in particular by:
          (a) Establishing and maintaining channels of 
        communication between their competent agencies and 
        services to facilitate the secure and rapid exchange of 
        information concerning all aspects of offences set 
        forth in article 2;
          (b) Cooperating with one another in conducting 
        inquiries, with respect to the offences set forth in 
        article 2, concerning:
                  (i) The identity, whereabouts and activities 
                of persons in respect of whom reasonable 
                suspicion exists that they are involved in such 
                offences;
                  (ii) The movement of funds relating to the 
                commission of such offences.
    4. States Parties may exchange information through the 
International Criminal Police Organization (Interpol).

                               Article 19

    The State Party where the alleged offender is prosecuted 
shall, in accordance with its domestic law or applicable 
procedures, communicate the final outcome of the proceedings to 
the Secretary-General of the United Nations, who shall transmit 
the information to the other States Parties.

                               Article 20

    The States Parties shall carry out their obligations under 
this Convention in a manner consistent with the principles of 
sovereign equality and territorial integrity of States and that 
of non-intervention in the domestic affairs of other States.

                               Article 21

    Nothing in this Convention shall affect other rights, 
obligations and responsibilities of States and individuals 
under international law, in particular the purposes of the 
Charter of the United Nations, international humanitarian law 
and other relevant conventions.

                               Article 22

    Nothing in this Convention entitles a State Party to 
undertake in the territory of another State Party the exercise 
of jurisdiction or performance of functions which are 
exclusively reserved for the authorities of that other State 
Party by its domestic law.

                               Article 23

    1. The annex may be amended by the addition of relevant 
treaties:
          (a) That are open to the participation of all States;
          (b) That have entered into force;
          (c) That have been ratified, accepted, approved or 
        acceded to by at least twenty-two States Parties to the 
        present Convention.
    2. After the entry into force of this Convention, any State 
Party may propose such an amendment. Any proposal for an 
amendment shall be communicated to the depositary in written 
form. The depositary shall notify proposals that meet the 
requirements of paragraph 1 to all States Parties and seek 
their views on whether the proposed amendment should be 
adopted.
    3. The proposed amendment shall be deemed adopted unless 
one third of the States Parties object to it by a written 
notification not later than 180 days after its circulation.
    4. The adopted amendment to the annex shall enter into 
force 30 days after the deposit of the twenty-second instrument 
of ratification, acceptance or approval of such amendment for 
all those States Parties that have deposited such an 
instrument. For each State Party ratifying, accepting or 
approving the amendment after the deposit of the twenty-second 
instrument, the amendment shall enter into force on the 
thirtieth day after deposit by such State Party of its 
instrument of ratification, acceptance or approval.

                               Article 24

    1. Any dispute between two or more States Parties 
concerning the interpretation or application of this Convention 
which cannot be settled through negotiation within a reasonable 
time shall, at the request of one of them, be submitted to 
arbitration. If, within six months from the date of the request 
for arbitration, the parties are unable to agree on the 
organization of the arbitration, any one of those parties may 
refer the dispute to the International Court of Justice, by 
application, in conformity with the Statute of the Court.
    2. Each State may at the time of signature, ratification, 
acceptance or approval of this Convention or accession thereto 
declare that it does not consider itself bound by paragraph 1. 
The other States Parties shall not be bound by paragraph 1 with 
respect to any State Party which has made such a reservation.
    3. Any State which has made a reservation in accordance 
with paragraph 2 may at any time withdraw that reservation by 
notification to the Secretary-General of the United Nations.

                               Article 25

    1. This Convention shall be open for signature by all 
States from 10 January 2000 to 31 December 2001 at United 
Nations Headquarters in New York.
    2. This Convention is subject to ratification, acceptance 
or approval. The instruments of ratification, acceptance or 
approval shall be deposited with the Secretary-General of the 
United Nations.
    3. This Convention shall be open to accession by any State. 
The instruments of accession shall be deposited with the 
Secretary-General of the United Nations.

                               Article 26

    1. This Convention shall enter into force on the thirtieth 
day following the date of the deposit of the twenty-second 
instrument of ratification, acceptance, approval or accession 
with the Secretary-General of the United Nations.
    2. For each State ratifying, accepting, approving or 
acceding to the Convention after the deposit of the twenty-
second instrument of ratification, acceptance, approval or 
accession, the Convention shall enter into force on the 
thirtieth day after deposit by such State of its instrument of 
ratification, acceptance, approval or accession.

                               Article 27

    1. Any State Party may denounce this Convention by written 
notification to the Secretary-General of the United Nations.
    2. Denunciation shall take effect one year following the 
date on which notification is received by the Secretary-General 
of the United Nations.

                               Article 28

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations who shall send certified copies thereof to all 
States.

    In witness whereof, the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at United Nations Headquarters 
in New York on 10 January 2000.

                                 Annex

    1. Convention for the Suppression of Unlawful Seizure of 
Aircraft, done at The Hague on 16 December 1970.
    2. Convention for the Suppression of Unlawful Acts against 
the Safety of Civil Aviation, done at Montreal on 23 September 
1971.
    3. Convention on the Prevention and Punishment of Crimes 
against Internationally Protected Persons, including Diplomatic 
Agents, adopted by the General Assembly of the United Nations 
on 14 December 1973.
    4. International Convention against the Taking of Hostages, 
adopted by the General Assembly of the United Nations on 17 
December 1979.
    5. Convention on the Physical Protection of Nuclear 
Material, adopted at Vienna on 3 March 1980.
    6. Protocol for the Suppression of Unlawful Acts of 
Violence at Airports Serving International Civil Aviation, 
supplementary to the Convention for the Suppression of Unlawful 
Acts against the Safety of Civil Aviation, done at Montreal on 
24 February 1988.
    7. Convention for the Suppression of Unlawful Acts against 
the Safety of Maritime Navigation, done at Rome on 10 March 
1988.
    8. Protocol for the Suppression of Unlawful Acts against 
the Safety of Fixed Platforms located on the Continental Shelf, 
done at Rome on 10 March 1988.
    9. International Convention for the Suppression of 
Terrorist Bombings, adopted by the General Assembly of the 
United Nations on 15 December 1997.
           d. Inter-American Convention Against Terrorism \1\

Adopted at Bridgetown, Barbados, June 3, 2002; Signed on behalf of the 
    United States, June 3, 2002; Entered into force, July 10, 2003; 
Ratification advised by the Senate, October 7, 2005; Entered into force 
                for the United States, December 15, 2005

    The General Assembly,

    Reaffirming the principles and provisions contained in the 
Charter of the Organization of American States and the Charter 
of the United Nations;
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Recognizing the threat that terrorism poses to democratic 
values and international peace and security, and that it is a 
---------------------------------------------------------------------------
source of profound concern to all member states;

    Convinced that the Charter of the Organization of American 
States and international law constitute the appropriate 
framework for strengthening hemispheric cooperation for the 
prevention, combating, and elimination of terrorism in all its 
forms and manifestations;

    Bearing in Mind resolution RC.23/RES. 1/01 rev. 1 corr. 1, 
``Strengthening Hemispheric Cooperation to Prevent, Combat, and 
Eliminate Terrorism,'' of the Twenty-Third Meeting of 
Consultation of the Ministers of Foreign Affairs of September 
21, 2001, which entrusted the Permanent Council with preparing 
a Draft Inter-American Convention against Terrorism;

    Recalling the Declaration of Lima to Prevent, Combat, and 
Eliminate Terrorism and the Plan of Action on Hemispheric 
Cooperation to Prevent, Combat, and Eliminate Terrorism, 
adopted within the framework of the First Inter-American 
Specialized Conference on Terrorism, in Lima, Peru, in April 
1996, as well as the Commitment of Mar del Plata, adopted at 
the Second Inter-American Specialized Conference on Terrorism, 
and the work of the Inter-American Committee against Terrorism 
(CICTE);

    Considering that terrorism is a serious criminal 
phenomenon, which is of deep concern to all member states; 
attacks democracy; impedes the enjoyment of human rights and 
fundamental freedoms; threatens the security of states, 
destabilizing and undermining the foundations of all society; 
and seriously impacts the economic and social development of 
the states in the region;

    Bearing in Mind that the Inter-American Democratic Charter 
recognizes the commitment by member states to promote and 
defend representative democracy and that no democratic state 
can be indifferent to the clear threat that terrorism poses to 
democratic institutions and freedoms;

    Reaffirming that the fight against terrorism must be 
undertaken with full respect for national and international 
law, human rights, and democratic institutions, in order to 
preserve the rule of law, liberties and democratic values in 
the Hemisphere, which are essential components of a successful 
fight against terrorism;

    Convinced that the adoption, ratification, and effective 
implementation of the Inter-American Convention against 
Terrorism contribute to the progressive development and the 
codification of international law;

    Underscoring the importance of effective action in cutting 
off the supply of funds for terrorism, and of coordinated 
action with international entities competent in the area of 
money laundering, especially the Inter-American Drug Abuse 
Control Commission (CICAD);

    Recognizing the urgency of strengthening and establishing 
new forms of regional cooperation against terrorism with a view 
to its eradication; and

    Recognizing the importance and timeliness of the existing 
international legal instruments on combating terrorism, 
including the 10 international instruments considered for the 
text of the Inter-American Convention against Terrorism itself, 
as well as the Convention to Prevent and Punish the Acts of 
Terrorism Taking the Forms of Crimes against Persons and 
Related Extortion That Are of International Significance, 
adopted by the General Assembly itself on February 2, 1971; the 
Convention on Offences and Certain Other Acts Committed on 
Board Aircraft, adopted in Tokyo on September 14, 1963; and the 
Convention on the Marking of Plastic Explosives for the Purpose 
of Detection, adopted in Montreal on March 1, 1991,

    Resolves:
    1. To adopt the Inter-American Convention against Terrorism 
attached to this resolution and to open it for signature by the 
member states on this date.
    2. To urge member states to ratify the Convention as soon 
as possible, in accordance with their constitutional 
procedures.
    3. To request the Secretary General to present a report to 
the General Assembly at its thirty-third regular session on 
progress made toward the Convention's entry into force.

              Inter-American Convention Against Terrorism

    The States Parties to this Convention,

    Bearing in Mind the purposes and principles of the Charter 
of the Organization of American States and the Charter of the 
United Nations;

    Considering that terrorism represents a serious threat to 
democratic values and to international peace and security and 
is a cause of profound concern to all member states;

    Reaffirming the need to adopt effective steps in the inter-
American system to prevent, punish, and eliminate terrorism 
through the broadest cooperation;

    Recognizing that the serious economic harm to states which 
may result from terrorist acts is one of the factors that 
underscore the need for cooperation and the urgency of efforts 
to eradicate terrorism;

    Reaffirming the commitment of the states to prevent, 
combat, punish, and eliminate terrorism; and

    Bearing in Mind resolution RC.23/RES. 1/01 rev. 1 corr. 1, 
``Strengthening Hemispheric Cooperation to Prevent, Combat, and 
Eliminate Terrorism,'' adopted at the Twenty-third Meeting of 
Consultation of Ministers of Foreign Affairs,

    Have agreed to the following:

                               Article 1

                          Object and purposes

    The purposes of this Convention are to prevent, punish, and 
eliminate terrorism. To that end, the states parties agree to 
adopt the necessary measures and to strengthen cooperation 
among them, in accordance with the terms of this Convention.

                               Article 2

                  Applicable international instruments

    1. For the purposes of this Convention, ``offenses'' means 
the offenses established in the international instruments 
listed below:
          a. Convention for the Suppression of Unlawful Seizure 
        of Aircraft, signed at The Hague on December 16, 1970.
          b. Convention for the Suppression of Unlawful Acts 
        against the Safety of Civil Aviation, signed at 
        Montreal on September 23, 1971.
          c. Convention on the Prevention and Punishment of 
        Crimes against Internationally Protected Persons, 
        including Diplomatic Agents, adopted by the General 
        Assembly of the United Nations on December 14, 1973.
          d. International Convention against the Taking of 
        Hostages, adopted by the General Assembly of the United 
        Nations on December 17, 1979.
          e. Convention on the Physical Protection of Nuclear 
        Material, signed at Vienna on March 3, 1980.
          f. Protocol on the Suppression of Unlawful Acts of 
        Violence at Airports Serving International Civil 
        Aviation, supplementary to the Convention for the 
        Suppression of Unlawful Acts against the Safety of 
        Civil Aviation, signed at Montreal on February 24, 
        1988.
          g. Convention for the Suppression of Unlawful Acts 
        against the Safety of Maritime Navigation, done at Rome 
        on March 10, 1988.
          h. Protocol for the Suppression of Unlawful Acts 
        against the Safety of Fixed Platforms Located on the 
        Continental Shelf, done at Rome on March 10, 1988.
          i. International Convention for the Suppression of 
        Terrorist Bombings, adopted by the General Assembly of 
        the United Nations on December 15, 1997.
          j. International Convention for the Suppression of 
        the Financing of Terrorism, adopted by the General 
        Assembly of the United Nations on December 9, 1999.
    2. Upon depositing its instrument of ratification to this 
Convention, a state party that is not a party to one or more of 
the international instruments listed in paragraph 1 of this 
article may declare that, in application of this Convention to 
such state party, that particular instrument shall be deemed 
not to be included in that paragraph. The declaration shall 
cease to have effect as soon as that instrument enters into 
force for that state party, which shall notify the depositary 
of this fact.
    3. When a state party ceases to be a party to one of the 
international instruments listed in paragraph 1 of this 
article, it may make a declaration, as provided in paragraph 2 
of this article, with respect to that instrument.

                               Article 3

                           Domestic measures

    Each state party, in accordance with the provisions of its 
constitution, shall endeavor to become a party to the 
international instruments listed in Article 2 to which it is 
not yet a party and to adopt the necessary measures to 
effectively implement such instruments, including establishing, 
in its domestic legislation, penalties for the offenses 
described therein.

                               Article 4

 Measures to prevent, combat, and eradicate the financing of terrorism

    1. Each state party, to the extent it has not already done 
so, shall institute a legal and regulatory regime to prevent, 
combat, and eradicate the financing of terrorism and for 
effective international cooperation with respect thereto, which 
shall include:
          a. A comprehensive domestic regulatory and 
        supervisory regime for banks, other financial 
        institutions, and other entities deemed particularly 
        susceptible to being used for the financing of 
        terrorist activities. This regime shall emphasize 
        requirements for customer identification, record-
        keeping, and the reporting of suspicious or unusual 
        transactions.
          b. Measures to detect and monitor movements across 
        borders of cash, bearer negotiable instruments, and 
        other appropriate movements of value. These measures 
        shall be subject to safeguards to ensure proper use of 
        information and should not impede legitimate capital 
        movements.
          c. Measures to ensure that the competent authorities 
        dedicated to combating the offenses established in the 
        international instruments listed in Article 2 have the 
        ability to cooperate and exchange information at the 
        national and international levels within the conditions 
        prescribed under its domestic law. To that end, each 
        state party shall establish and maintain a financial 
        intelligence unit to serve as a national center for the 
        collection, analysis, and dissemination of pertinent 
        money laundering and terrorist financing information. 
        Each state party shall inform the Secretary General of 
        the Organization of American States of the authority 
        designated to be its financial intelligence unit.
    2. When implementing paragraph 1 of this article, states 
parties shall use as guidelines the recommendations developed 
by specialized international and regional entities, in 
particular the Financial Action Task Force and, as appropriate, 
the Inter-American Drug Abuse Control Commission, the Caribbean 
Financial Action Task Force, and the South American Financial 
Action Task Force.

                               Article 5

           Seizure and confiscation of funds or other assets

    1. Each state party shall, in accordance with the 
procedures established in its domestic law, take such measures 
as may be necessary to provide for the identification, freezing 
or seizure for the purposes of possible forfeiture, and 
confiscation or forfeiture, of any funds or other assets 
constituting the proceeds of, used to facilitate, or used or 
intended to finance, the commission of any of the offenses 
established in the international instruments listed in Article 
2 of this Convention.
    2. The measures referred to in paragraph 1 shall apply to 
offenses committed both within and outside the jurisdiction of 
the state party.

                               Article 6

                 Predicate offenses to money laundering

    1. Each state party shall take the necessary measures to 
ensure that its domestic penal money laundering legislation 
also includes as predicate offenses those offenses established 
in the international instruments listed in Article 2 of this 
Convention.
    2. The money laundering predicate offenses referred to in 
paragraph 1 shall include those committed both within and 
outside the jurisdiction of the state party.

                               Article 7

                     Cooperation on border controls

    1. The states parties, consistent with their respective 
domestic legal and administrative regimes, shall promote 
cooperation and the exchange of information in order to improve 
border and customs control measures to detect and prevent the 
international movement of terrorists and trafficking in arms or 
other materials intended to support terrorist activities.
    2. In this context, they shall promote cooperation and the 
exchange of information to improve their controls on the 
issuance of travel and identity documents and to prevent their 
counterfeiting, forgery, or fraudulent use.
    3. Such measures shall be carried out without prejudice to 
applicable international commitments in relation to the free 
movement of people and the facilitation of commerce.

                               Article 8

             Cooperation among law enforcement authorities

    The states parties shall work closely with one another, 
consistent with their respective domestic legal and 
administrative systems, to enhance the effectiveness of law 
enforcement action to combat the offenses established in the 
international instruments listed in Article 2. In this context, 
they shall establish and enhance, where necessary, channels of 
communication between their competent authorities in order to 
facilitate the secure and rapid exchange of information 
concerning all aspects of the offenses established in the 
international instruments listed in Article 2 of this 
Convention.

                               Article 9

                        Mutual legal assistance

    The states parties shall afford one another the greatest 
measure of expeditious mutual legal assistance with respect to 
the prevention, investigation, and prosecution of the offenses 
established in the international instruments listed in Article 
2 and proceedings related thereto, in accordance with 
applicable international agreements in force. In the absence of 
such agreements, states parties shall afford one another 
expeditious assistance in accordance with their domestic law.

                               Article 10

                     Transfer of persons in custody

    1. A person who is being detained or is serving a sentence 
in the territory of one state party and whose presence in 
another state party is requested for purposes of 
identification, testimony, or otherwise providing assistance in 
obtaining evidence for the investigation or prosecution of 
offenses established in the international instruments listed in 
Article 2 may be transferred if the following conditions are 
met:
          a. The person freely gives his or her informed 
        consent; and
          b. Both states agree, subject to such conditions as 
        those states may deem appropriate.
    2. For the purposes of this article:
          a. The state to which the person is transferred shall 
        have the authority and obligation to keep the person 
        transferred in custody, unless otherwise requested or 
        authorized by the state from which the person was 
        transferred.
          b. The state to which the person is transferred shall 
        without delay implement its obligation to return the 
        person to the custody of the state from which the 
        person was transferred as agreed beforehand, or as 
        otherwise agreed, by the competent authorities of both 
        states.
          c. The state to which the person is transferred shall 
        not require the state from which the person was 
        transferred to initiate extradition proceedings for the 
        return of the person.
          d. The person transferred shall receive, for time 
        spent in the custody of the state to which he or she 
        was transferred, credit toward service of the sentence 
        being served in the state from which he or she was 
        transferred.
    3. Unless the state party from which a person is to be 
transferred in accordance with the present article so agrees, 
that person, whatever his or her nationality, shall not be 
prosecuted or detained or subjected to any other restriction of 
his or her personal liberty in the territory of the state to 
which that person is transferred in respect of acts or 
convictions prior to his or her departure from the territory of 
the state from which said person was transferred.

                               Article 11

             Inapplicability of political offense exception

    For the purposes of extradition or mutual legal assistance, 
none of the offenses established in the international 
instruments listed in Article 2 shall be regarded as a 
political offense or an offense connected with a political 
offense or an offense inspired by political motives. 
Accordingly, a request for extradition or mutual legal 
assistance may not be refused on the sole ground that it 
concerns a political offense or an offense connected with a 
political offense or an offense inspired by political motives.

                               Article 12

                        Denial of refugee status

    Each state party shall take appropriate measures, 
consistent with the relevant provisions of national and 
international law, for the purpose of ensuring that refugee 
status is not granted to any person in respect of whom there 
are serious reasons for considering that he or she has 
committed an offense established in the international 
instruments listed in Article 2 of this Convention.

                               Article 13

                            Denial of asylum

    Each state party shall take appropriate measures, 
consistent with the relevant provisions of national and 
international law, for the purpose of ensuring that asylum is 
not granted to any person in respect of whom there are 
reasonable grounds to believe that he or she has committed an 
offense established in the international instruments listed in 
Article 2 of this Convention.

                               Article 14

                           Nondiscrimination

    None of the provisions of this Convention shall be 
interpreted as imposing an obligation to provide mutual legal 
assistance if the requested state party has substantial grounds 
for believing that the request has been made for the purpose of 
prosecuting or punishing a person on account of that person's 
race, religion, nationality, ethnic origin, or political 
opinion, or that compliance with the request would cause 
prejudice to that person's position for any of these reasons.

                               Article 15

                              Human rights

    1. The measures carried out by the states parties under 
this Convention shall take place with full respect for the rule 
of law, human rights, and fundamental freedoms.
    2. Nothing in this Convention shall be interpreted as 
affecting other rights and obligations of states and 
individuals under international law, in particular the Charter 
of the United Nations, the Charter of the Organization of 
American States, international humanitarian law, international 
human rights law, and international refugee law.
    3. Any person who is taken into custody or regarding whom 
any other measures are taken or proceedings are carried out 
pursuant to this Convention shall be guaranteed fair treatment, 
including the enjoyment of all rights and guarantees in 
conformity with the law of the state in the territory of which 
that person is present and applicable provisions of 
international law.

                               Article 16

                                Training

    1. The states parties shall promote technical cooperation 
and training programs at the national, bilateral, subregional, 
and regional levels and in the framework of the Organization of 
American States to strengthen the national institutions 
responsible for compliance with the obligations assumed under 
this Convention.
    2. The states parties shall also promote, where 
appropriate, technical cooperation and training programs with 
other regional and international organizations conducting 
activities related to the purposes of this Convention.

                               Article 17

        Cooperation through the Organization of American States

    The states parties shall encourage the broadest cooperation 
within the pertinent organs of the Organization of American 
States, including the Inter-American Committee against 
Terrorism (CICTE), on matters related to the object and 
purposes of this Convention.

                               Article 18

                    Consultations among the parties

    1. The states parties shall hold periodic meetings of 
consultation, as appropriate, with a view to facilitating:
          a. The full implementation of this Convention, 
        including the consideration of issues of interest 
        relating thereto identified by the states parties; and
          b. The exchange of information and experiences on 
        effective means and methods to prevent, detect, 
        investigate, and punish terrorism.
    2. The Secretary General shall convene a meeting of 
consultation of the states parties after receiving the 10th 
instrument of ratification. Without prejudice to this, the 
states parties may hold consultations as they consider 
appropriate.
    3. The states parties may request the pertinent organs of 
the Organization of American States, including CICTE, to 
facilitate the consultations referred to in the previous 
paragraphs and to provide other forms of assistance with 
respect to the implementation of this Convention.

                               Article 19

                        Exercise of jurisdiction

    Nothing in this Convention entitles a state party to 
undertake in the territory of another state party the exercise 
of jurisdiction or performance of functions that are 
exclusively reserved to the authorities of that other state 
party by its domestic law.

                               Article 20

                               Depositary

    The original instrument of this Convention, the English, 
French, Portuguese, and Spanish texts of which are equally 
authentic, shall be deposited with the General Secretariat of 
the Organization of American States.

                               Article 21

                       Signature and ratification

    1. This Convention is open for signature by all member 
states of the Organization of American States.
    2. This Convention is subject to ratification by the 
signatory states in accordance with their respective 
constitutional procedures. The instruments of ratification 
shall be deposited with the General Secretariat of the 
Organization of American States.

                               Article 22

                            Entry into force

    1. This Convention shall enter into force on the 30th day 
following the date of deposit of the sixth instrument of 
ratification of the Convention with the General Secretariat of 
the Organization of American States.
    2. For each state ratifying the Convention after deposit of 
the sixth instrument of ratification, the Convention shall 
enter into force on the 30th day following the deposit by such 
state of its instrument of ratification.

                               Article 23

                              Denunciation

    1. Any state party may denounce this Convention by written 
notification to the Secretary General of the Organization of 
American States. Denunciation shall take effect one year 
following the date on which notification is received by the 
Secretary General of the Organization.
    2. Such denunciation shall not affect any requests for 
information or assistance made during the time the Convention 
is in force for the denouncing state.
2. United Nations Convention on the Prevention and Punishment of Crimes 
Against Internationally Protected Persons, Including Diplomatic Agents 
                                  \1\

  Adopted by the United Nations General Assembly, December 14, 1973; 
Signed on behalf of the United States, December 28, 1973; Ratification 
  advised by the Senate, October 28, 1975; Instrument of ratification 
deposited with the Secretary-General of the United Nations, October 27, 
              1976; Entered into force, February 20, 1977

  The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ 28 UST 1975; TIAS 8532; 1035 UNTS 167. For states that are 
parties to the Convention, see Department of State publication, 
Treaties in Force.

  Having in mind the purposes and principles of the Charter of 
the United Nations concerning the maintenance of international 
peace and the promotion of friendly relations and co-operation 
---------------------------------------------------------------------------
among States,

  Considering that crimes against diplomatic agents and other 
internationally protected persons jeopardizing the safety of 
these persons create a serious threat to the maintenance of 
normal international relations which are necessary for co-
operation among States,

  Believing that the commission of such crimes is a matter of 
grave concern to the international community,

  Convinced that there is an urgent need to adopt appropriate 
and effective measures for the prevention and punishment of 
such crimes,

  Have agreed as follows:

                               Article 1

  For the purposes of this Convention:
  1. ``internationally protected person'' means:
          (a) a Head of State, including any member of a 
        collegial body performing the functions of a Head of 
        State under the constitution of the State concerned, a 
        Head of Government or a Minister for Foreign Affairs, 
        whenever any such person is in a foreign State, as well 
        as members of his family who accompany him;
          (b) any representative or official of a State or any 
        official or other agent of an international 
        organization of an intergovernmental character who, at 
        the time when and in the place where a crime against 
        him, his official premises, his private accommodation 
        or his means of transport is committed, is entitled 
        pursuant to international law to special protection 
        from any attack on his person, freedom or dignity, as 
        well as members of his family forming part of his 
        household.
  2. ``alleged offender'' means a person as to whom there is 
sufficient evidence to determine prima facie that he has 
committed or participated in one or more of the crimes set 
forth in article 2.

                               Article 2

  1. The international commission of:
          (a) a murder, kidnapping or other attack upon the 
        person or liberty of an internationally protected 
        person;
          (b) a violent attack upon the official premises, the 
        private accommodation or the means of transport of an 
        internationally protected person likely to endanger his 
        person or liberty;
          (c) a threat to commit any such attack;
          (d) an attempt to commit any such attack; and
          (e) an act constituting participation as an 
        accomplice in any such attack shall be made by each 
        State Party a crime under its internal law.
  2. Each State Party shall make these crimes punishable by 
appropriate penalties which take into account their grave 
nature.
  3. Paragraphs 1 and 2 of this article in no way derogate from 
the obligations of States Parties under international law to 
take all appropriate measures to prevent other attacks on the 
person, freedom or dignity of an internationally protected 
person.

                               Article 3

  1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over the crimes set 
forth in article 2 in the following cases:
          (a) when the crime is committed in the territory of 
        that State or on board a ship or aircraft registered in 
        that State;
          (b) when the alleged offender is a national of that 
        State;
          (c) when the crime is committed against an 
        internationally protected person as defined in article 
        1 who enjoys his status as such by virtue of functions 
        which he exercise on behalf of that State.
  2. Each State Party shall likewise take such measures as may 
be necessary to establish its jurisdiction over these crimes in 
cases where the alleged offender is present in its territory 
and it does not extradite him pursuant to article 8 to any of 
the States mentioned in paragraph 1 of this article.
  3. This Convention does not exclude any criminal jurisdiction 
exercised in accordance with internal law.

                               Article 4

  States Parties shall co-operate in the prevention of the 
crimes set forth in article 2, particularly by:
          (a) taking all practicable measures to prevent 
        preparations in their respective territories for the 
        commission of those crimes within or outside their 
        territories;
          (b) exchanging information and co-ordinating the 
        taking of administrative and other measures as 
        appropriate to prevent the commission of those crimes.

                               Article 5

  1. The State Party in which any of the crimes set forth in 
article 2 has been committed shall, if it has reason to believe 
that an alleged offender has fled from its territory, 
communicate to all other States concerned, directly or through 
the Secretary-General of the United Nations, all the pertinent 
facts regarding the crime committed and all available 
information regarding the identity of the alleged offender.
  2. Whenever any of the crimes set forth in article 2 has been 
committed against an internationally protected person, any 
State Party which has information concerning the victim and the 
circumstances of the crime shall endeavor to transmit it, under 
the conditions provided for in its internal law, fully and 
promptly to the State Party on whose behalf he was exercising 
his functions.

                               Article 6

  1. Upon being satisfied that the circumstances so warrant, 
the State Party in whose territory the alleged offender is 
present shall take the appropriate measures under its internal 
law so as to ensure his presence for the purpose of prosecution 
or extradition. Such measures shall be notified without delay 
directly or through the Secretary-General of the United Nations 
to:
          (a) the State where the crime was committed;
          (b) the State or States of which the alleged offender 
        is a national or, if he is a stateless person, in whose 
        territory he permanently resides;
          (c) the State or States of which the internationally 
        protected person concerned is a national or on whose 
        behalf he was exercising his functions;
          (d) all other States concerned; and
          (e) the international organization of which the 
        internationally protected person concerned is an 
        official or an agent.
  2. Any person regarding whom the measures referred to in 
paragraph 1 of this article are being taken shall be entitled:
          (a) to communicate without delay with the nearest 
        appropriate representative of the State of which he is 
        a national or which is otherwise entitled to protect 
        his rights or, if he is a stateless person, which he 
        requests and which is willing to protect his rights; 
        and
          (b) to be visited by a representative of that State.

                               Article 7

  The State Party in whose territory the alleged offender is 
present shall, if it does not extradite him, submit, without 
exception whatsoever and without undue delay, the case to its 
competent authorities for the purpose of prosecution, through 
proceedings in accordance with the laws of that State.

                               Article 8

  1. To the extent that the crimes set forth in article 2 are 
not listed as extraditable offences in any extradition treaty 
existing between States Parties, they shall be deemed to be 
included as such therein. States Parties undertake to include 
those crimes as extraditable offenses in every future 
extradition treaty to be concluded between them.
  2. If a State Party which makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, it may, if it decides to extradite, consider this 
Convention as the legal basis for extradition in respect of 
those crimes. Extradition shall be subject to the procedural 
provisions and the other conditions of the law of the requested 
State.
  3. States Parties which do not make extradition conditional 
on the existence of a treaty shall recognize those crimes as 
extraditable offenses between themselves subject to the 
procedural provisions and the other conditions of the law of 
the requested State.
  4. Each of the crimes shall be treated, for the purpose of 
extradition between States Parties, as if it had been committed 
not only in the place in which it occurred but also in the 
territories of the States required to establish their 
jurisdiction in accordance with paragraph 1 of article 3.

                               Article 9

  Any person regarding whom proceedings are being carried out 
in connexion with any of the crimes set forth in article 2 
shall be guaranteed fair treatment at all stages of the 
proceedings.

                               Article 10

  1. States Parties shall afford one another the greatest 
measure of assistance in connexion with criminal proceedings 
brought in respect of the crimes set forth in article 2, 
including the supply of all evidence at their disposal 
necessary for the proceedings.
  2. The provisions of paragraph 1 of this article shall not 
affect obligations concerning mutual judicial assistance 
embodied in any other treaty.

                               Article 11

  The State Party where an alleged offender is prosecuted shall 
communicate the final outcome of the proceedings of the 
Secretary-General of the United Nations, who shall transmit the 
information to the other States Parties.

                               Article 12

  The provisions of this Convention shall not affect the 
application of the Treaties on Asylum, in force at the date of 
the adoption of this Convention, as between the States which 
are parties to those Treaties; but a State Party to this 
Convention may not invoke those Treaties with respect to 
another State Party to this Convention which is not a party to 
those Treaties.

                               Article 13

  1. Any dispute between two or more States Parties concerning 
the interpretation or application of this Convention which is 
not settled by negotiation shall, at the request of one of 
them, be submitted to arbitration. If within six months from 
the date of the request for arbitration the parties are unable 
to agree on the organization of the arbitration, any one of 
those parties may refer the dispute to the International Court 
of Justice by request in conformity with the Statute of the 
Court.
  2. Each State Party may at the time of signature or 
ratification of this Convention or accession thereto declare 
that it does not consider itself bound by paragraph 1 of this 
article. The other States Parties shall not be bound by 
paragraph 1 of this article with respect to any State Party 
which has made such a reservation.
  3. Any State Party which has made a reservation in accordance 
with paragraph 2 of this article may at any time withdraw that 
reservation by notification to the Secretary-General of the 
United Nations.

                               Article 14

  This Convention shall be open for signature by all States, 
until 31 December 1974 at United Nations Headquarters in New 
York.

                               Article 15

  This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the Secretary-General 
of the United Nations.

                               Article 16

  This Convention shall remain open for accession by any State. 
The instruments of accession shall be deposited with the 
Secretary-General of the United Nations.

                               Article 17

  1. This Convention shall enter into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
  2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 18

  1. Any State Party may denounce this Convention by written 
notification to the Secretary-General of the United Nations.
  2. Denunciation shall take effect six months following the 
date on which notification is received by the Secretary-General 
of the United Nations.

                               Article 19

  The Secretary-General of the United Nations shall inform all 
States, inter alia:
          (a) of signatures to this Convention, of the deposit 
        of instruments of ratification or accession in 
        accordance with articles 14, 15 and 16 and of 
        notifications made under article 18.
          (b) of the date on which this Convention will enter 
        into force in accordance with article 17.

                               Article 20

  The original of this Convention, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States.

  In witness whereof the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at New York on 14 December 
1973.
     3. International Convention Against the Taking of Hostages \1\

Adopted at New York, December 17, 1979; Signed on behalf of the United 
States, December 21, 1979; Ratification advised by the Senate, July 30, 
 1981; Entered into force generally, June 3, 1983; Entered into force 
                 for the United States, January 6, 1985

    The States Parties to this Convention,

    \1\ TIAS 11081. For states that are parties to the Convention, see 
Department of State publication, Treaties in Force.
---------------------------------------------------------------------------
    Having in mind the purposes and principles of the Charter 
of the United Nations concerning the maintenance of 
international peace and security and the promotion of friendly 
relations and co-operation among States,

    Recognizing  in particular that everyone has the right to 
life, liberty and security of person, as set out in the 
Universal Declaration of Human Rights and the International 
Covenant on Civil and Political Rights,

    Reaffirming  the principle of equal rights and self-
determination of peoples as enshrined in the Charter of the 
United Nations and the Declaration on Principles of 
International Law concerning Friendly Relations and Co-
operation among States in accordance with the Charter of the 
United Nations, as well as in other relevant resolutions of the 
General Assembly,

    Considering that the taking of hostages is an offence of 
grave concern to the international community and that, in 
accordance with the provisions of this Convention, any person 
committing an act of hostage taking shall either be prosecuted 
or extradited,

    Being convinced  that it is urgently necessary to develop 
international co-operation between States in devising and 
adopting effective measures for the prevention, prosecution and 
punishment of all acts of taking of hostages as manifestations 
of international terrorism,

    Have agreed as follows:

                               Article 1

    1. Any person who seizes or detains and threatens to kill, 
to injure or to continue to detain another person (hereinafter 
referred to as the ``hostage'') in order to compel a third 
party, namely, a State, an international intergovernmental 
organization, a natural or juridical person, or a group of 
persons, to do or abstain from doing any act as an explicit or 
implicit condition for the release of the hostage commits the 
offence of taking of hostages (``hostage-taking'') within the 
meaning of this Convention.
    2. Any person who:
          (a) attempts to commit an act of hostage-taking, or
          (b) participates as an accomplice of anyone who 
        commits or attempts to commit an act of hostage-taking 
        likewise commits an offence for the purposes of this 
        Convention.

                               Article 2

    Each State Party shall make the offences set forth in 
article 1 punishable by appropriate penalties which take into 
account the grave nature of those offences.

                               Article 3

    1. The State Party in the territory of which the hostage is 
held by the offender shall take all measures it considers 
appropriate to ease the situation of the hostage, in 
particular, to secure his release and, after his release, to 
facilitate, when relevant, his departure.
    2. If any object which the offender has obtained as a 
result of the taking of hostages comes into the custody of a 
State Party, that State Party shall return it as soon as 
possible to the hostage or the third party referred to in 
article 1, as the case may be, or to the appropriate 
authorities thereof.

                               Article 4

    States Parties shall co-operate in the prevention of the 
offences set forth in article 1, particularly by:
          (a) taking all practicable measures to prevent 
        preparations in their respective territories for the 
        commission of those offences within or outside their 
        territories, including measures to prohibit in their 
        territories illegal activities of persons, groups and 
        organizations that encourage, instigate, organize or 
        engage in the perpetration of acts of taking of 
        hostages;
          (b) exchanging information and co-ordinating the 
        taking of administrative and other measures as 
        appropriate to prevent the commission of those 
        offences.

                               Article 5

    1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over any of the 
offences set forth in article 1 which are committed:
          (a) in its territory or on board a ship or aircraft 
        registered in that State;
          (b) by any of its nationals or, if that State 
        considers it appropriate, by those stateless persons 
        who have their habitual residence in its territory;
          (c) in order to compel that State to do or abstain 
        from doing any act; or
          (d) with respect to a hostage who is a national of 
        that State, if that State considers it appropriate.
    2. Each State Party shall likewise take such measures as 
may be necessary to establish its jurisdiction over the 
offences set forth in article 1 in cases where the alleged 
offender is present in its territory and it does not extradite 
him to any of the States mentioned in paragraph 1 of this 
article.
    3. This Convention does not exclude any criminal 
jurisdiction exercised in accordance with internal law.

                               Article 6

    1. Upon being satisfied that the circumstances so warrant, 
any State Party in the territory of which the alleged offender 
is present shall, in accordance with its laws, take him into 
custody or take other measures to ensure his presence for such 
time as is necessary to enable any criminal or extradition 
proceedings to be instituted. That State Party shall 
immediately make a preliminary inquiry into the facts.
    2. The custody or other measures referred to in paragraph 1 
of this article shall be notified without delay directly or 
through the Secretary-General of the United Nations to:
          (a) the State where the offence was committed;
          (b) the State against which compulsion has been 
        directed or attempted;
          (c) the State of which the natural or juridical 
        person against whom compulsion has been directed or 
        attempted is a national;
          (d) the State of which the hostage is a national or 
        in the territory of which he has his habitual 
        residence;
          (e) the State of which the alleged offender is a 
        national or, if he is a stateless person, in the 
        territory of which he has his habitual residence;
          (f) the international intergovernmental organization 
        against which compulsion has been directed or 
        attempted;
          (g) all other States concerned.
    3. Any person regarding whom the measures referred to in 
paragraph 1 of this article are being taken shall be entitled:
          (a) to communicate without delay with the nearest 
        appropriate representative of the State of which he is 
        a national or which is otherwise entitled to establish 
        such communication or, if he is a stateless person, the 
        State in the territory of which he has his habitual 
        residence;
          (b) to be visited by a representative of that State.
    4. The rights referred to in paragraph 3 of this article 
shall be exercised in conformity with the laws and regulations 
of the State in the territory of which the alleged offender is 
present subject to the proviso, however, that the said laws and 
regulations must enable full effect to be given to the purposes 
for which the rights accorded under paragraph 3 of this article 
are intended.
    5. The provisions of paragraphs 3 and 4 of this article 
shall be without prejudice to the right of any State Party 
having a claim to jurisdiction in accordance with paragraph 
1(b) of article 5 to invite the International Committee of the 
Red Cross to communicate with and visit the alleged offender.
    6. The State which makes the preliminary inquiry 
contemplated in paragraph 1 of this article shall promptly 
report its findings to the States or organization referred to 
in paragraph 2 of this article and indicate whether it intends 
to exercise jurisdiction.

                               Article 7

    The State Party where the alleged offender is prosecuted 
shall in accordance with its laws communicate the final outcome 
of the proceedings to the Secretary-General of the United 
Nations, who shall transmit the information to the other States 
concerned and the international intergovernmental organizations 
concerned.

                               Article 8

    1. The State Party in the territory of which the alleged 
offender is found shall, if it does not extradite him, be 
obliged, without exception whatsoever and whether or not the 
offence was committed in its territory, to submit the case to 
its competent authorities for the purpose of prosecution, 
through proceedings in accordance with the laws of that State. 
Those authorities shall take their decision in the same manner 
as in the case of any ordinary offence of a grave nature under 
the law of that State.
    2. Any person regarding whom proceedings are being carried 
out in connexion with any of the offences set forth in article 
1 shall be guaranteed fair treatment at all stages of the 
proceedings, including enjoyment of all the rights and 
guarantees provided by the law of the State in the territory of 
which he is present.

                               Article 9

    1. A request for the extradition of an alleged offender, 
pursuant to this Convention, shall not be granted if the 
requested State Party has substantial grounds for believing:
          (a) that the request for extradition for an offence 
        set forth in article 1 has been made for the purpose of 
        prosecuting or punishing a person on account of his 
        race, religion, nationality, ethnic origin or political 
        opinion; or
          (b) that the person's position may be prejudiced:
                  (i) for any of the reasons mentioned in 
                subparagraph (a) of this paragraph, or
                  (ii) for the reason that communication with 
                him by the appropriate authorities of the State 
                entitled to exercise rights of protection 
                cannot be effected.
    2. With respect to the offences as defined in this 
Convention, the provisions of all extradition treaties and 
arrangements applicable between States Parties are modified as 
between States Parties to the extent that they are incompatible 
with this Convention.

                               Article 10

    1. The offences set forth in article 1 shall be deemed to 
be included as extraditable offences in any extradition treaty 
existing between States Parties. States Parties undertake to 
include such offences as extraditable offences in every 
extradition treaty to be concluded between them.
    2. If a State Party which makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, the requested State may at its option consider this 
Convention as the legal basis for extradition in respect of the 
offences set forth in article 1. Extradition shall be subject 
to the other conditions provided by the law of the requested 
State.
    3. States Parties which do not make extradition conditional 
on the existence of a treaty shall recognize the offences set 
forth in article 1 as extraditable offences between themselves 
subject to the conditions provided by the law of the requested 
State.
    4. The offences set forth in article 1 shall be treated, 
for the purpose of extradition between States Parties, as if 
they had been committed not only in the place in which they 
occurred but also in the territories of the States required to 
establish their jurisdiction in accordance with paragraph 1 of 
article 5.

                               Article 11

    1. States Parties shall afford one another the greatest 
measure of assistance in connexion with criminal proceedings 
brought in respect of the offences set forth in article 1, 
including the supply of all evidence at their disposal 
necessary for the proceedings.
    2. The provisions of paragraph 1 of this article shall not 
affect obligations concerning mutual judicial assistance 
embodied in any other treaty.

                               Article 12

    In so far as the Geneva Conventions of 1949 for the 
protection of war victims or the Protocols Additional to those 
Conventions are applicable to a particular act of hostage-
taking, and in so far as States Parties to this Convention are 
bound under those conventions to prosecute or hand over the 
hostage-taker, the present Convention shall not apply to an act 
of hostage-taking committed in the course of armed conflicts as 
defined in the Geneva Conventions of 1949 and the Protocols 
thereto, including armed conflicts mentioned in article 1, 
paragraph 4, of Additional Protocol I of 1977, in which peoples 
are fighting against colonial domination and alien occupation 
and against racist regimes in the exercise of their right of 
self-determination, as enshrined in the Charter of the United 
Nations and the Declaration on Principles of International Law 
concerning Friendly Relations and Co-operation among States in 
accordance with the Charter of the United Nations.

                               Article 13

    This Convention shall not apply where the offence is 
committed within a single State, the hostage and the alleged 
offender are nationals of that State and the alleged offender 
is found in the territory of that State.

                               Article 14

    Nothing in this Convention shall be construed as justifying 
the violation of the territorial integrity or political 
independence of a State in contravention of the Charter of the 
United Nations.

                               Article 15

    The provisions of this Convention shall not affect the 
application of the Treaties on Asylum, in force at the date of 
the adoption of this Convention, as between the States which 
are parties to those Treaties; but a State Party to this 
Convention may not invoke those Treaties with respect to 
another State Party to this Convention which is not a party to 
those treaties.

                               Article 16

    1. Any dispute between two or more States Parties 
concerning the interpretation or application of this Convention 
which is not settled by negotiation shall, at the request of 
one of them, be submitted to arbitration. If within six months 
from the date of the request for arbitration the parties are 
unable to agree on the organization of the arbitration, any one 
of those parties may refer the dispute to the International 
Court of Justice by request in conformity with the Statute of 
the Court.
    2. Each State may at the time of signature or ratification 
of this Convention or accession thereto declare that it does 
not consider itself bound by paragraph 1 of this article. The 
other States Parties shall not be bound by paragraph 1 of this 
article with respect to any State Party which has made such a 
reservation.
    3. Any State Party which has made a reservation in 
accordance with paragraph 2 of this article may at any time 
withdraw that reservation by notification to the Secretary-
General of the United Nations.

                               Article 17

    1. This Convention is open for signature by all States 
until 31 December 1980 at United Nations Headquarters in New 
York.
    2. This Convention is subject to ratification. The 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.
    3. This Convention is open for accession by any State. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article 18

    1. This Convention shall enter into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 19

    1. Any State Party may denounce this Convention by written 
notification to the Secretary-General of the United Nations.
    2. Denunciation shall take effect one year following the 
date on which notification is received by the Secretary-General 
of the United Nations.

                               Article 20

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States.

    In witness whereof, the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Convention, opened for signature at New York on 18 December 
1979.
4. United Nations Convention Against Illicit Traffic in Narcotic Drugs 
                    and Psychotropic Substances \1\

   Adopted at Vienna, December 20, 1988; Ratification advised by the 
    Senate, November 21, 1989; Entered into force, November 11, 1990

    The Parties to this Convention,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Deeply concerned by the magnitude of and rising trend in 
the illicit production of, demand for and traffic in narcotic 
drugs and psychotropic substances, which pose a serious threat 
to the health and welfare of human beings and adversely affect 
---------------------------------------------------------------------------
the economic, cultural and political foundations of society,

    Deeply concerned also by the steadily increasing inroads 
into various social groups made by illicit traffic in narcotic 
drugs and psychotropic substances, and particularly by the fact 
that children are used in many parts of the world as an illicit 
drug consumers market and for purposes of illicit production, 
distribution and trade in narcotic drugs and psychotropic 
substances, which entails a danger of incalculable gravity,

    Recognizing the links between illicit traffic and other 
related organized criminal activities which undermine the 
legitimate economies and threaten the stability, security and 
sovereignty of States,

    Recognizing also the illicit traffic is an international 
criminal activity, the suppression of which demands urgent 
attention and the highest priority,

    Aware that illicit traffic generates large financial 
profits and wealth enabling transnational criminal 
organizations to penetrate, contaminate and corrupt the 
structures of government, legitimate commercial and financial 
business, and society at all its levels,

    Determined to deprive persons engaged in illicit traffic of 
the proceeds of their criminal activities and thereby eliminate 
their main incentive for so doing,

    Desiring to eliminate the root causes of the problem of 
abuse of narcotic drugs and psychotropic substances, including 
the illicit demand for such drugs and substances and the 
enormous profits derived from illicit traffic,

    Considering that measures are necessary to monitor certain 
substances, including precursors, chemicals and solvents, which 
are used in the manufacture of narcotic drugs and psychotropic 
substances, the ready availability of which has led to an 
increase in the clandestine manufacture of such drugs and 
substances,

    Determined to improve international co-operation in the 
suppression of illicit traffic by sea,

    Recognizing that eradication of illicit traffic is a 
collective responsibility of all States and that, to that end, 
coordinated action within the framework of international co-
operation is necessary,

    Acknowledging the competence of the United Nations in the 
field of control of narcotic drugs and psychotropic substances 
and desirous that the international organs concerned with such 
control should be within the framework of that Organization,

    Reaffirming the guiding principles of existing treaties in 
the field of narcotic drugs and psychotropic substances and the 
system of control which they embody,

    Recognizing the need to reinforce and supplement the 
measures provided in the Single Convention on Narcotic Drugs, 
1961, that Convention as amended by the 1972 Protocol Amending 
the Single Convention on Narcotic Drugs, 1961, and the 1971 
Convention on Psychotropic Substances, in order to counter the 
magnitude and extent of illicit traffic and its grave 
consequences,

    Recognizing also the importance of strengthening and 
enhancing effective legal means for international co-operation 
in criminal matters for suppressing the international criminal 
activities of illicit traffic,

    Desiring to conclude a comprehensive, effective and 
operative international convention that is directed 
specifically against illicit traffic and that considers the 
various aspects of the problem as a whole, in particular those 
aspects not envisaged in the existing treaties in the field of 
narcotic drugs and psychotropic substances,

    Hereby agree as follows:

                         article 1--definitions

    Except where otherwise expressly indicated or where the 
context otherwise requires, the following definitions shall 
apply throughout this Convention:
          (a) ``Board'' means the International Narcotics 
        Control Board established by the Single Convention on 
        Narcotic Drugs, 1961, and that Convention as amended by 
        the 1972 Protocol Amending the Single Convention on 
        Narcotic Drugs, 1961;
          (b) ``Cannabis plant'' means any plant of the genus 
        Cannabis;
          (c) ``Coca bush'' means the plant of any species of 
        the genus Erythroxylon;
          (d) ``Commercial carrier'' means any person or any 
        public, private or other entity engaged in transporting 
        persons, goods or mails for remuneration, hire or any 
        other benefit;
          (e) ``Commission'' means the Commission on Narcotic 
        Drugs of the Economic and Social Council of the United 
        Nations;
          (f) ``Confiscation'', which includes forfeiture where 
        applicable, means the permanent deprivation of property 
        by order of a court or other competent authority;
          (g) ``Controlled delivery'' means the technique of 
        allowing illicit or suspect consignments of narcotic 
        drugs, psychotropic substances, substances in Table I 
        and Table II annexed to this Convention, or substances 
        substituted for them, to pass out of, through or into 
        the territory of one or more countries, with the 
        knowledge and under the supervision of their competent 
        authorities, with a view to identifying persons 
        involved in the commission of offences established in 
        accordance with article 3, paragraph 1 of the 
        Convention;
          (h) ``1961 Convention'' means the Single Convention 
        on Narcotic Drugs, 1961;
          (i) ``1961 Convention as amended'' means the Single 
        Convention on Narcotic Drugs, 1961, as amended by the 
        1972 Protocol Amending the Single Convention on 
        Narcotic Drugs, 1961;
          (j) ``1971 Convention'' means the Convention on 
        Psychotropic Substances, 1971;
          (k) ``Council'' means the Economic and Social Council 
        of the United Nations;
          (l) ``Freezing'' or ``seizure'' means temporarily 
        prohibiting the transfer, conversion, disposition or 
        movement of property or temporarily assuming custody or 
        control of property on the basis of an order issued by 
        a court or a competent authority;
          (m) ``Illicit traffic'' means the offences set forth 
        in article 3, paragraphs 1 and 2, of this Convention;
          (n) ``Narcotic drug'' means any of the substances, 
        natural or synthetic, in Schedules I and II of the 
        Single Convention on Narcotic Drugs, 1961, and that 
        Convention as amended by the 1972 Protocol Amending the 
        Single Convention on Narcotic Drugs, 1961;
          (o) ``Opium poppy'' means the plant of the species 
        Papaver somniferum L;
          (p) ``Proceeds'' means any property derived from or 
        obtained, directly or indirectly, through the 
        commission of an offence established in accordance with 
        article 3, paragraph 1;
          (q) ``Property'' means assets of every kind, whether 
        corporeal or incorporeal, movable or immovable, 
        tangible or intangible, and legal documents or 
        instruments evidencing title to, or interest in, such 
        assets;
          (r) ``Psychotropic substance'' means any substance, 
        natural or synthetic, or any natural material in 
        Schedules I, II, III and IV of the Convention on 
        Psychotropic Substances, 1971;
          (s) ``Secretary-General'' means the Secretary-General 
        of the United Nations;
          (t) ``Table I'' and ``Table II'' means the 
        correspondingly numbered lists of substances annexed to 
        this Convention, as amended from time to time in 
        accordance with article 12;
          (u) ``Transit State'' means a State through the 
        territory of which illicit narcotic drugs, psychotropic 
        substances and substances in Table I and Table II are 
        being moved, which is neither the place of origin nor 
        the place of ultimate destination thereof.

                   article 2--scope of the convention

    1. The purpose of this Convention is to promote co-
operation among the Parties so that they may address more 
effectively the various aspects of illicit traffic in narcotic 
drugs and psychotropic substances having an international 
dimension. In carrying out their obligations under the 
Convention, the Parties shall take necessary measures, 
including legislative and administrative measures, in 
conformity with the fundamental provisions of their respective 
domestic legislative systems.
    2. The Parties shall carry out their obligations under this 
Convention in a manner consistent with the principles of 
sovereign equality and territorial integrity of States and that 
of non-intervention in the domestic affairs of other States.
    3. A Party shall not undertake in the territory of another 
Party the exercise of jurisdiction and performance of functions 
which are exclusively reserved for the authorities of that 
other Party by its domestic law.

                   article 3--offences and sanctions

    1. Each Party shall adopt such measures as may be necessary 
to establish as criminal offences under its domestic law, when 
committed intentionally:
          (a)(i) The productions, manufacture, extraction, 
        preparation, offering, offering for sale, distribution, 
        sale, delivery on any terms whatsoever, brokerage, 
        dispatch, dispatch in transit, transport, importation 
        or exportation of any narcotic drug or any psychotropic 
        substance contrary to the provisions of the 1961 
        Convention, the 1961 Convention as amended or the 1971 
        Convention;
          (ii) The cultivation of opium poppy, coca bush or 
        cannabis plant for the purpose of the production of 
        narcotic drugs contrary to the provisions of the 1961 
        Convention and the 1961 Convention as amended;
          (iii) The possession or purchase of any narcotic drug 
        or psychotropic substance for the purpose of any of the 
        activities enumerated in (i) above;
          (iv) The manufacture, transport or distribution of 
        equipment, materials or of substances listed in Table I 
        and Table II, knowing that they are to be used in or 
        for the illicit cultivation, production, or manufacture 
        of narcotic drugs or psychotropic substances;
          (v) The organization, management or financing of any 
        of the offences enumerated in (i), (ii), (iii) or (iv) 
        above;
          (b)(i) The conversion or transfer of property, 
        knowing that such property is derived from any offence 
        or offences established in accordance with subparagraph 
        (a) of this paragraph, or from an act of participation 
        in such offence or offences, for the purpose of 
        concealing or disguising the illicit origin of the 
        property or of assisting any person who is involved in 
        the commission of such an offence or offences to evade 
        the legal consequences of his actions;
          (ii) The concealment or disguise of the true nature, 
        source, location, disposition, movement, rights with 
        respect to, or ownership of property, knowing that such 
        property is derived from an offence or offences 
        established in accordance with subparagraph (a) of this 
        paragraph or from an act of participation in such an 
        offence or offences;
          (c) Subject to its constitutional principles and the 
        basic concepts of its legal system:
                  (i) The acquisition, possession or use of 
                property, knowing, at the time of receipt, that 
                such property was derived from an offence or 
                offences established in accordance with 
                subparagraph (a) of this paragraph or from an 
                act of participation in such offence or 
                offences;
                  (ii) The possession of equipment or materials 
                or substances listed in Table I and Table II, 
                knowing that they are being or are to be used 
                in or for the illicit cultivation, production 
                or manufacture of narcotic drugs or 
                psychotropic substances;
                  (iii) Publicly inciting or inducing others, 
                by any means, to commit any of the offences 
                established in accordance with this article or 
                to use narcotic drugs or psychotropic 
                substances illicitly;
                  (iv) Participation in, association or 
                conspiracy to commit, attempts to commit and 
                aiding, abetting, facilitating and counselling 
                the commission of any of the offences 
                established in accordance with this article.
    2. Subject to its constitutional principles and the basic 
concepts of its legal system, each Party shall adopt such 
measures as may be necessary to establish as a criminal offence 
under its domestic law, when committed intentionally, the 
possession, purchase or cultivation of narcotic drugs or 
psychotropic substances for personal consumption contrary to 
the provisions of the 1961 Convention, the 1961 Convention as 
amended or the 1971 Convention.
    3. Knowledge, intent or purpose required as an element of 
an offence set forth in paragraph 1 of this article may be 
inferred from objective factual circumstances.
    4. (a) Each Party shall make the commission of the offences 
established in accordance with paragraph 1 of this article 
liable to sanctions which take into account the grave nature of 
these offences, such as imprisonment or other form of 
deprivation of liberty, pecuniary sanctions and confiscation.
    (b) The Parties may provide, in addition to conviction or 
punishment, for an offence established in accordance with 
paragraph 1 of this article, that the offender shall undergo 
measures such as treatment, education, aftercare, 
rehabilitation or social reintegration.
    (c) Notwithstanding the preceding subparagraphs, in 
appropriate cases of a minor nature, the Parties may provide, 
as alternatives to conviction or punishment, measures such as 
education, rehabilitation or social reintegration, as well as, 
when the offender is a drug abuser, treatment and aftercare.
    (d) The Parties may provide, either as an alternative to 
conviction or punishment, or in addition to conviction or 
punishment of an offence established in accordance with 
paragraph 2 of this article, measures for the treatment, 
education, aftercare, rehabilitation or social reintegration of 
the offender.
    5. The Parties shall ensure that their courts and other 
competent authorities having jurisdiction can take into account 
factual circumstances which make the commission of the offences 
established in accordance with paragraph 1 of this article 
particularly serious, such as:
          (a) The involvement in the offence of an organized 
        criminal group to which the offender belongs;
          (b) The involvement of the offender in other 
        international organized criminal activities;
          (c) The involvement of the offender in other illegal 
        activities facilitated by commission of the offence;
          (d) The use of violence or arms by the offender;
          (e) The fact that the offender holds a public office 
        and that the offence is connected with the office in 
        question;
          (f) The victimization or use of minors;
          (g) The fact that the offence is committed in a penal 
        institution or in an educational institution or social 
        service facility or in their immediate vicinity or in 
        other places to which school children and students 
        resort for educational, sports and social activities;
          (h) Prior conviction, particularly for similar 
        offences, whether foreign or domestic, to the extent 
        permitted under the domestic law of a Party.
    6. The Parties shall endeavour to ensure that any 
discretionary legal powers under their domestic law relating to 
the prosecution of persons for offences established in 
accordance with this article are exercised to maximize the 
effectiveness of law enforcement measures in respect of those 
offences and with due regard to the need to deter the 
commission of such offences.
    7. The Parties shall ensure that their courts or other 
competent authorities bear in mind the serious nature of the 
offences enumerated in paragraph 1 of this article and the 
circumstances enumerated in paragraph 5 of this article when 
considering the eventuality of early release or parole of 
persons convicted of such offences.
    8. Each Party shall, where appropriate, establish under its 
domestic law a long statute of limitations period in which to 
commence proceedings for any offence established in accordance 
with paragraph 1 of this article, and a longer period where the 
alleged offender has evaded the administration of justice.
    9. Each Party shall take appropriate measures, consistent 
with its legal system, to ensure that a person charged with or 
convicted of an offence established in accordance with 
paragraph 1 of this article, who is found within it territory, 
its present at the necessary criminal proceedings.
    10. For the purpose of co-operation among the Parties under 
this Convention, including, in particular, co-operation under 
articles 5, 6, 7 and 9, offences established in accordance with 
this article shall not be considered as fiscal offences or as 
political offences or regarded as politically motivated, 
without prejudice to the constitutional limitations and the 
fundamental domestic law of the Parties.
    11. Nothing contained in this article shall affect the 
principle that the description of the offences to which it 
refers and of legal defences thereto is reserved to the 
domestic law of a Party and that such offences shall be 
prosecuted and punished in conformity with that law.

                        article 4--jurisdiction

    1. Each Party:
          (a) Shall take such measures, as may be necessary to 
        establish its jurisdiction over the offences it has 
        established in accordance with article 3, paragraph 1, 
        when:
                  (i) The offence is committed in its 
                territory;
                  (ii) The offence is committed on board a 
                vessel flying its flag or an aircraft which is 
                registered under its laws at the time the 
                offence is committed;
          (b) May take such measures as may be necessary to 
        establish its jurisdiction over the offences it has 
        established in accordance with article 3, paragraph 1, 
        when:
                  (i) The offence is committed by one of its 
                nationals or by a person who has his habitual 
                residence in its territory;
                  (ii) The offence is committed on board a 
                vessel concerning which that Party has been 
                authorized to take appropriate action pursuant 
                to article 17, provided that such jurisdiction 
                shall be exercised only on the basis of 
                agreements or arrangements referred to in 
                paragraphs 4 and 9 of that article;
                  (iii) The offence is one of those established 
                in accordance with article 3, paragraph 1, 
                subparagraph (c)(iv), and is committed outside 
                its territory with a view to the commission, 
                within its territory, of an offence established 
                in accordance with article 3, paragraph 1.
    2. Each Party:
          (a) Shall also take such measures as may be necessary 
        to establish its jurisdiction over the offences it has 
        established in accordance with article 3, paragraph 1, 
        when the alleged offender is present in its territory 
        and it does not extradite him to another Party on the 
        ground:
                  (i) That the offence has been committed in 
                its territory or on board a vessel flying its 
                flag or an aircraft which was registered under 
                its law at the time the offence was committed; 
                or
                  (ii) That the offence has been committed by 
                one of its nationals;
          (b) May also take such measures as may be necessary 
        to establish its jurisdiction over the offences it has 
        established in accordance with article 3, paragraph 1, 
        when the alleged offender is present in its territory 
        and it does not extradite him to another Party.
    3. This Convention does not exclude the exercise of any 
criminal jurisdiction established by a Party in accordance with 
its domestic law.

                        article 5--confiscation

    1. Each Party shall adopt such measures as may be necessary 
to enable confiscation of:
          (a) Proceeds derived from offences established in 
        accordance with article 3, paragraph 1, or property the 
        value of which corresponds to that of such proceeds;
          (b) Narcotic drugs and psychotropic substances, 
        materials and equipment or other instrumentalities used 
        in or intended for use in any manner in offences 
        established in accordance with article 3, paragraph 1.
    2. Each Party shall also adopt such measures as may be 
necessary to enable its competent authorities to identify, 
trace, and freeze or seize proceeds, property, 
instrumentalities or any other things referred to in paragraph 
1 of this article, for the purpose of eventual confiscation.
    3. In order to carry out the measures referred to in this 
article, each Party shall empower its courts or other competent 
authorities to order that bank, financial or commercial records 
be made available or be seized. A Party shall not decline to 
act under the provisions of this paragraph on the ground of 
bank secrecy.
    4. (a) Following a request made pursuant to this article by 
another Party having jurisdiction over an offence established 
in accordance with article 3, paragraph 1, the Party in whose 
territory proceeds, property, instrumentalities or any other 
things referred to in paragraph 1 of this article are situated 
shall:
          (i) Submit the request to its competent authorities 
        for the purpose of obtaining an order of confiscation 
        and, if such order is granted, give effect to it; or
          (ii) Submit to its competent authorities, with a view 
        to giving effect to it to the extent requested, an 
        order of confiscation issued by the requesting Party in 
        accordance with paragraph 1 of this article, in so far 
        as it relates to proceeds, property, instrumentalities 
        or any other things referred to in paragraph 1 situated 
        in the territory of the requested Party.
    (b) Following a request made pursuant to this article by 
another Party having jurisdiction over an offence established 
in accordance with article 3, paragraph 1, the requested Party 
shall take measures to identify, trace, and freeze or seize 
proceeds, property, instrumentalities or any other things 
referred to in paragraph 1 of this article for the purpose of 
eventual confiscation to be ordered either by the requesting 
Party or, pursuant to a request under subparagraph (a) of this 
paragraph, by the requested Party.
    (c) The decisions or actions provided for in subparagraph 
(a) and (b) of this paragraph shall be taken by the requested 
Party, in accordance with and subject to the provisions of its 
domestic law and its procedural rules or any bilateral or 
multilateral treaty, agreement or arrangement to which it may 
be bound in relation to the requesting Party.
    (d) The provisions of article 7, paragraphs 6 to 19 are 
applicable mutatis mutandis. In addition to the information 
specified in article 7, paragraph 10, requests made pursuant to 
this article shall contain the following:
          (i) In the case of a request pertaining to 
        subparagraph (a)(i) of this paragraph, a description of 
        the property to be confiscated and a statement of the 
        facts relied upon by the requesting Party sufficient to 
        enable the requested Party to seek the order under its 
        domestic law;
          (ii) In the case of a request pertaining to 
        subparagraph (a)(ii), a legally admissible copy of an 
        order of confiscation issued by the requesting Party 
        upon which the request is based, a statement of the 
        facts and information as to the extent to which the 
        execution of the order is requested;
          (iii) In the case of a request pertaining to 
        subparagraph (b), a statement of the facts relied upon 
        by the requesting Party and a description of the 
        actions requested.
    (e) Each Party shall furnish to the Secretary-General the 
text of any of its laws and regulations which give effect to 
this paragraph and the text of any subsequent changes to such 
laws and regulations.
    (f) If a Party elects to make the taking of the measures 
referred to in subparagraphs (a) and (b) of this paragraph 
conditional on the existence of a relevant treaty, that Party 
shall consider this Convention as the necessary and sufficient 
treaty basis.
    (g) The Parties shall seek to conclude bilateral and 
multilateral treaties, agreements or arrangements to enhance 
the effectiveness of international co-operation pursuant to 
this article.
    5. (a) Proceeds or property confiscated by a Party pursuant 
to paragraph 1 or paragraph 4 of this article shall be disposed 
of by that Party according to its domestic law and 
administrative procedures.
    (b) Then acting on the request of another Party in 
accordance with this article, a Party may give special 
consideration to concluding agreements on:
          (i) Contributing the value of such proceeds and 
        property, or funds derived from the sale of such 
        proceeds or property, or a substantial part thereof, to 
        intergovernmental bodies specializing in the fight 
        against illicit traffic in and abuse of narcotic drugs 
        and psychotropic substances;
          (ii) Sharing with other Parties, on a regular or 
        case-by-case basis, such proceeds or property, or funds 
        derived from the sale of such proceeds or property, in 
        accordance with its domestic law, administrative 
        procedures or bilateral or multilateral agreements 
        entered into for this purpose.
    6. (a) If proceeds have been transformed or converted into 
other property, such property shall be liable to the measures 
referred to in this article instead of the proceeds.
    (b) If proceeds have been intermingled with property 
acquired from legitimate sources, such property shall, without 
prejudice to any powers relating to seizure or freezing, be 
liable to confiscation up to the assessed value of the 
intermingled proceeds.
    (c) Income or other benefits derived from:
          (i) Proceeds;
          (ii) Property into which proceeds have been 
        transformed or converted; or
          (iii) Property with which proceeds have been 
        intermingled shall also be liable to the measures 
        referred to in this article, in the same manner and to 
        the same extent as proceeds.
    7. Each Party may consider ensuring that the onus of proof 
be reversed regarding the lawful origin of alleged proceeds or 
other property, liable to confiscation, to the extent that such 
action is consistent with the principles of its domestic law 
and with the nature of the judicial and other proceedings.
    8. The provisions of this article shall not be construed as 
prejudicing the rights of bona fide third parties.
    9. Nothing contained in this article shall affect the 
principle that the measures to which it refers shall be defined 
and implemented in accordance with and subject to the 
provisions of the domestic law of a Party.

                         article 6--extradition

    1. This article shall apply to the offences established by 
the Parties in accordance with article 3, paragraph 1.
    2. Each of the offences to which this article applies shall 
be deemed to be included as an extraditable offence in any 
extradition treaty existing between Parties. The Parties 
undertake to include such offences as extraditable offences in 
every extradition treaty to be concluded between them.
    3. If a Party which makes extradition conditional on the 
existence of a treaty receives a request for extradition from 
another Party with which it has no extradition treaty, it may 
consider this Convention as the legal basis for extradition in 
respect of any offence to which this article applies. The 
Parties which require detailed legislation in order to use this 
Convention as a legal basis for extradition shall consider 
enacting such legislation as may be necessary.
    4. The Parties which do not make extradition conditional on 
the existence of a treaty shall recognize offences to which 
this article applies as extraditable offences between 
themselves.
    5. Extradition shall be subject to the conditions provided 
for by the law of the requested Party or by applicable 
extradition treaties, including the grounds upon which the 
requested Party may refuse extradition.
    6. In considering requests received pursuant to this 
article, the requested State may refuse to comply with such 
requests where there are substantial grounds leading its 
judicial or other competent authorities to believe that 
compliance would facilitate the prosecution or punishment of 
any person on account of his race, religion, nationality or 
political opinions, or would cause prejudice for any of those 
reasons to any person affected by the request.
    7. The Parties shall endeavour to expedite extradition 
procedures and to simplify evidentiary requirements relating 
thereto in respect of any offence to which this article 
applies.
    8. Subject to the provisions of its domestic law and its 
extradition treaties, the requested Party may, upon being 
satisfied that the circumstances so warrant and are urgent, and 
at the request of the requesting Party, take a person whose 
extradition is sought and who is present in its territory into 
custody or take other appropriate measures to ensure his 
presence at extradition proceedings.
    9. Without prejudice to the exercise of any criminal 
jurisdiction established in accordance with its domestic law, a 
Party in whose territory an alleged offender is found shall:
          (a) If it does not extradite him in respect of an 
        offence established in accordance with article 3, 
        paragraph 1, on the grounds set forth in article 4, 
        paragraph 2, subparagraph (a), submit the case to its 
        competent authorities for the purpose of prosecution, 
        unless otherwise agreed with the requesting Party;
          (b) If it does not extradite him in respect of such 
        an offence and has established its jurisdiction in 
        relation to that offence in accordance with article 4, 
        paragraph 2, subparagraph (b), submit the case to its 
        competent authorities for the purpose of prosecution, 
        unless otherwise requested by the requesting Party for 
        the purposes of preserving its legitimate jurisdiction.
    10. If extradition, sought for purposes of enforcing a 
sentence, is refused because the person sought is a national of 
the requested Party, the requested Party shall if its law so 
permits and in conformity with the requirements of such law, 
upon application of the requesting Party, consider the 
enforcement of the sentence which has been imposed under the 
law of the requesting Party, or the remainder thereof.
    11. The Parties shall seek to conclude bilateral and 
multilateral agreements to carry out or to enhance the 
effectiveness of extradition.
    12. The Parties may consider entering into bilateral or 
multilateral agreements, whether ad hoc or general, on the 
transfer to their country of persons sentenced to imprisonment 
and other forms of deprivation of liberty for offences to which 
this article applies, in order that they may complete their 
sentences there.

                   article 7--mutual legal assistance

    1. The Parties shall afford one another, pursuant to this 
article, the widest measure of mutual legal assistance in 
investigations, prosecutions and judicial proceedings in 
relation to criminal offences established in accordance with 
article 3, paragraph 1.
    2. Mutual legal assistance to be afforded in accordance 
with this article may be requested for any of the following 
purposes:
          (a) Taking evidence or statements from persons;
          (b) Effecting service of judicial documents;
          (c) Executing searches and seizures;
          (d) Examining objects and sites;
          (e) Providing information and evidentiary items;
          (f) Providing originals or certified copies of 
        relevant documents and records, including bank, 
        financial, corporate or business records;
          (g) Identifying or tracing proceeds, property, 
        instrumentalities or other things for evidentiary 
        purposes.
    3. The Parties may afford one another any other forms of 
mutual legal assistance allowed by the domestic law of the 
requested Party.
    4. Upon request, the Parties shall facilitate or encourage, 
to the extent consistent with their domestic law and practice, 
the presence or availability of persons, including persons in 
custody, who consent to assist in investigations or participate 
in proceedings.
    5. A Party shall not decline to render mutual legal 
assistance under this article on the ground of bank secrecy.
    6. The provisions of this article shall not affect the 
obligations under any other treaty, bilateral or multilateral, 
which governs or will govern, in whole or in part, mutual legal 
assistance in criminal matters.
    7. Paragraphs 8 to 19 of this article shall apply to 
requests made pursuant to this article if the Parties in 
question are not bound by a treaty of mutual legal assistance. 
If these Parties are bound by such a treaty, the corresponding 
provisions of that treaty shall apply unless the Parties agree 
to apply paragraphs 8 to 19 of this article in lieu thereof
    8. Parties shall designate an authority, or when necessary 
authorities, which shall have the responsibility and power to 
execute requests for mutual legal assistance or to transmit 
them to the competent authorities for execution. The authority 
or the authorities designated for this purpose shall be 
notified to the Secretary General. Transmission of requests for 
mutual legal assistance and any communication related thereto 
shall be effected between the authorities designated by the 
Parties; this requirement shall be without prejudice to the 
right of a Party to require that such requests and 
communications be addressed to it through the diplomatic 
channel and, in urgent circumstances, where the Parties agree, 
through channels of the International Criminal Police 
Organization, if possible.
    9. Requests shall be made in writing in a language 
acceptable to the requested Party. The language or languages 
acceptable to each Party shall be notified to the Secretary-
General. In urgent circumstances, and where agreed by the 
Parties, requests may be made orally, but shall be confirmed in 
writing forthwith.
    10. A request for mutual legal assistance shall contain:
          (a) The identity of the authority making the request;
          (b) The subject matter and nature of the 
        investigation, prosecution or proceeding to which the 
        request relates, and the name and the functions of the 
        authority conducting such investigation, prosecution or 
        proceeding;
          (c) A summary of the relevant facts, except in 
        respect of requests for the purpose of service of 
        judicial documents;
          (d) A description of the assistance sought and 
        details of any particular procedure the requesting 
        Party wishes to be followed;
          (e) Where possible, the identity, location and 
        nationality of any person concerned;
          (f) The purpose for which the evidence, information 
        or action is sought.
    11. The requested Party may request additional information 
when it appears necessary for the execution of the request in 
accordance with its domestic law or when it can facilitate such 
execution.
    12. A request shall be executed in accordance with the 
domestic law of the requested Party and, to the extent not 
contrary to the domestic law of the requested Party and where 
possible, in accordance with the procedures specified in the 
request.
    13. The requesting Party shall not transmit nor use 
information or evidence furnished by the requested Party for 
investigations, prosecutions or proceedings other than those 
stated in the request without the prior consent of the 
requested Party.
    14. The requesting Party may require that the requested 
Party keep confidential the fact and substance of the request, 
except to the extent necessary to execute the request. If the 
requested Party cannot comply with the requirement of 
confidentiality, it shall promptly inform the requesting Party.
    15. Mutual legal assistance may be refused:
          (a) If the request is not made in conformity with the 
        provisions of this article;
          (b) If the requested Party considers that execution 
        of the request is likely to prejudice its sovereignty, 
        security, ordre public or other essential interests;
          (c) If the authorities of the requested Party would 
        be prohibited by its domestic law from carrying out the 
        action requested with regard to any similar offence, 
        had it been subject to investigation, prosecution or 
        proceedings under their own jurisdiction;
          (d) If it would be contrary to the legal system of 
        the requested Party relating to mutual legal assistance 
        for the request to be granted.
    16. Reasons shall be given for any refusal of mutual legal 
assistance.
    17. Mutual legal assistance may be postponed by the 
requested Party on the ground that it interferes with an 
ongoing investigation, prosecution or proceeding. In such a 
case, the requested Party shall consult with the requesting 
Party to determine if the assistance can still be given subject 
to such terms and conditions as the requested Part deems 
necessary.
    18. A witness, expert or other person who consents to give 
evidence in a proceeding or to assist in an investigation, 
prosecution or judicial proceeding in the territory of the 
requesting Party, shall not be prosecuted, detained, punished 
or subjected to any other restriction of his personal liberty 
in that territory in respect of acts, omissions or convictions 
prior to his departure from the territory of the requested 
Party. Such safe conduct shall cease when the witness, expert 
or other person having had, for a period of fifteen consecutive 
days, or for any period agreed upon by the Parties, from the 
date on which he has been officially informed that his presence 
is no longer required by the judicial authorities, an 
opportunity of leaving, has nevertheless remained, voluntarily 
in the territory or, having left it, has returned of his own 
free will.
    19. The ordinary costs of executing a request shall be 
borne by the requested Party, unless otherwise agreed by the 
Parties concerned. If expenses of a substantial or 
extraordinary nature are or will be required to fulfill the 
request, the Parties shall consult to determine the terms and 
conditions under which the request will be executed as well as 
the manner in which the costs shall be borne.
    20. The Parties shall consider, as may be necessary, the 
possibility of concluding bilateral or multilateral agreements 
or arrangements that would serve the purposes of, give 
practical effect to, or enhance the provisions of this article.

                   article 8--transfer of proceedings

    The Parties shall give consideration to the possibility of 
transferring to one another proceedings for criminal 
prosecution of offences established in accordance with article 
3, paragraph 1, in cases where such transfer is considered to 
be in the interests of a proper administration of justice.

          article 9--other forms of co-operation and training

    1. The Parties shall co-operate closely with one another, 
consistent with their respective domestic legal and 
administrative systems, with a view to enhancing the 
effectiveness of law enforcement action to suppress the 
commission of offences established in accordance with article 
3, paragraph 1. They shall, in particular, on the basis of 
bilateral or multilateral agreements or arrangements:
          (a) Establish and maintain channels of communication 
        between their competent agencies and services to 
        facilitate the secure and rapid exchange of information 
        concerning all aspects of offences established in 
        accordance with article 3, paragraph 1, including, if 
        the Parties concerned deem it appropriate, links with 
        other criminal activities;
          (b) Co-operate with one another in conducting 
        enquiries, with respect to offences established in 
        accordance with article 3, paragraph 1, having an 
        international character, concerning:
                  (i) The identity, whereabouts and activities 
                of persons suspected of being involved in 
                offences established in accordance with article 
                3, paragraph 1;
                  (ii) The movement of proceeds or property 
                derived from the commission of such offences;
                  (iii) The movement of narcotic drugs, 
                psychotropic substances, substances in Table I 
                and Table II of this Convention and 
                instrumentalities used or intended for use in 
                the commission of such offences;
          (c) In appropriate cases and if not contrary to 
        domestic law, establish joint teams, taking into 
        account the need to protect the security of persons and 
        of operations, to carry out the provisions of this 
        paragraph. Officials of any Party taking part in such 
        teams shall act as authorized by the appropriate 
        authorities of the Party in whose territory the 
        operation is to take place; in all such cases, the 
        Parties involved shall ensure that the sovereignty of 
        the Party on whose territory the operation is to take 
        place is fully respected;
          (d) Provide, when appropriate, necessary quantities 
        of substances for analytical or investigative purposes;
          (e) Facilitate effective coordination between their 
        competent agencies and services and promote the 
        exchange of personnel and other experts, including the 
        posting of liaison officers.
    2. Each Party shall, to the extent necessary, initiate, 
develop or improve a specific training programmes for its law 
enforcement and other personnel, including customs, charged 
with the suppression of offences established in accordance with 
article 3, paragraph 1. Such programmes shall deal, in 
particular, with the following:
          (a) Methods used in the detection and suppression of 
        offences established in accordance with article 3, 
        paragraph 1;
          (b) Routes and techniques used by persons suspected 
        of being involved in offences established in accordance 
        with article 3, paragraph 1, particularly in transit 
        States, and appropriate countermeasures;
          (c) Monitoring of the import and export of narcotic 
        drugs, psychotropic substances and substances in Table 
        I and Table II;
          (d) Detection and monitoring of the movement of 
        proceeds and property derived from, and narcotic drugs, 
        psychotropic substances and substances in Table I and 
        Table II, and instrumentalities used or intended for 
        use in, the commission of offences established in 
        accordance with article 3, paragraph 1;
          (e) Methods used for the transfer, concealment or 
        disguise of such proceeds, property and 
        instrumentalities;
          (f) Collection of evidence;
          (g) Control techniques in free trade zones and free 
        ports;
          (h) Modern law enforcement techniques.
    3. The Parties shall assist one another to plan and 
implement research and training programmes designed to share 
expertise in the areas referred to in paragraph 2 of this 
article and, to this end, shall also, when appropriate, use 
regional and international conferences and seminars to promote 
co-operation and stimulate discussion on problems of mutual 
concern, including the special problems and needs of transit 
States.

   article 10--international co-operation and assistance for transit 
                                 states

    1. The Parties shall co-operate, directly or through 
competent international or regional organizations, to assist 
and support transit States and, in particular, developing 
countries in need of such assistance and support, to the extent 
possible, through programmes of technical co-operation on 
interdiction and other related activities.
    2. The Parties may undertake, directly or through competent 
international or regional organizations, to provide financial 
assistance to such transit States for the purpose of augmenting 
and strengthening the infrastructure needed for effective 
control and prevention of illicit traffic.
    3. The Parties may conclude bilateral or multilateral 
agreements or arrangements to enhance the effectiveness of 
international co-operation pursuant to this article and may 
take into consideration financial arrangements in this regard.

                    article 11--controlled delivery

    1. If permitted by the basic principles of their respective 
domestic legal systems, the Parties shall take the necessary 
measures, within their possibilities, to allow for the 
appropriate use of controlled delivery at the international 
level, on the basis of agreements or arrangements mutually 
consented to, with a view to identifying persons involved in 
offences established in accordance with article 3, paragraph 1, 
and to taking legal action against them.
    2. Decisions to use controlled delivery shall be made on a 
case-by-case basis and may, when necessary, take into 
consideration financial arrangements and understandings with 
respect to the exercise of jurisdiction by the Parties 
concerned.
    3. Illicit consignments whose controlled delivery is agreed 
to may, with the consent of the Parties concerned, be 
intercepted and allowed to continue with the narcotic drugs or 
psychotropic substances intact or removed or replaced in whole 
or in part.

 article 12--substances frequently used in the illicit manufacture of 
               narcotic drugs or psychotropic substances

    1. The Parties shall take the measures they deem 
appropriate to prevent diversion of substances in Table I and 
Table II used for the purpose of illicit manufacture of 
narcotic drugs or psychotropic substances, and shall co-operate 
with one another to this end.
    2. If a Party or the Board has information which in its 
opinion may require the inclusion of a substance in Table I or 
Table II, it shall notify the Secretary-General and furnish him 
with the information in support of that notification. The 
procedure described in paragraphs 2 to 7 of this article shall 
also apply when a Party or the Board has information justifying 
the deletion of a substance from Table I or Table II, or the 
transfer of a substance from one Table to the other.
    3. The Secretary-General shall transmit such notification, 
and any information which he considers relevant, to the 
Parties, to the Commission, and, where notification is made by 
a Party, to the Board. The Parties shall communicate their 
comments concerning the notification to the Secretary-General, 
together with all supplementary information which may assist 
the Board in establishing an assessment and the Commission in 
reaching a decision.
    4. If the Board, taking into account the extent, importance 
and diversity of the licit use of the substance, and the 
possibility and ease of using alternate substances both for 
licit purposes and for the illicit manufacture of narcotic 
drugs or psychotropic substances, finds:
          (a) That the substance is frequently used in the 
        illicit manufacture of a narcotic drug or psychotropic 
        substance;
          (b) That the volume and extent of the illicit 
        manufacture of a narcotic drug or psychotropic 
        substance creates serious public health or social 
        problems, so as to warrant international action,
it shall communicate to the Commission an assessment of the 
substance, including the likely effect of adding the substance 
to either Table I or Table II on both licit use and illicit 
manufacture, together with recommendations of monitoring 
measures, if any, that would be appropriate in the light of its 
assessment.
    5. The Commission, taking into account the comments 
submitted by the Parties and the comments and recommendations 
of the Board, whose assessment shall be determinative as to 
scientific matters, and also taking into due consideration any 
other relevant factors, may decide by a two-thirds majority of 
its members to place a substance in Table I or Table II.
    6. Any decision of the Commission taken pursuant to this 
article shall be communicated by the Secretary-General to all 
States and other entities which are, or which are entitled to 
become, Parties to this Convention, and to the Board. Such 
decision shall become fully effective with respect to each 
Party one hundred and eighty days after the date of such 
communication.
    7. (a) The decision of the Commission taken under this 
article shall be subject to review by the Council upon the 
request of any Party filed within one hundred and eighty days 
after the date of notification of the decision. The request for 
review shall be sent to the Secretary-General, together with 
all relevant information upon which the request for review is 
based.
    (b) The Secretary-General shall transmit copies of the 
request for review and the relevant information to the 
Commission, to the Board and to all the Parties, inviting them 
to submit their comments within ninety days. All comments 
received shall be submitted to the Council for consideration.
    (c) The Council may confirm or reverse the decision of the 
Commission. Notification of the Council's decision shall be 
transmitted to all States and other entities which are, or 
which are entitled to become, Parties to this Convention, to 
the Commission and to the Board.
    8. (a) Without prejudice to the generality of the 
provisions contained in paragraph 1 of this article and the 
provisions of the 1961 Convention, the 1961 Convention as 
amended and the 1971 Convention, the Parties shall take the 
measures they deem appropriate to monitor the manufacture and 
distribution of substances in Table I and Table II which are 
carried out within their territory.
    (b) To this end, the Parties may:
          (i) Control all persons and enterprises engaged in 
        the manufacture and distribution of such substances;
          (ii) Control under license the establishment and 
        premises in which such manufacture or distribution may 
        take place;
          (iii) Require that licensees obtain a permit for 
        conducting the aforesaid operations;
          (iv) Prevent the accumulation of such substances in 
        the possession of manufacturers and distributors, in 
        excess of the quantities required for the normal 
        conduct of business and the prevailing market 
        conditions.
    9. Each Party shall, with respect to substances in Table I 
and Table II, take the following measures:
          (a) Establish and maintain a system to monitor 
        international trade in substances in Table I and Table 
        II in order to facilitate the identification of 
        suspicious transactions. Such monitoring systems shall 
        be applied in close co-operation with manufacturers, 
        importers, exporters, wholesalers and retailers, who 
        shall inform the competent authorities of suspicious 
        orders and transactions;
          (b) Provide for the seizure of any substance in Table 
        I or Table II if there is sufficient evidence that it 
        is for use in the illicit manufacture of a narcotic 
        drug or psychotropic substance;
          (c) Notify, as soon as possible, the competent 
        authorities and services of the Parties concerned if 
        there is reason to believe that the import, export or 
        transit of a substance in Table I or Table II is 
        destined for the illicit manufacture of narcotic drugs 
        or psychotropic substances, including in particular 
        information about the means of payment and any other 
        essential elements which led to that belief;
          (d) Require that imports and exports be properly 
        labelled and documented. Commercial documents such as 
        invoices, cargo manifests, customs, transport and other 
        shipping documents shall include the names, as stated 
        in Table I or Table II, of the substances being 
        imported or exported, the quantity being imported or 
        exported, and the name and address of the exporter, the 
        importer and, when available, the consignee;
          (e) Ensure that documents referred to in subparagraph 
        (d) of this paragraph are maintained for a period of 
        not less than two years and may be made available for 
        inspection by the competent authorities.
    10. (a) In addition to the provisions of paragraph 9, and 
upon request to the Secretary-General by the interested Party, 
each Party from whose territory a substance in Table I is to be 
exported shall ensure that, prior to such export, the following 
information is supplied by its competent authorities to the 
competent authorities of the importing country:
          (i) Name and address of the exporter and importer 
        and, when available, the consignee;
          (ii) Name of the substance in Table I;
          (iii) Quantity of the substance to be exported;
          (iv) Expected point of entry and expected date of 
        dispatch;
          (v) Any other information which is mutually agreed 
        upon by the Parties.
    (b) A Party may adopt more strict or severe measures of 
control than those provided by this paragraph if, in its 
opinion, such measures are desirable or necessary.
    11. Where a Party furnishes information to another Party in 
accordance with paragraphs 9 and 10 of this article, the Party 
furnishing such information may require that the Party 
receiving it keep confidential any trade, business, commercial 
or professional secret or trade process.
    12. Each Party shall furnish annually to the Board, in the 
form and manner provided for by it and on forms made available 
by it, information on:
          (a) The amounts seized of substances in Table I and 
        Table II and, when known, their origin;
          (b) Any substance not included in Table I or Table II 
        which is identified as having been used in illicit 
        manufacture of narcotic drugs or psychotropic 
        substances, and which is deemed by the Party to be 
        sufficiently significant to be brought to the attention 
        of the Board;
          (c) Methods of diversion and illicit manufacture.
    13. The Board shall report annually to the Commission on 
the implementation of this article and the Commission shall 
periodically review the adequacy and propriety of Table I and 
Table II.
    14. The provisions of this article shall not apply to 
pharmaceutical preparations, nor to other preparations 
containing substances in Table I or Table II that are 
compounded in such a way that such substances cannot be easily 
used or recovered by readily applicable means.

                  article 13--materials and equipment

    The Parties shall take such measures as they deem 
appropriate to prevent trade in and the diversion of materials 
and equipment for illicit production or manufacture of narcotic 
drugs and psychotropic substances and shall co-operate to this 
end.

   article 14--measures to eradicate illicit cultivation of narcotic 
     plants and to eliminate illicit demand for narcotic drugs and 
                        psychotropic substances

    1. Any measures taken pursuant to this Convention by 
Parties shall not be less stringent than the provisions 
applicable to the eradication of illicit cultivation of plants 
containing narcotic and psychotropic substances and to the 
elimination of illicit demand for narcotic drugs and 
psychotropic substances under the provisions of the 1961 
Convention, the 1961 Convention as amended and the 1971 
Convention.
    2. Each Party shall take appropriate measures to prevent 
illicit cultivation of and to eradicate plants containing 
narcotic or psychotropic substances, such as opium poppy, coca 
bush and cannabis plants, cultivated illicitly in its 
territory. The measures adopted shall respect fundamental human 
rights and shall take due account of traditional licit uses, 
where there is historic evidence of such use, as well as the 
protection of the environment.
    3. (a) The Parties may co-operate to increase the 
effectiveness of eradication efforts. Such co-operation may, 
inter alia, include support, when appropriate, for integrated 
rural development leading to economically viable, alternatives 
to illicit cultivation. Factors such as access to markets, the 
availability of resources and prevailing socioeconomic 
conditions should be taken into account before such rural 
development programmes are implemented. The Parties may agree 
on any other appropriate measures of co-operation.
    (b) The Parties shall also facilitate the exchange of 
scientific and technical information and the conduct of 
research concerning eradication.
    (c) Whenever they have common frontiers, the Parties shall 
seek to co-operate in eradication programmes in their 
respective areas along those frontiers.
    4. The Parties shall adopt appropriate measures aimed at 
eliminating or reducing illicit demand for narcotic drugs and 
psychotropic substances, with a view to reducing human 
suffering and eliminating financial incentives for illicit 
traffic. These measures may be based, inter alia, on the 
recommendations of the United Nations, specialized agencies of 
the United Nations such as the World Health Organization, and 
other competent international organizations, and on the 
Comprehensive Multidisciplinary Outline adopted by the 
International Conference on Drug Abuse and Illicit Trafficking, 
held in 1987, as it pertains to governmental and non-
governmental agencies and private efforts in the fields of 
prevention, treatment and rehabilitation. The Parties may enter 
into bilateral or multilateral agreements or arrangements aimed 
at eliminating or reducing illicit demand for narcotic drugs 
and psychotropic substances.
    5. The Parties may also take necessary measures for early 
destruction or lawful disposal of the narcotic drugs, 
psychotropic substances and substances in Table I and Table II 
which have been seized or confiscated and for the admissibility 
as evidence of duly certified necessary quantities of such 
substances.

                    article 15--commercial carriers

    1. The Parties shall take appropriate measures to ensure 
that means of transport operated by commercial carriers are not 
used in the commission of offences established in accordance 
with article 3, paragraph 1; such measures may include special 
arrangements with commercial carriers.
    2. Each Party shall require commercial carriers to take 
reasonable precautions to prevent the use of their means of 
transport for the commission of offences established in 
accordance with article 3, paragraph 1. Such precautions may 
include:
          (a) If the principal place of business of a 
        commercial carrier is within the territory of the 
        Party:
                  (i) Training of personnel to identify 
                suspicious consignments or persons;
                  (ii) Promotion of integrity of personnel;
          (b) If a commercial carrier is operating within the 
        territory of the Party:
                  (i) Submission of cargo manifests in advance, 
                whenever possible;
                  (ii) Use of tamper-resistant, individually 
                verifiable seals on containers;
                  (iii) Reporting to the appropriate 
                authorities at the earliest opportunity all 
                suspicious circumstances that may be related to 
                the commission of offences established in 
                accordance with article 3, paragraph 1.
    3. Each Party shall seek to ensure that commercial carriers 
and the appropriate authorities at points of entry and exit and 
other customs control areas co-operate, with a view to 
preventing unauthorized access to means of transport and cargo 
and to implementing appropriate security measures.

       article 16--commercial documents and labelling of exports

    1. Each Party shall require that lawful exports of narcotic 
drugs and psychotropic substances be properly documented. In 
addition to the requirements for documentation under article 31 
of the 1961 Convention, article 31 of the 1961 Convention as 
amended and article 12 of the 1971 Convention, commercial 
documents such as invoices, cargo manifests, customs, transport 
and other shipping documents shall include the names of the 
narcotic drugs and psychotropic substances being exported as 
set out in the respective Schedules of the 1961 Convention, the 
1961 Convention as amended and the 1971 Convention, the 
quantity being exported, and the name and address of the 
exporter, the importer and, when available, the consignee.
    2. Each Party shall require that consignments of narcotic 
drugs and psychotropic substances being exported be not 
mislabeled.

                   article 17--illicit traffic by sea

    1. The Parties shall co-operate to the fullest extent 
possible to suppress illicit traffic by sea, in conformity with 
the international law of the sea.
    2. A Party which has reasonable grounds to suspect that a 
vessel flying its flag or not displaying a flag or marks of 
registry is engaged in illicit traffic may request the 
assistance of other Parties in suppressing its use for that 
purpose. The Parties so requested shall render such assistance 
within the means available to them.
    3. A Party which has reasonable grounds to suspect that a 
vessel exercising freedom of navigation in accordance with 
international law and flying the flag or displaying marks of 
registry of another Party is engaged in illicit traffic may so 
notify the flag State, request confirmation of registry and, if 
confirmed, request authorization from the flag State to take 
appropriate measures in regard to that vessel.
    4. In accordance with paragraph 3 or in accordance with 
treaties in force between them or in accordance with any 
agreement or arrangement otherwise reached between those 
Parties, the flag State may authorize the requesting State to, 
inter alia:
          (a) Board the vessel;
          (b) Search the vessel;
          (c) If evidence of involvement in illicit traffic is 
        found, take appropriate action with respect to the 
        vessel, persons and cargo on board.
    5. Where action is taken pursuant to this article, the 
Parties concerned shall take due account of the need not to 
endanger the safety of life at sea, the security of the vessel 
and the cargo or to prejudice the commercial and legal 
interests of the flag State or any other interested State.
    6. The flag State may, consistent with its obligations in 
paragraph 1 of this article, subject its authorization to 
conditions to be mutually agreed between it and the requesting 
Party, including conditions relating to responsibility.
    7. For the purposes of paragraphs 3 and 4 of this article, 
a Party shall respond expeditiously to a request from another 
Party to determine whether a vessel that is flying its flag is 
entitled to do so, and to requests for authorization made 
pursuant to paragraph 3. At the time of becoming a Party to 
this Convention, each Party shall designate an authority or, 
when necessary, authorities to receive and respond to such 
requests. Such designation shall be notified through the 
Secretary-General to all other Parties within one month of the 
designation.
    8. A Party which has taken any action in accordance with 
this article shall promptly inform the flag State concerned of 
the results of that action.
    9. The Parties shall consider entering into bilateral or 
regional agreements or arrangements to carry out, or to enhance 
the effectiveness of, the provisions of this article.
    10. Action pursuant to paragraph 4 of this article shall be 
carried out only by warships or military aircraft, or other 
ships or aircraft clearly marked and identifiable as being on 
government service and authorized to that effect.
    11. Any action taken in accordance with this article shall 
take due account of the need not to interfere with or affect 
the rights and obligations and the exercise of jurisdiction of 
coastal States in accordance with the international law of the 
sea.

              article 18--free trade zones and free ports

    1. The Parties shall apply measures to suppress illicit 
traffic in narcotic drugs, psychotropic substances and 
substances in Table I and Table II in free trade zones and in 
free ports that are no less stringent than those applied in 
other parts of their territories.
    2. The Parties shall endeavour:
          (a) To monitor the movement of goods and persons in 
        free trade zones and free ports, and, to that end, 
        shall empower the competent authorities to search 
        cargoes and incoming and outgoing vessels, including 
        pleasure craft and fishing vessels, as well as aircraft 
        and vehicles and, when appropriate, to search crew 
        members, passengers and their baggage;
          (b) To establish and maintain a system to detect 
        consignments suspected of containing narcotic drugs, 
        psychotropic substances and substances in Table I and 
        Table II passing into or out of free trade zones and 
        free ports;
          (c) To establish and maintain surveillance systems in 
        harbour and dock areas and at airports and border 
        control points in free trade zones and free ports.

                    article 19--the use of the mails

    1. In conformity with their obligations under the 
Conventions of the Universal Postal Union, and in accordance 
with the basic principles of their domestic legal systems, the 
Parties shall adopt measures to suppress the use of the mails 
for illicit traffic and shall co-operate with one another to 
that end.
    2. The measures referred to in paragraph 1 of this article 
shall include, in particular:
          (a) Coordinated action for the prevention and 
        repression of the use of the mails for illicit traffic;
          (b) Introduction and maintenance by authorized law 
        enforcement personnel of investigative and control 
        techniques designed to detect illicit consignments of 
        narcotic drugs, psychotropic substances and substances 
        in Table I and Table II in the mails;
          (c) Legislative measures to enable the use of 
        appropriate means to secure evidence required for 
        judicial proceedings.

         article 20--information to be furnished by the parties

    1. The Parties shall furnish, through the Secretary-
General, information to the Commission on the working of this 
Convention in their territories and, in particular:
          (a) The text of laws and regulations promulgated in 
        order to give effect to the Convention;
          (b) Particulars of cases of illicit traffic within 
        their jurisdiction which they consider important 
        because of new trends disclosed, the quantities 
        involved, the sources from which the substances are 
        obtained, or the methods employed by persons so 
        engaged.
    2. The Parties shall furnish such information in such a 
manner and by such dates as the Commission may request.

                article 21--functions of the commission

    The Commission is authorized to consider all matters 
pertaining to the aims of this Convention and, in particular:
          (a) The Commission shall, on the basis of the 
        information submitted by the Parties in accordance with 
        article 20, review the operation of this Convention;
          (b) The Commission may make suggestions and general 
        recommendations based on the examination of the 
        information received from the Parties;
          (c) The Commission may call the attention of the 
        Board to any matters which may be relevant to the 
        functions of the Board;
          (d) The Commission shall, on any matter referred to 
        it by the Board under article 22, paragraph 1(b), take 
        such action as it deems appropriate;
          (e) The Commission may, in conformity with the 
        procedures laid down in article 12, amend Table I and 
        Table II;
          (f) The Commission may draw the attention of non-
        Parties to decisions and recommendations which it 
        adopts under this Convention, with a view to their 
        considering taking action in accordance therewith.

                   article 22--functions of the board

    1. Without prejudice to the functions of the Commission 
under article 21, and without prejudice to the functions of the 
Board and the Commission under the 1961 Convention, the 1961 
Convention as amended and the 1971 Convention:
          (a) If, on the basis of its examination of 
        information available to it, to the Secretary-General 
        or to the Commission, or of information communicated by 
        United Nations organs, the Board has reason to believe 
        that the aims of this Convention in matters related to 
        its competence are not being met, the Board may invite 
        a Party or Parties to furnish any relevant information;
          (b) With respect to articles 12, 13 and 15:
                  (i) After taking action under subparagraph 
                (a) of this article, the Board, if satisfied 
                that it is necessary to do so, may call upon 
                the Party concerned to adopt such remedial 
                measures as shall seem under the circumstances 
                to be necessary for the execution of the 
                provisions of articles 12, 13 and 16;
                  (ii) Prior to taking action under (iii) 
                below, the Board shall treat as confidential 
                its communications with the Party concerned 
                under the preceding subparagraphs;
                  (iii) If the Board finds that the Party 
                concerned has not taken remedial measures which 
                it has been called upon to take under this 
                subparagraph, it may call the attention of the 
                Parties, the Council and the Commission to the 
                matter. Any report published by the Board under 
                this subparagraph shall also contain the views 
                of the Party concerned if the latter so 
                requests.
    2. Any Party shall be invited to be represented at a 
meeting of the Board at which a question of direct interest to 
it is to be considered under this article.
    3. If in any case a decision of the Board which is adopted 
under this article is not unanimous, the views of the minority 
shall be stated.
    4. Decisions of the Board under this article shall be taken 
by a two-thirds majority of the whole number of the Board.
    5. In carrying out its functions pursuant to subparagraph 
1(a) of this article, the Board shall ensure the 
confidentiality of all information which may come into its 
possession.
    6. The Board's responsibility under this article shall not 
apply to the implementation of treaties or agreements entered 
into between Parties in accordance with the provisions of this 
Convention.
    7. The provisions of this article shall not be applicable 
to disputes between Parties falling under the provisions of 
article 32.

                    article 23--reports of the board

    1. The Board shall prepare an annual report on its work 
containing an analysis of the information at its disposal and, 
in appropriate cases, an account of the explanations, if any, 
given by or required of Parties, together with any observations 
and recommendations which the Board desires to make. The Board 
may make such additional reports as it considers necessary. The 
reports shall be submitted to the Council through the 
Commission which may make such comments as it sees fit.
    2. The reports of the Board shall be communicated to the 
Parties and subsequently published by the Secretary-General. 
The Parties shall permit their unrestricted distribution.

  article 24--application of stricter measures than those required by 
                            this convention

    A Party may adopt more strict or severe measures than those 
provided by this Convention if, in its opinion, such measures 
are desirable or necessary for the prevention or suppression of 
illicit traffic.

 article 25--non-derogation from earlier treaty rights and obligations

    The provisions of this Convention shall not derogate from 
any rights enjoyed or obligations undertaken by Parties to this 
Convention under the 1961 Convention, the 1961 Convention as 
amended and the 1971 Convention.

                         article 26--signature

    This Convention shall be open for signature at the United 
Nations Office at Vienna, from 20 December 1988 to 28 February 
1989, and thereafter at the Headquarters of the United Nations 
at New York, until 20 December 1989, by:
          (a) All States;
          (b) Namibia, represented by the United Nations 
        Council for Namibia;
          (c) Regional economic integration organizations which 
        have competence in respect of the negotiation, 
        conclusion and application of international agreements 
        in matters covered by this Convention, references under 
        the Convention to Parties, States or national services 
        being applicable to these organizations within the 
        limits of their competence.

    article 27--ratification, acceptance, approval or act of formal 
                              confirmation

    1. This Convention is subject to ratification, acceptance 
or approval by States and by Namibia, represented by the United 
Nations Council for Namibia, and to acts of formal confirmation 
by regional economic integration organizations referred to in 
article 26, subparagraph (c). The instruments of ratification, 
acceptance or approval and those relating to acts of formal 
confirmation shall be deposited with the Secretary-General.
    2. In their instruments of formal confirmation, regional 
economic integration organizations shall declare the extent of 
their competence with respect to the matters governed by this 
Convention. These organizations shall also inform the 
Secretary-General of any modification in the extent of their 
competence with respect to the matters governed by the 
Convention.

                         article 28--accession

    1. This Convention shall remain open for accession by any 
State, by Namibia, represented by the United Nations Council 
for Namibia, and by regional economic integration organizations 
referred to in article 26, subparagraph (c). Accession shall be 
effected by the deposit of an instrument of accession with the 
Secretary-General.
    2. In their instruments of accession, regional economic 
integration organizations shall declare the extent of their 
competence with respect to the matters governed by this 
Convention. These organizations shall also inform the 
Secretary-General of any modification in the extent of their 
competence with respect to the matters governed by the 
Convention.

                      article 29--entry into force

    1. This Convention shall enter into force on the ninetieth 
day after the date of the deposit with the Secretary-General of 
the twentieth instrument of ratification, acceptance, approval 
or accession by States or by Namibia, represented by the 
Council for Namibia.
    2. For each State or for Namibia, represented by the 
Council for Namibia, ratifying, accepting, approving or 
acceding to this Convention after the deposit of the twentieth 
instrument of ratification, acceptance, approval or accession, 
the Convention shall enter into force on the ninetieth day 
after the date of the deposit of its instrument of 
ratification, acceptance, approval or accession.
    3. For each regional economic integration organization 
referred to in article 26, subparagraph (c) depositing an 
instrument relating to an act of formal confirmation or an 
instrument of accession, this Convention shall enter into force 
on the ninetieth day after such deposit, or at the date the 
Convention enters into force pursuant to paragraph 1 of this 
article, whichever is later.

                        article 30--denunciation

    1. A Party may denounce this Convention at any time by a 
written notification addressed to the Secretary-General.
    2. Such denunciation shall take effect for the Party 
concerned one year after the date of receipt of the 
notification by the Secretary-General.

                         article 31--amendments

    1. Any Party may propose an amendment to this Convention. 
The text of any such amendment and the reasons therefor shall 
be communicated by that Party to the Secretary-General, who 
shall communicate it to the other Parties and shall ask them 
whether they accept the proposed amendment. If a proposed 
amendment so circulated has not been rejected by any Party 
within twenty-four months after it has been circulated, it 
shall be deemed to have been accepted and shall enter into 
force in respect of a Party ninety days after that Party has 
deposited with the Secretary-General an instrument expressing 
its consent to be bound by that amendment.
    2. If a proposed amendment has been rejected by any Party, 
the Secretary-General shall consult with the Parties and, if a 
majority so requests, he shall bring the matter, together with 
any comments made by the Parties, before the Council which may 
decide to call a conference in accordance with Article 62, 
paragraph 4, of the Charter of the United Nations. Any 
amendment resulting from such a conference shall be embodied in 
a Protocol of Amendment. Consent to be bound by such a Protocol 
shall be required to be expressed specifically to the 
Secretary-General.

                   article 32--settlement of disputes

    1. If there should arise between two or more Parties a 
dispute relating to the interpretation or application of this 
Convention, the Parties shall consult together with a view to 
settlement of the dispute by negotiation, enquiry, mediation, 
conciliation, arbitration, recourse to regional bodies, 
judicial process or other peaceful means of their own choice.
    2. Any such dispute which cannot be settled in the manner 
prescribed in paragraph 1 of this article shall be referred, at 
the request of any one of the States Parties to the dispute, to 
the International Court of Justice for decision.
    3. If a regional economic integration organization referred 
to in article 26, subparagraph (c) is a Party to a dispute 
which cannot be settled in the manner prescribed in paragraph 1 
of this article, it may, through a State Member of the United 
Nations, request the Council to request an advisory opinion of 
the International Court of Justice in accordance with Article 
65 of the Statute of the Court, which opinion shall be regarded 
as decisive.
    4. Each State, at the time of signature or ratification, 
acceptance or approval of this Convention or accession thereto, 
or each regional economic integration organization, at the time 
of a signature or deposit of an act of formal confirmation or 
accession, may declare that it does not consider itself bound 
by paragraphs 2 and 3 of this article. The other Parties shall 
not be bound by paragraphs 2 and 3 with respect to any Party 
having made such a declaration.
    5. Any Party having made a declaration in accordance with 
paragraph 4 of this article may at any time withdraw the 
declaration by notification to the Secretary-General.

                      article 33--authentic texts

    The Arabic, Chinese, English, French, Russian and Spanish 
texts of this Convention are equally authentic.

                         article 34--depositary

    The Secretary-General shall be the depositary of this 
Convention.

    In witness whereof the undersigned, being duly authorized 
thereto, have signed this Convention.

    Done at Vienna, in one original, this twentieth day of 
December, one thousand nine hundred and eighty-eight.

                                 ANNEX

   Revised Tables including the amendments made by the Commission on 
             Narcotic Drugs in force as of 23 November 1992


 
------------------------------------------------------------------------
             Table I \1\                         Table II \2\
------------------------------------------------------------------------
N-acetylanthranilic acid              Acetic anhydride
Ephedrine                             Acetone
Ergometrine                           Anthranilic acid
Ergotamine                            Ethyl ether
Isosafrole                            Hydrochloric acid
Lysergic acid                         Methyl ethyl ketone
3,4-methylenedioxyphenyl-2-propanone  Phenylacetic acid
1-phenyl-2-propanone                  Piperidine
Piperonal                             Potassium permanganate
Pseudoephedrine                       Sulphuric acid
Safrole                               Toluene
------------------------------------------------------------------------
\1\ The salts of the substances listed in this Table whenever the
  existence of such salts is possible.
\2\ The salts of the substances listed in this Table whenever the
  existence of such salts is possible (the salts of hydrochloric acid
  and sulphuric acid are specifically excluded).

 5. Inter-American Convention on Serving Criminal Sentences Abroad \1\

 Adopted at Managua, Nicaragua, June 9, 1993; Signed on behalf of the 
 United States, January 10, 1995; Entered into force generally, April 
12, 1996; Ratification advised by the Senate, October 18, 2000; Entered 
            into force for the United States, June 24, 2001

    The Member States of the Organization of American States,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Considering that, according to Article 2.e of the OAS 
Charter, one of the essential purposes of the Organization of 
American States is to ``seek the solution of political, 
---------------------------------------------------------------------------
juridical and economic problems that may arise among them'';

    Inspired by the Desire to cooperate to ensure improved 
administration of justice through the social rehabilitation of 
the sentenced persons;

    Persuaded that to attain these ends, it is advisable that 
the sentenced person be given an opportunity to serve the 
sentence in the country of which the sentenced person is a 
national; and

    Convinced that the way to bring about this result is to 
transfer the sentenced person,

    Resolves to adopt the following Inter-American Convention 
on Serving Criminal Sentences Abroad:

                         Article I--Definitions

    For the purposes of this convention:
    1. Sentencing state: means the state party from which the 
sentenced person would be transferred.
    2. Receiving state: means the state party to which the 
sentenced person would be transferred.
    3. Sentence: means the final judicial decision imposing, as 
a penalty for the commission of a criminal offense, 
imprisonment or a term of parole, probation, or other form of 
supervision without imprisonment. A sentence is understood to 
be final when no ordinary legal appeal against the conviction 
or sentence is pending in the sentencing state and the period 
for its appeal has expired.
    4. Sentenced person: means the person who is to serve or is 
serving a sentence in the territory of a state party.

                     Article II--General Provisions

    In accordance with the provisions of this convention:
    a. a sentence imposed in one state party upon a national of 
another state party may be served by the sentenced person in 
the state of which he or she is a national; and
    b. the states parties undertake to afford each other the 
fullest cooperation in connection with the transfer of 
sentenced persons.

     Article III--Conditions for the Application of this Convention

    This convention shall be applicable only under the 
following conditions:
    1. The sentence must be final, as defined in Article 1.3 of 
this convention.
    2. The sentenced person must consent to the transfer, 
having been previously informed of the legal consequences 
thereof.
    3. The act for which the person has been sentenced must 
also constitutes a crime in the receiving state. For this 
purpose, no account shall be taken of differences of 
terminology or of those that have no bearing on the nature of 
the offense.
    4. The sentenced person must be a national of the receiving 
state.
    5. The sentence to be served must not be the death penalty.
    6. At least six months of the sentence must remain to be 
served at the time the request is made.
    7. The administration of the sentence must not be contrary 
to domestic law in the receiving state.

                  Article IV--Provision of Information

    1. Each state party shall inform any sentenced person 
covered by the provisions of this convention as to its content.
    2. The states parties shall keep the sentenced person 
informed as to the processing of the transfer.

                   Article V--Procedure for Transfer

    The transfer of a sentenced person from one state to 
another shall be subject to the following procedure:
    1. The request for application of this convention may be 
made by the sentencing state, the receiving state, or the 
sentenced person. The procedures for the transfer may be 
initiated by the sentencing state or by the receiving state. In 
these cases, it is required that the sentenced person has 
expressed consent to the transfer.
    2. The request for transfer shall be processed through the 
central authorities indicated pursuant to Article XI of this 
convention, or, in the absence thereof, through consular or 
diplomatic channels. In conformity with its domestic law, each 
state party shall inform those authorities it considers 
necessary as to the content of this convention. It shall also 
endeavor to establish mechanisms for cooperation among the 
central authority and the other authorities that are to 
participate in the transfer of the sentenced person.
    3. If the sentence was handed down by a state or province 
with criminal jurisdiction independent from that of the federal 
government, the approval of the authorities of that state or 
province shall be required for the application of this transfer 
procedure.
    4. The request for transfer shall furnish pertinent 
information establishing that the conditions of Article III 
have been met.
    5. Before the transfer is made, the sentencing state shall 
permit the receiving state to verify, if it wishes, through an 
official designated by the latter, that the sentenced person 
has given consent to the transfer in full knowledge of the 
legal consequences thereof.
    6. In taking a decision on the transfer of a sentenced 
person, the states parties may consider, among other factors, 
the possibility of contributing to the person's social 
rehabilitation; the gravity of the offense; the criminal record 
of the sentenced person, if any; the state of health of the 
sentenced person; and the family, social, or other ties the 
sentenced person may have in the sentencing state and the 
receiving state.
    7. The sentencing state shall provide the receiving state 
with a certified copy of the sentence, including information on 
the amount of time already served by the sentenced person and 
on the time off that could be credited for reasons such as 
work, good behavior, or pre-trial detention. The receiving 
state may request such other information as it deems necessary.
    8. Surrender of the sentenced person by the sentencing 
state to the receiving state shall be effected at the place 
agreed upon by the central authorities. The receiving state 
shall be responsible for custody of the sentenced person from 
the moment of delivery.
    9. All expenses that arise in connection with the transfer 
of the sentenced person until that person is placed in the 
custody of the receiving state shall be borne by the sentencing 
state.
    10. The receiving state shall be responsible for all 
expenses arising from the transfer of the sentenced person as 
of the moment that person is placed in the receiving state's 
custody.

                Article VI--Refusal of Transfer Request

    When a state party does not approve the transfer of a 
sentenced person, it shall notify the requesting state of its 
refusal immediately, and whenever possible and appropriate, 
explain its reasons for the refusal.

  Article VII--Rights of the Sentenced Person Who is Transferred and 
                       Manner of Serving Sentence

    1. A sentenced person who is transferred under the 
provisions of this convention shall not be arrested, tried, or 
sentenced again in the receiving state for the same offense 
upon which the sentence to be executed is based.
    2. Except as provided in Article VIII of this convention, 
the sentence of a sentenced person who is transferred shall be 
served in accordance with the laws and procedures of the 
receiving state, including application of any provisions 
relating to reduction of time of imprisonment or of alternative 
service of the sentence.
          No sentence may be enforced by a receiving state in 
        such fashion as to lengthen the sentence beyond the 
        date on which it would expire under the terms of the 
        sentence of the court in the sentencing state.
    3. The authorities of a sentencing state may request, by 
way of the central authorities, reports on the status of 
service of the sentence of any sentenced person transferred to 
a receiving state in accordance with this convention.

  Article VIII--Review of Sentence and Effects in the Receiving State

    The sentencing state shall retain full jurisdiction for the 
review of sentences issued by its courts. It shall also retain 
the power to grant pardon, amnesty, or mercy to the sentenced 
person. The receiving state, upon receiving notice of any 
decision in this regard, must take the corresponding measures 
immediately.

       Article IX--Application of the Convention in Special Cases

    This Convention may also be applicable to persons subject 
to supervision or other measures under the laws of one of the 
states parties relating to youthful offenders. Consent for the 
transfer shall be obtained from the person legally authorized 
to grant it.
    By agreement between the parties, this convention may be 
applied to persons whom the competent authority has pronounced 
unindictable, for purposes of treatment of such persons in the 
receiving state. The parties shall, in accordance with their 
laws, agree on the type of treatment to be accorded such 
individuals upon transfer. For the transfer, consent must be 
obtained from a person legally authorized to grant it.

                           Article X--Transit

    If the sentenced person, upon being transferred, must cross 
the territory of a another state party to this convention, the 
latter shall be notified by way of transmittal of the decision 
granting the transfer by the state under whose custody the 
transfer is to be effected. In such cases, the state of transit 
may or may not consent to the transit of the sentenced person 
through its territory.
    Such notification shall not be necessary when air transport 
is used and no regular landing is scheduled in the territory of 
the state party that is to be overflown.

                     Article XI--Central Authority

    Upon signing, ratifying, or acceding to this convention, 
the states parties shall notify the General Secretariat of the 
Organization of American States of the central authority 
designated to perform the functions provided herein. The 
General Secretariat shall distribute to the states parties to 
this convention a list of the designations it has received.

             Article XII--Relationship to Other Agreements

    None of the stipulations of this convention shall be 
construed to restrict other bilateral or multilateral treaties 
or other agreements between the parties.

                             Final Clauses

                              Article XIII

    This convention is open to signature by the Member states 
of the Organization of American States.

                              Article XIV

    This convention is subject to ratification. The instruments 
of ratification shall be deposited with the General Secretariat 
of the Organization of American States.

                               Article XV

    This convention shall remain open to accession by any other 
state. The instruments of accession shall be deposited with the 
General Secretariat of the Organization of American States.

                              Article XVI

    The States may set forth reservations to this convention at 
such time as they approve, sign, ratify, or accede to it, 
provided that the reservations are not incompatible with the 
object and purpose of this convention and that they relate to 
one or more specific provisions.

                              Article XVII

    This convention shall enter into force for the ratifying 
states on the thirtieth day following the date on which the 
second instrument of ratification has been deposited.
    For each state that ratifies the convention or accedes to 
it after the second instrument of ratification has been 
deposited, the convention shall enter into force on the 
thirtieth day following the day on which such states has 
deposited its instrument of ratification or accession.

                             Article XVIII

    This convention shall remain in force indefinitely, but any 
state party may denounce it. The denunciation shall be 
registered with the General Secretariat of the Organization of 
American States. At the end of one year from the date of the 
denunciation, the convention shall cease to be in force for the 
denouncing state.
    However, its provisions shall remain in force for the 
denouncing state with respect to sentenced persons transferred 
in accordance with this convention, until the respective 
sentences have been served.
    Requests for transfer being processed at the time the 
denunciation of this convention is made will continue to be 
processed and executed, unless the parties agree to the 
contrary.

                              Article XIX

    The original of this convention, whose texts in English, 
French, Portuguese, and Spanish are equally authentic, shall be 
deposited with the General Secretariat of the Organization of 
American States, which shall send a certified copy, for 
registry and publication, to the Secretariat of the United 
Nations, pursuant to Article 102 of the United Nations Charter. 
The General Secretariat of the Organization of American States 
shall notify the Member states of that Organization and the 
states that have acceded to the convention of the signatures 
affixed, the instruments of ratification, accession, or 
denunciation deposited, and the reservations set forth, if any.

    In Witness Whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective governments, have 
signed this Convention, which shall be called the ``Inter-
American Convention on Serving Criminal Sentences Abroad''.
 6. United Nations Convention Against Transnational Organized Crime \1\

Adopted at New York, November 15, 2000; Signed on behalf of the United 
States, December 13, 2000; Entered into force generally, September 29, 
2003; Ratification advised by the Senate, October 7, 2005; Entered into 
             force for the United States, December 3, 2005

                               Article 1

                          Statement of purpose

    The purpose of this Convention is to promote cooperation to 
prevent and combat transnational organized crime more 
effectively.
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.
---------------------------------------------------------------------------

                               Article 2

                              Use of terms

    For the purposes of this Convention:
          (a) ``Organized criminal group'' shall mean a 
        structured group of three or more persons, existing for 
        a period of time and acting in concert with the aim of 
        committing one or more serious crimes or offences 
        established in accordance with this Convention, in 
        order to obtain, directly or indirectly, a financial or 
        other material benefit;
          (b) ``Serious crime'' shall mean conduct constituting 
        an offence punishable by a maximum deprivation of 
        liberty of at least four years or a more serious 
        penalty;
          (c) ``Structured group'' shall mean a group that is 
        not randomly formed for the immediate commission of an 
        offence and that does not need to have formally defined 
        roles for its members, continuity of its membership or 
        a developed structure;
          (d) ``Property'' shall mean assets of every kind, 
        whether corporeal or incorporeal, movable or immovable, 
        tangible or intangible, and legal documents or 
        instruments evidencing title to, or interest in, such 
        assets;
          (e) ```Proceeds of crime'' shall mean any property 
        derived from or obtained, directly or indirectly, 
        through the commission of an offence;
          (f) ``Freezing'' or ``seizure'' shall mean 
        temporarily prohibiting the transfer, conversion, 
        disposition or movement of property or temporarily 
        assuming custody or control of property on the basis of 
        an order issued by a court or other competent 
        authority;
          (g) ``Confiscation'', which includes forfeiture where 
        applicable, shall mean the permanent deprivation of 
        property by order of a court or other competent 
        authority;
          (h) ``Predicate offence'' shall mean any offence as a 
        result of which proceeds have been generated that may 
        become the subject of an offence as defined in article 
        6 of this Convention;
          (i) ``Controlled delivery'' shall mean the technique 
        of allowing illicit or suspect consignments to pass out 
        of, through or into the territory of one or more 
        States, with the knowledge and under the supervision of 
        their competent authorities, with a view to the 
        investigation of an offence and the identification of 
        persons involved in the commission of the offence;
          (j) ``Regional economic integration organization'' 
        shall mean an organization constituted by sovereign 
        States of a given region, to which its member States 
        have transferred competence in respect of matters 
        governed by this Convention and which has been duly 
        authorized, in accordance with its internal procedures, 
        to sign, ratify, accept, approve or accede to it; 
        references to ``States Parties'' under this Convention 
        shall apply to such organizations within the limits of 
        their competence.

                               Article 3

                          Scope of application

    1. This Convention shall apply, except as otherwise stated 
herein, to the prevention, investigation and prosecution of:
          (a) The offences established in accordance with 
        articles 5, 6, 8 and 23 of this Convention; and
          (b) Serious crime as defined in article 2 of this 
        Convention; where the offence is transnational in 
        nature and involves an organized criminal group.
    2. For the purpose of paragraph 1 of this article, an 
offence is transnational in nature if:
          (a) It is committed in more than one State;
          (b) It is committed in one State but a substantial 
        part of its preparation, planning, direction or control 
        takes place in another State;
          (c) It is committed in one State but involves an 
        organized criminal group that engages in criminal 
        activities in more than one State; or
          (d) It is committed in one State but has substantial 
        effects in another State.

                               Article 4

                       Protection of sovereignty

    1. States Parties shall carry out their obligations under 
this Convention in a manner consistent with the principles of 
sovereign equality and territorial integrity of States and that 
of non-intervention in the domestic affairs of other States.
    2. Nothing in this Convention entitles a State Party to 
undertake in the territory of another State the exercise of 
jurisdiction and performance of functions that are reserved 
exclusively for the authorities of that other State by its 
domestic law.

                               Article 5

    Criminalization of participation in an organized criminal group

    1. Each State Party shall adopt such legislative and other 
measures as may be necessary to establish as criminal offences, 
when committed intentionally:
          (a) Either or both of the following as criminal 
        offences distinct from those involving the attempt or 
        completion of the criminal activity:
                  (i) Agreeing with one or more other persons 
                to commit a serious crime for a purpose 
                relating directly or indirectly to the 
                obtaining of a financial or other material 
                benefit and, where required by domestic law, 
                involving an act undertaken by one of the 
                participants in furtherance of the agreement or 
                involving an organized criminal group;
                  (ii) Conduct by a person who, with knowledge 
                of either the aim and general criminal activity 
                of an organized criminal group or its intention 
                to commit the crimes in question, takes an 
                active part in:
                          a. Criminal activities of the 
                        organized criminal group;
                          b. Other activities of the organized 
                        criminal group in the knowledge that 
                        his or her participation will 
                        contribute to the achievement of the 
                        above-described criminal aim;
          (b) Organizing, directing, aiding, abetting, 
        facilitating or counselling the commission of serious 
        crime involving an organized criminal group.
    2. The knowledge, intent, aim, purpose or agreement 
referred to in paragraph 1 of this article may be inferred from 
objective factual circumstances.
    3. States Parties whose domestic law requires involvement 
of an organized criminal group for purposes of the offences 
established in accordance with paragraph 1 (a) (i) of this 
article shall ensure that their domestic law covers all serious 
crimes involving organized criminal groups. Such States 
Parties, as well as States Parties whose domestic law requires 
an act in furtherance of the agreement for purposes of the 
offences established in accordance with paragraph 1 (a) (i) of 
this article, shall so inform the Secretary-General of the 
United Nations at the time of their signature or of deposit of 
their instrument of ratification, acceptance or approval of or 
accession to this Convention.

                               Article 6

         Criminalization of the laundering of proceeds of crime

    1. Each State Party shall adopt, in accordance with 
fundamental principles of its domestic law, such legislative 
and other measures as may be necessary to establish as criminal 
offences, when committed intentionally:
          (a)(i) The conversion or transfer of property, 
        knowing that such property is the proceeds of crime, 
        for the purpose of concealing or disguising the illicit 
        origin of the property or of helping any person who is 
        involved in the commission of the predicate offence to 
        evade the legal consequences of his or her action;
          (ii) The concealment or disguise of the true nature, 
        source, location, disposition, movement or ownership of 
        or rights with respect to property, knowing that such 
        property is the proceeds of crime;
          (b) Subject to the basic concepts of its legal 
        system:
                  (i) The acquisition, possession or use of 
                property, knowing, at the time of receipt, that 
                such property is the proceeds of crime;
                  (ii) Participation in, association with or 
                conspiracy to commit, attempts to commit and 
                aiding, abetting, facilitating and counselling 
                the commission of any of the offences 
                established in accordance with this article.
    2. For purposes of implementing or applying paragraph 1 of 
this article:
          (a) Each State Party shall seek to apply paragraph 1 
        of this article to the widest range of predicate 
        offences;
          (b) Each State Party shall include as predicate 
        offences all serious crime as defined in article 2 of 
        this Convention and the offences established in 
        accordance with articles 5, 8 and 23 of this 
        Convention. In the case of States Parties whose 
        legislation sets out a list of specific predicate 
        offences, they shall, at a minimum, include in such 
        list a comprehensive range of offences associated with 
        organized criminal groups;
          (c) For the purposes of subparagraph (b), predicate 
        offences shall include offences committed both within 
        and outside the jurisdiction of the State Party in 
        question. However, offences committed outside the 
        jurisdiction of a State Party shall constitute 
        predicate offences only when the relevant conduct is a 
        criminal offence under the domestic law of the State 
        where it is committed and would be a criminal offence 
        under the domestic law of the State Party implementing 
        or applying this article had it been committed there;
          (d) Each State Party shall furnish copies of its laws 
        that give effect to this article and of any subsequent 
        changes to such laws or a description thereof to the 
        Secretary-General of the United Nations;
          (e) If required by fundamental principles of the 
        domestic law of a State Party, it may be provided that 
        the offences set forth in paragraph 1 of this article 
        do not apply to the persons who committed the predicate 
        offence;
          (f) Knowledge, intent or purpose required as an 
        element of an offence set forth in paragraph 1 of this 
        article may be inferred from objective factual 
        circumstances.

                               Article 7

                  Measures to combat money-laundering

    1. Each State Party:
          (a) Shall institute a comprehensive domestic 
        regulatory and supervisory regime for banks and non-
        bank financial institutions and, where appropriate, 
        other bodies particularly susceptible to money-
        laundering, within its competence, in order to deter 
        and detect all forms of money-laundering, which regime 
        shall emphasize requirements for customer 
        identification, record-keeping and the reporting of 
        suspicious transactions;
          (b) Shall, without prejudice to articles 18 and 27 of 
        this Convention, ensure that administrative, 
        regulatory, law enforcement and other authorities 
        dedicated to combating money-laundering (including, 
        where appropriate under domestic law, judicial 
        authorities) have the ability to cooperate and exchange 
        information at the national and international levels 
        within the conditions prescribed by its domestic law 
        and, to that end, shall consider the establishment of a 
        financial intelligence unit to serve as a national 
        centre for the collection, analysis and dissemination 
        of information regarding potential money-laundering.
    2. States Parties shall consider implementing feasible 
measures to detect and monitor the movement of cash and 
appropriate negotiable instruments across their borders, 
subject to safeguards to ensure proper use of information and 
without impeding in any way the movement of legitimate capital. 
Such measures may include a requirement that individuals and 
businesses report the cross-border transfer of substantial 
quantities of cash and appropriate negotiable instruments.
    3. In establishing a domestic regulatory and supervisory 
regime under the terms of this article, and without prejudice 
to any other article of this Convention, States Parties are 
called upon to use as a guideline the relevant initiatives of 
regional, interregional and multilateral organizations against 
money-laundering.
    4. States Parties shall endeavour to develop and promote 
global, regional, subregional and bilateral cooperation among 
judicial, law enforcement and financial regulatory authorities 
in order to combat money-laundering.

                               Article 8

                     Criminalization of corruption

    1. Each State Party shall adopt such legislative and other 
measures as may be necessary to establish as criminal offences, 
when committed intentionally:
          (a) The promise, offering or giving to a public 
        official, directly or indirectly, of an undue 
        advantage, for the official himself or herself or 
        another person or entity, in order that the official 
        act or refrain from acting in the exercise of his or 
        her official duties;
          (b) The solicitation or acceptance by a public 
        official, directly or indirectly, of an undue 
        advantage, for the official himself or herself or 
        another person or entity, in order that the official 
        act or refrain from acting in the exercise of his or 
        her official duties.
    2. Each State Party shall consider adopting such 
legislative and other measures as may be necessary to establish 
as criminal offences conduct referred to in paragraph 1 of this 
article involving a foreign public official or international 
civil servant. Likewise, each State Party shall consider 
establishing as criminal offences other forms of corruption.
    3. Each State Party shall also adopt such measures as may 
be necessary to establish as a criminal offence participation 
as an accomplice in an offence established in accordance with 
this article.
    4. For the purposes of paragraph 1 of this article and 
article 9 of this Convention, ``public official'' shall mean a 
public official or a person who provides a public service as 
defined in the domestic law and as applied in the criminal law 
of the State Party in which the person in question performs 
that function.

                               Article 9

                      Measures against corruption

    1. In addition to the measures set forth in article 8 of 
this Convention, each State Party shall, to the extent 
appropriate and consistent with its legal system, adopt 
legislative, administrative or other effective measures to 
promote integrity and to prevent, detect and punish the 
corruption of public officials.
    2. Each State Party shall take measures to ensure effective 
action by its authorities in the prevention, detection and 
punishment of the corruption of public officials, including 
providing such authorities with adequate independence to deter 
the exertion of inappropriate influence on their actions.

                               Article 10

                       Liability of legal persons

    1. Each State Party shall adopt such measures as may be 
necessary, consistent with its legal principles, to establish 
the liability of legal persons for participation in serious 
crimes involving an organized criminal group and for the 
offences established in accordance with articles 5, 6, 8 and 23 
of this Convention.
    2. Subject to the legal principles of the State Party, the 
liability of legal persons may be criminal, civil or 
administrative.
    3. Such liability shall be without prejudice to the 
criminal liability of the natural persons who have committed 
the offences.
    4. Each State Party shall, in particular, ensure that legal 
persons held liable in accordance with this article are subject 
to effective, proportionate and dissuasive criminal or non-
criminal sanctions, including monetary sanctions.

                               Article 11

                Prosecution, adjudication and sanctions

    1. Each State Party shall make the commission of an offence 
established in accordance with articles 5, 6, 8 and 23 of this 
Convention liable to sanctions that take into account the 
gravity of that offence.
    2. Each State Party shall endeavour to ensure that any 
discretionary legal powers under its domestic law relating to 
the prosecution of persons for offences covered by this 
Convention are exercised to maximize the effectiveness of law 
enforcement measures in respect of those offences and with due 
regard to the need to deter the commission of such offences.
    3. In the case of offences established in accordance with 
articles 5, 6, 8 and 23 of this Convention, each State Party 
shall take appropriate measures, in accordance with its 
domestic law and with due regard to the rights of the defence, 
to seek to ensure that conditions imposed in connection with 
decisions on release pending trial or appeal take into 
consideration the need to ensure the presence of the defendant 
at subsequent criminal proceedings.
    4. Each State Party shall ensure that its courts or other 
competent authorities bear in mind the grave nature of the 
offences covered by this Convention when considering the 
eventuality of early release or parole of persons convicted of 
such offences.
    5. Each State Party shall, where appropriate, establish 
under its domestic law a long statute of limitations period in 
which to commence proceedings for any offence covered by this 
Convention and a longer period where the alleged offender has 
evaded the administration of justice.
    6. Nothing contained in this Convention shall affect the 
principle that the description of the offences established in 
accordance with this Convention and of the applicable legal 
defences or other legal principles controlling the lawfulness 
of conduct is reserved to the domestic law of a State Party and 
that such offences shall be prosecuted and punished in 
accordance with that law.

                               Article 12

                        Confiscation and seizure

    1. States Parties shall adopt, to the greatest extent 
possible within their domestic legal systems, such measures as 
may be necessary to enable confiscation of:
          (a) Proceeds of crime derived from offences covered 
        by this Convention or property the value of which 
        corresponds to that of such proceeds;
          (b) Property, equipment or other instrumentalities 
        used in or destined for use in offences covered by this 
        Convention.
    2. States Parties shall adopt such measures as may be 
necessary to enable the identification, tracing, freezing or 
seizure of any item referred to in paragraph 1 of this article 
for the purpose of eventual confiscation.
    3. If proceeds of crime have been transformed or converted, 
in part or in full, into other property, such property shall be 
liable to the measures referred to in this article instead of 
the proceeds.
    4. If proceeds of crime have been intermingled with 
property acquired from legitimate sources, such property shall, 
without prejudice to any powers relating to freezing or 
seizure, be liable to confiscation up to the assessed value of 
the intermingled proceeds.
    5. Income or other benefits derived from proceeds of crime, 
from property into which proceeds of crime have been 
transformed or converted or from property with which proceeds 
of crime have been intermingled shall also be liable to the 
measures referred to in this article, in the same manner and to 
the same extent as proceeds of crime.
    6. For the purposes of this article and article 13 of this 
Convention, each State Party shall empower its courts or other 
competent authorities to order that bank, financial or 
commercial records be made available or be seized. States 
Parties shall not decline to act under the provisions of this 
paragraph on the ground of bank secrecy.
    7. States Parties may consider the possibility of requiring 
that an offender demonstrate the lawful origin of alleged 
proceeds of crime or other property liable to confiscation, to 
the extent that such a requirement is consistent with the 
principles of their domestic law and with the nature of the 
judicial and other proceedings.
    8. The provisions of this article shall not be construed to 
prejudice the rights of bona fide third parties.
    9. Nothing contained in this article shall affect the 
principle that the measures to which it refers shall be defined 
and implemented in accordance with and subject to the 
provisions of the domestic law of a State Party.

                               Article 13

         International cooperation for purposes of confiscation

    1. A State Party that has received a request from another 
State Party having jurisdiction over an offence covered by this 
Convention for confiscation of proceeds of crime, property, 
equipment or other instrumentalities referred to in article 12, 
paragraph 1, of this Convention situated in its territory 
shall, to the greatest extent possible within its domestic 
legal system:
          (a) Submit the request to its competent authorities 
        for the purpose of obtaining an order of confiscation 
        and, if such an order is granted, give effect to it; or
          (b) Submit to its competent authorities, with a view 
        to giving effect to it to the extent requested, an 
        order of confiscation issued by a court in the 
        territory of the requesting State Party in accordance 
        with article 12, paragraph 1, of this Convention 
        insofar as it relates to proceeds of crime, property, 
        equipment or other instrumentalities referred to in 
        article 12, paragraph 1, situated in the territory of 
        the requested State Party.
    2. Following a request made by another State Party having 
jurisdiction over an offence covered by this Convention, the 
requested State Party shall take measures to identify, trace 
and freeze or seize proceeds of crime, property, equipment or 
other instrumentalities referred to in article 12, paragraph 1, 
of this Convention for the purpose of eventual confiscation to 
be ordered either by the requesting State Party or, pursuant to 
a request under paragraph 1 of this article, by the requested 
State Party.
    3. The provisions of article 18 of this Convention are 
applicable, mutatis mutandis, to this article. In addition to 
the information specified in article 18, paragraph 15, requests 
made pursuant to this article shall contain:
          (a) In the case of a request pertaining to paragraph 
        1 (a) of this article, a description of the property to 
        be confiscated and a statement of the facts relied upon 
        by the requesting State Party sufficient to enable the 
        requested State Party to seek the order under its 
        domestic law;
          (b) In the case of a request pertaining to paragraph 
        1 (b) of this article, a legally admissible copy of an 
        order of confiscation upon which the request is based 
        issued by the requesting State Party, a statement of 
        the facts and information as to the extent to which 
        execution of the order is requested;
          (c) In the case of a request pertaining to paragraph 
        2 of this article, a statement of the facts relied upon 
        by the requesting State Party and a description of the 
        actions requested.
    4. The decisions or actions provided for in paragraphs 1 
and 2 of this article shall be taken by the requested State 
Party in accordance with and subject to the provisions of its 
domestic law and its procedural rules or any bilateral or 
multilateral treaty, agreement or arrangement to which it may 
be bound in relation to the requesting State Party.
    5. Each State Party shall furnish copies of its laws and 
regulations that give effect to this article and of any 
subsequent changes to such laws and regulations or a 
description thereof to the Secretary-General of the United 
Nations.
    6. f a State Party elects to make the taking of the 
measures referred to in paragraphs 1 and 2 of this article 
conditional on the existence of a relevant treaty, that State 
Party shall consider this Convention the necessary and 
sufficient treaty basis.
    7. Cooperation under this article may be refused by a State 
Party if the offence to which the request relates is not an 
offence covered by this Convention.
    8. The provisions of this article shall not be construed to 
prejudice the rights of bona fide third parties.
    9. States Parties shall consider concluding bilateral or 
multilateral treaties, agreements or arrangements to enhance 
the effectiveness of international cooperation undertaken 
pursuant to this article.

                               Article 14

         Disposal of confiscated proceeds of crime or property

    1. Proceeds of crime or property confiscated by a State 
Party pursuant to articles 12 or 13, paragraph 1, of this 
Convention shall be disposed of by that State Party in 
accordance with its domestic law and administrative procedures.
    2. When acting on the request made by another State Party 
in accordance with article 13 of this Convention, States 
Parties shall, to the extent permitted by domestic law and if 
so requested, give priority consideration to returning the 
confiscated proceeds of crime or property to the requesting 
State Party so that it can give compensation to the victims of 
the crime or return such proceeds of crime or property to their 
legitimate owners.
    3. When acting on the request made by another State Party 
in accordance with articles 12 and 13 of this Convention, a 
State Party may give special consideration to concluding 
agreements or arrangements on:
          (a) Contributing the value of such proceeds of crime 
        or property or funds derived from the sale of such 
        proceeds of crime or property or a part thereof to the 
        account designated in accordance with article 30, 
        paragraph 2 (c), of this Convention and to 
        intergovernmental bodies specializing in the fight 
        against organized crime;
          (b) Sharing with other States Parties, on a regular 
        or case-by-case basis, such proceeds of crime or 
        property, or funds derived from the sale of such 
        proceeds of crime or property, in accordance with its 
        domestic law or administrative procedures.

                               Article 15

                              Jurisdiction

    1. Each State Party shall adopt such measures as may be 
necessary to establish its jurisdiction over the offences 
established in accordance with articles 5, 6, 8 and 23 of this 
Convention when:
          (a) The offence is committed in the territory of that 
        State Party; or
          (b) The offence is committed on board a vessel that 
        is flying the flag of that State Party or an aircraft 
        that is registered under the laws of that State Party 
        at the time that the offence is committed.
    2. Subject to article 4 of this Convention, a State Party 
may also establish its jurisdiction over any such offence when:
          (a) The offence is committed against a national of 
        that State Party;
          (b) The offence is committed by a national of that 
        State Party or a stateless person who has his or her 
        habitual residence in its territory; or
          (c) The offence is:
                  (i) One of those established in accordance 
                with article 5, paragraph 1, of this Convention 
                and is committed outside its territory with a 
                view to the commission of a serious crime 
                within its territory;
                  (ii) One of those established in accordance 
                with article 6, paragraph 1 (b) (ii), of this 
                Convention and is committed outside its 
                territory with a view to the commission of an 
                offence established in accordance with article 
                6, paragraph 1 (a) (i) or (ii) or (b) (i), of 
                this Convention within its territory.
    3. For the purposes of article 16, paragraph 10, of this 
Convention, each State Party shall adopt such measures as may 
be necessary to establish its jurisdiction over the offences 
covered by this Convention when the alleged offender is present 
in its territory and it does not extradite such person solely 
on the ground that he or she is one of its nationals.
    4. Each State Party may also adopt such measures as may be 
necessary to establish its jurisdiction over the offences 
covered by this Convention when the alleged offender is present 
in its territory and it does not extradite him or her.
    5. If a State Party exercising its jurisdiction under 
paragraph 1 or 2 of this article has been notified, or has 
otherwise learned, that one or more other States Parties are 
conducting an investigation, prosecution or judicial proceeding 
in respect of the same conduct, the competent authorities of 
those States Parties shall, as appropriate, consult one another 
with a view to coordinating their actions.
    6. Without prejudice to norms of general international law, 
this Convention does not exclude the exercise of any criminal 
jurisdiction established by a State Party in accordance with 
its domestic law.

                               Article 16

                              Extradition

    1. This article shall apply to the offences covered by this 
Convention or in cases where an offence referred to in article 
3, paragraph 1 (a) or (b), involves an organized criminal group 
and the person who is the subject of the request for 
extradition is located in the territory of the requested State 
Party, provided that the offence for which extradition is 
sought is punishable under the domestic law of both the 
requesting State Party and the requested State Party.
    2. If the request for extradition includes several separate 
serious crimes, some of which are not covered by this article, 
the requested State Party may apply this article also in 
respect of the latter offences.
    3. Each of the offences to which this article applies shall 
be deemed to be included as an extraditable offence in any 
extradition treaty existing between States Parties. States 
Parties undertake to include such offences as extraditable 
offences in every extradition treaty to be concluded between 
them.
    4. If a State Party that makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, it may consider this Convention the legal basis for 
extradition in respect of any offence to which this article 
applies.
    5. States Parties that make extradition conditional on the 
existence of a treaty shall:
          (a) At the time of deposit of their instrument of 
        ratification, acceptance, approval of or accession to 
        this Convention, inform the Secretary-General of the 
        United Nations whether they will take this Convention 
        as the legal basis for cooperation on extradition with 
        other States Parties to this Convention; and
          (b) If they do not take this Convention as the legal 
        basis for cooperation on extradition, seek, where 
        appropriate, to conclude treaties on extradition with 
        other States Parties to this Convention in order to 
        implement this article.
    6. States Parties that do not make extradition conditional 
on the existence of a treaty shall recognize offences to which 
this article applies as extraditable offences between 
themselves.
    7. Extradition shall be subject to the conditions provided 
for by the domestic law of the requested State Party or by 
applicable extradition treaties, including, inter alia, 
conditions in relation to the minimum penalty requirement for 
extradition and the grounds upon which the requested State 
Party may refuse extradition.
    8. States Parties shall, subject to their domestic law, 
endeavour to expedite extradition procedures and to simplify 
evidentiary requirements relating thereto in respect of any 
offence to which this article applies.
    9. Subject to the provisions of its domestic law and its 
extradition treaties, the requested State Party may, upon being 
satisfied that the circumstances so warrant and are urgent and 
at the request of the requesting State Party, take a person 
whose extradition is sought and who is present in its territory 
into custody or take other appropriate measures to ensure his 
or her presence at extradition proceedings.
    10. A State Party in whose territory an alleged offender is 
found, if it does not extradite such person in respect of an 
offence to which this article applies solely on the ground that 
he or she is one of its nationals, shall, at the request of the 
State Party seeking extradition, be obliged to submit the case 
without undue delay to its competent authorities for the 
purpose of prosecution. Those authorities shall take their 
decision and conduct their proceedings in the same manner as in 
the case of any other offence of a grave nature under the 
domestic law of that State Party. The States Parties concerned 
shall cooperate with each other, in particular on procedural 
and evidentiary aspects, to ensure the efficiency of such 
prosecution.
    11. Whenever a State Party is permitted under its domestic 
law to extradite or otherwise surrender one of its nationals 
only upon the condition that the person will be returned to 
that State Party to serve the sentence imposed as a result of 
the trial or proceedings for which the extradition or surrender 
of the person was sought and that State Party and the State 
Party seeking the extradition of the person agree with this 
option and other terms that they may deem appropriate, such 
conditional extradition or surrender shall be sufficient to 
discharge the obligation set forth in paragraph 10 of this 
article.
    12. If extradition, sought for purposes of enforcing a 
sentence, is refused because the person sought is a national of 
the requested State Party, the requested Party shall, if its 
domestic law so permits and in conformity with the requirements 
of such law, upon application of the requesting Party, consider 
the enforcement of the sentence that has been imposed under the 
domestic law of the requesting Party or the remainder thereof.
    13. Any person regarding whom proceedings are being carried 
out in connection with any of the offences to which this 
article applies shall be guaranteed fair treatment at all 
stages of the proceedings, including enjoyment of all the 
rights and guarantees provided by the domestic law of the State 
Party in the territory of which that person is present.
    14. Nothing in this Convention shall be interpreted as 
imposing an obligation to extradite if the requested State 
Party has substantial grounds for believing that the request 
has been made for the purpose of prosecuting or punishing a 
person on account of that person's sex, race, religion, 
nationality, ethnic origin or political opinions or that 
compliance with the request would cause prejudice to that 
person's position for any one of these reasons.
    15. States Parties may not refuse a request for extradition 
on the sole ground that the offence is also considered to 
involve fiscal matters.
    16. Before refusing extradition, the requested State Party 
shall, where appropriate, consult with the requesting State 
Party to provide it with ample opportunity to present its 
opinions and to provide information relevant to its allegation.
    17. States Parties shall seek to conclude bilateral and 
multilateral agreements or arrangements to carry out or to 
enhance the effectiveness of extradition.

                               Article 17

                     Transfer of sentenced persons

    States Parties may consider entering into bilateral or 
multilateral agreements or arrangements on the transfer to 
their territory of persons sentenced to imprisonment or other 
forms of deprivation of liberty for offences covered by this 
Convention, in order that they may complete their sentences 
there.

                               Article 18

                        Mutual legal assistance

    1. States Parties shall afford one another the widest 
measure of mutual legal assistance in investigations, 
prosecutions and judicial proceedings in relation to the 
offences covered by this Convention as provided for in article 
3 and shall reciprocally extend to one another similar 
assistance where the requesting State Party has reasonable 
grounds to suspect that the offence referred to in article 3, 
paragraph 1 (a) or (b), is transnational in nature, including 
that victims, witnesses, proceeds, instrumentalities or 
evidence of such offences are located in the requested State 
Party and that the offence involves an organized criminal 
group.
    2. Mutual legal assistance shall be afforded to the fullest 
extent possible under relevant laws, treaties, agreements and 
arrangements of the requested State Party with respect to 
investigations, prosecutions and judicial proceedings in 
relation to the offences for which a legal person may be held 
liable in accordance with article 10 of this Convention in the 
requesting State Party.
    3. Mutual legal assistance to be afforded in accordance 
with this article may be requested for any of the following 
purposes:
          (a) Taking evidence or statements from persons;
          (b) Effecting service of judicial documents;
          (c) Executing searches and seizures, and freezing;
          (d) Examining objects and sites;
          (e) Providing information, evidentiary items and 
        expert evaluations;
          (f) Providing originals or certified copies of 
        relevant documents and records, including government, 
        bank, financial, corporate or business records;
          (g) Identifying or tracing proceeds of crime, 
        property, instrumentalities or other things for 
        evidentiary purposes;
          (h) Facilitating the voluntary appearance of persons 
        in the requesting State Party;
          (i) Any other type of assistance that is not contrary 
        to the domestic law of the requested State Party.
    4. Without prejudice to domestic law, the competent 
authorities of a State Party may, without prior request, 
transmit information relating to criminal matters to a 
competent authority in another State Party where they believe 
that such information could assist the authority in undertaking 
or successfully concluding inquiries and criminal proceedings 
or could result in a request formulated by the latter State 
Party pursuant to this Convention.
    5. The transmission of information pursuant to paragraph 4 
of this article shall be without prejudice to inquiries and 
criminal proceedings in the State of the competent authorities 
providing the information. The competent authorities receiving 
the information shall comply with a request that said 
information remain confidential, even temporarily, or with 
restrictions on its use. However, this shall not prevent the 
receiving State Party from disclosing in its proceedings 
information that is exculpatory to an accused person. In such a 
case, the receiving State Party shall notify the transmitting 
State Party prior to the disclosure and, if so requested, 
consult with the transmitting State Party. If, in an 
exceptional case, advance notice is not possible, the receiving 
State Party shall inform the transmitting State Party of the 
disclosure without delay.
    6. The provisions of this article shall not affect the 
obligations under any other treaty, bilateral or multilateral, 
that governs or will govern, in whole or in part, mutual legal 
assistance.
    7. Paragraphs 9 to 29 of this article shall apply to 
requests made pursuant to this article if the States Parties in 
question are not bound by a treaty of mutual legal assistance. 
If those States Parties are bound by such a treaty, the 
corresponding provisions of that treaty shall apply unless the 
States Parties agree to apply paragraphs 9 to 29 of this 
article in lieu thereof. States Parties are strongly encouraged 
to apply these paragraphs if they facilitate cooperation.
    8. States Parties shall not decline to render mutual legal 
assistance pursuant to this article on the ground of bank 
secrecy.
    9. States Parties may decline to render mutual legal 
assistance pursuant to this article on the ground of absence of 
dual criminality. However, the requested State Party may, when 
it deems appropriate, provide assistance, to the extent it 
decides at its discretion, irrespective of whether the conduct 
would constitute an offence under the domestic law of the 
requested State Party.
    10. A person who is being detained or is serving a sentence 
in the territory of one State Party whose presence in another 
State Party is requested for purposes of identification, 
testimony or otherwise providing assistance in obtaining 
evidence for investigations, prosecutions or judicial 
proceedings in relation to offences covered by this Convention 
may be transferred if the following conditions are met:
          (a) The person freely gives his or her informed 
        consent;
          (b) The competent authorities of both States Parties 
        agree, subject to such conditions as those States 
        Parties may deem appropriate.
    11. For the purposes of paragraph 10 of this article:
          (a) The State Party to which the person is 
        transferred shall have the authority and obligation to 
        keep the person transferred in custody, unless 
        otherwise requested or authorized by the State Party 
        from which the person was transferred;
          (b) The State Party to which the person is 
        transferred shall without delay implement its 
        obligation to return the person to the custody of the 
        State Party from which the person was transferred as 
        agreed beforehand, or as otherwise agreed, by the 
        competent authorities of both States Parties;
          (c) The State Party to which the person is 
        transferred shall not require the State Party from 
        which the person was transferred to initiate 
        extradition proceedings for the return of the person;
          (d) The person transferred shall receive credit for 
        service of the sentence being served in the State from 
        which he or she was transferred for time spent in the 
        custody of the State Party to which he or she was 
        transferred.
    12. Unless the State Party from which a person is to be 
transferred in accordance with paragraphs 10 and 11 of this 
article so agrees, that person, whatever his or her 
nationality, shall not be prosecuted, detained, punished or 
subjected to any other restriction of his or her personal 
liberty in the territory of the State to which that person is 
transferred in respect of acts, omissions or convictions prior 
to his or her departure from the territory of the State from 
which he or she was transferred.
    13. Each State Party shall designate a central authority 
that shall have the responsibility and power to receive 
requests for mutual legal assistance and either to execute them 
or to transmit them to the competent authorities for execution. 
Where a State Party has a special region or territory with a 
separate system of mutual legal assistance, it may designate a 
distinct central authority that shall have the same function 
for that region or territory. Central authorities shall ensure 
the speedy and proper execution or transmission of the requests 
received. Where the central authority transmits the request to 
a competent authority for execution, it shall encourage the 
speedy and proper execution of the request by the competent 
authority. The Secretary-General of the United Nations shall be 
notified of the central authority designated for this purpose 
at the time each State Party deposits its instrument of 
ratification, acceptance or approval of or accession to this 
Convention. Requests for mutual legal assistance and any 
communication related thereto shall be transmitted to the 
central authorities designated by the States Parties. This 
requirement shall be without prejudice to the right of a State 
Party to require that such requests and communications be 
addressed to it through diplomatic channels and, in urgent 
circumstances, where the States Parties agree, through the 
International Criminal Police Organization, if possible.
    14. Requests shall be made in writing or, where possible, 
by any means capable of producing a written record, in a 
language acceptable to the requested State Party, under 
conditions allowing that State Party to establish authenticity. 
The Secretary-General of the United Nations shall be notified 
of the language or languages acceptable to each State Party at 
the time it deposits its instrument of ratification, acceptance 
or approval of or accession to this Convention. In urgent 
circumstances and where agreed by the States Parties, requests 
may be made orally, but shall be confirmed in writing 
forthwith.
    15. A request for mutual legal assistance shall contain:
          (a) The identity of the authority making the request;
          (b) The subject matter and nature of the 
        investigation, prosecution or judicial proceeding to 
        which the request relates and the name and functions of 
        the authority conducting the investigation, prosecution 
        or judicial proceeding;
          (c) A summary of the relevant facts, except in 
        relation to requests for the purpose of service of 
        judicial documents;
          (d) A description of the assistance sought and 
        details of any particular procedure that the requesting 
        State Party wishes to be followed;
          (e) Where possible, the identity, location and 
        nationality of any person concerned; and
          (f) The purpose for which the evidence, information 
        or action is sought.
    16. The requested State Party may request additional 
information when it appears necessary for the execution of the 
request in accordance with its domestic law or when it can 
facilitate such execution.
    17. A request shall be executed in accordance with the 
domestic law of the requested State Party and, to the extent 
not contrary to the domestic law of the requested State Party 
and where possible, in accordance with the procedures specified 
in the request.
    18. Wherever possible and consistent with fundamental 
principles of domestic law, when an individual is in the 
territory of a State Party and has to be heard as a witness or 
expert by the judicial authorities of another State Party, the 
first State Party may, at the request of the other, permit the 
hearing to take place by video conference if it is not possible 
or desirable for the individual in question to appear in person 
in the territory of the requesting State Party. States Parties 
may agree that the hearing shall be conducted by a judicial 
authority of the requesting State Party and attended by a 
judicial authority of the requested State Party.
    19. The requesting State Party shall not transmit or use 
information or evidence furnished by the requested State Party 
for investigations, prosecutions or judicial proceedings other 
than those stated in the request without the prior consent of 
the requested State Party. Nothing in this paragraph shall 
prevent the requesting State Party from disclosing in its 
proceedings information or evidence that is exculpatory to an 
accused person. In the latter case, the requesting State Party 
shall notify the requested State Party prior to the disclosure 
and, if so requested, consult with the requested State Party. 
If, in an exceptional case, advance notice is not possible, the 
requesting State Party shall inform the requested State Party 
of the disclosure without delay.
    20. The requesting State Party may require that the 
requested State Party keep confidential the fact and substance 
of the request, except to the extent necessary to execute the 
request. If the requested State Party cannot comply with the 
requirement of confidentiality, it shall promptly inform the 
requesting State Party.
    21. Mutual legal assistance may be refused:
          (a) If the request is not made in conformity with the 
        provisions of this article;
          (b) If the requested State Party considers that 
        execution of the request is likely to prejudice its 
        sovereignty, security, public order or other essential 
        interests;
          (c) If the authorities of the requested State Party 
        would be prohibited by its domestic law from carrying 
        out the action requested with regard to any similar 
        offence, had it been subject to investigation, 
        prosecution or judicial proceedings under their own 
        jurisdiction;
          (d) If it would be contrary to the legal system of 
        the requested State Party relating to mutual legal 
        assistance for the request to be granted.
    22. States Parties may not refuse a request for mutual 
legal assistance on the sole ground that the offence is also 
considered to involve fiscal matters.
    23. Reasons shall be given for any refusal of mutual legal 
assistance.
    24. The requested State Party shall execute the request for 
mutual legal assistance as soon as possible and shall take as 
full account as possible of any deadlines suggested by the 
requesting State Party and for which reasons are given, 
preferably in the request. The requested State Party shall 
respond to reasonable requests by the requesting State Party on 
progress of its handling of the request. The requesting State 
Party shall promptly inform the requested State Party when the 
assistance sought is no longer required.
    25. Mutual legal assistance may be postponed by the 
requested State Party on the ground that it interferes with an 
ongoing investigation, prosecution or judicial proceeding.
    26. Before refusing a request pursuant to paragraph 21 of 
this article or postponing its execution pursuant to paragraph 
25 of this article, the requested State Party shall consult 
with the requesting State Party to consider whether assistance 
may be granted subject to such terms and conditions as it deems 
necessary. If the requesting State Party accepts assistance 
subject to those conditions, it shall comply with the 
conditions.
    27. Without prejudice to the application of paragraph 12 of 
this article, a witness, expert or other person who, at the 
request of the requesting State Party, consents to give 
evidence in a proceeding or to assist in an investigation, 
prosecution or judicial proceeding in the territory of the 
requesting State Party shall not be prosecuted, detained, 
punished or subjected to any other restriction of his or her 
personal liberty in that territory in respect of acts, 
omissions or convictions prior to his or her departure from the 
territory of the requested State Party. Such safe conduct shall 
cease when the witness, expert or other person having had, for 
a period of fifteen consecutive days or for any period agreed 
upon by the States Parties from the date on which he or she has 
been officially informed that his or her presence is no longer 
required by the judicial authorities, an opportunity of 
leaving, has nevertheless remained voluntarily in the territory 
of the requesting State Party or, having left it, has returned 
of his or her own free will.
    28. The ordinary costs of executing a request shall be 
borne by the requested State Party, unless otherwise agreed by 
the States Parties concerned. If expenses of a substantial or 
extraordinary nature are or will be required to fulfill the 
request, the States Parties shall consult to determine the 
terms and conditions under which the request will be executed, 
as well as the manner in which the costs shall be borne.
    29. The requested State Party:
          (a) Shall provide to the requesting State Party 
        copies of government records, documents or information 
        in its possession that under its domestic law are 
        available to the general public;
          (b) May, at its discretion, provide to the requesting 
        State Party in whole, in part or subject to such 
        conditions as it deems appropriate, copies of any 
        government records, documents or information in its 
        possession that under its domestic law are not 
        available to the general public.
    30. States Parties shall consider, as may be necessary, the 
possibility of concluding bilateral or multilateral agreements 
or arrangements that would serve the purposes of, give 
practical effect to or enhance the provisions of this article.

                               Article 19

                          Joint investigations

    States Parties shall consider concluding bilateral or 
multilateral agreements or arrangements whereby, in relation to 
matters that are the subject of investigations, prosecutions or 
judicial proceedings in one or more States, the competent 
authorities concerned may establish joint investigative bodies. 
In the absence of such agreements or arrangements, joint 
investigations may be undertaken by agreement on a case-by-case 
basis. The States Parties involved shall ensure that the 
sovereignty of the State Party in whose territory such 
investigation is to take place is fully respected.

                               Article 20

                    Special investigative techniques

    1. If permitted by the basic principles of its domestic 
legal system, each State Party shall, within its possibilities 
and under the conditions prescribed by its domestic law, take 
the necessary measures to allow for the appropriate use of 
controlled delivery and, where it deems appropriate, for the 
use of other special investigative techniques, such as 
electronic or other forms of surveillance and undercover 
operations, by its competent authorities in its territory for 
the purpose of effectively combating organized crime.
    2. For the purpose of investigating the offences covered by 
this Convention, States Parties are encouraged to conclude, 
when necessary, appropriate bilateral or multilateral 
agreements or arrangements for using such special investigative 
techniques in the context of cooperation at the international 
level. Such agreements or arrangements shall be concluded and 
implemented in full compliance with the principle of sovereign 
equality of States and shall be carried out strictly in 
accordance with the terms of those agreements or arrangements.
    3. In the absence of an agreement or arrangement as set 
forth in paragraph 2 of this article, decisions to use such 
special investigative techniques at the international level 
shall be made on a case-by-case basis and may, when necessary, 
take into consideration financial arrangements and 
understandings with respect to the exercise of jurisdiction by 
the States Parties concerned.
    4. Decisions to use controlled delivery at the 
international level may, with the consent of the States Parties 
concerned, include methods such as intercepting and allowing 
the goods to continue intact or be removed or replaced in whole 
or in part.

                               Article 21

                    Transfer of criminal proceedings

    States Parties shall consider the possibility of 
transferring to one another proceedings for the prosecution of 
an offence covered by this Convention in cases where such 
transfer is considered to be in the interests of the proper 
administration of justice, in particular in cases where several 
jurisdictions are involved, with a view to concentrating the 
prosecution.

                               Article 22

                    Establishment of criminal record

    Each State Party may adopt such legislative or other 
measures as may be necessary to take into consideration, under 
such terms as and for the purpose that it deems appropriate, 
any previous conviction in another State of an alleged offender 
for the purpose of using such information in criminal 
proceedings relating to an offence covered by this Convention.

                               Article 23

               Criminalization of obstruction of justice

    Each State Party shall adopt such legislative and other 
measures as may be necessary to establish as criminal offences, 
when committed intentionally:
          (a) The use of physical force, threats or 
        intimidation or the promise, offering or giving of an 
        undue advantage to induce false testimony or to 
        interfere in the giving of testimony or the production 
        of evidence in a proceeding in relation to the 
        commission of offences covered by this Convention;
          (b) The use of physical force, threats or 
        intimidation to interfere with the exercise of official 
        duties by a justice or law enforcement official in 
        relation to the commission of offences covered by this 
        Convention. Nothing in this subparagraph shall 
        prejudice the right of States Parties to have 
        legislation that protects other categories of public 
        officials.

                               Article 24

                        Protection of witnesses

    1. Each State Party shall take appropriate measures within 
its means to provide effective protection from potential 
retaliation or intimidation for witnesses in criminal 
proceedings who give testimony concerning offences covered by 
this Convention and, as appropriate, for their relatives and 
other persons close to them.
    2. The measures envisaged in paragraph 1 of this article 
may include, inter alia, without prejudice to the rights of the 
defendant, including the right to due process:
          (a) Establishing procedures for the physical 
        protection of such persons, such as, to the extent 
        necessary and feasible, relocating them and permitting, 
        where appropriate, non-disclosure or limitations on the 
        disclosure of information concerning the identity and 
        whereabouts of such persons;
          (b) Providing evidentiary rules to permit witness 
        testimony to be given in a manner that ensures the 
        safety of the witness, such as permitting testimony to 
        be given through the use of communications technology 
        such as video links or other adequate means.
    3. States Parties shall consider entering into agreements 
or arrangements with other States for the relocation of persons 
referred to in paragraph 1 of this article.
    4. The provisions of this article shall also apply to 
victims insofar as they are witnesses.

                               Article 25

                Assistance to and protection of victims

    1. Each State Party shall take appropriate measures within 
its means to provide assistance and protection to victims of 
offences covered by this Convention, in particular in cases of 
threat of retaliation or intimidation.
    2. Each State Party shall establish appropriate procedures 
to provide access to compensation and restitution for victims 
of offences covered by this Convention.
    3. Each State Party shall, subject to its domestic law, 
enable views and concerns of victims to be presented and 
considered at appropriate stages of criminal proceedings 
against offenders in a manner not prejudicial to the rights of 
the defence.

                               Article 26

    Measures to enhance cooperation with law enforcement authorities

    1. Each State Party shall take appropriate measures to 
encourage persons who participate or who have participated in 
organized criminal groups:
          (a) To supply information useful to competent 
        authorities for investigative and evidentiary purposes 
        on such matters as:
                  (i) The identity, nature, composition, 
                structure, location or activities of organized 
                criminal groups;
                  (ii) Links, including international links, 
                with other organized criminal groups;
                  (iii) Offences that organized criminal groups 
                have committed or may commit;
          (b) To provide factual, concrete help to competent 
        authorities that may contribute to depriving organized 
        criminal groups of their resources or of the proceeds 
        of crime.
    2. Each State Party shall consider providing for the 
possibility, in appropriate cases, of mitigating punishment of 
an accused person who provides substantial cooperation in the 
investigation or prosecution of an offence covered by this 
Convention.
    3. Each State Party shall consider providing for the 
possibility, in accordance with fundamental principles of its 
domestic law, of granting immunity from prosecution to a person 
who provides substantial cooperation in the investigation or 
prosecution of an offence covered by this Convention.
    4. Protection of such persons shall be as provided for in 
article 24 of this Convention.
    5. Where a person referred to in paragraph 1 of this 
article located in one State Party can provide substantial 
cooperation to the competent authorities of another State 
Party, the States Parties concerned may consider entering into 
agreements or arrangements, in accordance with their domestic 
law, concerning the potential provision by the other State 
Party of the treatment set forth in paragraphs 2 and 3 of this 
article.

                               Article 27

                      Law enforcement cooperation

    1. States Parties shall cooperate closely with one another, 
consistent with their respective domestic legal and 
administrative systems, to enhance the effectiveness of law 
enforcement action to combat the offences covered by this 
Convention. Each State Party shall, in particular, adopt 
effective measures:
          (a) To enhance and, where necessary, to establish 
        channels of communication between their competent 
        authorities, agencies and services in order to 
        facilitate the secure and rapid exchange of information 
        concerning all aspects of the offences covered by this 
        Convention, including, if the States Parties concerned 
        deem it appropriate, links with other criminal 
        activities;
          (b) To cooperate with other States Parties in 
        conducting inquiries with respect to offences covered 
        by this Convention concerning:
                  (i) The identity, whereabouts and activities 
                of persons suspected of involvement in such 
                offences or the location of other persons 
                concerned;
                  (ii) The movement of proceeds of crime or 
                property derived from the commission of such 
                offences;
                  (iii) The movement of property, equipment or 
                other instrumentalities used or intended for 
                use in the commission of such offences;
          (c) To provide, when appropriate, necessary items or 
        quantities of substances for analytical or 
        investigative purposes;
          (d) To facilitate effective coordination between 
        their competent authorities, agencies and services and 
        to promote the exchange of personnel and other experts, 
        including, subject to bilateral agreements or 
        arrangements between the States Parties concerned, the 
        posting of liaison officers;
          (e) To exchange information with other States Parties 
        on specific means and methods used by organized 
        criminal groups, including, where applicable, routes 
        and conveyances and the use of false identities, 
        altered or false documents or other means of concealing 
        their activities;
          (f) To exchange information and coordinate 
        administrative and other measures taken as appropriate 
        for the purpose of early identification of the offences 
        covered by this Convention.
    2. With a view to giving effect to this Convention, States 
Parties shall consider entering into bilateral or multilateral 
agreements or arrangements on direct cooperation between their 
law enforcement agencies and, where such agreements or 
arrangements already exist, amending them. In the absence of 
such agreements or arrangements between the States Parties 
concerned, the Parties may consider this Convention as the 
basis for mutual law enforcement cooperation in respect of the 
offences covered by this Convention. Whenever appropriate, 
States Parties shall make full use of agreements or 
arrangements, including international or regional 
organizations, to enhance the cooperation between their law 
enforcement agencies.
    3. States Parties shall endeavour to cooperate within their 
means to respond to transnational organized crime committed 
through the use of modern technology.

                               Article 28

   Collection, exchange and analysis of information on the nature of 
                            organized crime

    1. Each State Party shall consider analysing, in 
consultation with the scientific and academic communities, 
trends in organized crime in its territory, the circumstances 
in which organized crime operates, as well as the professional 
groups and technologies involved.
    2. States Parties shall consider developing and sharing 
analytical expertise concerning organized criminal activities 
with each other and through international and regional 
organizations. For that purpose, common definitions, standards 
and methodologies should be developed and applied as 
appropriate.
    3. Each State Party shall consider monitoring its policies 
and actual measures to combat organized crime and making 
assessments of their effectiveness and efficiency.

                               Article 29

                   Training and technical assistance

    1. Each State Party shall, to the extent necessary, 
initiate, develop or improve specific training programmes for 
its law enforcement personnel, including prosecutors, 
investigating magistrates and customs personnel, and other 
personnel charged with the prevention, detection and control of 
the offences covered by this Convention. Such programmes may 
include secondments and exchanges of staff. Such programmes 
shall deal, in particular and to the extent permitted by 
domestic law, with the following:
          (a) Methods used in the prevention, detection and 
        control of the offences covered by this Convention;
          (b) Routes and techniques used by persons suspected 
        of involvement in offences covered by this Convention, 
        including in transit States, and appropriate 
        countermeasures;
          (c) Monitoring of the movement of contraband;
          (d) Detection and monitoring of the movements of 
        proceeds of crime, property, equipment or other 
        instrumentalities and methods used for the transfer, 
        concealment or disguise of such proceeds, property, 
        equipment or other instrumentalities, as well as 
        methods used in combating money-laundering and other 
        financial crimes;
          (e) Collection of evidence;
          (f) Control techniques in free trade zones and free 
        ports;
          (g) Modern law enforcement equipment and techniques, 
        including electronic surveillance, controlled 
        deliveries and undercover operations;
          (h) Methods used in combating transnational organized 
        crime committed through the use of computers, 
        telecommunications networks or other forms of modern 
        technology; and
          (i) Methods used in the protection of victims and 
        witnesses.
    2. States Parties shall assist one another in planning and 
implementing research and training programmes designed to share 
expertise in the areas referred to in paragraph 1 of this 
article and to that end shall also, when appropriate, use 
regional and international conferences and seminars to promote 
cooperation and to stimulate discussion on problems of mutual 
concern, including the special problems and needs of transit 
States.
    3. States Parties shall promote training and technical 
assistance that will facilitate extradition and mutual legal 
assistance. Such training and technical assistance may include 
language training, secondments and exchanges between personnel 
in central authorities or agencies with relevant 
responsibilities.
    4. In the case of existing bilateral and multilateral 
agreements or arrangements, States Parties shall strengthen, to 
the extent necessary, efforts to maximize operational and 
training activities within international and regional 
organizations and within other relevant bilateral and 
multilateral agreements or arrangements.

                               Article 30

   Other measures: implementation of the Convention through economic 
                  development and technical assistance

    1. States Parties shall take measures conducive to the 
optimal implementation of this Convention to the extent 
possible, through international cooperation, taking into 
account the negative effects of organized crime on society in 
general, in particular on sustainable development.
    2. States Parties shall make concrete efforts to the extent 
possible and in coordination with each other, as well as with 
international and regional organizations:
           (a) To enhance their cooperation at various levels 
        with developing countries, with a view to strengthening 
        the capacity of the latter to prevent and combat 
        transnational organized crime;
          (b) To enhance financial and material assistance to 
        support the efforts of developing countries to fight 
        transnational organized crime effectively and to help 
        them implement this Convention successfully;
          (c) To provide technical assistance to developing 
        countries and countries with economies in transition to 
        assist them in meeting their needs for the 
        implementation of this Convention. To that end, States 
        Parties shall endeavour to make adequate and regular 
        voluntary contributions to an account specifically 
        designated for that purpose in a United Nations funding 
        mechanism. States Parties may also give special 
        consideration, in accordance with their domestic law 
        and the provisions of this Convention, to contributing 
        to the aforementioned account a percentage of the money 
        or of the corresponding value of proceeds of crime or 
        property confiscated in accordance with the provisions 
        of this Convention;
          (d) To encourage and persuade other States and 
        financial institutions as appropriate to join them in 
        efforts in accordance with this article, in particular 
        by providing more training programmes and modern 
        equipment to developing countries in order to assist 
        them in achieving the objectives of this Convention.
    3. To the extent possible, these measures shall be without 
prejudice to existing foreign assistance commitments or to 
other financial cooperation arrangements at the bilateral, 
regional or international level.
    4. States Parties may conclude bilateral or multilateral 
agreements or arrangements on material and logistical 
assistance, taking into consideration the financial 
arrangements necessary for the means of international 
cooperation provided for by this Convention to be effective and 
for the prevention, detection and control of transnational 
organized crime.

                               Article 31

                               Prevention

    1. States Parties shall endeavour to develop and evaluate 
national projects and to establish and promote best practices 
and policies aimed at the prevention of transnational organized 
crime.
    2. States Parties shall endeavour, in accordance with 
fundamental principles of their domestic law, to reduce 
existing or future opportunities for organized criminal groups 
to participate in lawful markets with proceeds of crime, 
through appropriate legislative, administrative or other 
measures. These measures should focus on:
          (a) The strengthening of cooperation between law 
        enforcement agencies or prosecutors and relevant 
        private entities, including industry;
          (b) The promotion of the development of standards and 
        procedures designed to safeguard the integrity of 
        public and relevant private entities, as well as codes 
        of conduct for relevant professions, in particular 
        lawyers, notaries public, tax consultants and 
        accountants;
          (c) The prevention of the misuse by organized 
        criminal groups of tender procedures conducted by 
        public authorities and of subsidies and licences 
        granted by public authorities for commercial activity;
          (d) The prevention of the misuse of legal persons by 
        organized criminal groups; such measures could include:
                  (i) The establishment of public records on 
                legal and natural persons involved in the 
                establishment, management and funding of legal 
                persons;
                  (ii) The introduction of the possibility of 
                disqualifying by court order or any appropriate 
                means for a reasonable period of time persons 
                convicted of offences covered by this 
                Convention from acting as directors of legal 
                persons incorporated within their jurisdiction;
                  (iii) The establishment of national records 
                of persons disqualified from acting as 
                directors of legal persons; and
                  (iv) The exchange of information contained in 
                the records referred to in subparagraphs (d) 
                (i) and (iii) of this paragraph with the 
                competent authorities of other States Parties.
    3. States Parties shall endeavour to promote the 
reintegration into society of persons convicted of offences 
covered by this Convention.
    4. States Parties shall endeavour to evaluate periodically 
existing relevant legal instruments and administrative 
practices with a view to detecting their vulnerability to 
misuse by organized criminal groups.
    5. States Parties shall endeavour to promote public 
awareness regarding the existence, causes and gravity of and 
the threat posed by transnational organized crime. Information 
may be disseminated where appropriate through the mass media 
and shall include measures to promote public participation in 
preventing and combating such crime.
    6. Each State Party shall inform the Secretary-General of 
the United Nations of the name and address of the authority or 
authorities that can assist other States Parties in developing 
measures to prevent transnational organized crime.
    7. States Parties shall, as appropriate, collaborate with 
each other and relevant international and regional 
organizations in promoting and developing the measures referred 
to in this article. This includes participation in 
international projects aimed at the prevention of transnational 
organized crime, for example by alleviating the circumstances 
that render socially marginalized groups vulnerable to the 
action of transnational organized crime.

                               Article 32

              Conference of the Parties to the Convention

    1. A Conference of the Parties to the Convention is hereby 
established to improve the capacity of States Parties to combat 
transnational organized crime and to promote and review the 
implementation of this Convention.
    2. The Secretary-General of the United Nations shall 
convene the Conference of the Parties not later than one year 
following the entry into force of this Convention. The 
Conference of the Parties shall adopt rules of procedure and 
rules governing the activities set forth in paragraphs 3 and 4 
of this article (including rules concerning payment of expenses 
incurred in carrying out those activities).
    3. The Conference of the Parties shall agree upon 
mechanisms for achieving the objectives mentioned in paragraph 
1 of this article, including:
          (a) Facilitating activities by States Parties under 
        articles 29, 30 and 31 of this Convention, including by 
        encouraging the mobilization of voluntary 
        contributions;
          (b) Facilitating the exchange of information among 
        States Parties on patterns and trends in transnational 
        organized crime and on successful practices for 
        combating it;
          (c) Cooperating with relevant international and 
        regional organizations and non-governmental 
        organizations;
          (d) Reviewing periodically the implementation of this 
        Convention;
          (e) Making recommendations to improve this Convention 
        and its implementation.
    4. For the purpose of paragraphs 3 (d) and (e) of this 
article, the Conference of the Parties shall acquire the 
necessary knowledge of the measures taken by States Parties in 
implementing this Convention and the difficulties encountered 
by them in doing so through information provided by them and 
through such supplemental review mechanisms as may be 
established by the Conference of the Parties.
    5. Each State Party shall provide the Conference of the 
Parties with information on its programmes, plans and 
practices, as well as legislative and administrative measures 
to implement this Convention, as required by the Conference of 
the Parties.

                               Article 33

                              Secretariat

    1. The Secretary-General of the United Nations shall 
provide the necessary secretariat services to the Conference of 
the Parties to the Convention.
    2. The secretariat shall:
          (a) Assist the Conference of the Parties in carrying 
        out the activities set forth in article 32 of this 
        Convention and make arrangements and provide the 
        necessary services for the sessions of the Conference 
        of the Parties;
          (b) Upon request, assist States Parties in providing 
        information to the Conference of the Parties as 
        envisaged in article 32, paragraph 5, of this 
        Convention; and
          (c) Ensure the necessary coordination with the 
        secretariats of relevant international and regional 
        organizations.

                               Article 34

                    Implementation of the Convention

    1. Each State Party shall take the necessary measures, 
including legislative and administrative measures, in 
accordance with fundamental principles of its domestic law, to 
ensure the implementation of its obligations under this 
Convention.
    2. The offences established in accordance with articles 5, 
6, 8 and 23 of this Convention shall be established in the 
domestic law of each State Party independently of the 
transnational nature or the involvement of an organized 
criminal group as described in article 3, paragraph 1, of this 
Convention, except to the extent that article 5 of this 
Convention would require the involvement of an organized 
criminal group.
    3. Each State Party may adopt more strict or severe 
measures than those provided for by this Convention for 
preventing and combating transnational organized crime.

                               Article 35

                         Settlement of disputes

    l. States Parties shall endeavour to settle disputes 
concerning the interpretation or application of this Convention 
through negotiation.
    2. Any dispute between two or more States Parties 
concerning the interpretation or application of this Convention 
that cannot be settled through negotiation within a reasonable 
time shall, at the request of one of those States Parties, be 
submitted to arbitration. If, six months after the date of the 
request for arbitration, those States Parties are unable to 
agree on the organization of the arbitration, any one of those 
States Parties may refer the dispute to the International Court 
of Justice by request in accordance with the Statute of the 
Court.
    3. Each State Party may, at the time of signature, 
ratification, acceptance or approval of or accession to this 
Convention, declare that it does not consider itself bound by 
paragraph 2 of this article. The other States Parties shall not 
be bound by paragraph 2 of this article with respect to any 
State Party that has made such a reservation.
    4. Any State Party that has made a reservation in 
accordance with paragraph 3 of this article may at any time 
withdraw that reservation by notification to the Secretary-
General of the United Nations.

                               Article 36

      Signature, ratification, acceptance, approval and accession

    1. This Convention shall be open to all States for 
signature from 12 to 15 December 2000 in Palermo, Italy, and 
thereafter at United Nations Headquarters in New York until 12 
December 2002.
    2. This Convention shall also be open for signature by 
regional economic integration organizations provided that at 
least one member State of such organization has signed this 
Convention in accordance with paragraph 1 of this article.
    3. This Convention is subject to ratification, acceptance 
or approval. Instruments of ratification, acceptance or 
approval shall be deposited with the Secretary-General of the 
United Nations. A regional economic integration organization 
may deposit its instrument of ratification, acceptance or 
approval if at least one of its member States has done 
likewise. In that instrument of ratification, acceptance or 
approval, such organization shall declare the extent of its 
competence with respect to the matters governed by this 
Convention. Such organization shall also inform the depositary 
of any relevant modification in the extent of its competence.
    4. This Convention is open for accession by any State or 
any regional economic integration organization of which at 
least one member State is a Party to this Convention. 
Instruments of accession shall be deposited with the Secretary-
General of the United Nations. At the time of its accession, a 
regional economic integration organization shall declare the 
extent of its competence with respect to matters governed by 
this Convention. Such organization shall also inform the 
depositary of any relevant modification in the extent of its 
competence.

                               Article 37

                        Relation with protocols

    1. This Convention may be supplemented by one or more 
protocols.
    2. In order to become a Party to a protocol, a State or a 
regional economic integration organization must also be a Party 
to this Convention.
    3. A State Party to this Convention is not bound by a 
protocol unless it becomes a Party to the protocol in 
accordance with the provisions thereof.
    4. Any protocol to this Convention shall be interpreted 
together with this Convention, taking into account the purpose 
of that protocol.

                               Article 38

                            Entry into force

    1. This Convention shall enter into force on the ninetieth 
day after the date of deposit of the fortieth instrument of 
ratification, acceptance, approval or accession. For the 
purpose of this paragraph, any instrument deposited by a 
regional economic integration organization shall not be counted 
as additional to those deposited by member States of such 
organization.
    2. For each State or regional economic integration 
organization ratifying, accepting, approving or acceding to 
this Convention after the deposit of the fortieth instrument of 
such action, this Convention shall enter into force on the 
thirtieth day after the date of deposit by such State or 
organization of the relevant instrument.

                               Article 39

                               Amendment

    1. After the expiry of five years from the entry into force 
of this Convention, a State Party may propose an amendment and 
file it with the Secretary-General of the United Nations, who 
shall thereupon communicate the proposed amendment to the 
States Parties and to the Conference of the Parties to the 
Convention for the purpose of considering and deciding on the 
proposal. The Conference of the Parties shall make every effort 
to achieve consensus on each amendment. If all efforts at 
consensus have been exhausted and no agreement has been 
reached, the amendment shall, as a last resort, require for its 
adoption a two-thirds majority vote of the States Parties 
present and voting at the meeting of the Conference of the 
Parties.
    2. Regional economic integration organizations, in matters 
within their competence, shall exercise their right to vote 
under this article with a number of votes equal to the number 
of their member States that are Parties to this Convention. 
Such organizations shall not exercise their right to vote if 
their member States exercise theirs and vice versa.
    3. An amendment adopted in accordance with paragraph 1 of 
this article is subject to ratification, acceptance or approval 
by States Parties.
    4. An amendment adopted in accordance with paragraph 1 of 
this article shall enter into force in respect of a State Party 
ninety days after the date of the deposit with the Secretary-
General of the United Nations of an instrument of ratification, 
acceptance or approval of such amendment.
    5. When an amendment enters into force, it shall be binding 
on those States Parties which have expressed their consent to 
be bound by it. Other States Parties shall still be bound by 
the provisions of this Convention and any earlier amendments 
that they have ratified, accepted or approved.

                               Article 40

                              Denunciation

    1. A State Party may denounce this Convention by written 
notification to the Secretary-General of the United Nations. 
Such denunciation shall become effective one year after the 
date of receipt of the notification by the Secretary-General.
    2. A regional economic integration organization shall cease 
to be a Party to this Convention when all of its member States 
have denounced it.
    3. Denunciation of this Convention in accordance with 
paragraph 1 of this article shall entail the denunciation of 
any protocols thereto.

                               Article 41

                        Depositary and languages

    1. The Secretary-General of the United Nations is 
designated depositary of this Convention.
    2. The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations.

    In witness whereof, the undersigned plenipotentiaries, 
being duly authorized thereto by their respective Governments, 
have signed this Convention.
   7. Convention on Combating Bribery of Foreign Public Officials in 
                International Business Transactions \1\

  Adopted at Paris, November 21, 1997; Signed on behalf of the United 
States, December 17, 1997; Ratification advised by the Senate, July 31, 
              1998; Entered into force, February 15, 1999

                                Preamble

    The Parties,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Considering that bribery is a widespread phenomenon in 
international business transactions, including trade and 
investment, which raises serious moral and political concerns, 
undermines good governance and economic development, and 
---------------------------------------------------------------------------
distorts international competitive conditions;

    Considering that all countries share a responsibility to 
combat bribery in international business transactions;

    Having regard to the Revised Recommendation on Combating 
Bribery in International Business Transactions, adopted by the 
Council of the Organisation for Economic Co-operation and 
Development (OECD) on 23 May 1997, C(97)123/FINAL, which, inter 
alia, called for effective measures to deter, prevent and 
combat the bribery of foreign public officials in connection 
with international business transactions, in particular the 
prompt criminalisation of such bribery in an effective and co-
ordinated manner and in conformity with the agreed common 
elements set out in that Recommendation and with the 
jurisdictional and other basic legal principles of each 
country;

    Welcoming other recent developments which further advance 
international understanding and co-operation in combating 
bribery of public officials, including actions of the United 
Nations, the World Bank, the International Monetary Fund, the 
World Trade Organisation, the Organisation of American States, 
the Council of Europe and the European Union;

    Welcoming the efforts of companies, business organisations 
and trade unions as well as other non-governmental 
organisations to combat bribery;

    Recognising the role of governments in the prevention of 
solicitation of bribes from individuals and enterprises in 
international business transactions;

    Recognising that achieving progress in this field requires 
not only efforts on a national level but also multilateral co-
operation, monitoring and follow-up; Recognising that achieving 
equivalence among the measures to be taken by the Parties is an 
essential object and purpose of the Convention, which requires 
that the Convention be ratified without derogations affecting 
this equivalence;

    Have agreed as follows:

                               Article 1

           The Offence of Bribery of Foreign Public Officials

    1. Each Party shall take such measures as may be necessary 
to establish that it is a criminal offence under its law for 
any person intentionally to offer, promise or give any undue 
pecuniary or other advantage, whether directly or through 
intermediaries, to a foreign public official, for that official 
or for a third party, in order that the official act or refrain 
from acting in relation to the performance of official duties, 
in order to obtain or retain business or other improper 
advantage in the conduct of international business.
    2. Each Party shall take any measures necessary to 
establish that complicity in, including incitement, aiding and 
abetting, or authorisation of an act of bribery of a foreign 
public official shall be a criminal offence. Attempt and 
conspiracy to bribe a foreign public official shall be criminal 
offences to the same extent as attempt and conspiracy to bribe 
a public official of that Party.
    3. The offences set out in paragraphs 1 and 2 above are 
hereinafter referred to as ``bribery of a foreign public 
official''.
    4. For the purpose of this Convention:
          a. ``foreign public official'' means any person 
        holding a legislative, administrative or judicial 
        office of a foreign country, whether appointed or 
        elected; any person exercising a public function for a 
        foreign country, including for a public agency or 
        public enterprise; and any official or agent of a 
        public international organisation;
          b. ``foreign country'' includes all levels and 
        subdivisions of government, from national to local;
          c. ``act or refrain from acting in relation to the 
        performance of official duties'' includes any use of 
        the public official's position, whether or not within 
        the official's authorised competence.

                               Article 2

                    Responsibility of Legal Persons

    Each Party shall take such measures as may be necessary, in 
accordance with its legal principles, to establish the 
liability of legal persons for the bribery of a foreign public 
official.

                               Article 3

                               Sanctions

    1. The bribery of a foreign public official shall be 
punishable by effective, proportionate and dissuasive criminal 
penalties. The range of penalties shall be comparable to that 
applicable to the bribery of the Party's own public officials 
and shall, in the case of natural persons, include deprivation 
of liberty sufficient to enable effective mutual legal 
assistance and extradition.
    2. In the event that, under the legal system of a Party, 
criminal responsibility is not applicable to legal persons, 
that Party shall ensure that legal persons shall be subject to 
effective, proportionate and dissuasive non-criminal sanctions, 
including monetary sanctions, for bribery of foreign public 
officials.
    3. Each Party shall take such measures as may be necessary 
to provide that the bribe and the proceeds of the bribery of a 
foreign public official, or property the value of which 
corresponds to that of such proceeds, are subject to seizure 
and confiscation or that monetary sanctions of comparable 
effect are applicable.
    4. Each Party shall consider the imposition of additional 
civil or administrative sanctions upon a person subject to 
sanctions for the bribery of a foreign public official.

                               Article 4

                              Jurisdiction

    1. Each Party shall take such measures as may be necessary 
to establish its jurisdiction over the bribery of a foreign 
public official when the offence is committed in whole or in 
part in its territory.
    2. Each Party which has jurisdiction to prosecute its 
nationals for offences committed abroad shall take such 
measures as may be necessary to establish its jurisdiction to 
do so in respect of the bribery of a foreign public official, 
according to the same principles.
    3. When more than one Party has jurisdiction over an 
alleged offence described in this Convention, the Parties 
involved shall, at the request of one of them, consult with a 
view to determining the most appropriate jurisdiction for 
prosecution.
    4. Each Party shall review whether its current basis for 
jurisdiction is effective in the fight against the bribery of 
foreign public officials and, if it is not, shall take remedial 
steps.

                               Article 5

                              Enforcement

    Investigation and prosecution of the bribery of a foreign 
public official shall be subject to the applicable rules and 
principles of each Party. They shall not be influenced by 
considerations of national economic interest, the potential 
effect upon relations with another State or the identity of the 
natural or legal persons involved.

                               Article 6

                         Statute of Limitations

    Any statute of limitations applicable to the offence of 
bribery of a foreign public official shall allow an adequate 
period of time for the investigation and prosecution of this 
offence.

                               Article 7

                            Money Laundering

    Each Party which has made bribery of its own public 
official a predicate offence for the purpose of the application 
of its money laundering legislation shall do so on the same 
terms for the bribery of a foreign public official, without 
regard to the place where the bribery occurred.

                               Article 8

                               Accounting

    1. In order to combat bribery of foreign public officials 
effectively, each Party shall take such measures as may be 
necessary, within the framework of its laws and regulations 
regarding the maintenance of books and records, financial 
statement disclosures, and accounting and auditing standards, 
to prohibit the establishment of off-the-books accounts, the 
making of off-the-books or inadequately identified 
transactions, the recording of non-existent expenditures, the 
entry of liabilities with incorrect identification of their 
object, as well as the use of false documents, by companies 
subject to those laws and regulations, for the purpose of 
bribing foreign public officials or of hiding such bribery.
    2. Each Party shall provide effective, proportionate and 
dissuasive civil, administrative or criminal penalties for such 
omissions and falsifications in respect of the books, records, 
accounts and financial statements of such companies.

                               Article 9

                        Mutual Legal Assistance

    1. Each Party shall, to the fullest extent possible under 
its laws and relevant treaties and arrangements, provide prompt 
and effective legal assistance to another Party for the purpose 
of criminal investigations and proceedings brought by a Party 
concerning offences within the scope of this Convention and for 
non-criminal proceedings within the scope of this Convention 
brought by a Party against a legal person. The requested Party 
shall inform the requesting Party, without delay, of any 
additional information or documents needed to support the 
request for assistance and, where requested, of the status and 
outcome of the request for assistance.
    2. Where a Party makes mutual legal assistance conditional 
upon the existence of dual criminality, dual criminality shall 
be deemed to exist if the offence for which the assistance is 
sought is within the scope of this Convention.
    3. A Party shall not decline to render mutual legal 
assistance for criminal matters within the scope of this 
Convention on the ground of bank secrecy.

                               Article 10

                              Extradition

    1. Bribery of a foreign public official shall be deemed to 
be included as an extraditable offence under the laws of the 
Parties and the extradition treaties between them.
    2. If a Party which makes extradition conditional on the 
existence of an extradition treaty receives a request for 
extradition from another Party with which it has no extradition 
treaty, it may consider this Convention to be the legal basis 
for extradition in respect of the offence of bribery of a 
foreign public official.
    3. Each Party shall take any measures necessary to assure 
either that it can extradite its nationals or that it can 
prosecute its nationals for the offence of bribery of a foreign 
public official. A Party which declines a request to extradite 
a person for bribery of a foreign public official solely on the 
ground that the person is its national shall submit the case to 
its competent authorities for the purpose of prosecution.
    4. Extradition for bribery of a foreign public official is 
subject to the conditions set out in the domestic law and 
applicable treaties and arrangements of each Party. Where a 
Party makes extradition conditional upon the existence of dual 
criminality, that condition shall be deemed to be fulfilled if 
the offence for which extradition is sought is within the scope 
of Article 1 of this Convention.

                               Article 11

                        Responsible Authorities

    For the purposes of Article 4, paragraph 3, on 
consultation, Article 9, on mutual legal assistance and Article 
10, on extradition, each Party shall notify to the Secretary-
General of the OECD an authority or authorities responsible for 
making and receiving requests, which shall serve as channel of 
communication for these matters for that Party, without 
prejudice to other arrangements between Parties.

                               Article 12

                        Monitoring and Follow-up

    The Parties shall co-operate in carrying out a programme of 
systematic follow-up to monitor and promote the full 
implementation of this Convention. Unless otherwise decided by 
consensus of the Parties, this shall be done in the framework 
of the OECD Working Group on Bribery in International Business 
Transactions and according to its terms of reference, or within 
the framework and terms of reference of any successor to its 
functions, and Parties shall bear the costs of the programme in 
accordance with the rules applicable to that body.

                               Article 13

                        Signature and Accession

    1. Until its entry into force, this Convention shall be 
open for signature by OECD members and by non-members which 
have been invited to become full participants in its Working 
Group on Bribery in International Business Transactions.
    2. Subsequent to its entry into force, this Convention 
shall be open to accession by any non-signatory which is a 
member of the OECD or has become a full participant in the 
Working Group on Bribery in International Business Transactions 
or any successor to its functions. For each such non-signatory, 
the Convention shall enter into force on the sixtieth day 
following the date of deposit of its instrument of accession.

                               Article 14

                      Ratification and Depositary

    1. This Convention is subject to acceptance, approval or 
ratification by the Signatories, in accordance with their 
respective laws.
    2. Instruments of acceptance, approval, ratification or 
accession shall be deposited with the Secretary-General of the 
OECD, who shall serve as Depositary of this Convention.

                               Article 15

                            Entry into Force

    1. This Convention shall enter into force on the sixtieth 
day following the date upon which five of the ten countries 
which have the ten largest export shares (see annex), and which 
represent by themselves at least sixty per cent of the combined 
total exports of those ten countries, have deposited their 
instruments of acceptance, approval, or ratification. For each 
signatory depositing its instrument after such entry into 
force, the Convention shall enter into force on the sixtieth 
day after deposit of its instrument.
    2. If, after 31 December 1998, the Convention has not 
entered into force under paragraph 1 above, any signatory which 
has deposited its instrument of acceptance, approval or 
ratification may declare in writing to the Depositary its 
readiness to accept entry into force of this Convention under 
this paragraph 2. The Convention shall enter into force for 
such a signatory on the sixtieth day following the date upon 
which such declarations have been deposited by at least two 
signatories. For each signatory depositing its declaration 
after such entry into force, the Convention shall enter into 
force on the sixtieth day following the date of deposit.

                               Article 16

                               Amendment

    Any Party may propose the amendment of this Convention. A 
proposed amendment shall be submitted to the Depositary which 
shall communicate it to the other Parties at least sixty days 
before convening a meeting of the Parties to consider the 
proposed amendment. An amendment adopted by consensus of the 
Parties, or by such other means as the Parties may determine by 
consensus, shall enter into force sixty days after the deposit 
of an instrument of ratification, acceptance or approval by all 
of the Parties, or in such other circumstances as may be 
specified by the Parties at the time of adoption of the 
amendment.

                               Article 17

                               Withdrawal

    A Party may withdraw from this Convention by submitting 
written notification to the Depositary. Such withdrawal shall 
be effective one year after the date of the receipt of the 
notification. After withdrawal, co-operation shall continue 
between the Parties and the Party which has withdrawn on all 
requests for assistance or extradition made before the 
effective date of withdrawal which remain pending.
          8. Inter-American Convention Against Corruption \1\

Adopted at Caracas, Venezuela, March 29, 1996; Signed on behalf of the 
 United States, June 27, 1996; Entered into force generally, March 6, 
 1997; Ratification advised by the Senate, July 27, 2000; Entered into 
             force for the United States, October 29, 2000

                                Preamble

    The Member States of the Organization of American States,
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force.

    Convinced that corruption undermines the legitimacy of 
public institutions and strikes at society, moral order and 
justice, as well as at the comprehensive development of 
---------------------------------------------------------------------------
peoples;

    Considering that representative democracy, an essential 
condition for stability, peace and development of the region, 
requires, by its nature, the combating of every form of 
corruption in the performance of public functions, as well as 
acts of corruption specifically related to such performance;

    Persuaded that fighting corruption strengthens democratic 
institutions and prevents distortions in the economy, 
improprieties in public administration and damage to a 
society's moral fiber;

    Recognizing that corruption is often a tool used by 
organized crime for the accomplishment of its purposes;

    Convinced of the importance of making people in the 
countries of the region aware of this problem and its gravity, 
and of the need to strengthen participation by civil society in 
preventing and fighting corruption;

    Recognizing that, in some cases, corruption has 
international dimensions, which requires coordinated action by 
States to fight it effectively;

    Convinced of the need for prompt adoption of an 
international instrument to promote and facilitate 
international cooperation in fighting corruption and, 
especially, in taking appropriate action against persons who 
commit acts of corruption in the performance of public 
functions, or acts specifically related to such performance, as 
well as appropriate measures with respect to the proceeds of 
such acts;

    Deeply concerned by the steadily increasing links between 
corruption and the proceeds generated by illicit narcotics 
trafficking which undermine and threaten legitimate commercial 
and financial activities, and society, at all levels;

    Bearing in mind the responsibility of States to hold 
corrupt persons accountable in order to combat corruption and 
to cooperate with one another for their efforts in this area to 
be effective; and

    Determined to make every effort to prevent, detect, punish 
and eradicate corruption in the performance of public functions 
and acts of corruption specifically related to such 
performance,

    Have agreed to adopt the following

              Inter-American Convention Against Corruption

                               Article I

                              Definitions

    For the purposes of this Convention:
    ``Public function'' means any temporary or permanent, paid 
or honorary activity, performed by a natural person in the name 
of the State or in the service of the State or its 
institutions, at any level of its hierarchy.
    ``Public official'', ``government official'', or ``public 
servant'' means any official or employee of the State or its 
agencies, including those who have been selected, appointed, or 
elected to perform activities or functions in the name of the 
State or in the service of the State, at any level of its 
hierarchy.
    ``Property'' means assets of any kind, whether movable or 
immovable, tangible or intangible, and any document or legal 
instrument demonstrating, purporting to demonstrate, or 
relating to ownership or other rights pertaining to such 
assets.

                               Article II

                                Purposes

    The purposes of this Convention are:
    1. To promote and strengthen the development by each of the 
States Parties of the mechanisms needed to prevent, detect, 
punish and eradicate corruption; and
    2. To promote, facilitate and regulate cooperation among 
the States Parties to ensure the effectiveness of measures and 
actions to prevent, detect, punish and eradicate corruption in 
the performance of public functions and acts of corruption 
specifically related to such performance.

                              Article III

                          Preventive Measures

    For the purposes set forth in Article II of this 
Convention, the States Parties agree to consider the 
applicability of measures within their own institutional 
systems to create, maintain and strengthen:
    1. Standards of conduct for the correct, honorable, and 
proper fulfillment of public functions. These standards shall 
be intended to prevent conflicts of interest and mandate the 
proper conservation and use of resources entrusted to 
government officials in the performance of their functions. 
These standards shall also establish measures and systems 
requiring government officials to report to appropriate 
authorities acts of corruption in the performance of public 
functions. Such measures should help preserve the public's 
confidence in the integrity of public servants and government 
processes.
    2. Mechanisms to enforce these standards of conduct.
    3. Instruction to government personnel to ensure proper 
understanding of their responsibilities and the ethical rules 
governing their activities.
    4. Systems for registering the income, assets and 
liabilities of persons who perform public functions in certain 
posts as specified by law and, where appropriate, for making 
such registrations public.
    5. Systems of government hiring and procurement of goods 
and services that assure the openness, equity and efficiency of 
such systems.
    6. Government revenue collection and control systems that 
deter corruption.
    7. Laws that deny favorable tax treatment for any 
individual or corporation for expenditures made in violation of 
the anticorruption laws of the States Parties.
    8. Systems for protecting public servants and private 
citizens who, in good faith, report acts of corruption, 
including protection of their identities, in accordance with 
their Constitutions and the basic principles of their domestic 
legal systems.
    9. Oversight bodies with a view to implementing modern 
mechanisms for preventing, detecting, punishing and eradicating 
corrupt acts.
    10. Deterrents to the bribery of domestic and foreign 
government officials, such as mechanisms to ensure that 
publicly held companies and other types of associations 
maintain books and records which, in reasonable detail, 
accurately reflect the acquisition and disposition of assets, 
and have sufficient internal accounting controls to enable 
their officers to detect corrupt acts.
    11. Mechanisms to encourage participation by civil society 
and nongovernmental organizations in efforts to prevent 
corruption.
    12. The study of further preventive measures that take into 
account the relationship between equitable compensation and 
probity in public service.

                               Article IV

                                 Scope

    This Convention is applicable provided that the alleged act 
of corruption has been committed or has effects in a State 
Party.

                               Article V

                              Jurisdiction

    1. Each State Party shall adopt such measures as may be 
necessary to establish its jurisdiction over the offenses it 
has established in accordance with this Convention when the 
offense in question is committed in its territory.
    2. Each State Party may adopt such measures as may be 
necessary to establish its jurisdiction over the offenses it 
has established in accordance with this Convention when the 
offense is committed by one of its nationals or by a person who 
habitually resides in its territory.
    3. Each State Party shall adopt such measures as may be 
necessary to establish its jurisdiction over the offenses it 
has established in accordance with this Convention when the 
alleged criminal is present in its territory and it does not 
extradite such person to another country on the ground of the 
nationality of the alleged criminal.
    4. This Convention does not preclude the application of any 
other rule of criminal jurisdiction established by a State 
Party under its domestic law.

                               Article VI

                           Acts of Corruption

    1. This Convention is applicable to the following acts of 
corruption:
          a. The solicitation or acceptance, directly or 
        indirectly, by a government official or a person who 
        performs public functions, of any article of monetary 
        value, or other benefit, such as a gift, favor, promise 
        or advantage for himself or for another person or 
        entity, in exchange for any act or omission in the 
        performance of his public functions;
          b. The offering or granting, directly or indirectly, 
        to a government official or a person who performs 
        public functions, of any article of monetary value, or 
        other benefit, such as a gift, favor, promise or 
        advantage for himself or for another person or entity, 
        in exchange for any act or omission in the performance 
        of his public functions;
          c. Any act or omission in the discharge of his duties 
        by a government official or a person who performs 
        public functions for the purpose of illicitly obtaining 
        benefits for himself or for a third party;
          d. The fraudulent use or concealment of property 
        derived from any of the acts referred to in this 
        article; and
          e. Participation as a principal, coprincipal, 
        instigator, accomplice or accessory after the fact, or 
        in any other manner, in the commission or attempted 
        commission of, or in any collaboration or conspiracy to 
        commit, any of the acts referred to in this article.
    2. This Convention shall also be applicable by mutual 
agreement between or among two or more States Parties with 
respect to any other act of corruption not described herein.

                              Article VII

                              Domestic Law

    The States Parties that have not yet done so shall adopt 
the necessary legislative or other measures to establish as 
criminal offenses under their domestic law the acts of 
corruption described in Article VI(1) and to facilitate 
cooperation among themselves pursuant to this Convention.

                              Article VIII

                         Transnational Bribery

    Subject to its Constitution and the fundamental principles 
of its legal system, each State Party shall prohibit and punish 
the offering or granting, directly or indirectly, by its 
nationals, persons having their habitual residence in its 
territory, and businesses domiciled there, to a government 
official of another State, of any article of monetary value, or 
other benefit, such as a gift, favor, promise or advantage, in 
connection with any economic or commercial transaction in 
exchange for any act or omission in the performance of that 
official's public functions.
    Among those States Parties that have established 
transnational bribery as an offense, such offense shall be 
considered an act of corruption for the purposes of this 
Convention.
    Any State Party that has not established transnational 
bribery as an offense shall, insofar as its laws permit, 
provide assistance and cooperation with respect to this offense 
as provided in this Convention.

                               Article IX

                           Illicit Enrichment

    Subject to its Constitution and the fundamental principles 
of its legal system, each State Party that has not yet done so 
shall take the necessary measures to establish under its laws 
as an offense a significant increase in the assets of a 
government official that he cannot reasonably explain in 
relation to his lawful earnings during the performance of his 
functions.
    Among those States Parties that have established illicit 
enrichment as an offense, such offense shall be considered an 
act of corruption for the purposes of this Convention.
    Any State Party that has not established illicit enrichment 
as an offense shall, insofar as its laws permit, provide 
assistance and cooperation with respect to this offense as 
provided in this Convention.

                               Article X

                              Notification

    When a State Party adopts the legislation referred to in 
paragraph 1 of articles VIII and IX, it shall notify the 
Secretary General of the Organization of American States, who 
shall in turn notify the other States Parties. For the purposes 
of this Convention, the crimes of transnational bribery and 
illicit enrichment shall be considered acts of corruption for 
that State Party thirty days following the date of such 
notification.

                               Article XI

                        Progressive Development

    1. In order to foster the development and harmonization of 
their domestic legislation and the attainment of the purposes 
of this Convention, the States Parties view as desirable, and 
undertake to consider, establishing as offenses under their 
laws the following acts:
          a. The improper use by a government official or a 
        person who performs public functions, for his own 
        benefit or that of a third party, of any kind of 
        classified or confidential information which that 
        official or person who performs public functions has 
        obtained because of, or in the performance of, his 
        functions;
          b. The improper use by a government official or a 
        person who performs public functions, for his own 
        benefit or that of a third party, of any kind of 
        property belonging to the State or to any firm or 
        institution in which the State has a proprietary 
        interest, to which that official or person who performs 
        public functions has access because of, or in the 
        performance of, his functions;
          c. Any act or omission by any person who, personally 
        or through a third party, or acting as an intermediary, 
        seeks to obtain a decision from a public authority 
        whereby he illicitly obtains for himself or for another 
        person any benefit or gain, whether or not such act or 
        omission harms State property; and
          d. The diversion by a government official, for 
        purposes unrelated to those for which they were 
        intended, for his own benefit or that of a third party, 
        of any movable or immovable property, monies or 
        securities belonging to the State, to an independent 
        agency, or to an individual, that such official has 
        received by virtue of his position for purposes of 
        administration, custody or for other reasons.
    2. Among those States Parties that have established these 
offenses, such offenses shall be considered acts of corruption 
for the purposes of this Convention.
    3. Any State Party that has not established these offenses 
shall, insofar as its laws permit, provide assistance and 
cooperation with respect to these offenses as provided in this 
Convention.

                              Article XII

                        Effect on State Property

    For application of this Convention, it shall not be 
necessary that the acts of corruption harm State property.

                              Article XIII

                              Extradition

    1. This article shall apply to the offenses established by 
the States Parties in accordance with this Convention.
    2. Each of the offenses to which this article applies shall 
be deemed to be included as an extraditable offense in any 
extradition treaty existing between or among the States 
Parties. The States Parties undertake to include such offenses 
as extraditable offenses in every extradition treaty to be 
concluded between or among them.
    3. If a State Party that makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it does not have an 
extradition treaty, it may consider this Convention as the 
legal basis for extradition with respect to any offense to 
which this article applies.
    4. States Parties that do not make extradition conditional 
on the existence of a treaty shall recognize offenses to which 
this article applies as extraditable offenses between 
themselves.
    5. Extradition shall be subject to the conditions provided 
for by the law of the Requested State or by applicable 
extradition treaties, including the grounds on which the 
Requested State may refuse extradition.
    6. If extradition for an offense to which this article 
applies is refused solely on the basis of the nationality of 
the person sought, or because the Requested State deems that it 
has jurisdiction over the offense, the Requested State shall 
submit the case to its competent authorities for the purpose of 
prosecution unless otherwise agreed with the Requesting State, 
and shall report the final outcome to the Requesting State in 
due course.
    7. Subject to the provisions of its domestic law and its 
extradition treaties, the Requested State may, upon being 
satisfied that the circumstances so warrant and are urgent, and 
at the request of the Requesting State, take into custody a 
person whose extradition is sought and who is present in its 
territory, or take other appropriate measures to ensure his 
presence at extradition proceedings.

                              Article XIV

                       Assistance and Cooperation

    1. In accordance with their domestic laws and applicable 
treaties, the States Parties shall afford one another the 
widest measure of mutual assistance by processing requests from 
authorities that, in conformity with their domestic laws, have 
the power to investigate or prosecute the acts of corruption 
described in this Convention, to obtain evidence and take other 
necessary action to facilitate legal proceedings and measures 
regarding the investigation or prosecution of acts of 
corruption.
    2. The States Parties shall also provide each other with 
the widest measure of mutual technical cooperation on the most 
effective ways and means of preventing, detecting, 
investigating and punishing acts of corruption. To that end, 
they shall foster exchanges of experiences by way of agreements 
and meetings between competent bodies and institutions, and 
shall pay special attention to methods and procedures of 
citizen participation in the fight against corruption.

                               Article XV

                      Measures Regarding Property

    1. In accordance with their applicable domestic laws and 
relevant treaties or other agreements that may be in force 
between or among them, the States Parties shall provide each 
other the broadest possible measure of assistance in the 
identification, tracing, freezing, seizure and forfeiture of 
property or proceeds obtained, derived from or used in the 
commission of offenses established in accordance with this 
Convention.
    2. A State Party that enforces its own or another State 
Party's forfeiture judgment against property or proceeds 
described in paragraph 1 of this article shall dispose of the 
property or proceeds in accordance with its laws. To the extent 
permitted by a State Party's laws and upon such terms as it 
deems appropriate, it may transfer all or part of such property 
or proceeds to another State Party that assisted in the 
underlying investigation or proceedings.

                              Article XVI

                              Bank Secrecy

    1. The Requested State shall not invoke bank secrecy as a 
basis for refusal to provide the assistance sought by the 
Requesting State. The Requested State shall apply this article 
in accordance with its domestic law, its procedural provisions, 
or bilateral or multilateral agreements with the Requesting 
State.
    2. The Requesting State shall be obligated not to use any 
information received that is protected by bank secrecy for any 
purpose other than the proceeding for which that information 
was requested, unless authorized by the Requested State.

                              Article XVII

                           Nature of the Act

    For the purposes of articles XIII, XIV, XV and XVI of this 
Convention, the fact that the property obtained or derived from 
an act of corruption was intended for political purposes, or 
that it is alleged that an act of corruption was committed for 
political motives or purposes, shall not suffice in and of 
itself to qualify the act as a political offense or as a common 
offense related to a political offense.

                             Article XVIII

                          Central Authorities

    1. For the purposes of international assistance and 
cooperation provided under this Convention, each State Party 
may designate a central authority or may rely upon such central 
authorities as are provided for in any relevant treaties or 
other agreements.
    2. The central authorities shall be responsible for making 
and receiving the requests for assistance and cooperation 
referred to in this Convention.
    3. The central authorities shall communicate with each 
other directly for the purposes of this Convention.

                              Article XIX

                          Temporal Application

    Subject to the constitutional principles and the domestic 
laws of each State and existing treaties between the States 
Parties, the fact that the alleged act of corruption was 
committed before this Convention entered into force shall not 
preclude procedural cooperation in criminal matters between the 
States Parties. This provision shall in no case affect the 
principle of non-retroactivity in criminal law, nor shall 
application of this provision interrupt existing statutes of 
limitations relating to crimes committed prior to the date of 
the entry into force of this Convention.

                               Article XX

                     Other Agreements or Practices

    No provision of this Convention shall be construed as 
preventing the States Parties from engaging in mutual 
cooperation within the framework of other international 
agreements, bilateral or multilateral, currently in force or 
concluded in the future, or pursuant to any other applicable 
arrangement or practice.

                              Article XXI

                               Signature

    This Convention is open for signature by the Member States 
of the Organization of American States.

                              Article XXII

                              Ratification

    This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the General Secretariat 
of the Organization of American States.

                             Article XXIII

                                Accession

    This Convention shall remain open for accession by any 
other State. The instruments of accession shall be deposited 
with the General Secretariat of the Organization of American 
States.

                              Article XXIV

                              Reservations

    The States Parties may, at the time of adoption, signature, 
ratification, or accession, make reservations to this 
Convention, provided that each reservation concerns one or more 
specific provisions and is not incompatible with the object and 
purpose of the Convention.

                              Article XXV

                            Entry Into Force

    This Convention shall enter into force on the thirtieth day 
following the date of deposit of the second instrument of 
ratification. For each State ratifying or acceding to the 
Convention after the deposit of the second instrument of 
ratification, the Convention shall enter into force on the 
thirtieth day after deposit by such State of its instrument of 
ratification or accession.

                              Article XXVI

                              Denunciation

    This Convention shall remain in force indefinitely, but any 
of the States Parties may denounce it. The instrument of 
denunciation shall be deposited with the General Secretariat of 
the Organization of American States. One year from the date of 
deposit of the instrument of denunciation, the Convention shall 
cease to be in force for the denouncing State, but shall remain 
in force for the other States Parties.

                             Article XXVII

                          Additional Protocols

    Any State Party may submit for the consideration of other 
States Parties meeting at a General Assembly of the 
Organization of American States draft additional protocols to 
this Convention to contribute to the attainment of the purposes 
set forth in Article II thereof.
    Each additional protocol shall establish the terms for its 
entry into force and shall apply only to those States that 
become Parties to it.

                             Article XXVIII

                     Deposit of Original Instrument

    The original instrument of this Convention, the English, 
French, Portuguese, and Spanish texts of which are equally 
authentic, shall be deposited with the General Secretariat of 
the Organization of American States, which shall forward an 
authenticated copy of its text to the Secretariat of the United 
Nations for registration and publication in accordance with 
Article 102 of the United Nations Charter. The General 
Secretariat of the Organization of American States shall notify 
its Member States and the States that have acceded to the 
Convention of signatures, of the deposit of instruments of 
ratification, accession, or denunciation, and of reservations, 
if any.
                  9. Mutual Legal Assistance Treaties

a. Countries with which the United States has a Mutual Legal Assistance 
                       Treaty in Criminal Matters

 
------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Antigua and Barbuda.......................  July 1, 1999
Argentina.................................  February 9, 1993
Australia.................................  September 30, 1999
Austria...................................  August 1, 1998
Bahamas...................................  July 18, 1990
Barbados..................................  July 3, 2000
Belgium...................................  January 1, 2000
Belize....................................  July 2, 2003
Brazil....................................  February 21, 2001
Canada....................................  January 24, 1990
China.....................................  March 8, 2001
China (Hong Kong).........................  January 21, 2000
Cyprus....................................  September 18, 2002
Czech Republic............................  May 7, 2000
Dominica..................................  May 25, 2000
Egypt.....................................  November 29, 2001
Estonia...................................  October 20, 2000
France....................................  December 1, 2001
Greece....................................  November 20, 2001
Grenada...................................  September 14, 1999
Hungary...................................  March 18, 1997
India.....................................  October 3, 2005
Israel....................................  May 25, 1999
Italy.....................................  November 13, 1985
Jamaica...................................  July 25, 1995
Korea.....................................  May 23, 1997
Latvia....................................  September 17, 1999
Liechtenstein.............................  August 1, 2003
Lithuania.................................  August 26, 1999
Luxembourg................................  February 1, 2001
Mexico....................................  May 3, 1991
Morocco...................................  June 23, 1993
Netherlands...............................  September 15, 1983
Nigeria...................................  January 14, 2003
Panama....................................  September 6, 1995
Philippines...............................  November 22, 1996
Poland....................................  September 17, 1999
Romania...................................  October 17, 2001
Russia....................................  January 31, 2002
Saint Kitts and Nevis.....................  February 23, 2000
Saint Lucia...............................  February 2, 2000
Saint Vincent and The Grenadines..........  September 8, 1999
South Africa..............................  June 25, 2001
Spain.....................................  June 30, 1993
witzerland................................  January 23, 1977
Thailand..................................  June 10, 1993
Trinidad and Tobago.......................  November 29, 1999
Turkey....................................  January 1, 1981
Ukraine...................................  February 27, 2001
United Kingdom (concerning the Cayman       March 19, 1990
 Islands).
United Kingdom (concerning Anguilla, the    November 9, 1990
 British Virgin Islands, and the Turks and
 Caicos Islands).
United Kingdom (concerning Montserrat)....  April 26, 1991
United Kingdom............................  February 2, 1996
United Kingdom (concerning the Isle of      June 5, 2003
 Man).
Uruguay...................................  April 15, 1994
------------------------------------------------------------------------

b. Treaty on Mutual Legal Assistance in Criminal Matters Between France 
                  and the United States of America \1\

Signed at Paris, December 10, 1998; Ratification advised by the Senate, 
         October 18, 2000; Entered into force, December 1, 2001

    The President of the French Republic and the President of 
the United States of America,
---------------------------------------------------------------------------
    \1\ 2172 UNTS 69. The full text of the Treaty on Mutual Legal 
Assistance in Criminal Matters Between France and the United States of 
America is set out in this volume as a model of the other 53 MLAT 
treaties that were in force for the United States as of December 31, 
2005.
---------------------------------------------------------------------------
    Desiring to establish more effective cooperation in the 
area of mutual legal assistance in criminal matters;
    Have decided to conclude a treaty on mutual legal 
assistance in criminal matters and have appointed as their 
plenipotentiaries for this purpose:
    The President of the French Republic:
    The Honorable Elisabeth Guigou, Minister of Justice;
    The President of the United States of America:
    The Honorable Madeleine Albright, Secretary of State of the 
United States of America;
    Who, having communicated to each other their respective 
full powers, which were found in good and due form,
    Have agreed as follows:

                               Article 1

                          Scope of Assistance

    1. The Contracting States undertake to afford each other, 
in accordance with the provisions of this Treaty, the widest 
measure of mutual assistance in investigations or proceedings 
in respect of criminal offenses the punishment of which, at the 
time of the request for assistance, is a matter for the 
judicial authorities of the Requesting State.
    2. This Treaty does not apply to:
          (a) the execution of requests for provisional arrest 
        and extradition;
          (b) the enforcement of criminal judgments except for 
        forfeiture decisions referred to in Article 11; or,
          (c) offenses under military law that do not 
        constitute offenses under ordinary criminal law.
    3. This Treaty is intended solely for mutual legal 
assistance between the States. The provisions of the Treaty 
shall not affect the exercise of rights otherwise available to 
private persons under the laws of the State presented with a 
claim based on such rights.

                               Article 2

                          Central Authorities

    1. Each State shall designate a Central Authority to make 
and receive requests pursuant to this Treaty. For France, the 
Central Authority is the Ministry of Justice. For the United 
States of America, the Central Authority is the Attorney 
General or a person designated by the Attorney General. The 
Central Authorities shall communicate directly with one another 
for the purposes of this Treaty.
    2. The Central Authorities shall consult, at times to which 
they mutually agree, to promote the most effective use of this 
Treaty. The Central Authorities shall agree on such practical 
measures as may be necessary to facilitate the implementation 
of this Treaty, in particular those related to the 
implementation of Article 9.
    3. The Central Authorities shall provide each other with 
information regarding the execution of requests and each shall 
respond to the other's requests regarding progress toward 
execution of specific requests.

                               Article 3

                         Competent Authorities

    The Central Authorities shall make requests emanating from 
competent authorities. For France, the competent authorities 
are the judicial authorities including the public prosecutor. 
For the United States of America, the competent authorities are 
prosecutors and authorities with statutory or regulatory 
responsibility for investigations of criminal offenses, 
including the referral of matters to prosecutors for criminal 
prosecution. The presentation by the Central Authority of the 
United States of America of a request coming from such 
authorities establishes the competence of those authorities.

                               Article 4

                          Contents of Requests

    1. Requests for assistance shall be in writing and shall 
include the following information:
          (a) the identity of the competent authority from whom 
        the request emanates;
          (b) a description of the nature of the investigation 
        or proceeding, including the facts on which the request 
        is based, and a statement of the purpose for which the 
        assistance is sought;
          (c) the text of the applicable criminal statute;
          (d) insofar as possible, the identity and nationality 
        of the person who is the subject of the investigation 
        or proceeding;
          (e) insofar as possible, the identity, nationality, 
        and address or location of any person to be served or 
        from whom assistance is sought;
          (f) a description of the evidence or other assistance 
        sought including, where appropriate, a list of 
        questions if testimony of a witness or questioning of a 
        person who is the subject of the investigation or 
        proceeding is requested; and
          (g) the details of any particular procedure that the 
        Requesting State wishes to be followed.
    2. Where appropriate, the Requesting State may indicate any 
time limit within which the assistance should be provided.

                               Article 5

                        Transmission of Requests

    Requests shall be sent by the Central Authority of the 
Requesting State to the Central Authority of the Requested 
State. The results of execution shall be returned through the 
same channel unless the Central Authorities agree otherwise. In 
the event of urgency, an advance copy of a request may be 
transmitted by any means, including Interpol. Thereafter, the 
Central Authority of the Requesting State shall transmit the 
original request to the Central Authority of the Requested 
State.

                               Article 6

                          Denial of Assistance

    1. Legal assistance may be denied if the Requested State 
considers that:
          (a) the offense to which the request relates is a 
        political offense or an offense related to a political 
        offense; or
          (b) execution of the request would prejudice its 
        sovereignty, security, public order, or other essential 
        interests.
    2. Before denial of a request for assistance, the Central 
Authority of the Requested State shall consult with the Central 
Authority of the Requesting State to consider whether 
assistance can be given subject to such conditions as the 
Requested State deems to be necessary.
    3. If a request for assistance is denied, the Central 
Authority of the Requested State shall inform the Central 
Authority of the Requesting State of the reasons for the 
denial.

                               Article 7

                          Postponing Execution

    If the Requested State determines that execution of a 
request would interfere with an ongoing criminal investigation 
or proceeding in that State, it may, after consultations 
between the Central Authorities, postpone execution, including 
transmission, or make execution subject to conditions 
determined to be necessary. If the Requesting State accepts the 
assistance subject to the conditions, it shall comply with the 
conditions.

                               Article 8

                         Execution of Requests

    1. Requests shall be executed in accordance with the 
provisions of this Treaty and the laws of the Requested State.
    2. The Central Authority of the Requested State shall make 
all necessary arrangements for a request to be presented to its 
competent administrative and judicial authorities for 
execution. Administrative and judicial authorities charged with 
the execution of a request shall use all necessary measures 
available under the laws of the Requested State to provide any 
form of assistance, not prohibited by its laws, necessary or 
useful for the execution of the request.
    3. A person giving testimony or evidence in the Requested 
State may assert such claims of immunity, incapacity, or 
privilege as are available under its laws. If such person 
asserts a claim under the laws of the Requesting State, the 
person's testimony or evidence shall be taken and the claim 
recorded and preserved for consideration by the judicial 
authorities of the Requesting State. If, within a reasonable 
time prior to giving testimony or evidence, such person 
notifies the executing authority of the Requested State of the 
intention to assert such a claim, the Central Authorities may 
consult with respect thereto.
    4. A person who gives false testimony in the execution of a 
request shall be subject to prosecution and punishment in the 
Requested State in accordance with its laws.

                               Article 9

                          Specific Procedures

    1. If the Requesting State requests, the Requested State 
shall inform it of the dates and places of the execution of the 
request. The authorities and persons designated by the 
Requesting State may be permitted to be present at, and may 
assist in, the execution of the request if the Requested State 
consents. The Requested State shall permit such designated 
authorities and persons to be present at and assist in the 
taking of depositions for use in a judicial proceeding in the 
Requesting State subject to, in particular, the application of 
Articles 6 and 7.
    2. The procedures specified in this paragraph and outlined 
in the request shall be carried out insofar as they are not 
contrary to the fundamental principles of a judicial proceeding 
in the Requested State. The Requested State, if the Requesting 
State requests, shall:
          (a) take the testimony of witnesses or experts under 
        oath, or question persons who are the subject of 
        investigations or proceedings;
          (b) allow a confrontation between a defendant, 
        together with counsel, and a witness or expert whose 
        testimony or evidence is taken for use against that 
        defendant in a criminal prosecution in the Requesting 
        State;
          (c) ask questions submitted by the Requesting State, 
        including questions proposed by authorities of the 
        Requesting State present at the execution of the 
        request;
          (d) record or allow to be recorded the testimony, 
        questioning, or confrontation; and
          (e) produce or allow to be produced a verbatim 
        transcript of the proceeding in which the testimony, 
        questioning, or confrontation occurs.
    3. If the Requesting State requests, the Requested State 
shall transmit original documents or records to the extent 
possible. Otherwise, the Requested State shall transmit true 
copies thereof.
    4. If the Requesting State requests, business records, 
whether originals or copies, shall be accompanied by:
          (a) a certificate such as Form A appended to this 
        Treaty; or
          (b) a proces-verbal containing the essential 
        information sought in Form A. Such records shall be 
        admissible in evidence in the Requesting State as proof 
        of the truth of the matters set forth therein.

                               Article 10

                           Search and Seizure

    1. The Requested State shall execute a request for the 
search, seizure, and delivery of any item to the Requesting 
State if the request includes the information justifying such 
search under the laws of the Requested State.
    2. If the Requesting State requests, a competent authority 
in the Requested State shall provide a certificate or proces-
verbal that:
          (a) identifies the item seized;
          (b) identifies every official who has had custody of 
        the item seized; and
          (c) describes the circumstances of custody.
    If, after seizure, any transfer of custody of or material 
change in the item seized occurs, the competent authority in 
the Requested State shall provide an additional certificate or 
proces-verbal that describes the circumstances of such transfer 
of custody or material change. No further proof of the identity 
of the item, the continuity of custody, or the integrity of its 
condition shall be required. The certificates or proces-verbaux 
shall be admissible in evidence in the Requesting State as 
proof thereof.

                               Article 11

                          Proceeds of Offenses

    1. Upon the request of the Requesting State, the Requested 
State shall provide assistance for proceedings related to the 
forfeiture of proceeds or instrumentalities of criminal 
offenses.
    2. Upon the request of the Requesting State, the Requested 
State shall take appropriate measures, in accordance with its 
laws, to locate and identify proceeds or instrumentalities of 
offenses within the Requested State, The request shall specify 
the reasons for believing that proceeds or instrumentalities 
are within the Requested State. The Requested State shall 
inform the Requesting State of the results of its inquiry.
    3. At the request of the Requesting State, the Requested 
State, based on facts that would constitute an offense under 
the laws of both States and to the extent permitted by its 
laws, may take protective measures to immobilize temporarily 
such proceeds or instrumentalities to ensure their availability 
for forfeiture.
    4. At the request of the Requesting State, the Requested 
State may execute a final decision of forfeiture pronounced by 
judicial authorities of the Requesting State. The execution of 
such a request shall be in accordance with the laws of the 
Requested State.
    5. The Requested State that executes a final forfeiture 
decision shall dispose of the forfeited proceeds and 
instrumentalities in accordance with its laws. As it determines 
appropriate, the Requested State also may transfer all or part 
of such assets, or the proceeds of their sale, to the 
Requesting State. Insofar as cooperation between the two States 
contributed to a final forfeiture decision, the forfeiting 
State, to the extent permitted by its laws and upon such terms 
as it deems to be appropriate, may transfer all or part of such 
assets, or the proceeds of their sale, to the other State.

                               Article 12

                           Return of Evidence

    1. Articles of evidence, including original documents and 
records, transmitted pursuant to a request shall be retained by 
the Requesting State unless the Requested State asks at the 
time of transmission for their return.
    2. The Requested State may require that the Requesting 
State agree to terms and conditions for the care and return of 
articles of evidence deemed to be necessary to protect third 
party interests.

                               Article 13

                              Restitution

    The States shall assist each other to the extent permitted 
by their respective laws to facilitate restitution.

                               Article 14

                            Confidentiality

    1. The Requested State shall use its best efforts to keep 
confidential a request and its contents if such confidentiality 
is requested by the Central Authority of the Requesting State. 
If the request cannot be executed without breaching such 
confidentiality, the Central Authority of the Requested State 
shall so inform the Central Authority of the Requesting State, 
which shall then determine whether the request should 
nevertheless be executed.
    2. The Central Authority of the Requested State may request 
that information or evidence furnished under this Treaty be 
kept confidential or be used only subject to terms and 
conditions it may specify. If the Requesting State accepts the 
information or evidence subject to such conditions, the 
Requesting State shall use its best efforts to comply with the 
conditions.
    3. The Central Authority of the Requested State may request 
that the Requesting State not use any information or evidence 
obtained under this Treaty in any investigation or proceeding 
other than that described in the request without the prior 
consent of the Requested State. In that event, the Requesting 
State shall comply with the condition,
    4. Nothing in this Article shall preclude the use or 
disclosure of information or evidence to the extent that an 
obligation exists, for the United States under its Constitution 
or for France under its Constitution and general principles of 
its law having Constitutional value, to do so in a criminal 
proceeding. To the extent possible, the Requesting State shall 
notify the Requested State in advance of any such use or 
disclosure.
    5. Information and evidence obtained under the conditions 
referred to in paragraphs 2 or 3 of this Article may be used 
for any purpose insofar as they have been made public within 
the framework of the proceeding for which they were transmitted 
to the Requesting State.

                               Article 15

         Service of Procedural Documents and Judicial Decisions

    1. The Requested State shall serve procedural documents and 
judicial decisions sent to it for this purpose by the 
Requesting State.
    2. Service may be effected by simple transmission of the 
document or decision to its addressee. If the Requesting State 
requests, the Requested State shall serve the document using a 
method, provided by or compatible with its laws.
    3. Proof of service shall consist of a receipt dated and 
signed by the addressee or a statement by the Requested State 
noting the fact, the method, and the date of service. Either of 
these documents shall be sent immediately to the Requesting 
State. If service could not be effected, the Requested State 
shall inform the Requesting State immediately of the reason.
    4. The Central Authority of the Requesting State shall 
transmit a document requiring the appearance of a person in the 
Requesting State to the Central Authority of the Requested 
State at least 50 days before the date of the scheduled 
appearance. Upon the request of the Requesting State, the 
Central Authority of the Requested State may waive this 
requirement for persons other than defendants.

                               Article 16

                   Appearance in the Requesting State

    1. If the Requesting State requests the personal appearance 
of a witness or an expert, the Requested State shall invite 
this witness or expert to appear. The Requested State shall 
inform the Central Authority of the Requesting State of the 
person's response.
    2. Such a request shall mention the approximate amount of 
the invited person's travel and subsistence costs to be 
reimbursed. If the person so requests, the Requesting State may 
advance part or all of the funds to pay those expenses through 
its diplomatic or consular missions in the Requested State.
    3. A witness or expert who fails to comply with a document 
requiring an appearance in the Requesting State, service of 
which has been effected pursuant to a request, shall not be 
subjected to any sanction or measure of restraint, even if the 
document contains a notice of penalty, unless the person 
subsequently travels voluntarily to the Requesting State, is 
duly served, and again fails to comply.

                               Article 17

                              Safe Conduct

    1. A witness or expert appearing in the Requesting State in 
response to a request shall not be subject to service of 
process, prosecuted, detained, or subjected to any other 
restriction of personal liberty in that State by reason of any 
acts or convictions that preceded the person's departure from 
the Requested State unless the Central Authority of the 
Requesting State limits such safe conduct and so notifies the 
Central Authority of the Requested State. Any such limitation 
of safe conduct shall be communicated to the witness or expert 
at the time the witness or expert is invited to appear.
    2. A person appearing in the Requesting State in response 
to a document served to answer for acts, for which that person 
is the subject of a criminal investigation or prosecution, 
shall not be prosecuted, detained, or subjected to any other 
restriction of personal liberty for acts or convictions that 
preceded that person's departure from the Requested State other 
than those specified in the document served.
    3. The safe conduct provided for by this Article shall 
cease if the person, being free to leave, has not left the 
Requesting State within a period of fifteen consecutive days 
after being officially advised that the person's presence was 
no longer necessary or, having left, has returned.

                               Article 18

                           Temporary transfer

    1. Upon the request of either State, a person in custody in 
either State may be temporarily transferred to the receiving 
State to give testimony or evidence or otherwise provide 
assistance in investigations or proceedings in relation to a 
criminal matter.
    2. Such transfer may be denied:
          (a) if the person in custody does not consent;
          (b) if the person's period of detention might be 
        thereby extended ;
          (c) if the person's presence is required for ongoing 
        criminal proceedings; or
          (d) for reasons of safety, security, or other 
        imperative concerns.
    3. Pursuant to this Treaty, the receiving State shall have 
the obligation and the authority to keep the person transferred 
in custody unless the sending State authorizes the person's 
release.
    4. The receiving State shall require no proceeding to 
effect the return to the sending State of the person 
transferred. The return shall occur by the date specified by 
the sending State. This period may be extended by agreement 
between both States.
    5. The sending State shall deduct from that person's 
sentence any time that the person transferred serves in the 
custody of the receiving State.
    6. A person appearing in either State pursuant to this 
Article may receive the safe conduct authorized under Article 
17.

                               Article 19

                                Transit

    1. Upon the request of the Requesting State, the Requested 
State may authorize the transit through its territory of a 
person held in custody by the Requesting State or a third State 
whose personal appearance has been requested by the Requesting 
State to give testimony or evidence or otherwise provide 
assistance in investigations or proceedings in relation to a 
criminal matter.
    2. Pursuant to this Treaty, the Requested State shall have 
the obligation and the authority to keep the person in custody 
during transit.

                               Article 20

                            Official Records

    1. At the request of the Requesting State, the Requested 
State shall provide copies of records of any nature and in any 
form that are in the possession of its judicial authorities or 
government departments or agencies and that are accessible to 
the public.
    2. At the request of the Requesting State, the Requested 
State may provide copies of records of any nature and in any 
form that are in the possession of its judicial authorities or 
government departments or agencies, but that are not accessible 
to the public, to the same extent and under the same conditions 
that would apply to its own competent authorities in obtaining 
such copies. The Requested State may in its discretion deny a 
request, pursuant to this paragraph, entirely or in part.
    3. Official records produced pursuant to this Article and 
certified by a competent authority of the Requested State as 
official records, or true and correct copies thereof, shall be 
admissible in evidence in the Requesting State as proof of the 
truth of the matters set forth therein. No further 
authentication shall be necessary.

                               Article 21

                              Translation

    The Requesting State shall translate the request and any 
supporting documents into the language of the Requested State.

                               Article 22

                              Legalization

    Except as otherwise provided by this Treaty, evidence, in 
whatever form, transmitted pursuant to this Treaty shall be 
exempt from all legalization formalities.

                               Article 23

                                 Costs

    1. The Requested State shall meet the costs of executing 
requests except for:
          (a) the allowances and expenses related to travel of 
        witnesses and experts pursuant to Article 16 and the 
        travel of persons in custody pursuant to Articles 18 
        and 19;
          (b) the costs of interpretation and translation;
          (c) the costs of services provided by private parties 
        at the request of the Requesting State; and
          (d) the fees of experts needed to fulfill a request.
    2. If during the execution of a request it becomes apparent 
that execution will entail expenses of an extraordinary nature, 
the Central Authorities shall consult to determine the terms 
and conditions according to which execution may continue.

                               Article 24

       Sanitation of criminal proceedings in the requested state

    1. Each State may provide to the other State information 
and evidence relating to criminal acts and request that the 
other State submit the information and evidence to its 
competent authorities for the purpose of criminal investigation 
and prosecution where both States have jurisdiction to 
investigate and prosecute those acts. Such requests shall be 
transmitted through the respective Central Authorities.
    2. The Requested State shall consider initiating an 
investigation or prosecution as appropriate under its laws.
    3. The Requested State shall notify the Requesting State of 
any action taken pursuant to the request and transmit a copy of 
any decision rendered.

                               Article 25

                            Entry into force

    Each State shall notify the other of the completion of the 
procedures required for the entry into force of this Treaty. 
This Treaty shall enter into force on the first day of the 
second month following the date of receipt of the latter of 
these notifications.

                               Article 26

                              Termination

    Either State may terminate this Treaty at any time by 
forwarding through the diplomatic channel written notice of 
termination. Termination shall take effect six months after 
receipt of this notification.

    In witness whereof, the respective Plenipotentiaries have 
signed this Treaty and affixed their seals thereto.

    Done at Paris this tenth day of December, 1998, in 
duplicate, in the French and English languages, both texts 
being equally authentic.

                           Table of Contents

    Article 1. Scope of Assistance
    Article 2. central Authorities
    Article 3. Competent Authorities
    Article 4. Contents of Requests
    Article 5. Transmission of Requests
    Article 6. Denial of Assistance
    Article 7. Postponing Execution
    Article 8. Execution of Requests
    Article 9. Specific Procedures
    Article 10. Search and Seizure
    Article 11. Proceeds of Offenses
    Article 12. Return of Evidence
    Article 13. Restitution
    Article 14. Confidentiality
    Article 15. Service of Procedural Documents and Judicial 
Decisions
    Article 16. Appearance in the Requesting State
    Article 17. Safe Conduct
    Article 18. Temporary Transfer
    Article 19. Transit
    Article 20. Official Records
    Article 21. Translation
    Article 22. Legalization
    Article 23. Costs
    Article 24. Initiation of Criminal Proceedings in the 
Requested State
    Article 25. Entry into Force
    Article 26. Termination
    Form A
    Explanatory Note

                                 Form A

                   Certification of Business Records

    I, the undersigned, (name) with the understanding that I am 
subject to criminal penalty under the laws of (name of country) 
for an intentionally false declaration, declare that I am 
employed by/associated with: (name of business from which 
documents are sought) in the position of: (business position or 
title) and by reason of my position am authorized and qualified 
to make this declaration.
    Each of the records attached hereto is a record in the 
custody of the above-named business that:
          1. was made at or near the time of the occurrence of 
        the matters set forth therein by (or from information 
        transmitted by) a person with knowledge of those 
        matters;
          2. was kept in the course of a regularly conducted 
        business activity;
          3. was made by the business as a regular practice; 
        and
          4. if not an original record, is a duplicate of the 
        original.
    (date of execution)
    (place of execution)
    (signature)

 Explanatory Note on the Treaty on Mutual Legal Assistance in Criminal 
        Matters Between the United States of America and France

    The following understandings regarding the application of 
certain provisions of the treaty are agreed between the 
Parties.

Article 1(3)

    Both Parties understand that, for the United States, the 
provisions of the Treaty do not create a new right on the part 
of a private person to obtain assistance, to suppress or 
exclude any testimony or evidence, or to impede the execution 
of a request. However, such rights of private persons as 
otherwise exist under United States law in this regard continue 
in effect.

Article 3

    During the negotiation of Article 3 of the Treaty, both 
Parties discussed the competent authorities from whom requests 
under the Treaty must emanate. The Parties noted the 
substantial number of authorities for the United States, aside 
from prosecutors, that were capable of being competent to 
initiate requests for mutual legal assistance. These 
authorities are not judicial authorities but are comparable to 
them since their requests, in accordance with Paragraph I of 
Article 1, are presented in the framework of ``investigations 
or proceedings in respect of criminal offenses the punishment 
of which, at the time of the request for assistance, is a 
matter for the judicial authorities of the Requesting State.'' 
Under United States law, these authorities are those that are 
responsible for the investigations of criminal offenses, 
including the referral of matters to prosecutors for criminal 
prosecution.
    The Parties accordingly agreed not to attempt to list 
exhaustively in the Treaty the numerous state and federal 
authorities that fall under this definition, particularly 
because the inadvertent omission of one from the list could 
diminish the value of the Treaty to the United States. To 
illustrate this diversity, the United States, however, has 
agreed to provide, for the purposes of illustration only, the 
following short list:
    Bureau of Alcohol, Tobacco, and Firearms
    Commodity Futures Trading Commission
    Drug Enforcement Administration
    Federal Bureau of Investigation
    Federal Trade Commission
    Food and Drug Administration
    Immigration and Naturalization Service
    Internal Revenue Service
    Securities and Exchange Commission
    Trustees in Bankruptcy.
    In any case, to facilitate in the identification of 
competent authorities of the United States by France, the two 
States agreed that the requests that are presented by the 
Central Authority of the United States of America will 
establish the competence of the requesting authorities for the 
purposes of this Treaty.

Article 9

    The first part of paragraph 1 sets forth the principle 
that, with the consent of the Requested State, persons 
designated by the Requesting State (for example, the requesting 
authority, the defendant, and the counsel for such persons) 
shall be allowed to travel to the territory of the Requested 
State to be present and to assist during the execution of the 
request. The request for legal assistance should request the 
presence of these persons. For purposes of this Article, the 
term ``Requested State'' refers to the authorities in the 
Requested State who are authorized to approve or consent to the 
requested presence.
    The second part of paragraph 1 commits the two Parties to 
accommodate such a request so that the deposition obtained in 
the Requested State may be used in the Requesting State in 
compliance with its internal procedure. The scope of this 
commitment, however, may be limited, notable by the application 
of Articles 6 and 7 relating respectively to the denial of 
requests for legal assistance and to postponement of execution 
of such requests. This commitment does not preclude that, in 
certain cases, which in practice shall be most exceptional, the 
authority entrusted with the execution of the request may 
determine that the presence and assistance of the designated 
persons are not possible in a specific case.

Article 23(1)

    The discussion relating to Article 23 demonstrated the 
Parties' concerns to execute requests for mutual legal 
assistance in the least expensive manner, in particular those 
requests to obtain depositions in the United States. As a 
result, the Parties agreed that the United States will arrange 
and pay for the audio recording of a deposition requested by 
French authorities and its transmission to French authorities. 
Sealed in a container, the audio recording will be accompanied 
by a report or a declaration of the competent authority in the 
United states certifying the circumstances in which the 
deposition was taken. This document will mention the name of 
the authority conducting the proceeding, the identity of the 
person being deposed, and a statement whether or not the person 
was deposed under oath. The document should be signed by the 
deponent or, in case the deponent refuses or is unable to sign 
the document, the document should contain a statement to that 
effect. On the other hand, the costs of services furnished by 
private parties, such as those resulting from the transcription 
of depositions by a ``court reporter'', will be paid for by 
French authorities.
                        10. Extradition Treaties

  a. Countries With Which the United States Has an Extradition Treaty

 
------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Albania...................................  November 14, 1935
Antigua and Barbuda.......................  July 1, 1999
Argentina.................................  June 15, 2000
Australia.................................  May 8, 1976
                                            December 21, 1992
Austria...................................  January 1, 2000
Bahamas...................................  September 22, 1994
Barbados..................................  March 3, 2000
Belgium...................................  September 1, 1997
Belize....................................  March 27, 2001
Bolivia...................................  November 21, 1996
Brazil....................................  December 17, 1964
Bulgaria..................................  June 24, 1924
                                            August 15, 1935
Burma.....................................  November 1, 1941
Canada....................................  March 22, 1976
                                            November 26, 1991
                                            April 30, 2003
Chile.....................................  June 26, 1902
Colombia..................................  March 4, 1982
Congo.....................................  July 27, 1911
                                            May 19, 1929
                                            September 24, 1936
                                            August 5, 1961
Costa Rica................................  October 11, 1991
Cuba......................................  March 2, 1905
                                            June 18, 1926
Cyprus....................................  September 14, 1999
Czech Republic............................  March 29, 1926
                                            August 28, 1935
Denmark...................................  July 31, 1974
Dominica..................................  May 25, 2000
Dominican Republic........................  August 2, 1910
Ecuador...................................  November 12, 1873
                                            May 29, 1941
Egypt.....................................  April 22, 1875
El Salvador...............................  July 10, 1911
Estonia...................................  November 15, 1924
                                            May 7, 1935
Fiji......................................  June 24, 1935
                                            August 17, 1973
Finland...................................  May 11, 1980
France....................................  February 1, 2002
Gambia....................................  June 24, 1935
Germany...................................  August 29, 1980
                                            March 11, 1993
Ghana.....................................  June 24, 1935
Greece....................................  November 1, 1932
                                            September 2, 1937
Grenada...................................  September 14, 1999
Guatemala.................................  August 15, 1903
                                            March 13, 1941
Guyana....................................  June 24, 1935
Haiti.....................................  June 28, 1905
Honduras..................................  July 10, 1912
                                            June 5, 1928
Hong Kong.................................  January 21, 1998
Hungary...................................  March 18, 1997
Iceland...................................  January 6, 1902
                                            February 19, 1906
India.....................................  July 21, 1999
Iraq......................................  April 23, 1936
Ireland...................................  December 15, 1984
Israel....................................  December 5, 1963
Italy.....................................  September 24, 1984
Jamaica...................................  July 7, 1991
Japan.....................................  March 26, 1980
Jordan....................................  July 29, 1995
Kenya.....................................  June 24, 1935
                                            August 19, 1965
Kiribati..................................  January 21, 1977
Korea.....................................  December 20, 1999
Latvia....................................  March 1, 1924
                                            March 29, 1935
Lesotho...................................  June 24, 1935
Liberia...................................  November 21, 1939
Liechtenstein.............................  June 28, 1937
Lithuania.................................  March 31, 2003
Luxembourg................................  February 1, 2002
Malawi....................................  June 24, 1935
                                            April 4, 1967
Malaysia..................................  June 2, 1997
Malta.....................................  June 24, 1935
Marchall Islands..........................  May 1, 2004
Mauritius.................................  June 24, 1935
Mexico....................................  January 25, 1980
                                            May 21, 2001
Micronesia................................  June 25, 2004
Monaco....................................  March 28, 1940
Nauru.....................................  August 30, 1935
Netherlands...............................  September 15, 1983
New Zealand...............................  December 8, 1970
Nicaragua.................................  July 14, 1907
Nigeria...................................  June 24, 1935
Norway....................................  March 7, 1980
Pakistan..................................  March 9, 1942
Panama....................................  May 8, 1905
Papua New Guinea..........................  August 30, 1935
Paraguay..................................  March 9, 2001
Peru......................................  August 25, 2003
Philippines...............................  November 22, 1996
Poland....................................  September 17, 1999
                                            June 5, 1936
Portugal..................................  November 14, 1908
Romania...................................  April 7, 1925
                                            July 27, 1937
Saint Christopher and Nevis...............  February 23, 2000
Saint Lucia...............................  February 2, 2000
Saint Vincent and the Grenadines..........  September 8, 1999
San Marino................................  July 8, 1908
                                            June 28, 1935
Seychelles................................  June 24, 1935
Sierra Leone..............................  June 24, 1935
Singapore.................................  June 24, 1935
                                            June 10, 1969
Slovac Republic...........................  March 29, 1926
                                            August 28, 1935
Solomon Islands...........................  January 21, 1977
South Africa..............................  June 25, 2001
Spain.....................................  June 16, 1971
                                            June 2, 1978
                                            July 2, 1993
                                            July 25, 1999
Sri Lanka.................................  January 12, 2001
Suriname..................................  July 11, 1889
                                            August 28, 1904
Swaziland.................................  June 24, 1935
                                            July 28, 1970
Sweden....................................  December 3, 1963
                                            September 24, 1984
Switzerland...............................  September 10, 1997
Tanzania..................................  June 24, 1935
                                            December 6, 1965
Thailand..................................  March 24, 1924
Tonga.....................................  August 1, 1966
                                            April 13, 1977
Trinidad and Tobago.......................  November 29, 1999
Turkey....................................  January 1, 1981
Tuvalu....................................  January 21, 1977
                                            April 25, 1980
United Kingdom............................  January 21, 1977
                                            December 23, 1986
Uruguay...................................  April 11, 1984
Venezuela.................................  April 14, 1923
Yugoslavia................................  June 12, 1902
Zambia....................................  June 24, 1935
Zimbabwe..................................  April 26, 2000
------------------------------------------------------------------------

  b. Extradition Treaty Between the United States and Saint Kitts and 
                               Nevis \1\

 Signed at Basseterre, September 18, 1996; Ratification advised by the 
Senate, October 21, 1998; Ratified by the President, January 20, 1999; 
   Ratified by Saint Kitts and Nevis, January 19, 2000; Entered into 
                        force, February 23, 2000

   Extradition Treaty Between the Government of the United States of 
          America and the Government of Saint Kitts and Nevis

    The Government of the United States of America and the 
Government of Saint Kitts and Nevis,
---------------------------------------------------------------------------
    \1\ TIAS 12805. The full text of the Extradition Treaty between the 
United States of America and Saint Kitts and Nevis is set out in this 
volume as a model of the other 111 extradition treaties that were in 
force for the United States as of December 31, 2005.

    Recalling the Extradition Treaty between the Government of 
the United States of America and the Government of the United 
Kingdom of Great Britain and Northern Ireland, signed at London 
---------------------------------------------------------------------------
June 8, 1972,

    Noting that both the Government of the United States of 
America and the Government of Saint Kitts and Nevis currently 
apply the terms of that Treaty, and

    Desiring to provide for more effective cooperation between 
the two States in the suppression of crime, and, for that 
purpose, to conclude a new treaty for the extradition of 
accused or convicted offenders,

    Have agreed as follows:

                               Article 1

                        Obligation to Extradite

    The Contracting States agree to extradite to each other, 
pursuant to the provisions of this Treaty, persons sought for 
prosecution or persons who have been convicted of an 
extraditable offense by the authorities in the Requesting 
State.

                               Article 2

                         Extraditable Offenses

    1. An offense shall be an extraditable offense if it is 
punishable under the laws in both Contracting States by 
deprivation of liberty for a period of more than one year or by 
a more severe penalty.
    2. An offense shall also be an extraditable offense if it 
consists of an attempt or a conspiracy to commit, aiding or 
abetting, counselling or procuring the commission of, or being 
an accessory before or after the fact to, any offense described 
in paragraph 1.
    3. For the purposes of this Article, an offense shall be an 
extraditable offense:
          (a) whether or not the laws in the Contracting States 
        place the offense within the same category of offenses 
        or describe the offense by the same terminology; or
          (b) whether or not the offense is one for which 
        United States federal law requires the showing of such 
        matters as interstate transportation, or use of the 
        mails or of other facilities affecting interstate or 
        foreign commerce, such matters being merely for the 
        purpose of establishing jurisdiction in a United States 
        federal court.
    4. Where the offense was committed outside of the territory 
of the Requesting State, if the laws in the Requested State:
          (a) provide for punishment of an offense committed 
        outside of its territory in similar circumstances, 
        extradition shall be granted in accordance with this 
        treaty; or
          (b) do not provide for punishment of an offense 
        committed outside of its territory in similar 
        circumstances, extradition may nonetheless be granted 
        in the discretion of the executive authority of the 
        Requested State, provided that all other requirements 
        of this Treaty are met.
    5. If extradition has been granted for an extraditable 
offense, it may also be granted for any other offense specified 
in the request even if the latter offense is punishable by less 
than one year's deprivation of liberty, provided that all other 
requirements for extradition are met.

                               Article 3

                              Nationality

    If all conditions in this Treaty relating to extradition 
are met, extradition shall not be refused based on the 
nationality of the person sought.

                               Article 4

                    Political and Military Offenses

    1. Extradition shall not be granted if the offense for 
which extradition is requested is a political offense.
    2. For the purposes of this Treaty, the following offenses 
shall not be considered to be political offenses:
          (a) a murder or other violent crime against the 
        person of a Head of State of one of the Contracting 
        States, or of a member of the Head of State's family;
          (b) an offense for which both Contracting States have 
        the obligation pursuant to a multilateral international 
        agreement to extradite the person sought or to submit 
        the case to their competent authorities for decision as 
        to prosecution; and
          (c) a conspiracy or attempt to commit any of the 
        foregoing offenses, or aiding or abetting a person who 
        commits or attempts to commit such offenses.
    3. Notwithstanding the terms of paragraph 2 of this 
Article, extradition shall not be granted if the executive 
authority of the Requested State determines that the request 
was politically motivated.
    4. The executive authority of the Requested State may 
refuse extradition for offenses under military law which are 
not offenses under ordinary criminal law.

                               Article 5

                           Prior Prosecution

    1. Extradition shall not be granted when the person sought 
has been convicted or acquitted in the Requested State for the 
offense for which extradition is requested.
    2. Extradition shall not be precluded by the fact that the 
authorities in the Requested State have decided not to 
prosecute the person sought for the acts for which extradition 
is requested, or to discontinue any criminal proceedings which 
have been instituted against the person sought for those acts.

                               Article 6

             Extradition Procedures and Required Documents

    1. All requests for extradition shall be submitted through 
the diplomatic channel.
    2. All requests shall be supported by:
          (a) documents, statements, or other types of 
        information which describe the identity, and probable 
        location of the person sought;
          (b) information describing the facts of the offense 
        and the procedural history of the case;
          (c) information as to:
                  (i) the provisions of the laws describing the 
                essential elements of the offense for which 
                extradition is requested;
                  (ii) the provisions of the law describing the 
                punishment for the offense; and
                  (iii) the provisions of law describing any 
                time limit on the prosecution; and
          (d) the documents, statements, or other types of 
        information specified in paragraph 3 or paragraph 4 of 
        this Article, as applicable.
    3. A request for extradition of a person who is sought for 
prosecution shall also be supported by:
          (a) a copy of the warrant or order of arrest, if any, 
        issued by a judge or other competent authority of the 
        Requesting State;
          (b) a document setting forth the charges; and
          (c) such information as would provide a reasonable 
        basis to believe that the person sought committed the 
        offense for which extradition is requested.
    4. A request for extradition relating to a person who has 
been convicted of the offense for which extradition is sought 
shall also be supported by:
          (a) a copy of the judgment of conviction or, if such 
        copy is not available, a statement by a judicial 
        authority that the person has been convicted;
          (b) information establishing that the person sought 
        is the person to whom the conviction refers;
          (c) a copy of the sentence imposed, if the person 
        sought has been sentenced, and a statement establishing 
        to what extent the sentence has been carried out; and
          (d) in the case of a person who has been convicted in 
        absentia, the documents required by paragraph 3.

                               Article 7

                       Admissibility of Documents

    The documents which accompany an extradition request shall 
be received and admitted as evidence in extradition proceedings 
if:
          (a) in the case of a request from the United States, 
        they are authenticated by an officer of the United 
        States Department of State and are certified by the 
        principal diplomatic or consular officer of Saint Kitts 
        and Nevis resident in the United States;
          (b) in the case of a request from Saint Kitts and 
        Nevis, they are certified by the principal diplomatic 
        or consular officer of the United States resident in 
        Saint Kitts and Nevis, as provided by the extradition 
        laws of the United States; or
          (c) they are certified or authenticated in any other 
        manner accepted by the law of the Requested State.

                               Article 8

                             Lapse of Time

    Extradition shall not be denied because of the prescriptive 
laws of either the Requesting State or the Requested State.

                               Article 9

                           Provisional Arrest

    1. In case of urgency, a Contracting State may initiate the 
process of extradition by requesting the provisional arrest of 
the person sought. A request for provisional arrest may be 
transmitted through the diplomatic channel or directly between 
the United States Department of Justice and the Attorney 
General in Saint Kitts and Nevis. Such a request may also be 
transmitted through the facilities of the International 
Criminal Police Organization (INTERPOL), or through such other 
means as may be settled by arrangement between the Contracting 
States.
    2. The application for provisional arrest shall contain:
          (a) a description of the person sought;
          (b) the location of the person sought, if known;
          (c) a brief statement of the facts of the case, 
        including, if possible, the time and location of the 
        offense;
          (d) a description of the laws violated;
          (e) a statement of the existence of a warrant of 
        arrest or a finding of guilt or judgment of conviction 
        against the person sought; and
          (f) a statement that a request for extradition for 
        the person sought will follow.
    3. The Requesting State shall be notified without delay of 
the disposition of its application and the reasons for any 
denial.
    4. Provisional arrest shall be terminated if, within a 
period of 45 days after the apprehension of the person sought, 
the Requested State has not received the request for 
extradition and the documents mentioned in Article 6. This 
period may be extended, upon the Requesting State's 
application, for up to an additional 15 days after the 
apprehension of the person sought.
    5. The fact that the person sought has been discharged from 
custody pursuant to paragraph 4 of this Article shall not 
prejudice the subsequent rearrest and extradition of that 
person if the extradition request and supporting documents are 
delivered at a later date.

                               Article 10

                         Decision and Surrender

    1. The Requested State shall promptly notify the Requesting 
State through the diplomatic channel of its decision on the 
request for extradition.
    2. If the request is denied in whole or in part, the 
Requested State shall provide an explanation of the reasons for 
the denial. The Requested State shall provide copies of 
pertinent judicial decisions upon request.
    3. If the request for extradition is granted, the 
authorities of the Contracting States shall agree on the time 
and place for the surrender of the person sought.
    4. If the person sought is not removed from the territory 
of the Requested State within the time prescribed by the law of 
that State, that person may be discharged from custody, and the 
Requested State may subsequently refuse extradition for the 
same offense.

                               Article 11

                    Temporary and Deferred Surrender

    1. If the extradition request is granted in the case of a 
person who is being proceeded against or is serving a sentence 
in the Requested State, the Requested State may temporarily 
surrender the person sought to the Requesting State for the 
purpose of prosecution. The person so surrendered shall be kept 
in custody in the Requesting State and shall be returned to the 
Requested State after the conclusion of the proceedings against 
that person, in accordance with conditions to be determined by 
mutual agreement of the Contracting States.
    2. The Requested State may postpone the extradition 
proceedings against a person who is being prosecuted or who is 
serving a sentence in that State. The postponement may continue 
until the prosecution of the person sought has been concluded 
or until such person has served any sentence imposed.

                               Article 12

            Requests for Extradition Made by Several States

    If the Requested State receives requests from the other 
Contracting State and from any other State or States for the 
extradition of the same person, either for the same offense or 
for different offenses, the executive authority of the 
Requested State shall determine to which State it will 
surrender the person. In making its decision, the Requested 
State shall consider all relevant factors, including but not 
limited to:
          (a) whether the requests were made pursuant to 
        treaty;
          (b) the place where each offense was committed;
          (c) the respective interests of the Requesting 
        States;
          (d) the gravity of the offenses;
          (e) the nationality of the victim;
          (f) the possibility of further extradition between 
        the Requesting States; and
          (g) the chronological order in which the requests 
        were received from the Requesting States.

                               Article 13

                   Seizure and Surrender of Property

    1. To the extent permitted under its law, the Requested 
State may seize and surrender to the Requesting State all 
articles, documents, and evidence connected with the offense in 
respect of which extradition is granted. The items mentioned in 
this Article may be surrendered even when the extradition 
cannot be effected due to the death, disappearance, or escape 
of the person sought.
    2. The Requested State may condition the surrender of the 
property upon satisfactory assurances from the Requesting State 
that the property will be returned to the Requested State as 
soon as practicable. The Requested State may also defer the 
surrender of such property if it is needed as evidence in the 
Requested State.
    3. The rights of third parties in such property shall be 
duly respected.

                               Article 14

                           Rule of Speciality

    1. A person extradited under this Treaty may not be 
detained, tried, or punished in the Requesting State except 
for:
          (a) the offense for which extradition has been 
        granted or a differently denominated offense based on 
        the same facts on which extradition was granted, 
        provided such offense is extraditable, or is a lesser 
        included offense;
          (b) an offense committed after the extradition of the 
        person; or
          (c) an offense for which the executive authority of 
        the Requested State consents to the person's detention, 
        trial, or punishment. For the purpose of this 
        subparagraph:
                  (i) the Requested State may require the 
                submission of the documents called for in 
                Article 6; and
                  (ii) the person extradited may be detained by 
                the Requesting State for 90 days while the 
                request is being processed. This time period 
                may be extended by the Requested State upon 
                request of the Requesting State.
    2. A person extradited under this Treaty may not be 
extradited to a third State for an offense committed prior to 
his surrender unless the surrendering State consents.
    3. Paragraphs 1 and 2 of this Article shall not prevent the 
detention, trial, or punishment of an extradited person, or the 
extradition of that person to a third State, if:
          (a) that person leaves the territory of the 
        Requesting State after extradition and voluntarily 
        returns to it; or
          (b) that person does not leave the territory of the 
        Requesting State within 10 days of the day on which 
        that person is free to leave.

                               Article 15

                         Waiver of Extradition

    If the person sought consents to surrender to the 
Requesting State, the Requested State may surrender the person 
as expeditiously as possible without further proceedings.

                               Article 16

                                Transit

    1. Either Contracting State may authorize transportation 
through its territory of a person surrendered to the other 
State by a third State. A request for transit shall be 
transmitted through the diplomatic channel or directly between 
the Department of Justice in the United States and the Attorney 
General in Saint Kitts and Nevis. Such a request may also be 
transmitted through the facilities of the International 
Criminal Police Organization (INTERPOL), or through such other 
means as may be settled by arrangement between the Contracting 
States. It shall contain a description of the person being 
transported and a brief statement of the facts of the case. A 
person in transit may be detained in custody during the period 
of transit.
    2. No authorization is required where air transportation is 
used and no landing is scheduled on the territory of the 
Contracting State. If an unscheduled landing occurs on the 
territory of the other Contracting State, the other Contracting 
State may require the request for transit as provided in 
paragraph 1. That Contracting State may detain the person to be 
transported until the request for transit is received and the 
transit is effected, so long as the request is received within 
96 hours of the unscheduled landing.

                               Article 17

                      Representation and Expenses

    1. The Requested State shall advise, assist, appear in 
court on behalf of the Requesting State, and represent the 
interests of the Requesting State, in any proceedings arising 
out of a request for extradition.
    2. The Requesting State shall bear the expenses related to 
the translation of documents and the transportation of the 
person surrendered. The Requested State shall pay all other 
expenses incurred in that State by reason of the extradition 
proceedings.
    3. Neither State shall make any pecuniary claim against the 
other State arising out of the arrest, detention, examination, 
or surrender of persons sought under this Treaty.

                               Article 18

                              Consultation

    The Department of Justice of the United States and the 
Attorney General of Saint Kitts and Nevis may consult with each 
other directly in connection with the processing of individual 
cases and in furtherance of maintaining and improving 
procedures for the implementation of this Treaty. Issues 
considered in such consultations shall include training and 
technical assistance.

                               Article 19

                              Application

    Subject to Article 20(3), this Treaty shall apply to 
offenses committed before as well as after the date it enters 
into force.

                               Article 20

                   Ratification and Entry into Force

    1. This Treaty shall be subject to ratification; the 
instruments of ratification shall be exchanged at Washington as 
soon as possible.
    2. This Treaty shall enter into force upon the exchange of 
the instruments of ratification.
    3. Upon the entry into force of this Treaty, the Treaty on 
Extradition signed at London June 8, 1972 shall cease to have 
any effect between the United States and Saint Kitts and Nevis. 
Nevertheless, the prior Treaty shall apply to any extradition 
proceedings in which the extradition documents have already 
been submitted to the courts of the Requested State at the time 
this Treaty enters into force, except that Article 15 of this 
Treaty shall be applicable to such proceedings. Article 14 of 
this Treaty shall apply to persons found extraditable under the 
prior Treaty.

                               Article 21

                              Termination

    Either Contracting State may terminate this Treaty at any 
time by giving written notice to the other Contracting State, 
and the termination shall be effective six months after the 
date of receipt of such notice.

    In witness whereof,  the undersigned, being duly authorized 
by their respective Governments have signed this Treaty.

    Done at Basseterre, St. Kitts, in duplicate, this 18th day 
of September, 1996.
                 11. Return of Stolen Vehicles Treaties

 a. Countries With Which the United States Has a Treaty for the Return 
                           of Stolen Vehicles

 
------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Belize....................................  August 16, 2002
Dominican Republic........................  August 3, 2001
Mexico....................................  June 28, 1983
Panama....................................  September 13, 2001
------------------------------------------------------------------------

 b. Treaty for the Return of Stolen Vehicles Between the United States 
                             and Belize \1\

   Signed at Belmopan, October 3, 1996; Ratification advised by the 
     Senate, October 18, 2000; Entered into force, August 16, 2002

   Treaty Between the Government of Belize and the Government of the 
       United States of America for the Return of Stolen Vehicles

    The Government of the United States of America and the 
Government of Saint Kitts and Nevis,

    Recalling the Extradition Treaty between the Government of 
the United States of America and the Government of the United 
Kingdom of Great Britain and Northern Ireland, signed at London 
June 8, 1972,

    The Government of Belize and the Government of the United 
States of America (hereinafter, ``the Parties'');
---------------------------------------------------------------------------
    \1\ The full text of the Treaty between Belize and the United 
States of America for the Return of Stolen Vehicles is set out in this 
volume as a model of the other three stolen vehicles return treaties 
that were in force for the United States as of December 31, 2005.

    Recognizing the growing problem of transnational theft of 
---------------------------------------------------------------------------
vehicles;

    Considering the difficulties faced by innocent owners in 
securing the return of vehicles stolen in the territory of one 
Party that are recovered in the territory of the other Party; 
and

    Desiring to eliminate such difficulties and to regularize 
procedures for the expeditious return of such vehicles;

    Have agreed as follows:

                               Article 1

    For purposes of this Treaty:
    (1) A ``vehicle'' means any automobile, truck, bus, 
motorcycle, motorhome, or trailer.
    (2) A vehicle shall be considered ``stolen'' when 
possession thereof has been obtained without the consent of the 
owner or other person legally authorized to use such vehicle. A 
vehicle shall also be considered ``stolen'' when:
          (a) it is unlawfully appropriated by the person who 
        had rented it from an enterprise legally authorized for 
        that purpose and in the normal course of business, or
          (b) it is unlawfully appropriated by a person with 
        whom it has been deposited by official or judicial 
        action.
    (3) A vehicle shall not be presumed to have been stolen 
when it is exported in accordance with the Protocol to this 
Treaty.
    (4) All references to ``days'' shall mean calendar days.

                               Article 2

    Each Party agrees to return, in accordance with the terms 
of this Treaty, vehicles that are:
    (1) registered, titled, or otherwise documented in the 
territory of the other Party;
    (2) stolen in the territory of the other Party or from one 
of its nationals; and
    (3) found in the territory of the first Party.

                               Article 3

    1. Whenever police, customs, or other authorities of a 
Party impound or seize a vehicle and they have reason to 
believe that such vehicle is registered, titled, or otherwise 
documented in the territory of the other Party, the first Party 
shall, within 30 days of such impoundment or seizure, notify, 
in writing, the Embassy of the other Party that its authorities 
have custody of the vehicle.
    2. Such notification shall include all available 
identifying information about the vehicle listed in Annex 1.

                               Article 4

    Authorities of a Party who have impounded or seized a 
vehicle that may be subject to return in accordance with this 
Treaty shall take reasonable steps regarding the safekeeping of 
the vehicle, including preventing the obliteration or 
modification of identifying information such as vehicle 
identification numbers. The said authorities shall not 
thereafter operate, auction, dismantle, or otherwise alter or 
dispose of the vehicle. However, this Treaty shall not preclude 
the said authorities from operating, auctioning, dismantling, 
or otherwise altering or disposing of the vehicle if--
    (1) No request for the return of the vehicle is received 
within 60 days of receipt of a notification made pursuant to 
Article 3;
    (2) A determination is made in accordance with Article 7(1) 
that a request for the return of the vehicle does not meet the 
requirements of this Treaty, and notification of such 
determination has been made in accordance with Article 7(3);
    (3) The vehicle has not been retrieved, within the time 
period stated in Article 7 (2), by the person identified in the 
request for return as the owner or the owner's authorized 
representative after the vehicle has been made available as 
provided in Article 7 (2); or
    (4) There is no obligation under this Treaty, pursuant to 
Article 8 (2) or Article 8 (3), to return the vehicle.

                               Article 5

    1. After a Party receives a notification made pursuant to 
Article 3, that Party may submit a request for the return of 
the vehicle.
    2. The request for return shall be transmitted under seal 
of a consular officer of the Requesting Party and shall follow 
the form appended in Annex 2. The request shall be transmitted 
under cover of a note to the foreign ministry of the Requested 
Party. A request shall be made only after receipt by the 
consular officer of certified copies of the following 
documents:
          (a) The title of ownership to the vehicle, if the 
        vehicle is subject to titling, but, if the title is not 
        available, a certified statement from the titling 
        authority that the vehicle is titled and specifying the 
        person or entity to whom it is titled;
          (b) The certificate of registration of the vehicle, 
        if the vehicle is subject to registration, but, if the 
        registration document is not available, a certified 
        statement from the registering authority that the 
        vehicle is registered and specifying the person or 
        entity to whom it is registered;
          (c) The bill of sale or other documentation that 
        establishes ownership of the vehicle, in the event the 
        vehicle is not titled or registered;
          (d) Documentation that establishes the transfer of 
        ownership of the vehicle, if subsequent to the theft of 
        the vehicle the owner at the time of the theft has 
        transferred ownership to a third party;
          (e) The report of the theft issued by a competent 
        authority of the Requesting Party. In the event that 
        the theft is reported by the victim to the competent 
        authority after the vehicle is seized or otherwise 
        comes into possession of the Requested Party, the 
        person seeking its return shall furnish a document 
        justifying the reasons for the delay in reporting the 
        theft and may provide any supporting documentation 
        therefor; and
          (f) In cases in which the person requesting the 
        return of a vehicle is not the owner, a power of 
        attorney granted in the presence of a notary public by 
        the owner or his legal representative, authorizing that 
        person to recover the vehicle.
    3. No further legalization or authentication of documents 
shall be required by the Requested Party.

                               Article 6

    If a Party learns, through means other than a notification 
made pursuant to Article 3, that the authorities of the other 
Party may have impounded, seized, or otherwise taken possession 
of a vehicle that may be registered, titled, or otherwise 
documented in the territory of the first Party, that Party:
    (1) may, through a note to the foreign ministry of the 
other Party, seek official confirmation of this and may request 
the other Party to provide the notification described in 
Article 3, in which case the other Party shall either provide 
the notification or explain, in writing, why notification is 
not required; and
    (2) may also, in appropriate cases, submit a request for 
the return of the vehicle as described in Article 5.

                               Article 7

    1. Except as provided in Article 8, the Requested Party 
shall, within 30 days of receiving a request for the return of 
a stolen vehicle, determine whether the request for return 
meets the requirements of this Treaty for the return of the 
vehicle and shall notify the Embassy of the Requesting Party of 
its determination.
    2. If the Requested Party determines that the request for 
the return of a stolen vehicle meets the requirements of this 
Treaty, the Requested Party shall, within 15 days of such 
determination, make the vehicle available to the person 
identified in the request for return as the owner or the 
owner's authorized representative. The vehicle shall remain 
available for the person identified in the request for return 
as the owner or the owner's authorized representative to take 
delivery for at least 90 days. The Requested Party shall take 
necessary measures to permit the owner or the owner's 
authorized representative to take delivery of the vehicle and 
return with it to the territory of the Requesting Party.
    3. If the Requested Party determines that the request for 
return does not meet the requirements of this Treaty, it shall 
provide written notification to the Embassy of the Requesting 
Party, including grounds for its decision.

                               Article 8

    1. If a vehicle whose return is requested is being held in 
connection with a criminal investigation or prosecution, its 
return pursuant to this Treaty shall be effected when its 
presence is no longer required for purposes of that 
investigation or prosecution. The Requested Party shall, 
however, take all practicable measures to assure that 
substitute pictorial or other evidence is used wherever 
possible in such investigation or prosecution so that the 
vehicle may be returned as soon as possible.
    2. If the ownership or custody of a vehicle whose return is 
requested is the subject of a pending judicial action in the 
territory of the Requested Party, its return pursuant to this 
Treaty shall be effected at the conclusion of that judicial 
action. However, a Party shall have no obligation under this 
Treaty to return the vehicle if such judicial action results in 
a final decision that awards the vehicle to a person other than 
the person identified in the request for return as the owner of 
the vehicle or the owner's authorized representative. Such 
judicial action may include adjudication by an administrative 
panel specifically designated by the Requested Party to review 
the question of ownership or custody of vehicles, so long as:
          (1) the Requested Party gives the Requesting Party at 
        least 60 days written notice of such administrative 
        proceeding; and
          (2) the decision of such administrative panel may be 
        appealed, by any person claiming ownership or custody 
        of a vehicle, to a court of law.
    3. A Party shall have no obligation under this Treaty to 
return a vehicle whose return is requested if the vehicle is 
subject to forfeiture under its laws because it was used in its 
territory for the commission of a crime with the consent or 
complicity of the owner, or represents the proceeds of such a 
crime. The Requested Party shall not forfeit the vehicle 
without giving the owner or the owner's authorized 
representative reasonable notice and an opportunity to contest 
such forfeiture in accordance with its laws.
    4. A Party shall have no obligation under this Treaty to 
return a stolen vehicle if no request for return is received 
within 60 days of receipt of a notification made pursuant to 
Article 3.
    5. If the return of a stolen vehicle whose return is 
requested is postponed pursuant to this Article, the Requested 
Party shall so notify the Embassy of the Requesting Party in 
writing within 30 days of receiving a request for the return of 
the vehicle.

                               Article 9

    1. The Requested Party shall not impose any import or 
export duties, taxes, fines, or other monetary penalties or 
charges on vehicles returned in accordance with this Treaty, or 
on their owners or authorized representatives as a condition 
for the return of such vehicles.
    2. Reasonable expenses incurred in the return of the 
vehicle in accordance with this Treaty, including towing costs, 
storage costs, maintenance costs, transportation costs, and 
costs of translation of documents required under this Treaty, 
shall be borne by the person seeking its return and shall be 
paid prior to the return of the vehicle.
    3. In particular cases, the expenses of return may include 
the costs of any repairs or reconditioning of a vehicle that 
were necessary to permit the vehicle to be moved to a storage 
area or to maintain it in the condition in which it was found. 
The person seeking the return of a vehicle shall not be 
responsible for the costs of any other work performed on the 
vehicle while it was in the custody of the authorities of the 
Requested Party.
    4. Provided that the Requested Party complies with the 
provisions of this Treaty with respect to recovery, storage, 
safekeeping, and, where appropriate, return of a vehicle, no 
person shall be entitled to compensation from the Requested 
Party for any damage caused to or sustained by the vehicle 
while it is in the custody of the Requested Party.

                               Article 10

    The mechanisms for the recovery and return of stolen 
vehicles under this Treaty shall be in addition to those 
available under the laws of the Requested Party. Nothing in 
this Treaty shall impair any rights for the recovery of stolen 
vehicles under applicable law.

                               Article 11

    1. Any differences regarding the interpretation or 
application of this Treaty shall be resolved through 
consultations between the Parties.
    2. This Treaty shall be subject to ratification. It shall 
enter into force on the date of exchange of instruments of 
ratification.
    3. The annexes and protocol attached hereto shall be 
considered an integral part of the Treaty.
    4. This Treaty may be terminated by either Party upon a 
minimum of 90 days written notification.
    Done at Belmopan, this third day of October 1996, in 
duplicate, both texts being equally authentic.

                                Annex 1

Identifying Information to be Provided in a Notification Made Pursuant 
                              to Article 3

    1. Vehicle Identification Number (VIN);
    2. Name of manufacturer of vehicle;
    3. Vehicle model and year of manufacture, if known;
    4. Color of vehicle;
    5. Licence plate number (LPN) of vehicle and jurisdiction 
of issuance (if available);
    6. City/other jurisdiction tag or sticker number and name 
of city/ other jurisdiction (if available);
    7. A description of the condition of the vehicle, including 
its operability, if known, and repairs that appear necessary;
    8. The current location of the vehicle;
    9. The identity of the authority with physical custody of 
the vehicle and a contact point, including name, address, and 
telephone number of the official with recovery information;
    10. Any information that indicates whether the vehicle was 
being used in connection with the commission of a crime;
    11. Whether it appears that the vehicle may be subject to 
forfeiture under the laws of the notifying Party.

                                Annex 2

               Request for the Return of a Stolen Vehicle

    The Embassy of [country name] respectfully requests that 
(the appropriate authority of [country name]) return the 
vehicle described below to (its owner/its owner's authorized 
representative) in accordance with the Treaty Between the 
Government of the United States of America and the Government 
of Belize for the Return of Stolen Vehicles:
          Make:
          Model (Year):
          Type:
          Vehicle Identification Number:
          Licence Plates:
          Registered Owner:
    The Embassy of [country name] certifies that it has 
examined the following documents which have been presented by 
(identity of person submitting documents) as evidence of (his 
or her ownership of the vehicle/ownership of the vehicle by the 
person for whom he or she is acting as authorized 
representative) and found them to be properly certified under 
the laws of (appropriate jurisdiction).
          a. (document description)
          b. (document description)
          c. (document description)
          d. (document description)
    Complimentary closing
    Place and date
    Attachments

                                Protocol

    In considering the provisions of the Treaty between the 
Government of Belize and the Government of the United States of 
America for the Return of Stolen Vehicles, the two Governments 
developed certain common understandings, which will provide 
guidance to authorities of the two Governments concerning the 
Treaty's implementation.
    The Government of the United States of America has informed 
the Government of Belize that the laws and regulations of the 
United States require that, in order for a vehicle to be 
exported legally from the United States, documentation 
concerning the vehicle must be presented to the appropriate 
U.S. Customs Office and the Customs Office will issue a 
validation stamp when the title of the vehicle is 
authenticated.
    Accordingly, in implementing its obligations under the 
Treaty, the Government of Belize shall not presume that a 
vehicle has been stolen from the United States if it has been 
exported from the United States in accordance with U.S. legal 
requirements and the person claiming the vehicle in Belize 
presents documentation from U.S. Customs.
=======================================================================


                            J. HUMAN RIGHTS

                                CONTENTS

                                                                   Page
 1. Universal Declaration of Human Rights........................  1017
 2. United Nations Convention on the Prevention and Punishment of 
    the Crime of Genocide........................................  1023
 3. Senate Resolution of Ratification of Genocide Convention, 
    including Reservations, Understandings and Declaration.......  1027
 4. International Covenant on Civil and Political Rights.........  1029
 5. ILO Convention No. 105 Concerning the Abolition of Forced 
    Labor........................................................  1046
 6. ILO Convention No. 144 Concerning Tripartite Consultations to 
    Promote International Labor Standards........................  1049
 7. ILO Convention Concerning the Prohibition and Immediate 
    Action for the Elimination of the Worst Forms of Child Labour  1053
 8. ILO Convention Concerning Safety and Health in Mines.........  1058
 9. Optional Protocols to the Convention on the Rights of the 
    Child........................................................  1067
      a. Optional Protocol to the Convention on the Rights of the 
          Child on the Involvement of Children in Armed Conflict.  1067
      b. Optional Protocol to the Convention on the Rights of the 
          Child on the Sale of Children, Child Prostitution, and 
          Child Pornography......................................  1073

=======================================================================

      
              1. Universal Declaration of Human Rights \1\

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 
                             December 1948

                                Preamble

    Whereas recognition of the inherent dignity and of the 
equal and inalienable rights of all members of the human family 
is the foundation of freedom, justice and peace in the world,
---------------------------------------------------------------------------
    \1\ The Universal Declaration of Human Rights is a resolution 
adopted by the U.N. General Assembly and is not a treaty.
---------------------------------------------------------------------------
  Whereas disregard and contempt for human rights have resulted 
in barbarous acts which have outraged the conscience of 
mankind, and the advent of a world in which human beings shall 
enjoy freedom of speech and belief and freedom from fear and 
want has been proclaimed as the highest aspiration of the 
common people,
  Whereas it is essential, if man is not to be compelled to 
have recourse, as a last resort, to rebellion against tyranny 
and oppression, that human rights should be protected by the 
rule of law,
  Whereas it is essential to promote the development of 
friendly relations between nations,
  Whereas the people of the United Nations have in the Charter 
reaffirmed their faith in fundamental human rights, in the 
dignity and worth of the human person and in the equal rights 
of men and women and have determined to promote social progress 
and better standards of life in larger freedom,
  Whereas Member States have pledged themselves to achieve, in 
co-operation with the United Nations, the promotion of 
universal respect for and observance of human rights and 
fundamental freedoms,
  Whereas a common understanding of these rights and freedoms 
is of the greatest importance for the full realization of this 
pledge,
  Now, therefore,
    The General Assembly
    Proclaims this Universal Declaration of Human Rights as a 
common standard of achievement for all peoples and all nations, 
to the end that every individual and every organ of society, 
keeping this Declaration constantly in mind, shall strive by 
teaching and education to promote respect for these rights and 
freedoms and by progressive measures, national and 
international to secure their universal and effective 
recognition and observance, both among the peoples of Member 
States themselves and among the peoples of territories under 
their jurisdiction.

                               Article 1

  All human beings are born free and equal in dignity and 
rights. They are endowed with reason and conscience and should 
act towards one another in a spirit of brotherhood.

                               Article 2

  Everyone is entitled to all the rights and freedoms set forth 
in this Declaration, without distinction of any kind, such as 
race, colour, sex, language, religion, political or other 
opinion, national or social origin, property, birth or other 
status.
  Furthermore, no distinction shall be made on the basis of the 
political, jurisdictional or international status of the 
country or territory to which a person belongs, whether it be 
independent, trust, non-selfgoverning or under any other 
limitation of sovereignty.

                               Article 3

  Everyone has the right to life, liberty and the security of 
person.

                               Article 4

  No one shall be held in slavery or servitude; slavery and the 
slave trade shall be prohibited in all their forms.

                               Article 5

  No one shall be subjected to torture or to cruel, inhuman or 
degrading treatment or punishment.

                               Article 6

  Everyone has the right to recognition everywhere as a person 
before the law.

                               Article 7

  All are equal before the law and are entitled without any 
discrimination to equal protection of the law. All are entitled 
to equal protection against any discrimination in violation of 
this Declaration and against any incitement to such 
discrimination.

                               Article 8

  Everyone has the right to an effective remedy by the 
competent national tribunals for acts violating the fundamental 
rights granted him by the Constitution or by law.

                               Article 9

  No one shall be subjected to arbitrary arrest, detention or 
exile.

                               Article 10

  Everyone is entitled in full equality to a fair and public 
hearing by an independent and impartial tribunal, in the 
determination of his rights and obligations and of any criminal 
charge against him.

                               Article 11

  1. Everyone charged with a penal offence has the right to be 
presumed innocent until proved guilty according to law in a 
public trial at which he has had all the guarantees necessary 
for his defence.
  2. No one shall be held guilty of any penal offence on 
account of any act or omission which did not constitute a penal 
offence, under national or international law, at the time when 
it was committed. Nor shall a heavier penalty be imposed than 
the one that was applicable at the time the penal offence was 
committed.

                               Article 12

  No one shall be subjected to arbitrary interference with his 
privacy, family, home or correspondence, nor to attacks upon 
his honour and reputation. Everyone has the right to the 
protection of the law against such interference or attacks.

                               Article 13

  1. Everyone has the right to freedom of movement and 
residence within the borders of each State.
  2. Everyone has the right to leave any country including his 
own, and to return to his country.

                               Article 14

  1. Everyone has the right to seek and to enjoy in other 
countries asylum from persecution.
  2. This right may not be invoked in the case of prosecutions 
genuinely arising from non-political crimes or from acts 
contrary to the purposes and principles of the United Nations.

                               Article 15

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality 
nor denied the right to change his nationality.

                               Article 16

  1. Men and women of full age, without any limitation due to 
race, nationality or religion, have the right to marry and to 
found a family. They are entitled to equal rights as to 
marriage, during marriage and at its dissolution.
  2. Marriage shall be entered into only with the free and full 
consent of the intending spouses.
  3. The family is the natural and fundamental group unit of 
society and is entitled to protection by society and the State.

                               Article 17

  1. Everyone has the right to own property alone as well as in 
association with others.
  2. No one shall be arbitrarily deprived of his property.

                               Article 18

  Everyone has the right to freedom of thought, conscience and 
religion; this right includes freedom to change his religion or 
belief, and freedom, either alone or in community with others 
and in public or private, to manifest his religion or belief in 
teaching, practice, worship and observance.

                               Article 19

  Everyone has the right to freedom of opinion and expression; 
this right includes freedom to hold opinions without 
interference and to seek, receive and impart information and 
ideas through any media and regardless of frontiers.

                               Article 20

  1. Everyone has the right to freedom of peaceful assembly and 
association.
  2. No one may be compelled to belong to an association.

                               Article 21

  1. Everyone has the right to take part in the government of 
his country, directly or through freely chosen representatives.
  2. Everyone has the right of equal access to public service 
in his country.
  3. The will of the people shall be the basis of the authority 
of government; this will shall be expressed in periodic and 
genuine elections which shall be by universal and equal 
suffrage and shall be held by secret vote or by equivalent free 
voting procedures.

                               Article 22

  Everyone, as a member of society, has the right to social 
security and is entitled to realization, through national 
effort and international co-operation and in accordance with 
the organization and resources of each State, of the economic, 
social and cultural rights indispensable for his dignity and 
the free development of his personality.

                               Article 23

  1. Everyone has the right to work, to free choice of 
employment, to just and favourable conditions of work and to 
protection against unemployment.
  2. Everyone, without any discrimination, has the right to 
equal pay for equal work.
  3. Everyone who works has the right to just and favourable 
remuneration ensuring for himself and his family an existence 
worthy of human dignity, and supplemented, if necessary, by 
other means of social protection.
  4. Everyone has the right to form and to join trade unions 
for the protection of his interests.

                               Article 24

  Everyone has the right to rest and leisure, including 
reasonable limitation of working hours and periodic holidays 
with pay.

                               Article 25

  1. Everyone has the right to a standard of living adequate 
for the health and well-being of himself and of his family, 
including food, clothing, housing and medical care and 
necessary social services, and the right to security in the 
event of unemployment, sickness disability, widowhood, old age 
or other lack of livelihood in circumstances beyond his 
control.
  2. Motherhood and childhood are entitled to special care and 
assistance. All children, whether born in or out of wedlock, 
shall enjoy the same social protection.

                               Article 26

  1. Everyone has the right to education. Education shall be 
free, at least in the elementary and fundamental stages. 
Elementary education shall be compulsory. Technical and 
professional education shall be made generally available and 
higher education shall be equally accessible to all on the 
basis of merit.
  2. Education shall be directed to the full development of the 
human personality and to the strengthening of respect for human 
rights and fundamental freedoms. It shall promote 
understanding, tolerance and friendship among all nations, 
racial or religious groups, and shall further the activities of 
the United Nations for the maintenance of peace.
  3. Parents have a prior right to choose the kind of education 
that shall be given to their children.

                               Article 27

  1. Everyone has the right freely to participate in the 
cultural life of the community, to enjoy the arts and to share 
in scientific advancement and its benefits.
  2. Everyone has the right to the protection of the moral and 
material interests resulting from any scientific, literary or 
artistic production of which he is the author.

                               Article 28

  Everyone is entitled to a social and international order in 
which the rights and freedoms set forth in this Declaration can 
be fully realized.

                               Article 29

  1. Everyone has duties to the community in which alone the 
free and full development of his personality is possible.
  2. In the exercise of his rights and freedoms, everyone shall 
be subject only to such limitations as are determined by law 
solely for the purpose of securing due recognition and respect 
for the rights and freedoms of others and of meeting the just 
requirements of morality, public order and the general welfare 
in a democratic society.
  3. These rights and freedoms may in no case be exercised 
contrary to the purposes and principles of the United Nations.

                               Article 30

  Nothing in this Declaration may be interpreted as implying 
for any State, group or person any right to engage in any 
activity or to perform any act aimed at the destruction of any 
of the rights and freedoms set forth herein.
 2. United Nations Convention on the Prevention and Punishment of the 
                           Crime of Genocide

   Adopted by the United Nations General Assembly in General Assemly 
resolution 260 A(III) at Paris, December 9, 1948; Signed by the United 
  States, December 11, 1948; Open for negotiation until December 31, 
1949; Entered into force for participating countries, January 12, 1951; 
   Senate gave advice and consent to ratification with reservations, 
 declaration and understandings, February 19, 1986; Entered into force 
        with respect to the United States, February 23, 1989 \1\

  The Contracting Parties,
---------------------------------------------------------------------------
    \1\ Article III of the Senate's Resolution of Ratification of this 
Convention provided that the President would not deposit the instrument 
of ratification until implementing legislation had been enacted. Such 
legislation, the Genocide Convention Implementation Act of 1987 (Public 
Law 100-606; 102 Stat. 3045), was enacted into law on November 5, 1988.

  Having considered the declaration made by the General 
Assembly of the United Nations in its resolution 96 (I) dated 
11 December 1946 that genocide is a crime under international 
law, contrary to the spirit and aims of the United Nations and 
---------------------------------------------------------------------------
condemned by the civilized world.

  Recognizing that at all periods of history genocide has 
inflicted great losses on humanity, and

  Being convinced that, in order to liberate mankind from such 
an odious scourge, international co-operation is required,

  Hereby agree as hereinafter provide:

                               Article I

  The Contracting Parties confirm that genocide, whether 
committed in time of peace or time of war, is a crime under 
international law which they undertake to prevent and to 
punish.

                               Article II

    In the present Convention, genocide \2\ means any of the 
following acts committed with intent to destroy, in whole or in 
part, a national, ethnical, racial or religious group, as such:
---------------------------------------------------------------------------
    \2\ See also: S.Res. 347, adopted February 19, 1986, expressing the 
sense of the Senate of ``the desire of the United States to amend the 
Convention to include acts constituting political genocide within the 
definition of the term `genocide' ''.
---------------------------------------------------------------------------
    (a) Killing members of the group;
    (b) Causing serious bodily or mental harm to members of the 
group;
    (c) Deliberately inflicting on the group conditions of life 
calculated to bring about its physical destruction in whole or 
in part;
    (d) Imposing measures intended to prevent births within the 
group;
    (e) Forcibly transferring children of the group to another 
group.

                              Article III

    The following acts shall be punishable:
    (a) Genocide;
    (b) Conspiracy to commit genocide;
    (c) Direct and public incitement to commit genocide;
    (d) Attempt to commit genocide;
    (e) Complicity in genocide.

                               Article IV

  Persons committing genocide or any of the other acts 
enumerated in article III shall be punished, whether they are 
constitutionally responsible rulers, public officials or 
private individuals.

                               Article V

  The Contracting Parties undertake to enact, in accordance 
with their respective Constitutions, the necessary legislation 
to give effect to the provisions of the present Convention and, 
in particular, to provide effective penalties for persons 
guilty of genocide or any of the other acts enumerated in 
article III.

                               Article VI

  Persons charged with genocide or any of the other acts 
enumerated in article III shall be tried by a competent 
tribunal of the State in the territory of which the act was 
committed, or by such international penal tribunal as may have 
jurisdiction with respect to these Contracting Parties which 
shall have accepted its jurisdiction.

                              Article VII

  Genocide and the other acts enumerated in article III shall 
not be considered as political crimes for the purpose of 
extradition.
  The Contracting Parties pledge themselves in such cases to 
grant extradition in accordance with their laws and treaties in 
force.

                              Article VIII

  Any Contracting Party may call upon the competent organs of 
the United Nations to take such action under the Charter of the 
United Nations as they consider appropriate for the prevention 
and suppression of acts of genocide or any of the other acts 
enumerated in article III.

                               Article IX

  Disputes between the Contracting Parties relating to the 
interpretation, application or fulfillment of the present 
Convention, including those relating to the responsibility of a 
State for genocide or for any of the other acts enumerated in 
article III, shall be submitted to the International Court of 
Justice at the request of any of the parties to the dispute.

                               Article X

  The present Convention, of which the Chinese, English, 
French, Russian and Spanish texts are equally authentic, shall 
bear the date of 9 December 1948.

                               Article XI

  The present Convention shall be open until 31 December 1949 
for signature on behalf of any Member of the United Nations and 
of any non-member State to which an invitation to sign has been 
addressed by the General Assembly.
    The present Convention shall be ratified, and the 
instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.
    After 1 January 1950, the present Convention may be acceded 
to on behalf of any Member of the United Nations and of any 
non-member State which has received an invitation as aforesaid.
    Instruments of accession shall be deposited with the 
Secretary-General of the United Nations.

                              Article XII

    Any Contracting Party may at any time, by notification 
addressed to the Secretary-General of the United Nations, 
extend the application of the present Convention to all or any 
of the territories for the conduct of whose foreign relations 
that Contracting Party is responsible.

                              Article XIII

    On the day when the first twenty instruments of 
ratification or accession have been deposited, the Secretary-
General shall draw up a proces-verbal and to each of the non-
member States contemplated in article XI.
    The present Convention shall come into force on the 
ninetieth day following the date of deposit of the twentieth 
instrument of ratification or accession.
    Any ratification or accession effected subsequent to the 
latter date shall become effective on the ninetieth day 
following the deposit of the instrument of ratification or 
accession.

                              Article XIV

    The present Convention shall remain in effect for a period 
of ten years as from the date of its coming into force.
    It shall thereafter remain in force for successive periods 
of five years for such Contracting Parties as have not 
denounced it at least six months before the expiration of the 
current period.
    Denunciation shall be effected by a written notification 
addressed to the Secretary-General of the United Nations.

                               Article XV

    If, as a result of denunciations, the number of Parties to 
the present Convention should become less than sixteen, the 
Convention shall cease to be in force as from the date on which 
the last of these denunciations shall become effective.

                              Article XVI

    A request for the revision of the present Convention may be 
made at any time by any Contracting Party by means of a 
notification in writing addressed to the Secretary-General.
    The General Assembly shall decide upon the steps, if any, 
to be taken in respect of such request.

                              Article XVII

    The Secretary-General of the United Nations shall notify 
all Members of the United Nations and the non-member States 
contemplated in article XI of the following:
    (a) Signatures, ratifications and accessions received in 
accordance with article XI;
    (b) Notifications received in accordance with article XII;
    (c) The date upon which the present Convention comes into 
force in accordance with article XIII;
    (d) Denunciations received in accordance with article XIV;
    (e) The abrogation of the Convention in accordance with 
article XV;
    (f) Notifications received in accordance with article XVI.

                             Article XVIII

    The original of the present Convention shall be deposited 
in the archives of the United Nations.
    A certified copy of the Convention shall be transmitted to 
each Member of the United Nations and to each of the non-member 
States contemplated in article XI.

                              Article XIX

    The present Convention shall be registered by the 
Secretary-General of the United Nations on the date of its 
coming into force.
 3. Senate Resolution of Ratification of Genocide Convention Including 
              Reservations, Understandings and Declaration

       S. Res. 347, agreed to by the Senate on February 19, 1986

    Resolved, (two-thirds of the Senators present concurring 
therein), That the Senate advise and consent to the 
ratification of the International Convention on the Prevention 
and Punishment of the Crime of Genocide, adopted unanimously by 
the General Assembly of the United Nations in Paris on December 
9, 1948 (Executive O, Eighty-first Congress, first session), 
Provided that:

    I. The Senate's advice and consent is subject to the 
following reservations:
          (1) That with reference to Article IX of the 
        Convention, before any dispute to which the United 
        States is a party may be submitted to the jurisdiction 
        of the International Court of Justice under this 
        article, the specific consent of the United States is 
        required in each case.
          (2) That nothing in the Convention requires or 
        authorizes legislation or other action by the United 
        States of America prohibited by the Constitution of the 
        United States as interpreted by the United States.
    II. The Senate's advice and consent is subject to the 
following understandings, which shall apply to the obligations 
of the United States under the Convention:
          (1) That the term ``intent to destroy, in whole or in 
        part, a national, ethnical, racial, or religious group 
        as such'' appearing in Article II means the specific 
        intent to destroy, in whole or in substantial part, a 
        national, ethnical, racial, or religious group as such 
        by the acts specified in Article II.
          (2) That the term ``mental harm'' in Article II(b) 
        means permanent impairment of mental faculties through 
        drugs, torture or similar techniques.
          (3) That the pledge to grant extradition in 
        accordance with a state's laws and treaties in force 
        found in Article VII extends only to acts which are 
        criminal under the laws of both the requesting and the 
        requested state and nothing in Article VI affects the 
        right of any state to bring to trial before its own 
        tribunals any of its nationals for acts committed 
        outside a state.
          (4) That acts in the course of armed conflicts 
        committed without the specific intent required by 
        Article II are not sufficient to constitute genocide as 
        defined by this Convention.
          (5) That with regard to the reference to an 
        international penal tribunal in Article VI of the 
        Convention, the United States declares that it reserves 
        the right to effect its participation in any such 
        tribunal only by a treaty entered into specifically for 
        that purpose with the advice and consent of the Senate.
    III. The Senate's advice and consent is subject to the 
following declaration:

    That the President will not deposit the instrument of 
ratification until after the implementing legislation referred 
to in Article V has been enacted.\1\
---------------------------------------------------------------------------
    \1\ The Genocide Convention Implementation Act of 1987 (Public Law 
100-606; 102 Stat. 3045) was signed into law November 5, 1988. See 
Legislation on Foreign Relations Through 2005, vol. II-A, sec. H.
      4. International Covenant on Civil and Political Rights \1\

 Adopted at New York, December 16, 1966; Entered into force generally, 
  March 23, 1976; Ratification advised by the Senate, April 2, 1992; 
      Entered into force for the United States, September 8, 1992

    The States Parties to the Present Covenant,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.

    Considering that, in accordance with the principles 
proclaimed in the Charter of the United Nations, recognition of 
the inherent dignity and of the equal and inalienable rights of 
all members of the human family is the foundation of freedom, 
---------------------------------------------------------------------------
justice and peace in the world,

    Recognizing that these rights derive from the inherent 
dignity of the human person,

    Recognizing that, in accordance with the Universal 
Declaration of Human Rights, the ideal of free human beings 
enjoying civil and political freedom and freedom from fear and 
want can only be achieved if conditions are created whereby 
everyone may enjoy his civil and political rights, as well as 
his economic, social and cultural rights,

    Considering the obligation of States under the Charter of 
the United Nations to promote universal respect for, and 
observance of, human rights and freedoms,

    Realizing that the individual, having duties to other 
individuals and to the community to which he belongs, is under 
a responsibility to strive for the promotion and observance of 
the rights recognized in the present Covenant,

    Agree upon the following articles:

                                 Part I

                               article 1

    1. All peoples have the right of self-determination. By 
virtue of that right they freely determine their political 
status and freely pursue their economic, social and cultural 
development.
    2. All peoples may, for their own ends, freely dispose of 
their natural wealth and resources without prejudice to any 
obligations arising out of international economic co-operation, 
based upon the principle of mutual benefit, and international 
law. In no case may a people be deprived of its own means of 
subsistence.
    3. The States Parties to the present Covenant, including 
those having responsibility for the administration of Non-Self-
Governing and Trust Territories, shall promote the realization 
of the right of self-determination, and shall respect that 
right, in conformity with the provisions of the Charter of the 
United Nations.

                                Part II

                               article 2

    1. Each State Party to the present Covenant undertakes to 
respect and to ensure to all individuals within its territory 
and subject to its jurisdiction the rights recognized in the 
present Covenant, without distinction of any kind, such as 
race, colour, sex, language, religion, political or other 
opinion, national or social origin, property, birth or other 
status.
    2. Where not already provided for by existing legislative 
or other measures, each State Party to the present Covenant 
undertakes to take the necessary steps, in accordance with its 
constitutional processes and with the provisions of the present 
Covenant, to adopt such legislative or other measures as may be 
necessary to give effect to the rights recognized in the 
present Covenant.
    3. Each State Party to the present Covenant undertakes:
          (a) To ensure that any person whose rights or 
        freedoms as herein recognized are violated shall have 
        an effective remedy, notwithstanding that the violation 
        has been committed by persons acting in an official 
        capacity;
          (b) To ensure that any person claiming such a remedy 
        shall have his right thereto determined by competent 
        judicial, administrative or legislative authorities, or 
        by any other competent authority provided for by the 
        legal system of the State, and to develop the 
        possibilities of judicial remedy;
          (c) To ensure that the competent authorities shall 
        enforce such remedies when granted.

                               article 3

    The States Parties to the present Covenant undertake to 
ensure the equal right of men and women to the enjoyment of all 
civil and political rights set forth in the present Covenant.

                               article 4

    1. In time of public emergency which threatens the life of 
the nation and the existence of which is officially proclaimed, 
the States Parties to the present Covenant may take measures 
derogating from their obligations under the present Covenant to 
the extent strictly required by the exigencies of the 
situation, provided that such measures are not inconsistent 
with their other obligations under international law and do not 
involve discrimination solely on the ground of race, colour, 
sex, language, religion or social origin.
    2. No derogation from articles 6, 7, 8 (paragraphs 1 and 
2), 11, 15, 16 and 18 may be made under this provision.
    3. Any State Party to the present Covenant availing itself 
of the right of derogation shall immediately inform the other 
States Parties to the present Covenant, through the 
intermediary of the Secretary-General of the United Nations, of 
the provisions from which it has derogated and of the reasons 
by which it was actuated. A further communication shall be 
made, through the same intermediary, on the date on which it 
terminates such derogation.

                               article 5

    1. Nothing in the present Covenant may be interpreted as 
implying for any State, group or person any right to engage in 
any activity or perform any act aimed at the destruction of any 
of the rights and freedoms recognized herein or at their 
limitation to a greater extent than is provided for in the 
present Covenant.
    2. There shall be no restriction upon or derogation from 
any of the fundamental human rights recognized or existing in 
any State Party to the present Covenant pursuant to law, 
conventions, regulations or custom on the pretext that the 
present Covenant does not recognize such rights or that it 
recognizes them to a lesser extent.

                                Part III

                               article 6

    1. Every human being has the inherent right to life. This 
right shall be protected by law. No one shall be arbitrarily 
deprived of his life.
    2. In countries which have not abolished the death penalty, 
sentence of death may be imposed only for the most serious 
crimes in accordance with the law in force at the time of the 
commission of the crime and not contrary to the provisions of 
the present Covenant and to the Convention on the Prevention 
and Punishment of the Crime of Genocide. This penalty can only 
be carried out pursuant to a final judgement rendered by a 
competent court.
    3. When deprivation of life constitutes the crime of 
genocide, it is understood that nothing in this article shall 
authorize any State Party to the present Covenant to derogate 
in any way from any obligation assumed under the provisions of 
the Convention on the Prevention and Punishment of the Crime of 
Genocide.
    4. Anyone sentenced to death shall have the right to seek 
pardon or commutation of the sentence. Amnesty, pardon or 
commutation of the sentence of death may be granted in all 
cases.
    5. Sentence of death shall not be imposed for crimes 
committed by persons below eighteen years of age and shall not 
be carried out on pregnant women.
    6. Nothing in this article shall be invoked to delay or to 
prevent the abolition of capital punishment by any State Party 
to the present Covenant.

                               article 7

    No one shall be subjected to torture or to cruel, inhuman 
or degrading treatment or punishment. In particular, no one 
shall be subjected without his free consent to medical or 
scientific experimentation.

                               article 8

    1. No one shall be held in slavery; slavery and the slave-
trade in all their forms shall be prohibited.
    2. No one shall be held in servitude.
    3. (a) No one shall be required to perform forced or 
compulsory labour;
    (b) Paragraph 3(a) shall not be held to preclude, in 
countries where imprisonment with hard labour may be imposed as 
a punishment for a crime, the performance of hard labour in 
pursuance of a sentence to such punishment by a competent 
court;
    (c) For the purpose of this paragraph the term ``forced or 
compulsory labour'' shall not include:
          (i) Any work or service, not referred to in sub-
        paragraph (b), normally required of a person who is 
        under detention in consequence of a lawful order of a 
        court, or of a person during conditional release from 
        such detention;
          (ii) Any service of a military character and, in 
        countries where conscientious objection is recognized, 
        any national service required by law of conscientious 
        objectors;
          (iii) Any service exacted in cases of emergency or 
        calamity threatening the life or well-being of the 
        community;
          (iv) Any work or service which forms part of normal 
        civil obligations.

                               article 9

    1. Everyone has the right to liberty and security of 
person. No one shall be subjected to arbitrary arrest or 
detention. No one shall be deprived of his liberty except on 
such grounds and in accordance with such procedure as are 
established by law.
    2. Anyone who is arrested shall be informed, at the time of 
arrest, of the reasons for his arrest and shall be promptly 
informed of any charges against him.
    3. Anyone arrested or detained on a criminal charge shall 
be brought promptly before a judge or other officer authorized 
by law to exercise judicial power and shall be entitled to 
trial within a reasonable time or to release. It shall not be 
the general rule that persons awaiting trial shall be detained 
in custody, but release may be subject to guarantees to appear 
for trial, at any other stage of the judicial proceedings, and, 
should occasion arise, for execution of the judgement.
    4. Anyone who is deprived of his liberty by arrest or 
detention shall be entitled to take proceedings before a court, 
in order that that court may decide without delay on the 
lawfulness of his detention and order his release if the 
detention is not lawful.
    5. Anyone who has been the victim of unlawful arrest or 
detention shall have an enforceable right to compensation.

                               article 10

    1. All persons deprived of their liberty shall be treated 
with humanity and with respect for the inherent dignity of the 
human person.
    2. (a) Accused persons shall, save in exceptional 
circumstances, be segregated from convicted persons and shall 
be subject to separate treatment appropriate to their status as 
unconvicted persons;
    (b) Accused juvenile persons shall be separated from adults 
and brought as speedily as possible for adjudication.
    3. The penitentiary system shall comprise treatment of 
prisoners the essential aim of which shall be their reformation 
and social rehabilitation. Juvenile offenders shall be 
segregated from adults and be accorded treatment appropriate to 
their age and legal status.

                               article 11

    No one shall be imprisoned merely on the ground of 
inability to fulfill a contractual obligation.

                               article 12

    1. Everyone lawfully within the territory of a State shall, 
within that territory, have the right to liberty of movement 
and freedom to choose his residence.
    2. Everyone shall be free to leave any country, including 
his own.
    3. The above-mentioned rights shall not be subject to any 
restrictions except those which are provided by law, are 
necessary to protect national security, public order (ordre 
public), public health or morals or the rights and freedoms of 
others, and are consistent with the other rights recognized in 
the present Covenant.
    4. No one shall be arbitrarily deprived of the right to 
enter his own country.

                               article 13

    An alien lawfully in the territory of a State Party to the 
present Covenant may be expelled therefrom only in pursuance of 
a decision reached in accordance with law and shall, except 
where compelling reasons of national security otherwise 
require, be allowed to submit the reasons against his expulsion 
and to have his case reviewed by, and be represented for the 
purpose before, the competent authority or a person or persons 
especially designated by the competent authority.

                               article 14

    1. All persons shall be equal before the courts and 
tribunals. In the determination of any criminal charge against 
him, or of his rights and obligations in a suit at law, 
everyone shall be entitled to a fair and public hearing by a 
competent, independent and impartial tribunal established by 
law. The Press and the public may be excluded from all or part 
of a trial for reasons of morals, public order (ordre public) 
or national security in a democratic society, or when the 
interest of the private lives of the parties so requires, or to 
the extent strictly necessary in the opinion of the court in 
special circumstances where publicity would prejudice the 
interests of justice; but any judgement rendered in a criminal 
case or in a suit at law shall be made public except where the 
interest of juvenile persons otherwise requires or the 
proceedings concern matrimonial disputes or the guardianship of 
children.
    2. Everyone charged with a criminal offence shall have the 
right to be presumed innocent until proved guilty according to 
law.
    3. In the determination of any criminal charge against him, 
everyone shall be entitled to the following minimum guarantees, 
in full equality:
          (a) To be informed promptly and in detail in a 
        language which he understands of the nature and cause 
        of the charge against him;
          (b) To have adequate time and facilities for the 
        preparation of his defence and to communicate with 
        counsel of his own choosing;
          (c) To be tried without undue delay;
          (d) To be tried in his presence, and to defend 
        himself in person or through legal assistance of his 
        own choosing; to be informed, if he does not have legal 
        assistance, of this right; and to have legal assistance 
        assigned to him, in any case where the interests of 
        justice so require, and without payment by him in any 
        such case if he does not have sufficient means to pay 
        for it;
          (e) To examine, or have examined, the witnesses 
        against him and to obtain the attendance and 
        examination of witnesses on his behalf under the same 
        conditions as witnesses against him;
          (f) To have the free assistance of an interpreter if 
        he cannot understand or speak the language used in 
        court;
          (g) Not to be compelled to testify against himself or 
        to confess guilt.
    4. In the case of juvenile persons, the procedure shall be 
such as will take account of their age and the desirability of 
promoting their rehabilitation.
    5. Everyone convicted of a crime shall have the right to 
his conviction and sentence being reviewed by a higher tribunal 
according to law.
    6. When a person has by a final decision been convicted of 
a criminal offence and when subsequently his conviction has 
been reversed or he has been pardoned on the ground that a new 
or newly discovered fact shows conclusively that there has been 
a miscarriage of justice, the person who has suffered 
punishment as a result of such conviction shall be compensated 
according to law, unless it is proved that the non-disclosure 
of the unknown fact in time is wholly or partly attributable to 
him.
    7. No one shall be liable to be tried or punished again for 
an offence for which he has already been finally convicted or 
acquitted in accordance with the law and penal procedure of 
each country.

                               article 15

    1. No one shall be held guilty of any criminal offence on 
account of any act or omission which did not constitute a 
criminal offence, under national or international law, at the 
time when it was committed. Nor shall a heavier penalty be 
imposed than the one that was applicable at the time when the 
criminal offence was committed. If, subsequent to the 
commission of the offence, provision is made by law for the 
imposition of a lighter penalty, the offender shall benefit 
thereby.
    2. Nothing in this article shall prejudice the trial and 
punishment of any person for any act or omission which, at the 
time when it was committed, was criminal according to the 
general principles of law recognized by the community of 
nations.

                               article 16

    Everyone shall have the right to recognition everywhere as 
a person before the law.

                               article 17

    1. No one shall be subjected to arbitrary or unlawful 
interference with his privacy, family, home or correspondence, 
nor to unlawful attacks on his honour and reputation.
    2. Everyone has the right to the protection of the law 
against such interference or attacks.

                               article 18

    1. Everyone shall have the right to freedom of thought, 
conscience and religion. This right shall include freedom to 
have or to adopt a religion or belief of his choice, and 
freedom, either individually or in community with others and in 
public or private to manifest his religion or belief in 
worship, observance, practice and teaching.
    2. No one shall be subject to coercion which would impair 
his freedom to have or to adopt a religion or belief of his 
choice.
    3. Freedom to manifest one's religion or beliefs may be 
subject only to such limitations as are prescribed by law and 
are necessary to protect public safety, order, health, or 
morals or the fundamental rights and freedoms of others.
    4. The States Parties to the present Covenant undertake to 
have respect for the liberty of parents and, when applicable, 
legal guardians to ensure the religious and moral education of 
their children in conformity with their own convictions.

                               article 19

    1. Everyone shall have the right to hold opinions without 
interference.
    2. Everyone shall have the right to freedom of expression; 
this right shall include freedom to seek, receive and impart 
information and ideas of all kinds, regardless of frontiers, 
either orally, in writing or in print, in the form of art, or 
through any other media of his choice.
    3. The exercise of the rights provided for in paragraph 2 
of this article carries with it special duties and 
responsibilities. It may therefore be subject to certain 
restrictions, but these shall only be such as are provided by 
law and are necessary:
          (a) For respect of the rights or reputations of 
        others;
          (b) For the protection of national security or of 
        public order (ordre public), or of public health or 
        morals.

                               article 20

    1. Any propaganda for war shall be prohibited by law.
    2. Any advocacy of national, racial or religious hatred 
that constitutes incitement to discrimination, hostility or 
violence shall be prohibited by law.

                               article 21

    The right of peaceful assembly shall be recognized. No 
restrictions may be placed on the exercise of this right other 
than those imposed in conformity with the law and which are 
necessary in a democratic society in the interests of national 
security or public safety, public order (ordre public), the 
protection of public health or morals or the protection of the 
rights and freedoms of others.

                               article 22

    1. Everyone shall have the right to freedom of association 
with others, including the right to form and join trade unions 
for the protection of his interests.
    2. No restrictions may be placed on the exercise of this 
right other than those which are prescribed by law and which 
are necessary in a democratic society in the interests of 
national security or public safety, public order (ordre 
public), the protection of public health or morals or the 
protection of the rights and freedoms of others. This Article 
shall not prevent the imposition of lawful restrictions on 
members of the armed forces and of the police in their exercise 
of this right.
    3. Nothing in this article shall authorize States Parties 
to the International Labour Organisation Convention of 1948 
concerning Freedom of Association and Protection of the Right 
to Organize to take legislative measures which would prejudice, 
or to apply the law in such a manner as to prejudice, the 
guarantees provided for in that Convention.

                               article 23

    1. The family is the natural and fundamental group unit of 
society and is entitled to protection by society and the State.
    2. The right of men and women of marriageable age to marry 
and to found a family shall be recognized.
    3. No marriage shall be entered into without the free and 
full consent of the intending spouses.
    4. States Parties to the present Covenant shall take 
appropriate steps to ensure equality of rights and 
responsibilities of spouses as to marriage, during marriage and 
at its dissolution. In the case of dissolution, provision shall 
be made for the necessary protection of any children.

                               article 24

    1. Every child shall have, without any discrimination as to 
race, colour, sex, language, religion, national or social 
origin, property or birth, the right to such measures of 
protection as are required by his status as a minor, on the 
part of his family, society and the State.
    2. Every child shall be registered immediately after birth 
and shall have a name.
    3. Every child has the right to acquire a nationality.

                               article 25

    Every citizen shall have the right and the opportunity, 
without any of the distinctions mentioned in article 2 and 
without unreasonable restrictions:
          (a) To take part in the conduct of public affairs, 
        directly or through freely chosen representatives;
          (b) To vote and to be elected at genuine periodic 
        elections which shall be by universal and equal 
        suffrage and shall be held by secret ballot, 
        guaranteeing the free expression of the will of the 
        electors;
          (c) To have access, on general terms of equality, to 
        public service in his country.

                               article 26

    All persons are equal before the law and are entitled 
without any discrimination to the equal protection of the law. 
In this respect, the law shall prohibit any discrimination and 
guarantee to all persons equal and effective protection against 
discrimination on any ground such as race, colour, sex, 
language, religion, political or other opinion, national or 
social origin, property, birth or other status.

                               article 27

    In those States in which ethnic, religious or linguistic 
minorities exist, persons belonging to such minorities shall 
not be denied the right, in community with the other members of 
their group, to enjoy their own culture, to profess and 
practice their own religion, or to use their own language.

                                Part IV

                               article 28

    1. There shall be established a Human Rights Committee 
(hereafter referred to in the present Covenant as the 
Committee). It shall consist of eighteen members and shall 
carry out the functions hereinafter provided.
    2. The Committee shall be composed of nationals of the 
States Parties to the present Covenant who shall be persons of 
high moral character and recognized competence in the field of 
human rights, consideration being given to the usefulness of 
the participation of some persons having legal experience.
    3. The members of the Committee shall be elected and shall 
serve in their personal capacity.

                               article 29

    1. The members of the Committee shall be elected by secret 
ballot from a list of persons possessing the qualifications 
prescribed in article 28 and nominated for the purpose by the 
States Parties to the present Covenant.
    2. Each State Party to the present Covenant may nominate 
not more than two persons. These persons shall be nationals of 
the nominating State.
    3. A person shall be eligible for renomination.

                               article 30

    1. The initial election shall be held no later than six 
months after the date of the entry into force of the presented 
Covenant.
    2. At least four months before the date of each election to 
the Committee, other than an election to fill a vacancy 
declared in accordance with article 34, the Secretary-General 
of the United Nations shall address a written invitation to the 
States Parties to the present Covenant to submit their 
nominations for membership of the Committee within three 
months.
    3. The Secretary-General of the United Nations shall 
prepare a list in alphabetical order of all the persons thus 
nominated, with an indication of the States Parties which have 
nominated them, and shall submit it to the States Parties to 
the present Covenant no later than one month before the date of 
each election.
    4. Elections of the members of the Committee shall be held 
at a meeting of the States Parties to the present Covenant 
convened by the Secretary-General of the United Nations at the 
Headquarters of the United Nations. At that meeting, for which 
two thirds of the States Parties to the present Covenant shall 
constitute a quorum, the persons elected to the Committee shall 
be those nominees who obtain the largest number of votes and an 
absolute majority of the votes of the representatives of States 
Parties present and voting.

                               article 31

    1. The Committee may not include more than one national of 
the same State.
    2. In the election of the Committee, consideration shall be 
given to equitable geographical distribution of membership and 
to the representation of the different forms of civilization 
and of the principal legal systems.

                               article 32

    1. The members of the Committee shall be elected for a term 
of four years. They shall be eligible for re-election if 
renominated. However, the terms of nine of the members elected 
at the first election shall expire at the end of two years; 
immediately after the first election, the names of these nine 
members shall be chosen by lot by the Chairman of the meeting 
referred to in article 30, paragraph 4.
    2. Elections at the expiry of office shall be held in 
accordance with the preceding articles of this part of the 
present Covenant.

                               article 33

    1. If, in the unanimous opinion of the other members, a 
member of the Committee has ceased to carry out his functions 
for any cause other than absence of a temporary character, the 
Chairman of the Committee shall notify the Secretary-General of 
the United Nations, who shall then declare the seat of that 
member to be vacant.
    2. In the event of the death or the resignation of a member 
of the Committee, the Chairman shall immediately notify the 
Secretary-General of the United Nations, who shall declare the 
seat vacant from the date of death or the date on which the 
resignation takes effect.

                               article 34

    1. When a vacancy is declared in accordance with article 33 
and if the term of office of the member to be replaced does not 
expire within six months of the declaration of the vacancy, the 
Secretary-General of the United Nations shall notify each of 
the States Parties to the present Covenant, which may within 
two months submit nominations in accordance with article 29 for 
the purpose of filling the vacancy.
    2. The Secretary-General of the United Nations shall 
prepare a list in alphabetical order of the persons thus 
nominated and shall submit it to the States Parties to the 
present Covenant. The election to fill the vacancy shall then 
take place in accordance with the relevant provisions of this 
part of the present Covenant.
    3. A member of the Committee elected to fill a vacancy 
declared in accordance with article 33 shall hold office for 
the remainder of the term of the member who vacated the seat on 
the Committee under the provisions of that article.

                               article 35

    The members of the Committee shall, with the approval of 
the General Assembly of the United Nations, receive emoluments 
from United Nations resources on such terms and conditions as 
the General Assembly may decide, having regard to the 
importance of the Committee's responsibilities.

                               article 36

    The Secretary-General of the United Nations shall provide 
the necessary staff and facilities for the effective 
performance of the functions of the Committee under the present 
Covenant.

                               article 37

    1. The Secretary-General of the United Nations shall 
convene the initial meeting of the Committee at the 
Headquarters of the United Nations.
    2. After its initial meeting, the Committee shall meet at 
such times as shall be provided in its rules of procedure.
    3. The Committee shall normally meet at the Headquarters of 
the United Nations or at the United Nations Office at Geneva.

                               article 38

    Every member of the Committee shall, before taking up his 
duties, make a solemn declaration in open committee that he 
will perform his functions impartially and conscientiously.

                               article 39

    1. The Committee shall elect its officers for a term of two 
years. They may be re-elected.
    2. The Committee shall establish its own rules of 
procedure, but these rules shall provide, inter alia, that:
          (a) Twelve members shall constitute a quorum;
          (b) Decisions of the Committee shall be made by a 
        majority vote of the members present.

                               article 40

    1. The States Parties to the present Covenant undertake to 
submit reports on the measures they have adopted which give 
effect to the rights recognized herein and on the progress made 
in the enjoyment of those rights:
          (a) Within one year of the entry into force of the 
        present Covenant for the States Parties concerned;
          (b) Thereafter whenever the Committee so requests.
    2. All reports shall be submitted to the Secretary-General 
of the United Nations, who shall transmit them to the Committee 
for consideration. Reports shall indicate the factors and 
difficulties, if any, affecting the implementation of the 
present Covenant.
    3. The Secretary-General of the United Nations may, after 
consultation with the Committee, transmit to the specialized 
agencies concerned copies of such parts of the reports as may 
fall within their field of competence.
    4. The Committee shall study the reports submitted by the 
States Parties to the present Covenant. It shall transmit its 
reports, and such general comments as it may consider 
appropriate, to the States Parties. The Committee may also 
transmit to the Economic and Social Council these comments 
along with the copies of the reports it has received from 
States Parties to the present Covenant.
    5. The States Parties to the present Covenant may submit to 
the Committee observations on any comments that may be made in 
accordance with paragraph 4 of this article.

                               article 41

    1. A State Party to the present Covenant may at any time 
declare under this article that it recognizes the competence of 
the Committee to receive and consider communications to the 
effect that a State Party claims that another State Party is 
not fulfilling its obligations under the present Covenant. 
Communications under this article may be received and 
considered only if submitted by a State Party which has made a 
declaration recognizing in regard to itself the competence of 
the Committee. No communication shall be received by the 
Committee if it concerns a State Party which has not made such 
a declaration. Communications received under this article shall 
be dealt with in accordance with the following procedure:
          (a) If a State Party to the present Covenant 
        considers that another State Party is not giving effect 
        to the provisions of the present Covenant, it may, by 
        written communication, bring the matter to the 
        attention of that State Party. Within three months 
        after the receipt of the communication, the receiving 
        State shall afford the State which sent the 
        communication an explanation or any other statement in 
        writing clarifying the matter, which should include, to 
        the extent possible and pertinent, reference to 
        domestic procedures and remedies taken, pending, or 
        available in the matter.
          (b) If the matter is not adjusted to the satisfaction 
        of both States Parties concerned within six months 
        after the receipt by the receiving State of the initial 
        communication, either State shall have the right to 
        refer the matter to the Committee, by notice given to 
        the Committee and to the other State.
          (c) The Committee shall deal with a matter referred 
        to it only after it has ascertained that all available 
        domestic remedies have been invoked and exhausted in 
        the matter, in conformity with the generally recognized 
        principles of international law. This shall not be the 
        rule where the application of the remedies is 
        unreasonably prolonged.
          (d) The Committee shall hold closed meetings when 
        examining communications under this article.
          (e) Subject to the provisions of sub-paragraph (c), 
        the Committee shall make available its good offices to 
        the States Parties concerned with a view to a friendly 
        solution of the matter on the basis of respect for 
        human rights and fundamental freedoms as recognized in 
        the present Covenant.
          (f) In any matter referred to it, the Committee may 
        call upon the States Parties concerned, referred to in 
        sub-paragraph (b), to supply any relevant information.
          (g) The States Parties concerned, referred to in sub-
        paragraph (b), shall have the right to be represented 
        when the matter is being considered in the Committee 
        and to make submissions orally and/or in writing.
          (h) The Committee shall, within twelve months after 
        the date of receipt of notice under sub-paragraph (b), 
        submit a report:
                  (i) If a solution within the terms of sub-
                paragraph (e) is reached, the Committee shall 
                confine its report to a brief statement of the 
                facts and of the solution reached;
                  (ii) If a solution within the terms of sub-
                paragraph (e) is not reached, the Committee 
                shall confine its report to a brief statement 
                of the facts; the written submissions and 
                record of the oral submissions made by the 
                States Parties concerned shall be attached to 
                the report.
In every matter, the report shall be communicated to the States 
Parties concerned.
    2. The provisions of this article shall come into force 
when ten States Parties to the present Covenant have made 
declarations under paragraph 1 of this article. Such 
declarations shall be deposited by the States Parties with the 
Secretary-General of the United Nations, who shall transmit 
copies thereof to the other States Parties. A declaration may 
be withdrawn at any time by notification to the Secretary-
General. Such a withdrawal shall not prejudice the 
consideration of any matter which is the subject of a 
communication already transmitted under this article; no 
further communication by any State Party shall be received 
after the notification of withdrawal of the declaration has 
been received by the Secretary-General, unless the State Party 
concerned has made a new declaration.

                               article 42

    1. (a) If a matter referred to the Committee in accordance 
with article 41 is not resolved to the satisfaction of the 
States Parties concerned, the Committee may, with the prior 
consent of the States Parties concerned, appoint an ad hoc 
Conciliation Commission (hereinafter referred to as the 
Commission). The good offices of the Commission shall be made 
available to the States Parties concerned with a view to an 
amicable solution of the matter on the basis of respect for the 
present Covenant;
    (b) The Commission shall consist of five persons acceptable 
to the States Parties concerned. If the States Parties 
concerned fail to reach agreement within three months on all or 
part of the composition of the Commission the members of the 
Commission concerning whom no agreement has been reached shall 
be elected by secret ballot by a two-thirds majority vote of 
the Committee from among its members.
    2. The members of the Commission shall serve in their 
personal capacity. They shall not be nationals of the States 
Parties concerned, or of a State not party to the present 
Covenant, or of a State Party which has not made a declaration 
under article 41.
    3. The Commission shall elect its own Chairman and adopt 
its own rules of procedure.
    4. The meetings of the Commission shall normally be held at 
the Headquarters of the United Nations or at the United Nations 
Office at Geneva. However, they may be held at such other 
convenient places as the Commission may determine in 
consultation with the Secretary-General of the United Nations 
and the States Parties concerned.
    5. The secretariat provided in accordance with article 36 
shall also service the commissions appointed under this 
article.
    6. The information received and collated by the Committee 
shall be made available to the Commission and the Commission 
may call upon the States Parties concerned to supply any other 
relevant information.
    7. When the Commission has fully considered the matter, but 
in any event not later than twelve months after having been 
seized of the matter, it shall submit to the Chairman of the 
Committee a report for communication to the States Parties 
concerned.
          (a) If the Commission is unable to complete its 
        consideration of the matter within twelve months, it 
        shall confine its report to a brief statement of the 
        status of its consideration of the matter;
          (b) If an amicable solution to the matter on the 
        basis of respect for human rights as recognized in the 
        present Covenant is reached, the Commission shall 
        confine its report to a brief statement of the facts 
        and of the solution reached.
          (c) If a solution within the terms of sub-paragraph 
        (b) is not reached, the Commission's report shall 
        embody its findings on all questions of fact relevant 
        to the issues between the States Parties concerned, and 
        its views on the possibilities of an amicable solution 
        of the matter. This report shall also contain the 
        written submissions and a record of the oral 
        submissions made by the States Parties concerned.
          (d) If the Commission's report is submitted under 
        sub-paragraph (c), the States Parties concerned shall, 
        within three months of the receipt of the report, 
        notify the Chairman of the Committee whether or not 
        they accept the contents of the report of the 
        Commission.
    8. The provisions of this article are without prejudice to 
the responsibilities of the Committee under article 41.
    9. The States Parties concerned shall share equally all the 
expenses of the members of the Commission in accordance with 
estimates to be provided by the Secretary-General of the United 
Nations.
    10. The Secretary-General of the United Nations shall be 
empowered to pay the expenses of the members of the Commission, 
if necessary, before reimbursement by the States Parties 
concerned, in accordance with paragraph 9 of this article.

                               article 43

    The members of the Committee, and of the ad hoc 
conciliation commissions which may be appointed under article 
42, shall be entitled to the facilities, privileges and 
immunities of experts on mission for the United Nations as laid 
down in the relevant sections of the Convention on the 
Privileges and Immunities of the United Nations.

                               article 44

    The provisions for the implementation of the present 
Covenant shall apply without prejudice to the procedures 
prescribed in the field of human rights by or under the 
constituent instruments and the conventions of the United 
Nations and of the specialized agencies and shall not prevent 
the States Parties to the present Covenant from having recourse 
to other procedures for settling a dispute in accordance with 
general or special international agreements in force between 
them.

                               article 45

    The Committee shall submit to the General Assembly of the 
United Nations through the Economic and Social Council, an 
annual report on its activities.

                                 Part V

                               article 46

    Nothing in the present Covenant shall be interpreted as 
impairing the provisions of the Charter of the United Nations 
and of the constitutions of the specialized agencies which 
define the respective responsibilities of the various organs of 
the United Nations and of the specialized agencies in regard to 
the matters dealt with in the present Covenant.

                               article 47

    Nothing in the present Covenant shall be interpreted as 
impairing the inherent right of all peoples to enjoy and 
utilize fully and freely their natural wealth and resources.

                                Part VI

                               article 48

    1. The present Covenant is open for signature by any State 
Member of the United Nations or member of any of its 
specialized agencies, by any State Party to the Statute of the 
International Court of Justice, and by any other State which 
has been invited by the General Assembly of the United Nations 
to become a party to the present Covenant.
    2. The present Covenant is subject to ratification. 
Instruments of ratification shall be deposited with the 
Secretary-General of the United Nations.
    3. The present Covenant shall be open to accession by any 
State referred to in paragraph 1 of this article.
    4. Accession shall be effected by the deposit of an 
instrument of accession with the Secretary-General of the 
United Nations.
    5. The Secretary-General of the United Nations shall inform 
all States which have signed this Covenant or acceded to it of 
the deposit of each instrument of ratification or accession.

                               article 49

    1. The present Covenant shall enter into force three months 
after the date of the deposit with the Secretary-General of the 
United Nations of the thirty-fifth instrument of ratification 
or instrument of accession.
    2. For each State ratifying the present Covenant or 
acceding to it after the deposit of the thirty-fifth instrument 
of ratification or instrument of accession, the present 
Covenant shall enter into force three months after the date of 
the deposit of its own instrument of ratification or instrument 
of accession.

                               article 50

    The provisions of the present Covenant shall extend to all 
parts of federal States without any limitations or exceptions.

                               article 51

    1. Any State Party to the present Covenant may propose an 
amendment and file it with the Secretary-General of the United 
Nations. The Secretary-General of the United Nations shall 
thereupon communicate any proposed amendments to the States 
Parties to the present Covenant with a request that they notify 
him whether they favour a conference of States Parties for the 
purpose of considering and voting upon the proposals. In the 
event that at least one third of the States Parties favours 
such a conference, the Secretary-General shall convene the 
conference under the auspices of the United Nations. Any 
amendment adopted by a majority of the States Parties present 
and voting at the conference shall be submitted to the General 
Assembly of the United Nations for approval.
    2. Amendments shall come into force when they have been 
approved by the General Assembly of the United Nations and 
accepted by a two-thirds majority of the States Parties to the 
present Covenant in accordance with their respective 
constitutional processes.
    3. When amendments come into force, they shall be binding 
on those States Parties which have accepted them, other States 
Parties still being bound by the provisions of the present 
Covenant and any earlier amendment which they have accepted.

                               article 52

    Irrespective of the notifications made under article 48, 
paragraph 5, the Secretary-General of the United Nations shall 
inform all States referred to in paragraph 1 of the same 
article of the following particulars:
          (a) Signatures, ratifications and accessions under 
        article 48;
          (b) The date of the entry into force of the present 
        Covenant under article 49 and the date of the entry 
        into force of any amendments under article 51.

                               article 53

    1. The present Covenant, of which the Chinese, English, 
French, Russian and Spanish texts are equally authentic, shall 
be deposited in the archives of the United Nations.
    2. The Secretary-General of the United Nations shall 
transmit certified copies of the present Covenant to all States 
referred to in article 48.

    In Faith Whereof the undersigned, being duly authorized 
thereto by their respective Governments, have signed the 
present Covenant, opened for signature at New York, on the 
nineteenth day of December, one thousand nine hundred and 
sixty-six.
 5. ILO Convention No. 105 Concerning the Abolition of Forced Labor \1\

     Adopted at the 40th session of the General Conference of the 
 International Labor Organization, Geneva, June 25, 1957; Entered into 
force generally, January 17, 1959; Ratification advised by the Senate, 
 May 14, 1991; Entered into force for the United States, September 25, 
                                  1992

    The General Conference of the International Labour 
Organisation,
---------------------------------------------------------------------------
    \1\ 320 UNTS 291. For a list of states that are parties, see 
Department of State publication, Treaties in Force.
---------------------------------------------------------------------------
    Having been convened at Geneva by the Governing Body of the 
International Labour Office, and having met in its fortieth 
session on 5 June 1957, and
    Having considered the question of forced labour, which is 
the fourth item on the agenda of the session, and
    Having noted the provisions of the Forced Labour 
Convention, 1930, and
    Having noted that the Slavery Convention, 1926, provides 
that all necessary measures shall be taken to prevent 
compulsory or forced labour from developing into conditions 
analogous to slavery and that the Supplementary Convention on 
the Abolition of Slavery, the Slave Trade, and Institutions and 
Practices Similar to Slavery, 1956, provides for the complete 
abolition of debt bondage and serfdom, and
    Having noted that the Protection of Wages Convention, 1949, 
provides that wages shall be paid regularly and prohibits 
methods of payment which deprive the worker of a genuine 
possibility of terminating his employment, and
    Having decided upon the adoption of further proposals with 
regard to the abolition of certain forms of forced or 
compulsory labour constituting a violation of the rights of man 
referred to in the Charter of the United Nations and enunciated 
by the Universal Declaration of Human Rights, and
    Having determined that these proposals shall take the form 
of an international Convention,
    Adopts this twenty-fifth day of June of the year one 
thousand nine hundred and fifty-seven the following Convention, 
which may be cited as the Abolition of Forced Labour 
Convention, 1957:

                               Article 1

    Each Member of the International Labour Organisation which 
ratifies this Convention undertakes to suppress and not to make 
use of any form of forced or compulsory labour:
          (a) As a means of political coercion or education or 
        as a punishment for holding or expressing political 
        views or views ideologically opposed to the established 
        political, social or economic system;
          (b) As a method of mobilising and using labour for 
        purposes of economic development;
          (c) As a means of labour discipline;
          (d) As a punishment for having participated in 
        strikes;
          (e) As a means of racial, social, national or 
        religious discrimination.

                               Article 2

    Each Member of the International Labour Organisation which 
ratifies this Convention undertakes to take effective measures 
to secure the immediate and complete abolition of forced or 
compulsory labour as specified in article 1 of this Convention.

                               Article 3

    The formal ratifications of this Convention shall be 
communicated to the Director-General of the International 
Labour Office for registration.

                               Article 4

    1. This Convention shall be binding only upon those Members 
of the International Labour Organisation whose ratifications 
have been registered with the Director-General.
    2. It shall come into force twelve months after the date on 
which the ratifications of two Members have been registered 
with the Director-General.
    3. Thereafter, this Convention shall come into force for 
any Member twelve months after the date on which its 
ratification has been registered.

                               Article 5

    1. A Member which has ratified this Convention may denounce 
it after the expiration of ten years from the date on which the 
Convention first comes into force, by an act communicated to 
the Director-General of the International Labour Office for 
registration. Such denunciation shall not take effect until one 
year after the date on which it is registered.
    2. Each Member which has ratified this Convention and which 
does not, within the year following the expiration of the 
period of ten years mentioned in the preceding paragraph, 
exercise the right of denunciation provided for in this 
article, will be bound for another period of five years and, 
thereafter, may denounce this Convention at the expiration of 
each period of five years under the terms provided for in this 
article.

                               Article 6

    1. The Director-General of the International Labour Office 
shall notify all Members of the International Labour 
Organisation of the registration of all ratifications and 
denunciations communicated to him by the Members of the 
Organisation.
    2. When notifying the Members of the Organisation of the 
registration of the second ratification communicated to him the 
Director-General shall draw the attention of the Members of the 
Organisation to the date upon which the Convention will come 
into force.

                               Article 7

    The Director-General of the International Labour Office 
shall communicate to the Secretary-General of the United 
Nations for registration in accordance with Article 102 of the 
Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in 
accordance with the provisions of the preceding articles.

                               Article 8

    At such times as it may consider necessary the Governing 
Body of the International Labour Office shall present to the 
General Conference a report on the working of the Convention 
and shall examine the desirability of placing on the agenda of 
the Conference the question of its revision in whole or in 
part.
    1. Should the Conference adopt a new Convention revising 
this Convention in whole or in part, then, unless the new 
Convention otherwise provides:
          (a) The ratification by a Member of the new revising 
        Convention shall ipso jure involve the immediate 
        denunciation of this Convention, notwithstanding the 
        provisions of article 5 above, if and when the new 
        revising Convention shall have come into force;
          (b) As from the date when the new revising Convention 
        comes into force this Convention shall cease to be open 
        to ratification by the Members.
    2. This Convention shall in any case remain in force in its 
actual form and content for those Members which have ratified 
it but have not ratified the revising Convention.

                             Article 10 \2\

    The English and French versions of the text of this 
Convention are equally authoritative.
---------------------------------------------------------------------------
    \2\ The Convention did not include an Article 9.
---------------------------------------------------------------------------
    The foregoing is the authentic text of the Convention duly 
adopted by the General Conference of the International Labour 
Organisation during its fortieth session which was held at 
Geneva and declared closed the twenty-seventh day of June 1957.

    In Faith Whereof we have appended our signatures this 
fourth day of July 1957.
   6. ILO Convention No. 144 Concerning Tripartite Consultations to 
    Promote the Implementation of International Labor Standards \1\

     Adopted at the 61st session of the General Conference of the 
 International Labor Organization, Geneva, June 21, 1976; Entered into 
  force generally, May 16, 1978; Ratification advised by the Senate, 
 February 1, 1988; Entered into force for the United States, June 15, 
                                  1989

    The General Conference of the International Labour 
Organisation,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.
---------------------------------------------------------------------------
    Having been convened at Geneva by the Governing Body of the 
International Labour Office, and having met in its Sixty-first 
Session on 2 June 1976, and
    Recalling the terms of existing international labour 
Conventions and Recommendations--in particular the Freedom of 
Association and Protection of the Right to Organise Convention, 
1948, the Right to Organise and Collective Bargaining 
Convention, 1949, and the Consultation (Industrial and National 
Levels) Recommendation, 1960--which affirm the right of 
employers and workers to establish free and independent 
Organisations and call for measures to promote effective 
consultation at the national level between public authorities 
and employers' and workers' Organisations, as well as the 
provisions of numerous international labour Conventions and 
Recommendations which provide for the consultation of 
employers' and workers' Organisations on measures to give 
effect thereto, and
    Having considered the fourth item on the agenda of the 
session which is entitled ``Establishment of tripartite 
machinery to promote the implementation of international labour 
standards'', and having decided upon the adoption of certain 
proposals concerning tripartite consultation to promote the 
implementation of international labour standards, and
    Having determined that these proposals shall take the form 
of an international Convention,
    adopts this twenty-first day of June of the year one 
thousand nine hundred and seventy-six the following Convention, 
which may be cited as the Tripartite Consultation 
(International Labour Standards) Convention, 1976:

                               Article 1

    In this Convention the term representative Organisations 
means the most representative Organisations of employers and 
workers enjoying the right of freedom of association.

                               Article 2

    1. Each Member of the International Labour Organisation 
which ratifies this Convention undertakes to operate procedures 
which ensure effective consultations, with respect to the 
matters concerning the activities of the International Labour 
Organisation set out in Article 5, paragraph 1, below, between 
representatives of the government, of employers and of workers.
    2. The nature and form of the procedures provided for in 
paragraph 1 of this Article shall be determined in each country 
in accordance with national practice, after consultation with 
the representative Organisations, where such Organisations 
exist and such procedures have not yet been established.

                               Article 3

    1. The representatives of employers and workers for the 
purposes of the procedures provided for in this Convention 
shall be freely chosen by their representative Organisations, 
where such Organisations exist.
    2. Employers and workers shall be represented on an equal 
footing on any bodies through which consultations are 
undertaken.

                               Article 4

    1. The competent authority shall assume responsibility for 
the administrative support of the procedures provided for in 
this Convention.
    2. Appropriate arrangements shall be made between the 
competent authority and the representative Organisations, where 
such Organisations exist, for the financing of any necessary 
training of participants in these procedures.

                               Article 5

    1. The purpose of the procedures provided for in this 
Convention shall be consultations on--
          (a) government replies to questionnaires concerning 
        items on the agenda of the International Labour 
        Conference and government comments on proposed texts to 
        be discussed by the Conference;
          (b) the proposals to be made to the competent 
        authority or authorities in connection with the 
        submission of Conventions and Recommendations pursuant 
        to article 19 of the Constitution of the International 
        Labour Organisation;
          (c) the re-examination at appropriate intervals of 
        unratified Conventions and of Recommendations to which 
        effect has not yet been given, to consider what 
        measures might be taken to promote their implementation 
        and ratification as appropriate;
          (d) questions arising out of reports to be made to 
        the International Labour Office under Article 22 of the 
        Constitution of the International Labour Organisation;
          (e) proposals for the denunciation of ratified 
        Conventions.
    2. In order to ensure adequate consideration of the matters 
referred to in paragraph 1 of this Article, consultation shall 
be undertaken at appropriate intervals fixed by agreement, but 
at least once a year.

                               Article 6

    When this is considered appropriate after consultation with 
the representative Organisations, where such Organisations 
exist, the competent authority shall issue an annual report on 
the working of the procedures provided for in this Convention.

                               Article 7

    The formal ratifications of this Convention shall be 
communicated to the Director-General of the International 
Labour Office for registration.

                               Article 8

    1. This Convention shall be binding only upon those Members 
of the International Labour Organisation whose ratifications 
have been registered with the Director-General.
    2. It shall come into force twelve months after the date on 
which the ratifications of two Members have been registered 
with the Director-General.
    3. Thereafter, this Convention shall come into force for 
any Member twelve months after the date on which its 
ratification has been registered.

                               Article 9

    1. A Member which has ratified this Convention may denounce 
it after the expiration of ten years from the date on which the 
Convention first comes into force, by an act communicated to 
the Director-General of the International Labour Office for 
registration. Such denunciation shall not take effect until one 
year after the date on which it is registered.
    2. Each Member which has ratified this Convention and which 
does not, within the year following the expiration of the 
period of ten years mentioned in the preceding paragraph, 
exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, 
thereafter, may denounce this Convention at the expiration of 
each period of ten years under the terms provided for in this 
Article.

                               Article 10

    1. The Director-General of the International Labour Office 
shall notify all Members of the International Labour 
Organisation of the registration of all ratifications and 
denunciations communicated to him by the Members of the 
Organisation.
    2. When notifying the Members of the Organisation of the 
registration of the second ratification communicated to him, 
the Director-General shall draw the attention of the Members of 
the Organisation to the date upon which the Convention will 
come into force.

                               Article 11

    The Director-General of the International Labour Office 
shall communicate to the Secretary-General of the United 
Nations for registration in accordance with Article 102 of the 
Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in 
accordance with the provisions of the preceding Articles.

                               Article 12

    At such times as it may consider necessary the Governing 
Body of the International Labour Office shall present to the 
General Conference a report on the working of this Convention 
and shall examine the desirability of placing on the agenda of 
the Conference the question of its revision in whole or in 
part.

                               Article 13

    1. Should the Conference adopt a new Convention revising 
this Convention in whole or in part, then, unless the new 
Convention otherwise provides:
          (a) the ratification by a Member of the new revising 
        Convention shall ipso jure involve the immediate 
        denunciation of this Convention, notwithstanding the 
        provisions of Article 9 above, if and when the new 
        revising Convention shall have come into force;
          (b) as from the date when the new revising Convention 
        comes into force this Convention shall cease to be open 
        to ratification by the Members.
    2. This Convention shall in any case remain in force in its 
actual form and content for those Members which have ratified 
it but have not ratified the revising Convention.

                               Article 14

    The English and French versions of the text of this 
Convention are equally authoritative.
 7. ILO Convention Concerning the Prohibition and Immediate Action for 
         the Elimination of the Worst Forms of Child Labour \1\

     Adopted at the 87th session of the General Conference of the 
 International Labor Organization, Geneva, June 17, 1999; Ratification 
advised by the Senate, November 5, 1999; Entered into force generally, 
 November 19, 2000; Entered into force for the United States, December 
                                2, 2000

    The General Conference of the International Labour 
Organization,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.
---------------------------------------------------------------------------
    Having been convened at Geneva by the Governing Body of the 
International Labour Office, and having met in its 87th Session 
on 1 June 1999, and
    Considering the need to adopt new instruments for the 
prohibition and elimination of the worst forms of child labour, 
as the main priority for national and international action, 
including international cooperation and assistance, to 
complement the Convention and the Recommendation concerning 
Minimum Age for Admission to Employment, 1973, which remain 
fundamental instruments on child labour, and
    Considering that the effective elimination of the worst 
forms of child labour requires immediate and comprehensive 
action, taking into account the importance of free basic 
education and the need to remove the children concerned from 
all such work and to provide for their rehabilitation and 
social integration while addressing the needs of their 
families, and
    Recalling the resolution concerning the elimination of 
child labour adopted by the International Labour Conference at 
its 83rd Session in 1996, and
    Recognizing that child labour is to a great extent caused 
by poverty and that the long-term solution lies in sustained 
economic growth leading to social progress, in particular 
poverty alleviation and universal education, and
    Recalling the Convention on the Rights of the Child adopted 
by the United Nations General Assembly on 20 November 1989, and
    Recalling the ILO Declaration on Fundamental Principles and 
Rights at Work and its Follow-up, adopted by the International 
Labour Conference at its 86th Session in 1998, and
    Recalling that some of the worst forms of child labour are 
covered by other international instruments, in particular the 
Forced Labour Convention, 1930, and the United Nations 
Supplementary Convention on the Abolition of Slavery, the Slave 
Trade, and Institutions and Practices Similar to Slavery, 1956, 
and
    Having decided upon the adoption of certain proposals with 
regard to child labour, which is the fourth item on the agenda 
of the session, and
    Having determined that these proposals shall take the form 
of an international Convention;
    adopts this seventeenth day of June of the year one 
thousand nine hundred and ninety-nine the following Convention, 
which may be cited as the Worst Forms of Child Labour 
Convention, 1999.

                               Article 1

    Each Member which ratifies this Convention shall take 
immediate and effective measures to secure the prohibition and 
elimination of the worst forms of child labour as a matter of 
urgency.

                               Article 2

    For the purposes of this Convention, the term child shall 
apply to all persons under the age of 18.

                               Article 3

    For the purposes of this Convention, the term the worst 
forms of child labour comprises:
          (a) all forms of slavery or practices similar to 
        slavery, such as the sale and trafficking of children, 
        debt bondage and serfdom and forced or compulsory 
        labour, including forced or compulsory recruitment of 
        children for use in armed conflict;
          (b) the use, procuring or offering of a child for 
        prostitution, for the production of pornography or for 
        pornographic performances;
          (c) the use, procuring or offering of a child for 
        illicit activities, in particular for the production 
        and trafficking of drugs as defined in the relevant 
        international treaties;
          (d) work which, by its nature or the circumstances in 
        which it is carried out, is likely to harm the health, 
        safety or morals of children.

                               Article 4

    1. The types of work referred to under Article 3(d) shall 
be determined by national laws or regulations or by the 
competent authority, after consultation with the organizations 
of employers and workers concerned, taking into consideration 
relevant international standards, in particular Paragraphs 3 
and 4 of the Worst Forms of Child Labour Recommendation, 1999.
    2. The competent authority, after consultation with the 
organizations of employers and workers concerned, shall 
identify where the types of work so determined exist.
    3. The list of the types of work determined under paragraph 
1 of this Article shall be periodically examined and revised as 
necessary, in consultation with the organizations of employers 
and workers concerned.

                               Article 5

    Each Member shall, after consultation with employers' and 
workers' organizations, establish or designate appropriate 
mechanisms to monitor the implementation of the provisions 
giving effect to this Convention.

                               Article 6

    1. Each Member shall design and implement programmes of 
action to eliminate as a priority the worst forms of child 
labour.
    2. Such programmes of action shall be designed and 
implemented in consultation with relevant government 
institutions and employers' and workers' organizations, taking 
into consideration the views of other concerned groups as 
appropriate.

                               Article 7

    1. Each Member shall take all necessary measures to ensure 
the effective implementation and enforcement of the provisions 
giving effect to this Convention including the provision and 
application of penal sanctions or, as appropriate, other 
sanctions.
    2. Each Member shall, taking into account the importance of 
education in eliminating child labour, take effective and time-
bound measures to:
          (a) prevent the engagement of children in the worst 
        forms of child labour;
          (b) provide the necessary and appropriate direct 
        assistance for the removal of children from the worst 
        forms of child labour and for their rehabilitation and 
        social integration;
          (c) ensure access to free basic education, and, 
        wherever possible and appropriate, vocational training, 
        for all children removed from the worst forms of child 
        labour;
          (d) identify and reach out to children at special 
        risk; and
          (e) take account of the special situation of girls.
    3. Each Member shall designate the competent authority 
responsible for the implementation of the provisions giving 
effect to this Convention.

                               Article 8

    Members shall take appropriate steps to assist one another 
in giving effect to the provisions of this Convention through 
enhanced international cooperation and/or assistance including 
support for social and economic development, poverty 
eradication programmes and universal education.

                               Article 9

    The formal ratifications of this Convention shall be 
communicated to the Director-General of the International 
Labour Office for registration.

                               Article 10

    1. This Convention shall be binding only upon those Members 
of the International Labour Organization whose ratifications 
have been registered with the Director-General of the 
International Labour Office.
    2. It shall come into force 12 months after the date on 
which the ratifications of two Members have been registered 
with the Director-General.
    3. Thereafter, this Convention shall come into force for 
any Member 12 months after the date on which its ratification 
has been registered.

                               Article 11

    1. A Member which has ratified this Convention may denounce 
it after the expiration of ten years from the date on which the 
Convention first comes into force, by an act communicated to 
the Director-General of the International Labour Office for 
registration. Such denunciation shall not take effect until one 
year after the date on which it is registered.
    2. Each Member which has ratified this Convention and which 
does not, within the year following the expiration of the 
period of ten years mentioned in the preceding paragraph, 
exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, 
thereafter, may denounce this Convention at the expiration of 
each period of ten years under the terms provided for in this 
Article.

                               Article 12

    1. The Director-General of the International Labour Office 
shall notify all Members of the International Labour 
Organization of the registration of all ratifications and acts 
of denunciation communicated by the Members of the 
Organization.
    2. When notifying the Members of the Organization of the 
registration of the second ratification, the Director-General 
shall draw the attention of the Members of the Organization to 
the date upon which the Convention shall come into force.

                               Article 13

    The Director-General of the International Labour Office 
shall communicate to the Secretary-General of the United 
Nations, for registration in accordance with article 102 of the 
Charter of the United Nations, full particulars of all 
ratifications and acts of denunciation registered by the 
Director-General in accordance with the provisions of the 
preceding Articles.

                               Article 14

    At such times as it may consider necessary, the Governing 
Body of the International Labour Office shall present to the 
General Conference a report on the working of this Convention 
and shall examine the desirability of placing on the agenda of 
the Conference the question of its revision in whole or in 
part.

                               Article 15

    1. Should the Conference adopt a new Convention revising 
this Convention in whole or in part, then, unless the new 
Convention otherwise provides--
          (a) the ratification by a Member of the new revising 
        Convention shall ipso jure involve the immediate 
        denunciation of this Convention, notwithstanding the 
        provisions of Article 11 above, if and when the new 
        revising Convention shall have come into force;
          (b) as from the date when the new revising Convention 
        comes into force, this Convention shall cease to be 
        open to ratification by the Members.
    2. This Convention shall in any case remain in force in its 
actual form and content for those Members which have ratified 
it but have not ratified the revising Convention.

                               Article 16

    The English and French versions of the text of this 
Convention are equally authoritative.
      8. ILO Convention Concerning Safety and Health in Mines \1\

     Adopted at the 82nd session of the General Conference of the 
 International Labor Organization, Geneva, June 22, 1995; Entered into 
  force generally, June 5, 1998; Ratification advised by the Senate, 
September 20, 2000; Entered into force for the United States, February 
                                9, 2002

    The General Conference of the International Labour 
Organization,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.
---------------------------------------------------------------------------
    Having been convened at Geneva by the Governing Body of the 
International Labour Office, and having met in its Eighty-
Second Session on 6 June 1995, and
    Noting the relevant International Labour Conventions and 
Recommendations and, in particular, the Abolition of Forced 
Labour Convention, 1957; the Radiation Protection Convention 
and Recommendation, 1960; the Guarding of Machinery Convention 
and Recommendation, 1963; the Employment Injury Benefits 
Convention and Recommendation, 1964; the Minimum Age 
(Underground Work) Convention and Recommendation, 1965; the 
Medical Examination of Young Persons (Underground Work) 
Convention, 1965; the Working Environment (Air Pollution, Noise 
and Vibration) Convention and Recommendation, 1977; the 
Occupational Safety and Health Convention and Recommendation, 
1981; the Occupational Health Services Convention and 
Recommendation, 1985; the Asbestos Convention and 
Recommendation, 1986; the Safety and Health in Construction 
Convention and Recommendation, 1988; the Chemicals Convention 
and Recommendation, 1990; and the Prevention of Major 
Industrial Accidents Convention and Recommendation, 1993, and
    Considering that workers have a need for, and a right to, 
information, training and genuine consultation on and 
participation in the preparation and implementation of safety 
and health measures concerning the hazards and risks they face 
in the mining industry, and
    Recognizing that it is desirable to prevent any fatalities, 
injuries or ill health affecting workers or members of the 
public, or damage to the environment arising from mining 
operations, and
    Having regard to the need for cooperation between the 
International Labour Organization, the World Health 
Organization, the International Atomic Energy Agency and other 
relevant institutions and noting the relevant instruments, 
codes of practice, codes and guidelines issued by these 
organizations, and
    Having decided upon the adoption of certain proposals with 
regard to safety and health in mines, which is the fourth item 
on the agenda of the session, and
    Having determined that these proposals shall take the form 
of an international Convention;
    adopts this twenty-second day of June of the year one 
thousand nine hundred and ninety-five the following Convention, 
which may be cited as the Safety and Health in Mines 
Convention, 1995:

                          Part I. Definitions

                               article 1

    1. For the purpose of this Convention, the term mine 
covers--
          (a) surface or underground sites where the following 
        activities, in particular, take place:
                  (i) exploration for minerals, excluding oil 
                and gas, that involves the mechanical 
                disturbance of the ground;
                  (ii) extraction of minerals, excluding oil 
                and gas;
                  (iii) preparation, including crushing, 
                grinding, concentration or washing of the 
                extracted material; and
          (b) all machinery, equipment, appliances, plant, 
        buildings and civil engineering structures used in 
        conjunction with the activities referred to in (a) 
        above.
    2. For the purpose of this Convention, the term employer 
means any physical or legal person who employs one or more 
workers in a mine and, as the context requires, the operator, 
the principal contractor, contractor or subcontractor.

                Part II. Scope and Means of Application

                               article 2

    1. This Convention applies to all mines.
    2. After consultations with the most representative 
organizations of employers and workers concerned, the competent 
authority of a Member which ratifies the Convention:
          (a) may exclude certain categories of mines from the 
        application of the Convention, or certain provisions 
        thereof, if the overall protection afforded at these 
        mines under national law and practice is not inferior 
        to that which would result from the full application of 
        the provisions of the Convention;
          (b) shall, in the case of exclusion of certain 
        categories of mines pursuant to clause (a) above, make 
        plans for progressively covering all mines.
    3. A Member which ratifies the Convention and avails itself 
of the possibility afforded in paragraph 2(a) above shall 
indicate, in its reports on the application of the Convention 
submitted under article 22 of the Constitution of the 
International Labour Organization, any particular category of 
mines thus excluded and the reasons for the exclusion.

                               article 3

    In the light of national conditions and practice and after 
consultations with the most representative organizations of 
employers and workers concerned, the Member shall formulate, 
carry out and periodically review a coherent policy on safety 
and health in mines, particularly with regard to the measures 
to give effect to the provisions of the Convention.

                               article 4

    1. The measures for ensuring application of the Convention 
shall be prescribed by national laws and regulations.
    2. Where appropriate, these national laws and regulations 
shall be supplemented by:
          (a) technical standards, guidelines or codes of 
        practice; or
          (b) other means of application consistent with 
        national practice, as identified by the competent 
        authority.

                               article 5

    1. National laws and regulations pursuant to Article 4, 
paragraph 1, shall designate the competent authority that is to 
monitor and regulate the various aspects of safety and health 
in mines.
    2. Such national laws and regulations shall provide for:
          (a) the supervision of safety and health in mines;
          (b) the inspection of mines by inspectors designated 
        for the purpose by the competent authority;
          (c) the procedures for reporting and investigating 
        fatal and serious accidents, dangerous occurrences and 
        mine disasters, each as defined by national laws or 
        regulations;
          (d) the compilation and publication of statistics on 
        accidents, occupational diseases and dangerous 
        occurrences, each as defined by national laws or 
        regulations;
          (e) the power of the competent authority to suspend 
        or restrict mining activities on safety and health 
        grounds, until the condition giving rise to the 
        suspension or restriction has been corrected; and
          (f) the establishment of effective procedures to 
        ensure the implementation of the rights of workers and 
        their representatives to be consulted on matters and to 
        participate in measures relating to safety and health 
        at the workplace.
    3. Such national laws and regulations shall provide that 
the manufacture, storage, transport and use of explosives and 
initiating devices at the mine shall be carried out by or under 
the direct supervision of competent and authorized persons.
    4. Such national laws and regulations shall specify:
          (a) requirements relating to mine rescue, first aid 
        and appropriate medical facilities;
          (b) an obligation to provide and maintain adequate 
        self-rescue respiratory devices for workers in 
        underground coal mines and, where necessary, in other 
        underground mines;
          (c) protective measures to secure abandoned mine 
        workings so as to eliminate or minimize risks to safety 
        and health;
          (d) requirements for the safe storage, transportation 
        and disposal of hazardous substances used in the mining 
        process and waste produced at the mine; and
          (e) where appropriate, an obligation to supply 
        sufficient sanitary conveniences and facilities to 
        wash, change and eat, and to maintain them in hygienic 
        condition.
    5. Such national laws and regulations shall provide that 
the employer in charge of the mine shall ensure that 
appropriate plans of workings are prepared before the start of 
operation and, in the event of any significant modification, 
that such plans are brought up to date periodically and kept 
available at the mine site.

        Part III. Preventive and Protective Measures at the Mine

                    a. responsibilities of employers

                               article 6

    In taking preventive and protective measures under this 
Part of the Convention the employer shall assess the risk and 
deal with it in the following order of priority:
          (a) eliminate the risk;
          (b) control the risk at source;
          (c) minimize the risk by means that include the 
        design of safe work systems; and
          (d) in so far as the risk remains, provide for the 
        use of personal protective equipment, having regard to 
        what is reasonable, practicable and feasible, and to 
        good practice and the exercise of due diligence.

                               article 7

    Employers shall take all necessary measures to eliminate or 
minimize the risks to safety and health in mines under their 
control, and in particular:
          (a) ensure that the mine is designed, constructed and 
        provided with electrical, mechanical and other 
        equipment, including a communication system, to provide 
        conditions for safe operation and a healthy working 
        environment;
          (b) ensure that the mine is commissioned, operated, 
        maintained and decommissioned in such a way that 
        workers can perform the work assigned to them without 
        endangering their safety and health or that of other 
        persons;
          (c) take steps to maintain the stability of the 
        ground in areas to which persons have access in the 
        context of their work;
          (d) whenever practicable, provide, from every 
        underground workplace, two exits, each of which is 
        connected to separate means of egress to the surface;
          (e) ensure the monitoring, assessment and regular 
        inspection of the working environment to identify the 
        various hazards to which the workers may be exposed and 
        to assess their level of exposure;
          (f) ensure adequate ventilation for all underground 
        workings to which access is permitted;
          (g) in respect of zones susceptible to particular 
        hazards, draw up and implement an operating plan and 
        procedures to ensure a safe system of work and the 
        protection of workers;
          (h) take measures and precautions appropriate to the 
        nature of a mine operation to prevent, detect and 
        combat the start and spread of fires and explosions; 
        and
          (i) ensure that when there is serious danger to the 
        safety and health of workers, operations are stopped 
        and workers are evacuated to a safe location.

                               article 8

    The employer shall prepare an emergency response plan, 
specific to each mine, for reasonably foreseeable industrial 
and natural disasters.

                               article 9

    Where workers are exposed to physical, chemical or 
biological hazards the employer shall:
          (a) inform the workers, in a comprehensible manner, 
        of the hazards associated with their work, the health 
        risks involved and relevant preventive and protective 
        measures;
          (b) take appropriate measures to eliminate or 
        minimize the risks resulting from exposure to those 
        hazards;
          (c) where adequate protection against risk of 
        accident or injury to health including exposure to 
        adverse conditions cannot be ensured by other means, 
        provide and maintain at no cost to the worker suitable 
        protective equipment, clothing as necessary and other 
        facilities defined by national laws or regulations; and
          (d) provide workers who have suffered from an injury 
        or illness at the workplace with first aid, appropriate 
        transportation from the workplace and access to 
        appropriate medical facilities.

                               article 10

    The employer shall ensure that:
          (a) adequate training and retraining programmes and 
        comprehensible instructions are provided for workers, 
        at no cost to them, on safety and health matters as 
        well as on the work assigned;
          (b) in accordance with national laws and regulations, 
        adequate supervision and control are provided on each 
        shift to secure the safe operation of the mine;
          (c) a system is established so that the names of all 
        persons who are underground can be accurately known at 
        any time, as well as their probable location;
          (d) all accidents and dangerous occurrences, as 
        defined by national laws or regulations, are 
        investigated and appropriate remedial action is taken; 
        and
          (e) a report, as specified by national laws and 
        regulations, is made to the competent authority on 
        accidents and dangerous occurrences.

                               article 11

    On the basis of general principles of occupational health 
and in accordance with national laws and regulations, the 
employer shall ensure the provision of regular health 
surveillance of workers exposed to occupational health hazards 
specific to mining.

                               article 12

    Whenever two or more employers undertake activities at the 
same mine, the employer in charge of the mine shall coordinate 
the implementation of all measures concerning the safety and 
health of workers and shall be held primarily responsible for 
the safety of the operations. This shall not relieve individual 
employers from responsibility for the implementation of all 
measures concerning the safety and health of their workers.

       b. rights and duties of workers and their representatives

                               article 13

    1. Under the national laws and regulations referred to in 
Article 4, workers shall have the following rights:
          (a) to report accidents, dangerous occurrences and 
        hazards to the employer and to the competent authority;
          (b) to request and obtain, where there is cause for 
        concern on safety and health grounds, inspections and 
        investigations to be conducted by the employer and the 
        competent authority;
          (c) to know and be informed of workplace hazards that 
        may affect their safety or health;
          (d) to obtain information relevant to their safety or 
        health, held by the employer or the competent 
        authority;
          (e) to remove themselves from any location at the 
        mine when circumstances arise which appear, with 
        reasonable justification, to pose a serious danger to 
        their safety or health; and
          (f) to collectively select safety and health 
        representatives.
    2. The safety and health representatives referred to in 
paragraph 1(f) above shall, in accordance with national laws 
and regulations, have the following rights:
          (a) to represent workers on all aspects of workplace 
        safety and health, including where applicable, the 
        exercise of the rights provided in paragraph 1 above;
          (b) to:
                  (i) participate in inspections and 
                investigations conducted by the employer and by 
                the competent authority at the workplace; and
                  (ii) monitor and investigate safety and 
                health matters;
          (c) to have recourse to advisers and independent 
        experts;
          (d) to consult with the employer in a timely fashion 
        on safety and health matters, including policies and 
        procedures;
          (e) to consult with the competent authority; and
          (f) to receive, relevant to the area for which they 
        have been selected, notice of accidents and dangerous 
        occurrences.
    3. Procedures for the exercise of the rights referred to in 
paragraphs 1 and 2 above shall be specified:
          (a) by national laws and regulations; and
          (b) through consultations between employers and 
        workers and their representatives.
    4. National laws and regulations shall ensure that the 
rights referred to in paragraphs 1 and 2 above can be exercised 
without discrimination or retaliation.

                               article 14

    Under national laws and regulations, workers shall have the 
duty, in accordance with their training:
          (a) to comply with prescribed safety and health 
        measures;
          (b) to take reasonable care for their own safety and 
        health and that of other persons who may be affected by 
        their acts or omissions at work, including the proper 
        care and use of protective clothing, facilities and 
        equipment placed at their disposal for this purpose;
          (c) to report forthwith to their immediate supervisor 
        any situation which they believe could present a risk 
        to their safety or health or that of other persons, and 
        which they cannot properly deal with themselves; and
          (d) to cooperate with the employer to permit 
        compliance with the duties and responsibilities placed 
        on the employer pursuant to the Convention.

                             c. cooperation

                               article 15

    Measures shall be taken, in accordance with national laws 
and regulations, to encourage cooperation between employers and 
workers and their representatives to promote safety and health 
in mines.

                        Part IV. Implementation

                               article 16

    The Member shall:
          (a) take all necessary measures, including the 
        provision of appropriate penalties and corrective 
        measures, to ensure the effective enforcement of the 
        provisions of the Convention; and
          (b) provide appropriate inspection services to 
        supervise the application of the measures to be taken 
        in pursuance of the Convention and provide these 
        services with the resources necessary for the 
        accomplishment of their tasks.

                        Part V. Final Provisions

                               article 17

    The formal ratifications of this Convention shall be 
communicated to the Director-General of the International 
Labour Office for registration.

                               article 18

    1. This Convention shall be binding only upon those Members 
of the International Labour Organization whose ratifications 
have been registered with the Director-General of the 
International Labour Office.
    2. It shall come into force 12 months after the date on 
which the ratifications of two Members have been registered 
with the Director-General.
    3. Thereafter, this Convention shall come into force for 
any Member 12 months after the date on which its ratification 
has been registered.

                               article 19

    1. A Member which has ratified this Convention may denounce 
it after the expiration of ten years from the date on which the 
Convention first comes into force, by an act communicated to 
the Director-General of the International Labour Office for 
registration. Such denunciation shall not take effect until one 
year after the date on which it is registered.
    2. Each Member which has ratified this Convention and which 
does not, within the year following the expiration of the 
period of ten years mentioned in the preceding paragraph, 
exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, 
thereafter, may denounce this Convention at the expiration of 
each period of ten years under the terms provided for in this 
Article.

                               article 20

    1. The Director-General of the International Labour Office 
shall notify all Members of the International Labour 
Organization of the registration of all ratifications and 
denunciations communicated by the Members of the Organization.
    2. When notifying the Members of the Organization of the 
registration of the second ratification, the Director-General 
shall draw the attention of the Members of the Organization to 
the date upon which the Convention shall come into force.

                               article 21

    The Director-General of the International Labour Office 
shall communicate to the Secretary-General of the United 
Nations, for registration in accordance with article 102 of the 
Charter of the United Nations, full particulars of all 
ratifications and acts of denunciation registered by the 
Director-General in accordance with the provisions of the 
preceding Articles.

                               article 22

    At such times as it may consider necessary, the Governing 
Body of the International Labour Office shall present to the 
General Conference a report on the working of this Convention 
and shall examine the desirability of placing on the agenda of 
the Conference the question of its revision in whole or in 
part.

                               article 23

    1. Should the Conference adopt a new Convention revising 
this Convention in whole or in part, then, unless the new 
Convention otherwise provides--
          (a) the ratification by a Member of the new revising 
        Convention shall ipso jure involve the immediate 
        denunciation of this Convention, notwithstanding the 
        provisions of Article 19 above, if and when the new 
        revising Convention shall have come into force;
          (b) as from the date when the new revising Convention 
        comes into force, this Convention shall cease to be 
        open to ratification by the Members.
    2. This Convention shall in any case remain in force in its 
actual form and content for those Members which have ratified 
it but have not ratified the revising Convention.

                               article 24

    The English and French versions of the text of this 
Convention are equally authoritative.
   9. Optional Protocols to the Convention on the Rights of the Child

 a. Optional Protocol to the Convention on the Rights of the Child on 
           the Involvement of Children in Armed Conflict \1\

   Adopted at New York, May 25, 2000; Entered into force generally, 
 February 12, 2002; Ratification advised by the Senate, June 18, 2002; 
       Entered into force for the United States, January 23, 2003

    The States Parties to the present Protocol,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.

    Encouraged by the overwhelming support for the Convention 
on the Rights of the Child, demonstrating the widespread 
commitment that exists to strive for the promotion and 
---------------------------------------------------------------------------
protection of the rights of the child,

    Reaffirming that the rights of children require special 
protection, and calling for continuous improvement of the 
situation of children without distinction, as well as for their 
development and education in conditions of peace and security,

    Disturbed by the harmful and widespread impact of armed 
conflict on children and the long-term consequences it has for 
durable peace, security and development,

    Condemning the targeting of children in situations of armed 
conflict and direct attacks on objects protected under 
international law, including places that generally have a 
significant presence of children, such as schools and 
hospitals,

    Noting the adoption of the Rome Statute of the 
International Criminal Court, in particular, the inclusion 
therein as a war crime, of conscripting or enlisting children 
under the age of 15 years or using them to participate actively 
in hostilities in both international and non-international 
armed conflicts,

    Considering therefore that to strengthen further the 
implementation of rights recognized in the Convention on the 
Rights of the Child there is a need to increase the protection 
of children from involvement in armed conflict,

    Noting that article 1 of the Convention on the Rights of 
the Child specifies that, for the purposes of that Convention, 
a child means every human being below the age of 18 years 
unless, under the law applicable to the child, majority is 
attained earlier,

    Convinced that an optional protocol to the Convention that 
raises the age of possible recruitment of persons into armed 
forces and their participation in hostilities will contribute 
effectively to the implementation of the principle that the 
best interests of the child are to be a primary consideration 
in all actions concerning children,

    Noting that the twenty-sixth International Conference of 
the Red Cross and Red Crescent in December 1995 recommended, 
inter alia, that parties to conflict take every feasible step 
to ensure that children below the age of 18 years do not take 
part in hostilities,

    Welcoming the unanimous adoption, in June 1999, of 
International Labour Organization Convention No. 182 on the 
Prohibition and Immediate Action for the Elimination of the 
Worst Forms of Child Labour, which prohibits, inter alia, 
forced or compulsory recruitment of children for use in armed 
conflict,

    Condemning with the gravest concern the recruitment, 
training and use within and across national borders of children 
in hostilities by armed groups distinct from the armed forces 
of a State, and recognizing the responsibility of those who 
recruit, train and use children in this regard,

    Recalling the obligation of each party to an armed conflict 
to abide by the provisions of international humanitarian law,

    Stressing that the present Protocol is without prejudice to 
the purposes and principles contained in the Charter of the 
United Nations, including Article 51, and relevant norms of 
humanitarian law,

    Bearing in mind that conditions of peace and security based 
on full respect of the purposes and principles contained in the 
Charter and observance of applicable human rights instruments 
are indispensable for the full protection of children, in 
particular during armed conflicts and foreign occupation,

    Recognizing the special needs of those children who are 
particularly vulnerable to recruitment or use in hostilities 
contrary to the present Protocol owing to their economic or 
social status or gender,

    Mindful of the necessity of taking into consideration the 
economic, social and political root causes of the involvement 
of children in armed conflicts,

    Convinced of the need to strengthen international 
cooperation in the implementation of the present Protocol, as 
well as the physical and psychosocial rehabilitation and social 
reintegration of children who are victims of armed conflict,

    Encouraging the participation of the community and, in 
particular, children and child victims in the dissemination of 
informational and educational programmes concerning the 
implementation of the Protocol,

    Have agreed as follows:

                               Article 1

    States Parties shall take all feasible measures to ensure 
that members of their armed forces who have not attained the 
age of 18 years do not take a direct part in hostilities.

                               Article 2

    States Parties shall ensure that persons who have not 
attained the age of 18 years are not compulsorily recruited 
into their armed forces.

                               Article 3

    1. States Parties shall raise in years the minimum age for 
the voluntary recruitment of persons into their national armed 
forces from that set out in article 38, paragraph 3, of the 
Convention on the Rights of the Child, taking account of the 
principles contained in that article and recognizing that under 
the Convention persons under the age of 18 years are entitled 
to special protection.
    2. Each State Party shall deposit a binding declaration 
upon ratification of or accession to the present Protocol that 
sets forth the minimum age at which it will permit voluntary 
recruitment into its national armed forces and a description of 
the safeguards it has adopted to ensure that such recruitment 
is not forced or coerced.
    3. States Parties that permit voluntary recruitment into 
their national armed forces under the age of 18 years shall 
maintain safeguards to ensure, as a minimum, that:
          (a) Such recruitment is genuinely voluntary;
          (b) Such recruitment is carried out with the informed 
        consent of the person's parents or legal guardians;
          (c) Such persons are fully informed of the duties 
        involved in such military service;
          (d) Such persons provide reliable proof of age prior 
        to acceptance into national military service.
    4. Each State Party may strengthen its declaration at any 
time by notification to that effect addressed to the Secretary-
General of the United Nations, who shall inform all States 
Parties. Such notification shall take effect on the date on 
which it is received by the Secretary-General.
    5. The requirement to raise the age in paragraph 1 of the 
present article does not apply to schools operated by or under 
the control of the armed forces of the States Parties, in 
keeping with articles 28 and 29 of the Convention on the Rights 
of the Child.

                               Article 4

    1. Armed groups that are distinct from the armed forces of 
a State should not, under any circumstances, recruit or use in 
hostilities persons under the age of 18 years.
    2. States Parties shall take all feasible measures to 
prevent such recruitment and use, including the adoption of 
legal measures necessary to prohibit and criminalize such 
practices.
    3. The application of the present article shall not affect 
the legal status of any party to an armed conflict.

                               Article 5

    Nothing in the present Protocol shall be construed as 
precluding provisions in the law of a State Party or in 
international instruments and international humanitarian law 
that are more conducive to the realization of the rights of the 
child.

                               Article 6

    1. Each State Party shall take all necessary legal, 
administrative and other measures to ensure the effective 
implementation and enforcement of the provisions of the present 
Protocol within its jurisdiction.
    2. States Parties undertake to make the principles and 
provisions of the present Protocol widely known and promoted by 
appropriate means, to adults and children alike.
    3. States Parties shall take all feasible measures to 
ensure that persons within their jurisdiction recruited or used 
in hostilities contrary to the present Protocol are demobilized 
or otherwise released from service. States Parties shall, when 
necessary, accord to such persons all appropriate assistance 
for their physical and psychological recovery and their social 
reintegration.

                               Article 7

    1. States Parties shall cooperate in the implementation of 
the present Protocol, including in the prevention of any 
activity contrary thereto and in the rehabilitation and social 
reintegration of persons who are victims of acts contrary 
thereto, including through technical cooperation and financial 
assistance. Such assistance and cooperation will be undertaken 
in consultation with the States Parties concerned and the 
relevant international organizations.
    2. States Parties in a position to do so shall provide such 
assistance through existing multilateral, bilateral or other 
programmes or, inter alia, through a voluntary fund established 
in accordance with the rules of the General Assembly.

                               Article 8

    1. Each State Party shall, within two years following the 
entry into force of the present Protocol for that State Party, 
submit a report to the Committee on the Rights of the Child 
providing comprehensive information on the measures it has 
taken to implement the provisions of the Protocol, including 
the measures taken to implement the provisions on participation 
and recruitment.
    2. Following the submission of the comprehensive report, 
each State Party shall include in the reports it submits to the 
Committee on the Rights of the Child, in accordance with 
article 44 of the Convention, any further information with 
respect to the implementation of the Protocol. Other States 
Parties to the Protocol shall submit a report every five years.
    3. The Committee on the Rights of the Child may request 
from States Parties further information relevant to the 
implementation of the present Protocol.

                               Article 9

    1. The present Protocol is open for signature by any State 
that is a party to the Convention or has signed it.
    2. The present Protocol is subject to ratification and is 
open to accession by any State. Instruments of ratification or 
accession shall be deposited with the Secretary-General of the 
United Nations.
    3. The Secretary-General, in his capacity as depositary of 
the Convention and the Protocol, shall inform all States 
Parties to the Convention and all States that have signed the 
Convention of each instrument of declaration pursuant to 
article 3.

                               Article 10

    1. The present Protocol shall enter into force three months 
after the deposit of the tenth instrument of ratification or 
accession.
    2. For each State ratifying the present Protocol or 
acceding to it after its entry into force, the Protocol shall 
enter into force one month after the date of the deposit of its 
own instrument of ratification or accession.

                               Article 11

    1. Any State Party may denounce the present Protocol at any 
time by written notification to the Secretary-General of the 
United Nations, who shall thereafter inform the other States 
Parties to the Convention and all States that have signed the 
Convention. The denunciation shall take effect one year after 
the date of receipt of the notification by the Secretary-
General. If, however, on the expiry of that year the denouncing 
State Party is engaged in armed conflict, the denunciation 
shall not take effect before the end of the armed conflict.
    2. Such a denunciation shall not have the effect of 
releasing the State Party from its obligations under the 
present Protocol in regard to any act that occurs prior to the 
date on which the denunciation becomes effective. Nor shall 
such a denunciation prejudice in any way the continued 
consideration of any matter that is already under consideration 
by the Committee on the Rights of the Child prior to the date 
on which the denunciation becomes effective.

                               Article 12

    1. Any State Party may propose an amendment and file it 
with the Secretary-General of the United Nations. The 
Secretary-General shall thereupon communicate the proposed 
amendment to States Parties with a request that they indicate 
whether they favour a conference of States Parties for the 
purpose of considering and voting upon the proposals. In the 
event that, within four months from the date of such 
communication, at least one third of the States Parties favour 
such a conference, the Secretary-General shall convene the 
conference under the auspices of the United Nations. Any 
amendment adopted by a majority of States Parties present and 
voting at the conference shall be submitted to the General 
Assembly of the United Nations for approval.
    2. An amendment adopted in accordance with paragraph 1 of 
the present article shall enter into force when it has been 
approved by the General Assembly and accepted by a two-thirds 
majority of States Parties.
    3. When an amendment enters into force, it shall be binding 
on those States Parties that have accepted it, other States 
Parties still being bound by the provisions of the present 
Protocol and any earlier amendments they have accepted.

                               Article 13

    1. The present Protocol, of which the Arabic, Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited in the archives of the United 
Nations.
    2. The Secretary-General of the United Nations shall 
transmit certified copies of the present Protocol to all States 
Parties to the Convention and all States that have signed the 
Convention.
 b. Optional Protocol to the Convention on the Rights of the Child on 
  the Sale of Children, Child Prostitution, and Child Pornography \1\

   Adopted at New York, May 25, 2000; Entered into force generally, 
 January 18, 2002; Ratification advised by the Senate, June 18, 2002; 
       Entered into force for the United States, January 23, 2003

    The States Parties to the present Protocol,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties, see Department of State 
publication, Treaties in Force.

    Considering that, in order further to achieve the purposes 
of the Convention on the Rights of the Child and the 
implementation of its provisions, especially articles 1, 11, 
21, 32, 33, 34, 35 and 36, it would be appropriate to extend 
the measures that States Parties should undertake in order to 
guarantee the protection of the child from the sale of 
---------------------------------------------------------------------------
children, child prostitution and child pornography,

    Considering also that the Convention on the Rights of the 
Child recognizes the right of the child to be protected from 
economic exploitation and from performing any work that is 
likely to be hazardous or to interfere with the child's 
education, or to be harmful to the child's health or physical, 
mental, spiritual, moral or social development,

    Gravely concerned at the significant and increasing 
international traffic in children for the purpose of the sale 
of children, child prostitution and child pornography,

    Deeply concerned at the widespread and continuing practice 
of sex tourism, to which children are especially vulnerable, as 
it directly promotes the sale of children, child prostitution 
and child pornography,

    Recognizing that a number of particularly vulnerable 
groups, including girl children, are at greater risk of sexual 
exploitation and that girl children are disproportionately 
represented among the sexually exploited,

    Concerned about the growing availability of child 
pornography on the Internet and other evolving technologies, 
and recalling the International Conference on Combating Child 
Pornography on the Internet, held in Vienna in 1999, in 
particular its conclusion calling for the worldwide 
criminalization of the production, distribution, exportation, 
transmission, importation, intentional possession and 
advertising of child pornography, and stressing the importance 
of closer cooperation and partnership between Governments and 
the Internet industry,

    Believing that the elimination of the sale of children, 
child prostitution and child pornography will be facilitated by 
adopting a holistic approach, addressing the contributing 
factors, including underdevelopment, poverty, economic 
disparities, inequitable socio-economic structure, 
dysfunctioning families, lack of education, urban-rural 
migration, gender discrimination, irresponsible adult sexual 
behaviour, harmful traditional practices, armed conflicts and 
trafficking in children,

    Believing also that efforts to raise public awareness are 
needed to reduce consumer demand for the sale of children, 
child prostitution and child pornography, and believing further 
in the importance of strengthening global partnership among all 
actors and of improving law enforcement at the national level,

    Noting the provisions of international legal instruments 
relevant to the protection of children, including the Hague 
Convention on Protection of Children and Cooperation in Respect 
of Intercountry Adoption, the Hague Convention on the Civil 
Aspects of International Child Abduction, the Hague Convention 
on Jurisdiction, Applicable Law, Recognition, Enforcement and 
Cooperation in Respect of Parental Responsibility and Measures 
for the Protection of Children, and International Labour 
Organization Convention No. 182 on the Prohibition and 
Immediate Action for the Elimination of the Worst Forms of 
Child Labour,

    Encouraged by the overwhelming support for the Convention 
on the Rights of the Child, demonstrating the widespread 
commitment that exists for the promotion and protection of the 
rights of the child,

    Recognizing the importance of the implementation of the 
provisions of the Programme of Action for the Prevention of the 
Sale of Children, Child Prostitution and Child Pornography and 
the Declaration and Agenda for Action adopted at the World 
Congress against Commercial Sexual Exploitation of Children, 
held in Stockholm from 27 to 31 August 1996, and the other 
relevant decisions and recommendations of pertinent 
international bodies,

    Taking due account of the importance of the traditions and 
cultural values of each people for the protection and 
harmonious development of the child,

    Have agreed as follows:

                               Article 1

    States Parties shall prohibit the sale of children, child 
prostitution and child pornography as provided for by the 
present Protocol.

                               Article 2

    For the purposes of the present Protocol:
          (a) Sale of children means any act or transaction 
        whereby a child is transferred by any person or group 
        of persons to another for remuneration or any other 
        consideration;
          (b) Child prostitution means the use of a child in 
        sexual activities for remuneration or any other form of 
        consideration;
          (c) Child pornography means any representation, by 
        whatever means, of a child engaged in real or simulated 
        explicit sexual activities or any representation of the 
        sexual parts of a child for primarily sexual purposes.

                               Article 3

    1. Each State Party shall ensure that, as a minimum, the 
following acts and activities are fully covered under its 
criminal or penal law, whether such offences are committed 
domestically or transnationally or on an individual or 
organized basis:
          (a) In the context of sale of children as defined in 
        article 2:
                  (i) Offering, delivering or accepting, by 
                whatever means, a child for the purpose of:
                          a. Sexual exploitation of the child;
                          b. Transfer of organs of the child 
                        for profit;
                          c. Engagement of the child in forced 
                        labour;
                  (ii) Improperly inducing consent, as an 
                intermediary, for the adoption of a child in 
                violation of applicable international legal 
                instruments on adoption;
          (b) Offering, obtaining, procuring or providing a 
        child for child prostitution, as defined in article 2;
          (c) Producing, distributing, disseminating, 
        importing, exporting, offering, selling or possessing 
        for the above purposes child pornography as defined in 
        article 2.
    2. Subject to the provisions of the national law of a State 
Party, the same shall apply to an attempt to commit any of the 
said acts and to complicity or participation in any of the said 
acts.
    3. Each State Party shall make such offences punishable by 
appropriate penalties that take into account their grave 
nature.
    4. Subject to the provisions of its national law, each 
State Party shall take measures, where appropriate, to 
establish the liability of legal persons for offences 
established in paragraph 1 of the present article. Subject to 
the legal principles of the State Party, such liability of 
legal persons may be criminal, civil or administrative.
    5. States Parties shall take all appropriate legal and 
administrative measures to ensure that all persons involved in 
the adoption of a child act in conformity with applicable 
international legal instruments.

                               Article 4

    1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over the offences 
referred to in article 3, paragraph 1, when the offences are 
commited in its territory or on board a ship or aircraft 
registered in that State.
    2. Each State Party may take such measures as may be 
necessary to establish its jurisdiction over the offences 
referred to in article 3, paragraph 1, in the following cases:
          (a) When the alleged offender is a national of that 
        State or a person who has his habitual residence in its 
        territory;
          (b) When the victim is a national of that State.
    3. Each State Party shall also take such measures as may be 
necessary to establish its jurisdiction over the aforementioned 
offences when the alleged offender is present in its territory 
and it does not extradite him or her to another State Party on 
the ground that the offence has been committed by one of its 
nationals.
    4. The present Protocol does not exclude any criminal 
jurisdiction exercised in accordance with internal law.

                               Article 5

    1. The offences referred to in article 3, paragraph 1, 
shall be deemed to be included as extraditable offences in any 
extradition treaty existing between States Parties and shall be 
included as extraditable offences in every extradition treaty 
subsequently concluded between them, in accordance with the 
conditions set forth in such treaties.
    2. If a State Party that makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, it may consider the present Protocol to be a legal 
basis for extradition in respect of such offences. Extradition 
shall be subject to the conditions provided by the law of the 
requested State.
    3. States Parties that do not make extradition conditional 
on the existence of a treaty shall recognize such offences as 
extraditable offences between themselves subject to the 
conditions provided by the law of the requested State.
    4. Such offences shall be treated, for the purpose of 
extradition between States Parties, as if they had been 
committed not only in the place in which they occurred but also 
in the territories of the States required to establish their 
jurisdiction in accordance with article 4.
    5. If an extradition request is made with respect to an 
offence described in article 3, paragraph 1, and the requested 
State Party does not or will not extradite on the basis of the 
nationality of the offender, that State shall take suitable 
measures to submit the case to its competent authorities for 
the purpose of prosecution.

                               Article 6

    1. States Parties shall afford one another the greatest 
measure of assistance in connection with investigations or 
criminal or extradition proceedings brought in respect of the 
offences set forth in article 3, paragraph 1, including 
assistance in obtaining evidence at their disposal necessary 
for the proceedings.
    2. States Parties shall carry out their obligations under 
paragraph 1 of the present article in conformity with any 
treaties or other arrangements on mutual legal assistance that 
may exist between them. In the absence of such treaties or 
arrangements, States Parties shall afford one another 
assistance in accordance with their domestic law.

                               Article 7

     States Parties shall, subject to the provisions of their 
national law:
          (a) Take measures to provide for the seizure and 
        confiscation, as appropriate, of:
                  (i) Goods, such as materials, assets and 
                other instrumentalities used to commit or 
                facilitate offences under the present protocol;
                  (ii) Proceeds derived from such offences;
          (b) Execute requests from another State Party for 
        seizure or confiscation of goods or proceeds referred 
        to in subparagraph (a);
          (c) Take measures aimed at closing, on a temporary or 
        definitive basis, premises used to commit such 
        offences.

                               Article 8

    1. States Parties shall adopt appropriate measures to 
protect the rights and interests of child victims of the 
practices prohibited under the present Protocol at all stages 
of the criminal justice process, in particular by:
          (a) Recognizing the vulnerability of child victims 
        and adapting procedures to recognize their special 
        needs, including their special needs as witnesses;
          (b) Informing child victims of their rights, their 
        role and the scope, timing and progress of the 
        proceedings and of the disposition of their cases;
          (c) Allowing the views, needs and concerns of child 
        victims to be presented and considered in proceedings 
        where their personal interests are affected, in a 
        manner consistent with the procedural rules of national 
        law;
          (d) Providing appropriate support services to child 
        victims throughout the legal process;
          (e) Protecting, as appropriate, the privacy and 
        identity of child victims and taking measures in 
        accordance with national law to avoid the inappropriate 
        dissemination of information that could lead to the 
        identification of child victims;
          (f) Providing, in appropriate cases, for the safety 
        of child victims, as well as that of their families and 
        witnesses on their behalf, from intimidation and 
        retaliation;
          (g) Avoiding unnecessary delay in the disposition of 
        cases and the execution of orders or decrees granting 
        compensation to child victims.
    2. States Parties shall ensure that uncertainty as to the 
actual age of the victim shall not prevent the initiation of 
criminal investigations, including investigations aimed at 
establishing the age of the victim.
    3. States Parties shall ensure that, in the treatment by 
the criminal justice system of children who are victims of the 
offences described in the present Protocol, the best interest 
of the child shall be a primary consideration.
    4. States Parties shall take measures to ensure appropriate 
training, in particular legal and psychological training, for 
the persons who work with victims of the offences prohibited 
under the present Protocol.
    5. States Parties shall, in appropriate cases, adopt 
measures in order to protect the safety and integrity of those 
persons and/or organizations involved in the prevention and/or 
protection and rehabilitation of victims of such offences.
    6. Nothing in the present article shall be construed to be 
prejudicial to or inconsistent with the rights of the accused 
to a fair and impartial trial.

                               Article 9

    1. States Parties shall adopt or strengthen, implement and 
disseminate laws, administrative measures, social policies and 
programmes to prevent the offences referred to in the present 
Protocol. Particular attention shall be given to protect 
children who are especially vulnerable to such practices.
    2. States Parties shall promote awareness in the public at 
large, including children, through information by all 
appropriate means, education and training, about the preventive 
measures and harmful effects of the offences referred to in the 
present Protocol. In fulfilling their obligations under this 
article, States Parties shall encourage the participation of 
the community and, in particular, children and child victims, 
in such information and education and training programmes, 
including at the international level.
    3. States Parties shall take all feasible measures with the 
aim of ensuring all appropriate assistance to victims of such 
offences, including their full social reintegration and their 
full physical and psychological recovery.
    4. States Parties shall ensure that all child victims of 
the offences described in the present Protocol have access to 
adequate procedures to seek, without discrimination, 
compensation for damages from those legally responsible.
    5. States Parties shall take appropriate measures aimed at 
effectively prohibiting the production and dissemination of 
material advertising the offences described in the present 
Protocol.

                               Article 10

    1. States Parties shall take all necessary steps to 
strengthen international cooperation by multilateral, regional 
and bilateral arrangements for the prevention, detection, 
investigation, prosecution and punishment of those responsible 
for acts involving the sale of children, child prostitution, 
child pornography and child sex tourism. States Parties shall 
also promote international cooperation and coordination between 
their authorities, national and international non-governmental 
organizations and international organizations.
    2. States Parties shall promote international cooperation 
to assist child victims in their physical and psychological 
recovery, social reintegration and repatriation.
    3. States Parties shall promote the strengthening of 
international cooperation in order to address the root causes, 
such as poverty and underdevelopment, contributing to the 
vulnerability of children to the sale of children, child 
prostitution, child pornography and child sex tourism.
    4. States Parties in a position to do so shall provide 
financial, technical or other assistance through existing 
multilateral, regional, bilateral or other programmes.

                               Article 11

    Nothing in the present Protocol shall affect any provisions 
that are more conducive to the realization of the rights of the 
child and that may be contained in:
          (a) The law of a State Party;
          (b) International law in force for that State.

                               Article 12

    1. Each State Party shall, within two years following the 
entry into force of the present Protocol for that State Party, 
submit a report to the Committee on the Rights of the Child 
providing comprehensive information on the measures it has 
taken to implement the provisions of the Protocol.
    2. Following the submission of the comprehensive report, 
each State Party shall include in the reports they submit to 
the Committee on the Rights of the Child, in accordance with 
article 44 of the Convention, any further information with 
respect to the implementation of the present Protocol. Other 
States Parties to the Protocol shall submit a report every five 
years.
    3. The Committee on the Rights of the Child may request 
from States Parties further information relevant to the 
implementation of the present Protocol.

                               Article 13

    1. The present Protocol is open for signature by any State 
that is a party to the Convention or has signed it.
    2. The present Protocol is subject to ratification and is 
open to accession by any State that is a party to the 
Convention or has signed it. Instruments of ratification or 
accession shall be deposited with the Secretary-General of the 
United Nations.

                               Article 14

    1. The present Protocol shall enter into force three months 
after the deposit of the tenth instrument of ratification or 
accession.
    2. For each State ratifying the present Protocol or 
acceding to it after its entry into force, the Protocol shall 
enter into force one month after the date of the deposit of its 
own instrument of ratification or accession.

                               Article 15

    1. Any State Party may denounce the present Protocol at any 
time by written notification to the Secretary-General of the 
United Nations, who shall thereafter inform the other States 
Parties to the Convention and all States that have signed the 
Convention. The denunciation shall take effect one year after 
the date of receipt of the notification by the Secretary-
General.
    2. Such a denunciation shall not have the effect of 
releasing the State Party from its obligations under the 
present Protocol in regard to any offence that occurs prior to 
the date on which the denunciation becomes effective. Nor shall 
such a denunciation prejudice in any way the continued 
consideration of any matter that is already under consideration 
by the Committee on the Rights of the Child prior to the date 
on which the denunciation becomes effective.

                               Article 16

    1. Any State Party may propose an amendment and file it 
with the Secretary-General of the United Nations. The 
Secretary-General shall thereupon communicate the proposed 
amendment to States Parties with a request that they indicate 
whether they favour a conference of States Parties for the 
purpose of considering and voting upon the proposals. In the 
event that, within four months from the date of such 
communication, at least one third of the States Parties favour 
such a conference, the Secretary-General shall convene the 
conference under the auspices of the United Nations. Any 
amendment adopted by a majority of States Parties present and 
voting at the conference shall be submitted to the General 
Assembly of the United Nations for approval.
    2. An amendment adopted in accordance with paragraph 1 of 
the present article shall enter into force when it has been 
approved by the General Assembly and accepted by a two-thirds 
majority of States Parties.
    3. When an amendment enters into force, it shall be binding 
on those States Parties that have accepted it, other States 
Parties still being bound by the provisions of the present 
Protocol and any earlier amendments they have accepted.

                               Article 17

    1. The present Protocol, of which the Arabic, Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited in the archives of the United 
Nations.
    2. The Secretary-General of the United Nations shall 
transmit certified copies of the present Protocol to all States 
Parties to the Convention and all States that have signed the 
Convention.
=======================================================================


                       K. FINANCIAL INSTITUTIONS

                                CONTENTS

                                                                   Page

 1. International Monetary Fund..................................  1083
      a. Articles of Agreement (amended).........................  1086
      b. General Arrangements to Borrow..........................  1144
            (1) Original Decision of the Executive Directors of 
                the International Monetary Fund..................  1144
            (2) Letter From M. Wilfrid Baumgartner, Minister of 
                Finance, France, to Douglas Dillon, Secretary of 
                the Treasury, United States......................  1151
            (3) General Arrangements to Borrow: Revision.........  1154
            (4) Borrowing Arrangement with Saudi Arabia in 
                Association with the General Arrangements to 
                Borrow...........................................  1163
      c. New Arrangements to Borrow..............................  1168
            (1) Decision of the Executive Directors of the 
                International Monetary Fund......................  1168
            (2) Transferability of Claims........................  1181
 2. Articles of Agreement Establishing the International Bank for 
    Reconstruction and Development (Amended).....................  1182
 3. Articles of Agreement Establishing the International 
    Development Association......................................  1208
 4. Articles of Agreement Establishing the International Finance 
    Corporation (Amended)........................................  1229
 5. Convention Establishing the Multilateral Investment Guarantee 
    Agency.......................................................  1246
 6. Instrument for the Establishment of the Restructured Global 
    Environment Facility (Amended)...............................  1279
 7. Articles of Agreement Establishing the Inter-American 
    Development Bank (Amended)...................................  1304
 8. Articles of Agreement Establishing the Inter-American 
    Investment Corporation.......................................  1343
 9. Articles of Agreement Establishing the Asian Development Bank  1362
10. Articles of Agreement Establishing the African Development 
    Fund.........................................................  1395
11. Convention on the Settlement of Investment Disputes Between 
    States and Nationals of Other States.........................  1421
12. Agreement Establishing the European Bank for Reconstruction 
    and Development (Amended)....................................  1439
13. Agreement Between the United States and the United Mexican 
    States Concerning the Establishment of a Border Environment 
    Cooperation Commission and a North American Development Bank 
    (Amended)....................................................  1477

=======================================================================

      
                     1. International Monetary Fund

                   a. Articles of Agreement (amended)

                                CONTENTS

                                                                   Page

Introductory Article.............................................  1086

I.

Purposes

                                                                   1086

II.

Membership

                                                                   1087
           1. Original members...................................  1087
           2. Other members......................................  1087

III.

Quotas and Subscriptions

                                                                   1087
           1. Quotas.............................................  1087
           2. Adjustment of quotas...............................  1087
           3. Payments when quotas are changed...................  1088
           4. Substitution of securities for currency............  1088

IV.

Obligations Regarding Exchange Arrangements

                                                                   1089
           1. General obligations of members.....................  1089
           2. General exchange arrangements......................  1089
           3. Surveillance over exchange arrangements............  1090
           4. Par values.........................................  1090
           5. Separate currencies within a member's territories..  1090

V.

Operations and Transactions of the Fund

                                                                   1091
           1. Agencies dealing with the Fund.....................  1091
           2. Limitation on the Fund's operations and 
              transactions.......................................  1091
           3. Conditions governing use of the Fund's general 
              resources..........................................  1091
           4. Waiver of conditions...............................  1092
           5. Ineligibility to use the Fund's general resources..  1093
           6. Other purchases and sales of special drawing rights 
              by the Fund........................................  1093
           7. Repurchase by a member of its currency held by the 
              Fund...............................................  1093
           8. Charges............................................  1095
           9. Remuneration.......................................  1096
          10. Computations.......................................  1096
          11. Maintenance of value...............................  1097
          12. Other operations and transactions..................  1097

VI.

Capital Transfers

                                                                   1099
           1. Use of the Fund's general resources for capital 
              transfers..........................................  1099
           2. Special provisions for capital transfers...........  1099
           3. Controls of capital transfers......................  1099

VII.

Replenishment and Scarce Currencies

                                                                   1100
           1. Measures to replenish the Fund's holdings of scarce 
              currencies.........................................  1100
           2. General scarcity of currency.......................  1100
           3. Scarcity of the Fund's holdings....................  1100
           4. Administration of restrictions.....................  1101
           5. Effect of other international agreements on 
              restrictions.......................................  1101

VIII.

General Obligations of Members

                                                                   1101
           1. Introduction.......................................  1101
           2. Avoidance of restrictions on current payments......  1101
           3. Avoidance of discriminatory currency practices.....  1101
           4. Convertibility of foreign held balances............  1102
           5. Furnishing of information..........................  1102
           6. Consultation between members regarding existing 
              international agreements...........................  1103
           7. Obligation to collaborate regarding policies on 
              reserve assets.....................................  1103

IX.

Status, Immunities and Privileges

                                                                   1103
           1. Purposes of Article................................  1103
           2. Status of the Fund.................................  1103
           3. Immunity from judicial process.....................  1104
           4. Immunity from other action.........................  1104
           5. Immunity of archives...............................  1104
           6. Freedom of assets from restrictions................  1104
           7. Privilege for communications.......................  1104
           8. Immunities and privileges of officers and employees  1104
           9. Immunities from taxation...........................  1104
          10. Application of Article.............................  1105

X.

Relations with Other International Organizations

                                                                   1105

XI.

Relations with Non-Member Countries

                                                                   1105
           1. Undertakings regarding relations with non-member 
              countries..........................................  1105
           2. Restrictions on transactions with non-member 
              countries..........................................  1106

XII.

Organization and Management

                                                                   1106
           1. Structure of the Fund..............................  1106
           2. Board of Governors.................................  1106
           3. Executive Board....................................  1107
           4. Managing Director and staff........................  1108
           5. Voting.............................................  1109
           6. Reserves and distribution of net income and 
              investment.........................................  1109
           7. Publication of reports.............................  1111
           8. Communication of views to members..................  1111

XIII.

Offices and Depositories

                                                                   1111
           1. Location of offices................................  1111
           2. Depositories.......................................  1111
           3. Guarantee of the Fund's assets.....................  1112

XIV.

Transitional Arrangements

                                                                   1112
           1. Notification to the Fund...........................  1112
           2. Exchange restrictions..............................  1112
           3. Action of the Fund relating to restrictions........  1112

XV.

Special Drawing Rights

                                                                   1113
           1. Authority to allocate special drawing rights.......  1113
           2. Valuation of the special drawing right.............  1113

XVI.

General Department and Special Drawing Rights Department

                                                                   1113
           1. Separation of operations and transactions..........  1113
           2. Separation of assets and property..................  1113
           3. Recording and information..........................  1113

XVII.

Participants and Other Holders of Special Drawing Rights

                                                                   1114
           1. Participants.......................................  1114
           2. Fund as a holder...................................  1114
           3. Other holders......................................  1114

XVIII.

Allocation and Cancellation of Special Drawing Rights

                                                                   1114
           1. Principles and considerations governing allocation 
              and cancellation...................................  1114
           2. Allocation and cancellation........................  1115
           3. Unexpected major developments......................  1116
           4. Decisions on allocations and cancellations.........  1116

XIX.

Operations and Transactions in Special Drawing Rights

                                                                   1117
           1. Use of special drawing rights......................  1117
           2. Operations and transactions between participants...  1117
           3. Requirement of need................................  1117
           4. Obligation to provide currency.....................  1118
           5. Designation of participants to provide currency....  1118
           6. Reconstitution.....................................  1118
           7. Exchange rates.....................................  1119

XX.

Special Drawing Rights Department Interest and Charges

                                                                   1119
           1. Interest...........................................  1119
           2. Charges............................................  1119
           3. Rate of interest and charges.......................  1119
           4. Assessments........................................  1119
           5. Payment of interest, charges, and assessments......  1119

XXI.

Administration of the General Department and the Special Drawing Rights 
Account

                                                                   1120

XXII.

General Obligations of Participants

                                                                   1121

XXIII.

Suspension of Operations and Transactions in Special Drawing Rights

                                                                   1121
           1. Emergency provisions...............................  1121
           2. Failure to fulfill obligations.....................  1121

XXIV.

Termination of Participation

                                                                   1122
           1. Right to terminate participation...................  1122
           2. Settlement on termination..........................  1122
           3. Interest and charges...............................  1123
           4. Settlement of obligation to the Fund...............  1123
           5. Settlement of obligation to a terminating 
              participant........................................  1123
           6. General Resources Account transactions.............  1123

XXV.

Liquidation of the Special Drawing Rights Department

                                                                   1124

XXVI.

Withdrawal from Membership

                                                                   1124
           1. Right of members to withdraw.......................  1124
           2. Compulsory withdrawal..............................  1124
           3. Settlement of accounts with members withdrawing....  1125

XXVII.

Emergency Provisions

                                                                   1125
           1. Temporary suspension...............................  1125
           2. Liquidation of the Fund............................  1126

XXVIII.

 Amendments

                                                                   1126

XXIX.

 Interpretation

                                                                   1126

XXX.

 Explanation of Terms

                                                                   1127

XXXI.

 Final Provisions

                                                                   1128
           1. Entry into force...................................  1128
           2. Signature..........................................  1128

                               SCHEDULES

A. Quotas........................................................  1129
B. Transitional Provisions with Respect to Repurchase, Payment of 
    Additional Subscriptions, Gold, and Certain Operational 
    Matters......................................................  1130
C. Par Values....................................................  1131
D. Council.......................................................  1133
E. Election of Executive Directors...............................  1134
F. Designation...................................................  1135
G. Reconstitution................................................  1135
H. Termination of Participation..................................  1136
I. Administration of Liquidation of the Special Drawing Rights 
    Department...................................................  1137
J. Settlement of Accounts with Members Withdrawing...............  1139
K. Administration of Liquidation.................................  1140
L. Suspension of Voting Rights...................................  1142
                     1. International Monetary Fund

                 a. Articles of Agreement \1\ (amended)

   Articles of agreement between the United States and other powers 
               respecting the International Monetary Fund

  Formulated at the United Nations Monetary and Financial Conference, 
   Bretton Woods, New Hampshire, July 1 to July 22, 1944; Signed at 
 Washington, December 27, 1945; Instrument of acceptance by the United 
   States deposited, December 20, 1945, Effective December 27, 1945; 
   Amended May 31, 1968,\2\ April 30, 1976,\3\ and June 28, 1990 \4\

    The Governments on whose behalf the present Agreement is 
signed agree as follows:
---------------------------------------------------------------------------
    \1\ 60 Stat. 1401; TIAS 1501; 3 Bevans 1351; 2 UNTS 39. For a list 
of states that are parties to the Fund, see Department of State 
publication, Treaties in Force.
    \2\ Entered into force July 28, 1969. 20 UST 2775; TIAS 6748.
    \3\ Entered into force April 1, 1978. 29 UST 2203; TIAS 8937.
    \4\ Entered into force November 11, 1992. TIAS 11898.
---------------------------------------------------------------------------

                          Introductory Article

    (i) The International Monetary Fund is established and 
shall operate in accordance with the provisions of this 
Agreement as originally adopted and subsequently amended.
    (ii) To enable the Fund to conduct its operations and 
transactions, the Fund shall maintain a General Department and 
a Special Drawing Rights Department. Membership in the Fund 
shall give the right to participation in the Special Drawing 
Rights Department.
    (iii) Operations and transactions authorized by this 
Agreement shall be conducted through the General Department, 
consisting in accordance with the provisions of this Agreement 
of the General Resources Account, the Special Disbursement 
Account, and the Investment Account; except that operations and 
transactions involving special drawing rights shall be 
conducted through the Special Drawing Rights Department.

                          Article I--Purposes

  The purposes of the International Monetary Fund are:
          (i) To promote international monetary cooperation 
        through a permanent institution which provides the 
        machinery for consultation and collaboration on 
        international monetary problems.
          (ii) To facilitate the expansion and balanced growth 
        of international trade, and to contribute thereby to 
        the promotion and maintenance of high levels of 
        employment and real income and to the development of 
        the productive resources of all members as primary 
        objectives of economic policy.
          (iii) To promote exchange stability, to maintain 
        orderly exchange arrangements among members, and to 
        avoid competitive exchange depreciation.
          (iv) To assist in the establishment of a multilateral 
        system of payments in respect of current transactions 
        between members and in the elimination of foreign 
        exchange restrictions which hamper the growth of world 
        trade.
          (v) To give confidence to members by making the 
        general resources of the Fund temporarily available to 
        them under adequate safeguards, thus providing them 
        with opportunity to correct maladjustments in their 
        balance of payments without resorting to measures 
        destructive of national or international prosperity.
          (vi) In accordance with the above, to shorten the 
        duration and lessen the degree of disequilibrium in the 
        international balances of payments of members.
The Fund shall be guided in all its policies and decisions by 
the purposes set forth in this Article.

                         Article II--Membership

                      section 1. original members

    The original members of the Fund shall be those of the 
countries represented at the United Nations Monetary and 
Financial Conference whose governments accept membership before 
December 31, 1945.

                        section 2. other members

    Membership shall be open to other countries at such times 
and in accordance with such terms as may be prescribed by the 
Board of Governors. These terms, including the terms for 
subscriptions, shall be based on principles consistent with 
those applied to other countries that are already members.

                 Article III--Quotas and Subscriptions

             section 1. quotas and payment of subscriptions

    Each member shall be assigned a quota expressed in special 
drawing rights. The quotas of the members represented at the 
United Nations Monetary and Financial Conference which accept 
membership before December 31, 1945 shall be those set forth in 
Schedule A. The quotas of other members shall be determined by 
the Board of Governors. The subscription of each member shall 
be equal to its quota and shall be paid in full to the Fund at 
the appropriate depository.

                    section 2. adjustment of quotas

    (a) The Board of Governors shall at intervals of not more 
than five years conduct a general review, and if it deems it 
appropriate propose an adjustment, of the quotas of the 
members. It may also, if it thinks fit, consider at any other 
time the adjustment of any particular quota at the request of 
the member concerned.
    (b) The Fund may at any time propose an increase in the 
quotas of those members of the Fund that were members on August 
31, 1975 in proportion to their quotas on that date in a 
cumulative amount not in excess of amounts transferred under 
Article V, Section 12(f)(i) and (j) from the Special 
Disbursement Account to the General Resources Account.
    (c) An eighty-five percent majority of the total voting 
power shall be required for any change in quotas.
    (d) The quota of a member shall not be changed until the 
member has consented and until payment has been made unless 
payment is deemed to have been made in accordance with Section 
3(b) of this Article.

              section 3. payments when quotas are changed

    (a) Each member which consents to an increase in its quota 
under Section 2(a) of this Article shall, within a period 
determined by the Fund, pay to the Fund twenty-five percent of 
the increase in special drawing rights, but the Board of 
Governors may prescribe that this payment may be made, on the 
same basis for all members, in whole or in part in the 
currencies of other members specified, with their concurrence, 
by the Fund, or in the member's own currency. A non-participant 
shall pay in the currencies of other members specified by the 
Fund, with their concurrence, a proportion of the increase 
corresponding to the proportion to be paid in special drawing 
rights by participants. The balance of the increase shall be 
paid by the member in its own currency. The Fund's holdings of 
a member's currency shall not be increased above the level at 
which they would be subject to charges under Article V, Section 
8(b)(ii), as a result of payments by other members under this 
provision.
    (b) Each member which consents to an increase in its quota 
under Section 2(b) of this Article shall be deemed to have paid 
to the Fund an amount of subscription equal to such increase.
    (c) If a member consents to a reduction in its quota, the 
Fund shall, within sixty days, pay to the member an amount 
equal to the reduction. The payment shall be made in the 
member's currency and in such amount of special drawing rights 
or the currencies of other members specified, with their 
concurrence, by the Fund as is necessary to prevent the 
reduction of the Fund's holdings of the currency below the new 
quota, provided that in exceptional circumstances the Fund may 
reduce its holdings of the currency below the new quota by 
payment to the member in its own currency.
    (d) A seventy percent majority of the total voting power 
shall be required for any decision under (a) above, except for 
the determination of a period and the specification of 
currencies under that provision.

           section 4. substitution of securities for currency

    The Fund shall accept from any member, in place of any part 
of the member's currency in the General Resources Account which 
in the judgment of the Fund is not needed for its operations 
and transactions, notes or similar obligations issued by the 
member or the depository designated by the member under Article 
XIII, Section 2, which shall be non-negotiable, non-interest 
bearing and payable at their face value on demand by crediting 
the account of the Fund in the designated depository. This 
Section shall apply not only to currency subscribed by members 
but also to any currency otherwise due to, or acquired by, the 
Fund and to be placed in the General Resources Account.

        Article IV--Obligations Regarding Exchange Arrangements

               section 1. general obligations of members

    Recognizing that the essential purpose of the international 
monetary system is to provide a framework that facilitates the 
exchange of goods, services, and capital among countries, and 
that sustains sound economic growth, and that a principal 
objective is the continuing development of the orderly 
underlying conditions that are necessary for financial and 
economic stability, each member undertakes to collaborate with 
the Fund and other members to assure orderly exchange 
arrangements and to promote a stable system of exchange rates. 
In particular, each member shall:
          (i) endeavor to direct its economic and financial 
        policies toward the objective of fostering orderly 
        economic growth with reasonable price stability, with 
        due regard to its circumstances;
          (ii) seek to promote stability by fostering orderly 
        underlying economic and financial conditions and a 
        monetary system that does not tend to produce erratic 
        disruptions;
          (iii) avoid manipulating exchange rates or the 
        international monetary system in order to prevent 
        effective balance of payments adjustment or to gain an 
        unfair competitive advantage over other members; and
          (iv) follow exchange policies compatible with the 
        undertakings under this Section.

                section 2. general exchange arrangements

    (a) Each member shall notify the Fund, within thirty days 
after the date of the second amendment of this Agreement, of 
the exchange arrangements it intends to apply in fulfillment of 
its obligations under Section 1 of this Article, and shall 
notify the Fund promptly of any changes in its exchange 
arrangements.
    (b) Under an international monetary system of the kind 
prevailing on January 1, 1976, exchange arrangements may 
include (i) the maintenance by a member of a value for its 
currency in terms of the special drawing right or another 
denominator, other than gold, selected by the member, or (ii) 
cooperative arrangements by which members maintain the value of 
their currencies in relation to the value of the currency or 
currencies of other members, or (iii) other exchange 
arrangements of a member's choice.
    (c) To accord with the development of the international 
monetary system, the Fund, by an eighty-five percent majority 
of the total voting power, may make provision for general 
exchange arrangements without limiting the right of members to 
have exchange arrangements of their choice consistent with the 
purposes of the Fund and the obligations under Section 1 of 
this Article.

           section 3. surveillance over exchange arrangements

    (a) The Fund shall oversee the international monetary 
system in order to ensure its effective operation, and shall 
oversee the compliance of each member with its obligations 
under Section 1 of this Article.
    (b) In order to fulfill its functions under (a) above, the 
Fund shall exercise firm surveillance over the exchange rate 
policies of members, and shall adopt specific principles for 
the guidance of all members with respect to those policies. 
Each member shall provide the Fund with the information 
necessary for such surveillance, and, when requested by the 
Fund, shall consult with it on the member's exchange rate 
policies. The principles adopted by the Fund shall be 
consistent with cooperative arrangements by which members 
maintain the value of their currencies in relation to the value 
of the currency or currencies of other members, as well as with 
other exchange arrangements of a member's choice consistent 
with the purposes of the Fund and Section 1 of this Article. 
These principles shall respect the domestic social and 
political policies of members, and in applying these principles 
the Fund shall pay due regard to the circumstances of members.

                         section 4. par values

    The Fund may determine, by an eighty-five percent majority 
of the total voting power, that international economic 
conditions permit the introduction of a widespread system of 
exchange arrangements based on stable but adjustable par 
values. The Fund shall make the determination on the basis of 
the underlying stability of the world economy, and for this 
purpose shall take into account price movements and rates of 
expansion in the economies of members. The determination shall 
be made in light of the evolution of the international monetary 
system, with particular reference to sources of liquidity, and, 
in order to ensure the effective operation of a system of par 
values, to arrangements under which both members in surplus and 
members in deficit in their balances of payments take prompt, 
effective, and symmetrical action to achieve adjustment, as 
well as to arrangements for intervention and the treatment of 
imbalances. Upon making such determination, the Fund shall 
notify members that the provisions of Schedule C apply.

      section 5. separate currencies within a member's territories

    (a) Action by a member with respect to its currency under 
this Article shall be deemed to apply to the separate 
currencies of all territories in respect of which the member 
has accepted this Agreement under Article XXXI, Section 2(g) 
unless the member declares that its action relates either to 
the metropolitan currency alone, or only to one or more 
specified separate currencies, or to the metropolitan currency 
and one or more specified separate currencies.
    (b) Action by the Fund under this Article shall be deemed 
to relate to all currencies of a member referred to in (a) 
above unless the Fund declares otherwise.

           Article V--Operations and Transactions of the Fund

               section 1. agencies dealing with the fund

    Each member shall deal with the Fund only through its 
Treasury, central bank, stabilization fund, or other similar 
fiscal agency, and the Fund shall deal only with or through the 
same agencies.

    section 2. limitation on the fund's operations and transactions

    (a) Except as otherwise provided in this Agreement, 
transactions on the account of the Fund shall be limited to 
transactions for the purpose of supplying a member, on the 
initiative of such member, with special drawing rights or the 
currencies of other members from the general resources of the 
Fund, which shall be held in the General Resources Account, in 
exchange for the currency of the member desiring to make the 
purchase.
    (b) If requested, the Fund may decide to perform financial 
and technical services, including the administration of 
resources contributed by members, that are consistent with the 
purposes of the Fund. Operations involved in the performance of 
such financial services shall not be on the account of the 
Fund. Services under this subsection shall not impose any 
obligation on a member without its consent.

  section 3. conditions governing use of the fund's general resources

    (a) The Fund shall adopt policies on the use of its general 
resources, including policies on stand-by or similar 
arrangements, and may adopt special policies for special 
balance of payments problems, that will assist members to solve 
their balance of payments problems in a manner consistent with 
the provisions of this Agreement and that will establish 
adequate safeguards for the temporary use of the general 
resources of the Fund.
    (b) A member shall be entitled to purchase the currencies 
of other members from the Fund in exchange for an equivalent 
amount of its own currency subject to the following conditions:
          (i) the member's use of the general resources of the 
        Fund would be in accordance with the provisions of this 
        Agreement and the policies adopted under them;
          (ii) the member represents that it has a need to make 
        the purchase because of its balance of payments or its 
        reserve position or developments in its reserves;
          (iii) the proposed purchase would be a reserve 
        tranche purchase, or would not cause the Fund's 
        holdings of the purchasing member's currency to exceed 
        two hundred percent of its quota;
          (iv) the Fund has not previously declared under 
        Section 5 of this Article, Article VI, Section 1, or 
        Article XXVI, Section 2(a) that the member desiring to 
        purchase is ineligible to use the general resources of 
        the Fund.
    (c) The Fund shall examine a request for a purchase to 
determine whether the proposed purchase would be consistent 
with the provisions of this Agreement and the policies adopted 
under them, provided that requests for reserve tranche 
purchases shall not be subject to challenge.
    (d) The Fund shall adopt policies and procedures on the 
selection of currencies to be sold that take into account, in 
consultation with members, the balance of payments and reserve 
position of members and developments in the exchange markets, 
as well as the desirability of promoting over time balanced 
positions in the Fund, provided that if a member represents 
that it is proposing to purchase the currency of another member 
because the purchasing member wishes to obtain an equivalent 
amount of its own currency offered by the other member, it 
shall be entitled to purchase the currency of the other member 
unless the Fund has given notice under Article VII, Section 3 
that its holdings of the currency have become scarce.
    (e)(i) Each member shall ensure that balances of its 
currency purchased from the Fund are balances of a freely 
usable currency or can be exchanged at the time of purchase for 
a freely usable currency of its choice at an exchange rate 
between the two currencies equivalent to the exchange rate 
between them on the basis of Article XIX, Section 7(a).
    (ii) Each member whose currency is purchased from the Fund 
or is obtained in exchange for currency purchased from the Fund 
shall collaborate with the Fund and other members to enable 
such balances of its currency to be exchanged, at the time of 
purchase, for the freely usable currencies of other members.
    (iii) An exchange under (i) above of a currency that is not 
freely usable shall be made by the member whose currency is 
purchased unless that member and the purchasing member agree on 
another procedure.
    (iv) A member purchasing from the Fund the freely usable 
currency of another member and wishing to exchange it at the 
time of purchase for another freely usable currency shall make 
the exchange with the other member if requested by that member. 
The exchange shall be made for a freely usable currency 
selected by the other member at the rate of exchange referred 
to in (i) above.
    (f) Under policies and procedures which it shall adopt, the 
Fund may agree to provide a participant making a purchase in 
accordance with this Section with special drawing rights 
instead of the currencies of other members.

                    section 4. waiver of conditions

    The Fund may in its discretion, and on terms which 
safeguard its interests, waive any of the conditions prescribed 
in Section 3(b)(iii) and (iv) of this Article, especially in 
the case of members with a record of avoiding large or 
continuous use of the Fund's general resources. In making a 
waiver it shall take into consideration periodic or exceptional 
requirements of the member requesting the waiver. The Fund 
shall also take into consideration a member's willingness to 
pledge as collateral security acceptable assets having a value 
sufficient in the opinion of the Fund to protect its interests 
and may require as a condition of waiver the pledge of such 
collateral security.

      section 5. ineligibility to use the fund's general resources

    Whenever the Fund is of the opinion that any member is 
using the general resources of the Fund in a manner contrary to 
the purposes of the Fund, it shall present to the member a 
report setting forth the views of the Fund and prescribing a 
suitable time for reply. After presenting such a report to a 
member, the Fund may limit the use of its general resources by 
the member. If no reply to the report is received from the 
member within the prescribed time, or if the reply received is 
unsatisfactory, the Fund may continue to limit the member's use 
of the general resources of the Fund or may, after giving 
reasonable notice to the member, declare it ineligible to use 
the general resources of the Fund.

 section 6. other purchases and sales of special drawing rights by the 
                                  fund

    (a) The Fund may accept special drawing rights offered by a 
participant in exchange for an equivalent amount of the 
currencies of other members.
    (b) The Fund may provide a participant, at its request, 
with special drawing rights for an equivalent amount of the 
currencies of other members. The Fund's holdings of a member's 
currency shall not be increased as a result of these 
transactions above the level at which the holdings would be 
subject to charges under Section 8(b)(ii) of this Article.
    (c) The currencies provided or accepted by the Fund under 
this Section shall be selected in accordance with policies that 
take into account the principles of Section 3(d) or 7(i) of 
this Article. The Fund may enter into transactions under this 
Section only if a member whose currency is provided or accepted 
by the Fund concurs in that use of its currency.

   section 7. repurchase by a member of its currency held by the fund

    (a) A member shall be entitled to repurchase at any time 
the Fund's holdings of its currency that are subject to charges 
under Section 8(b) of this Article.
    (b) A member that has made a purchase under Section 3 of 
this Article will be expected normally, as its balance of 
payments and reserve position improves, to repurchase the 
Fund's holdings of its currency that result from the purchase 
and are subject to charges under Section 8(b) of this Article. 
A member shall repurchase these holdings if, in accordance with 
policies on repurchase that the Fund shall adopt and after 
consultation with the member, the Fund represents to the member 
that it should repurchase because of an improvement in its 
balance of payments and reserve position.
    (c) A member that has made a purchase under Section 3 of 
this Article shall repurchase the Fund's holdings of its 
currency that result from the purchase and are subject to 
charges under Section 8(b) of this Article not later than five 
years after the date on which the purchase was made. The Fund 
may prescribe that repurchase shall be made by a member in 
installments during the period beginning three years and ending 
five years after the date of a purchase. The Fund, by an 
eighty-five percent majority of the total voting power, may 
change the periods for repurchase under this subsection, and 
any period so adopted shall apply to all members.
    (d) The Fund, by an eighty-five percent majority of the 
total voting power, may adopt periods other than those that 
apply in accordance with (c) above, which shall be the same for 
all members, for the repurchase of holdings of currency 
acquired by the Fund pursuant to a special policy on the use of 
its general resources.
    (e) A member shall repurchase, in accordance with policies 
that the Fund shall adopt by a seventy percent majority of the 
total voting power, the Fund's holdings of its currency that 
are not acquired as a result of purchases and are subject to 
charges under Section 8(b)(ii) of this Article.
    (f) A decision prescribing that under a policy on the use 
of the general resources of the Fund the period for repurchase 
under (c) or (d) above shall be shorter than the one in effect 
under the policy shall apply only to holdings acquired by the 
Fund subsequent to the effective date of the decision.
    (g) The Fund, on the request of a member, may postpone the 
date of discharge of a repurchase obligation, but not beyond 
the maximum period under (c) or (d) above or under policies 
adopted by the Fund under (e) above, unless the Fund 
determines, by a seventy percent majority of the total voting 
power, that a longer period for repurchase which is consistent 
with the temporary use of the general resources of the Fund is 
justified because discharge on the due date would result in 
exceptional hardship for the member.
    (h) The Fund's policies under Section 3(d) of this Article 
may be supplemented by policies under which the Fund may decide 
after consultation with a member to sell under Section 3(b) of 
this Article its holdings of the member's currency that have 
not been repurchased in accordance with this Section 7, without 
prejudice to any action that the Fund may be authorized to take 
under any other provision of this Agreement.
    (i) All repurchases under this Section shall be made with 
special drawing rights or with the currencies of other members 
specified by the Fund. The Fund shall adopt policies and 
procedures with regard to the currencies to be used by members 
in making repurchases that take into account the principles in 
Section 3(d) of this Article. The Fund's holdings of a member's 
currency that is used in repurchase shall not be increased by 
the repurchase above the level at which they would be subject 
to charges under Section 8(b)(ii) of this Article.
    (j)(i) If a member's currency specified by the Fund under 
(i) above is not a freely usable currency, the member shall 
ensure that the repurchasing member can obtain it at the time 
of the repurchase in exchange for a freely usable currency 
selected by the member whose currency has been specified. An 
exchange of currency under this provision shall take place at 
an exchange rate between the two currencies equivalent to the 
exchange rate between them on the basis of Article XIX, Section 
7(a).
    (ii) Each member whose currency is specified by the Fund 
for repurchase shall collaborate with the Fund and other 
members to enable repurchasing members, at the time of the 
repurchase, to obtain the specified currency in exchange for 
the freely usable currencies of other members.
    (iii) An exchange under (j)(i) above shall be made with the 
member whose currency is specified unless that member and the 
repurchasing member agree on another procedure.
    (iv) If a repurchasing member wishes to obtain, at the time 
of the repurchase, the freely usable currency of another member 
specified by the Fund under (i) above, it shall, if requested 
by the other member, obtain the currency from the other member 
in exchange for a freely usable currency at the rate of 
exchange referred to in (j)(i) above. The Fund may adopt 
regulations on the freely usable currency to be provided in an 
exchange.

                           section 8. charges

    (a)(i) The Fund shall levy a service charge on the purchase 
by a member of special drawing rights or the currency of 
another member held in the General Resources Account in 
exchange for its own currency, provided that the Fund may levy 
a lower service charge on reserve tranche purchases than on 
other purchases. The service charge on reserve tranche 
purchases shall not exceed one-half of one percent.
    (ii) The Fund may levy a charge for stand-by or similar 
arrangements. The Fund may decide that the charge for an 
arrangement shall be offset against the service charge levied 
under (i) above on purchases under the arrangement.
    (b) The Fund shall levy charges on its average daily 
balances of a member's currency held in the General Resources 
Account to the extent that they
          (i) have been acquired under a policy that has been 
        the subject of an exclusion under Article XXX(c), or
          (ii) exceed the amount of the member's quota after 
        excluding any balances referred to in (i) above.
The rates of charge normally shall rise at intervals during the 
period in which the balances are held.
    (c) If a member fails to make a repurchase required under 
Section 7 of this Article, the Fund, after consultation with 
the member on the reduction of the Fund's holdings of its 
currency, may impose such charges as the Fund deems appropriate 
on its holdings of the member's currency that should have been 
repurchased.
    (d) A seventy percent majority of the total voting power 
shall be required for the determination of the rates of charge 
under (a) and (b) above, which shall be uniform for all 
members, and under (c) above.
    (e) A member shall pay all charges in special drawing 
rights, provided that in exceptional circumstances the Fund may 
permit a member to pay charges in the currencies of other 
members specified by the Fund, after consultation with them, or 
in its own currency. The Fund's holdings of a member's currency 
shall not be increased as a result of payments by other members 
under this provision above the level at which they would be 
subject to charges under (b)(ii) above.

                        section 9. remuneration

    (a) The Fund shall pay remuneration on the amount by which 
the percentage of quota prescribed under (b) or (c) below 
exceeds the Fund's average daily balances of a member's 
currency held in the General Resources Account other than 
balances acquired under a policy that has been the subject of 
an exclusion under Article XXX(c). The rate of remuneration, 
which shall be determined by the Fund by a seventy percent 
majority of the total voting power, shall be the same for all 
members and shall be not more than, nor less than four-fifths 
of, the rate of interest under Article XX, Section 3. In 
establishing the rate of remuneration, the Fund shall take into 
account the rates of charge under Article V, Section 8(b).
    (b) The percentage of quota applying for the purposes of 
(a) above shall be:
          (i) for each member that became a member before the 
        second amendment of this Agreement, a percentage of 
        quota corresponding to seventy-five percent of its 
        quota on the date of the second amendment of this 
        Agreement, and for each member that became a member 
        after the date of the second amendment of this 
        Agreement, a percentage of quota calculated by dividing 
        the total of the amounts corresponding to the 
        percentages of quota that apply to the other members on 
        the date on which the member became a member by the 
        total of the quotas of the other members on the same 
        date; plus
          (ii) the amounts it has paid to the Fund in currency 
        or special drawing rights under Article III, Section 
        3(a) since the date applicable under (b)(i) above; and 
        minus
          (iii) the amounts it has received from the Fund in 
        currency or special drawing rights under Article III, 
        Section 3(c) since the date applicable under (b)(i) 
        above.
    (c) The Fund, by a seventy percent majority of the total 
voting power, may raise the latest percentage of quota applying 
for the purposes of (a) above to each member to:
          (i) a percentage, not in excess of one hundred 
        percent, that shall be determined for each member on 
        the basis of the same criteria for all members, or
          (ii) one hundred percent for all members.
    (d) Remuneration shall be paid in special drawing rights, 
provided that either the Fund or the member may decide that the 
payment to the member shall be made in its own currency.

                        section 10. computations

    (a) The value of the Fund's assets held in the accounts of 
the General Department shall be expressed in terms of the 
special drawing right.
    (b) All computations relating to currencies of members for 
the purpose of applying the provisions of this Agreement, 
except Article IV and Schedule C, shall be at the rates at 
which the Fund accounts for these currencies in accordance with 
Section 11 of this Article.
    (c) Computations for the determination of amounts of 
currency in relation to quota for the purpose of applying the 
provisions of this Agreement shall not include currency held in 
the Special Disbursement Account or in the Investment Account.

                    section 11. maintenance of value

    (a) The value of the currencies of members held in the 
General Resources Account shall be maintained in terms of the 
special drawing right in accordance with exchange rates under 
Article XIX, Section 7(a).
    (b) An adjustment in the Fund's holdings of a member's 
currency pursuant to this Section shall be made on the occasion 
of the use of that currency in an operation or transaction 
between the Fund and another member and at such other times as 
the Fund may decide or the member may request. Payments to or 
by the Fund in respect of an adjustment shall be made within a 
reasonable time, as determined by the Fund, after the date of 
adjustment, and at any other time requested by the member.

             section 12. other operations and transactions

    (a) The Fund shall be guided in all its policies and 
decisions under this Section by the objectives set forth in 
Article VIII, Section 7 and by the objective of avoiding the 
management of the price, or the establishment of a fixed price, 
in the gold market.
    (b) Decisions of the Fund to engage in operations or 
transactions under (c), (d), and (e) below shall be made by an 
eighty-five percent majority of the total voting power.
    (c) The Fund may sell gold for the currency of any member 
after consulting the member for whose currency the gold is 
sold, provided that the Fund's holdings of a member's currency 
held in the General Resources Account shall not be increased by 
the sale above the level at which they would be subject to 
charges under Section 8(b)(ii) of this Article without the 
concurrence of the member, and provided that, at the request of 
the member, the Fund at the time of sale shall exchange for the 
currency of another member such part of the currency received 
as would prevent such an increase. The exchange of a currency 
for the currency of another member shall be made after 
consultation with that member, and shall not increase the 
Fund's holdings of that member's currency above the level at 
which they would be subject to charges under Section 8(b)(ii) 
of this Article. The Fund shall adopt policies and procedures 
with regard to exchanges that take into account the principles 
applied under Section 7(i) of this Article. Sales under this 
provision to a member shall be at a price agreed for each 
transaction on the basis of prices in the market.
    (d) The Fund may accept payments from a member in gold 
instead of special drawing rights or currency in any operations 
or transactions under this Agreement. Payments to the Fund 
under this provision shall be at a price agreed for each 
operation or transaction on the basis of prices in the market.
    (e) The Fund may sell gold held by it on the date of the 
second amendment of this Agreement to those members that were 
members on August 31, 1975 and that agree to buy it, in 
proportion to their quotas on that date. If the Fund intends to 
sell gold under (c) above for the purpose of (f)(ii) below, it 
may sell to each developing member that agrees to buy it that 
portion of the gold which, if sold under (c) above, would have 
produced the excess that could have been distributed to it 
under (f)(iii) below. The gold that would be sold under this 
provision to a member that has been declared ineligible to use 
the general resources of the Fund under Section 5 of this 
Article shall be sold to it when the ineligibility ceases, 
unless the Fund decides to make the sale sooner. The sale of 
gold to a member under this subsection (e) shall be made in 
exchange for its currency and at a price equivalent at the time 
of sale to one special drawing right per 0.888 671 gram of fine 
gold.
    (f) Whenever under (c) above the Fund sells gold held by it 
on the date of the second amendment of this Agreement, an 
amount of the proceeds equivalent at the time of sale to one 
special drawing right per 0.888 671 gram of fine gold shall be 
placed in the General Resources Account and, except as the Fund 
may decide otherwise under (g) below, any excess shall be held 
in the Special Disbursement Account. The assets held in the 
Special Disbursement Account shall be held separately from the 
other accounts of the General Department, and may be used at 
any time:
          (i) to make transfers to the General Resources 
        Account for immediate use in operations and 
        transactions authorized by provisions of this Agreement 
        other than this Section;
          (ii) for operations and transactions that are not 
        authorized by other provisions of this Agreement but 
        are consistent with the purposes of the Fund. Under 
        this subsection (f)(ii) balance of payments assistance 
        may be made available on special terms to developing 
        members in difficult circumstances, and for this 
        purpose the Fund shall take into account the level of 
        per capita income;
          (iii) for distribution to those developing members 
        that were members on August 31, 1975, in proportion to 
        their quotas on that date, of such part of the assets 
        that the Fund decides to use for the purposes of (ii) 
        above as corresponds to the proportion of the quotas of 
        these members on the date of distribution to the total 
        of the quotas of all members on the same date, provided 
        that the distribution under this provision to a member 
        that has been declared ineligible to use the general 
        resources of the Fund under Section 5 of this Article 
        shall be made when the ineligibility ceases, unless the 
        Fund decides to make the distribution sooner.
Decisions to use assets pursuant to (i) above shall be taken by 
a seventy percent majority of the total voting power, and 
decisions pursuant to (ii) and (iii) above shall be taken by an 
eighty-five percent majority of the total voting power.
    (g) The Fund may decide, by an eighty-five percent majority 
of the total voting power, to transfer a part of the excess 
referred to in (f) above to the Investment Account for use 
pursuant to the provisions of Article XII, Section 6(f).
    (h) Pending uses specified under (f) above, the Fund may 
invest a member's currency held in the Special Disbursement 
Account in marketable obligations of that member or in 
marketable obligations of international financial 
organizations. The income of investment and interest received 
under (f)(ii) above shall be placed in the Special Disbursement 
Account. No investment shall be made without the concurrence of 
the member whose currency is used to make the investment. The 
Fund shall invest only in obligations denominated in special 
drawing rights or in the currency used for investment.
    (i) The General Resources Account shall be reimbursed from 
time to time in respect of the expenses of administration of 
the Special Disbursement Account paid from the General 
Resources Account by transfers from the Special Disbursement 
Account on the basis of a reasonable estimate of such expenses.
    (j) The Special Disbursement Account shall be terminated in 
the event of the liquidation of the Fund and may be terminated 
prior to liquidation of the Fund by a seventy percent majority 
of the total voting power. Upon termination of the account 
because of the liquidation of the Fund, any assets in this 
account shall be distributed in accordance with the provisions 
of Schedule K. Upon termination prior to liquidation of the 
Fund, any assets in this account shall be transferred to the 
General Resources Account for immediate use in operations and 
transactions. The Fund, by a seventy percent majority of the 
total voting power, shall adopt rules and regulations for the 
administration of the Special Disbursement Account.

                     Article VI--Capital Transfers

  section 1. use of the fund's general resources for capital transfers

    (a) A member may not use the Fund's general resources to 
meet a large or sustained outflow of capital except as provided 
in Section 2 of this Article, and the Fund may request a member 
to exercise controls to prevent such use of the general 
resources of the Fund. If, after receiving such a request, a 
member fails to exercise appropriate controls, the Fund may 
declare the member ineligible to use the general resources of 
the Fund.
    (b) Nothing in this Section shall be deemed:
          (i) to prevent the use of the general resources of 
        the Fund for capital transactions of reasonable amount 
        required for the expansion of exports or in the 
        ordinary course of trade, banking, or other business; 
        or
          (ii) to affect capital movements which are met out of 
        a member's own resources, but members undertake that 
        such capital movements will be in accordance with the 
        purposes of the Fund.

          section 2. special provisions for capital transfers

  A member shall be entitled to make reserve tranche purchases 
to meet capital transfers.

                section 3. controls of capital transfers

    Members may exercise such controls as are necessary to 
regulate international capital movements, but no member may 
exercise these controls in a manner which will restrict 
payments for current transactions or which will unduly delay 
transfers of funds in settlement of commitments, except as 
provided in Article VII, Section 3(b) and in Article XIV, 
Section 2.

            Article VII--Replenishment and Scarce Currencies

    section 1. measures to replenish the fund's holdings of scarce 
                               currencies

    The Fund may, if it deems such action appropriate to 
replenish its holdings of any member's currency in the General 
Resources Account needed in connection with its transactions, 
take either or both of the following steps:
          (i) propose to the member that, on terms and 
        conditions agreed between the Fund and the member, the 
        latter lend its currency to the Fund or that, with the 
        concurrence of the member, the Fund borrow such 
        currency from some other source either within or 
        outside the territories of the member, but no member 
        shall be under any obligation to make such loans to the 
        Fund or to concur in the borrowing of its currency by 
        the Fund from any other source;
          (ii) require the member, if it is a participant, to 
        sell its currency to the Fund for special drawing 
        rights held in the General Resources Account, subject 
        to Article XIX, Section 4. In replenishing with special 
        drawing rights, the Fund shall pay due regard to the 
        principles of designation under Article XIX, Section 5.

                section 2. general scarcity of currency

    If the Fund finds that a general scarcity of a particular 
currency is developing, the Fund may so inform members and may 
issue a report setting forth the causes of the scarcity and 
containing recommendations designed to bring it to an end. A 
representative of the member whose currency is involved shall 
participate in the preparation of the report.

               section 3. scarcity of the fund's holdings

    (a) If it becomes evident to the Fund that the demand for a 
member's currency seriously threatens the Fund's ability to 
supply that currency, the Fund, whether or not it has issued a 
report under Section 2 of this Article, shall formally declare 
such currency scarce and shall thenceforth apportion its 
existing and accruing supply of the scarce currency with due 
regard to the relative needs of members, the general 
international economic situation, and any other pertinent 
considerations. The Fund shall also issue a report concerning 
its action.
    (b) A formal declaration under (a) above shall operate as 
an authorization to any member, after consultation with the 
Fund, temporarily to impose limitations on the freedom of 
exchange operations in the scarce currency. Subject to the 
provisions of Article IV and Schedule C, the member shall have 
complete jurisdiction in determining the nature of such 
limitations, but they shall be no more restrictive than is 
necessary to limit the demand for the scarce currency to the 
supply held by, or accruing to, the member in question, and 
they shall be relaxed and removed as rapidly as conditions 
permit.
    (c) The authorization under (b) above shall expire whenever 
the Fund formally declares the currency in question to be no 
longer scarce.

               section 4. administration of restrictions

    Any member imposing restrictions in respect of the currency 
of any other member pursuant to the provisions of Section 3(b) 
of this Article shall give sympathetic consideration to any 
representations by the other member regarding the 
administration of such restrictions.

  section 5. effect of other international agreements on restrictions

    Members agree not to invoke the obligations of any 
engagements entered into with other members prior to this 
Agreement in such manner as will prevent the operation of the 
provisions of this Article.

              Article VIII--General Obligations of Members

                        section 1. introduction

    In addition to the obligations assumed under other articles 
of this Agreement, each member undertakes the obligations set 
out in this Article.

        section 2. avoidance of restrictions on current payments

    (a) Subject to the provisions of Article VII, Section 3(b) 
and Article XIV, Section 2, no member shall, without the 
approval of the Fund, impose restrictions on the making of 
payments and transfers for current international transactions.
    (b) Exchange contracts which involve the currency of any 
member and which are contrary to the exchange control 
regulations of that member maintained or imposed consistently 
with this Agreement shall be unenforceable in the territories 
of any member. In addition, members may, by mutual accord, 
cooperate in measures for the purpose of making the exchange 
control regulations of either member more effective, provided 
that such measures and regulations are consistent with this 
Agreement.

       section 3. avoidance of discriminatory currency practices

    No member shall engage in, or permit any of its fiscal 
agencies referred to in Article V, Section 1 to engage in, any 
discriminatory currency arrangements or multiple currency 
practices, whether within or outside margins under Article IV 
or prescribed by or under Schedule C, except as authorized 
under this Agreement or approved by the Fund. If such 
arrangements and practices are engaged in at the date when this 
Agreement enters into force, the member concerned shall consult 
with the Fund as to their progressive removal unless they are 
maintained or imposed under Article XIV, Section 2, in which 
case the provisions of Section 3 of that Article shall apply.

           section 4. convertibility of foreign-held balances

    (a) Each member shall buy balances of its currency held by 
another member if the latter, in requesting the purchase, 
represents:
          (i) that the balances to be bought have been recently 
        acquired as a result of current transactions; or
          (ii) that their conversion is needed for making 
        payments for current transactions.
    The buying member shall have the option to pay either in 
special drawing rights, subject to Article XIX, Section 4, or 
in the currency of the member making the request.
    (b) The obligation in (a) above shall not apply when:
          (i) the convertibility of the balances has been 
        restricted consistently with Section 2 of this Article 
        or Article VI, Section 3;
          (ii) the balances have accumulated as a result of 
        transactions effected before the removal by a member of 
        restrictions maintained or imposed under Article XIV, 
        Section 2;
          (iii) the balances have been acquired contrary to the 
        exchange regulations of the member which is asked to 
        buy them;
          (iv) the currency of the member requesting the 
        purchase has been declared scarce under Article VII, 
        Section 3(a); or
          (v) the member requested to make the purchase is for 
        any reason not entitled to buy currencies of other 
        members from the Fund for its own currency.

                  section 5. furnishing of information

    (a) The Fund may require members to furnish it with such 
information as it deems necessary for its activities, 
including, as the minimum necessary for the effective discharge 
of the Fund's duties, national data on the following matters:
          (i) official holdings at home and abroad of (1) gold, 
        (2) foreign exchange;
          (ii) holdings at home and abroad by banking and 
        financial agencies, other than official agencies, of 
        (1) gold, (2) foreign exchange;
          (iii) production of gold;
          (iv) gold exports and imports according to countries 
        of destination and origin;
          (v) total exports and imports of merchandise, in 
        terms of local currency values, according to countries 
        of destination and origin;
          (vi) international balance of payments, including (1) 
        trade in goods and services, (2) gold transactions, (3) 
        known capital transactions, and (4) other items;
          (vii) international investment position, i.e., 
        investments within the territories of the member owned 
        abroad and investments abroad owned by persons in its 
        territories so far as it is possible to furnish this 
        information;
          (viii) national income;
          (ix) price indices, i.e., indices of commodity prices 
        in wholesale and retail markets and of export and 
        import prices;
          (x) buying and selling rates for foreign currencies;
          (xi) exchange controls, i.e., a comprehensive 
        statement of exchange controls in effect at the time of 
        assuming membership in the Fund and details of 
        subsequent changes as they occur; and
          (xii) where official clearing arrangements exist, 
        details of amounts awaiting clearance in respect of 
        commercial and financial transactions, and of the 
        length of time during which such arrears have been 
        outstanding.
    (b) In requesting information the Fund shall take into 
consideration the varying ability of members to furnish the 
data requested. Members shall be under no obligation to furnish 
information in such detail that the affairs of individuals or 
corporations are disclosed. Members undertake, however, to 
furnish the desired information in as detailed and accurate a 
manner as is practicable and, so far as possible, to avoid mere 
estimates.
    (c) The Fund may arrange to obtain further information by 
agreement with members. It shall act as a centre for the 
collection and exchange of information on monetary and 
financial problems, thus facilitating the preparation of 
studies designed to assist members in developing policies which 
further the purposes of the Fund.

      section 6. consultation between members regarding existing 
                        international agreements

    Where under this Agreement a member is authorized in the 
special or temporary circumstances specified in the Agreement 
to maintain or establish restrictions on exchange transactions, 
and there are other engagements between members entered into 
prior to this Agreement which conflict with the application of 
such restrictions, the parties to such engagements shall 
consult with one another with a view to making such mutually 
acceptable adjustments as may be necessary. The provisions of 
this Article shall be without prejudice to the operation of 
Article VII, Section 5.

  section 7. obligation to collaborate regarding policies on reserve 
                                 assets

    Each member undertakes to collaborate with the Fund and 
with other members in order to ensure that the policies of the 
member with respect to reserve assets shall be consistent with 
the objectives of promoting better international surveillance 
of international liquidity and making the special drawing right 
the principal reserve asset in the international monetary 
system.

             Article IX--Status, Immunities and Privileges

                     section 1. purposes of article

    To enable the Fund to fulfill the functions with which it 
is entrusted, the status, immunities, and privileges set forth 
in this Article shall be accorded to the Fund in the 
territories of each member.

                     section 2. status of the fund

    The Fund shall possess full juridical personality, and in 
particular, the capacity:
          (i) to contract;
          (ii) to acquire and dispose of immovable and movable 
        property; and
          (iii) to institute legal proceedings.

               section 3. immunity from judicial process

    The Fund, its property and its assets, wherever located and 
by whomsoever held, shall enjoy immunity from every form of 
judicial process except to the extent that it expressly waives 
its immunity for the purpose of any proceedings or by the terms 
of any contract.

                 section 4. immunity from other action

    Property and assets of the Fund, wherever located and by 
whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation, or any other form of seizure by 
executive or legislative action.

                    section 5. immunity of archives

    The archives of the Fund shall be inviolable.

             section 6. freedom of assets from restrictions

    To the extent necessary to carry out the activities 
provided for in this Agreement, all property and assets of the 
Fund shall be free from restrictions, regulations, controls, 
and moratoria of any nature.

                section 7. privilege for communications

    The official communications of the Fund shall be accorded 
by members the same treatment as the official communications of 
other members.

     section 8. immunities and privileges of officers and employees

    All Governors, Executive Directors, Alternates, members of 
committees, representatives appointed under Article XII, 
Section 3(j), advisors of any of the foregoing persons, 
officers, and employees of the Fund:
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity 
        except when the Fund waives this immunity;
          (ii) not being local nationals, shall be granted the 
        same immunities from immigration restrictions, alien 
        registration requirements, and national service 
        obligations and the same facilities as regards exchange 
        restrictions as are accorded by members to the 
        representatives, officials, and employees of comparable 
        rank of other members; and
          (iii) shall be granted the same treatment in respect 
        of traveling facilities as is accorded by members to 
        representatives, officials, and employees of comparable 
        rank of other members.

                  section 9. immunities from taxation

    (a) The Fund, its assets, property, income, and its 
operations and transactions authorized by this Agreement shall 
be immune from all taxation and from all customs duties. The 
Fund shall also be immune from liability for the collection or 
payment of any tax or duty.
    (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Fund to Executive Directors, Alternates, 
officers, or employees of the Fund who are not local citizens, 
local subjects, or other local nationals.
    (c) No taxation of any kind shall be levied on any 
obligation or security issued by the Fund, including any 
dividend or interest thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because of its origin; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Fund.

                   section 10. application of article

    Each member shall take such action as is necessary in its 
own territories for the purpose of making effective in terms of 
its own law the principles set forth in this Article and shall 
inform the Fund of the detailed action which it has taken.

      Article X--Relations With Other International Organizations

    The Fund shall cooperate within the terms of this Agreement 
with any general international organization and with public 
international organizations having specialized responsibilities 
in related fields. Any arrangements for such cooperation which 
would involve a modification of any provision of this Agreement 
may be effected only after amendment to this Agreement under 
Article XXVIII.

            Article XI--Relations With Non-Member Countries

 section 1. undertakings regarding relations with non-member countries

    Each member undertakes:
          (i) not to engage in, nor to permit any of its fiscal 
        agencies referred to in Article V, Section 1 to engage 
        in, any transactions with a non-member or with persons 
        in a non-member's territories which would be contrary 
        to the provisions of this Agreement or the purposes of 
        the Fund;
          (ii) not to cooperate with a non-member or with 
        persons in a non-member's territories in practices 
        which would be contrary to the provisions of this 
        Agreement or the purposes of the Fund; and
          (iii) to cooperate with the Fund with a view to the 
        application in its territories of appropriate measures 
        to prevent transactions with non-members or with 
        persons in their territories which would be contrary to 
        the provisions of this Agreement or the purposes of the 
        Fund.

   section 2. restrictions on transactions with non-member countries

    Nothing in this Agreement shall affect the right of any 
member to impose restrictions on exchange transactions with 
non-members or with persons in their territories unless the 
Fund finds that such restrictions prejudice the interests of 
members and are contrary to the purposes of the Fund.

                Article XII--Organization and Management

                    section 1. structure of the fund

    The Fund shall have a Board of Governors, an Executive 
Board, a Managing Director, and a staff, and a Council if the 
Board of Governors decides, by an eighty-five percent majority 
of the total voting power, that the provisions of Schedule D 
shall be applied.

                     section 2. board of governors

    (a) All powers under this Agreement not conferred directly 
on the Board of Governors, the Executive Board, or the Managing 
Director shall be vested in the Board of Governors. The Board 
of Governors shall consist of one Governor and one Alternate 
appointed by each member in such manner as it may determine. 
Each Governor and each Alternate shall serve until a new 
appointment is made. No Alternate may vote except in the 
absence of his principal. The Board of Governors shall select 
one of the Governors as Chairman.
    (b) The Board of Governors may delegate to the Executive 
Board authority to exercise any powers of the Board of 
Governors, except the powers conferred directly by this 
Agreement on the Board of Governors.
    (c) The Board of Governors shall hold such meetings as may 
be provided for by the Board of Governors or called by the 
Executive Board. Meetings of the Board of Governors shall be 
called whenever requested by fifteen members or by members 
having one-quarter of the total voting power.
    (d) A quorum for any meeting of the Board of Governors 
shall be a majority of the Governors having not less than two-
thirds of the total voting power.
    (e) Each Governor shall be entitled to cast the number of 
votes allotted under Section 5 of this Article to the member 
appointing him.
    (f) The Board of Governors may by regulation establish a 
procedure whereby the Executive Board, when it deems such 
action to be in the best interests of the Fund, may obtain a 
vote of the Governors on a specific question without calling a 
meeting of the Board of Governors.
    (g) The Board of Governors, and the Executive Board to the 
extent authorized, may adopt such rules and regulations as may 
be necessary or appropriate to conduct the business of the 
Fund.
    (h) Governors and Alternates shall serve as such without 
compensation from the Fund, but the Fund may pay them 
reasonable expenses incurred in attending meetings.
    (i) The Board of Governors shall determine the remuneration 
to be paid to the Executive Directors and their Alternates and 
the salary and terms of the contract of service of the Managing 
Director.
    (j) The Board of Governors and the Executive Board may 
appoint such committees as they deem advisable. Membership of 
committees need not be limited to Governors or Executive 
Directors or their Alternates.

                       section 3. executive board

    (a) The Executive Board shall be responsible for conducting 
the business of the Fund, and for this purpose shall exercise 
all the powers delegated to it by the Board of Governors.
    (b) The Executive Board shall consist of Executive 
Directors with the Managing Director as chairman. Of the 
Executive Directors:
          (i) five shall be appointed by the five members 
        having the largest quotas; and
          (ii) fifteen shall be elected by the other members.
For the purpose of each regular election of Executive 
Directors, the Board of Governors, by an eighty-five percent 
majority of the total voting power, may increase or decrease 
the number of Executive Directors in (ii) above. The number of 
Executive Directors in (ii) above shall be reduced by one or 
two, as the case may be, if Executive Directors are appointed 
under (c) below, unless the Board of Governors decides, by an 
eighty-five percent majority of the total voting power, that 
this reduction would hinder the effective discharge of the 
functions of the Executive Board or of Executive Directors or 
would threaten to upset a desirable balance in the Executive 
Board.
    (c) If, at the second regular election of Executive 
Directors and thereafter, the members entitled to appoint 
Executive Directors under (b)(i) above do not include the two 
members, the holdings of whose currencies by the Fund in the 
General Resources Account have been, on the average over the 
preceding two years, reduced below their quotas by the largest 
absolute amounts in terms of the special drawing right, either 
one or both of such members, as the case may be, may appoint an 
Executive Director.
    (d) Elections of elective Executive Directors shall be 
conducted at intervals of two years in accordance with the 
provisions of Schedule E, supplemented by such regulations as 
the Fund deems appropriate. For each regular election of 
Executive Directors, the Board of Governors may issue 
regulations making changes in the proportion of votes required 
to elect Executive Directors under the provisions of Schedule 
E.
    (e) Each Executive Director shall appoint an Alternate with 
full power to act for him when he is not present. When the 
Executive Directors appointing them are present, Alternates may 
participate in meetings but may not vote.
    (f) Executive Directors shall continue in office until 
their successors are appointed or elected. If the office of an 
elected Executive Director becomes vacant more than ninety days 
before the end of his term, another Executive Director shall be 
elected for the remainder of the term by the members that 
elected the former Executive Director. A majority of the votes 
cast shall be required for election. While the office remains 
vacant, the Alternate of the former Executive Director shall 
exercise his powers, except that of appointing an Alternate.
    (g) The Executive Board shall function in continuous 
session at the principal office of the Fund and shall meet as 
often as the business of the Fund may require.
    (h) A quorum for any meeting of the Executive Board shall 
be a majority of the Executive Directors having not less than 
one-half of the total voting power.
    (i)(i) Each appointed Executive Director shall be entitled 
to cast the number of votes allotted under Section 5 of this 
Article to the member appointing him.
    (ii) If the votes allotted to a member that appoints an 
Executive Director under (c) above were cast by an Executive 
Director together with the votes allotted to other members as a 
result of the last regular election of Executive Directors, the 
member may agree with each of the other members that the number 
of votes allotted to it shall be cast by the appointed 
Executive Director. A member making such an agreement shall not 
participate in the election of Executive Directors.
    (iii) Each elected Executive Director shall be entitled to 
cast the number of votes which counted towards his election.
    (iv) When the provisions of Section 5(b) of this Article 
are applicable, the votes which an Executive Director would 
otherwise be entitled to cast shall be increased or decreased 
correspondingly. All the votes which an Executive Director is 
entitled to cast shall be cast as a unit.
    (v) When the suspension of the voting rights of a member is 
terminated under Article XXVI, Section 2(b), and the member is 
not entitled to appoint an Executive Director, the member may 
agree with all the members that have elected an Executive 
Director that the number of votes allotted to that member shall 
be cast by such Executive Director, provided that, if no 
regular election of Executive Directors has been conducted 
during the period of the suspension, the Executive Director in 
whose election the member had participated prior to the 
suspension, or his successor elected in accordance with 
paragraph 3(c) (i) of Schedule L or with (f) above, shall be 
entitled to cast the number of votes allotted to the member. 
The member shall be deemed to have participated in the election 
of the Executive Director entitled to cast the number of votes 
allotted to the member.
    (j) The Board of Governors shall adopt regulations under 
which a member not entitled to appoint an Executive Director 
under (b) above may send a representative to attend any meeting 
of the Executive Board when a request made by, or a matter 
particularly affecting, that member is under consideration.

                 section 4. managing director and staff

    (a) The Executive Board shall select a Managing Director 
who shall not be a Governor or an Executive Director. The 
Managing Director shall be chairman of the Executive Board, but 
shall have no vote except a deciding vote in case of an equal 
division. He may participate in meetings of the Board of 
Governors, but shall not vote at such meetings. The Managing 
Director shall cease to hold office when the Executive Board so 
decides.
    (b) The Managing Director shall be chief of the operating 
staff of the Fund and shall conduct, under the direction of the 
Executive Board, the ordinary business of the Fund. Subject to 
the general control of the Executive Board, he shall be 
responsible for the organization, appointment, and dismissal of 
the staff of the Fund.
    (c) The Managing Director and the staff of the Fund, in the 
discharge of their functions, shall owe their duty entirely to 
the Fund and to no other authority. Each member of the Fund 
shall respect the international character of this duty and 
shall refrain from all attempts to influence any of the staff 
in the discharge of these functions.
    (d) In appointing the staff the Managing Director shall, 
subject to the paramount importance of securing the highest 
standards of efficiency and of technical competence, pay due 
regard to the importance of recruiting personnel on as wide a 
geographical basis as possible.

                           section 5. voting

    (a) Each member shall have two hundred fifty votes plus one 
additional vote for each part of its quota equivalent to one 
hundred thousand special drawing rights.
    (b) Whenever voting is required under Article V, Section 4 
or 5, each member shall have the number of votes to which it is 
entitled under (a) above adjusted
          (i) by the addition of one vote for the equivalent of 
        each four hundred thousand special drawing rights of 
        net sales of its currency from the general resources of 
        the Fund up to the date when the vote is taken, or
          (ii) by the subtraction of one vote for the 
        equivalent of each four hundred thousand special 
        drawing rights of its net purchases under Article V, 
        Section 3(b) and (f) up to the date when the vote is 
        taken,
provided that neither net purchases nor net sales shall be 
deemed at any time to exceed an amount equal to the quota of 
the member involved.
    (c) Except as otherwise specifically provided, all 
decisions of the Fund shall be made by a majority of the votes 
cast.

    section 6. reserves, distribution of net income, and investment

    (a) The Fund shall determine annually what part of its net 
income shall be placed to general reserve or special reserve, 
and what part, if any, shall be distributed.
    (b) The Fund may use the special reserve for any purpose 
for which it may use the general reserve, except distribution.
    (c) If any distribution is made of the net income of any 
year, it shall be made to all members in proportion to their 
quotas.
    (d) The Fund, by a seventy percent majority of the total 
voting power, may decide at any time to distribute any part of 
the general reserve. Any such distribution shall be made to all 
members in proportion to their quotas.
    (e) Payments under (c) and (d) above shall be made in 
special drawing rights, provided that either the Fund or the 
member may decide that the payment to the member shall be made 
in its own currency.
    (f)(i) The Fund may establish an Investment Account for the 
purposes of this subsection (f). The assets of the Investment 
Account shall be held separately from the other accounts of the 
General Department.
    (ii) The Fund may decide to transfer to the Investment 
Account a part of the proceeds of the sale of gold in 
accordance with Article V, Section 12(g) and, by a seventy 
percent majority of the total voting power, may decide to 
transfer to the Investment Account, for immediate investment, 
currencies held in the General Resources Account. The amount of 
these transfers shall not exceed the total amount of the 
general reserve and the special reserve at the time of the 
decision.
    (iii) The Fund may invest a member's currency held in the 
Investment Account in marketable obligations of that member or 
in marketable obligations of international financial 
organizations. No investment shall be made without the 
concurrence of the member whose currency is used to make the 
investment. The Fund shall invest only in obligations 
denominated in special drawing rights or in the currency used 
for investment.
    (iv) The income of investment may be invested in accordance 
with the provisions of this subsection (f). Income not invested 
shall be held in the Investment Account or may be used for 
meeting the expenses of conducting the business of the Fund.
    (v) The Fund may use a member's currency held in the 
Investment Account to obtain the currencies needed to meet the 
expenses of conducting the business of the Fund.
    (vi) The Investment Account shall be terminated in the 
event of liquidation of the Fund and may be terminated, or the 
amount of the investment may be reduced, prior to liquidation 
of the Fund by a seventy percent majority of the total voting 
power. The Fund, by a seventy percent majority of the total 
voting power, shall adopt rules and regulations regarding 
administration of the Investment Account, which shall be 
consistent with (vii), (viii), and (ix) below.
    (vii) Upon termination of the Investment Account because of 
liquidation of the Fund, any assets in this account shall be 
distributed in accordance with the provisions of Schedule K, 
provided that a portion of these assets corresponding to the 
proportion of the assets transferred to this account under 
Article V, Section 12(g) to the total of the assets transferred 
to this account shall be deemed to be assets held in the 
Special Disbursement Account and shall be distributed in 
accordance with Schedule K, paragraph 2(a)(ii).
    (viii) Upon termination of the Investment Account prior to 
liquidation of the Fund, a portion of the assets held in this 
account corresponding to the proportion of the assets 
transferred to this account under Article V, Section 12(g) to 
the total of the assets transferred to the account shall be 
transferred to the Special Disbursement Account if it has not 
been terminated, and the balance of the assets held in the 
Investment Account shall be transferred to the General 
Resources Account for immediate use in operations and 
transactions.
    (ix) On a reduction of the amount of the investment by the 
Fund, a portion of the reduction corresponding to the 
proportion of the assets transferred to the Investment Account 
under Article V, Section 12(g) to the total of the assets 
transferred to this account shall be transferred to the Special 
Disbursement Account if it has not been terminated, and the 
balance of the reduction shall be transferred to the General 
Resources Account for immediate use in operations and 
transactions.

                   section 7. publication of reports

    (a) The Fund shall publish an annual report containing an 
audited statement of its accounts, and shall issue, at 
intervals of three months or less, a summary statement of its 
operations and transactions and its holdings of special drawing 
rights, gold, and currencies of members.
    (b) The Fund may publish such other reports as it deems 
desirable for carrying out its purposes.

              section 8. communication of views to members

    The Fund shall at all times have the right to communicate 
its views informally to any member on any matter arising under 
this Agreement. The Fund may, by a seventy percent majority of 
the total voting power, decide to publish a report made to a 
member regarding its monetary or economic conditions and 
developments which directly tend to produce a serious 
disequilibrium in the international balance of payments of 
members. If the member is not entitled to appoint an Executive 
Director, it shall be entitled to representation in accordance 
with Section 3(j) of this Article. The Fund shall not publish a 
report involving changes in the fundamental structure of the 
economic organization of members.

                 Article XIII--Offices and Depositories

                     section 1. location of offices

    The principal office of the Fund shall be located in the 
territory of the member having the largest quota, and agencies 
or branch offices may be established in the territories of 
other members.

                        section 2. depositories

    (a) Each member shall designate its central bank as a 
depository for all the Fund's holdings of its currency, or if 
it has no central bank it shall designate such other 
institution as may be acceptable to the Fund.
    (b) The Fund may hold other assets, including gold, in the 
depositories designated by the five members having the largest 
quotas and in such other designated depositories as the Fund 
may select. Initially, at least one-half of the holdings of the 
Fund shall be held in the depository designated by the member 
in whose territories the Fund has its principal office and at 
least forty percent shall be held in the depositories 
designated by the remaining four members referred to above. 
However, all transfers of gold by the Fund shall be made with 
due regard to the costs of transport and anticipated 
requirements of the Fund. In an emergency the Executive Board 
may transfer all or any part of the Fund's gold holdings to any 
place where they can be adequately protected.

               section 3. guarantee of the fund's assets

    Each member guarantees all assets of the Fund against loss 
resulting from failure or default on the part of the depository 
designated by it.

                 Article XIV--Transitional Arrangements

                  section 1. notification to the fund

    Each member shall notify the Fund whether it intends to 
avail itself of the transitional arrangements in Section 2 of 
this Article, or whether it is prepared to accept the 
obligations of Article VIII, Sections 2, 3, and 4. A member 
availing itself of the transitional arrangements shall notify 
the Fund as soon thereafter as it is prepared to accept these 
obligations.

                    section 2. exchange restrictions

    A member that has notified the Fund that it intends to 
avail itself of transitional arrangements under this provision 
may, notwithstanding the provisions of any other articles of 
this Agreement, maintain and adapt to changing circumstances 
the restrictions on payments and transfers for current 
international transactions that were in effect on the date on 
which it became a member. Members shall, however, have 
continuous regard in their foreign exchange policies to the 
purposes of the Fund, and, as soon as conditions permit, they 
shall take all possible measures to develop such commercial and 
financial arrangements with other members as will facilitate 
international payments and the promotion of a stable system of 
exchange rates. In particular, members shall withdraw 
restrictions maintained under this Section as soon as they are 
satisfied that they will be able, in the absence of such 
restrictions, to settle their balance of payments in a manner 
which will not unduly encumber their access to the general 
resources of the Fund.

         section 3. action of the fund relating to restrictions

    The Fund shall make annual reports on the restrictions in 
force under Section 2 of this Article. Any member retaining any 
restrictions inconsistent with Article VIII, Sections 2, 3, or 
4 shall consult the Fund annually as to their further 
retention. The Fund may, if it deems such action necessary in 
exceptional circumstances, make representations to any member 
that conditions are favorable for the withdrawal of any 
particular restriction, or for the general abandonment of 
restrictions, inconsistent with the provisions of any other 
articles of this Agreement. The member shall be given a 
suitable time to reply to such representations. If the Fund 
finds that the member persists in maintaining restrictions 
which are inconsistent with the purposes of the Fund, the 
member shall be subject to Article XXVI, Section 2(a).

                   Article XV--Special Drawing Rights

        section 1. authority to allocate special drawing rights

    To meet the need, as and when it arises, for a supplement 
to existing reserve assets, the Fund is authorized to allocate 
special drawing rights to members that are participants in the 
Special Drawing Rights Department.

           section 2. valuation of the special drawing right

    The method of valuation of the special drawing right shall 
be determined by the Fund by a seventy percent majority of the 
total voting power, provided, however, that an eighty-five 
percent majority of the total voting power shall be required 
for a change in the principle of valuation or a fundamental 
change in the application of the principle in effect.

 Article XVI--General Department and Special Drawing Rights Department

          section 1. separation of operations and transactions

    All operations and transactions involving special drawing 
rights shall be conducted through the Special Drawing Rights 
Department. All other operations and transactions on the 
account of the Fund authorized by or under this Agreement shall 
be conducted through the General Department. Operations and 
transactions pursuant to Article XVII, Section 2 shall be 
conducted through the General Department as well as the Special 
Drawing Rights Department.

              section 2. separation of assets and property

    All assets and property of the Fund, except resources 
administered under Article V, Section 2(b), shall be held in 
the General Department, provided that assets and property 
acquired under Article XX, Section 2 and Articles XXIV and XXV 
and Schedules H and I shall be held in the Special Drawing 
Rights Department. Any assets or property held in one 
Department shall not be available to discharge or meet the 
liabilities, obligations, or losses of the Fund incurred in the 
conduct of the operations and transactions of the other 
Department, except that the expenses of conducting the business 
of the Special Drawing Rights Department shall be paid by the 
Fund from the General Department which shall be reimbursed in 
special drawing rights from time to time by assessments under 
Article XX, Section 4 made on the basis of a reasonable 
estimate of such expenses.

                  section 3. recording and information

    All changes in holdings of special drawing rights shall 
take effect only when recorded by the Fund in the Special 
Drawing Rights Department. Participants shall notify the Fund 
of the provisions of this Agreement under which special drawing 
rights are used. The Fund may require participants to furnish 
it with such other information as it deems necessary for its 
functions.

 Article XVII--Participants and Other Holders of Special Drawing Rights

                        section 1. participants

    Each member of the Fund that deposits with the Fund an 
instrument setting forth that it undertakes all the obligations 
of a participant in the Special Drawing Rights Department in 
accordance with its law and that it has taken all steps 
necessary to enable it to carry out all of these obligations 
shall become a participant in the Special Drawing Rights 
Department as of the date the instrument is deposited, except 
that no member shall become a participant before the provisions 
of this Agreement pertaining exclusively to the Special Drawing 
Rights Department have entered into force and instruments have 
been deposited under this Section by members that have at least 
seventy-five percent of the total of quotas.

                      section 2. fund as a holder

    The Fund may hold special drawing rights in the General 
Resources Account and may accept and use them in operations and 
transactions conducted through the General Resources Account 
with participants in accordance with the provisions of this 
Agreement or with prescribed holders in accordance with the 
terms and conditions prescribed under Section 3 of this 
Article.

                        section 3. other holders

    The Fund may prescribe:
          (i) as holders, non-members, members that are non-
        participants, institutions that perform functions of a 
        central bank for more than one member, and other 
        official entities;
          (ii) the terms and conditions on which prescribed 
        holders may be permitted to hold special drawing rights 
        and may accept and use them in operations and 
        transactions with participants and other prescribed 
        holders; and
          (iii) the terms and conditions on which participants 
        and the Fund through the General Resources Account may 
        enter into operations and transactions in special 
        drawing rights with prescribed holders.
An eighty-five percent majority of the total voting power shall 
be required for prescriptions under (i) above. The terms and 
conditions prescribed by the Fund shall be consistent with the 
provisions of this Agreement and the effective functioning of 
the Special Drawing Rights Department.

  Article XVIII--Allocation and Cancellation of Special Drawing Rights

   section 1. principles and considerations governing allocation and 
                              cancellation

    (a) In all its decisions with respect to the allocation and 
cancellation of special drawing rights the Fund shall seek to 
meet the long-term global need, as and when it arises, to 
supplement existing reserve assets in such manner as will 
promote the attainment of its purposes and will avoid economic 
stagnation and deflation as well as excess demand and inflation 
in the world.
    (b) The first decision to allocate special drawing rights 
shall take into account, as special considerations, a 
collective judgment that there is a global need to supplement 
reserves, and the attainment of a better balance of payments 
equilibrium, as well as the likelihood of a better working of 
the adjustment process in the future.

                 section 2. allocation and cancellation

    (a) Decisions of the Fund to allocate or cancel special 
drawing rights shall be made for basic periods which shall run 
consecutively and shall be five years in duration. The first 
basic period shall begin on the date of the first decision to 
allocate special drawing rights or such later date as may be 
specified in that decision. Any allocations or cancellations 
shall take place at yearly intervals.
    (b) The rates at which allocations are to be made shall be 
expressed as percentages of quotas on the date of each decision 
to allocate. The rates at which special drawing rights are to 
be cancelled shall be expressed as percentages of net 
cumulative allocations of special drawing rights on the date of 
each decision to cancel. The percentages shall be the same for 
all participants.
    (c) In its decision for any basic period the Fund may 
provide, notwithstanding (a) and (b) above, that:
          (i) the duration of the basic period shall be other 
        than five years; or
          (ii) the allocations or cancellations shall take 
        place at other than yearly intervals; or
          (iii) the basis for allocations or cancellations 
        shall be the quotas or net cumulative allocations on 
        dates other than the dates of decisions to allocate or 
        cancel.
    (d) A member that becomes a participant after a basic 
period starts shall receive allocations beginning with the next 
basic period in which allocations are made after it becomes a 
participant unless the Fund decides that the new participant 
shall start to receive allocations beginning with the next 
allocation after it becomes a participant. If the Fund decides 
that a member that becomes a participant during a basic period 
shall receive allocations during the remainder of that basic 
period and the participant was not a member on the dates 
established under (b) or (c) above, the Fund shall determine 
the basis on which these allocations to the participant shall 
be made.
    (e) A participant shall receive allocations of special 
drawing rights made pursuant to any decision to allocate 
unless:
          (i) the Governor for the participant did not vote in 
        favor of the decision; and
          (ii) the participant has notified the Fund in writing 
        prior to the first allocation of special drawing rights 
        under that decision that it does not wish special 
        drawing rights to be allocated to it under the 
        decision. On the request of a participant, the Fund may 
        decide to terminate the effect of the notice with 
        respect to allocations of special drawing rights 
        subsequent to the termination.
    (f) If on the effective date of any cancellation the amount 
of special drawing rights held by a participant is less than 
its share of the special drawing rights that are to be 
cancelled, the participant shall eliminate its negative balance 
as promptly as its gross reserve position permits and shall 
remain in consultation with the Fund for this purpose. Special 
drawing rights acquired by the participant after the effective 
date of the cancellation shall be applied against its negative 
balance and cancelled.

                section 3. unexpected major developments

    The Fund may change the rates or intervals of allocation or 
cancellation during the rest of a basic period or change the 
length of a basic period or start a new basic period, if at any 
time the Fund finds it desirable to do so because of unexpected 
major developments.

         section 4. decisions on allocations and cancellations

    (a) Decisions under Section 2(a), (b), and (c) or Section 3 
of this Article shall be made by the Board of Governors on the 
basis of proposals of the Managing Director concurred in by the 
Executive Board.
    (b) Before making any proposal, the Managing Director, 
after having satisfied himself that it will be consistent with 
the provisions of Section 1(a) of this Article, shall conduct 
such consultations as will enable him to ascertain that there 
is broad support among participants for the proposal. In 
addition, before making a proposal for the first allocation, 
the Managing Director shall satisfy himself that the provisions 
of Section 1(b) of this Article have been met and that there is 
broad support among participants to begin allocations; he shall 
make a proposal for the first allocation as soon after the 
establishment of the Special Drawing Rights Department as he is 
so satisfied.
    (c) The Managing Director shall make proposals:
          (i) not later than six months before the end of each 
        basic period;
          (ii) if no decision has been taken with respect to 
        allocation or cancellation for a basic period, whenever 
        he is satisfied that the provisions of (b) above have 
        been met;
          (iii) when, in accordance with Section 3 of this 
        Article, he considers that it would be desirable to 
        change the rate or intervals of allocation or 
        cancellation or change the length of a basic period or 
        start a new basic period; or
          (iv) within six months of a request by the Board of 
        Governors or the Executive Board;
provided that, if under (i), (iii), or (iv) above the Managing 
Director ascertains that there is no proposal which he 
considers to be consistent with the provisions of Section 1 of 
this Article that has broad support among participants in 
accordance with (b) above, he shall report to the Board of 
Governors and to the Executive Board.
    (d) An eighty-five percent majority of the total voting 
power shall be required for decisions under Section 2(a), (b), 
and (c) or Section 3 of this Article except for decisions under 
Section 3 with respect to a decrease in the rates of 
allocation.

    Article XIX--Operations and Transactions in Special Drawing Rights

                section 1. use of special drawing rights

    Special drawing rights may be used in the operations and 
transactions authorized by or under this Agreement.

      section 2. operations and transactions between participants

    (a) A participant shall be entitled to use its special 
drawing rights to obtain an equivalent amount of currency from 
a participant designated under Section 5 of this Article.
    (b) A participant, in agreement with another participant, 
may use its special drawing rights to obtain an equivalent 
amount of currency from the other participant.
    (c) The Fund, by a seventy percent majority of the total 
voting power, may prescribe operations in which a participant 
is authorized to engage in agreement with another participant 
on such terms and conditions as the Fund deems appropriate. The 
terms and conditions shall be consistent with the effective 
functioning of the Special Drawing Rights Department and the 
proper use of special drawing rights in accordance with this 
Agreement.
    (d) The Fund may make representations to a participant that 
enters into any operation or transaction under (b) or (c) above 
that in the judgment of the Fund may be prejudicial to the 
process of designation according to the principles of Section 5 
of this Article or is otherwise inconsistent with Article XXII. 
A participant that persists in entering into such operations or 
transactions shall be subject to Article XXIII, Section 2(b).

                     section 3. requirement of need

    (a) In transactions under Section 2(a) of this Article, 
except as otherwise provided in (c) below, a participant will 
be expected to use its special drawing rights only if it has a 
need because of its balance of payments or its reserve position 
or developments in its reserves, and not for the sole purpose 
of changing the composition of its reserves.
    (b) The use of special drawing rights shall not be subject 
to challenge on the basis of the expectation in (a) above, but 
the Fund may make representations to a participant that fails 
to fulfill this expectation. A participant that persists in 
failing to fulfill this expectation shall be subject to Article 
XXIII, Section 2(b).
    (c) The Fund may waive the expectation in (a) above in any 
transactions in which a participant uses special drawing rights 
to obtain an equivalent amount of currency from a participant 
designated under Section 5 of this Article that would promote 
reconstitution by the other participant under Section 6(a) of 
this Article; prevent or reduce a negative balance of the other 
participant; or offset the effect of a failure by the other 
participant to fulfill the expectation in (a) above.

               section 4. obligation to provide currency

    (a) A participant designated by the Fund under Section 5 of 
this Article shall provide on demand a freely usable currency 
to a participant using special drawing rights under Section 
2(a) of this Article. A participant's obligation to provide 
currency shall not extend beyond the point at which its 
holdings of special drawing rights in excess of its net 
cumulative allocation are equal to twice its net cumulative 
allocation or such higher limit as may be agreed between a 
participant and the Fund.
    (b) A participant may provide currency in excess of the 
obligatory limit or any agreed higher limit.

       section 5. designation of participants to provide currency

    (a) The Fund shall ensure that a participant will be able 
to use its special drawing rights by designating participants 
to provide currency for specified amounts of special drawing 
rights for the purposes of Sections 2(a) and 4 of this Article. 
Designations shall be made in accordance with the following 
general principles supplemented by such other principles as the 
Fund may adopt from time to time:
          (i) A participant shall be subject to designation if 
        its balance of payments and gross reserve position is 
        sufficiently strong, but this will not preclude the 
        possibility that a participant with a strong reserve 
        position will be designated even though it has a 
        moderate balance of payments deficit. Participants 
        shall be designated in such manner as will promote over 
        time a balanced distribution of holdings of special 
        drawing rights among them.
          (ii) Participants shall be subject to designation in 
        order to promote reconstitution under Section 6(a) of 
        this Article, to reduce negative balances in holdings 
        of special drawing rights, or to offset the effect of 
        failures to fulfill the expectation in Section 3(a) of 
        this Article.
          (iii) In designating participants, the Fund normally 
        shall give priority to those that need to acquire 
        special drawing rights to meet the objectives of 
        designation under (ii) above.
    (b) In order to promote over time a balanced distribution 
of holdings of special drawing rights under (a)(i) above, the 
Fund shall apply the rules for designation in Schedule F or 
such rules as may be adopted under (c) below.
    (c) The rules for designation may be reviewed at any time 
and new rules shall be adopted if necessary. Unless new rules 
are adopted, the rules in force at the time of the review shall 
continue to apply.

                       section 6. reconstitution

    (a) Participants that use their special drawing rights 
shall reconstitute their holdings of them in accordance with 
the rules for reconstitution in Schedule G or such rules as may 
be adopted under (b) below.
    (b) The rules for reconstitution may be reviewed at any 
time and new rules shall be adopted if necessary. Unless new 
rules are adopted or a decision is made to abrogate rules for 
reconstitution, the rules in force at the time of review shall 
continue to apply. A seventy percent majority of the total 
voting power shall be required for decisions to adopt, modify, 
or abrogate the rules for reconstitution.

                       section 7. exchange rates

    (a) Except as otherwise provided in (b) below, the exchange 
rates for transactions between participants under Section 2(a) 
and (b) of this Article shall be such that participants using 
special drawing rights shall receive the same value whatever 
currencies might be provided and whichever participants provide 
those currencies, and the Fund shall adopt regulations to give 
effect to this principle.
    (b) The Fund, by an eighty-five percent majority of the 
total voting power, may adopt policies under which in 
exceptional circumstances the Fund, by a seventy percent 
majority of the total voting power, may authorize participants 
entering into transactions under Section 2(b) of this Article 
to agree on exchange rates other than those applicable under 
(a) above.
    (c) The Fund shall consult a participant on the procedure 
for determining rates of exchange for its currency.
    (d) For the purpose of this provision the term participant 
includes a terminating participant.

   Article XX--Special Drawing Rights Department Interest and Charges

                          section 1. interest

    Interest at the same rate for all holders shall be paid by 
the Fund to each holder on the amount of its holdings of 
special drawing rights. The Fund shall pay the amount due to 
each holder whether or not sufficient charges are received to 
meet the payment of interest.

                           section 2. charges

    Charges at the same rate for all participants shall be paid 
to the Fund by each participant on the amount of its net 
cumulative allocation of special drawing rights plus any 
negative balance of the participant or unpaid charges.

                section 3. rate of interest and charges

    The Fund shall determine the rate of interest by a seventy 
percent majority of the total voting power. The rate of charges 
shall be equal to the rate of interest.

                         section 4. assessments

    When it is decided under Article XVI, Section 2 that 
reimbursement shall be made, the Fund shall levy assessments 
for this purpose at the same rate for all participants on their 
net cumulative allocations.

        section 5. payment of interest, charges, and assessments

    Interest, charges, and assessments shall be paid in special 
drawing rights. A participant that needs special drawing rights 
to pay any charge or assessment shall be obligated and entitled 
to obtain them, for currency acceptable to the Fund, in a 
transaction with the Fund conducted through the General 
Resources Account. If sufficient special drawing rights cannot 
be obtained in this way, the participant shall be obligated and 
entitled to obtain them with a freely usable currency from a 
participant which the Fund shall specify. Special drawing 
rights acquired by a participant after the date for payment 
shall be applied against its unpaid charges and cancelled.

 Article XXI--Administration of the General Department and the Special 
                       Drawing Rights Department

    (a) The General Department and the Special Drawing Rights 
Department shall be administered in accordance with the 
provisions of Article XII, subject to the following provisions:
          (i) For meetings of or decisions by the Board of 
        Governors on matters pertaining exclusively to the 
        Special Drawing Rights Department only requests by, or 
        the presence and the votes of, Governors appointed by 
        members that are participants shall be counted for the 
        purpose of calling meetings and determining whether a 
        quorum exists or whether a decision is made by the 
        required majority.
          (ii) For decisions by the Executive Board on matters 
        pertaining exclusively to the Special Drawing Rights 
        Department only Executive Directors appointed or 
        elected by at least one member that is a participant 
        shall be entitled to vote. Each of these Executive 
        Directors shall be entitled to cast the number of votes 
        allotted to the member which is a participant that 
        appointed him or to the members that are participants 
        whose votes counted towards his election. Only the 
        presence of Executive Directors appointed or elected by 
        members that are participants and the votes allotted to 
        members that are participants shall be counted for the 
        purpose of determining whether a quorum exists or 
        whether a decision is made by the required majority. 
        For the purposes of this provision, an agreement under 
        Article XII, Section 3(i)(ii) by a member that is a 
        participant shall entitle an appointed Executive 
        Director to vote and cast the number of votes allotted 
        to the member.
          (iii) Questions of the general administration of the 
        Fund, including reimbursement under Article XVI, 
        Section 2, and any question whether a matter pertains 
        to both Departments or exclusively to the Special 
        Drawing Rights Department shall be decided as if they 
        pertained exclusively to the General Department. 
        Decisions with respect to the method of valuation of 
        the special drawing right, the acceptance and holding 
        of special drawing rights in the General Resources 
        Account of the General Department and the use of them, 
        and other decisions affecting the operations and 
        transactions conducted through both the General 
        Resources Account of the General Department and the 
        Special Drawing Rights Department shall be made by the 
        majorities required for decisions on matters pertaining 
        exclusively to each Department. A decision on a matter 
        pertaining to the Special Drawing Rights Department 
        shall so indicate.
    (b) In addition to the privileges and immunities that are 
accorded under Article IX of this Agreement, no tax of any kind 
shall be levied on special drawing rights or on operations or 
transactions in special drawing rights.
    (c) A question of interpretation of the provisions of this 
Agreement on matters pertaining exclusively to the Special 
Drawing Rights Department shall be submitted to the Executive 
Board pursuant to Article XXIX(a) only on the request of a 
participant. In any case where the Executive Board has given a 
decision on a question of interpretation pertaining exclusively 
to the Special Drawing Rights Department only a participant may 
require that the question be referred to the Board of Governors 
under Article XXIX(b). The Board of Governors shall decide 
whether a Governor appointed by a member that is not a 
participant shall be entitled to vote in the Committee on 
Interpretation on questions pertaining exclusively to the 
Special Drawing Rights Department.
    (d) Whenever a disagreement arises between the Fund and a 
participant that has terminated its participation in the 
Special Drawing Rights Department or between the Fund and any 
participant during the liquidation of the Special Drawing 
Rights Department with respect to any matter arising 
exclusively from participation in the Special Drawing Rights 
Department, the disagreement shall be submitted to arbitration 
in accordance with the procedures in Article XXIX(c).

           Article XXII--General Obligations of Participants

    In addition to the obligations assumed with respect to 
special drawing rights under other articles of this Agreement, 
each participant undertakes to collaborate with the Fund and 
with other participants in order to facilitate the effective 
functioning of the Special Drawing Rights Department and the 
proper use of special drawing rights in accordance with this 
Agreement and with the objective of making the special drawing 
right the principal reserve asset in the international monetary 
system.

  Article XXIII--Suspension of Operations and Transactions in Special 
                             Drawing Rights

                    section 1. emergency provisions

    In the event of an emergency or the development of 
unforeseen circumstances threatening the activities of the Fund 
with respect to the Special Drawing Rights Department, the 
Executive Board, by an eighty-five percent majority of the 
total voting power, may suspend for a period of not more than 
one year the operation of any of the provisions relating to 
operations and transactions in special drawing rights, and the 
provisions of Article XXVII, Section l(b), (c), and (d) shall 
then apply.

               section 2. failure to fulfill obligations

    (a) If the Fund finds that a participant has failed to 
fulfill its obligations under Article XIX, Section 4, the right 
of the participant to use its special drawing rights shall be 
suspended unless the Fund otherwise decides.
    (b) If the Fund finds that a participant has failed to 
fulfill any other obligation with respect to special drawing 
rights, the Fund may suspend the right of the participant to 
use special drawing rights it acquires after the suspension.
    (c) Regulations shall be adopted to ensure that before 
action is taken against any participant under (a) or (b) above, 
the participant shall be informed immediately of the complaint 
against it and given an adequate opportunity for stating its 
case, both orally and in writing. Whenever the participant is 
thus informed of a complaint relating to (a) above, it shall 
not use special drawing rights pending the disposition of the 
complaint.
    (d) Suspension under (a) or (b) above or limitation under 
(c) above shall not affect a participant's obligation to 
provide currency in accordance with Article XIX, Section 4.
    (e) The Fund may at any time terminate a suspension under 
(a) or (b) above, provided that a suspension imposed on a 
participant under (b) above for failure to fulfill the 
obligations under Article XIX, Section 6(a) shall not be 
terminated until one hundred eighty days after the end of the 
first calendar quarter during which the participant complies 
with the rules for reconstitution.
    (f) The right of a participant to use its special drawing 
rights shall not be suspended because it has become ineligible 
to use the Fund's general resources under Article V, Section 5, 
Article VI, Section 1, or Article XXVI, Section 2(a). Article 
XXVI, Section 2 shall not apply because a participant has 
failed to fulfill any obligations with respect to special 
drawing rights.

               Article XXIV--Termination of Participation

              section 1. right to terminate participation

    (a) Any participant may terminate its participation in the 
Special Drawing Rights Department at any time by transmitting a 
notice in writing to the Fund at its principal office. 
Termination shall become effective on the date the notice is 
received.
    (b) A participant that withdraws from membership in the 
Fund shall be deemed to have simultaneously terminated its 
participation in the Special Drawing Rights Department.

                  section 2. settlement on termination

    (a) When a participant terminates its participation in the 
Special Drawing Rights Department, all operations and 
transactions by the terminating participant in special drawing 
rights shall cease except as otherwise permitted under an 
agreement made pursuant to (c) below in order to facilitate a 
settlement or as provided in Sections 3, 5, and 6 of this 
Article or in Schedule H. Interest and charges that accrued to 
the date of termination and assessments levied before that date 
but not paid shall be paid in special drawing rights.
    (b) The Fund shall be obligated to redeem all special 
drawing rights held by the terminating participant, and the 
terminating participant shall be obligated to pay to the Fund 
an amount equal to its net cumulative allocation and any other 
amounts that may be due and payable because of its 
participation in the Special Drawing Rights Department. These 
obligations shall be set off against each other and the amount 
of special drawing rights held by the terminating participant 
that is used in the setoff to extinguish its obligation to the 
fund shall be cancelled.
    (c) A settlement shall be made with reasonable despatch by 
agreement between the terminating participant and the Fund with 
respect to any obligation of the terminating participant or the 
Fund after the setoff in (b) above. If agreement on a 
settlement is not reached promptly the provisions of Schedule H 
shall apply.

                    section 3. interest and charges

    After the date of termination the Fund shall pay interest 
on any outstanding balance of special drawing rights held by a 
terminating participant, and the terminating participant shall 
pay charges on any outstanding obligation owed to the Fund at 
the times and rates prescribed under Article XX. Payment shall 
be made in special drawing rights. A terminating participant 
shall be entitled to obtain special drawing rights with a 
freely usable currency to pay charges or assessments in a 
transaction with a participant specified by the Fund or by 
agreement from any other holder, or to dispose of special 
drawing rights received as interest in a transaction with any 
participant designated under Article XIX, Section 5 or by 
agreement with any other holder.

            section 4. settlement of obligation to the fund

    Currency received by the Fund from a terminating 
participant shall be used by the Fund to redeem special drawing 
rights held by participants in proportion to the amount by 
which each participant's holdings of special drawing rights 
exceed its net cumulative allocation at the time the currency 
is received by the Fund. Special drawing rights so redeemed and 
special drawing rights obtained by a terminating participant 
under the provisions of this Agreement to meet any installment 
due under an agreement on settlement or under Schedule H and 
set off against that installment shall be cancelled.

    section 5. settlement of obligation to a terminating participant

    Whenever the Fund is required to redeem special drawing 
rights held by a terminating participant, redemption shall be 
made with currency provided by participants specified by the 
Fund. These participants shall be specified in accordance with 
the principles in Article XIX, Section 5. Each specified 
participant shall provide at its option the currency of the 
terminating participant or a freely usable currency to the Fund 
and shall receive an equivalent amount of special drawing 
rights. However, a terminating participant may use its special 
drawing rights to obtain its own currency, a freely usable 
currency, or any other asset from any holder, if the Fund so 
permits.

           section 6. general resources account transactions

    In order to facilitate settlement with a terminating 
participant, the Fund may decide that a terminating participant 
shall:
          (i) use any special drawing rights held by it after 
        the setoff in Section 2(b) of this Article, when they 
        are to be redeemed, in a transaction with the Fund 
        conducted through the General Resources Account to 
        obtain its own currency or a freely usable currency at 
        the option of the Fund; or
          (ii) obtain special drawing rights in a transaction 
        with the Fund conducted through the General Resources 
        Account for a currency acceptable to the Fund to meet 
        any charges or installment due under an agreement or 
        the provisions of Schedule H.

   Article XXV--Liquidation of the Special Drawing Rights Department

    (a) The Special Drawing Rights Department may not be 
liquidated except by decision of the Board of Governors. In an 
emergency, if the Executive Board decides that liquidation of 
the Special Drawing Rights Department may be necessary, it may 
temporarily suspend allocations or cancellations and all 
operations and transactions in special drawing rights pending 
decision by the Board of Governors. A decision by the Board of 
Governors to liquidate the Fund shall be a decision to 
liquidate both the General Department and the Special Drawing 
Rights Department.
    (b) If the Board of Governors decides to liquidate the 
Special Drawing Rights Department, all allocations or 
cancellations and all operations and transactions in special 
drawing rights and the activities of the Fund with respect to 
the Special Drawing Rights Department shall cease except those 
incidental to the orderly discharge of the obligations of 
participants and of the Fund with respect to special drawing 
rights, and all obligations of the Fund and of participants 
under this Agreement with respect to special drawing rights 
shall cease except those set out in this Article, Article XX, 
Article XXI(d), Article XXIV, Article XXIX(c), and Schedule H, 
or any agreement reached under Article XXIV subject to 
paragraph 4 of Schedule H, and Schedule I.
    (c) Upon liquidation of the Special Drawing Rights 
Department, interest and charges that accrued to the date of 
liquidation and assessments levied before that date but not 
paid shall be paid in special drawing rights. The Fund shall be 
obligated to redeem all special drawing rights held by holders, 
and each participant shall be obligated to pay the Fund an 
amount equal to its net cumulative allocation of special 
drawing rights and such other amounts as may be due and payable 
because of its participation in the Special Drawing Rights 
Department.
    (d) Liquidation of the Special Drawing Rights Department 
shall be administered in accordance with the provisions of 
Schedule I.

                Article XXVI--Withdrawal from Membership

                section 1. right of members to withdraw

    Any member may withdraw from the Fund at any time by 
transmitting a notice in writing to the Fund at its principal 
office. Withdrawal shall become effective on the date such 
notice is received.

                    section 2. compulsory withdrawal

    (a) If a member fails to fulfill any of its obligations 
under this Agreement, the Fund may declare the member 
ineligible to use the general resources of the Fund. Nothing in 
this Section shall be deemed to limit the provisions of Article 
V, Section 5 or Article VI, Section 1.
    (b) If, after the expiration of a reasonable period 
following a declaration of ineligibility under (a) above, the 
member persists in its failure to fulfill any of its 
obligations under this Agreement, the Fund may, by a seventy 
percent majority of the total voting power, suspend the voting 
rights of the member. During the period of the suspension, the 
provisions of Schedule L shall apply. The Fund may, by a 
seventy percent majority of the total voting power, terminate 
the suspension at any time.
    (c) If, after the expiration of a reasonable period 
following a decision of suspension under (b) above, the member 
persists in its failure to fulfill any of its obligations under 
this Agreement, that member may be required to withdraw from 
membership in the Fund by a decision of the Board of Governors 
carried by a majority of the Governors having eighty-five 
percent of the total voting power.
    (d) Regulations shall be adopted to ensure that before 
action is taken against any member under (a), (b), or (c) 
above, the member shall be informed in reasonable time of the 
complaint against it and given an adequate opportunity for 
stating its case, both orally and in writing.

       section 3. settlement of accounts with members withdrawing

    When a member withdraws from the Fund, normal operations 
and transactions of the Fund in its currency shall cease and 
settlement of all accounts between it and the Fund shall be 
made with reasonable despatch by agreement between it and the 
Fund. If agreement is not reached promptly, the provisions of 
Schedule J shall apply to the settlement of accounts.

                  Article XXVII--Emergency Provisions

                    section 1. temporary suspension

    (a) In the event of an emergency or the development of 
unforeseen circumstances threatening the activities of the 
Fund, the Executive Board, by an eighty-five percent majority 
of the total voting power, may suspend for a period of not more 
than one year the operation of any of the following provisions:
          (i) Article V, Sections 2, 3, 7, 8(a)(i) and (e);
          (ii) Article VI, Section 2;
          (iii) Article XI, Section 1;
          (iv) Schedule C, paragraph 5.
    (b) A suspension of the operation of a provision under (a) 
above may not be extended beyond one year except by the Board 
of Governors which, by an eighty-five percent majority of the 
total voting power, may extend a suspension for an additional 
period of not more than two years if it finds that the 
emergency or unforeseen circumstances referred to in (a) above 
continue to exist.
    (c) The Executive Board may, by a majority of the total 
voting power, terminate such suspension at any time.
    (d) The Fund may adopt rules with respect to the subject 
matter of a provision during the period in which its operation 
is suspended.

                   section 2. liquidation of the fund

    (a) The Fund may not be liquidated except by decision of 
the Board of Governors. In an emergency, if the Executive Board 
decides that liquidation of the Fund may be necessary, it may 
temporarily suspend all operations and transactions, pending 
decision by the Board of Governors.
    (b) If the Board of Governors decides to liquidate the 
Fund, the Fund shall forthwith cease to engage in any 
activities except those incidental to the orderly collection 
and liquidation of its assets and the settlement of its 
liabilities, and all obligations of members under this 
Agreement shall cease except those set out in this Article, in 
Article XXIX(c), in Schedule J, paragraph 7, and in Schedule K.
    (c) Liquidation shall be administered in accordance with 
the provisions of Schedule K.

                       Article XXVIII--Amendments

    (a) Any proposal to introduce modifications in this 
Agreement, whether emanating from a member, a Governor, or the 
Executive Board, shall be communicated to the chairman of the 
Board of Governors who shall bring the proposal before the 
Board of Governors. If the proposed amendment is approved by 
the Board of Governors, the Fund shall, by circular letter or 
telegram, ask all members whether they accept the proposed 
amendment. When three-fifths of the members, having eighty-five 
percent of the total voting power, have accepted the proposed 
amendment, the Fund shall certify the fact by a formal 
communication addressed to all members.
    (b) Notwithstanding (a) above, acceptance by all members is 
required in the case of any amendment modifying:
          (i) the right to withdraw from the Fund (Article 
        XXVI, Section 1);
          (ii) the provision that no change in a member's quota 
        shall be made without its consent (Article III, Section 
        2(d)); and
          (iii) the provision that no change may be made in the 
        par value of a member's currency except on the proposal 
        of that member (Schedule C, paragraph 6).
    (c) Amendments shall enter into force for all members three 
months after the date of the formal communication unless a 
shorter period is specified in the circular letter or telegram.

                      Article XXIX--Interpretation

    (a) Any question of interpretation of the provisions of 
this Agreement arising between any member and the Fund or 
between any members of the Fund shall be submitted to the 
Executive Board for its decision. If the question particularly 
affects any member not entitled to appoint an Executive 
Director, it shall be entitled to representation in accordance 
with Article XII, Section 3(j).
    (b) In any case where the Executive Board has given a 
decision under (a) above, any member may require, within three 
months from the date of the decision, that the question be 
referred to the Board of Governors, whose decision shall be 
final. Any question referred to the Board of Governors shall be 
considered by a Committee on Interpretation of the Board of 
Governors. Each Committee member shall have one vote. The Board 
of Governors shall establish the membership, procedures, and 
voting majorities of the Committee. A decision of the Committee 
shall be the decision of the Board of Governors unless the 
Board of Governors, by an eighty-five percent majority of the 
total voting power, decides otherwise. Pending the result of 
the reference to the Board of Governors the Fund may, so far as 
it deems necessary, act on the basis of the decision of the 
Executive Board.
    (c) Whenever a disagreement arises between the Fund and a 
member which has withdrawn, or between the Fund and any member 
during liquidation of the Fund, such disagreement shall be 
submitted to arbitration by a tribunal of three arbitrators, 
one appointed by the Fund, another by the member or withdrawing 
member, and an umpire who, unless the parties otherwise agree, 
shall be appointed by the President of the International Court 
of Justice or such other authority as may have been prescribed 
by regulation adopted by the Fund. The umpire shall have full 
power to settle all questions of procedure in any case where 
the parties are in disagreement with respect thereto.

                   Article XXX--Explanation of Terms

    In interpreting the provisions of this Agreement the Fund 
and its members shall be guided by the following provisions:
    (a) The Fund's holdings of a member's currency in the 
General Resources Account shall include any securities accepted 
by the Fund under Article III, Section 4.
    (b) Stand-by arrangement means a decision of the Fund by 
which a member is assured that it will be able to make 
purchases from the General Resources Account in accordance with 
the terms of the decision during a specified period and up to a 
specified amount.
    (c) Reserve tranche purchase means a purchase by a member 
of special drawing rights or the currency of another member in 
exchange for its own currency which does not cause the Fund's 
holdings of the member's currency in the General Resources 
Account to exceed its quota, provided that for the purposes of 
this definition the Fund may exclude purchases and holdings 
under:
          (i) policies on the use of its general resources for 
        compensatory financing of export fluctuations;
          (ii) policies on the use of its general resources in 
        connection with the financing of contributions to 
        international buffer stocks of primary products; and
          (iii) other policies on the use of its general 
        resources in respect of which the Fund decides, by an 
        eighty-five percent majority of the total voting power, 
        that an exclusion shall be made.
    (d) Payments for current transactions means payments which 
are not for the purpose of transferring capital, and includes, 
without limitation:
          (1) all payments due in connection with foreign 
        trade, other current business, including services, and 
        normal short-term banking and credit facilities;
          (2) payments due as interest on loans and as net 
        income from other investments;
          (3) payments of moderate amount for amortization of 
        loans or for depreciation of direct investments; and
          (4) moderate remittances for family living expenses.
The Fund may, after consultation with the members concerned, 
determine whether certain specific transactions are to be 
considered current transactions or capital transactions.
    (e) Net cumulative allocation of special drawing rights 
means the total amount of special drawing rights allocated to a 
participant less its share of special drawing rights that have 
been cancelled under Article XVIII, Section 2(a).
    (f) A freely usable currency means a member's currency that 
the Fund determines (i) is, in fact, widely used to make 
payments for international transactions, and (ii) is widely 
traded in the principal exchange markets.
    (g) Members that were members on August 31, 1975 shall be 
deemed to include a member that accepted membership after that 
date pursuant to a resolution of the Board of Governors adopted 
before that date.
    (h) Transactions of the Fund means exchanges of monetary 
assets by the Fund for other monetary assets. Operations of the 
Fund means other uses or receipts of monetary assets by the 
Fund.
    (i) Transactions in special drawing rights means exchanges 
of special drawing rights for other monetary assets. Operations 
in special drawing rights means other uses of special drawing 
rights.

                     Article XXXI--Final Provisions

                      section 1. entry into force

    This Agreement shall enter into force when it has been 
signed on behalf of governments having sixty-five percent of 
the total of the quotas set forth in Schedule A and when the 
instruments referred to in Section 2(a) of this Article have 
been deposited on their behalf, but in no event shall this 
Agreement enter into force before May 1, 1945.

                          section 2. signature

    (a) Each government on whose behalf this Agreement is 
signed shall deposit with the Government of the United States 
of America an instrument setting forth that it has accepted 
this Agreement in accordance with its law and has taken all 
steps necessary to enable it to carry out all of its 
obligations under this Agreement.
    (b) Each country shall become a member of the Fund as from 
the date of the deposit on its behalf of the instrument 
referred to in (a) above, except that no country shall become a 
member before this Agreement enters into force under Section 1 
of this Article.
    (c) The Government of the United States of America shall 
inform the governments of all countries whose names are set 
forth in Schedule A, and the governments of all countries whose 
membership is approved in accordance with Article II, Section 
2, of all signatures of this Agreement and of the deposit of 
all instruments referred to in (a) above.
    (d) At the time this Agreement is signed on its behalf, 
each government shall transmit to the Government of the United 
States of America one one-hundredth of one percent of its total 
subscription in gold or United States dollars for the purpose 
of meeting administrative expenses of the Fund. The Government 
of the United States of America shall hold such funds in a 
special deposit account and shall transmit them to the Board of 
Governors of the Fund when the initial meeting has been called. 
If this Agreement has not come into force by December 31, 1945, 
the Government of the United States of America shall return 
such funds to the governments that transmitted them.
    (e) This Agreement shall remain open for signature at 
Washington on behalf of the governments of the countries whose 
names are set forth in Schedule A until December 31, 1945.
    (f) After December 31, 1945, this Agreement shall be open 
for signature on behalf of the government of any country whose 
membership has been approved in accordance with Article II, 
Section 2.
    (g) By their signature of this Agreement, all governments 
accept it both on their own behalf and in respect of all their 
colonies, overseas territories, all territories under their 
protection, suzerainty, or authority, and all territories in 
respect of which they exercise a mandate.
    (h) Subsection (d) above shall come into force with regard 
to each signatory government as from the date of its signature.

          [The signature and depositary clause reproduced below 
        followed the text of Article XX in the original 
        Articles of Agreement]

    Done at Washington, in a single copy which shall remain 
deposited in the archives of the Government of the United 
States of America, which shall transmit certified copies to all 
governments whose names are set forth in Schedule A and to all 
governments whose membership is approved in accordance with 
Article II, Section 2.

                         Schedule A--Quotas \5\
                      [In millions of U.S. dollars]
 
 
 
Australia....................      200      India..........       400
Belgium......................      225      Iran...........        25
Bolivia......................       10      Iraq...........         8
Brazil.......................      150      Liberia........          .5
Canada.......................      300      Luxembourg.....        10
Chile........................       50      Mexico.........        90
China........................      550      Netherlands....       275
Colombia.....................       50      New Zealand....        50
Costa Rica...................        5      Nicaragua......         2
Cuba.........................       50      Norway.........        50
Czechoslovakia...............      125      Panama.........          .5
 


----------
    \5\ Subsequent changes in membership and quotas are not reflected 
in Schedule A.

                         Schedule A--Quotas \5\
                      [In millions of U.S. dollars]
 
 
 
Denmark......................      (*)      Paraguay.......         2
Dominican Republic...........        5      Peru...........        25
Ecuador......................        5      Philippine             15
                                             Commonwealth.
Egypt........................       45      Poland.........       125
El Salvador..................        2.5    Union of South        100
                                             Africa.
Ethiopia.....................        6      Union of Soviet
                                             Socialist
France.......................      450        Republics....     1,200
Greece.......................       40      United Kingdom.     1,300
Guatemala....................        5      United States..     2,750
Haiti........................        5      Uruguay........        15
Hondouras....................        2.5    Venezuela......        15
Iceland......................        1      Yugoslavia.....        60
 
 
* The quota of Denmark shall be determined by the Fund after the Danish
  Government has declared its readiness to sign this Agreement but
  before signature takes place.

Schedule B--Transitional Provisions With Respect to Repurchase, Payment 
   of Additional Subscriptions, Gold, and Certain Operational Matters

    1. Repurchase obligations that have accrued pursuant to 
Article V, Section 7(b) before the date of the second amendment 
of this Agreement and that remain undischarged at that date 
shall be discharged not later than the date or dates at which 
the obligations had to be discharged in accordance with the 
provisions of this Agreement before the second amendment.
    2. A member shall discharge with special drawing rights any 
obligation to pay gold to the Fund in repurchase or as a 
subscription that is outstanding at the date of the second 
amendment of this Agreement, but the Fund may prescribe that 
these payments may be made in whole or in part in the 
currencies of other members specified by the Fund. A non-
participant shall discharge an obligation that must be paid in 
special drawing rights pursuant to this provision with the 
currencies of other members specified by the Fund.
    3. For the purposes of 2 above 0.888 671 gram of fine gold 
shall be equivalent to one special drawing right, and the 
amount of currency payable under 2 above shall be determined on 
that basis and on the basis of the value of the currency in 
terms of the special drawing right at the date of discharge.
    4. A member's currency held by the Fund in excess of 
seventy-five percent of the member's quota at the date of the 
second amendment of this Agreement and not subject to 
repurchase under 1 above shall be repurchased in accordance 
with the following rules:
          (i) Holdings that resulted from a purchase shall be 
        repurchased in accordance with the policy on the use of 
        the Fund's general resources under which the purchase 
        was made.
          (ii) Other holdings shall be repurchased not later 
        than four years after the date of the second amendment 
        of this Agreement.
    5. Repurchases under 1 above that are not subject to 2 
above, repurchases under 4 above, and any specification of 
currencies under 2 above shall be in accordance with Article V, 
Section 7(i).
    6. All rules and regulations, rates, procedures, and 
decisions in effect at the date of the second amendment of this 
Agreement shall remain in effect until they are changed in 
accordance with the provisions of this Agreement.
    7. To the extent that arrangements equivalent in effect to 
(a) and (b) below have not been completed before the date of 
the second amendment of this Agreement, the Fund shall
          (a) sell up to 25 million ounces of fine gold held by 
        it on August 31, 1975 to those members that were 
        members on that date and that agree to buy it, in 
        proportion to their quotas on that date. The sale to a 
        member under this sub-paragraph (a) shall be made in 
        exchange for its currency and at a price equivalent at 
        the time of sale to one special drawing right per 0.888 
        671 gram of fine gold, and
          (b) sell up to 25 million ounces of fine gold held by 
        it on August 31, 1975 for the benefit of developing 
        members that were members on that date, provided, 
        however, that the part of any profits or surplus value 
        of the gold that corresponds to the proportion of such 
        a member's quota on August 31, 1975 to the total of the 
        quotas of all members on that date shall be transferred 
        directly to each such member. The requirements under 
        Article V, Section 12(c) that the Fund consult a 
        member, obtain a member's concurrence, or exchange a 
        member's currency for the currencies of other members 
        in certain circumstances shall apply with respect to 
        currency received by the Fund as a result of sales of 
        gold under this provision, other than sales to a member 
        in return for its own currency, and placed in the 
        General Resources Account.
Upon the sale of gold under this paragraph 7, an amount of the 
proceeds in the currencies received equivalent at the time of 
sale to one special drawing right per 0.888 671 gram of fine 
gold shall be placed in the General Resources Account and other 
assets held by the Fund under arrangements pursuant to (b) 
above shall be held separately from the general resources of 
the Fund. Assets that remain subject to disposition by the Fund 
upon termination of arrangements pursuant to (b) above shall be 
transferred to the Special Disbursement Account.

                         Schedule C--Par Values

    1. The Fund shall notify members that par values may be 
established for the purposes of this Agreement, in accordance 
with Article IV, Sections 1, 3, 4, and 5 and this Schedule, in 
terms of the special drawing right, or in terms of such other 
common denominator as is prescribed by the Fund. The common 
denominator shall not be gold or a currency.
    2. A member that intends to establish a par value for its 
currency shall propose a par value to the Fund within a 
reasonable time after notice is given under 1 above.
    3. Any member that does not intend to establish a par value 
for its currency under 1 above shall consult with the Fund and 
ensure that its exchange arrangements are consistent with the 
purposes of the Fund and are adequate to fulfill its 
obligations under Article IV, Section 1.
    4. The Fund shall concur in or object to a proposed par 
value within a reasonable period after receipt of the proposal. 
A proposed par value shall not take effect for the purposes of 
this Agreement if the Fund objects to it, and the member shall 
be subject to 3 above. The Fund shall not object because of the 
domestic social or political policies of the member proposing 
the par value.
    5. Each member that has a par value for its currency 
undertakes to apply appropriate measures consistent with this 
Agreement in order to ensure that the maximum and the minimum 
rates for spot exchange transactions taking place within its 
territories between its currency and the currencies of other 
members maintaining par values shall not differ from parity by 
more than four and one-half percent or by such other margin or 
margins as the Fund may adopt by an eighty-five percent 
majority of the total voting power.
    6. A member shall not propose a change in the par value of 
its currency except to correct, or prevent the emergence of, a 
fundamental disequilibrium. A change may be made only on the 
proposal of the member and only after consultation with the 
Fund.
    7. When a change is proposed, the Fund shall concur in or 
object to the proposed par value within a reasonable period 
after receipt of the proposal. The Fund shall concur if it is 
satisfied that the change is necessary to correct, or prevent 
the emergence of, a fundamental disequilibrium. The Fund shall 
not object because of the domestic social or political policies 
of the member proposing the change. A proposed change in par 
value shall not take effect for the purposes of this Agreement 
if the Fund objects to it. If a member changes the par value of 
its currency despite the objection of the Fund, the member 
shall be subject to Article XXVI, Section 2. Maintenance of an 
unrealistic par value by a member shall be discouraged by the 
Fund.
    8. The par value of a member's currency established under 
this Agreement shall cease to exist for the purposes of this 
Agreement if the member informs the Fund that it intends to 
terminate the par value. The Fund may object to the termination 
of a par value by a decision taken by an eighty-five percent 
majority of the total voting power. If a member terminates a 
par value for its currency despite the objection of the Fund, 
the member shall be subject to Article XXVI, Section 2. A par 
value established under this Agreement shall cease to exist for 
the purposes of this Agreement if the member terminates the par 
value despite the objection of the Fund, or if the Fund finds 
that the member does not maintain rates for a substantial 
volume of exchange transactions in accordance with 5 above, 
provided that the Fund may not make such finding unless it has 
consulted the member and given it sixty days notice of the 
Fund's intention to consider whether to make a finding.
    9. If the par value of the currency of a member has ceased 
to exist under 8 above, the member shall consult with the Fund 
and ensure that its exchange arrangements are consistent with 
the purposes of the Fund and are adequate to fulfill its 
obligations under Article IV, Section 1.
    10. A member for whose currency the par value has ceased to 
exist under 8 above may, at any time, propose a new par value 
for its currency.
    11. Notwithstanding 6 above, the Fund, by a seventy percent 
majority of the total voting power, may make uniform 
proportionate changes in all par values if the special drawing 
right is the common denominator and the changes will not affect 
the value of the special drawing right. The par value of a 
member's currency shall, however, not be changed under this 
provision if, within seven days after the Fund's action, the 
member informs the Fund that it does not wish the par value of 
its currency to be changed by such action.

                          Schedule D--Council

    1. (a) Each member that appoints an Executive Director and 
each group of members that has the number of votes allotted to 
them cast by an elected Executive Director shall appoint to the 
Council one Councillor, who shall be a Governor, Minister in 
the government of a member, or person of comparable rank, and 
may appoint not more than seven Associates. The Board of 
Governors may change, by an eighty-five percent majority of the 
total voting power, the number of Associates who may be 
appointed. A Councillor or Associate shall serve until a new 
appointment is made or until the next regular election of 
Executive Directors, whichever shall occur sooner.
    (b) Executive Directors, or in their absence their 
Alternates, and Associates shall be entitled to attend meetings 
of the Council, unless the Council decides to hold a restricted 
session. Each member and each group of members that appoints a 
Councillor shall appoint an Alternate who shall be entitled to 
attend a meeting of the Council when the Councillor is not 
present, and shall have full power to act for the Councillor.
    2. (a) The Council shall supervise the management and 
adaptation of the international monetary system, including the 
continuing operation of the adjustment process and developments 
in global liquidity, and in this connection shall review 
developments in the transfer of real resources to developing 
countries.
    (b) The Council shall consider proposals pursuant to 
Article XXVIII(a) to amend the Articles of Agreement.
    3. (a) The Board of Governors may delegate to the Council 
authority to exercise any powers of the Board of Governors 
except the powers conferred directly by this Agreement on the 
Board of Governors.
    (b) Each Councillor shall be entitled to cast the number of 
votes allotted under Article XII, Section 5 to the member or 
group of members appointing him. A Councillor appointed by a 
group of members may cast separately the votes allotted to each 
member in the group. If the number of votes allotted to a 
member cannot be cast by an Executive Director, the member may 
make arrangements with a Councillor for casting the number of 
votes allotted to the member.
    (c) The Council shall not take any action pursuant to 
powers delegated by the Board of Governors that is inconsistent 
with any action taken by the Board of Governors and the 
Executive Board shall not take any action pursuant to powers 
delegated by the Board of Governors that is inconsistent with 
any action taken by either the Board of Governors or the 
Council.
    4. The Council shall select a Councillor as chairman, shall 
adopt regulations as may be necessary or appropriate to perform 
its functions, and shall determine any aspect of its procedure. 
The Council shall hold such meetings as may be provided for by 
the Council or called by the Executive Board.
    5. (a) The Council shall have powers corresponding to those 
of the Executive Board under the following provisions: Article 
XII, Section 2(c), (f), (g), and (j); Article XVIII, Section 
4(a) and Section 4(c)(iv); Article XXIII, Section 1; and 
Article XXVII, Section l(a).
    (b) For decisions by the Council on matters pertaining 
exclusively to the Special Drawing Rights Department, only 
Councillors appointed by a member that is a participant or a 
group of members at least one member of which is a participant 
shall be entitled to vote. Each of these Councillors shall be 
entitled to cast the number of votes allotted to the member 
which is a participant that appointed him or to the members 
that are participants in the group of members that appointed 
him, and may cast the votes allotted to a participant with 
which arrangements have been made pursuant to the last sentence 
of 3(b) above.
    (c) The Council may by regulation establish a procedure 
whereby the Executive Board may obtain a vote of the 
Councillors on a specific question without a meeting of the 
Council when in the judgment of the Executive Board an action 
must be taken by the Council which should not be postponed 
until the next meeting of the Council and which does not 
warrant the calling of a special meeting.
    (d) Article IX, Section 8 shall apply to Councillors, their 
Alternates, and Associates, and to any other person entitled to 
attend a meeting of the Council.
    (e) For the purposes of (b) and 3(b) above, an agreement 
under Article XII, Section 3(i)(ii) by a member, or by a member 
that is a participant, shall entitle a Councillor to vote and 
cast the number of votes allotted to the member.
    (f) When an Executive Director is entitled to cast the 
number of votes allotted to a member pursuant to Article XII, 
Section 3(i)(v), the Councillor appointed by the group whose 
members elected such Executive Director shall be entitled to 
vote and cast the number of votes allotted to such member. The 
member shall be deemed to have participated in the appointment 
of the Councillor entitled to vote and cast the number of votes 
allotted to the member.
    6. The first sentence of Article XII, Section 2(a) shall be 
deemed to include a reference to the Council.

              Schedule E--Election of Executive Directors

    1. The election of the elective Executive Directors shall 
be by ballot of the Governors eligible to vote.
    2. In balloting for the Executive Directors to be elected, 
each of the Governors eligible to vote shall cast for one 
person all of the votes to which he is entitled under Article 
XII, Section 5(a). The fifteen persons receiving the greatest 
number of votes shall be Executive Directors, provided that no 
person who received less than four percent of the total number 
of votes that can be cast (eligible votes) shall be considered 
elected.
    3. When fifteen persons are not elected in the first 
ballot, a second ballot shall be held in which there shall vote 
only (a) those Governors who voted in the first ballot for a 
person not elected, and (b) those Governors whose votes for a 
person elected are deemed under 4 below to have raised the 
votes cast for that person above nine percent of the eligible 
votes. If in the second ballot there are more candidates than 
the number of Executive Directors to be elected, the person who 
received the lowest number of votes in the first ballot shall 
be ineligible for election.
    4. In determining whether the votes cast by a Governor are 
to be deemed to have raised the total of any person above nine 
percent of the eligible votes, the nine percent shall be deemed 
to include, first, the votes of the Governor casting the 
largest number of votes for such person, then the votes of the 
Governor casting the next largest number, and so on until nine 
percent is reached.
    5. Any Governor, part of whose votes must be counted in 
order to raise the total of any person above four percent, 
shall be considered as casting all of his votes for such person 
even if the total votes for such person thereby exceed nine 
percent.
    6. If, after the second ballot, fifteen persons have not 
been elected, further ballots shall be held on the same 
principles until fifteen persons have been elected, provided 
that after fourteen persons are elected, the fifteenth may be 
elected by a simple majority of the remaining votes and shall 
be deemed to have been elected by all such votes.

                        Schedule F--Designation

    During the first basic period the rules for designation 
shall be as follows:
          (a) Participants subject to designation under Article 
        XIX, Section 5(a)(i) shall be designated for such 
        amounts as will promote over time equality in the 
        ratios of the participants' holdings of special drawing 
        rights in excess of their net cumulative allocations to 
        their official holdings of gold and foreign exchange.
          (b) The formula to give effect to (a) above shall be 
        such that participants subject to designation shall be 
        designated:
                  (i) in proportion to their official holdings 
                of gold and foreign exchange when the ratios 
                described in (a) above are equal; and
                  (ii) in such manner as gradually to reduce 
                the difference between the ratios described in 
                (a) above that are low and the ratios that are 
                high.

                       Schedule G--Reconstitution

    1. During the first basic period the rules for 
reconstitution shall be as follows:
          (a)(i) A participant shall so use and reconstitute 
        its holdings of special drawing rights that, five years 
        after the first allocation and at the end of each 
        calendar quarter thereafter, the average of its total 
        daily holdings of special drawing rights over the most 
        recent five-year period will be not less than thirty 
        percent of the average of its daily net cumulative 
        allocation of special drawing rights over the same 
        period.
          (ii) Two years after the first allocation and at the 
        end of each calendar month thereafter the Fund shall 
        make calculations for each participant so as to 
        ascertain whether and to what extent the participant 
        would need to acquire special drawing rights between 
        the date of the calculation and the end of any five-
        year period in order to comply with the requirement in 
        (a)(i) above. The Fund shall adopt regulations with 
        respect to the bases on which these calculations shall 
        be made and with respect to the timing of the 
        designation of participants under Article XIX, Section 
        5(a)(ii), in order to assist them to comply with the 
        requirement in (a)(i) above.
          (iii) The Fund shall give special notice to a 
        participant when the calculations under (a)(ii) above 
        indicate that it is unlikely that the participant will 
        be able to comply with the requirement in (a)(i) above 
        unless it ceases to use special drawing rights for the 
        rest of the period for which the calculation was made 
        under (a)(ii) above.
          (iv) A participant that needs to acquire special 
        drawing rights to fulfill this obligation shall be 
        obligated and entitled to obtain them, for currency 
        acceptable to the Fund, in a transaction with the Fund 
        conducted through the General Resources Account. If 
        sufficient special drawing rights to fulfill this 
        obligation cannot be obtained in this way, the 
        participant shall be obligated and entitled to obtain 
        them with a freely usable currency from a participant 
        which the Fund shall specify.
          (b) Participants shall also pay due regard to the 
        desirability of pursuing over time a balanced 
        relationship between their holdings of special drawing 
        rights and their other reserves.
    2. If a participant fails to comply with the rules for 
reconstitution, the Fund shall determine whether or not the 
circumstances justify suspension under Article XXIII, Section 
2(b).

                Schedule H--Termination of Participation

    1. If the obligation remaining after the setoff under 
Article XXIV, Section 2(b) is to the terminating participant 
and agreement on settlement between the Fund and the 
terminating participant is not reached within six months of the 
date of termination, the Fund shall redeem this balance of 
special drawing rights in equal half-yearly installments within 
a maximum of five years of the date of termination. The Fund 
shall redeem this balance as it may determine, either (a) by 
the payment to the terminating participant of the amounts 
provided by the remaining participants to the Fund in 
accordance with Article XXIV, Section 5, or (b) by permitting 
the terminating participant to use its special drawing rights 
to obtain its own currency or a freely usable currency from a 
participant specified by the Fund, the General Resources 
Account, or any other holder.
    2. If the obligation remaining after the setoff under 
Article XXIV, Section 2(b) is to the Fund and agreement on 
settlement is not reached within six months of the date of 
termination, the terminating participant shall discharge this 
obligation in equal half-yearly installments within three years 
of the date of termination or within such longer period as may 
be fixed by the Fund. The terminating participant shall 
discharge this obligation, as the Fund may determine, either 
(a) by the payment to the Fund of a freely usable currency, or 
(b) by obtaining special drawing rights, in accordance with 
Article XXIV, Section 6, from the General Resources Account or 
in agreement with a participant specified by the Fund or from 
any other holder, and the setoff of these special drawing 
rights against the installment due.
    3. Installments under either 1 or 2 above shall fall due 
six months after the date of termination and at intervals of 
six months thereafter.
    4. In the event of the Special Drawing Rights Department 
going into liquidation under Article XXV within six months of 
the date a participant terminates its participation, the 
settlement between the Fund and that government shall be made 
in accordance with Article XXV and Schedule I.

Schedule I--Administration of Liquidation of the Special Drawing Rights 
                               Department

    1. In the event of liquidation of the Special Drawing 
Rights Department, participants shall discharge their 
obligations to the Fund in ten half-yearly installments, or in 
such longer period as the Fund may decide is needed, in a 
freely usable currency and the currencies of participants 
holding special drawing rights to be redeemed in any 
installment to the extent of such redemption, as determined by 
the Fund. The first half-yearly payment shall be made six 
months after the decision to liquidate the Special Drawing 
Rights Department.
    2. If it is decided to liquidate the Fund within six months 
of the date of the decision to liquidate the Special Drawing 
Rights Department, the liquidation of the Special Drawing 
Rights Department shall not proceed until special drawing 
rights held in the General Resources Account have been 
distributed in accordance with the following rule:
          After the distributions made under 2(a) and (b) of 
        Schedule K, the Fund shall apportion its special 
        drawing rights held in the General Resources Account 
        among all members that are participants in proportion 
        to the amounts due to each participant after the 
        distribution under 2(b). To determine the amount due to 
        each member for the purpose of apportioning the 
        remainder of its holdings of each currency under 2(d) 
        of Schedule K, the Fund shall deduct the distribution 
        of special drawing rights made under this rule.
    3. With the amounts received under 1 above, the Fund shall 
redeem special drawing rights held by holders in the following 
manner and order:
          (a) Special drawing rights held by governments that 
        have terminated their participation more than six 
        months before the date the Board of Governors decides 
        to liquidate the Special Drawing Rights Department 
        shall be redeemed in accordance with the terms of any 
        agreement under Article XXIV or Schedule H.
          (b) Special drawing rights held by holders that are 
        not participants shall be redeemed before those held by 
        participants, and shall be redeemed in proportion to 
        the amount held by each holder.
          (c) The Fund shall determine the proportion of 
        special drawing rights held by each participant in 
        relation to its net cumulative allocation. The Fund 
        shall first redeem special drawing rights from the 
        participants with the highest proportion until this 
        proportion is reduced to that of the second highest 
        proportion; the Fund shall then redeem the special 
        drawing rights held by these participants in accordance 
        with their net cumulative allocations until the 
        proportions are reduced to that of the third highest 
        proportion; and this process shall be continued until 
        the amount available for redemption is exhausted.
    4. Any amount that a participant will be entitled to 
receive in redemption under 3 above shall be set off against 
any amount to be paid under 1 above.
    5. During liquidation the Fund shall pay interest on the 
amount of special drawing rights held by holders, and each 
participant shall pay charges on the net cumulative allocation 
of special drawing rights to it less the amount of any payments 
made in accordance with 1 above. The rates of interest and 
charges and the time of payment shall be determined by the 
Fund. Payments of interest and charges shall be made in special 
drawing rights to the extent possible. A participant that does 
not hold sufficient special drawing rights to meet any charges 
shall make the payment with a currency specified by the Fund. 
Special drawing rights received as charges in amounts needed 
for administrative expenses shall not be used for the payment 
of interest, but shall be transferred to the Fund and shall be 
redeemed first and with the currencies used by the Fund to meet 
its expenses.
    6. While a participant is in default with respect to any 
payment required by 1 or 5 above, no amounts shall be paid to 
it in accordance with 3 or 5 above.
    7. If after the final payments have been made to 
participants each participant not in default does not hold 
special drawing rights in the same proportion to its net 
cumulative allocation, those participants holding a lower 
proportion shall purchase from those holding a higher 
proportion such amounts in accordance with arrangements made by 
the Fund as will make the proportion of their holdings of 
special drawing rights the same. Each participant in default 
shall pay to the Fund its own currency in an amount equal to 
its default. The Fund shall apportion this currency and 
residual claims among participants in proportion to the amount 
of special drawing rights held by each and these special 
drawing rights shall be cancelled. The Fund shall then close 
the books of the Special Drawing Rights Department and all of 
the Fund's liabilities arising from the allocations of special 
drawing rights and the administration of the Special Drawing 
Rights Department shall cease.
    8. Each participant whose currency is distributed to other 
participants under this Schedule guarantees the unrestricted 
use of such currency at all times for the purchase of goods or 
for payments of sums due to it or to persons in its 
territories. Each participant so obligated agrees to compensate 
other participants for any loss resulting from the difference 
between the value at which the Fund distributed its currency 
under this Schedule and the value realized by such participants 
on disposal of its currency.

      Schedule J--Settlement of Accounts with Members Withdrawing

    1. The settlement of accounts with respect to the General 
Resources Account shall be made according to 1 to 6 of this 
Schedule. The Fund shall be obligated to pay to a member 
withdrawing an amount equal to its quota, plus any other 
amounts due to it from the Fund, less any amounts due to the 
Fund, including charges accruing after the date of its 
withdrawal; but no payment shall be made until six months after 
the date of withdrawal. Payments shall be made in the currency 
of the withdrawing member, and for this purpose the Fund may 
transfer to the General Resources Account holdings of the 
member's currency in the Special Disbursement Account or in the 
Investment Account in exchange for an equivalent amount of the 
currencies of other members in the General Resources Account 
selected by the Fund with their concurrence.
    2. If the Fund's holdings of the currency of the 
withdrawing member are not sufficient to pay the net amount due 
from the Fund, the balance shall be paid in a freely usable 
currency, or in such other manner as may be agreed. If the Fund 
and the withdrawing member do not reach agreement within six 
months of the date of withdrawal, the currency in question held 
by the Fund shall be paid forthwith to the withdrawing member. 
Any balance due shall be paid in ten half-yearly installments 
during the ensuing five years. Each such installment shall be 
paid, at the option of the Fund, either in the currency of the 
withdrawing member acquired after its withdrawal or in a freely 
usable currency.
    3. If the Fund fails to meet any installment which is due 
in accordance with the preceding paragraphs, the withdrawing 
member shall be entitled to require the Fund to pay the 
installment in any currency held by the Fund with the exception 
of any currency which has been declared scarce under Article 
VII, Section 3.
    4. If the Fund's holdings of the currency of a withdrawing 
member exceed the amount due to it, and if agreement on the 
method of settling accounts is not reached within six months of 
the date of withdrawal, the former member shall be obligated to 
redeem such excess currency in a freely usable currency. 
Redemption shall be made at the rates at which the Fund would 
sell such currencies at the time of withdrawal from the Fund. 
The withdrawing member shall complete redemption within five 
years of the date of withdrawal, or within such longer period 
as may be fixed by the Fund, but shall not be required to 
redeem in any half-yearly period more than one-tenth of the 
Fund's excess holdings of its currency at the date of 
withdrawal plus further acquisitions of the currency during 
such half-yearly period. If the withdrawing member does not 
fulfill this obligation, the Fund may in an orderly manner 
liquidate in any market the amount of currency which should 
have been redeemed.
    5. Any member desiring to obtain the currency of a member 
which has withdrawn shall acquire it by purchase from the Fund, 
to the extent that such member has access to the general 
resources of the Fund and that such currency is available under 
4 above.
    6. The withdrawing member guarantees the unrestricted use 
at all times of the currency disposed of under 4 and 5 above 
for the purchase of goods or for payment of sums due to it or 
to persons within its territories. It shall compensate the Fund 
for any loss resulting from the difference between the value of 
its currency in terms of the special drawing right on the date 
of withdrawal and the value realized in terms of the special 
drawing right by the Fund on disposal under 4 and 5 above.
    7. If the withdrawing member is indebted to the Fund as the 
result of transactions conducted through the Special 
Disbursement Account under Article V, Section 12(f)(ii), the 
indebtedness shall be discharged in accordance with the terms 
of the indebtedness.
    8. If the Fund holds the withdrawing member's currency in 
the Special Disbursement Account or in the Investment Account, 
the Fund may in an orderly manner exchange in any market for 
the currencies of members the amount of the currency of the 
withdrawing member remaining in each account after use under 1 
above, and the proceeds of the exchange of the amount in each 
account shall be kept in that account. Paragraph 5 above and 
the first sentence of 6 above shall apply to the withdrawing 
member's currency.
    9. If the Fund holds obligations of the withdrawing member 
in the Special Disbursement Account pursuant to Article V, 
Section 12(h), or in the Investment Account, the Fund may hold 
them until the date of maturity or dispose of them sooner. 
Paragraph 8 above shall apply to the proceeds of such 
disinvestment.
    10. In the event of the Fund going into liquidation under 
Article XXVII, Section 2 within six months of the date on which 
the member withdraws, the accounts between the Fund and that 
government shall be settled in accordance with Article XXVII, 
Section 2 and Schedule K.

               Schedule K--Administration of Liquidation

    1. In the event of liquidation the liabilities of the Fund 
other than the repayment of subscriptions shall have priority 
in the distribution of the assets of the Fund. In meeting each 
such liability the Fund shall use its assets in the following 
order:
          (a) the currency in which the liability is payable;
          (b) gold;
          (c) all other currencies in proportion, so far as may 
        be practicable, to the quotas of the members.
    2. After the discharge of the Fund's liabilities in 
accordance with 1 above, the balance of the Fund's assets shall 
be distributed and apportioned as follows:
          (a)(i) The Fund shall calculate the value of gold 
        held on August 31, 1975 that it continues to hold on 
        the date of the decision to liquidate. The calculation 
        shall be made in accordance with 9 below and also on 
        the basis of one special drawing right per 0.888 671 
        gram of fine gold on the date of liquidation. Gold 
        equivalent to the excess of the former value over the 
        latter shall be distributed to those members that were 
        members on August 31, 1975 in proportion to their 
        quotas on that date.
          (ii) The Fund shall distribute any assets held in the 
        Special Disbursement Account on the date of the 
        decision to liquidate to those members that were 
        members on August 31, 1975 in proportion to their 
        quotas on that date. Each type of asset shall be 
        distributed proportionately to members.
          (b) The Fund shall distribute its remaining holdings 
        of gold among the members whose currencies are held by 
        the Fund in amounts less than their quotas in the 
        proportions, but not in excess of, the amounts by which 
        their quotas exceed the Fund's holdings of their 
        currencies.
          (c) The Fund shall distribute to each member one-half 
        the Fund's holdings of its currency but such 
        distribution shall not exceed fifty percent of its 
        quota.
          (d) The Fund shall apportion the remainder of its 
        holdings of gold and each currency
                  (i) among all members in proportion to, but 
                not in excess of, the amounts due to each 
                member after the distributions under (b) and 
                (c) above, provided that distribution under 
                2(a) above shall not be taken into account for 
                determining the amounts due, and
                  (ii) any excess holdings of gold and currency 
                among all the members in proportion to their 
                quotas.
    3. Each member shall redeem the holdings of its currency 
apportioned to other members under 2(d) above, and shall agree 
with the Fund within three months after a decision to liquidate 
upon an orderly procedure for such redemption.
    4. If a member has not reached agreement with the Fund 
within the three-month period referred to in 3 above, the Fund 
shall use the currencies of other members apportioned to that 
member under 2(d) above to redeem the currency of that member 
apportioned to other members. Each currency apportioned to a 
member which has not reached agreement shall be used, so far as 
possible, to redeem its currency apportioned to the members 
which have made agreements with the Fund under 3 above.
    5. If a member has reached agreement with the Fund in 
accordance with 3 above, the Fund shall use the currencies of 
other members apportioned to that member under 2(d) above to 
redeem the currency of that member apportioned to other members 
which have made agreements with the Fund under 3 above. Each 
amount so redeemed shall be redeemed in the currency of the 
member to which it was apportioned.
    6. After carrying out the steps in the preceding 
paragraphs, the Fund shall pay to each member the remaining 
currencies held for its account.
    7. Each member whose currency has been distributed to other 
members under 6 above shall redeem such currency in the 
currency of the member requesting redemption, or in such other 
manner as may be agreed between them. If the members involved 
do not otherwise agree, the member obligated to redeem shall 
complete redemption within five years of the date of 
distribution, but shall not be required to redeem in any half-
yearly period more than one-tenth of the amount distributed to 
each other member. If the member does not fulfill this 
obligation, the amount of currency which should have been 
redeemed may be liquidated in an orderly manner in any market.
    8. Each member whose currency has been distributed to other 
members under 6 above guarantees the unrestricted use of such 
currency at all times for the purchase of goods or for payment 
of sums due to it or to persons in its territories. Each member 
so obligated agrees to compensate other members for any loss 
resulting from the difference between the value of its currency 
in terms of the special drawing right on the date of the 
decision to liquidate the Fund and the value in terms of the 
special drawing right realized by such members on disposal of 
its currency.
    9. The Fund shall determine the value of gold under this 
Schedule on the basis of prices in the market.
    10. For the purposes of this Schedule, quotas shall be 
deemed to have been increased to the full extent to which they 
could have been increased in accordance with Article III, 
Section 2(b) of this Agreement.

                Schedule L--Suspension of Voting Rights

    In the case of a suspension of voting rights of a member 
under Article XXVI, Section 2(b), the following provisions 
shall apply:
    1. The member shall not:
          (a) participate in the adoption of a proposed 
        amendment of this Agreement, or be counted in the total 
        number of members for that purpose, except in the case 
        of an amendment requiring acceptance by all members 
        under Article XXVIII(b) or pertaining exclusively to 
        the Special Drawing Rights Department;
          (b) appoint a Governor or Alternate Governor, appoint 
        or participate in the appointment of a Councillor or 
        Alternate Councillor, or appoint, elect, or participate 
        in the election of an Executive Director.
    2. The number of votes allotted to the member shall not be 
cast in any organ of the Fund. They shall not be included in 
the calculation of the total voting power, except for purposes 
of the acceptance of a proposed amendment pertaining 
exclusively to the Special Drawing Rights Department.
    3. (a) The Governor and Alternate Governor appointed by the 
member shall cease to hold office.
    (b) The Councillor and Alternate Councillor appointed by 
the member, or in whose appointment the member has 
participated, shall cease to hold office, provided that, if 
such Councillor was entitled to cast the number of votes 
allotted to other members whose voting rights have not been 
suspended, another Councillor and Alternate Councillor shall be 
appointed by such other members under Schedule D, and, pending 
such appointment, the Councillor and Alternate Councillor shall 
continue to hold office, but for a maximum of thirty days from 
the date of suspension.
    (c) The Executive Director appointed or elected by the 
member, or in whose election the member has participated, shall 
cease to hold office, unless such Executive Director was 
entitled to cast the number of votes allotted to other members 
whose voting rights have not been suspended. In the latter 
case:
          (i) if more than ninety days remain before the next 
        regular election of Executive Directors, another 
        Executive Director shall be elected for the remainder 
        of the term by such other members by a majority of the 
        votes cast; pending such election, the Executive 
        Director shall continue to hold office, but for a 
        maximum of thirty days from the date of suspension;
          (ii) if not more than ninety days remain before the 
        next regular election of Executive Directors, the 
        Executive Director shall continue to hold office for 
        the remainder of the term.
    4. The member shall be entitled to send a representative to 
attend any meeting of the Board of Governors, the Council, or 
the Executive Board, but not any meeting of their committees, 
when a request made by, or a matter particularly affecting, the 
member is under consideration.
                   b. General Arrangements to Borrow

 (1) Original Decision of the Executive Directors of the International 
                             Monetary Fund

       Partial text of Decision No. 1289-(62/1), January 5, 1962


          Note.--On February 24, 1983, in Decision No. 7337-
        (83/37), the Executive Board of the International 
        Monetary Fund approved provisions for enlarging and 
        revising this Decision on the General Arrangements to 
        Borrow (GAB), and for increasing the amounts of the 
        participant's credit arrangements. This Decision became 
        effective on December 26, 1983. The complete text of 
        the revised Decision to the GAB with the Annex 
        containing the increases in the participant's credit 
        arrangements follows at item (3).
          The retained provisions of this decision, as 
        reproduced below, reflect the wording of the text prior 
        to its being amended. The text which reads the same in 
        both versions of the Decision has been omitted from 
        this Decision but has been printed in the revision.
          See also Decision No. 11428--(97/6) creating the New 
        Arrangements to Borrow (NAB), item c. (1). The NAB 
        doubles the amount of resources available to the IMF 
        under the GAB. Although the NAB do not replace the 
        existing GAB, the NAB would typically be the first and 
        principal recourse in the event of a need to provide 
        supplementary resources to the IMF.



Preamble

    In order to enable the International Monetary Fund to 
fulfill more effectively its role in the international monetary 
system in the new conditions of widespread convertibility, 
including greater freedom for short-term capital movements, the 
main industrial countries have agreed that they will, in a 
spirit of broad and willing cooperation, strengthen the Fund by 
general arrangements under which they will stand ready to lend 
their currencies to the Fund up to specified amounts under 
Article VII, Section 2 of the Articles of Agreement when 
supplementary resources are needed to forestall or cope with an 
impairment of the international monetary system in the 
aforesaid conditions. In order to give effect to these 
intentions, the following terms and conditions are adopted 
under Article VII, Section 2 of the Articles of Agreement.

Paragraph 1. Definitions

          * * * * * * *
          (vi) ``amount of a credit arrangement'' means the 
        maximum amount expressed in units of its currency that 
        a participant undertakes to lend to the Fund under a 
        credit arrangement;
          * * * * * * *
          (ix) ``drawer'' means a member that purchases 
        borrowed currency from the Fund in an exchange 
        transaction or in an exchange transaction under a 
        standby arrangement;

Paragraph 2. Credit Arrangements

    A member or institution that adheres to this Decision 
undertakes to lend its currency to the Fund on the terms and 
conditions of this Decision up to the amount in units of its 
currency set forth in the Annex to this Decision or established 
in accordance with Paragraph 3(b).

Paragraph 3. Adherence

    (a) * * *
    (b) Any member or institution not specified in the Annex 
that wishes to become a participant may at any time, after 
consultation with the Fund, give notice of its willingness to 
adhere to this Decision, and, if the Fund shall so agree and no 
participant object, the member or institution may adhere in 
accordance with Paragraph 3(c). When giving notice of its 
willingness to adhere under this Paragraph 3(b) a member or 
institution shall specify the amount, expressed in terms of its 
currency, of the credit arrangement which it is willing to 
enter into, provided that the amount shall not be less than the 
equivalent at the date of adherence of one hundred million 
United States dollars of the weight and fineness in effect on 
July 1, 1944.
          * * * * * * *

Paragraph 6. Initial Procedure

    When a participating member or a member whose institution 
is a participant approaches the Fund on an exchange transaction 
or stand-by arrangement and the Managing Director, after 
consultation, considers that the exchange transaction or stand-
by arrangement is necessary in order to forestall or cope with 
an impairment of the international monetary system, and that 
the Fund's resources need to be supplemented for this purpose, 
he shall initiate the procedure for making calls under 
Paragraph 7.

Paragraph 7. Calls

    (a) The Managing Director shall make a proposal for calls 
for an exchange transaction or for future calls for exchange 
transactions under a stand-by arrangement only after 
consultation with Executive Directors and participants. A 
proposal shall become effective only if it is accepted by 
participants and the proposal is then approved by the Executive 
Directors. Each participant shall notify the Fund of the 
acceptance of a proposal involving a call under its credit 
arrangement.
          * * * * * * *
    (d) If a participant on which calls may be made pursuant to 
Paragraph 7(a) for a drawer's purchases under a stand-by 
arrangement gives notice to the Fund that in the participant's 
opinion, based on the present and prospective balance of 
payments and reserve position, calls should no longer be made 
on the participant or that calls should be for a smaller 
amount, the Managing Director may propose to other participants 
that substitute amounts be made available under their credit 
arrangements, and this proposal shall be subject to the 
procedure of Paragraph 7(a). The proposal as originally 
approved under Paragraph 7(a) shall remain effective unless and 
until a proposal for substitute amounts is approved in 
accordance with Paragraph 7(a).
          * * * * * * *

Paragraph 9. Interest and Charges

    (a) The Fund shall pay a charge of one-half of one percent 
on transfers made in accordance with Paragraph 7(e).
    (b) The Fund shall pay interest on its indebtedness at the 
rate of one and one-half percent per annum. In the event that 
this becomes different from a basic rate determined as follows:
        the charge levied by the Fund pursuant to Article V, 
        Section 8(a) plus the charge levied by the Fund 
        pursuant to Article V, Section 8(c)(i), as changed from 
        time to time under Article V, Section 8(e), during the 
        first year after a purchase or exchange from the Fund, 
        minus one-half of one percent.
The interest payable by the Fund shall be changed by the same 
amount as from the date when the difference in the basic rate 
takes effect. Interest shall be paid as soon as possible after 
July 31, October 31, January 31, and April 30.
    (c) Interest and charges shall be paid in gold to the 
extent that this can be effected in bars. Any balance not so 
paid shall be paid in United States dollars.
    (d) Gold payable to a participant in accordance with 
Paragraph 9(b) or Paragraph 11 shall be delivered at any gold 
depository of the Fund chosen by the participant at which the 
Fund has sufficient gold for making the payment. Such delivery 
shall be free of any charges or costs for the participant.

Paragraph 10. Use of Borrowed Currency

    The Fund's policies and practices on the use of its 
resources and stand-by arrangements, including those relating 
to the period of use, shall apply to purchases of currency 
borrowed by the Fund.

Paragraph 11. Repayment by the Fund

    (a) Subject to the other provisions of this Paragraph 11, 
the Fund, five years after a transfer by a participant, shall 
repay the participant an amount equivalent to the transfer 
calculated in accordance with Paragraph 12. If the drawer for 
whose purchase participants make transfers is committed to 
repurchase at a fixed date earlier than five years after its 
purchase, the Fund shall repay the participants at that date. 
Repayment under this Paragraph 11(a) or under Paragraph 11(c) 
shall be, as determined by the Fund, in the participant's 
currency whenever feasible, or in gold, or, after consultation 
with the participant, in other currencies that are convertible 
in fact. Repayments to a participant under the subsequent 
provisions of this Paragraph 11 shall be credited against 
transfers by the participant for a drawer's purchases in the 
order in which repayment must be made under this Paragraph 
11(a).
    (b) \1\ Before the date prescribed in Paragraph 11(a), the 
Fund, after consultation with a participant, may make repayment 
to the participant, in part or in full. The Fund shall have the 
option to make repayment under this Paragraph 11(b) in the 
participant's currency, or in special drawing rights in an 
amount that does not increase the participant's holding of 
special drawing rights above the limit under Article XIX, 
Section 4, of the Articles of Agreement unless the participant 
agrees to accept special drawing rights above that limit in 
such repayment, or with the agreement of the participant, in 
other currencies that are actually convertible.
---------------------------------------------------------------------------
    \1\ Executive Board Decision No. 6241-(79/156), August 24, 1979, 
amended subpara. (b). Previously, subpara. (b) read as follows:
    ``(b) Before the date prescribed in Paragraph 11(a), the Fund, 
after consultation with a participant, may make repayment to the 
participant, in part or in full, with any increases in the Fund's 
holdings of the participant's currency that exceed the Fund's working 
requirements, and participants shall accept such repayment.''.
---------------------------------------------------------------------------
    (c) Whenever a drawer repurchases, the Fund shall promptly 
repay an equivalent amount, except in any of the following 
cases:
          (i) The repurchase is under Article V, Section 7(b) 
        and can be identified as being in respect of a purchase 
        of currency other than borrowed currency.
          (ii) The repurchase is in discharge of a commitment 
        entered into on a purchase of currency other than 
        borrowed currency.
          (iii) The repurchase entitles the drawer to augmented 
        rights under a stand-by arrangement pursuant to Section 
        II of Decision No. 876-(59/15) of the Executive 
        Directors, provided that, to the extent that the drawer 
        does not exercise such augmented rights, the Fund shall 
        promptly repay an equivalent amount on the expiration 
        of the stand-by arrangement.
    (d) Whenever the Fund decides in agreement with a drawer 
that the problem for which the drawer made its purchases has 
been overcome, the drawer shall complete repurchase, and the 
Fund shall complete repayment and be entitled to use its 
holdings of the drawer's currency below 75 percent of the 
drawer's quota in order to complete such repayment.
    (e) Repayments under Paragraph 11 (c) and (d) shall be made 
in the order established under Paragraph 11(a) and in 
proportion to the Fund's indebtedness to the participants that 
made transfers in respect of which repayment is being made.
    (f) Before the date prescribed in Paragraph 11(a) a 
participant may give notice representing that there is a 
balance of payments need for repayment of part or all of the 
Fund's indebtedness and requesting such repayment. The Fund 
shall give the overwhelming benefit of any doubt to the 
participant's representation. Repayment shall be made after 
consultation with the participant in the currencies of other 
members that are convertible in fact, or made in gold, as 
determined by the Fund. If the Fund's holdings of currencies in 
which repayment should be made are not wholly adequate, 
individual participants shall be requested, and will be 
expected to provide the necessary balance under their credit 
arrangements. If, not withstanding the expectation that the 
participants will provide the necessary balance, they fail to 
do so, repayment shall be made to the extent necessary in the 
currency of the drawer for whose purchases the participant 
requesting repayment made transfers. For all of the purposes of 
this Paragraph 11, transfers under this Paragraph 11(f) shall 
be deemed to have been made at the same time and for the same 
purchases as the transfers by the participant obtaining 
repayment under this Paragraph 11(f).
    (g) * * * \2\
---------------------------------------------------------------------------
    \2\ Paras. (g) and (h) became paras. (f) and (g) in the revised 
Decision.
---------------------------------------------------------------------------
    (h) * * * \2\
    (i) When any repayment is made to a participant, the amount 
that can be called for under its credit arrangement in 
accordance with this Decision shall be restored pro tanto but 
not beyond the amount of the credit arrangement.

Paragraph 12. Rates of Exchange

    (a) The value of any transfer shall be calculated as of the 
date of the transfer in terms of a stated number of fine ounces 
of gold or of the United States dollar of the weight and 
fineness in effect on July 1, 1944, and the Fund shall be 
obliged to repay an equivalent value.
    (b) For all of the purposes of this Decision, the 
equivalent in currency of any number of fine ounces of gold or 
of the United States dollar of the weight and fineness in 
effect on July 1, 1944, or vice versa, shall be calculated at 
the rate of exchange at which the Fund holds such currency at 
the date as of which the calculation is made; provided however 
that the provisions of Decision No. 321-(54/32) of the 
Executive Directors on Transactions and Computations Involving 
Fluctuating Currencies, as amended by Decision No. 1245-(61/45) 
and Decision No. 1283-(61/56), shall determine the rate of 
exchange for any currency to which that decision, as amended, 
has been applied.
          * * * * * * *

Paragraph 14. Notices

    Notice to or by a participating member under this Decision 
shall be in writing or by cable and shall be given to or by the 
fiscal agency of the participating member designated in 
accordance with Article V, Section 1 of the Articles and Rule 
G1 of the Rules and Regulations of the Fund. Notice to or by a 
participating institution shall be in writing or by cable and 
shall be given to or by the participating institution.
          * * * * * * *

Paragraph 17. Withdrawal from Membership

    If a participating member or a member whose institution is 
a participant withdraws from membership in the Fund, the 
participant's credit arrangement shall cease at the same time 
as the withdrawal takes effect. The Fund's indebtedness under 
the credit arrangement shall be treated as an amount due from 
the Fund for the purpose of Article XV, Section 3, and Schedule 
D of the Articles.

Paragraph 18. Suspension of Exchange Transactions and Liquidation

    (a) The right of the Fund to make calls under Paragraph 7 
and the obligation to make repayments under Paragraph 11 shall 
be suspended during any suspension of exchange transactions 
under Article XVI of the Articles.
    (b) * * *

Paragraph 19. Period and Renewal

    (a) \3\ This Decision shall continue in existence for four 
years from its effective date.
---------------------------------------------------------------------------
    \3\ This Decision has been renewed by the Executive Directors nine 
times, the most recent of which was November 12, 2002, for five years 
dating from December 2003.
---------------------------------------------------------------------------
          * * * * * * *

Paragraph 20. Interpretation

    Any question of interpretation raised in connection with 
this Decision which does not fall within the purview of Article 
XVIII of the Articles shall be settled to the mutual 
satisfaction of the Fund, the participant raising the question, 
and all other participants. For the purpose of this Paragraph 
20 participants shall be deemed to include those former 
participants to which Paragraphs 8 through 14, 17 and 18(b) 
continue to apply pursuant to Paragraph 19(c) to the extent 
that any such former participant is affected by a question of 
interpretation that is raised.

                                 Annex

             Participants and Amounts of Credit Arrangements
------------------------------------------------------------------------
                                                            Units of
                                                         Participant's
                                                            Currency
------------------------------------------------------------------------
 1. United States of America (US$)...................      2,000,000,000
 2. Deutsche Bundesbank (DM).........................          4,000,000
 3. United Kingdom ()....................        357,142,857
 4. France (NF)......................................      2,715,381,428
 5. Italy (Lit)......................................    343,750,000,000
 6. Japan (Yen)......................................     90,000,000,000
 7. Canada (Can$)....................................        216,216,000
 8. Netherlands (f.).................................        724,000,000
 9. Belgium (BF).....................................      7,500,000,000
10. Sveriges Riksbank (Sweden) (SKr).................        517,320,000
------------------------------------------------------------------------


    The foregoing is the text of a decision of the Executive 
Board taken at Meeting 62/1, January 5, 1962.

                                         Roman L. Horne, Secretary.
(2) Letter from M. Wilfrid Baumgartner, Minister of Finance, France, to 
        Douglas Dillon, Secretary of the Treasury, United States

                                     Ministere des Finances
                                  Le Ministre, le 15 Decembre 1961.
The Honorable Douglas Dillon,
Secretary of the Treasury.
    Dear Mr. Secretary:

    The purpose of this letter is to set forth the 
understandings reached during the recent discussions in Paris 
with respect to the procedure to be followed by the 
Participating Countries and Institutions (hereinafter referred 
to as ``the participants'') in connection with borrowings by 
the International Monetary Fund of Supplementary Resources 
under credit arrangements which we expect will be established 
pursuant to a decision of the Executive Directors of the Fund.
    This procedure, which would apply after the entry into 
force of that decision with respect to the participants which 
adhere to it in accordance with their laws, and which would 
remain in effect during the period of the decision, is as 
follows:
    A. A participating country which has need to draw 
currencies from the International Monetary Fund or to seek a 
stand-by agreement with the Fund in circumstances indicating 
that the Supplementary Resources might be used, shall consult 
with the Managing Director of the Fund first and then with the 
other participants.
    B. If the Managing Director makes a proposal for 
Supplementary Resources to be lent to the Fund, the 
participants shall consult on this proposal and inform the 
Managing Director of the amounts of their currencies which they 
consider appropriate to lend to the Fund, taking into account 
the recommendations of the Managing Director and their present 
and prospective balance of payments and reserve positions. The 
participants shall aim at reaching unanimous agreement.
    C. If it is not possible to reach unanimous agreement, the 
question whether the participants are prepared to facilitate, 
by lending their currencies, an exchange transaction or stand-
by arrangement of the kind covered by the special borrowing 
arrangements and requiring the Fund's resources to be 
supplemented in the general order of magnitude proposed by the 
Managing Director, will be decided by a poll of the 
participants.
    The prospective drawer will not be entitled to vote. A 
favorable decision shall require the following majorities of 
the participants which take part in the vote, it being 
understood that abstentions may be justified only for balance 
of payments reasons as stated in paragraph D:
          (1) a two-thirds majority of the number of 
        participants voting; and
          (2) a three-fifth majority of the weighted votes of 
        the participants voting, weighted on the basis of the 
        commitments to the Supplementary Resources.
    D. If the decision in paragraph C is favorable, there shall 
be further consultations among the participants, and with the 
Managing Director, concerning the amounts of the currencies of 
the respective participants which will be loaned to the Fund in 
order to attain a total in the general order of magnitude 
agreed under paragraph C. If during the consultations a 
participant gives notice that in its opinion, based on its 
present and prospective balance of payments and reserve 
position, calls should not be made on it, or that calls should 
be for a smaller amount than that proposed, the participants 
shall consult among themselves and with the Managing Director 
as to the additional amounts of their currencies which they 
could provide so as to reach the general order of magnitude 
agreed under paragraph C.
    E. When agreement is reached under paragraph D, each 
participant shall inform the Managing Director of the calls 
which it is prepared to meet under its credit arrangement with 
the Fund.
    F. If a participant which has loaned its currency to the 
Fund under its credit arrangement with the Fund subsequently 
requests a reversal of its loan which leads to further loans to 
the Fund by other participants, the participant seeking such 
reversal shall consult with the Managing Director and with the 
other participants.
    For the purpose of the consultative procedures described 
above, participants will designate representatives who shall be 
empowered to act with respect to proposals for use of the 
Supplementary Resources.
    It is understood that in the event of any proposals for 
calls under the credit arrangements or if other matters should 
arise under the Fund decision requiring consultations among the 
participants, a consultative meeting will be held among all the 
participants. The representative of France shall be responsible 
for calling the first meeting, and at that time the 
participants will determine who shall be the Chairman. The 
Managing Director of the Fund or his representative shall be 
invited to participate in these consultative meetings.
    It is understood that in order to further the consultations 
envisaged, participants should, to the fullest extent 
practicable, use the facilities of the international 
organizations to which they belong in keeping each other 
informed of developments in their balances of payments that 
could give rise to the use of the Supplementary Resources.
    These consultative arrangements, undertaken in a spirit of 
international cooperation, are designed to insure the stability 
of the international payments system.
    I shall appreciate a reply confirming that the foregoing 
represents the understandings which have been reached with 
respect to the procedure to be followed in connection with 
borrowings by the International Monetary Fund under the credit 
arrangements to which I have referred.
    I am sending identical letters to the other participants--
that is, Belgium, Canada, Germany, Italy, Japan, The 
Netherlands, Sweden, the United Kingdom. Attached is a verbatim 
text of this letter in English. The French and English texts 
and the replies of the participants in both languages, shall be 
equally authentic. I shall notify all of the participants of 
the confirmations \1\ received in response to this letter.
---------------------------------------------------------------------------
    \1\ Acceptance by the United States, Belgium, Canada, Germany, 
Italy, Japan, the Netherlands, Sweden, the United Kingdom, and France.
---------------------------------------------------------------------------
                                                    W. Baumgartner.
              (3) General Arrangements to Borrow: Revision

      Decision No. 7337-(83/37) of the Executive Directors of the 
     International Monetary Fund, February 24, 1983, as amended \1\

              General Arrangements to Borrow: Revised Text

Preamble

    In order to enable the International Monetary Fund to 
fulfill more effectively its role in the international monetary 
system, the main industrial countries have agreed that they 
will, in a spirit of broad and willing cooperation, strengthen 
the Fund by general arrangements under which they will stand 
ready to make loans to the Fund up to specified amounts under 
Article VII, Section 1 of the Articles of Agreement when 
supplementary resources are needed to forestall or cope with an 
impairment of the international monetary system. In order to 
give effect to these intentions, the following terms and 
conditions are adopted under Article VII, Section 1 of the 
Articles of Agreement.
---------------------------------------------------------------------------
    \1\ Decision No. 7337-(83/37) became effective December 26, 1983. 
Decision No. 10175-(92/129) of October 28, 1992, amended this Decision, 
effective December 22, 1992. Decision No. 7337-(83/37) has been renewed 
for periods of five years from December 26, 1988 (Decision No. 8733-
(87/159); December 26, 1993 (Decision No. 10176-(92/129); December 26, 
1998 (Decision No. 11609-(97/112); and December 26, 2003 (Decision No. 
12879-(02/113).
---------------------------------------------------------------------------

Paragraph 1. Definitions

    As used in this Decision the term:
          (i) ``Articles'' means the Articles of Agreement of 
        the International Monetary Fund;
          (ii) ``credit arrangement'' means an undertaking to 
        lend to the Fund on the terms and conditions of this 
        Decision;
          (iii) ``participant'' means a participating member of 
        a participating institution;
          (iv) ``participating institution'' means an official 
        institution of a member that has entered into a credit 
        arrangement with the Fund with the consent of the 
        member;
          (v) ``participating member'' means a member of the 
        Fund that has entered into a credit arrangement with 
        the Fund;
          (vi) ``amount of a credit arrangement'' means the 
        maximum amount expressed in special drawing rights that 
        a participant undertakes to lend to the Fund under a 
        credit arrangement;
          (vii) ``call'' means a notice by the Fund to a 
        participant to make a transfer under its credit 
        arrangement to the Fund's account;
          (viii) ``borrowed currency'' means currency 
        transferred to the Fund's account under a credit 
        arrangement;
          (ix) ``drawer'' means a member that purchases 
        borrowed currency from the Fund in an exchange 
        transaction or in an exchange transaction under a 
        standby or extended arrangement;
          (x) ``indebtedness'' of the Fund means the amount it 
        is committed to repay under a credit arrangement.

Paragraph 2. Credit Arrangements

    A member or institution that adheres to this Decision 
undertakes to lend its currency to the Fund on the terms and 
conditions of this Decision up to the amount in special drawing 
rights set forth in the Annex to this Decision or established 
in accordance with Paragraph 3(b).

Paragraph 3. Adherence

    (a) Any member or institution specified in the Annex may 
adhere to this Decision in accordance with Paragraph 3(c).
    (b) Any member or institution not specified in the Annex 
that wishes to become a participant may at any time, after 
consultation with the Fund, give notice of its willingness to 
adhere to this Decision, and, if the Fund shall so agree and no 
participant object, the member or institution may adhere in 
accordance with Paragraph 3(c). When giving notice of its 
willingness to adhere under this Paragraph 3(b) a member or 
institution shall specify the amount, expressed in terms of the 
special drawing right, of the credit arrangement which it is 
willing to enter into, provided that the amount shall not be 
less than the amount of the credit arrangement of the 
participant with the smallest credit arrangement.
    (c) A member or institution shall adhere to this Decision 
by depositing with the Fund an instrument setting forth that it 
has adhered in accordance with its law and has taken all steps 
necessary to enable it to carry out the terms and conditions of 
this Decision. On the deposit of the instrument the member or 
institution shall be a participant as of the date of the 
deposit or of the effective date of this Decision, whichever 
shall be later.

Paragraph 4. Entry into Force

    This Decision shall become effective when it has been 
adhered to by at least seven of the members or institutions 
included in the Annex with credit arrangements amounting in all 
to not less than the equivalent of five and one-half billion 
United States dollars of the weight and fineness in effect on 
July 1, 1944.

Paragraph 5. Changes in Amounts of Credit Arrangements

    The amounts of participants' credit arrangements may be 
reviewed from time to time in the light of developing 
circumstances and changed with the agreement of the Fund and 
all participants.

Paragraph 6. Initial Procedure

    When a participating member or a member whose institution 
is a participant approaches the Fund on an exchange transaction 
or stand-by arrangement and the Managing Director, after 
consultation, considers that the exchange transaction or stand-
by or extended arrangement is necessary in order to forestall 
or cope with an impairment of the international monetary 
system, and that the Fund's resources need to be supplemented 
for this purpose, he shall initiate the procedure for making 
calls under Paragraph 7.

Paragraph 7. Calls

    (a) The Managing Director shall make a proposal for calls 
for an exchange transaction or for future calls for exchange 
transactions under a stand-by or extended arrangement only 
after consultation with Executive Directors and participants. A 
proposal shall become effective only if it is accepted by 
participants and the proposal is then approved by the Executive 
Board. Each participant shall notify the Fund of the acceptance 
of a proposal involving a call under its credit arrangement.
    (b) The currencies and amounts to be called under one or 
more of the credit arrangements shall be based on the present 
and prospective balance of payments and reserve positions of 
participating members or members whose institutions are 
participants and on the Fund's holdings of currencies.
    (c) Unless otherwise provided in a proposal for future 
calls approved under Paragraph 7(a), purchases of borrowed 
currency under a stand-by arrangement shall be made in the 
currencies of participants in proportion to the amounts in the 
proposal.
    (d) If a participant on which calls may be made pursuant to 
Paragraph 7(a) for a drawer's purchases under a stand-by or 
extended arrangement gives notice to the Fund that in the 
participant's opinion, based on the present and prospective 
balance of payments and reserve position, calls should no 
longer be made on the participant or that calls should be for a 
smaller amount, the Managing Director may propose to other 
participants that substitute amounts be made available under 
their credit arrangements, and this proposal shall be subject 
to the procedure of Paragraph 7(a). The proposal as originally 
approved under Paragraph 7(a) shall remain effective unless and 
until a proposal for substitute amounts is approved in 
accordance with Paragraph 7(a).
    (e) When the Fund makes a call pursuant to this Paragraph 
7, the participant shall promptly make the transfer in 
accordance with the call.

Paragraph 8. Evidence of Indebtedness

    (a) The Fund shall issue to a participant, on its request, 
nonnegotiable instruments evidencing the Fund's indebtedness to 
the participant. The form of the instruments shall be agreed 
between the Fund and the participant.
    (b) Upon repayment of the amount of any instrument issued 
under Paragraph 8(a) and all accrued interest, the instrument 
shall be returned to the Fund for cancellation. If less than 
the amount of any such instrument is repaid, the instrument 
shall be returned to the Fund and a new instrument for the 
remainder of the amount shall be substituted with the same 
maturity date as in the old instrument.

Paragraph 9. Interest

    (a) The Fund shall pay interest on its indebtedness at a 
rate equal to the combined market interest rate computed by the 
Fund from time to time for the purpose of determining the rate 
at which it pays interest on holdings of special drawing 
rights. A change in the method of calculating the combined 
market interest rate shall apply only if the Fund and at least 
two thirds of the participants having three fifths of the total 
amount of the credit arrangements so agree; provided that it a 
participant so requests at the time this agreement is reached, 
the change shall not apply to the Funds's indebtedness to that 
participant outstanding at the date the change becomes 
effective.
    (b) Interest shall accrue daily and shall be paid as soon 
as possible after each July 31, October 31, January 31, and 
April 30.
    (c) Interest due to a participant shall be paid, as 
determined by the Fund, in special drawing rights, or in the 
participant's currency, or in other currencies that are 
actually convertible.

Paragraph 10. Use of Borrowed Currency

    The Fund's policies and practices under Article V, Sections 
3 and 7 on the use of its general resources and stand-by and 
extended arrangements, including those relating to the period 
of use, shall apply to purchases of currency borrowed by the 
Fund. Nothing in this Decision shall affect the authority of 
the Fund with respect to requests for the use if its resources 
by individual members, and access to these resources by members 
shall be determined by the Fund's policies and practices, and 
shall not depend on whether the Fund can borrow under this 
Decision.

Paragraph 11. Repayment by the Fund

    (a) Subject to the other provisions of this Paragraph 11, 
the Fund, five years after a transfer by a participant, shall 
repay the participant an amount equivalent to the transfer 
calculated in accordance with Paragraph 12. If the drawer for 
whose purchase participants make transfers is committed to 
repurchase at a fixed date earlier than five years after its 
purchase, the Fund shall repay the participants at that date. 
Repayment under this Paragraph 11(a) or under Paragraph 11(c) 
shall be, as determined by the Fund, in the participant's 
currency whenever feasible, or in special drawing rights, or, 
after consultation with the participant, in other currencies 
that are convertible. Repayments to a participant under 
Paragraph 11(b) and (e) shall be credited against transfers by 
the participant for a drawer's purchases in the order in which 
repayment must be made under this Paragraph 11(a). in gold
    (b) Before the date prescribed in Paragraph 11(a), the 
Fund, after consultation with a participant, may make repayment 
to the participant in part or in full. The Fund shall have the 
option to make repayment under this Paragraph 11(b) in the 
participant's currency, or in special drawing rights in an 
amount that does not increase the participant's holding of 
special drawing rights above the limit under Article XIX, 
Section 4, of the Articles of Agreement unless the participant 
agrees to accept special drawing rights above that limit in 
such repayment, or, with the agreement of the participant, in 
other currencies that are actually convertible.
    (c) Whenever a reduction in the Fund's holdings of a 
drawer's currency is attributed to a purchase of borrowed 
currency, the Fund shall promptly repay an equivalent amount. 
If the Fund is indebted to a participant as a result of 
transfers to finance a reserve tranche purchase by a drawer and 
the Fund's holding of the drawer's currency that are not 
subject to repurchase are reduced as a result of net sales of 
that currency during a quarterly period covered by an 
operational budget, the Fund shall repay at the beginning of 
the next quarterly period an amount equivalent to that 
reduction, up to the amount of the indebtedness to the 
participant.
    (d) Repayments under Paragraph 11(c) shall be made in 
proportion to the Fund's indebtedness to the participants that 
made transfers in respect of which repayment is being made.
    (e) Before the date prescribed in Paragraph 11(a) a 
participant may give notice representing that there is a 
balance of payments need for repayment of part or all of the 
Fund's indebtedness and requesting such repayment. The Fund 
shall give the overwhelming benefit of any doubt to the 
participant's representation. Repayment shall be made after 
consultation with the participant in the currencies in which 
repayment should be made are not wholly adequate, individual 
participants shall be requested, and will be expected, to 
provide the necessary balance under their credit arrangements. 
If, notwithstanding the expectation that the participants will 
provide the necessary balance, they fail to do so, repayment 
shall be made to the extent necessary in the currency of the 
drawer for whose purchases the participant requesting repayment 
made transfers. For all of the purposes of this Paragraph 11 
transfers under this Paragraph 11(e) shall be deemed to have 
been made at the same time and for the same purchases as the 
transfers by the participant obtaining repayment under this 
Paragraph 11(e).
    (f) All repayments to a participant in a currency other 
than its own shall be guided, to the maximum extent 
practicable, by the present and prospective balance of payments 
and reserve position of the members whose currencies are to be 
used in repayment.
    (g) The Fund shall at no time reduce its holdings of a 
drawer's currency below an amount equal to the Fund's 
indebtedness to the participants resulting from transfers for 
the drawer's purchases.
    (h) When any repayment is made to a participant, the amount 
that can be called for under its credit arrangement in 
accordance with this Decision shall be restored pro tanto.
    (i) The Fund shall be deemed to have discharged its 
obligations to a participating institution to make repayment in 
accordance with the provisions of this Paragraph or to pay 
interest in accordance with the provisions of Paragraph 9 if 
the Fund transfers an equivalent amount in special drawing 
rights to the member in which the institution is established.

Paragraph 12. Rates of Exchange

    (a) The value of any transfer shall be calculated as of the 
date of the dispatch of the instruction for the transfer. The 
calculation shall be made in terms of the special drawing right 
in accordance with Article XIX, Section 7(a) of the Articles, 
and the Fund shall be obliged to repay an equivalent value.
    (b) For all of the purposes of this Decision, the value of 
a currency in terms of the special drawing right shall be 
calculated by the Fund in accordance with Rule O-2 of the 
Fund's Rules and Regulations.

Paragraph 13. Transferability

    A participant may not transfer all or part of its claim to 
repayment under a credit arrangement except with the prior 
consent of the Fund and on such terms and conditions as the 
Fund may approve.

Paragraph 14. Notices

    Notice to or by a participating member under this Decision 
shall be in writing or by rapid means of communication and 
shall be given to or by the fiscal agency of the participating 
member designated in accordance with Article V, Section 1 of 
the Articles and Rule G-1 of the Rules and Regulations of the 
Fund. Notice to or by a participating institution shall be in 
writing or by rapid means of communication and shall be given 
to or by the participating institution.

Paragraph 15. Amendment

    This Decision may be amended during the period prescribed 
in Paragraph 19(a) only by a decision of the Fund and with the 
concurrence of all participants. Such concurrence shall not be 
necessary for the modification of the Decision on its renewal 
pursuant to Paragraph 19(b).

Paragraph 16. Withdrawal of Adherence

    A participant may withdraw its adherence to this Decision 
in accordance with Paragraph 19(b) but may not withdraw within 
the period described in Paragraph 19(a) except with the 
agreement of the Fund and all participants.

Paragraph 17. Withdrawal from Membership

    If a participating member or a member whose institution is 
a participant withdraws from membership in the Fund, the 
participant's credit arrangement shall cease at the same time 
as the withdrawal takes effect. The Fund's indebtedness under 
the credit arrangement shall be treated as an amount due from 
the Fund for the purpose of Article XXVI, Section 3, and 
Schedule J of the Articles.

Paragraph 18. Suspension of Exchange Transactions and Liquidation

    (a) The right of the Fund to make calls under Paragraph 7 
and the obligation to make repayments under Paragraph 11 shall 
be suspended during any suspension of exchange transactions 
under Article XXVII of the Articles.
    (b) In the event of liquidation of the Fund, credit 
arrangements shall cease and the Fund's indebtedness shall 
constitute liabilities under Schedule K of the Articles. For 
the purpose of Paragraph 1(a) of Schedule K, the currency in 
which the liability of the Fund shall be payable shall be first 
the participant's currency and then the currency of the drawer 
for whose purchases transfers were made by the participant.

Paragraph 19. Period and Renewal

    (a) \2\ This Decision shall continue in existence for four 
years from its effective date. A new period of five years shall 
begin on the effective date of Decision No. 7337-(83/37), 
adopted February 24, 1983. References in Paragraph 19(b) to the 
period prescribed in Paragraph 19(a) shall refer to this new 
period and to any subsequent renewal periods that may be 
decided pursuant to Paragraph 19(b). When considering a renewal 
of this Decision for the period following the five-year period 
refereed to in Paragraph 19(a), the Fund and the participants 
shall review the functioning of this Decision, including the 
provisions of Paragraph 21.
---------------------------------------------------------------------------
    \2\ This Decision has been renewed by the Executive Directors nine 
times, the most recent of which was November 12, 2002, for five years 
dating from December 2003.
---------------------------------------------------------------------------
    (b) This Decision may be renewed for such periods and with 
such modifications, subject to Paragraph 5, as the Fund may 
decide. The Fund shall adopt a decision on renewal and 
modification, if any, not later than twelve months before the 
end of the period prescribed in Paragraph 19(a). Any 
participant may advise the Fund not less than six months before 
the end of the period prescribed in Paragraph 19(a) that it 
will withdraw its adherence to the Decision as renewed. In the 
absence of such notice, a participant shall be deemed to 
continue to adhere to the Decision as renewed. Withdrawal of 
adherence in accordance with this Paragraph 19(b) by a 
participant, whether or not included in the Annex, shall not 
preclude its subsequent adherence in accordance with Paragraph 
3(b).
    (c) If this Decision is terminated or not renewed, 
Paragraphs 8 through 14, 17 and 18(b) shall nevertheless 
continue to apply in connection with any indebtedness of the 
Fund under credit arrangements in existence at the date of the 
termination or expiration of the Decision until repayment is 
completed. If a participant withdraws its adherence to this 
Decision in accordance with Paragraph 16 or Paragraph 19(b), it 
shall cease to be a participant under the Decision, but 
Paragraphs 8 through 14, 17 and 18(b) of the Decision as of the 
date of the withdrawal shall nevertheless continue to apply to 
any indebtedness of the Fund under the former credit 
arrangement until repayment has been completed.

Paragraph 20. Interpretation

    Any question of interpretation raised in connection with 
this Decision which does not fall within the purview of Article 
XXIX of the Articles shall be settled to the mutual 
satisfaction of the Fund, the participant raising the question, 
and all other participants. For the purpose of this Paragraph 
20 participants shall be deemed to include those former 
participants to which Paragraphs 8 through 14, 17 and 18(b) 
continue to apply pursuant to Paragraph 19(c) to the extent 
that any such former participant is affected by a question of 
interpretation that is raised.

Paragraph 21. Use of Credit Arrangements for Nonparticipants

    (a) The Fund may make calls in accordance with Paragraphs 6 
and 7 for exchange transactions requested by members that are 
not participants if the exchange transactions are (i) 
transactions in the upper credit tranches, (ii) transactions 
under stand-by arrangements, (iii) transactions under extended 
arrangements, or (iv) transactions in the first credit trance 
in conjunction with a stand-by or an extended arrangement. All 
the provisions of this Decision relating to calls shall apply, 
except as otherwise provided in Paragraph 21(b).
    (b) The Managing Director may initiate the procedure for 
making calls under Paragraph 7 in connection with requests 
referred to in Paragraph 21(a) if, after consultation, he 
considers that the Fund faces an inadequacy of resources to 
meet actual and expected requests for financing that reflect 
the existence of an exceptional situation associated with 
balance of payments problems of members of a character or 
aggregate size that could threaten the stability of the 
international monetary system. In making proposals for calls 
pursuant to Paragraph 21(a) and (b), the Managing Director 
shall pay due regard to potential calls pursuant to other 
provisions of this Decision.

Paragraph 22. Participation of the Swiss National Bank  [Abrogated--
        1992] \3\

Paragraph 23. Associated Borrowing Arrangements

    (a) A borrowing arrangement between the Fund and a member 
that is not a participant, or an official institution of such a 
member, under which the member or the official institution 
undertakes to make loans to the Fund for the same purposes as, 
and on terms comparable to, those made by participants under 
this Decision, may, with the concurrence of all participants, 
authorize the Fund to make calls on participants in accordance 
with Paragraphs 6 and 7 for exchange transactions with that 
member, or to make requests under Paragraph 11(e) in connection 
with an early repayment of a claim under the borrowing 
arrangement, or both. For the purposes of this Decision such 
calls or requests shall be treated as if they were calls or 
requests in respect of a participant.
---------------------------------------------------------------------------
    \3\ Decision No. 10175-(92/129) of October 28, 1992, abrogated 
para. 22. Para. 22 formerly read as follows:
    ``(a) Notwithstanding any other provision of this Decision, the 
Swiss National Bank (hereinafter called the Bank) may become a 
participant by adhering to this Decision in accordance with Paragraph 
3(c) and accepting, by its adherence, a credit arrangement in an amount 
equivalent to one thousand and twenty million special drawing rights. 
Upon adherence, the Bank shall be deemed to be a participating 
institution, and all the provisions of this Decision relating to 
participating institutions shall apply in respect of the Bank, subject 
to, and as supplemented by, Paragraph 22(b),(c),(d),(e), and (f).
    ``(b) Under its credit arrangement, the Bank undertakes to lend any 
currency, specified by the Managing Director after consultation with 
the Bank at the time of a call, that the Fund has determined to be a 
freely usable currency pursuant to Article XXX(f) of the Articles.
    ``(c) In relation to the Bank, the references to the balance of 
payments and reserve position in Paragraph 7(b) and (d), and Paragraph 
11(e), shall be understood to refer to the position of the Swiss 
Confederation.
    ``(d) In relation to the Bank, the references to a participant's 
currency in Paragraph 9(c), Paragraph 11(a) and (b), and Paragraph 
18(b) shall be understood to refer to any currency, specified by the 
Managing Director after consultation with the Bank at the time of 
payment by the Fund, that the Fund has determined to be a freely usable 
currency pursuant to Article XXX(f) of the Articles.
    ``(e) Payment of special drawing rights to the Bank pursuant to 
Paragraph 9(c) and Paragraph 11 shall be made only while the Bank is a 
prescribed holder pursuant to Article XVII of the Articles.
    ``(f) The Bank shall accept as binding a decision of the Fund on 
any question of interpretation raised in connection with this Decision 
which falls within the purview of Article XXIX of the Articles, to the 
same extent as that decision is binding on other participants.''.
---------------------------------------------------------------------------
    (b) Nothing in this Decision shall preclude the Fund from 
entering into any other types of borrowing arrangements, 
including an arrangement between the Fund and a lender, 
involving an association with participants, that does not 
contain the authorizations referred to in Paragraph 23(a).

                                 Annex

             Participants and Amounts of Credit Arrangements
------------------------------------------------------------------------
                                                        Amount in Units
                                                        of Participant's
                                                            Currency
------------------------------------------------------------------------
I. Prior to the Effective Date of Decision No. 7337-
 (83/37)
 1. United States of America (US$)...................      2,000,000,000
 2. Deutsche Bundesbank (DM).........................      4,000,000,000
 3. United Kingdom ()....................        357,142,857
 4. France (F).......................................      2,715,381,428
 5. Italy (Lit)......................................    343,750,000,000
 6. Japan (Yen)......................................    340,000,000,000
 7. Canada (Can$)....................................        216,216,000
 8. Netherlands (f.).................................        724,000,000
 9. Belgium (BF).....................................      7,500,000,000
10. Sveriges Riksbank (SKr)..........................        517,320,000
------------------------------------------------------------------------


 
------------------------------------------------------------------------
                                                       Amount in Special
                                                         Drawing Rights
------------------------------------------------------------------------
II. From the Effective Date of Decision No. 7337-(83/
 37)
 1. United States of America.........................      4,250,000,000
 2. Deutsche Bundesbank..............................      2,380,000,000
 3. Japan............................................      2,125,000,000
 4. France...........................................      1,700,000,000
 5. United Kingdom...................................      1,700,000,000
 6. Italy............................................      1,105,000,000
 7. Canada...........................................        892,500,000
 8. Netherlands......................................        850,000,000
 9. Belgium..........................................        595,000,000
10. Sveriges Riksbank................................        382,500,000
11. Swiss National Bank *............................        1,020,000,0
                                                      ------------------
                                                          17,000,000,000
------------------------------------------------------------------------
* With effect from the date on which the Swiss National Bank adheres to
  this Decision in accordance with Paragraph 22.

  (4) Borrowing Arrangement with Saudi Arabia in Association with the 
                     General Arrangements to Borrow

    Pursuant to Article VII, Section 1 of the Articles of 
Agreement, the Managing Director is authorized to send to the 
Minister of Finance of Saudi Arabia a letter proposing a 
borrowing agreement with Saudi Arabia, as set forth in the 
attachment. When a reply is received from the Minister 
accepting the proposal, the Managing Director's letter and the 
reply shall constitute an agreement between Saudi Arabia and 
the Fund, which shall enter into force on the date on which the 
revised and enlarged General Arrangements to Borrow authorized 
by Decision No. 7337-(83/37) become effective.
                                              Decision No. 7403-(83/73)
                                                           May 20, 1983

                               attachment

    Your Excellency: I refer to Decision No. 7337-(83/87) of 
the Executive Board of the International Monetary Fund (the 
Fund), providing for a revision and enlargement of the General 
Arrangements to Borrow (the GAB), and to the desire of Saudi 
Arabia to strength the Fund by providing supplementary 
resources, in association with and for the same purposes as the 
GAB. Accordingly, pursuant to Article VII of the Articles of 
Agreement of the Fund (the Articles) and Executive Board 
Decision No. 7403-(83/73), adopted May 20, 1983, I have been 
authorized to propose on behalf of the Fund that Saudi Arabia 
enter into an Agreement with the Fund as set forth below:

Paragraph 1. The Credit Arrangement

    During the period specified in Paragraph 2 and any renewal 
thereof, Saudi Arabia will stand ready to lend Saudi riyals to 
the Fund up to a maximum amount equivalent to one thousand five 
hundred million SDRs (SDR 1,500,000,000), on the terms and 
conditions set forth in this Agreement, to assist the Fund in 
the financing of purchases by members for the same purposes and 
in the same circumstances as are prescribed in the GAB. This 
amount may be changed by agreement between Saudi Arabia and the 
Fund.

Paragraph 2. Period of Credit Arrangement and Renewal

    (a) Amounts of resources may be called by the Fund 
hereunder during a period of five years from the date this 
Agreement enters into force, unless the Fund's right to make 
calls is terminated earlier in accordance with this Agreement.
    (b) When a renewal of the GAB Decision is under 
consideration, the Fund and Saudi Arabia shall consult 
regarding the renewal of the credit arrangement under this 
Agreement or the conclusion of such other credit arrangement as 
may be found appropriate at that time.
    (c) Notwithstanding the termination of the credit 
arrangement under this Agreement, the provisions of Paragraphs 
4 through 13 shall continue to apply until all the obligations 
of the Fund under this Agreement have been discharged.

Paragraph 3. Calls

    (a) Calls may be made only pursuant to a proposal of the 
Managing Director that has become effective in accordance with 
(d) below.
    (b) The Managing Director may make a proposal for calls for 
purchases, including future calls for purchases under stand-by 
or extended arrangements, (i) if he considers that a proposal 
for calls or future calls for the same purchases could be made 
under the GAB and (ii) after consultation with Saudi Arabia at 
the same time and in the same manner as he consults GAB 
participants.
    (c) In deciding whether to make a proposal and the amount 
to be called thereunder, the Managing Director shall take into 
account the present and prospective balance of payments and 
reserve position of Saudi Arabia and the Fund's holdings of 
Saudi riyals.
    (d) A proposal for calls shall become effective only when 
Saudi Arabia has notified the Fund that it accepts the proposal 
and the proposal has been approved by the Executive Board of 
the Fund. Calls shall be made as and when amounts of Saudi 
riyals are needed by the Fund to finance purchases covered by 
the proposal.
    (e) When the Fund makes a call, Saudi Arabia shall transfer 
to the account of the Fund, free of any charge or commission, 
an amount of Saudi Riyals equivalent to the amount of the call. 
The transfer shall be made on the date specified in the call. 
Saudi Arabia shall exchange the riyals for a freely usable 
currency of its choice in accordance with Article V, Section 3 
of the Articles.
    (f) If Saudi Arabia represents to the Fund that, in view of 
the present and prospective balance of payments and reserve 
position of Saudi Arabia, future calls under a proposal that 
has become effective as provided in (d) above should no longer 
be made or be made for a smaller amount and the Fund, after 
giving the overwhelming benefit of any doubt to the 
representation, determines that it is justified, the Fund shall 
comply with Saudi Arabia's representation.

Paragraph 4. Evidence of Indebtedness

    The Fund shall issue to Saudi Arabia, at its request, a 
nonnegotiable instrument or instruments in a form to be agreed 
with Saudi Arabia, evidencing the Fund's outstanding 
indebtedness to Saudi Arabia under this agreement. Upon 
repayment of an amount of indebtedness evidenced by an 
instrument and all accrued interest thereon, the instrument 
shall be returned to the Fund for cancellation, and if any 
balance of the indebtedness remains outstanding, the Fund shall 
issue a new instrument for the remainder of the amount, with 
the same maturity date.

Paragraph 5. Interest

    (a) The Fund shall pay interest on its outstanding 
indebtedness at a rate equal to the combined market interest 
rate computed by the Fund from time to time under its Rules and 
Regulations for the purpose of determining the rate at which it 
pays interest on holdings of SDRs. If the Fund changes the 
method of computing the combined market interest rate, the new 
method will apply to amounts borrowed hereunder only if it is 
applied to borrowing by the Fund under the GAB, and Saudi 
Arabia agrees.
    (b) Interest shall accrue daily and shall be paid as soon 
as possible after each July 31, October 31, January 31, and 
April 30.

Paragraph 6. Repayment by the Fund

    (a) Subject to the other provisions of this Agreement, the 
Fund shall repay an amount equal to each amount transferred by 
Saudi Arabia hereunder five years after the date the transfer 
was made. To the extent the member whose purchase the amount 
was used to finance is committed to repurchase by installments 
on fixed dates falling earlier than five years after that date, 
the Fund shall repay the amount in corresponding installments 
on those fixed dates.
    (b) Whenever a reduction in the Fund's holdings of currency 
of a purchasing member is attributed to a purchase financed 
with an amount transferred by Saudi Arabia hereunder, the Fund 
shall promptly make a corresponding repayment to Saudi Arabia. 
If the amount was used to finance a reserve tranche purchase, 
and the Fund's holdings of the purchasing member's currency not 
subject to repurchase are reduced as a result of net sales of 
the currency during a quarterly period covered by an 
operational budget, the Fund shall make a corresponding 
repayment to Saudi Arabia at the beginning of the next 
quarterly period. The amount repaid under this subparagraph (b) 
shall bear the same proportion to the amount of the reduction 
as the amount transferred under this Agreement bears to the 
amount of the purchase.
    (c) Before the date repayment is due under (a) or (b) 
above, the Fund, after consultation with Saudi Arabia, may 
repay all or part of its outstanding indebtedness hereunder.
    (d) If Saudi Arabia represents to the Fund that it has a 
balance of payments need for repayment before the due date of 
all or part of such outstanding indebtedness and requests such 
repayment, and the Fund after giving Saudi Arabia's 
representation the overwhelming benefit of any doubt determines 
that there is such a need, the Fund shall make early repayment 
as requested by Saudi Arabia's representation the overwhelming 
benefit of any doubt determines that there is such a need, the 
Fund shall make early repayment as requested by Saudi Arabia.
    (e) Amounts repaid under (c) and (d) shall be credited 
against outstanding indebtedness in the order in which such 
indebtedness would fall due under (a) above.
    (f) The Fund shall at no time reduce its holdings of the 
currency of a member whose purchases were financed by borrowing 
hereunder below an amount equal to the outstanding amount of 
such borrowing plus any outstanding amount borrowed under the 
GAB to finance purchases by the same member.
    (g) When any repayment is made to Saudi Arabia, the amount 
that the Fund may call for under the credit arrangement shall 
be restored pro tanto.

Paragraph 7. Media of Payment

    (a) Payments of interest and repayments of principal shall 
be made, as determined by the Fund after consultation with 
Saudi Arabia, in Saudi riyals, in SDRs, or in currencies that 
are actually convertible; provided that (i) unless Saudi Arabia 
agrees, SDRs shall not be used in early repayment under 
Paragraph 6(c) if the effect would be to increase Saudi 
Arabia's holdings of SDRs above the limit specified in Article 
XIX, Section 4 of the Articles, and (ii) Saudi riyals shall not 
be used in early repayment on balance of payments grounds under 
Paragraph 6(d).
    (b) Currencies other than Saudi riyals to be used in 
payment of interest and repayment of principal shall be 
selected by the Fund from those that can be used in net sales 
under the operational budget of the Fund in effect at the time 
the payment is made.

Paragraph 8. Rates of Exchange

    All amounts under this Agreement shall be denominated in 
SDRs, as valued by the Fund from time to time. The value in 
terms of SDRs of Saudi riyals to be transferred by Saudi Arabia 
to the Fund and of payments to be made by the Fund to Saudi 
Arabia in currencies shall be determined in accordance with 
Rule O-2 of the Rules and Regulations of the Fund.

Paragraph 9. Transferability

    Saudi Arabia may transfer all or part of its claims under 
this Agreement only with the prior consent of the Fund and on 
such terms and conditions as the Fund may approve.

Paragraph 10. Withdrawal from Membership

    If Saudi Arabia withdraws from membership in the Fund, no 
further calls shall be made hereunder. The Fund's outstanding 
indebtedness hereunder shall be treated as an amount due from 
the Fund for the purpose of Article XXVI, Section 3, and 
Schedule J of the Articles.

Paragraph 11. Suspension of Exchange Transactions and Liquidation

    (a) The right of the Fund to make calls and its obligation 
to make repayment hereunder shall be suspended during any 
suspension of exchange transactions under Article XXVII of the 
Articles.
    (b) In the event of liquidation of the Fund, no further 
calls shall be made by the Fund hereunder. The Fund's 
outstanding indebtedness shall constitute a liability under 
Schedule K of the Articles. For the purpose of Paragraph 1(a) 
of Schedule K, the currency in which each amount of the Fund's 
indebtedness is payable shall be first Saudi riyals and then 
any currency that is actually convertible.

Paragraph 12. Amendments

    (a) This Agreement may be amended at any time, by agreement 
between Saudi Arabia and the Fund.
    (b) If the revised and enlarged GAB is modified while this 
Agreement is in effect, Saudi Arabia and the Fund will consult 
with each other with a view to determining whether 
consequential modifications should be made in the provisions of 
this Agreement.
    (c) If, after consultation with the Fund and the GAB 
participants, Saudi Arabia proposes that the credit arrangement 
under this Agreement be converted into or replaced by an 
arrangement of the type referred to in Paragraph 23(a) or 
Paragraph 3(b) of the revised GAB Decision, as the case may be, 
the Fund will consider the steps to be taken, subject to the 
concurrence of the GAB participants as necessary, to effect 
such conversion or replacement.

Paragraph 13. Interpretation; Settlement of Disputes

    Any question of interpretation arising in connection with 
this Agreement that does not fall within the purview of Article 
XXIX of the Articles, and any dispute arising hereunder, shall 
be settled to the mutual satisfaction of Saudi Arabia and the 
Fund.
    If the foregoing proposal is acceptable to Saudi Arabia, 
this communication and your reply indicating Saudi Arabia's 
acceptance shall constitute an Agreement between Saudi Arabia 
and the Fund, which shall enter into force on the date on which 
the revised and enlarged GAB authorized by Decision No. 7337-
(83/37) of the Executive Board of the Fund becomes effective.
          Very truly yours,
                                                    J. de Larosiere
                     c. New Arrangements to Borrow

 (1) Decision of the Executive Directors of the International Monetary 
                                  Fund

Decision No. 11428-(97/6), January 27, 1997; amended by Executive Board 
Decision No. 12880-(02/113); and by Executive Board Decision No. 12881-
                      (02/113), November 12, 2002

Preamble

    In order to enable the International Monetary Fund to 
fulfill more effectively its role in the international monetary 
system, a number of countries with the financial capacity to 
support the international monetary system have agreed to make 
available to the Fund resources in the form of loans up to 
specified amounts when supplementary resources are needed to 
forestall or cope with an impairment of the international 
monetary system or to deal with an exceptional situation that 
poses a threat to the stability of that system. In order to 
give effect to these intentions, the following terms and 
conditions are adopted under Article VII, Section 1 of the 
Articles of Agreement.

Paragraph 1. Definitions

    (a) As used in this decision the term:
          (i) ``amount of a credit arrangement'' means the 
        maximum amount expressed in special drawing rights that 
        a participant undertakes to lend to the Fund under a 
        credit arrangement;
          (ii) ``Articles'' means the Articles of Agreement of 
        the International Monetary Fund;
          (iii) ``available commitment'' means a participant's 
        credit arrangement less any committed or drawn 
        balances;
          (iv) ``borrowed currency'' or ``currency borrowed'' 
        means currency transferred to the Fund's account under 
        a credit arrangement;
          (v) ``call'' means a notice by the Fund to a 
        participant to make a transfer under its credit 
        arrangement to the Fund's account;
          (vi) ``credit arrangement'' means an undertaking to 
        lend to the Fund on the terms and conditions of this 
        decision;
          (vii) ``currency actually convertible'' means 
        currency included in the Fund's quarterly operational 
        budget for transfers;
          (viii) ``drawer'' means a member that purchases 
        borrowed currency from the Fund in an exchange 
        transaction, including an exchange transaction under a 
        stand-by or extended arrangement;
          (ix) ``indebtedness'' of the Fund means the amount it 
        is committed to repay under a credit arrangement;
          (x) ``member'' means a member of the Fund;
          (xi) ``participant'' means a participating member or 
        a participating institution;
          (xii) ``participating institution'' means an official 
        institution of a member that has entered into a credit 
        arrangement with the Fund with the consent of the 
        member, or an official institution of a nonmember that 
        has entered into a credit arrangement with the Fund;
          (xiii) ``participating member'' means a member that 
        has entered into a credit arrangement with the Fund.
    (b) For the purposes of this decision, the Hong Kong 
Monetary Authority (HKMA) shall be regarded as an official 
institution of the member whose territories include Hong Kong, 
provided that:
          (i) loans by the HKMA and payments by the Fund to the 
        HKMA under this decision shall be made in principle in 
        the currency of the United States of America, unless 
        the currency of another member is agreed between the 
        Fund and the HKMA;
          (ii) the participation of the HKMA shall not give 
        rise to the application of paragraph 6 A to the member 
        whose territories include Hong Kong; and
          (iii) the references to the balance of payments and 
        reserve position in paragraphs 7 A(c), 7 B(b) and 11(e) 
        shall be understood to refer to the balance of payments 
        and reserve position of Hong Kong.

Paragraph 2. Credit Arrangements

    (a) A member or institution that adheres to this decision 
undertakes to make loans to the Fund on the terms and 
conditions of this decision up to the amount in special drawing 
rights set forth in the Annex to this decision or established 
in accordance with paragraph 3(b).
    (b) Unless otherwise agreed with the Fund, loans under this 
decision shall be made in the currency of the participant. If 
the participant is an institution of a nonmember, the Fund and 
the participant shall agree on which member's currency or 
members' currencies shall be used for the loans. Agreements 
under this paragraph shall be subject to the concurrence of any 
member whose currency shall be used in the loans.

Paragraph 3. Adherence

    (a) Any member or institution specified in the Annex may 
adhere to this decision in accordance with paragraph 3(c).
    (b) Any member or institution not specified in the Annex, 
including an institution of a nonmember, may apply to become a 
participant at the time of renewal of this decision in 
accordance with paragraph 19. Any such member or institution 
that wishes to become a participant shall, after consultation 
with the Fund, give notice of its willingness to adhere to this 
decision, and, if the Fund and participants representing 80 
percent of total credit arrangements under the renewed decision 
shall so agree, the member or institution may adhere in 
accordance with paragraph 3(c). When giving notice of its 
willingness to adhere under this paragraph 3(b), a member or 
institution shall specify the amount, expressed in special 
drawing rights, of the credit arrangement which it is willing 
to enter into, provided that the amount shall not be less than 
the credit arrangement of the participant with the smallest 
credit arrangement. The admission of a new participant shall 
lead to a proportional reduction in the credit arrangements of 
all existing participants whose credit arrangements are above 
that of the participant with the smallest credit arrangement: 
such proportional reduction in the credit arrangements of 
participants shall be in an aggregate amount equal to the 
amount of the new participant's credit arrangement less any 
increase in total credit arrangements decided in accordance 
with paragraph 5(a), provided that no participant's credit 
arrangement shall be reduced below the minimum amount set out 
in the Annex.
    (c) A member or institution shall adhere to this decision 
by depositing with the Fund an instrument setting forth that it 
has adhered in accordance with its law and has taken all steps 
necessary to enable it to carry out the terms and conditions of 
this decision. On the deposit of the instrument the member or 
institution shall be a participant as of the date of the 
deposit or of the effective date of this decision, whichever is 
later.

Paragraph 4. Entry into Force

    This decision shall become effective when it has been 
adhered to by members or institutions included in the Annex 
with credit arrangements amounting to not less than SDR 28.9 
billion, including the five members or institutions with the 
largest credit arrangements specified in the Annex.

Paragraph 5. Changes in Amounts of Credit Arrangements

    (a) When a member or institution is authorized under 
paragraph 3(b) to adhere to this decision, the total amount of 
credit arrangements may be increased by the Fund with the 
agreement of participants representing 85 percent of total 
credit arrangements; the increase shall not exceed the amount 
of the new participant's credit arrangement.
    (b) The amounts of participants' individual credit 
arrangements may be reviewed from time to time in the light of 
developing circumstances and changed with the agreement of the 
Fund and of participants representing 85 percent of total 
credit arrangements, including each participant whose credit 
arrangement is changed. This provision may be amended only with 
the consent of all participants.

Paragraph 6. Initiation of Procedure

A. Participants

    When a participating member or a member whose institution 
is a participant approaches the Fund on an exchange transaction 
or a stand-by or extended arrangement and the Managing 
Director, after consultation, considers that the exchange 
transaction or stand-by or extended arrangement is necessary in 
order to forestall or cope with an impairment of the 
international monetary system, and that the Fund's resources 
need to be supplemented for this purpose, the Managing Director 
may initiate the procedure set out in paragraph 7A.

B. Nonparticipants

    The Managing Director may initiate the procedure set out in 
paragraph 7A for exchange transactions requested by members 
that are not participants if (a), the exchange transactions are 
(i) transactions in the upper credit tranches, (ii) 
transactions under stand-by arrangements extending beyond the 
first credit tranche, (iii) transactions under extended 
arrangements, or (iv) transactions in the first credit tranche 
in conjunction with a stand-by arrangement or an extended 
arrangement, and (b), after consultation, the Managing Director 
considers that the Fund's resources need to be supplemented to 
meet actual and expected requests for financing that reflect 
the existence of an exceptional situation associated with 
balance of payments problems of members of a character or 
aggregate size that could threaten the stability of the 
international monetary system. In making proposals for calls 
pursuant to paragraph 6B, the Managing Director shall pay due 
regard to potential calls pursuant to paragraph 6A.

Paragraph 7. Proposals and Calls

A. Proposals

    (a) The Managing Director shall make a proposal for calls 
under this decision only after consultation with Executive 
Directors and participants.
    (b) In making a proposal for resources to be lent to the 
Fund, the Managing Director shall identify the prospective 
drawer, the amount, and the period during which the resources 
requested in the proposal may be called.
    (c) If a participant determines that it will not be able to 
meet calls under a proposal because of its present and 
prospective balance of payments and reserve position, which 
would normally be reflected in the member's exclusion from the 
list of countries that are included in the Fund's quarterly 
operational budget for transfers of their currencies, it shall 
so notify the Fund and the other participants. If the 
participant is an institution of a nonmember, the participant 
shall consult with the Fund on that nonmember's balance of 
payments and reserve position before making a determination 
under this provision. A participant shall exercise restraint 
and shall take into account the views of the Fund and other 
participants in making such a determination.
    (d) Unless otherwise specified under paragraph 7A(e), a 
proposal shall be for calls proportional to the amount of each 
participant's credit arrangement.
    (e) The Managing Director may make a proposal for calls 
that are not proportional to the amount of each participant's 
credit arrangement under the following circumstances:
          (i) If proportional calls sufficient to provide the 
        total amount sought from participants to finance the 
        proposed exchange transactions cannot be made because 
        at least one participant's available commitment is 
        insufficient to meet such a proportional call, the 
        Managing Director may ask every participant whose 
        available commitment would have been sufficient to meet 
        fully such a proportional call to provide the amount 
        under such a proportional call; provided that, if the 
        Managing Director asks every such participant to 
        provide such amount, the Managing Director shall also 
        ask every participant whose available commitment would 
        have been insufficient to meet such a proportional call 
        to provide an amount to the extent of its available 
        commitment. If necessary, the Managing Director may 
        also ask for an amount in addition to that provided 
        under the prior sentence from a participant whose 
        available commitment exceeds the amount it would 
        provide under such a proportional call.
          (ii) If proportional calls sufficient to provide the 
        total amount sought from participants to finance the 
        proposed exchange transactions cannot be made because 
        at least one participant lacks sufficient amounts of 
        the type of currency or currencies needed for the 
        proposed exchange transactions, the Managing Director 
        may ask every participant that is in a position to 
        provide the currency or currencies needed to provide 
        the amount under such a proportional call, up to the 
        amount of its available commitment or the amount that 
        it is in a position to provide, whichever is less. If 
        necessary, the Managing Director may also ask a 
        participant whose available commitment exceeds the 
        resources it would provide under such a proportional 
        call and that remains in a position to provide the type 
        of currency or currencies needed to provide an amount 
        of the currency or currencies needed in addition to 
        that provided under the prior sentence.
    (f) The concurrence of every participant that would 
undertake to provide proportionately more resources than at 
least one other participant shall be required before the 
proposal can be accepted under Paragraph 7A(g).
    (g) If there is not unanimity among the participants, the 
question whether the participants are prepared to facilitate, 
by making loans to the Fund, the exchange transactions or 
stand-by or extended arrangement specified in the proposal will 
be decided by a poll of the participants. A favorable decision 
shall require an 80 percent majority of total credit 
arrangements of participants eligible to vote. The decision 
shall be notified to the Fund.
    (h) Neither the prospective drawer nor its participating 
institution nor participants that have notified that they will 
not meet calls under a proposal shall be eligible to vote on 
the proposal.
    (i) A proposal shall become effective only if it is 
accepted by participants pursuant to paragraph 7A(g) and is 
then approved by the Executive Board.
    (j) After a proposal has been accepted, commitments and 
drawings shall not be affected by a subsequent change in the 
amounts of the credit arrangements.

B. Calls

    (a) Unless otherwise provided in a proposal for future 
calls approved under paragraph 7A, each call shall be made in 
proportion to the amounts in the proposal.
    (b) Except with the participant's consent, calls may not be 
made on a participant, on which calls could otherwise be made 
pursuant to this paragraph, when, based on its present and 
prospective balance of payments and reserve position, the 
member is not included and is not being proposed by the 
Managing Director to be included in the list of countries in 
the quarterly operational budget for transfers of its currency. 
If the participant is an institution of a nonmember, its 
ability to meet calls under this decision shall be determined 
by the Fund, after consultation with the participant, on the 
basis of that nonmember's present and prospective balance of 
payments and reserve position. In the event that a call is not 
made on a participant, the Managing Director may propose to the 
other participants that substitute amounts be made available 
under their credit arrangements, and this proposal shall be 
subject to the procedure of paragraph 7A.
    (c) When the Fund makes a call pursuant to this paragraph, 
the participant shall promptly make the transfer in accordance 
with the call.

Paragraph 8. Evidence of Indebtedness

    (a) The Fund shall issue to a participant, on its request, 
nonnegotiable instruments evidencing the Fund's indebtedness to 
the participant. The form of the instruments shall be agreed 
between the Fund and the participant.
    (b) Upon repayment of the amount of any instrument issued 
under paragraph 8(a) and all accrued interest, the instrument 
shall be returned to the Fund for cancellation. If less than 
the amount of any such instrument is repaid, the instrument 
shall be returned to the Fund and a new instrument for the 
remainder of the amount shall be substituted with the same 
maturity date as in the old instrument.

Paragraph 9. Interest

    (a) The Fund shall pay interest on its indebtedness under 
this decision at a rate equal to the combined market interest 
rate computed by the Fund from time to time for the purpose of 
determining the rate at which it pays interest on holdings of 
special drawing rights or any such higher rate as may be agreed 
between the Fund and participants representing 80 percent of 
the total credit arrangements.
    (b) A change in the method of calculating the combined 
market interest rate shall apply to the Fund's indebtedness 
under this decision only if the Fund and participants 
representing 80 percent of the total credit arrangements so 
agree; provided that, if a participant so requests at the time 
this agreement is reached, the change shall not apply to the 
Fund's indebtedness to that participant outstanding at the date 
the change becomes effective.
    (c) Interest shall accrue daily and shall be paid as soon 
as possible after each July 31, October 31, January 31, and 
April 30.
    (d) Interest due to a participant shall be paid, as 
determined by the Fund in consultation with the participant, in 
special drawing rights, in the participant's currency, in the 
currency borrowed, or in other currencies that are actually 
convertible.

Paragraph 10. Use of Borrowed Currency

    The Fund's policies and practices under Article V, Sections 
3 and 7 on the use of its general resources and stand-by 
arrangements and extended arrangements, including those 
relating to the period of use, shall apply to purchases of 
currency borrowed by the Fund. Nothing in this decision shall 
affect the authority of the Fund with respect to requests for 
the use of its resources by individual members, and access to 
these resources by members shall be determined by the Fund's 
policies and practices, and shall not depend on whether the 
Fund can borrow under this decision.

Paragraph 11. Repayment by the Fund

    (a) Subject to the other provisions of this paragraph 11, 
the Fund, five years after a transfer by a participant, shall 
repay the participant an amount equivalent to the transfer 
calculated in accordance with paragraph 12. If the drawer for 
whose purchase participants make transfers is committed to 
repurchase at a fixed date earlier than five years after its 
purchase, the Fund shall repay the participants at that date. 
Repayment under this paragraph 11(a) or under paragraph 11(c) 
shall be, as determined by the Fund, in the currency borrowed 
whenever feasible, in the currency of the participant, in 
special drawing rights in an amount that does not increase the 
participant's holdings of special drawing rights above the 
limit under Article XIX, Section 4, of the Articles of 
Agreement unless the participant agrees to accept special 
drawing rights above that limit in such repayment, or, after 
consultation with the participant, in other currencies that are 
actually convertible. Repayments to a participant under 
paragraph 11(b) and 11(e) shall be credited against transfers 
by the participant for a drawer's purchases in the order in 
which repayment must be made under this paragraph 11(a).
    (b) Before the date prescribed in paragraph 11(a), the 
Fund, after consultation with the participants, may make 
repayment in part or in full to one or several participants. 
The Fund shall have the option to make repayment under this 
paragraph 11(b) in the participant's currency, in the currency 
borrowed, in special drawing rights in an amount that does not 
increase the participant's holdings of special drawing rights 
above the limit under Article XIX, Section 4, of the Articles 
of Agreement unless the participant agrees to accept special 
drawing rights above that limit in such repayment, or, with the 
agreement of the participant, in other currencies that are 
actually convertible.
    (c) Whenever a reduction in the Fund's holdings of a 
drawer's currency is attributed to a purchase of currency 
borrowed under this decision, the Fund shall promptly repay an 
equivalent amount. If the Fund is indebted to a participant as 
a result of transfers to finance a reserve tranche purchase by 
a drawer and the Fund's holdings of the drawer's currency that 
are not subject to repurchase are reduced as a result of net 
sales of that currency during a quarterly period covered by an 
operational budget, the Fund shall repay at the beginning of 
the next quarterly period an amount equivalent to that 
reduction, up to the amount of the indebtedness to the 
participant.
    (d) Repayment under paragraph 11(c) shall be made in 
proportion to the Fund's indebtedness to the participants that 
made transfers in respect of which repayment is being made.
    (e) Before the date prescribed in paragraph 11(a), a 
participant may give notice representing that there is a 
balance of payments need for repayment of part or all of the 
Fund's indebtedness and requesting such repayment. If a 
reversal of its loan may lead to further loans to the Fund by 
other participants, the participant seeking such reversal shall 
consult with the Managing Director and with the other 
participants before giving notice. The Fund shall give the 
overwhelming benefit of any doubt to the participant's 
representation. Repayment shall be made after consultation with 
the participant in the currencies of other members that are 
actually convertible, or in special drawing rights, as 
determined by the Fund. If the Fund's holdings of currencies in 
which repayment should be made are not wholly adequate, 
individual participants may be requested to provide the 
necessary balance under their credit arrangements subject to 
the limit of their available commitments. For all of the 
purposes of this paragraph 11, transfers under this paragraph 
11(e) shall be deemed to have been made at the same time and 
for the same purchases as the transfers by the participant 
obtaining repayment under this paragraph 11(e).
    (f) When a repayment is made to a participant, the amount 
that can be called for under its credit arrangement in 
accordance with this decision shall be restored pro tanto.
    (g) The Fund shall be deemed to have discharged its 
obligations to a participating institution to make repayment in 
accordance with the provisions of this paragraph or to pay 
interest in accordance with the provisions of paragraph 9 if 
the Fund transfers an equivalent amount in special drawing 
rights to the member in which the institution is established.

Paragraph 12. Rates of Exchange

    (a) The value of any transfer shall be calculated as of the 
date of the dispatch of the instructions for the transfer. The 
calculation shall be made in terms of the special drawing right 
in accordance with Article XIX, Section 7(a) of the Articles, 
and the Fund shall be obliged to repay an equivalent value.
    (b) For all of the purposes of this decision, the value of 
a currency in terms of the special drawing right shall be 
calculated by the Fund in accordance with Rule O-2 of the 
Fund's Rules and Regulations.

Paragraph 13. Transferability

    A participant may not transfer all or part of its claim to 
repayment under a credit arrangement except with the prior 
consent of the Fund and on such terms and conditions as the 
Fund may approve.

Paragraph 14. Notices

    Notice to or by a participating member under this decision 
shall be in writing or by rapid means of communication and 
shall be given to or by the fiscal agency of the participating 
member designated in accordance with Article V, Section 1 of 
the Articles and Rule G-1 of the Rules and Regulations of the 
Fund. Notice to or by a participating institution shall be in 
writing or by rapid means of communication and shall be given 
to or by the participating institution.

Paragraph 15. Amendment

    (a) Except as provided in paragraphs 5(b), 15(b) and 16, 
this decision may be amended during the period prescribed in 
paragraph 19(a) and any subsequent renewal periods that may be 
decided pursuant to paragraph 19(b) only by a decision of the 
Fund and with the concurrence of participants representing 85 
percent of total credit arrangements. Such concurrence shall 
not be necessary for the modification of the decision on its 
renewal pursuant to paragraph 19(b).
    (b) If in its view an amendment materially affects the 
interest of a participant that voted against the amendment, the 
participant shall have the right to withdraw its adherence to 
this decision by giving notice to the Fund and the other 
participants within 90 days from the date the amendment was 
adopted. This provision may be amended only with the consent of 
all participants.

Paragraph 16. Withdrawal of Adherence

    Without prejudice to paragraph 15(b), a participant may 
withdraw its adherence to this decision in accordance with 
paragraph 19(b) but may not withdraw within the period 
prescribed in paragraph 19(a) except with the agreement of the 
Fund and all participants. This provision may be amended only 
with the consent of all participants.

Paragraph 17. Withdrawal from Membership

    If a participating member or a member whose institution is 
a participant withdraws from membership in the Fund, the 
participant's credit arrangement shall cease at the same time 
as the withdrawal takes effect. The Fund's indebtedness under 
the credit arrangement shall be treated as an amount due from 
the Fund for the purpose of Article XXVI, Section 3, and 
Schedule J of the Articles.

Paragraph 18. Suspension of Exchange Transactions and Liquidation

    (a) The right of the Fund to make calls under paragraph 7 
and the obligation to make repayments under paragraph 11 shall 
be suspended during any suspension of exchange transactions 
under Article XXVII of the Articles.
    (b) In the event of liquidation of the Fund, credit 
arrangements shall cease and the Fund's indebtedness shall 
constitute liabilities under Schedule K of the Articles. For 
the purpose of paragraph 1(a) of Schedule K, the currency in 
which the liability of the Fund shall be payable shall be first 
the currency borrowed, then the participant's currency and 
finally the currency of the drawer for whose purchases 
transfers were made by the participants.

Paragraph 19. Period and Renewal

    (a) This decision shall continue in existence for five 
years from its effective date. When considering a renewal of 
this decision for the period following the five-year period 
referred to in this paragraph 19(a), the Fund and the 
participants shall review the functioning of this decision and 
shall consult on any possible modifications.
    (b) This decision may be renewed for such period or periods 
and with such modifications, subject to paragraphs 5(b), 15(b) 
and 16, as the Fund may decide. The Fund shall adopt a decision 
on renewal and modification, if any, not later than twelve 
months before the end of the period prescribed in paragraph 
19(a). Any participant may advise the Fund not less than six 
months before the end of the period prescribed in paragraph 
19(a) that it will withdraw its adherence to the decision as 
renewed. In the absence of such notice, a participant shall be 
deemed to continue to adhere to the decision as renewed. 
Withdrawal of adherence in accordance with this paragraph 19(b) 
by a participant, whether or not included in the Annex, shall 
not preclude its subsequent adherence in accordance with 
paragraph 3(b).
    (c) If this decision is terminated or not renewed, 
paragraphs 8 through 14, 17 and 18(b) shall nevertheless 
continue to apply in connection with any indebtedness of the 
Fund under credit arrangements in existence at the date of the 
termination or expiration of the decision until repayment is 
completed. If a participant withdraws its adherence to this 
decision in accordance with paragraph 15(b), paragraph 16, or 
paragraph 19(b), it shall cease to be a participant under the 
decision, but paragraphs 8 through 14, 17 and 18(b) of the 
decision as of the date of the withdrawal shall nevertheless 
continue to apply to any indebtedness of the Fund under the 
former credit arrangement until repayment has been completed.

Paragraph 20. Interpretation

    Any question of interpretation raised in connection with 
this decision which does not fall within the purview of Article 
XXIX of the Articles shall be settled to the mutual 
satisfaction of the Fund, the participant raising the question, 
and all other participants. For the purpose of this paragraph 
20 participants shall be deemed to include those former 
participants to which paragraphs 8 through 14, 17 and 18(b) 
continue to apply pursuant to paragraph 19(c) to the extent 
that any such former participant is affected by a question of 
interpretation that is raised.

Paragraph 21. Relationship with the General Arrangements to Borrow and 
        Associated Borrowing Arrangements

    (a) When considering whether to activate the New 
Arrangements to Borrow or the General Arrangements to Borrow, 
the Fund shall be guided by the following principles: the New 
Arrangements to Borrow shall be the facility of first and 
principal recourse except that:
          (i) in the event of a request for a drawing on the 
        Fund by a participating member, or a member whose 
        institution is a participant, in both the General 
        Arrangements to Borrow and the New Arrangements to 
        Borrow, a proposal for calls may be made under either 
        of the arrangements; and
          (ii) in the event that a proposal for calls under the 
        New Arrangements to Borrow is not accepted under 
        paragraph 7A, a proposal for calls may be made under 
        the General Arrangements to Borrow.
    (b) Outstanding drawings and commitments under the New 
Arrangements to Borrow and the General Arrangements to Borrow 
shall not exceed SDR 34 billion, or such other amount of total 
credit arrangements as may be in effect in accordance with this 
decision. The available commitment of a participant under the 
New Arrangements to Borrow shall be reduced pro tanto by any 
outstanding drawings on, and commitments of, the participant 
under the General Arrangements to Borrow. The available 
commitment of a participant under the General Arrangements to 
Borrow shall be reduced pro tanto by the extent to which its 
credit arrangement under the General Arrangements to Borrow 
exceeds its available commitment under the New Arrangements to 
Borrow.
    (c) References to drawings and commitments under the 
General Arrangements to Borrow shall include drawings and 
commitments under the Associated Borrowing Arrangements 
referred to in paragraph 23 of the General Arrangements to 
Borrow.

Paragraph 22. Other Borrowing Arrangements

    Nothing in this decision shall preclude the Fund from 
entering into any other types of borrowing arrangements.

                                 Annex

             Participants and Amount of Credit Arrangements

    The size of each participant's credit arrangement listed 
below has initially been based in principle on its relative 
economic strength as reflected in its quota in the Fund. Credit 
arrangements are subject to a minimum of SDR 340 million. 
Amounts have been adjusted between some participants subject to 
the condition that the total for the participants involved in 
an adjustment does not change and the minimum is observed. The 
amounts, in terms of SDRs of the individual credit arrangements 
and their total will remain in effect unless and until changed 
in accordance with this decision.
    The size of the Hong Kong Monetary Authority's (HKMA) 
credit arrangement has not been calculated on the basis of the 
quota of the member whose territories include Hong Kong. The 
same principle explains the special provision on activation of 
the New Arrangements to Borrow to meet requests from such 
member.


 
------------------------------------------------------------------------
                                                              Amounts in
                                                             Millions of
                                                               Special
                                                               Drawing
                                                                Rights
------------------------------------------------------------------------
Australia..................................................          810
Austria....................................................          412
Belgium....................................................          967
Canada.....................................................         1396
Chile *....................................................          340
Denmark....................................................          371
Deutsche Bundesbank........................................         3557
Finland....................................................          340
France.....................................................         2577
Hong Kong Monetary Authority...............................          340
Italy......................................................         1772
Japan......................................................         3557
Korea......................................................          340
Kuwait.....................................................          345
Luxembourg.................................................          340
Malaysia...................................................          340
Netherlands................................................         1316
Norway.....................................................          383
Saudi Arabia...............................................         1780
Singapore..................................................          340
Spain......................................................          672
Sveriges Riksbank..........................................          859
Swiss National Bank........................................         1557
Thailand...................................................          340
United Kingdom of Great Britain and Northern Ireland.......         2577
United States of America...................................         6712
------------------------------------------------------------------------

    * The Fund agreed to Chile's request to adhere to the NAB decision. 
Adherence will become effective when participants representing 80 
percent of total credit arrangements under the NAB decision so agree 
(Decision No. 12881-(02/113), November 12, 2002).

                        attachment to sm/96/307

NAB Meetings

    In the course of establishing the new arrangements to 
borrow (NAB), understandings were reached on procedures and 
administrative arrangements for meetings of participants. These 
understandings are intended to complement, but do not supersede 
or modify, the provisions related to the activation of the new 
arrangements to borrow, as specified in the Fund decision.

Frequency, timing, subject matter, and level of representation

    Participants agreed that, in addition to any meetings 
needed for activation, renewal, or amendment of the NAB, it 
would be appropriate for participants to meet once a year at 
the time of the annual Fund/Bank meetings to discuss matters 
pertaining to the NAB. The objective of these meetings would be 
to review and discuss macroeconomic and financial markets 
developments, especially those that could have an impact on the 
stability of the financial system and lead to a possible need 
for the Fund to seek supplementary resources for the purposes 
set out in the preamble of the NAB. Participants would be 
represented by a minister or central bank governor or both. The 
principal representative could appoint deputies to meet in 
their stead. The level of the meeting (Ministerial or Deputy) 
would be determined each year in light of the issues at hand.

Chairmanship

    The Chairmanship of the NAB grouping would rotate annually 
in the English alphabetical order of the participants, as 
listed in the Annex to the decision, beginning with the first 
name on that list.\2\ The Chair would, in consultation with 
participants, be responsible for determining the agenda of the 
meeting, which will be devoted to the matters set out above. 
These consultations would also serve to determine the level of 
representation (Ministerial or Deputy) that would be most 
appropriate for the meeting in question.
---------------------------------------------------------------------------
    \2\ In the event that the Chair was unable to perform its 
functions, a substitute would be provided by the participant 
immediately above the Chair on the list of participants in the Annex, 
or, if that substitute were not available, by the participant 
immediately below the Chair in that list.
---------------------------------------------------------------------------

Support

    IMF headquarters staff would, under the direction of the 
Chair, provide secretariat support for the group. This would 
entail providing logistic support and maintaining an archive of 
documents concerning the deliberations and decisions taken 
under the new arrangements to borrow.
                     (2) Transferability of Claims

      Decision No. 11428-(97/6) of the Executive Directors of the 
             International Monetary Fund, January 27, 1997

    Pursuant to paragraph 13 of the New Arrangements to Borrow 
(NAB), the Fund consents in advance to the transfer of 
outstanding claims to repayments under the NAB on the terms and 
conditions set out below:
          1. All or part of any claim under the NAB may be 
        transferred at any time to a participant in the NAB.
          2. As from the value date of the transfer, the 
        transferred claim shall be held by the transferee on 
        the same terms and conditions as claims originating 
        under its credit arrangement, except that the 
        transferee shall acquire the right to request early 
        repayment of the transferred claim on balance of 
        payments grounds pursuant to paragraph 11(e) of the NAB 
        only if, at the time of the transfer, (i) the 
        transferee is a member, or the institution of a member, 
        whose balance of payment and reserve position is 
        considered sufficiently strong for its currency to be 
        usable in net transfers in the Fund's operational 
        budget; or (ii) the transferee is the institution of a 
        nonmember, and the balance of payments and reserve 
        position of the nonmember is, in the opinion of the 
        Fund, sufficiently strong to justify such acquisition.
          3. The price for the claim transferred shall be as 
        agreed between the transferee and the transferor.
          4. The transferor of a claim shall inform the Fund 
        promptly of the claim that is being transferred, the 
        name of the transferee, the amount of the claim that is 
        being transferred, the agreed price for transfer of the 
        claim, and the value date of the transfer.
          5. The transfer shall be registered by the Fund if it 
        is in accordance with the terms and conditions of this 
        decision. The transfer shall be effective as of the 
        value date agreed between the transferee and the 
        transferor.
          6. If all or part of a claim is transferred during a 
        quarterly period as described in paragraph 9(c) of the 
        NAB, the Fund shall pay interest to the transferee on 
        the amount of the claim transferred for the whole of 
        that period.
          7. If requested, the Fund shall assist in seeking to 
        arrange transfers.
          8. This decision shall become effective on the date 
        of effectiveness of the NAB.
   2. Articles of Agreement Establishing the International Bank for 
                Reconstruction and Development (Amended)

                                CONTENTS

                                                                   Page

Introductory Article.............................................  1184
  I. Purposes......................................................1184
 II. Membership in and Capital of the Bank.........................1185
         1. Membership...........................................  1185
         2. Authorized capital...................................  1185
         3. Subscription of shares...............................  1185
         4. Issue price of shares................................  1186
         5. Division and calls of subscribed capital.............  1186
         6. Limitation on liability..............................  1186
         7. Method of payment of subscriptions for shares........  1186
         8. Time of payment of subscriptions.....................  1186
         9. Maintenance of value of certain currency holdings of 
            the Bank.............................................  1187
        10. Restriction on disposal of shares....................  1187
III. General Provisions Relating to Loans and Guarantees...........1187
         1. Use of resources.....................................  1187
         2. Dealings between members and the Bank................  1188
         3. Limitations on guarantees and borrowings of the Bank.  1188
         4. Conditions on which the Bank may guarantee or make 
            loans................................................  1188
         5. Use of loans guaranteed, participated in or made by 
            the Bank.............................................  1189
         6. Loans to the International Finance Corporation.......  1189
 IV. Operations....................................................1189
         1. Methods of making or facilitating loans..............  1189
         2. Availability and transferability of currencies.......  1190
         3. Provision of currencies for direct loans.............  1190
         4. Payment provisions for direct loans..................  1191
         5. Guarantees...........................................  1192
         6. Special reserve......................................  1192
         7. Methods of meeting liabilities of the Bank in case of 
            defaults.............................................  1193
         8. Miscellaneous operations.............................  1193
         9. Warning to be placed on securities...................  1194
        10. Political activity prohibited........................  1194
  V. Organization and Management...................................1194
         1. Structure of the Bank................................  1194
         2. Board of Governors...................................  1194
         3. Voting...............................................  1195
         4. Executive Directors..................................  1195
         5. President and staff..................................  1196
         6. Advisory Council.....................................  1196
         7. Loan Committees......................................  1197
         8. Relationship to other international organizations....  1197
         9. Location of offices..................................  1197
        10. Regional offices and councils........................  1197
        11. Depositories.........................................  1197
        12. Form of holdings of currency.........................  1198
        13. Publication of reports and provision of information..  1198
        14. Allocation of net income.............................  1198
 VI. Withdrawal and suspension of membership: Suspension of Operati1199
         1. Right of members to withdraw.........................  1199
         2. Suspension of membership.............................  1199
         3. Cessation of membership in International Monetary 
            Fund.................................................  1199
         4. Settlement of accounts with governments ceasing to be 
            members..............................................  1199

         5. Suspension of operations and settlement of 
            obligations..........................................  1200
VII. Status, Immunities, and Privileges............................1201
         1. Purposes of Article..................................  1201
         2. Status of the Bank...................................  1201
         3. Position of the Bank with regard to judicial process.  1202
         4. Immunity of assets from seizure......................  1202
         5. Immunity of archives.................................  1202
         6. Freedom of assets from restrictions..................  1202
         7. Privilege for communications.........................  1202
         8. Immunities and privileges of officers and employees..  1202
         9. Immunities from taxation.............................  1202
        10. Application of Article...............................  1203
VIII.Amendments....................................................1203

 IX. Interpretation................................................1204
  X. Approval deemed given.........................................1204
 XI. Final Provisions..............................................1204
         1. Entry into force.....................................  1204
         2. Signature............................................  1204
         3. Inauguration of the bank.............................  1205
Schedule A. Subscriptions........................................  1206
Schedule B. Election of Executive Directors......................  1206
   2. Articles of Agreement Establishing the International Bank for 
                     Reconstruction and Development

 Articles of agreement between the United States and others respecting 
 the International Bank for Reconstruction and Development, formulated 
at the United Nations Monetary and Financial Conference, Bretton Woods, 
New Hampshire, July 1 to July 22, 1944; Signed at Washington, December 
  27, 1945; Instrument of acceptance by the United States deposited, 
 December 20, 1945; Entered into force, December 27, 1945; \1\ Article 
                   III amended December 16, 1965 \2\

    The governments on whose behalf the present Agreement is 
signed agree as follows:
---------------------------------------------------------------------------
    \1\ 60 Stat. 1440; TIAS 1503; 3 Bevans 1390; 2 UNTS 134. For a list 
of states that are parties to this Agreement, see Department of State 
publication, Treaties in Force.
    \2\ 16 UST 1942; TIAS 5929. Done at Washington, December 16, 1965; 
Entered into force, December 17, 1965.
---------------------------------------------------------------------------

                          Introductory Article

    The International Bank for Reconstruction and Development 
is established and shall operate in accordance with the 
following provisions:

                          Article I--Purposes

    The purposes of the Bank are:
          (i) To assist in the reconstruction and development 
        of territories of members by facilitating the 
        investment of capital for productive purposes, 
        including the restoration of economies destroyed or 
        disrupted by war, the reconversion of productive 
        facilities to peacetime needs and the encouragement of 
        the development of productive facilities and resources 
        in less developed countries.
          (ii) To promote private foreign investment by means 
        of guarantees or participations in loans and other 
        investments made by private investors; and when private 
        capital is not available on reasonable terms, to 
        supplement private investment by providing, on suitable 
        conditions, finance for productive purposes out of its 
        own capital, funds raised by it and its other 
        resources.
          (iii) To promote the long-range balanced growth of 
        international trade and the maintenance of equilibrium 
        in balances of payments by encouraging international 
        investment for the development of the productive 
        resources of members, thereby assisting in raising 
        productivity, the standard of living and conditions of 
        labor in their territories.
          (iv) To arrange the loans made or guaranteed by it in 
        relation to international loans through other channels 
        so that the more useful and urgent projects, large and 
        small alike, will be dealt with first.
          (v) To conduct its operations with due regard to the 
        effect of international investment on business 
        conditions in the territories of members and, in the 
        immediate postwar years, to assist in bringing about a 
        smooth transition from a wartime to a peacetime 
        economy.
    The Bank shall be guided in all its decisions by the 
purposes set forth above.

           Article II--Membership in and Capital of the Bank

                         section 1. membership

    (a) The original members of the Bank shall be those members 
of the International Monetary Fund which accept membership in 
the Bank before the date specified in Article XI, Section 2(e).
    (b) Membership shall be open to other members of the Fund, 
at such times and in accordance with such terms as may be 
prescribed by the Bank.

                   section 2. authorized capital \3\

    (a) The authorized capital stock of the Bank shall be 
$10,000,000,000, in terms of United States dollars of the 
weight and fineness in effect on July 1, 1944. The capital 
stock shall be divided into 100,000 shares having a par value 
of $100,000 each, which shall be available for subscription 
only by members.
---------------------------------------------------------------------------
    \3\ There have been three General Capital Increases to the 
authorized capital of the Bank. In 1959, a general increase of $10 
billion was authorized, doubling to $20 billion, the authorized capital 
stock of the Bank. A second increase in the amount of $40 billion was 
approved in 1980. In 1988, a Third General Capital Increase of $74.8 
billion was approved by the Board of Governors, raising the total 
authorized capital to $171.4 billion.
    In addition to the General Capital Increases, there have been 
Selective Capital Increases for the years and in the amounts as 
follows: 1959--$1 billion; 1963--$1 billion; 1965--$2 billion; 1970--$3 
billion; 1977--$8.4 billion; 1980--$4 billion; and 1984--$8.4 billion.
---------------------------------------------------------------------------
    (b) The capital stock may be increased when the Bank deems 
it advisable by a three-fourths majority of the total voting 
power.

                   section 3. subscription of shares

    (a) Each member shall subscribe shares of the capital stock 
of the Bank. The minimum number of shares to be subscribed by 
the original members shall be those set forth in Schedule A. 
The minimum number of shares to be subscribed by other members 
shall be determined by the Bank, which shall reserve a 
sufficient proportion of its capital stock for subscription by 
such members.
    (b) The Bank shall prescribe rules laying down the 
conditions under which members may subscribe shares of the 
authorized capital stock of the Bank in addition to their 
minimum subscriptions.
    (c) If the authorized capital stock of the Bank is 
increased, each member shall have a reasonable opportunity to 
subscribe, under such conditions as the Bank shall decide, a 
portion of the increase of stock equivalent to the proportion 
which its stock theretofore subscribed bears to the total 
capital stock of the Bank, but no member shall be obligated to 
subscribe any part of the increased capital.

                    section 4. issue price of shares

    Shares included in the minimum subscriptions of original 
members shall be issued at par. Others shares shall be issued 
at par unless the Bank by a majority of the total voting power 
decides in special circumstances to issue them on other terms.

          section 5. division and calls of subscribed capital

    The subscription of each member shall be divided into two 
parts as follows:
          (i) twenty percent shall be paid or subject to call 
        under Section 7(i) of this Article as needed by the 
        bank for its operations;
          (ii) the remaining eighty percent shall be subject to 
        call by the Bank only when required to meet obligations 
        of the Bank created under Article IV, Sections 1(a), 
        (ii) and (iii).
    Calls on unpaid subscriptions shall be uniform on all 
shares.

                   section 6. limitation on liability

    Liability on shares shall be limited to the unpaid portion 
of the issue price of the shares.

        section 7. method of payment of subscriptions for shares

    Payment of subscriptions for shares shall be made in gold 
or United States dollars and in the currencies of the members 
as follows:
          (i) under Section 5(i) of this Article, two percent 
        of the price of each share shall be payable in gold or 
        United States dollars, and, when calls are made, the 
        remaining eighteen percent shall be paid in the 
        currency of the member;
          (ii) when a call is made under Section 5(iii) of this 
        Article, payment may be made at the option of the 
        member either in gold, in United States dollars or in 
        the currency required to discharge the obligations of 
        the Bank for the purpose for which the call is made;
          (iii) when a member makes payments in any currency 
        under (i) and (ii) above, such payments shall be made 
        in amounts equal in value to the member's liability 
        under the call. This liability shall be a proportionate 
        part of the subscribed capital stock of the Bank as 
        authorized and defined in Section 2 of this Article.

              section 8. time of payment of subscriptions

    (a) The two percent payable on each share in gold or United 
States dollars under Section 7(i) of this Article, shall be 
paid within sixty days of the date on which the Bank begins 
operations, provided that--
          (i) any original member of the Bank whose 
        metropolitan territory has suffered from enemy 
        occupation or hostilities during the present war shall 
        be granted the right to postpone payment of one-half 
        percent until five years after that date;
          (ii) an original member who cannot make such a 
        payment because it has not recovered possession of its 
        gold reserves which are still seized or immobilized as 
        a result of the war may postpone all payment until such 
        date as the Bank shall decide.
    (b) The remainder of the price of each share payable under 
Section 7(i) of this Article shall be paid as and when called 
by the Bank, provided that--
          (i) the Bank shall, within one year of its beginning 
        operations, call not less than eight percent of the 
        price of the share in addition to the payment of two 
        percent referred to in (a) above;
          (ii) not more than five percent of the price of the 
        share shall be called in any period of three months.

  section 9. maintenance of value of certain currency holdings of the 
                                  bank

    (a) Whenever (i) the par value of a member's currency is 
reduced, or (ii) the foreign exchange value of a member's 
currency has, in the opinion of the Bank, depreciated to a 
significant extent within that member's territories, the member 
shall pay to the Bank within a reasonable time an additional 
amount of its own currency sufficient to maintain the value, as 
of the time of initial subscription, of the amount of the 
currency of such member which is held by the Bank and derived 
from currency originally paid in the Bank by the member under 
Article II, Section 7(i), from currency referred to in Article 
IV, Section 2(b), or from any additional currency furnished 
under the provisions of the present paragraph, and which has 
not been repurchased by the member for gold or for the currency 
of any member which is acceptable to the Bank.
    (b) Whenever the par value of a member's currency is 
increased, the Bank shall return to such member within a 
reasonable time an amount of that member's currency equal to 
the increase in the value of the amount of such currency 
described in (a) above.
    (c) The provisions of the preceding paragraphs may be 
waived by the Bank when a uniform proportionate change in the 
par values of the currencies of all its members is made by the 
International Monetary Fund.

             section 10. restriction on disposal of shares

    Shares shall not be pledged or encumbered in any manner 
whatever and they shall be transferable only to the Bank.

    Article III--General Provisions Relating to Loans and Guarantees

                      section. 1. use of resources

    (a) The resources and the facilities of the Bank shall be 
used exclusively for the benefit of members with equitable 
consideration to projects for development and projects for 
reconstruction alike.
    (b) for the purpose of facilitating the restoration and 
reconstruction of the economy of members whose metropolitan 
territories have suffered great devastation from enemy 
occupation or hostilities, the Bank, in determining the 
conditions and terms of loans made to such members, shall pay 
special regard to lightening the financial burden and 
expediting the completion of such restoration and 
reconstruction.

            section 2. dealings between members and the bank

    Each member shall deal with the Bank only through its 
treasury, central bank, stabilization fund or other similar 
fiscal agency, and the Bank shall deal with members only by or 
through the same agencies.

    section 3. limitations on guarantees and borrowings of the bank

    The total amount outstanding of guarantees, participations 
in loans and direct loans made by the Bank shall not be 
increased at any time, if by such increase the total would 
exceed one hundred percent of the unimpaired subscribed 
capital, reserves and surplus of the Bank.

  section 4. conditions on which the bank may guarantee or make loans

    The Bank may guarantee, participate in, or make loans to 
any member or any political subdivision thereof and any 
business, industrial, and agricultural enterprise in the 
territories of a member, subject to the following conditions:
          (i) When the member in whose territories the project 
        is located is not itself the borrower, the member or 
        the central bank or some comparable agency of the 
        member which is acceptable to the Bank, fully 
        guarantees the repayment of the principal and the 
        payment of interest and other charges on the loan.
          (ii) The Bank is satisfied that in the prevailing 
        market conditions the borrower would be unable 
        otherwise to obtain the loan under conditions which in 
        the opinion of the Bank are reasonable for the 
        borrower.
          (iii) A competent committee, as provided for in 
        Article V, Section 7, has submitted a written report 
        recommending the project after a careful study of the 
        merits of the proposal.
          (iv) In the opinion of the Bank the rate of interest 
        and other charges are reasonable and such rate, charges 
        and the schedule for repayment of principal are 
        appropriate to the project.
          (v) In making or guaranteeing a loan, the Bank shall 
        pay due regard to the prospects that the borrower, and, 
        if the borrower is not a member, that the guarantor, 
        will be in position to meet its obligations under the 
        loan; and the Bank shall act prudently in the interests 
        both of the particular member in whose territories the 
        project is located and of the members as a whole.
          (vi) In guaranteeing a loan made by other investors, 
        the Bank receives suitable compensation for its risk.
          (vii) Loans made or guaranteed by the Bank shall, 
        except in special circumstances, be for the purpose of 
        specific projects of reconstruction or development.

section 5. use of loans guaranteed, participated in or made by the bank

    (a) The Bank shall impose no conditions that the proceeds 
of a loan shall be spent in the territories of any particular 
member or members.
    (b) The Bank shall make arrangements to ensure that the 
proceeds of any loan are used only for the purposes for which 
the loan was granted, with due attention to considerations of 
economy and efficiency and without regard to political or other 
non-economic influences or considerations.
    (c) In the case of loans made by the Bank, it shall open an 
account in the name of the borrower and the amount of the loan 
shall be credited to this account in the currency or currencies 
in which the loan is made. The borrower shall be permitted by 
the Bank to draw on this account only to meet expenses in 
connection with the project as they are actually incurred.

     section 6. loans to the international finance corporation \4\

    (a) The Bank may make, participate in, or guarantee loans 
to the International Finance Corporation, an affiliate of the 
Bank, for use in its lending operations. The total amount 
outstanding of such loans, participations and guarantees shall 
not be increased if, at the time or as a result thereof, the 
aggregate amount of debt (including the guarantee of any debt) 
incurred by the said Corporation from any source and then 
outstanding shall exceed an amount equal to four times its 
unimpaired subscribed capital and surplus.
---------------------------------------------------------------------------
    \4\ Sec. 6 was added by amendment, effective December 17, 1965 (16 
UST 1942; TIAS 5929).
---------------------------------------------------------------------------
    (b) The provisions of Article III, Sections 4 and 5(c) and 
of Article IV, Section 3 shall not apply to loans, 
participations and guarantees authorized by this Section.

                         Article IV--Operations

           section 1. methods of making or facilitating loans

    (a) The Bank may make or facilitate loans which satisfy the 
general conditions of Article III in any of the following ways:
          (i) By making or participating in direct loans out of 
        its own funds corresponding to its unimpaired paid-up 
        capital and surplus and, subject to Section 6 of this 
        Article, to its reserves.
          (ii) By making or participating in direct loans out 
        of funds raised in the market of a member, or otherwise 
        borrowed by the Bank.
          (iii) By guaranteeing in whole or in part loans made 
        by private investors through the usual investment 
        channels.
    (b) The Bank may borrow funds under (a)(ii) above or 
guarantee loans under (a)(iii) above only with the approval of 
the member in whose markets the funds are raised and the member 
in whose currency the loan is denominated, and only if those 
members agree that the proceeds may be exchanged for the 
currency of any other member without restriction.

       section 2. availability and transferability of currencies

    (a) Currencies paid into the Bank under Article II, Section 
7(i), shall be loaned only with the approval in each case of 
the member whose currency is involved; provided, however, that 
if necessary, after the Bank's subscribed capital has been 
entirely called, such currencies shall, without restriction by 
the members whose currencies are offered, be used or exchanged 
for the currencies required to meet contractual payments of 
interest, other charges or amortization on the Bank's own 
borrowings, or to meet the Bank's liabilities with respect to 
such contractual payments on loans guaranteed by the Bank.
    (b) Currencies received by the Bank from borrowers and 
guarantors in payment on account of principal of direct loans 
made with currencies referred to in (a) above shall be 
exchanged for the currencies of other members or reloaned only 
with the approval for the currencies of other members or 
reloaned only with the approval in each case of the members 
whose currencies are involved; provided, however, that if 
necessary, after the Bank's subscribed capital has been 
entirely called, such currencies shall, without restriction by 
the members whose currencies are offered, be used or exchanged 
for the currencies required to meet contractual payments of 
interest, other charges or amortization on the Bank's own 
borrowings, or to meet the Bank's liabilities with respect to 
such contractual payments on loans guaranteed by the Bank.
    (c) Currencies received by the Bank from borrowers or 
guarantors in payment on account of principal of direct loans 
made by the Bank under Section 1(a)(ii) of this Article, shall 
be held and used, without restriction by the members, to make 
amortization payments, or to anticipate payment of or 
repurchase part or all of the Bank's own obligations.
    (d) All other currencies available to the Bank, including 
those raised in the market or otherwise borrowed under Section 
1(a)(ii) of this Article, those obtained by the sale of gold, 
those received as payments of interest and other charges for 
direct loans made under Sections 1(a) (i) and (ii), and those 
received as payments of commissions and other charges under 
Section 1(a)(iii), shall be used or exchanged for other 
currencies or gold required in the operations of the Bank 
without restriction by the members whose currencies are 
offered.
    (e) Currencies raised in the markets of members by 
borrowers on loans guaranteed by the Bank under Section 
1(a)(iii) of this Article, shall also be used or exchanged for 
other currencies without restriction by such members.

          section 3. provision of currencies for direct loans

    The following provisions shall apply to direct loans under 
Sections 1(a) (i) and (ii) of this Article:
    (a) The Bank shall furnish the borrower with such 
currencies of members, other than the member in whose 
territories the project is located, as are needed by the 
borrower for expenditures to be made in the territories of such 
other members to carry out the purposes of the loan.
    (b) The Bank may, in exceptional circumstances when local 
currency required for the purposes of the loan cannot be raised 
by the borrower on reasonable terms, provide the borrower as 
part of the loan with an appropriate amount of that currency.
    (c) The Bank, if the project gives rise indirectly to an 
increased need for foreign exchange by the member in whose 
territories the project is located, may in exceptional 
circumstances provide the borrower as part of the loan with an 
appropriate amount of gold or foreign exchange not in excess of 
the borrower's local expenditure in connection with the 
purposes of the loan.
    (d) The Bank may, in exceptional circumstances, at the 
request of a member in whose territories a portion of the loan 
is spent, repurchase with gold or foreign exchange a part of 
that member's currency thus spent but in no case shall the part 
so repurchased exceed the amount by which the expenditure of 
the loan in those territories gives rise to an increased need 
for foreign exchange.

             section 4. payment provisions for direct loans

    Loan contracts under Section 1(a) (i) or (ii) of this 
Article shall be made in accordance with the following payment 
provisions:
    (a) The terms and conditions of interest and amortization 
payments, maturity and dates of payment of each loan shall be 
determined by the Bank. The Bank shall also determine the rate 
and any other terms and conditions of commission to be charged 
in connection with such loan.
    In the case of loans made under Section 1(a)(ii) of this 
Article during the first ten years of the Bank's operations, 
this rate of commission shall be not less than one percent per 
annum and not greater than one and one-half percent per annum, 
and shall be charged on the outstanding portion of any such 
loan. At the end of this period of ten years, the rate of 
commission may be reduced by the Bank with respect both to the 
outstanding portions of loans already made and to future loans, 
if the reserves accumulated by the Bank under Section 6 of the 
Article and out of other earnings are considered by it 
sufficient to justify a reduction. In the case of future loans 
the Bank shall also have discretion to increase the rate of 
commission beyond the above limit, if experience indicates that 
an increase is advisable.
    (b) All loan contracts shall stipulate the currency or 
currencies in which payments under the contract shall be made 
to the Bank. At the option of the borrower, however, such 
payments may be made in gold, or subject to the agreement of 
the Bank, in the currency of a member other than that 
prescribed in the contract.
          (i) In the case of loans made under Section 1(a)(i) 
        of this Article, the loan contracts shall provide that 
        payments to the Bank of interest, other charges and 
        amortization shall be made in the currency loaned, 
        unless the member whose currency is loaned agrees that 
        such payments shall be made in some other specified 
        currency or currencies. These payments, subject to the 
        provisions of Article II, Section 9(c), shall be 
        equivalent to the value of such contractual payments at 
        the time the loans were made, in terms of a currency 
        specified for the purpose by the Bank by a three-
        fourths majority of the total voting power.
          (ii) In the case of loans made under Section 1(a)(ii) 
        of this Article, the total amount outstanding and 
        payable to the bank in any one currency shall at no 
        time exceed the total amount of the outstanding 
        borrowings made by the Bank under Section 1 (a)(ii) and 
        payable in the same currency.
    (c) If a member suffers from an acute exchange stringency, 
so that the service of any loan contracted by that member or 
guaranteed by it or by one of its agencies cannot be provided 
in the stipulated manner, the member concerned may apply to the 
Bank for a relaxation of the conditions of payment. If the Bank 
is satisfied that some relaxation is in the interests of the 
particular member and of the operations of the Bank and of its 
members as a whole, it may take action under either, or both, 
of the following paragraphs with respect to the whole, or part, 
of the annual service:
          (i) The Bank may, in its discretion, make 
        arrangements with the member concerned to accept 
        service payments on the loan in the member's currency 
        for periods not to exceed three years upon appropriate 
        terms regarding the use of such currency and the 
        maintenance of its foreign exchange value; and for the 
        repurchase of such currency on appropriate terms.
          (ii) The Bank may modify the terms of amortization or 
        extend the life of the loan, or both.

                         section 5. guarantees

    (a) In guaranteeing a loan placed through the usual 
investment channels, the Bank shall charge a guarantee 
commission payable periodically on the amount of the loan 
outstanding at a rate determined by the Bank. During the first 
ten years of the Bank's operations, this rate shall be not less 
than one percent per annum and not greater than one and one-
half percent per annum. At the end of this period of ten years, 
the rate of commission may be reduced by the Bank with respect 
both to the outstanding portions of loans already guaranteed 
and to future loans if the reserves accumulated by the Bank 
under Section 6 of this Article and out of other earnings are 
considered by it sufficient to justify a reduction. In the case 
of future loans the Bank shall also have discretion to increase 
the rate of commission beyond the above limit, if experience 
indicates that an increase is advisable.
    (b) Guarantee commissions shall be paid directly to the 
Bank by the borrower.
    (c) Guarantees by the Bank shall provide that the Bank may 
terminate its liability with respect to interest if, upon 
default by the borrower and by the guarantor, if any, the Bank 
offers to purchase, at par and interest accrued to a date 
designated in the offer, the bonds or other obligations 
guaranteed.
    (d) The Bank shall have power to determine any other terms 
and conditions of the guarantee.

                       section 6. special reserve

    The amount of commissions received by the Bank under 
Sections 4 and 5 of this Article shall be set aside as a 
special reserve, which shall be kept available for meeting 
liabilities of the Bank in accordance with Section 7 of this 
Article. The special reserve shall be held in such liquid form, 
permitted under this Agreement, as the Executive Directors may 
decide.

   section 7. methods of meeting liabilities of the bank in case of 
                                defaults

    In case of default on loans made, participated in, or 
guaranteed by the Bank:
    (a) The Bank shall make such arrangements as may be 
feasible to adjust the obligations under the loans, including 
arrangements under or analogous to those provided in Section 
4(c) of this Article.
    (b) The payments in discharge of the Bank's liabilities on 
borrowings or guarantees under Section 1(a) (ii) and (iii) of 
this Article shall be charged--
          (i) first, against the special reserve provided in 
        Section 6 of this Article;
          (ii) then, to the extent necessary and at the 
        discretion of the Bank, against the other reserves, 
        surplus and capital available to the Bank.
    (c) Whenever necessary to meet contractual payments of 
interest, other charges or amortization on the Bank's own 
borrowings, or to meet the Bank's liabilities with respect to 
similar payments on loans guaranteed by it, the Bank may call 
an appropriate amount of the unpaid subscriptions of members in 
accordance with Article II, Sections 5 and 7. Moreover, if it 
believes that a default may be of long duration, the Bank may 
call an additional amount of such unpaid subscriptions not to 
exceed in any one year one percent of the total subscriptions 
of the members of the following purposes:
          (i) To redeem prior to maturity, or otherwise 
        discharge its liability on, all or part of the 
        outstanding principal of any loan guaranteed by it in 
        respect of which the debtor is in default.
          (ii) To repurchase, or otherwise discharge its 
        liability on, all or part of its own outstanding 
        borrowings.

                  section 8. miscellaneous operations

    In addition to the operations specified elsewhere in this 
Agreement, the Bank shall have the power:
          (i) To buy and sell securities it has issued and to 
        buy and sell securities which it has guaranteed or in 
        which it has invested, provided that the Bank shall 
        obtain the approval of the member in whose territories 
        the securities are to be bought or sold.
          (ii) To guarantee securities in which it has invested 
        for the purpose of facilitating their sale.
          (iii) To borrow the currency of any member with the 
        approval of that member.
          (iv) To buy and sell such other securities as the 
        directors by a three-fourths majority of the total 
        voting power may deem proper for the investment of all 
        or part of the special reserve under section 6 of this 
        Article.
In exercising the powers conferred by this section, the Bank 
may deal with any person, partnership, association, corporation 
or other legal entity in the territories of any member.

             section 9. warning to be placed on securities

    Every security guaranteed or issued by the Bank shall bear 
on its face a conspicuous statement to the effect that it is 
not an obligation of any government unless expressly stated on 
the security.

               section 10. political activity prohibited

    The Bank and its officers shall not interfere in the 
political affairs of any member; nor shall they be influenced 
in their decisions by the political character of the member or 
members concerned. Only economic considerations shall be 
relevant to their decisions, and these considerations shall be 
weighed impartially in order to achieve the purposes stated in 
Article I.

                 Article V--Organization and Management

                    section 1. structure of the bank

    The Bank shall have a Board of Governors, Executive 
Directors, a President and such other officers and staff to 
perform such duties as the Bank may determine.

                     section 2. board of governors

    (a) All the powers of the Bank shall be vested in the Board 
of Governors consisting of one governor and one alternate 
appointed by each member in such manner as it may determine. 
Each governor and each alternate shall serve for five years, 
subject to the pleasure of the member appointing him, and may 
be reappointed. No alternate may vote except in the absence of 
his principal. The Board shall select one of the governors as 
Chairman.
    (b) The Board of Governors may delegate to the Executive 
Directors authority to exercise any powers of the Board, except 
the power to:
          (i) Admit new members and determine the conditions of 
        their admission;
          (ii) Increase or decrease the capital stock;
          (iii) Suspend a member;
          (iv) Decide appeals from interpretations of this 
        Agreement given by the Executive Directors;
          (v) Make arrangements to cooperate with other 
        international organizations (other than informal 
        arrangements of a temporary and administrative 
        character);
          (vi) Decide to suspend permanently the operations of 
        the Bank and to distribute its assets;
          (vii) Determine the distribution of the net income of 
        the Bank.
    (c) The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board or 
called by the Executive Directors. Meetings of the Board shall 
be called by the directors whenever requested by five members 
or by members having one-quarter of the total voting power.
    (d) A quorum for any meeting of the Board of Governors 
shall be a majority of the governors, exercising not less than 
two-thirds of the total voting power.
    (e) The Board of Governors may by regulation establish a 
procedure whereby the Executive Directors, when they deem such 
action to be in the best interests of the Bank, may obtain a 
vote of the Governors on a specific question without calling a 
meeting of the Board.
    (f) The Board of Governors, and the Executive Directors to 
the extent authorized, may adopt such rules and regulations as 
may be necessary or appropriate to conduct the business of the 
Bank.
    (g) Governors and alternates shall serve as such without 
compensation from the Bank, but the Bank shall pay them 
reasonable expenses incurred in attending meetings.
    (h) The Board of Governors shall determine the remuneration 
to be paid to the Executive Directors and the salary and terms 
of the contract of service of the President.

                           section 3. voting

    (a) Each member shall have two hundred and fifty votes plus 
one additional vote for each share of stock held.
    (b) Except as otherwise specifically provided, all matters 
before the Bank shall be decided by a majority of the votes 
cast.

                     section 4. executive directors

    (a) The Executive Directors shall be responsible for the 
conduct of the general operations of the Bank, and for this 
purpose, shall exercise all the powers delegated to them by the 
Board of Governors.
    (b) There shall be twelve Executive Directors, who need not 
be governors, and of whom--
          (i) five shall be appointed, one by each of the five 
        members having the largest number of shares;
          (ii) seven shall be elected according to Schedule B 
        by all the governors other than those appointed by the 
        five members referred to in (i) above.
For the purpose of this paragraph ``members'' means governments 
of countries whose names are set forth in Schedule A, whether 
they are original members or become members in accordance with 
Article II, Section 1(b). When governments of other countries 
become members, the Board of Governors may, by a four-fifths 
majority of the total voting power, increase the total number 
of directors by increasing the number of directors to be 
elected.
    Executive Directors shall be appointed or elected every two 
years.
    (c) Each Executive Director shall appoint an alternate with 
full power to act for him when he is not present. When the 
Executive Directors appointing them are present, alternates may 
participate in meetings but shall not vote.
    (d) Directors shall continue in office until their 
successors are appointed or elected. If the office of an 
elected director becomes vacant more than ninety days before 
the end of his term, another director shall be elected for the 
remainder of the term by the governors who elected the former 
director. A majority of the votes cast shall be required for 
election. While the office remains vacant, the alternate of the 
former director shall exercise his powers, except that of 
appointing an alternate.
    (e) The Executive Directors shall function in continuous 
session at the principal office of the Bank and shall meet as 
often as the business of the Bank may require.
    (f) A quorum for any meeting of the Executive Directors 
shall be a majority of the directors, exercising not less than 
one half of the total voting power.
    (g) Each appointed director shall be entitled to cast the 
number of votes allotted under Section 3 of this Article to the 
member appointing him. Each elected director shall be entitled 
to cast the number of votes which counted toward his election. 
All the votes which a director is entitled to cast shall be 
cast as a unit.
    (h) The Board of Governors shall adopt regulations under 
which a member not entitled to appoint a director under (b) 
above may send a representative to attend any meeting of the 
Executive Directors when a request made by, or a matter 
particularly affecting, that member is under consideration.
    (i) The Executive Directors may appoint such committees as 
they deem advisable. Membership of such committees need not be 
limited to governors or directors or their alternates.

                     section 5. president and staff

    (a) The Executive Directors shall select a President who 
shall not be a governor or an Executive Director or an 
alternate for either. The President shall be Chairman of the 
Executive Directors, but shall have no vote except a deciding 
vote in case of an equal division. He may participate in 
meetings of the Board of Governors, but shall not vote at such 
meetings. The President shall cease to hold office when the 
Executive Directors so decide.
    (b) The President shall be chief of the operating staff of 
the Bank and shall conduct, under the direction of the 
Executive Directors, the ordinary business of the Bank. Subject 
to the general control of the Executive Directors, he shall be 
responsible for the organization, appointment and dismissal of 
the officers and staff.
    (c) The President, officers and staff of the Bank, in the 
discharge of their offices, owe their duty entirely to the Bank 
and to no other authority. Each member of the Bank shall 
respect the international character of this duty and shall 
refrain from all attempts to influence any of them in the 
discharge of their duties.
    (d) In appointing the officers and staff the President 
shall, subject to the paramount importance of securing the 
highest standards of efficiency and of technical competence, 
pay due regard to the importance of recruiting personnel on as 
wide a geographical basis as possible.

                      section 6. advisory council

    (a) There shall be an Advisory Council of not less than 
seven persons selected by the Board of Governors including 
representatives of banking, commercial, industrial, labor, and 
agricultural interests, and with as wide a national 
representation as possible. In those fields where specialized 
international organizations exist, the members of the Council 
representative of those fields shall be elected in agreement 
with such organizations. The Council shall advise the Bank on 
matters of general policy. The Council shall meet annually and 
on such other occasions as the Bank may request.
    (b) Councilors shall serve for two years and may be 
reappointed. They shall be paid their reasonable expenses 
incurred on behalf of the Bank.

                       section 7. loan committees

    The committees required to report on loans under Article 
III, Section 4, shall be appointed by the Bank. Each such 
committee shall include an expert selected by the governor 
representing the member in whose territories the project is 
located and one or more members of the technical staff of the 
Bank.

      section 8. relationship to other international organizations

    (a) The bank, within the terms of this Agreement, shall 
cooperate with any general international organization, and with 
public international organizations having specialized 
responsibilities in related fields. Any arrangements for such 
cooperation which would involve a modification of any provision 
of this Agreement may be affected only after amendment to this 
Agreement under Article VIII.
    (b) In making decisions on applications for loans or 
guarantees relating to matters directly within the competence 
of any international organization of the types specified in the 
preceding paragraph and participated in primarily by members of 
the Bank, the Bank shall give consideration to the views and 
recommendations of such organization.

                     section 9. location of offices

    (a) The principal office of the Banks shall be located in 
the territory of the member holding the greatest number of 
shares.
    (b) The Bank may establish agencies or branch offices in 
the territories of any member of the Bank.

               section 10. regional offices and councils

    (a) The Bank may establish regional offices and determine 
the location of, and the areas to be covered by, each regional 
office.
    (b) Each regional office shall be advised by a regional 
council representative of the entire area and selected in such 
manner as the Bank may decide.

                        section 11. depositories

    (a) Each member shall designate its central bank as a 
depository for all the Bank's holdings of its currency or, if 
it has no central bank, it shall designate such other 
institution as may be acceptable to the Bank.
    (b) The Bank may hold other assets, including gold, in 
depositories designated by the five members having the largest 
number of shares and in such other designated depositories as 
the Bank may select. Initially, at least one-half of the gold 
holdings of the Bank shall be held in the depository designated 
by the member in whose territory the Bank has its principal 
office, and at least forty percent shall be held in the 
depositories designated by the remaining four members referred 
to above, each of such depositors to hold, initially, not less 
than the amount of gold paid on the shares of the member 
designating it. However, all transfers of gold by the Bank 
shall be made with due regard to the costs of transport and 
anticipated requirements of the Bank. In an emergency the 
Executive Directors may transfer all or any part of the Bank's 
gold holdings to any place where they can be adequately 
protected.

                section 12. form of holdings of currency

    The Bank shall accept from any member, in place of any part 
of the member's currency, paid in to the Bank under Article II, 
Section 7(i), or to meet amortization payments on loans made 
with such currency, and not needed by the Bank in its 
operations, notes or similar obligations issued by the 
government of the member or the depository designated by such 
member, which shall be non-negotiable, non-interest-bearing and 
payable at their par value on demand by credit to the account 
of the Bank in the designated depository.

    section 13. publication of reports and provision of information

    (a) The Bank shall publish an annual report containing an 
audited statement of its accounts and shall circulate to 
members at intervals of three months or less a summary 
statement of its financial position and a profit and loss 
statement showing the results of its operations.
    (b) The Bank may publish such other reports as it deems 
desirable to carry out its purposes.
    (c) Copies of all reports, statements and publications made 
under this section shall be distributed to members.

                  section 14. allocation of net income

    (a) The Board of Governors shall determine annually what 
part of the Bank's net income, after making provision for 
reserves, shall be allocated to surplus and what part, if any, 
shall be distributed.
    (b) If any part is distributed, up to two percent non-
cumulative shall be paid, as a first charge against the 
distribution for any year, to each member on the basis of the 
average amount of the loans outstanding during the year made 
under Article IV, Section 1(a)(i), out of currency 
corresponding to its subscription. If two percent is paid as a 
first charge, any balance remaining to be distributed shall be 
paid to all members in proportion to their shares. Payments to 
each member shall be made in its own currency, or if that 
currency is not available, in other currency acceptable to the 
member. If such payments are made in currencies other than the 
member's own currency, the transfer of the currency and its use 
by the receiving member after payment shall be without 
restriction by the members.

  Article VI--Withdrawal and Suspension of Membership: Suspension of 
                               Operation

                section 1. right of members to withdraw

    Any member may withdraw from the Bank at any time by 
transmitting a notice in writing to the Bank at its principal 
office. Withdrawal shall become effective on the date such 
notice is received.

                  section 2. suspension of membership

    If a member fails to fulfill any of its obligations to the 
Bank, the Bank may suspend its membership by decision of a 
majority of the governors, exercising a majority of the total 
voting power. The member so suspended shall automatically cease 
to be a member one year from the date of its suspension unless 
a decision is taken by the same majority to restore the member 
to good standing.
    While under suspension, a member shall not be entitled to 
exercise any rights under this Agreement, except the right to 
withdrawal, but shall remain subject to all obligations.

   section 3. cessation of membership in international monetary fund

    Any member which ceases to be a member of the International 
Monetary Fund shall automatically cease after three months to 
be a member of the Bank unless the Bank by three-fourths of the 
total voting power has agreed to allow it to remain a member.

   section 4. settlement of accounts with governments ceasing to be 
                                members

    (a) When a government ceases to be a member, it shall 
remain liable for its direct obligations to the Bank and for 
its contingent liabilities to the Bank so long as any part of 
the loans or guarantees contracted before it ceased to be a 
member are outstanding; but it shall cease to incur liabilities 
with respect to loans and guarantees entered into thereafter by 
the Bank and to share either in the income or the expenses of 
the Bank.
    (b) At the time a government ceases to be a member, the 
Bank shall arrange for the purchase of its share as a part of 
the settlement of accounts with such government in accordance 
with the provisions of (c) and (d) below. For this purpose the 
repurchase price of the shares shall be the value shown by the 
books of the Bank on the day the government ceases to be a 
member.
    (c) The payment for shares repurchased by the Bank under 
this section shall be governed by the following conditions:
          (i) Any amount due to the government for its shares 
        shall be withheld so long as the government, its 
        central bank or any of its agencies remains liable, as 
        borrower or guarantor, to the Bank and such amount may, 
        at the option of the Bank, be applied on any such 
        liability as it matures. No amount shall be withheld on 
        account of the liability of the government resulting 
        from its subscription for shares under Article II, 
        Section 5(ii). In any event, no amount due to a member 
        for its shares shall be paid until six months after the 
        date upon which the government ceases to be a member.
          (ii) Payments for shares may be made from time to 
        time, upon their surrender by the government, to the 
        extent by which the amount due as the repurchase price 
        in (b) above exceeds the aggregate of liabilities on 
        loans and guarantees in (c)(i) above until the former 
        member has received the full repurchase price.
          (iii) Payments shall be made in the currency of the 
        country receiving payment or at the option of the Bank 
        in gold.
          (iv) If losses are sustained by the Bank on any 
        guarantees, participation in loans, or loans which were 
        outstanding on the date when the government ceased to 
        be a member, and the amount of such losses exceeds the 
        amount of the reserve provided against losses on the 
        date when the government ceased to be a member, such 
        government shall be obligated to repay upon demand the 
        amount by which the repurchase price of its shares 
        would have been reduced, if the losses had been taken 
        into account when the repurchase price was determined. 
        In addition, the former member government shall remain 
        liable on any call for unpaid subscriptions under 
        Article II, Section 5(ii), to the extent that it would 
        have been required to respond if the impairment of 
        capital had occurred and the call had been made at the 
        time the repurchase price of its shares was determined.
    (d) If the Bank suspends permanently its operations under 
Section 5(b) of this Article, within six months of the date 
upon which any government ceases to be a member, all rights of 
such government shall be determined by the provisions of 
Section 5 of this Article.

   section 5. suspension of operations and settlement of obligations

    (a) In an emergency the Executive Directors may suspend 
temporarily operations in respect to new loans and guarantees 
pending an opportunity for further consideration and action by 
the Board of Governors.
    (b) The Bank may suspend permanently its operations in 
respect of new loans and guarantees by vote of a majority of 
the Governors, exercising a majority of the total voting power. 
After such suspension of operations the Bank shall forthwith 
cease all activities, except those incident to the orderly 
realization, conservation, and preservation of its assets and 
settlement of its obligations.
    (c) The liability of all members for uncalled subscriptions 
to the capital stock of the Bank and in respect of the 
depreciation of their own currencies shall continue until all 
claims of creditors, including all contingent claims shall have 
been discharged.
    (d) All creditors holding direct claims shall be paid out 
of the assets of the Bank, and then out of payments to the Bank 
on calls on unpaid subscriptions. Before making any payments to 
creditors holding direct claims the Executive Directors shall 
make such arrangements as are necessary, in their judgment, to 
insure a distribution to holders of contingent claims ratably 
with creditors holding direct claims.
    (e) No distribution shall be made to members on account of 
their subscriptions to the capital stock of the Bank until--
          (i) all liabilities to creditors have been discharged 
        or provided for, and
          (ii) a majority of the governors, exercising a 
        majority of the total voting power, have decided to 
        make a distribution.
    (f) After a decision to make a distribution has been taken 
under (e) above, the Executive Directors, may by a two-thirds 
majority vote, make successive distributions of the assets of 
the Bank to members until all of the assets have been 
distributed. This distribution shall be subject to the prior 
settlement of all outstanding claims of the Bank against each 
member.
    (g) Before any distribution of assets is made, the 
Executive Directors shall fix the proportionate share of each 
member according to the ratio of its shareholding to the total 
outstanding shares of the Bank.
    (h) The Executive Directors shall value the assets to be 
distributed as at the date of distribution and then proceed to 
distribute in the following manner:
          (i) There shall be paid to each member in its own 
        obligations or those of its official agencies or legal 
        entities within its territories, insofar as they are 
        available for distribution, an amount equivalent in 
        value to its proportionate share of the total amount to 
        be distributed.
          (ii) Any balance due to a member after payment has 
        been made under (i) above shall be paid, in its own 
        currency, insofar as it is held by the Bank, up to an 
        amount equivalent in value to such balance.
          (iii) Any balance due to a member after payment has 
        been made under (i) and (ii) above shall be paid in 
        gold or currency acceptable to the member, insofar as 
        they are held by the Bank, up to an amount equivalent 
        in value to such balance.
          (iv) Any remaining assets held by the Bank after 
        payments have been made to members under (i), (ii), and 
        (iii) above shall be distributed pro rata among the 
        members.
    (i) Any member receiving assets distributed by the Bank in 
accordance with (h) above, shall enjoy the same rights with 
respect to such assets as the Bank enjoyed prior to their 
distribution.

             Article VII--Status, Immunities and Privileges

                     section 1. purposes of article

    To enable the Bank to fulfill the functions with which it 
is entrusted, the status, immunities and privileges set forth 
in this Article shall be accorded to the Bank in the 
territories of each member.

                     section 2. status of the bank

    The Bank shall possess full juridical personality, and, in 
particular the capacity--
          (i) to contract;
          (ii) to acquire and dispose of immovable and movable 
        property;
          (iii) to institute legal proceedings.

    section 3. position of the bank with regard to judicial process

    Actions may be brought against the Bank only in a court of 
competent jurisdiction in the territories of a member in which 
the Bank has an office, has appointed an agent for the purpose 
of accepting service or notice of process, or has issued or 
guaranteed securities. No actions shall, however, be brought by 
members or persons acting for or deriving claims from members. 
The property and assets of the Bank shall, wheresoever located 
and by whomsoever held, be immune from all forms of seizure, 
attachment or execution before the delivery of final judgment 
against the Bank.

               section 4. immunity of assets from seizure

    Property and assets of the Bank, wherever located and by 
whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of seizure by 
executive or legislative action.

                    section 5. immunity of archives

    The archives of the Bank shall be inviolable.

             section 6. freedom of assets from restrictions

    To the extent necessary to carry out the operations 
provided for in this Agreement and subject to the provisions of 
this Agreement, all property and assets of the Bank shall be 
free from restrictions, regulations, controls, and moratoria of 
any nature.

                section 7. privilege for communications

    The official communications of the Bank shall be accorded 
by each member the same treatment that it accords to the 
official communications of other members.

     section 8. immunities and privileges of officers and employees

    All governors, executive directors, alternates, officers 
and employees of the Bank--
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity 
        except when the Bank waives this immunity;
          (ii) not being local nationals, shall be accorded the 
        same immunities from immigration restrictions, alien 
        registration requirements and national service 
        obligations and the same facilities as regards exchange 
        restrictions as are accorded by members to the 
        representatives, officials, and employees of comparable 
        rank of other members;
          (iii) shall be granted the same treatment in respect 
        of travelling facilities as is accorded by members to 
        representatives, officials and employees of comparable 
        rank of other members.

                  section 9. immunities from taxation

    (a) The Bank, its assets, property, income and its 
operations and transactions authorized by this Agreement, shall 
be immune from all taxation and from all customs duties. The 
Bank shall also be immune from liability for the collection or 
payment of any tax or duty.
    (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Bank to executive directors, alternates, 
officials or employees of the Bank who are not local citizens, 
local subjects, or other local nationals.
    (c) No taxation of any kind shall be levied on any 
obligation or security issued by the Bank (including any 
dividend or interest thereon) by whomsoever held--
          (i) Which discriminates against such obligation or 
        security solely because it is issued by the Bank; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Bank.
    (d) No taxation of any kind shall be levied on any 
obligation or security guaranteed by the bank (including any 
dividend or interest thereon) by whomsoever held--
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the Bank; 
        or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Bank.

                   section 10. application of article

    Each member shall take such action as is necessary in its 
own territories for the purpose of making effective in terms of 
its own law the principles set forth in this Article and shall 
inform the Bank of the detailed action which it has taken.

                        Article VIII--Amendments

    (a) Any proposal to introduce modifications in this 
Agreement, whether emanating from a member, a governor or the 
Executive Directors, shall be communicated to the Chairman of 
the Board of Governors who shall bring the proposal before the 
Board. If the proposed amendment is approved by the Board the 
Bank shall, by circular letter or telegram, ask all members 
whether they accept the proposed amendment. When three-fifths 
of the members having four-fifths of the total voting power, 
have accepted the proposed amendments, the Bank shall certify 
the fact by formal communication address to all members.
    (b) Notwithstanding (a) above, acceptance by all members is 
required in the case of any amendment modifying--
          (i) the right to withdraw from the Bank provided in 
        Article VI, Section 1;
          (ii) the right secured by Article II, Section 3(c);
          (iii) the limitation on liability provided in Article 
        II, Section 6.
    (c) Amendments shall enter into force for all members three 
months after the date of the formal communication unless a 
shorter period is specified in the circular letter or telegram.

                       Article IX--Interpretation

    (a) Any question of interpretation of the provisions of 
this Agreement arising between any member and the Bank or 
between any members of the Bank shall be submitted to the 
Executive Directors for their decision. If the question 
particularly affects any member not entitled to appoint an 
executive director, it shall be entitled to representation in 
accordance with Article V, Section 4(h).
    (b) In any case where the Executive Directors have given a 
decision under (a) above, any member may require that the 
question be referred to the Board of Governors, whose decision 
shall be final. Pending the result of the reference to the 
Board, the Bank may, so far as it deems necessary, act on the 
basis of the decision of the Executive Directors.
    (c) Whenever a disagreement arises between the Bank and a 
country which has ceased to be a member, or between the Bank 
and any member during the permanent suspension of the Bank, 
such disagreement shall be submitted to arbitration by a 
tribunal of three arbitrators, one appointed by the Bank, 
another by the country involved and an umpire who, unless the 
parties otherwise agree, shall be appointed by the President of 
the Permanent Court of International Justice or such other 
authority as may have been prescribed by regulation adopted by 
the Bank. The umpire shall have full power to settle all 
questions of procedure in any case where the parties are in 
disagreement with respect thereto.

                    Article X--Approval Deemed Given

    Whenever the approval of any member is required before any 
act may be done by the Bank, except in Article VIII, approval 
shall be deemed to have been given unless the member presents 
an objection within such reasonable period as the Bank may fix 
in notifying the member of the proposed act.

                      Article XI--Final Provisions

                      section 1. entry into force

    This Agreement shall enter into force when it has been 
signed on behalf of governments whose minimum subscriptions 
comprise not less than sixty-five percent of the total 
subscriptions set forth in Schedule A and when the instruments 
referred to in Section 2(a) of this Article have been deposited 
on their behalf, but in no event shall this Agreement enter 
into force before May 1, 1945.

                          section 2. signature

    (a) Each government on whose behalf this Agreement is 
signed shall deposit with the Government of the United States 
of America an instrument setting forth that it has accepted 
this Agreement in accordance with its law and has taken all 
steps necessary to enable it to carry out all of its 
obligations under this Agreement.
    (b) Each government shall become a member of the Bank as 
from the date of the deposit on its behalf of the instrument 
referred to in (a) above, except that no government shall 
become a member before this Agreement enters into force under 
Section 1 of this Article.
    (c) The Government of the United States of America shall 
inform the governments of all countries whose names are set 
forth in Schedule A, and all governments whose membership is 
approved in accordance with Article II, Section 1(b), of all 
signatures of this Agreement and of the deposit of all 
instruments referred to in (a) above.
    (d) At the time this Agreement is signed on its behalf, 
each government shall transmit to the Government of the United 
States of America one one-hundredth of one percent of the price 
of each share in gold or United States dollars for the purpose 
of meeting administrative expenses of the Bank. This payment 
shall be credited on account of the payment to be made in 
accordance with Article II, Section 8(a). The Government of the 
United States of America shall hold such funds in a special 
deposit account and shall transmit them to the Board of 
Governors of the Bank when the initial meeting has been called 
under Section 3 of this Article. If this Agreement has not come 
into force by December 31, 1945, the Government of the United 
States of America shall return such funds to the governments 
that transmitted them.
    (e) This Agreement shall remain open for signature at 
Washington on behalf of the governments of the countries whose 
names are set forth in Schedule A until December 31, 1945.
    (f) After December 31, 1945, this Agreement shall be open 
for signature on behalf of the government of any country whose 
membership has been approved in accordance with Article II, 
Section 1(b).
    (g) By their signature of this Agreement, all governments 
accept it both on their own behalf and in respect of all their 
colonies, overseas territories, all territories under their 
protection, suzerainty, or authority and all territories in 
respect of which they exercise a mandate.
    (h) In the case of governments whose metropolitan 
territories have been under enemy occupation, the deposit of 
the instrument referred to in (a) above may be delayed until 
one hundred and eighty days after the date on which these 
territories have been liberated. If, however, it is not 
deposited by any such government before the expiration of this 
period, the signature affixed on behalf of that government 
shall become void and the portion of its subscription paid 
under (d) above shall be returned to it.
    (i) Paragraphs (d) and (h) shall come into force with 
regard to each signatory government as from the date of its 
signature.

                  section 3. inauguration of the bank

    (a) As soon as this Agreement enters into force under 
Section 1 of this Article, each member shall appoint a governor 
and the member to whom the largest number of shares is 
allocated in Schedule A shall call the first meeting of the 
Board of Governors.
    (b) At the first meeting of the Board of Governors, 
arrangements shall be made for the selection of provisional 
executive directors. The governments of the five countries, to 
which the largest number of shares are allocated in Schedule A, 
shall appoint provisional executive directors. If one or more 
of such governments have not become members, the executive 
directorships which they would be entitled to fill shall remain 
vacant until they become members, or until January 1, 1946, 
whichever is the earlier. Seven provisional executive directors 
shall be elected in accordance with the provisions of Schedule 
B and shall remain in office until the date of the first 
regular election of executive directors which shall be held as 
soon as practicable after January 1, 1946.
    (c) The Board of Governors may delegate to the provisional 
executive directors any powers except those which may not be 
delegated to the Executive Directors.
    (d) The Bank shall notify members when it is ready to 
commence operations.

    Done at Washington, in a single copy which shall remain 
deposited in the Archives of the Government of the United 
States of America, which shall transmit certified copies to all 
governments whose names are set forth in Schedule A and to all 
governments whose Membership is approved in accordance with 
Article II, Section 1(b).
          * * * * * * *

                      Schedule A--Subscriptions \1\
                          [millions of dollars]
 
 
 
Australia....................      200      India..........       400
Belgium......................      225      Iran...........        24
Bolivia......................        7      Iraq...........         6
Brazil.......................      105      Liberia........          .5
Canada.......................      325      Luxembourg.....        10
Chile........................       35      Mexico.........        65
China........................      600      Netherlands....       275
Colombia.....................       35      New Zealand....        50
Costa Rica...................        2      Nicaragua......          .8
Cuba.........................       35      Norway.........        50
Czechoslovakia...............      125      Panama.........          .2
Denmark......................    (\2\)      Paraguay.......          .8
Dominican Republic...........        2      Peru...........        17.5
Ecuador......................        3.2    Philippine             15
                                             Commonwealth.
Egypt........................       40      Poland.........       125
El Salvador..................        1      Union of South        100
                                             Africa.
Ethiopia.....................        3      Union of Soviet
                                             Socialist
France.......................      450        Republics....     1,200
Greece.......................       25      United Kingdom.     1,300
Guatemala....................        2      United States..     3,175
Haiti........................        2      Uruguay........        10.5
Honduras.....................        1      Venezuela......        10.5
Iceland......................        1      Yugoslavia.....        40
                                                            ------------
                                              Total........     9,100
 

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                                 deg.
    \1\ Subsequent changes in membership and quotas are not reflected 
in Schedule A.
    \2\ The quota of Denmark shall be determined by the Bank after 
Denmark accepts membership in accordance with these Articles of 
Agreement.

              Schedule B--Election of Executive Directors

    1. The election of the elective executive directors shall 
be by ballot of the governors eligible to vote under Article V, 
Section 4(b).
    2. In balloting for the elective executive directors, each 
governor eligible to vote shall cast for one person all of the 
votes to which the member appointing him is entitled under 
Section 3 of Article V. The seven persons receiving the 
greatest number of votes shall be executive directors, except 
that no person who receives less than fourteen percent of the 
total of the votes which can be cast (eligible votes) shall be 
considered elected.
    3. When seven persons are not elected on the first ballot, 
a second ballot shall be held in which the person who received 
the lowest number of votes shall be ineligible for election and 
in which there shall vote only (a) those governors who voted in 
the first ballot for a person not elected and (b) those 
governors whose votes for a person elected are deemed under 4 
below to have raised the votes cast for that person above 
fifteen percent of the eligible votes.
    4. In determining whether the votes cast by a governor are 
to be deemed to have raised the total of any person above 
fifteen percent of the eligible votes, the fifteen percent 
shall be deemed to include, first, the votes of the governor 
casting the largest number of votes for such person, then the 
votes of the governor casting the next largest number, and so 
on until fifteen percent is reached.
    5. Any governor, part of whose votes must be counted in 
order to raise the total of any person above fourteen percent, 
shall be considered as casting all of his votes for such person 
even if the total votes for such person thereby exceed fifteen 
percent.
    6. If, after the second ballot, seven persons have not been 
elected, further ballots shall be held on the same principles 
until seven persons have been elected, provided that after six 
persons are elected, the seventh may be elected by a simple 
majority of the remaining votes and shall be deemed to have 
been elected by all such votes.
  3. Articles of Agreement Establishing the International Development 
                              Association

                                CONTENTS

                                                                   Page

Introductory Article.............................................  1210
   I. Purposes.....................................................1210
  II. Membership; Initial Subscriptions............................1211
         1. Membership...........................................  1211
         2. Initial Subscriptions................................  1211
         3. Limitation on Liability..............................  1212
 III. Additions to Resources.......................................1212
         1. Additional Subscriptions.............................  1212
         2. Supplementary Resources Provided by a Member in the 
            Currency of Another Member...........................  1213
  IV. Currencies...................................................1213
         1. Use of Currencies....................................  1213
         2. Maintenance of Value of Currency Holdings............  1214
   V. Operations...................................................1215
         1. Use of Resources and Conditions of Financing.........  1215
         2. Form and Terms of Financing..........................  1215
         3. Modifications of Terms of Financing..................  1216
         4. Cooperation With Other International Organizations 
            and Members Providing Development Assistance.........  1216
         5. Miscellaneous Operations.............................  1216
         6. Political Activity Prohibited........................  1217
  VI. Organization and Management..................................1217
         1. Structure of the Association.........................  1217
         2. Board of Governors...................................  1217
         3. Voting...............................................  1218
         4. Executive Directors..................................  1218
         5. President and Staff..................................  1219
         6. Relationship to the Bank.............................  1219
         7. Relations With Other International Organizations.....  1220
         8. Location of Offices..................................  1220
         9. Depositories.........................................  1220
        10. Channel of Communication.............................  1220
        11. Publication of Reports and Provision of Information..  1220
        12. Disposition of Net Income............................  1220
 VII. Withdrawal; Suspension of Membership; Suspension of Operation1220
         1. Withdrawal by Members................................  1220
         2. Suspension of Membership.............................  1221
         3. Suspension or Cessation of Membership in the Bank....  1221
         4. Rights and Duties of Governments Ceasing To Be 
            Members..............................................  1221
         5. Suspension of Operations and Settlement of 
            Obligations..........................................  1223
VIII. Status, Immunities and Privileges............................1223
         1. Purposes of Article..................................  1223
         2. Status of the Association............................  1223
         3. Position of the Association with Regard to Judicial 
            Process..............................................  1224
         4. Immunity of Assets From Seizure......................  1224
         5. Immunity of Archives.................................  1224
         6. Freedom of Assets From Restrictions..................  1224
         7. Privilege for Communications.........................  1224
         8. Immunities and Privileges of Officers and Employees..  1224
         9. Immunities From Taxation.............................  1225
        10. Application of Article...............................  1225
  IX. Amendments...................................................1225
   X. Interpretation and Arbitration...............................1226
  XI. Final Provision..............................................1226
         1. Entry Into Force.....................................  1226
         2. Signature............................................  1226
         3. Territorial Application..............................  1227
         4. Inauguration of the Association......................  1227
         5. Registration.........................................  1227
Schedule A--Initial Subscriptions................................  1228
  3. Articles of Agreement Establishing the International Development 
                              Association

Articles of agreement approved at Washington by the Executive Directors 
 of the International Bank for Reconstruction and Development, January 
 26, 1960; Signed for the United States, August 9, 1960; Instrument of 
acceptance by the United States deposited, August 9, 1960; Entered into 
                      force September 24, 1960 \1\

  The Governments on whose behalf this Agreement is signed,
---------------------------------------------------------------------------
    \1\ 11 UST 2284; TIAS 4607; 439 UNTS 249. For a list of states that 
are parties to this Agreement, see Department of State publication, 
Treaties in Force.
---------------------------------------------------------------------------

Considering:

  That mutual cooperation for constructive economic purposes, 
healthy development of the world economy and balanced growth of 
international trade foster international relationships 
conducive to the maintenance of peace and world prosperity;
  That an acceleration of economic development which will 
promote higher standards of living and economic and social 
progress in the less-developed countries is desirable not only 
in the interests of those countries but also in the interests 
of the international community as a whole;
  That achievement of these objectives would be facilitated by 
an increase in the international flow of capital, public and 
private, to assist in the development of the resources of the 
less-developed countries,

do hereby agree as follows:

                          Introductory Article

  The International Development Association (hereinafter called 
``the Association'') is established and shall operate in 
accordance with the following provisions:

                          Article I--Purposes

  The purposes of the Association are to promote economic 
development, increase productivity and thus raise standards of 
living in the less-developed areas of the world included within 
the Association's membership, in particular by providing 
finance to meet their important developmental requirements on 
terms which are more flexible and bear less heavily on the 
balance of payments than those of conventional loans, thereby 
furthering the developmental objectives of the International 
Bank for Reconstruction and Development (hereinafter called 
``the Bank'') and supplementing its activities.
  The Association shall be guided in all its decisions by the 
provisions of this Article.

             Article II--Membership; Initial Subscriptions

                         section 1. membership

  (a) The original members of the Association shall be those 
members of the Bank listed in Schedule A hereto which, on or 
before the date specified in Article XI, Section 2(c), accept 
membership in the Association.
  (b) Membership shall be open to other members of the Bank at 
such times and in accordance with such terms as the Association 
may determine.

                    section 2. initial subscriptions

  (a) Upon accepting membership, each member shall subscribe 
funds in the amount assigned to it. Such subscriptions are 
herein referred to as initial subscriptions.
  (b) The initial subscription assigned to each original member 
shall be in the amount set forth opposite its name in Schedule 
A, expressed in terms of United States dollars of the weight 
and fineness in effect on January 1, 1960.
  (c) Ten percent of the initial subscription of each original 
member shall be payable in gold or freely convertible currency 
as follows: fifty percent within thirty days after the date on 
which the Association shall begin operations pursuant to 
Article XI, Section 4, or on the date on which the original 
member becomes a member, whichever shall be later; twelve and 
one-half percent one year after the beginning of operations of 
the Association; and twelve and one-half percent each year 
thereafter at annual intervals until the ten percent portion of 
the initial subscription shall have been paid in full.
  (d) The remaining ninety percent of the initial subscription 
of each original member shall be payable in gold or freely 
convertible currency in the case of members listed in Part I of 
Schedule A, and in the currency of the subscribing member in 
the case of members listed in Part II of Schedule A. This 
ninety percent portion of initial subscriptions of original 
members shall be payable in five equal annual installments as 
follows: the first such installment within thirty days after 
the date on which the Association shall begin operations 
pursuant to Article XI, Section 4, or on the date on which the 
original member becomes a member, whichever shall be later; the 
second installment one year after the beginning of operations 
of the Association, and succeeding installments each year 
thereafter at annual intervals until the ninety percent portion 
of the initial subscription shall have been paid in full.
  (e) The Association shall accept from any member, in place of 
any part of the member's currency paid in or payable by the 
member under the preceding subsection (d) or under Section 2 of 
Article IV and not needed by the Association in its operations, 
notes or similar obligations issued by the government of the 
member or the depository designated by such member, which shall 
be non-negotiable, non-interest-bearing and payable at their 
par value on demand to the account of the Association in the 
designated depository.
  (f) For the purposes of this Agreement the Association shall 
regard as ``freely convertible currency'':
          (i) currency of a member which the Association 
        determines, after consultation with the International 
        Monetary Fund, is adequately convertible into the 
        currencies of other members for the purposes of the 
        Association's operations; or
          (ii) currency of a member which such member agrees, 
        on terms satisfactory to the Association, to exchange 
        for the currencies of other members for the purposes of 
        the Association's operations.
  (g) Except as the Association may otherwise agree, each 
member listed in Part I of Schedule A shall maintain, in 
respect of its currency paid in by it as freely convertible 
currency pursuant to subsection (d) of this Section, the same 
convertibility as existed at the time of payment.
  (h) The conditions on which the initial subscriptions of 
members other than original members may be made, and the 
amounts and the terms of payment thereof, shall be determined 
by the Association pursuant to Section 1(b) of this Article.

                   section 3. limitation on liability

  No member shall be liable, by reason of its membership, for 
obligations of the Association.

                  Article III--Additions to Resources

                  section 1. additional subscriptions

  (a) The Association shall at such time as it deems 
appropriate in the light of the schedule for completion of 
payments on initial subscriptions of original members, and at 
intervals of approximately five years thereafter, review the 
adequacy of its resources and, if it deems desirable, shall 
authorize a general increase in subscriptions.\2\ 
Notwithstanding the foregoing, general or individual increases 
in subscriptions may be authorized at any time, provided that 
an individual increase shall be considered only at the request 
of the member involved. Subscriptions pursuant to this Section 
are herein referred to as additional subscriptions.
---------------------------------------------------------------------------
    \2\ The resources of the Association have been replenished fourteen 
times. The fourteenth replenishment (IDA XIV) negotiations, totaling 
$18 billion, on February 22, 2005. The U.S. share of IDA XIV is 13 
percent.
---------------------------------------------------------------------------
  (b) Subject to the provisions of paragraph (c) below, when 
additional subscriptions are authorized, the amounts authorized 
for subscription and the terms and conditions relating thereto 
shall be as determined by the Association.
  (c) When any additional subscription is authorized, each 
member shall be given an opportunity to subscribe, under such 
conditions as shall be reasonably determined by the 
Association, an amount which will enable it to maintain its 
relative voting power, but no member shall be obligated to 
subscribe.
  (d) All decisions under this Section shall be made by a two-
thirds majority of the total voting power.

section 2. supplementary resources provided by a member in the currency 
                           of another member

  (a) The Association may enter into arrangements, on such 
terms and conditions consistent with the provisions of this 
Agreement as may be agreed upon, to receive from any member, in 
addition to the amounts payable by such member on account of 
its initial or any additional subscription, supplementary 
resources in the currency of another member, provided that the 
Association shall not enter into any such arrangement unless 
the Association is satisfied that the member whose currency is 
involved agrees to the use of such currency as supplementary 
resources and to the terms and conditions governing such use. 
The arrangements under which any such resources are received 
may include provisions regarding the disposition of earnings on 
the resources and regarding the disposition of the resources in 
the event that the member providing them ceases to be a member 
or the Association permanently suspends its operations.
  (b) The Association shall deliver to the contributing member 
a Special Development Certificate setting forth the amount and 
currency of the resources so contributed and the terms and 
conditions of the arrangement relating to such resources. A 
Special Development Certificate shall not carry any voting 
rights and shall be transferable only to the Association.
  (c) Nothing in this Section shall preclude the Association 
from accepting resources from a member in its own currency on 
such terms as may be agreed upon.

                         Article IV--Currencies

                      section 1. use of currencies

  (a) Currency of any member listed in Part II of Schedule A, 
whether or not freely convertible, received by the Association 
pursuant to Article II, Section 2(d), in payment of the ninety 
percent portion payable thereunder in the currency of such 
member, and currency of such member derived therefrom as 
principal, interest or other charges, may be used by the 
Association for administrative expenses incurred by the 
Association in the territories of such member and, insofar as 
consistent with sound monetary policies in payment for goods 
and services produced in the territories of such member and 
required for projects financed by the Association and located 
in such territories; and in addition when and to the extent 
justified by the economic and financial situation of the member 
concerned as determined by agreement between the member and the 
Association, such currency shall be freely convertible or 
otherwise usable for projects financed by the Association and 
located outside the territories of the member.
  (b) The usability of currencies received by the Association 
in payment of subscriptions other than initial subscriptions of 
original members, and currencies derived therefrom as 
principal, interest or other charges, shall be governed by the 
terms and conditions on which such subscriptions are 
authorized.
  (c) The usability of currencies received by the Association 
as supplementary resources other than subscriptions, and 
currencies derived therefrom, as principal, interest or other 
charges, shall be governed by the terms of the arrangements 
pursuant to which such currencies are received.
  (d) All other currencies received by the Association may be 
freely used and exchanged by the Association and shall not be 
subject to any restriction by the member whose currency is used 
or exchanged; provided that the foregoing shall not preclude 
the Association from entering into any arrangements with the 
member in whose territories any project financed by the 
Association is located restricting the use by the Association 
of such member's currency received as principal, interest or 
other charges in connection with such financing.
  (e) The Association shall take appropriate steps to ensure 
that, over reasonable intervals of time, the portions of the 
subscriptions paid under Article II, Section 2(d) by members 
listed in Part I of Schedule A shall be used by the Association 
on an approximately pro rata basis, provided, however, that 
such portions of such subscriptions as are paid in gold or in a 
currency other than that of the subscribing member may be used 
more rapidly.

          section 2. maintenance of value of currency holdings

  (a) Whenever the par value of a member's currency is reduced 
or the foreign exchange value of a member's currency has, in 
the opinion of the Association, depreciated to a significant 
extent within that member's territories, the member shall pay 
to the Association within a reasonable time an additional 
amount of its own currency sufficient to maintain the value, as 
of the time of subscription, of the amount of the currency of 
such member paid in to the Association by the member under 
Article II, Section 2(d), and currency furnished under the 
provisions of the present paragraph, whether or not such 
currency is held in the form of notes accepted pursuant to 
Article II, Section 2(e), provided, however, that the foregoing 
shall apply only so long as and to the extent that such 
currency shall not have been initially disbursed or exchanged 
for the currency of another member.
  (b) Whenever the par value of a member's currency is 
increased, or the foreign exchange value of a member's currency 
has, in the opinion of the Association, appreciated to a 
significant extent within that member's territories, the 
Association shall return to such member within a reasonable 
time an amount of that member's currency equal to the increase 
in the value of the amount of such currency to which the 
provisions of paragraph (a) of this Section are applicable.
  (c) The provisions of the preceding paragraph may be waived 
by the Association when a uniform proportionate change in the 
par value of the currencies of all its members is made by the 
International Monetary Fund.
  (d) Amounts furnished under the provisions of paragraph (a) 
of this Section to maintain the value of any currency shall be 
convertible and usable to the same extent as such currency.

                         Article V--Operations

        section 1. use of resources and conditions of financing

  (a) The Association shall provide financing to further 
development in the less-developed areas of the world included 
within the Association's membership.
  (b) Financing provided by the Association shall be for 
purposes which in the opinion of the Association are of high 
developmental priority in the light of the needs of the area or 
area concerned and, except in special circumstances, shall be 
for specific projects.
  (c) The Association shall not provide financing if in its 
opinion such financing is available from private sources on 
terms which are reasonable for the recipient or could be 
provided by a loan of the type made by the Bank.
  (d) The Association shall not provide financing except upon 
the recommendation of a competent committee, made after a 
careful study of the merits of the proposal. Each such 
committee shall be appointed by the Association and shall 
include a nominee of the Governor or Governors representing the 
member or members in whose territories the project under 
consideration is located and one or more members of the 
technical staff of the Association. The requirement that the 
committee include the nominee of a Governor or Governors shall 
not apply in the case of financing provided to a public 
international or regional organization.
  (e) The Association shall not provide financing for any 
project if the member in whose territories the project is 
located objects to such financing, except that it shall not be 
necessary for the Association to assure itself that individual 
members do not object in the case of financing provided to a 
public international or regional organization.
  (f) The Association shall impose no conditions that the 
proceeds of its financing shall be spent in the territories of 
any particular member or members. The foregoing shall not 
preclude the Association from complying with any restrictions 
on the use of funds imposed in accordance with the provisions 
of these Articles, including restrictions attached to 
supplementary resources pursuant to agreement between the 
Association and the contributor.
  (g) The Association shall make arrangements to ensure that 
the proceeds of any financing are used only for the purposes 
for which the financing was provided, with due attention to 
considerations of economy, efficiency and competitive 
international trade and without regard to political or other 
noneconomic influences or considerations.
  (h) Funds to be provided under any financing operation shall 
be made available to the recipient only to meet expenses in 
connection with the project as they are actually incurred.

                 section 2. form and terms of financing

  (a) Financing by the Association shall take the form of 
loans. The Association may, however, provide other financing, 
either
          (i) out of funds subscribed pursuant to Article III, 
        Section 1, and funds derived therefrom as principal, 
        interest or other charges, if the authorization for 
        such subscriptions expressly provides for such 
        financing;
or
          (ii) in special circumstances, out of supplementary 
        resources furnished to the Association, and funds 
        derived therefrom as principal, interest or other 
        charges, if the arrangements under which such resources 
        are furnished expressly authorize such financing.
  (b) Subject to the foregoing paragraph, the Association may 
provide financing in such forms and on such terms as it may 
deem appropriate, having regard to the economic position and 
prospects of the area or areas concerned and to the nature and 
requirements of the project.
  (c) The Association may provide financing to a member, the 
government of a territory included within the Association's 
membership, a political subdivision of any of the foregoing, a 
public or private entity in the territories of a member or 
members, or to a public international or regional organization.
  (d) In the case of a loan to an entity other than a member, 
the Association may, in its discretion, require a suitable 
governmental or other guarantee or guarantees.
  (e) The Association, in special cases, may make foreign 
exchange available for local expenditures.

             section 3. modifications of terms of financing

  The Association may, when and to the extent it deems 
appropriate in the light of all relevant circumstances, 
including the financial and economic situation and prospects of 
the member concerned, and on such conditions as it may 
determine, agree to a relaxation or other modification of the 
terms on which any of its financing shall have been provided.

   section 4. cooperation with other international organizations and 
                members providing development assistance

  The Association shall cooperate with those public 
international organizations and members which provide financial 
and technical assistance to the less-developed areas of the 
world.

                  section 5. miscellaneous operations

  In addition to the operations specified elsewhere in this 
Agreement, the Association may:
          (i) borrow funds with the approval of the member in 
        whose currency the loan is denominated;
          (ii) guarantee securities in which it has invested in 
        order to facilitate their sale;
          (iii) buy and sell securities it has issued or 
        guaranteed or in which it has invested;
          (iv) in special cases, guarantee loans from other 
        sources for purposes not inconsistent with the 
        provisions of these Articles;
          (v) provide technical assistance and advisory 
        services at the request of a member; and
          (vi) exercise such other powers incidental to its 
        operations as shall be necessary or desirable in 
        furtherance of its purposes.

                section 6. political activity prohibited

  The Association and its officers shall not interfere in the 
political affairs of any member; nor shall they be influenced 
in their decisions by the political character of the member or 
members concerned. Only economic considerations shall be 
relevant to their decisions, and these considerations shall be 
weighed impartially in order to achieve the purposes stated in 
this Agreement.

                Article VI--Organization and Management

                section 1. structure of the association

  The Association shall have a Board of Governors, Executive 
Directors, a President and such other officers and staff to 
perform such duties as the Association may determine.

                     section 2. board of governors

  (a) All the powers of the Association shall be vested in the 
Board of Governors.
  (b) Each Governor and Alternate Governor of the Bank 
appointed by a member of the Bank which is also a member of the 
Association shall ex officio be a Governor and Alternate 
Governor, respectively, of the Association. No Alternate 
Governor may vote except in the absence of his principal. The 
Chairman of the Board of Governors of the Bank shall ex officio 
be Chairman of the Board of Governors of the Association except 
that if the Chairman of the Board of Governors of the Bank 
shall represent a state which is not a member of the 
Association, then the Board of Governors shall select one of 
the Governors as Chairman of the Board of Governors. Any 
Governor or Alternate Governor shall cease to hold office if 
the member by which he was appointed shall cease to be a member 
of the Association.
  (c) The Board of Governors may delegate to the Executive 
Directors authority to exercise any of its powers, except the 
power to:
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) authorize additional subscriptions and determine 
        the terms and conditions relating thereto;
          (iii) suspend a member;
          (iv) decide appeals from interpretations of this 
        Agreement given by the Executive Directors;
          (v) make arrangements pursuant to Section 7 of this 
        Article to cooperate with other international 
        organizations (other than informal arrangements of a 
        temporary and administrative character);
          (vi) decide to suspend permanently the operations of 
        the Association and to distribute its assets;
          (vii) determine the distribution of the Association's 
        net income pursuant to Section 12 of this Article; and
          (viii) approve proposed amendments to this Agreement.
  (d) The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board of 
Governors or called by the Executive Directors.
  (e) The annual meeting of the Board of Governors shall be 
held in conjunction with the annual meeting of the Board of 
Governors of the Bank.
  (f) A quorum for any meeting of the Board of Governors shall 
be a majority of the Governors, exercising not less than two-
thirds of the total voting power.
  (g) The Association may by regulation establish a procedure 
whereby the Executive Directors may obtain a vote of the 
Governors on a specific question without calling a meeting of 
the Board of Governors.
  (h) The Board of Governors, and the Executive Directors to 
the extent authorized, may adopt such rules and regulations as 
may be necessary or appropriate to conduct the business of the 
Association.
  (i) Governors and Alternate Governors shall serve as such 
without compensation from the Association.

                           section 3. voting

  (a) Each original member shall, in respect of its initial 
subscription, have 500 votes plus one additional vote for each 
$5,000 of its initial subscription. Subscriptions other than 
initial subscriptions of original members shall carry such 
voting rights as the Board of Governors shall determine 
pursuant to the provisions of Article II, Section 1(b) or 
Article III, Section 1 (b) and (c), as the case may be. 
Additions to resources other than subscriptions under Article 
II, Section 1(b) and additional subscriptions under Article 
III, Section 1, shall not carry voting rights.
  (b) Except as otherwise specifically provided, all matters 
before the Association shall be decided by a majority of the 
votes cast.

                     section 4. executive directors

  (a) The Executive Directors shall be responsible for the 
conduct of the general operations of the Association, and for 
this purpose shall exercise all the powers given to them by 
this Agreement or delegated to them by the Board of Governors.
  (b) The Executive Directors of the Association shall be 
composed ex officio of each Executive Director of the Bank who 
shall have been (i) appointed by a member of the Bank which is 
also a member of the Association, or (ii) elected in an 
election in which the votes of at least one member of the Bank 
which is also a member of the Association shall have counted 
toward his election. The Alternate to each such Executive 
Director of the Bank shall ex officio be an Alternate Director 
of the Association. Any Director shall cease to hold office if 
the member by which he was appointed, or if all the members 
whose votes counted toward his election, shall cease to be 
members of the Association.
  (c) Each Director who is an appointed Executive Director of 
the Bank shall be entitled to cast the number of votes which 
the member by which he was appointed is entitled to cast in the 
Association. Each Director who is an elected Executive Director 
of the Bank shall be entitled to cast the number of votes which 
the member or members of the Association whose votes counted 
toward his election in the Bank are entitled to cast in the 
Association. All the votes which a Director is entitled to cast 
shall be cast as a unit.
  (d) An Alternate Director shall have full power to act in the 
absence of the Director who shall have appointed him. When a 
Director is present, his Alternate may participate in meetings 
but shall not vote.
  (e) A quorum for any meeting of the Executive Directors shall 
be a majority of the Directors exercising not less than one-
half of the total voting power.
  (f) The Executive Directors shall meet as often as the 
business of the Association may require.
  (g) The Board of Governors shall adopt regulations under 
which a member of the Association not entitled to appoint an 
Executive Director of the Bank may send a representative to 
attend any meeting of the Executive Directors of the 
Association when a request made by, or a matter particularly 
affecting, that member is under consideration.

                     section 5. president and staff

  (a) The President of the Bank shall be ex officio President 
of the Association. The President shall be Chairman of the 
Executive Directors of the Association but shall have no vote 
except a deciding vote in case of an equal division. He may 
participate in meetings of the Board of Governors but shall not 
vote at such meetings.
  (b) The President shall be chief of the operating staff of 
the Association. Under the direction of the Executive Directors 
he shall conduct the ordinary business of the Association and 
under their general control shall be responsible for the 
organization, appointment and dismissal of the officers and 
staff. To the extent practicable, officers and staff of the 
Bank shall be appointed to serve concurrently as officers and 
staff of the Association.
  (c) The President, officers and staff of the Association, in 
the discharge of their offices, owe their duty entirely to the 
Association and to no other authority. Each member of the 
Association shall respect the international character of this 
duty and shall refrain from all attempts to influence any of 
them in the discharge of their duties.
  (d) In appointing officers and staff the President shall, 
subject to the paramount importance of securing the highest 
standards of efficiency and of technical competence, pay due 
regard to the importance of recruiting personnel on as wide a 
geographical basis as possible.

                  section 6. relationship to the bank

  (a) The Association shall be an entity separate and distinct 
from the Bank and the funds of the Association shall be kept 
separate and apart from those of the Bank. The Association 
shall not borrow from or lend to the Bank, except that this 
shall not preclude the Association from investing funds not 
needed in its financing operations in obligations of the Bank.
  (b) The Association may make arrangements with the Bank 
regarding facilities, personnel, and services and arrangements 
for reimbursement of administrative expenses paid in the first 
instance by either organization on behalf of the other.
  (c) Nothing in this Agreement shall make the Association 
liable for the acts or obligations of the Bank, or the Bank 
liable for the acts or obligations of the Association.

      section 7. relations with other international organizations

  The Association shall enter into formal arrangements with the 
United Nations and may enter into such arrangements with other 
public international organizations having specialized 
responsibilities in related fields.

                     section 8. location of offices

  The principal office of the Association shall be the 
principal office of the Bank. The Association may establish 
other offices in the territories of any member.

                        section 9. depositories

  Each member shall designate its central bank as a depository 
in which the Association may keep holdings of such member's 
currency or other assets of the Association, or, if it has no 
central bank, it shall designate for such purpose such other 
institution as may be acceptable to the Association. In the 
absence of any different designation, the depository designated 
for the Bank shall be the depository for the Association.

                  section 10. channel of communication

  Each member shall designate an appropriate authority with 
which the Association may communicate in connection with any 
matter arising under this Agreement. In the absence of any 
different designation, the channel of communication designated 
for the Bank shall be the channel for the Association.

    section 11. publication of reports and provision of information

  (a) The Association shall publish an annual report containing 
an audited statement of its accounts and shall circulate to 
members at appropriate intervals a summary statement of its 
financial position and of the results of its operation.
  (b) The Association may publish such other reports as it 
deems desirable to carry out its purposes.
  (c) Copies of all reports, statements, and publications made 
under this Section shall be distributed to members.

                 section 12. disposition of net income

  The Board of Governors shall determine from time to time the 
disposition of the Association's net income, having due regard 
to provisions for reserves and contingencies.

   Article VII--Withdrawal; Suspension of Membership; Suspension of 
                               Operations

                    section 1. withdrawal by members

  Any member may withdraw from membership in the Association at 
any time by transmitting a notice in writing to the Association 
at its principal office. Withdrawal shall become effective upon 
the date such notice is received.

                  section 2. suspension of membership

  (a) If a member fails to fulfill any of its obligations to 
the Association, the Association may suspend its membership by 
decision of a majority of the Governors, exercising a majority 
of the total voting power. The member so suspended shall 
automatically cease to be a member one year from the date of 
its suspension unless a decision is taken by the same majority 
to restore the member to good standing.
  (b) While under suspension, a member shall not be entitled to 
exercise any rights under this Agreement except the right of 
withdrawal, but shall remain subject to all obligations.

      section 3. suspension or cessation of membership in the bank

  Any member which is suspended from membership in, or ceases 
to be a member of, the Bank shall automatically be suspended 
from membership in, or cease to be a member of, the 
Association, as the case may be.

   section 4. rights and duties of governments ceasing to be members

  (a) When a government ceases to be a member, it shall have no 
rights under this Agreement except as provided in this Section 
and in Article X(c), but it shall, except as in this Section 
otherwise provided, remain liable for all financial obligations 
undertaken by it to the Association, whether as a member, 
borrower, guarantor or otherwise.
  (b) When a government ceases to be a member, the Association 
and the government shall proceed to a settlement of accounts. 
As part of such settlement of accounts, the Association and the 
government may agree on the amounts to be paid to the 
government on account of its subscription and on the time and 
currencies of payment. The term ``subscription'' when used in 
relation to any member government shall for the purposes of 
this Article be deemed to include both the initial subscription 
and any additional subscription of such member government.
  (c) If no such agreement is reached within six months from 
the date when the government ceased to be a member, or such 
other time as may be agreed upon by the Association and the 
government, the following provision shall apply:
          (i) The government shall be relieved of any further 
        liability to the Association on account of its 
        subscription, except that the government shall pay to 
        the Association forthwith amounts due and unpaid on the 
        date when the government ceased to be a member and 
        which in the opinion of the Association are needed by 
        it to meet its commitments as of that date under its 
        financing operations.
          (ii) The Association shall return to the government 
        funds paid in by the government on account of its 
        subscription or derived therefrom as principal 
        repayments and held by the Association on the date when 
        the government ceased to be a member, except to the 
        extent that in the opinion of the Association such 
        funds will be needed by it to meet its commitments as 
        of that date under its financing operations.
          (iii) The Association shall pay over to the 
        government a pro rata share of all principal repayments 
        received by the Association after the date on which the 
        government ceases to be a member on loans contracted 
        prior thereto, except those made out of supplementary 
        resources provided to the Association under 
        arrangements specifying special liquidation rights. 
        Such share shall be such proportion of the total 
        principal amount of such loans as the total amount paid 
        by the government on account of its subscription and 
        not returned to it pursuant to clause (ii) above shall 
        bear to the total amount paid by all members on account 
        of their subscriptions which shall have been used or in 
        the opinion of the Association will be needed by it to 
        meet its commitments under its financing operations as 
        of the date on which the government ceases to be a 
        member. Such payments by the Association shall be made 
        in installments when and as such principal repayments 
        are received by the Association, but not more 
        frequently than annually. Such installments shall be 
        paid in the currencies received by the Association 
        except that the Association may in its discretion make 
        payment in the currency of the government concerned.
          (iv) Any amount due to the government on account of 
        its subscription may be withheld so long as that 
        government, or the government of any territory included 
        within its membership, or any political subdivision or 
        any agency of any of the foregoing remains liable, as 
        borrower or guarantor, to the Association, and such 
        amount may, at the option of the Association, be 
        applied against any such liability as it matures.
          (v) In no event shall the government receive under 
        this paragraph (c) an amount exceeding, in the 
        aggregate, the lesser of the two following: (a) the 
        amount paid by the government on account of its 
        subscription, or (b) such proportion of the net assets 
        of the Association, as shown on the books of the 
        Association as of the date on which the government 
        ceased to be a member, as the amount of its 
        subscription shall bear to the aggregate amount of the 
        subscriptions of all members.
          (vi) All calculations required hereunder shall be 
        made on such basis as shall be reasonably determined by 
        the Association.
  (d) In no event shall any amount due to a government under 
this Section be paid until six months after the date upon which 
the government ceases to be a member. If within six months of 
the date upon which any government ceases to be a member the 
Association suspends operations under Section 5 of this 
Article, all rights of such government shall be determined by 
the provisions of such Section 5 and such government shall be 
considered a member of the Association for purposes of such 
Section 5, except that it shall have no voting rights.

   section 5. suspension of operations and settlement of obligations

  (a) The Association may permanently suspend its operations by 
vote of a majority of the Governors exercising a majority of 
the total voting power. After such suspension of operations the 
Association shall forthwith cease all activities, except those 
incident to the orderly realization, conservation and 
preservation of its assets and settlement of it obligations. 
Until final settlement of such obligations and distribution of 
such assets, the Association shall remain in existence and all 
mutual rights and obligations of the Association and its 
members under this Agreement shall continue unimpaired, except 
that no member shall be suspended or shall withdraw and that no 
distribution shall be made to members except as in this Section 
provide.
  (b) No distribution shall be made to members on account of 
their subscriptions until all liabilities to creditors shall 
have been discharged or provided for and until the Board 
Governors, by a vote of a majority of the Governors exercising 
a majority of the total voting power, shall have decided to 
make such distribution.
  (c) Subject to the foregoing, and to any special arrangements 
for the disposition of supplementary resources agreed upon in 
connection with the provision of such resources to the 
Association, the Association shall distribute its assets to 
members pro rata in proportion to amounts paid in by them on 
account of their subscriptions. Any distribution pursuant to 
the foregoing provision of this paragraph (c) shall be subject, 
in the case of any members, to prior settlement of all 
outstanding claims by the Association against such member. Such 
distribution shall be made at such times, in such currencies, 
and in cash or other assets as the Association shall deem fair 
and equitable. Distribution to the several members need not be 
uniform in respect of the type of assets distributed or of the 
currencies in which they are expressed.
  (d) Any member receiving assets distributed by the 
Association pursuant to this Section or Section 4 shall enjoy 
the same rights with respect to such assets as the Association 
enjoyed prior to their distribution.

            Article VIII--Status, Immunities and Privileges

                     section 1. purposes of article

  To enable the Association to fulfill the functions with which 
it is entrusted, the status, immunities and privileges provided 
in this Article shall be accorded to the Association in the 
territories of each member.

                  section 2. status of the association

  The Association shall possess full juridical personality and, 
in particular, the capacity:
          (i) to contract;
          (ii) to acquire and dispose of immovable and movable 
        property;
          (iii) to institute legal proceedings.

 section 3. position of the association with regard to judicial process

  Actions may be brought against the Association only in a 
court of competent jurisdiction in the territories of a member 
in which the Association has an office, has appointed an agent 
for the purpose of accepting service or notice of process, or 
has issued or guaranteed securities. No actions shall, however, 
be brought by members or persons acting for or deriving claims 
from members. The property and assets of the Association shall, 
wheresoever located and by whomsoever held, be immune from all 
forms of seizure, attachment or execution before the delivery 
of final judgment against the Association.

               section 4. immunity of assets from seizure

  Property and assets of the Association, wherever located and 
by whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of seizure by 
executive or legislative action.

                    section 5. immunity of archives

  The archives of the Association shall be inviolable.

             section 6. freedom of assets from restrictions

  To the extent necessary to carry out the operations provided 
for in this Agreement and subject to the provisions of this 
Agreement, all property and assets of the Association shall be 
free from restrictions, regulations, controls and moratoria of 
any nature.

                section 7. privilege for communications

  The official communications of the Association shall be 
accorded by each member the same treatment that it accords to 
the official communications of other members.

     section 8. immunities and privileges of officers and employees

  All Governors, Executive Directors, Alternates, officers and 
employees of the Association--
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity 
        except when the Association waives this immunity;
          (ii) not being local nationals, shall be accorded the 
        same immunities from immigration restrictions, alien 
        registration requirements and national service 
        obligations and the same facilities as regards exchange 
        restrictions as are accorded by members to the 
        representatives, officials, and employees of comparable 
        rank of other members;
          (iii) shall be granted the same treatment in respect 
        of traveling facilities as is accorded by members to 
        representatives, officials and employees of comparable 
        rank of other members.

                  section 9. immunities from taxation

  (a) The Association, its assets, property, income and its 
operations and transactions authorized by this Agreement, shall 
be immune from all taxation and from all customs duties. The 
Association shall also be immune from liability for the 
collection or payment of any tax or duty.
  (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Association to Executive Directors, 
Alternates, officials or employees of the Association who are 
not local citizens, local subjects, or other local nationals.
  (c) No taxation of any kind shall be levied on any obligation 
or security issued by the Association (including any dividend 
or interest thereon) by whomsoever held
          (i) which discriminates against such obligation or 
        security solely because it is issued by the 
        Association; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the 
        Association.
  (d) No taxation of any kind shall be levied on any obligation 
or security guaranteed by the Association (including any 
dividend or interest thereon) by whomsoever held
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the 
        Association; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Association.

                   section 10. application of article

  Each member shall take such action as is necessary in its own 
territories for the purpose of making effective in terms of its 
own law the principles set forth in this Article and shall 
inform the Association of the detailed action which it has 
taken.

                         Article IX--Amendments

  (a) Any proposal to introduce modifications in this 
Agreement, whether emanating from a member, a Governor or the 
Executive Directors, shall be communicated to the Chairman of 
the Board of Governors who shall bring the proposal before the 
Board. If the proposed amendment is approved by the Board, the 
Association shall, by circular letter or telegram, ask all 
members whether they accept the proposed amendment. When three-
fifths of the members, having four-fifths of the total voting 
power, have accepted the proposed amendments, the Association 
shall certify the fact by formal communication addressed to all 
members.
  (b) Notwithstanding (a) above, acceptance by all members is 
required in the case of any amendment modifying
          (i) the right to withdraw from the Association 
        provided in Article VII, Section I;
          (ii) the right secured by Article III, Section 1(c);
          (iii) the limitation on liability provided in Article 
        II, Section 3.
  (c) Amendments shall enter into force for all members three 
months after the date of the formal communication unless a 
shorter period is specified in the circular letter or telegram.

               Article X--Interpretation and Arbitration

  (a) Any question of interpretation of the provisions of this 
Agreement arising between any member and the Association or 
between any members of the Association shall be submitted to 
the Executive Directors for their decision. If the question 
particularly affects any member of the Association not entitled 
to appoint an Executive Director of the Bank, it shall be 
entitled to representation in accordance with Article VI, 
Section 4(g).
  (b) In any case where the Executive Directors have given a 
decision under (a) above, any member may require that the 
question be referred to the Board of Governors, whose decision 
shall be final. Pending the result of the reference to the 
Board of Governors, the Association may, so far as it deems 
necessary, act on the basis of the decision of the Executive 
Directors.
  (c) Whenever a disagreement arises between the Association 
and a country which has ceased to be a member, or between the 
Association and any member during the permanent suspension of 
the Association, such disagreement shall be submitted to 
arbitration by a tribunal of three arbitrators, one appointed 
by the Association, another by the country involved and an 
umpire who, unless the parties otherwise agree, shall be 
appointed by the President of the International Court of 
Justice or such other authority as may have been prescribed by 
regulation adopted by the Association. The umpire shall have 
full power to settle all questions of procedure in any case 
where the parties are in disagreement with respect thereto.

                      Article XI--Final Provision

                      section 1. entry into force

  This Agreement shall enter into force when it has been signed 
on behalf of governments whose subscriptions comprise not less 
than sixty-five percent of the total subscriptions set forth in 
Schedule A and when the instruments referred to in Section 2(a) 
of this Article have been deposited on their behalf, but in no 
event shall this Agreement enter into force before September 
15, 1960.

                          section 2. signature

  (a) Each government on whose behalf this Agreement is signed 
shall deposit with the Bank an instrument setting forth that it 
has accepted this Agreement in accordance with its law and has 
taken all steps necessary to enable it to carry out all of its 
obligations under this Agreement.
  (b) Each government shall become a member of the Association 
as from the date of the deposit on its behalf of the instrument 
referred to in paragraph (a) above except that no government 
shall become a member before this Agreement enters into force 
under Section 1 of this Article.
  (c) This Agreement shall remain open for signature until the 
close of business on December 31, 1960, at the principal office 
of the Bank, on behalf of the governments of the states whose 
names are set forth in Schedule A, provided that, if this 
Agreement shall not have entered into force by that date, the 
Executive Directors of the Bank may extend the period during 
which this Agreement shall remain open for signature by not 
more than six months.
  (d) After this Agreement shall have entered into force, it 
shall be open for signature on behalf of the government of any 
state whose membership shall have been approved pursuant to 
Article II, Section 1(b).

                   section 3. territorial application

  By its signature of this Agreement, each government accepts 
it both on its own behalf and in respect of all territories for 
whose international relations such government is responsible 
except those which are excluded by such government by written 
notice to the Association.

               section 4. inauguration of the association

  (a) As soon as this Agreement enters into force under Section 
1 of this Article the President shall call a meeting of the 
Executive Directors.
  (b) The Association shall begin operations on the date when 
such meeting is held.
  (c) Pending the first meeting of the Board of Governors, the 
Executive Directors may exercise all the powers of the Board of 
Governors except those reserved to the Board of Governors under 
this Agreement.

                        section 5. registration

  The Bank is authorized to register this Agreement with the 
Secretariat of the United Nations in accordance with Article 
102 of the Charter of the United Nations and the Regulations 
thereunder adopted by the General Assembly.

  Done at Washington, in a single copy which shall remain 
deposited in the archives of the International Bank for 
Reconstruction and Development, which has indicated by its 
signature below its agreement to the act as depository of this 
Agreement, to register this Agreement with the Secretariat of 
the United Nations and to notify all governments whose names 
are set forth in Schedule A of the date when this Agreement 
shall have entered into force under Article XI, Section 1 
hereof.

                    Schedule A--Initial Subscriptions
                            [US $ Millions] *
 
 
 
                                 Part I
 
Australia....................      20.18    Japan..........       33.59
Austria......................       5.04    Luxembourg.....        1.01
Belgium......................      22.70    Netherlands....       22.74
Canada.......................      37.83    Norway.........        6.72
Denmark......................       8.74    Sweden.........       10.99
Finland......................       3.83    Union of South        10.99
                                             Africa.
France.......................      52.96    United Kingdom.      131.14
Germany......................      52.96    United States..      320.29
Italy........................      18.16
                                                            ------------
                                              Subtotal.....      763.07
 
                                 Part II
 
Afghanistan..................       1.01    Israel.........        1.68
Argentina....................      18.33    Jordan.........        0.30
Bolivia......................       1.06    Korea..........        1.26
Brazil.......................      18.83    Lebanon........        0.45
Burma........................       2.02    Libya..........        1.01
Ceylon.......................       3.03    Malaya.........        2.52
Chile........................       3.53    Mexico.........        8.74
China........................      30.26    Morocco........        3.53
Colombia.....................       3.53    Nicaragua......        0.30
Costa Rica...................       0.20    Pakistan.......       10.09
Cuba.........................       4.71    Panama.........        0.02
Dominican Republic...........       0.40    Paraguay.......        0.30
Ecuador......................       0.65    Peru...........        1.77
El Salvador..................       0.30    Philippines....        5.04
Ethiopia.....................       0.50    Saudi Arabia...        3.70
Ghana........................       2.36    Spain..........       10.09
Greece.......................       2.52    Sudan..........        1.01
Guatemala....................       0.40    Thailand.......        3.03
Haiti........................       0.76    Tunisia........        1.51
Honduras.....................       0.30    Turkey.........        5.80
Iceland......................       0.10    United Arab            6.03
                                             Republic.
India........................      40.35    Uruguay........        1.06
Indonesia....................      11.10    Venezuela......        7.06
Iran.........................       4.54    Viet-Nam.......        1.51
Iraq.........................       0.76    Yugoslavia.....        4.04
Ireland......................       3.03
                                                            ------------
                                              Subtotal.....      236.93
                                                            ------------
                                                Total......    1,000.00
                                                            ============
 
 
* In terms of United States dollars of the weight and fineness in effect
  on January 1, 1960.

      
    4. Articles of Agreement Establishing the International Finance 
                         Corporation (Amended)

                                CONTENTS

                                                                   Page

Introductory Article.............................................  1231
   I. Purpose......................................................1231
  II. Membership and Capital.......................................1232
         1. Membership...........................................  1232
         2. Capital Stock........................................  1232
         3. Subscriptions........................................  1232
         4. Limitation on Liability..............................  1233
         5. Restriction on Transfers and Pledges of Shares.......  1233
 III. Operations...................................................1233
         1. Financing Operations.................................  1233
         2. Forms of Financing...................................  1233
         3. Operational Principles...............................  1233
         4. Protection of Interests..............................  1234
         5. Applicability of Certain Foreign Exchange 
            Restrictions.........................................  1234
         6. Miscellaneous Operations.............................  1234
         7. Valuation of Currencies..............................  1235
         8. Warning To Be Placed on Securities...................  1235
         9. Political Activity Prohibited........................  1235
  IV. Organization and Management..................................1235
         1. Structure of the Corporation.........................  1235
         2. Board of Governors...................................  1235
         3. Voting...............................................  1236
         4. Board of Directors...................................  1236
         5. Chairman, President and Staff........................  1237
         6. Relationship to the Bank.............................  1238
         7. Relations with other International Organizations.....  1238
         8. Location of Offices..................................  1238
         9. Depositories.........................................  1238
        10. Channel of Communication.............................  1238
        11. Publication of Reports and Provision of Information..  1239
        12. Dividends............................................  1239
   V. Withdrawal; Suspension of Membership; Suspension of Operation1239
         1. Withdrawal by Members................................  1239
         2. Suspension of Membership.............................  1239
         3. Suspension or Cessation of Membership in the Bank....  1239
         4. Rights and Duties of Governments Ceasing to be 
            Members..............................................  1240
         5. Suspension of Operations and Settlement of 
            Obligations..........................................  1241
  VI. Status, Immunities and Privileges............................1241
         1. Purposes of Article..................................  1241
         2. Status of the Corporation............................  1241
         3. Position of the Corporation with Regard to Judicial 
            Process..............................................  1242
         4. Immunity of Assets from Seizure......................  1242
         5. Immunity of Archives.................................  1242
         6. Freedom of Assets from Restrictions..................  1242
         7. Privilege for Communications.........................  1242
         8. Immunities and Privileges of Officers and Employees..  1242
         9. Immunities from Taxation.............................  1243
        10. Application of Article...............................  1243
        11. Waiver...............................................  1243
 VII. Amendments...................................................1243
VIII. Interpretation and Arbitration...............................1244
  IX. Final Provisions.............................................1244
         1. Entry Into Force.....................................  1244
         2. Signature............................................  1244
         3. Inauguration of the Corporation......................  1245
    4. Articles of Agreement Establishing the International Finance 
                         Corporation (Amended)

  Open for signature at the International Bank for Reconstruction and 
    Development, Washington; Signed on behalf of the United States, 
 December 5, 1955; Acceptance of the United States deposited, December 
 5, 1955; Entered into force, July 20, 1956;\1\ Amended, September 1, 
                    1961 \2\ and August 25, 1965 \2\

  The governments on whose behalf this Agreement is signed 
agree as follows:
---------------------------------------------------------------------------
    \1\ 7 UST 2197; TIAS 3620; 264 UNTS 117. For a list of states that 
are parties to the Corporation, see Department of State publication, 
Treaties in Force.
    \2\ Amendments:
---------------------------------------------------------------------------

  September 1, 1961 (12 UST 2945: TIAS 4894; 439 UNTS 318).

  September 1, 1965 (24 UST 1760; TIAS 7683).

                          Introductory Article

  The International Finance Corporation (hereinafter called the 
Corporation) is established and shall operate in accordance 
with the following provisions:

                           Article I--Purpose

  The purpose of the Corporation is to further economic 
development by encouraging the growth of productive private 
enterprise in member countries, particularly in the less 
developed areas, thus supplementing the activities of the 
International Bank for Reconstruction and Development 
(hereinafter called the Bank). In carrying out this purpose, 
the Corporation shall--
          (i) in association with private investors, assist in 
        financing the establishment, improvement and expansion 
        of productive private enterprises which would 
        contribute to the development of its member countries 
        by making investments, without guarantee of repayment 
        by the member government concerned, in cases where 
        sufficient private capital is not available on 
        reasonable terms;
          (ii) seek to bring together investment opportunities, 
        domestic and foreign private capital, and experienced 
        management; and
          (iii) seek to stimulate, and to help create 
        conditions conducive to, the flow of private capital, 
        domestic and foreign, into productive investment member 
        countries.
  The Corporation shall be guided in all its decisions by the 
provisions of this Article.

                   Article II--Membership and Capital

                         section 1. membership

  (a) The original members of the Corporation shall be those 
members of the Bank listed in Schedule A hereto which shall, on 
or before the date specified in Article IX, Section 2(c), 
accept membership in the Corporation.
  (b) Membership shall be open to other members of the Bank at 
such times and in accordance with such terms as may be 
prescribed by the Corporation.

                        section 2. capital stock

  (a) The authorized capital stock of the Corporation shall be 
$100,000,000, in terms of United States dollars.\3\
---------------------------------------------------------------------------
    \3\ On September 3, 1963, the Board increased the authorized 
capital stock of the IFC to $110 million, divided into 110,000 shares 
of $1,000 each. In 1977 the Board increased the authorized capital of 
the IFC by $540 million bringing the total to $650 million, divided 
into 650,000 shares of $1,000 each. In 1985, the Board increased the 
authorized capital stock of the IFC by an additional $650 million 
(thereby doubling IFC capital stock). On May 4, 1992, the Board 
increased the authorized capital stock of the IFC by an additional $1 
billion bringing the total to $2.3 billion.
---------------------------------------------------------------------------
  (b) The authorized capital stock shall be divided into 
100,000 shares having a par value of one thousand United States 
dollars each. Any such shares not initially subscribed by 
original members shall be available for subsequent subscription 
in accordance with Section 3(d) of this Article.
  (c) The amount of capital stock at any time authorized may be 
increased by the Board of Governors as follows:
          (i) by a majority of the votes cast, in case such 
        increase is necessary for the purpose of issuing shares 
        of capital stock on initial subscription by members 
        other than original members, provided that the 
        aggregate of any increases authorized pursuant to this 
        subparagraph shall not exceed 10,000 shares;
          (ii) in any other case, by a three-fourths majority 
        of the total voting power.
  (d) In case of an increase authorized pursuant to paragraph 
(c)(ii) above, each member shall have a reasonable opportunity 
to subscribe, under such conditions as the Corporation shall 
decide, to a proportion of the increase of stock equivalent to 
the proportion which its stock theretofore subscribed bears to 
the total capital stock of the Corporation, but no member shall 
be obligated to subscribe to any part of the increased capital.
  (e) Issuance of shares of stock, other than those subscribed 
either on initial subscription or pursuant to paragraph (d) 
above, shall require a three-fourths majority of the total 
voting power.
  (f) Shares of stock of the Corporation shall be available for 
subscription only by, and shall be issued only to, members.

                        section 3. subscriptions

  (a) Each original member shall subscribe to the number of 
shares of stock set forth opposite its name in Schedule A. The 
number of shares of stock to be subscribed by other members 
shall be determined by the Corporation.
  (b) Shares of stock initially subscribed by original members 
shall be issued at par.
  (c) The initial subscription of each original member shall be 
payable in full within 30 days after either the date on which 
the Corporation shall begin operations pursuant to Article IX, 
Section 3(b), or the date on which such original member becomes 
a member, whichever shall be later, or at such date thereafter 
as the Corporation shall determine. Payment shall be made in 
gold or United States dollars in response to a call by the 
Corporation which shall specify the place or places of payment.
  (d) The price and other terms of subscription of shares of 
stock to be subscribed, otherwise than on initial subscription 
by original members, shall be determined by the Corporation.

                   section 4. limitation on liability

  No member shall be liable, by reason of its membership, for 
obligations of the Corporation.

       section 5. restriction on transfers and pledges of shares

  Shares of stock shall not be pledged or encumbered in any 
manner whatever, and shall be transferable only to the 
Corporation.

                        Article III--Operations

                    section 1. financing operations

  The Corporation may make investments of its funds in 
productive private enterprises in the territories of its 
members. The existence of a government or other public interest 
in such an enterprise shall not necessarily preclude the 
Corporation from making an investment therein.

                    section 2.\4\ forms of financing

  The Corporation may make investments of its funds in such 
form or forms as it may deem appropriate in the 
circumstances.\2\
---------------------------------------------------------------------------
    \4\ Amended language. The purpose of the amended language is to 
authorize the Corporation to make investments of its funds in capital 
stock and to limit the exercise of voting rights by the Corporation 
unless exercise of such rights is deemed necessary by the Corporation 
to protect its interests. See sec. 5 of the International Finance 
Corporation Act (Public Law 84-350), in Legislation on Foreign 
Relations, vol. III, sec. I.
    The resolution to amend the Articles was adopted on September 1, 
1961, and on September 21, 1961, the Governors resolved that the 
amendment should be effective forthwith.
    Sec. 2 formerly read as follows:

    ``(a) The Corporation's financing shall not take the form of 
investments in capital stock. Subject to the foregoing, the Corporation 
may make investments of its funds in such form or forms as it may deem 
appropriate in the circumstances, including (but without limitation) 
investments according to the holder thereof the right to participate in 
earnings, and the right to subscribe to, or to convert the investment 
into, capital stock.
    ``(b) The Corporation shall not itself exercise any right to 
subscribe to, or convert any investment into, capital stock.''.
    Sec. 3(iv) formerly read: ``the Corporation shall not assume 
responsibility for managing any enterprise in which it has invested.''.
---------------------------------------------------------------------------

                   section 3. operational principles

  The operations of the Corporation shall be conducted in 
accordance with the following principles:
          (i) the Corporation shall not undertake any financing 
        for which in its opinion sufficient private capital 
        could be obtained on reasonable terms;
          (ii) the Corporation shall not finance an enterprise 
        in the territories of any member if the member objects 
        to such financing;
          (iii) the Corporation shall impose no conditions that 
        the proceeds of any financing by it shall be spent in 
        the territories of any particular country;
          (iv) \4\ the Corporation shall not assume 
        responsibility for managing any enterprise in which it 
        has invested and shall not exercise voting rights for 
        such purpose or for any other purpose which, in its 
        opinion, properly is within the scope of managerial 
        control;
          (v) the Corporation shall undertake its financing on 
        terms and conditions which it considers appropriate, 
        taking into account the requirements of the enterprise, 
        the risks being undertaken by the Corporation and the 
        terms and conditions normally obtained by private 
        investors for similar financing;
          (vi) the Corporation shall seek to resolve its funds 
        by selling its investments to private investors 
        whenever it can appropriately do so on satisfactory 
        terms;
          (vii) the Corporation shall seek to maintain a 
        reasonable diversification in its investments.

                   section 4. protection of interests

  Nothing in this Agreement shall prevent the Corporation, in 
the event of actual or threatened default on any of its 
investments, actual or threatened insolvency of the enterprise 
in which such investment shall have been made, or other 
situations which, in the opinion of the Corporation, threaten 
to jeopardize such investment, from taking such action and 
exercising such rights as it may deem necessary for the 
protection of its interests.

   section 5. applicability of certain foreign exchange restrictions

  Funds received by or payable to the Corporation in respect of 
an investment of the Corporation made in any member's 
territories pursuant to Section 1 of this Article shall not be 
free, solely by reason of any provision of this Agreement, from 
general applicable foreign exchange restrictions, regulations 
and controls in force in the territories of that member.

                  section 6. miscellaneous operations

  In addition to the operations specified elsewhere in this 
Agreement, the Corporation shall have the power to--
          (i) \5\ borrow funds, and in that connection to 
        furnish such collateral or other security therefor as 
        it shall determine; provided, however, that before 
        making a public sale of its obligations in the markets 
        of a member, the Corporation shall have obtained the 
        approval of that member and of the member in whose 
        currency the obligations are to be denominated; if and 
        so long as the Corporation shall be indebted on loans 
        from or guaranteed by the Bank, the total amount 
        outstanding of borrowings incurred or guarantees given 
        by the Corporation shall not be increased if, at the 
        time or as a result thereof, the aggregate amount of 
        debt (including the guarantee of any debt) incurred by 
        the Corporation from any source and then outstanding 
        shall exceed an amount equal to four times its 
        unimpaired subscribed capital and surplus;
---------------------------------------------------------------------------
    \5\ An amendment adopted August 25, 1965 added clause (i).
---------------------------------------------------------------------------
          (ii) invest funds not needed in its financing 
        operations in such obligations as it may determine and 
        invest funds held by it for pension or similar purposes 
        in any marketable securities, all without being subject 
        to the restrictions imposed by other sections of this 
        Article;
          (iii) guarantee securities in which it has invested 
        in order to facilitate their sale;
          (iv) buy and sell securities it has issued or 
        guaranteed or in which it has invested;
          (v) exercise such other powers incidental to its 
        business as shall be necessary or desirable in 
        furtherance of its purposes.

                   section 7. valuation of currencies

  Whenever it shall become necessary under this Agreement to 
value any currency in terms of the value of another currency, 
such valuation shall be as reasonably determined by the 
Corporation after consultation with the International Monetary 
Fund.

             section 8. warning to be placed on securities

  Every security issued or guaranteed by the Corporation shall 
bear on its face a conspicuous statement to the effect that it 
is not an obligation of the Bank or, unless expressly stated on 
the security, of any government.

                section 9. political activity prohibited

  The Corporation and its officers shall not interfere in the 
political affairs of any member; nor shall they be influenced 
in their decisions by the political character of the member or 
members concerned. Only economic considerations shall be 
relevant to their decisions, and these considerations shall be 
weighed impartially in order to achieve the purposes stated in 
this Agreement.

                Article IV--Organization and Management

                section 1. structure of the corporation

  The Corporation shall have a Board of Governors, a Board of 
Directors, a Chairman of the Board of Directors, a President 
and such other officers and staff to perform such duties as the 
Corporation may determine.

                     section 2. board of governors

  (a) All the powers of the Corporation shall be vested in the 
Board of Governors.
  (b) Each governor and alternate governor of the Bank 
appointed by a member of the Bank which is also a member of the 
Corporation shall ex officio be a Governor or Alternate 
Governor, respectively, of the Corporation. No Alternate 
Governor may vote except in the absence of his principal. The 
Board of Governors shall select one of the Governors as 
Chairman of the Board of Governors. Any Governor or Alternate 
Governor shall cease to hold office if the member by which he 
was appointed shall cease to be a member of the Corporation.
  (c) The Board of Governors may delegate to the Board of 
Directors authority to exercise any of its powers, except the 
power to--
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) increase or decrease the capital stock;
          (iii) suspend a member;
          (iv) decide appeals from interpretation of this 
        Agreement given by the Board of Directors;
          (v) make arrangements to cooperate with other 
        international organizations (other than informal 
        arrangements of a temporary and administrative 
        character);
          (vi) decide to suspend permanently the operations of 
        the Corporation and to distribute its assets;
          (vii) declare dividends;
          (viii) amend this Agreement.
  (d) The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board of 
Governors or called by the Board of Directors.
  (e) The annual meeting of the Board of Governors shall be 
held in conjunction with the annual meeting of the Board of 
Governors of the Bank.
  (f) A quorum for any meeting of the Board of Governors shall 
be a majority of the governors, exercising not less than two-
thirds of the total voting power.
  (g) The Corporation may by regulation establish a procedure 
whereby the Board of Directors may obtain a vote of the 
governors on a specific question without calling a meeting of 
the Board of Governors.
  (h) The Board of Governors, and the Board of Directors to the 
extent authorized, may adopt such rules and regulations as may 
be necessary or appropriate to conduct the business of the 
Corporation.
  (i) Governors and Alternate Governors shall serve as such 
without compensation from the Corporation.

                           section 3. voting

  (a) Each member shall have two hundred and fifty votes plus 
one additional vote for each share of stock held.
  (b) Except as otherwise expressly provided, all matters 
before the Corporation shall be decided by a majority of the 
votes cast.

                     section 4. board of directors

  (a) The Board of Directors shall be responsible for the 
conduct of the general operations of the Corporation, and for 
this purpose shall exercise all the powers given to it by this 
Agreement or delegated to it by the Board of Governors.
  (b) The Board of Directors of the Corporation shall be 
composed ex officio of each Executive Director of the Bank who 
shall have been either (i) appointed by a member of the Bank 
which is also a member of the Corporation, or (ii) elected in 
an election in which the votes of at least one member of the 
Bank which is also a member of the Corporation shall have 
counted toward his election. The Alternate to each such 
Executive Director of the Bank shall ex officio be an Alternate 
Director of the Corporation. Any Director shall cease to hold 
office if the member by which he was appointed, or if all the 
members whose votes counted toward his election, shall cease to 
be members of the Corporation.
  (c) Each Director who is an appointed Executive Director of 
the Bank shall be entitled to cast the number of votes which 
the member by which he was so appointed is entitled to cast in 
the Corporation. Each Director who is an elected Executive 
Director of the Bank shall be entitled to cast the number of 
votes which the member or members of the Corporation whose 
votes counted toward his election in the Bank are entitled to 
cast in the Corporation. All the votes which a director is 
entitled to cast shall be cast as a unit.
  (d) An Alternate Director shall have full power to act in the 
absence of the Director who shall have appointed him. When a 
Director is present his Alternate may participate in meetings 
but shall not vote.
  (e) A quorum for any meeting of the Board of Directors shall 
be a majority of the Directors exercising not less than one-
half of the total voting power.
  (f) The Board of Directors shall meet as often as the 
business of the Corporation may require.
  (g) The Board of Governors shall adopt regulations under 
which a member of the Corporation not entitled to appoint an 
Executive Director of the Bank may send a representative to 
attend any meeting of the Board of Directors of the Corporation 
when a request made by, or a matter particularly affecting, 
that member is under consideration.

                section 5. chairman, president and staff

  (a) The President of the Bank shall be ex officio Chairman of 
the Board of Directors of the Corporation, but shall have no 
vote except a deciding vote in case of an equal division. He 
may participate in meetings of the Board of Governors but shall 
not vote at such meetings.
  (b) The President of the Corporation shall be appointed by 
the Board of Directors on the recommendation of the Chairman. 
The President shall be chief of the operating staff of the 
Corporation. Under the direction of the Board of Directors and 
the general supervision of the Chairman, he shall conduct the 
ordinary business of the Corporation and under their general 
control shall be responsible for the organization, appointment 
and dismissal of the officers and staff. The President may 
participate in meetings of the Board of Directors but shall not 
vote at such meetings. The President shall cease to hold office 
by decision of the Board of Directors in which the Chairman 
concurs.
  (c) The President, officers and staff of the Corporation, in 
the discharge of their offices, owe their duty entirely to the 
Corporation and to no other authority. Each member of the 
Corporation shall respect the international character of this 
duty and shall refrain from all attempts to influence any of 
them in the discharge of their duties.
  (d) Subject to the paramount importance of securing the 
highest standards of efficiency and of technical competence, 
due regard shall be paid, in appointing the officers and staff 
of the Corporation, to the importance of recruiting personnel 
on as wide a geographical basis as possible.

                  section 6. relationship to the bank

  (a) The Corporation shall be an entity separate and distinct 
from the Bank and the funds of the Corporation shall be kept 
separate and apart from those of the Bank.\6\ The provisions of 
this section shall not prevent the Corporation from making 
arrangements with the Bank regarding facilities, personnel and 
services and arrangements for reimbursement of administrative 
expenses paid in the first instance by either organization on 
behalf of the other.
---------------------------------------------------------------------------
    \6\ Original text included the following: ``The Corporation shall 
not lend to or borrow from the Bank.''. Amendment adopted August 25, 
1965, deleted this sentence.
---------------------------------------------------------------------------
  (b) Nothing in this Agreement shall make the Corporation 
liable for the acts or obligations of the Bank, or the Bank 
liable for the acts or obligations of the Corporation.

      section 7. relations with other international organizations

  The Corporation, acting through the Bank, shall enter into 
formal arrangements with the United Nations, and may enter into 
such arrangements with other public international organizations 
having specialized responsibilities in related fields.

                     section 8. location of offices

  The principal office of the Corporation shall be in the same 
locality as the principal office of the Bank. The Corporation 
may establish other offices in the territories of any member.

                        section 9. depositories

  Each member shall designate its central bank as a depository 
in which the Corporation may keep holdings of such member's 
currency or other assets of the Corporation or, if it has no 
central bank, it shall designate for such purpose such other 
institution as may be acceptable to the Corporation.

                  section 10. channel of communication

  Each member shall designate an appropriate authority with 
which the Corporation may communicate in connection with any 
matter arising under this Agreement.

    section 11. publication of reports and provision of information

  (a) The Corporation shall publish an annual report containing 
an audited statement of its accounts and shall circulate to 
members at appropriate intervals a summary statement of its 
financial position and a profit and loss statement showing the 
results of its operations.
  (b) The Corporation may publish such other reports as it 
deems desirable to carry out its purposes.
  (c) Copies of all reports, statements and publications made 
under this section shall be distributed to members.

                         section 12. dividends

  (a) The Board of Governors may determine from time to time 
what part of the Corporation's net income and surplus, after 
making appropriate provision for reserves, shall be distributed 
as dividends.
  (b) Dividends shall be distributed pro rata in proportion to 
capital stock held by members.
  (c) Dividends shall be paid in such manner and in such 
currency or currencies as the Corporation shall determine.

    Article V--Withdrawal; Suspension of Membership; Suspension of 
                               Operations

                    section 1. withdrawal by members

  Any member may withdraw from membership in the Corporation at 
any time by transmitting a notice in writing to the Corporation 
at its principal office. Withdrawal shall become effective upon 
the date such notice is received.

                  section 2. suspension of membership

  (a) If a member fails to fulfill any of its obligations to 
the Corporation, the Corporation may suspend its membership by 
decision of a majority of the governors, exercising a majority 
of the total voting power. The member so suspended shall 
automatically cease to be a member one year from the date of 
its suspension unless a decision is taken by the same majority 
to restore the member to good standing.
  (b) While under suspension, a member shall not be entitled to 
exercise any rights under this Agreement except the right of 
withdrawal, but shall remain subject to all obligations.

      section 3. suspension or cessation of membership in the bank

  Any member which is suspended from membership in, or ceases 
to be a member of, the Bank shall automatically be suspended 
from membership in, or cease to be a member of, the 
Corporation, as the case may be.

   section 4. rights and duties of governments ceasing to be members

  (a) When a government ceases to be a member it shall remain 
liable for all amounts due from it to the Corporation. The 
Corporation shall arrange for the repurchase of such 
government's capital stock as a part of the settlement of 
accounts with it in accordance with the provisions of this 
section, but the government shall have no other rights under 
this Agreement except as provided in this section and in 
Article VIII(c).
  (b) The Corporation and the government may agree on the 
repurchase of the capital stock of the government on such terms 
as may be appropriate under the circumstances, without regard 
to the provisions of paragraph (c) below. Such agreement may 
provide, among other things, for a final settlement of all 
obligations of the government to the Corporation.
  (c) If such agreement shall not have been made within six 
months after the government ceases to be a member or such other 
time as the Corporation and such government may agree, the 
repurchase price of the government's capital stock shall be the 
value thereof shown by the books of the Corporation on the day 
when the government ceases to be a member. The repurchase of 
the capital stock shall be subject to the following conditions:
          (i) payments for shares of stock may be made from 
        time to time, upon their surrender by the government, 
        in such installments, at such times and in such 
        available currency or currencies as the Corporation 
        reasonably determines, taking into account the 
        financial position of the Corporation;
          (ii) any amount due to the government for its capital 
        stock shall be withheld so long as the government or 
        any of its agencies remains liable to the Corporation 
        for payment of any amount and such amount may, at the 
        option of the Corporation, be set off, as it becomes 
        payable, against the amount due from the Corporation;
          (iii) if the Corporation sustains a net loss on the 
        investments made pursuant to Article III, Section 1, 
        and held by it on the date when the government ceases 
        to be a member, and the amount of such loss exceeds the 
        amount of the reserves provided therefor on such date, 
        such government shall repay on demand the amount by 
        which the repurchase price of its shares of stock would 
        have been reduced if such loss had been taken into 
        account when the repurchase price was determined.
  (d) In no event shall any amount due to a government for its 
capital stock under this section be paid until six months after 
the date upon which the government ceases to be a member. If 
within six months of the date upon which any government ceases 
to be a member the Corporation suspends operations under 
Section 5 of this Article, all rights of such government shall 
be determined by the provisions of such Section 5 and such 
government shall be considered still a member of the 
Corporation for purposes of such Section 5, except that it 
shall have no voting rights.

   section 5. suspension of operations and settlement of obligations

  (a) The Corporation may permanently suspend its operations by 
vote of a majority of the Governors exercising a majority of 
the total voting power. After such suspension of operations the 
Corporation shall forthwith cease all activities, except those 
incident to the orderly realization, conservation and 
preservation of its assets and settlement of its obligations. 
Until final settlement of such obligations and distribution of 
such assets, the Corporation shall remain in existence and all 
mutual rights and obligations of the Corporation and its 
members under this Agreement shall continue unimpaired, except 
that no member shall be suspended or withdraw and that no 
distribution shall be made to members except as in this section 
provided.
  (b) No distribution shall be made to members on account of 
their subscriptions to the capital stock of the Corporation 
until all liabilities to creditors shall have been discharged 
or provided for and until the Board of Governors, by vote of a 
majority of the Governors exercising a majority of the total 
voting power, shall have decided to make such distribution.
  (c) Subject to the foregoing, the Corporation shall 
distribute the assets of the Corporation to members pro rata in 
proportion to capital stock held by them, subject, in the case 
of any member, to prior settlement of all outstanding claims by 
the Corporation against such member. Such distribution shall be 
made at such times, in such currencies, and in cash or other 
assets as the Corporation shall deem fair and equitable. The 
shares distributed to the several members need not necessarily 
be uniform in respect of the type of assets distributed or of 
the currencies in which they are expressed.
  (d) Any member receiving assets distributed by the 
Corporation pursuant to this section shall enjoy the same 
rights with respect to such assets as the Corporation enjoyed 
prior to their distribution.

             Article VI--Status, Immunities and Privileges

                     section 1. purposes of article

  To enable the Corporation to fulfill the functions with which 
it is entrusted, the status, immunities and privileges set 
forth in this Article shall be accorded to the Corporation in 
the territories of each member.

                  section 2. status of the corporation

  The Corporation shall possess full juridical personality and, 
in particular, the capacity--
          (i) to contract;
          (ii) to acquire and dispose of immovable and movable 
        property;
          (iii) to institute legal proceedings.

 section 3. position of the corporation with regard to judicial process

  Actions may be brought against the Corporation only in a 
court of competent jurisdiction in the territories of a member 
in which the Corporation has an office, has appointed an agent 
for the purpose of accepting service or notice of process, or 
has issued or guaranteed securities. No actions shall, however, 
be brought by members or persons acting for or deriving claims 
from members. The property and assets of the Corporation shall, 
wheresoever located and by whomsoever held, be immune from all 
forms of seizure, attachment or execution before the delivery 
of final judgment against the Corporation.

               section 4. immunity of assets from seizure

  Property and assets of the Corporation, wherever located and 
by whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of seizure by 
executive or legislative action.

                    section 5. immunity of archives

  The archives of the Corporation shall be inviolable.

             section 6. freedom of assets from restrictions

  To the extent necessary to carry out the operations provided 
for in this Agreement and subject to the provisions of Article 
III, Section 5, and other provisions of this Agreement, all 
property and assets of the Corporation shall be free from 
restrictions, regulations, controls and moratoria of any 
nature.

                section 7. privilege for communications

  The official communications of the Corporation shall be 
accorded by each member the same treatment that it accords to 
the official communications of other members.

     section 8. immunities and privileges of officers and employees

  All governors, directors, alternates, officers and employees 
of the Corporation--
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity;
          (ii) not being local nationals, shall be accorded the 
        same immunities from immigration restrictions, alien 
        registration requirements and national service 
        obligations and the same facilities as regards exchange 
        restrictions as are accorded by members to the 
        representatives, officials, and employees of comparable 
        rank of other members;
          (iii) shall be granted the same treatment in respect 
        of traveling facilities as is accorded by members to 
        representatives, officials and employees of comparable 
        rank of other members.

                  section 9. immunities from taxation

  (a) The Corporation, its assets, property, income and its 
operations and transactions authorized by this Agreement, shall 
be immune from all taxation and from all customs duties. The 
Corporation shall also be immune from liability for the 
collection or payment of any tax or duty.
  (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Corporation to Directors, Alternates, 
officials or employees of the Corporation who are not local 
citizens, local subjects, or other local nationals.
  (c) No taxation of any kind shall be levied on any obligation 
or security issued by the Corporation (including any dividend 
or interest thereon) by whomsoever held--
          (i) which discriminates against such obligation or 
        security solely because it is issued by the 
        Corporation; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the 
        Corporation.
  (d) No taxation of any kind shall be levied on any obligation 
or security guaranteed by the Corporation (including any 
dividend or interest thereon) by whomsoever held--
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the 
        Corporation; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Corporation.

                   section 10. application of article

  Each member shall take such action as is necessary in its own 
territories for the purpose of making effective in terms of its 
own law the principles set forth in this Article and shall 
inform the Corporation of the detailed action which it has 
taken.

                           section 11. waiver

  The Corporation in its discretion may waive any of the 
privileges and immunities conferred under this Article to such 
extent and upon such conditions as it may determine.

                        Article VII--Amendments

  (a) This Agreement may be amended by vote of three-fifths of 
the Governors exercising four-fifths of the total voting power.
  (b) Notwithstanding paragraph (a) above, the affirmative vote 
of all Governors is required in the case of any amendment 
modifying--
          (i) the right to withdraw from the Corporation 
        provided in Article V, Section 1;
          (ii) the preemptive right secured by Article II, 
        Section 2(d);
          (iii) the limitation on liability provided in Article 
        II, Section 4.
  (c) Any proposal to amend this Agreement, whether emanating 
from a member, a Governor or the Board of Directors, shall be 
communicated to the Chairman of the Board of Governors who 
shall bring the proposal before the Board of Governors. When an 
amendment has been duly adopted, the Corporation shall so 
certify by formal communication addressed to all members. 
Amendments shall enter into force for all members three months 
after the date of the formal communication unless the Board of 
Governors shall specify a shorter period.

              Article VIII--Interpretation and Arbitration

  (a) Any question of interpretation of the provisions of this 
Agreement arising between any member and the Corporation or 
between any members of the Corporation shall be submitted to 
the Board of Directors for its decision. If the question 
particularly affects any member of the Corporation not entitled 
to appoint an Executive Director of the Bank, it shall be 
entitled to representation in accordance with Article IV, 
Section 4(g).
  (b) In any case where the Board of Directors has given a 
decision under (a) above, any member may require that the 
question be referred to the Board of Governors, whose decision 
be final. Pending the result of the reference to the Board of 
Governors, the Corporation may, so far as it deems necessary, 
act on the basis of the decision of the Board of Directors.
  (c) Whenever a disagreement arises between the Corporation 
and a country which has ceased to be a member, or between the 
Corporation and any member during the permanent suspension of 
the Corporation, such disagreement shall be submitted to 
arbitration by a tribunal of three arbitrators, one appointed 
by the Corporation, another by the country involved and an 
umpire who, unless the parties otherwise agree, shall be 
appointed by the President of the International Court of 
Justice or such other authority as may have been prescribed by 
regulation adopted by the Corporation. The umpire shall have 
full power to settle all questions of procedure in any case 
where the parties are in disagreement with respect thereto.

                      Article IX--Final Provisions

                      section 1. entry into force

  This Agreement shall enter into force when it has been signed 
on behalf of not less than 30 governments whose subscriptions 
comprise not less than 75 percent of the total subscriptions 
set forth in Schedule A and when the instruments referred to in 
Section 2(a) of this Article have been deposited on their 
behalf, but in no event shall this Agreement enter into force 
before October 1, 1955.

                          section 2. signature

  (a) Each government on whose behalf this Agreement is signed 
shall deposit with the Bank an instrument setting forth that it 
has accepted this Agreement without reservation in accordance 
with its law and has taken all steps necessary to enable it to 
carry out all of its obligations under this Agreement.
  (b) Each government shall become a member of the Corporation 
as from the date of the deposit on its behalf of the instrument 
referred to in paragraph (a) above except that no government 
shall become a member before this Agreement enters into force 
under Section 1 of this Article.
  (c) This Agreement shall remain open for signature until the 
close of business on December 31, 1956, at the principal office 
of the Bank on behalf of the governments of the countries whose 
names are set forth in Schedule A.
  (d) After this Agreement shall have entered into force, it 
shall be open for signature on behalf of the government of any 
country whose membership has been approved pursuant to Article 
II, Section 1(b).

               section 3. inauguration of the corporation

  (a) As soon as this Agreement enters into force under Section 
1 of this Article the Chairman of the Board of Directors shall 
call a meeting of the Board of Directors.
  (b) The Corporation shall begin operations on the date when 
such meeting is held.
  (c) Pending the first meeting of the Board of Governors, the 
Board of Directors may exercise all the powers of the Board of 
Governors except those reserved to the Board of Governors under 
this Agreement.

  Done at Washington, in a single copy which shall remain 
deposited in the archives of the International Bank for 
Reconstruction and Development, which has indicated by its 
signature below its agreement to act as depository of this 
Agreement and to notify all governments whose names are set 
forth in Schedule A of the date when this Agreement shall enter 
into force under Article IX, Section 1 hereof.
          * * * * * * *
5. Convention Establishing the Multilateral Investment Guarantee Agency

                                CONTENTS

                                                                   Page

Preamble.........................................................  1248
  I. Establishment, Status, Purposes and Definitions...............1248
         1. Establishment and Status of the Agency...............  1248
         2. Objectives and Purposes..............................  1249
         3. Definitions..........................................  1249
 II. Membership and Capital........................................1249
         4. Membership...........................................  1249
         5. Capital..............................................  1250
         6. Subscription of Shares...............................  1250
         7. Division and Calls of Subscribed Capital.............  1250
         8. Payment of Subscriptions of Shares...................  1250
         9. Valuation of Currencies..............................  1251
        10. Refunds..............................................  1251
III. Operations....................................................1251
        11. Covered Risks........................................  1251
        12. Eligible Investments.................................  1252
        13. Eligible Investors...................................  1253
        14. Eligible Host Countries..............................  1253
        15. Host Country Approval................................  1253
        16. Terms and Conditions.................................  1253
        17. Payment of Claims....................................  1254
        18. Subrogation..........................................  1254
        19. Relationship to National and Regional Entities.......  1254
        20. Reinsurance of National and Regional Entities........  1254
        21. Cooperation with Private Insurers and with Reinsurers  1255
        22. Limits of Guarantee..................................  1255
        23. Investment Promotion.................................  1256
        24. Gurantees of Sponsored Investment....................  1257
 IV. Financial Provisions..........................................1257
        25. Financial Management.................................  1257
        26. Premium and Fees.....................................  1257
        27. Allocation of Net Income.............................  1257
        28. Budget...............................................  1257
        29. Accounts.............................................  1257
  V. Organization and Management...................................1257
        30. Structure of the Agency..............................  1257
        31. The Council..........................................  1258
        32. The Board............................................  1258
        33. President and Staff..................................  1259
        34. Political Activity Prohibited........................  1259
        35. Relations with International Organizations...........  1259
        36. Location of Principal Office.........................  1259
        37. Depositories for Assets..............................  1259
        38. Channel of Communications............................  1260
 VI. Voting, Adjustments of Subscriptions and Representation.......1260
        39. Voting and Adjustments of Subscriptions..............  1260
        40. Voting in the Council................................  1261
        41. Election of Directors................................  1261
        42. Voting in the Board..................................  1261
VII. Privileges and Immunities.....................................1262
        43. Purposes of Chapter..................................  1262
        44. Legal Process........................................  1262
        45. Assets...............................................  1262
        46. Archives and Communications..........................  1262
        47. Taxes................................................  1262
        48. Officials of the Agency..............................  1263
        49. Application of this Chapter..........................  1263
        50. Waiver...............................................  1263
VIII.Withdrawal, Suspension of Membership and Cessation of Operatio1264

        51. Withdrawal...........................................  1264
        52. Suspension of Membership.............................  1264
        53. Rights and Duties of States Ceasing to be Members....  1264
        54. Suspension of Operations.............................  1264
        55. Liquidation..........................................  1265
 IX. Settlement of Disputes........................................1265
        56. Interpretation and Application of the Convention.....  1265
        57. Disputes between the Agency and Members..............  1265
        58. Disputes Involving Holders of a Guarantee or 
            Reinsurance..........................................  1266
  X. Amendments....................................................1266
        59. Amendment by Council.................................  1266
        60. Procedure............................................  1266
 XI. Final Provisions..............................................1267
        61. Entry into Force.....................................  1267
        62. Inaugural Meeting....................................  1267
        63. Depository...........................................  1267
        64. Registration.........................................  1267
        65. Notification.........................................  1267
        66. Territorial Application..............................  1268
        67. Periodic Review......................................  1268
Annex I: Guarantees of Sponsored Investment Under Article 24.....  1268
         1. Sponsorship..........................................  1268
         2. Sponsorship Trust Fund...............................  1269
         3. Calls on Sponsoring Members..........................  1269
         4. Valuation of Currencies and Refunds..................  1269
         5. Reinsurance..........................................  1269
         6. Operational Principles...............................  1270
         7. Voting...............................................  1270
Annex II: Settlement of Disputes Between A Member and the Agency 
  Under Article 57...............................................  1270
         1. Application of the Annex.............................  1270
         2. Negotiation..........................................  1270
         3. Conciliation.........................................  1271
         4. Arbitration..........................................  1272
         5. Service of Process...................................  1273
Schedule A. Membership and Subscriptions.........................  1274
Schedule B. Election of Directors................................  1277
5. Convention Establishing the Multilateral Investment Guarantee Agency 
                                  \1\

   Done at Seoul; Opened for signature at the International Bank for 
Reconstruction and Development, October 1985; Ratified by, and entered 
           into force for, the United States, April 12, 1988

  Convention Establishing the Multilateral Investment Guarantee Agency

                                preamble

The Contracting States

    Considering the need to strengthen international 
cooperation for economic development and to foster the 
contribution to such development of foreign investment in 
general and private foreign investment in particular;
---------------------------------------------------------------------------
    \1\ TIAS 12089. For states that are parties to this Convention, see 
Department of State publication, Treaties in Force.

    Recognizing that the flow of foreign investment to 
developing countries would be facilitated and further 
---------------------------------------------------------------------------
encouraged by alleviating concerns to non-commercial risks;

    Desiring to enhance the flow to developing countries of 
capital and technology for productive purposes under conditions 
consistent with their development needs, policies and 
objectives, on the basis of fair and stable standards for the 
treatment of foreign investment;

    Convinced that the Multilateral Investment Guarantee Agency 
can play an important role in the encouragement of foreign 
investment complementing national and regional investment 
guarantee programs and private insurers of non-commercial risk; 
and

    Realizing that such Agency should, to the extent possible, 
meet its obligations without resort to its callable capital and 
that such an objective would be served by continued improvement 
in investment conditions,

    Have Agreed as follows:

       Chapter I--Establishment, Status, Purposes and Definitions

           article 1. establishment and status of the agency

    (a) There is hereby established the Multilateral Investment 
Agency (hereinafter called the Agency).
    (b) The Agency shall possess full juridical personality 
and, in particular, the capacity to:
          (i) contract;
          (ii) acquire and dispose of movable and immovable 
        property; and
          (iii) institute legal proceedings.

                   article 2. objective and purposes

    The objective of the Agency shall be to encourage the flow 
of investments for productive purposes among member countries, 
and in particular to developing member countries, thus 
supplementing the activities of the International Bank for 
Reconstruction and Development (hereinafter referred to as the 
Bank), the International Finance Corporation and other 
international development finance institutions.
    To serve its objective, the Agency shall:
    (a) issue guarantees, including coinsurance and 
reinsurance, against non-commercial risks in respect of 
investments in a member country which flow from other member 
countries;
    (b) carry out appropriate complementary activities to 
promote the flow of investments to and among developing member 
countries; and
    (c) exercise such other incidental powers as shall be 
necessary or desirable in the furtherance of its objective.
    The Agency shall be guided in all its decisions by the 
provisions of this Article.

                         article 3. definitions

    For the purposes of this Convention:
    (a) ``Member'' means a State with respect to which this 
Convention has entered into force in accordance with Article 
61.
    (b) ``Host country'' or ``host government'' means a member, 
its government, or any public authority of a member in whose 
territories, as defined in Article 66, an investment which has 
been guaranteed or reinsured, or is considered for guarantee or 
reinsurance, by the Agency is to be located.
    (c) A ``developing member country'' means a member which is 
listed as such in Schedule A hereto as this Schedule may be 
amended from time to time by the Council of Governors referred 
to in Article 30 (hereinafter called the Council).
    (d) A ``special majority'' means an affirmative vote of not 
less than two-thirds of the total voting power representing not 
less than fifty-five percent of the subscribed shares of the 
capital stock of the Agency.
    (e) A ``freely usable currency'' means (i) any currency 
designated as such by the International Monetary Fund from time 
to time and (ii) any other freely available and effectively 
usable currency which the Board of Directors referred to in 
Article 30 (hereinafter called the Board) may designate for the 
purposes of this Convention after consultation with the 
International Monetary Fund and with the approval of the 
country of such currency.

                   Chapter II--Membership and Capital

                       article 4. membership \2\

    (a) Membership in the Agency shall be open to all members 
of the Bank and to Switzerland.
---------------------------------------------------------------------------
    \2\ Title IV of H.R. 3570 (Multilateral Investment Guarantee Agency 
Act) as introduced in the House of Representatives on December 11, 
1987, and as enacted into law by sec. 101(e) of the Continuing 
Appropriations, 1988 (Public Law 100-202; 101 Stat. 1329-134), 
authorized U.S. membership in the Multilateral Investment Guarantee 
Agency. For text, see Legislation on Foreign Relations Through 2005, 
vol. III, sec. I.
---------------------------------------------------------------------------
    (b) Original members shall be the States which are listed 
in Schedule A hereto and become parties to this Convention on 
or before October 30, 1987.

                           article 5. capital

    (a) The authorized capital stock of the Agency shall be one 
billion Special Drawing Rights (SDR 1,000,000,000). The capital 
stock shall be divided into 100,000 shares having an par value 
of SDR 10,000 each, which shall be available for subscription 
by members. All payment obligations of members with respect to 
capital stock shall be settled on the basis of the average 
value of the SDR in terms of United States dollars for the 
period January 1, 1981 to June 30, 1985, such value being 1.082 
United States dollars per SDR.
    (b) The capital stock shall increase on the admission of a 
new member to the extent that the then authorized shares are 
insufficient to provide the shares to be subscribed by such 
member pursuant to Article 6.
    (c) The Council, by special majority, may at any time 
increase the capital stock of the Agency.

                   article 6. subscription of shares

    Each original member of the Agency shall subscribe at par 
to the number of shares of capital stock set forth opposite its 
name in Schedule A hereto. Each other member shall subscribe to 
such number of shares of capital stock on such terms and 
conditions as may be determined by the Council, but in no event 
at an issue price of less than par. No member shall subscribe 
to less than fifty shares. The Council may prescribe rules by 
which members may subscribe to additional shares of the 
authorized capital stock.

          article 7. division and calls of subscribed capital

    The initial subscription of each member shall be paid as 
follows:
          (i) Within ninety days from the date on which this 
        Convention enters into force with respect to such 
        member, ten percent of the price of each share shall be 
        paid in cash as stipulated in Section (a) of Article 8 
        and an additional ten percent in the form of non-
        negotiable, non-interest-bearing promissory notes or 
        similar obligations to be encashed pursuant to a 
        decision of the Board in order to meet the Agency's 
        obligations.
          (ii) The remainder shall be subject to call by the 
        Agency when required to meet its obligations.

              article 8. payment of subscription of shares

    (a) Payments of subscriptions shall be made in freely 
usable currencies except that payments by developing member 
countries may be made in their own currencies up to twenty-five 
percent of the paid-in cash portion of their subscriptions 
payable under Article 7 (i).
    (b) Calls on any portion of unpaid subscriptions shall be 
uniform on all shares.
    (c) If the amount received by the Agency on a call shall be 
insufficient to meet the obligations which have necessitated 
the call, the Agency may make further successive calls on 
unpaid subscriptions until the aggregate amount received by it 
shall be sufficient to meet such obligations.
    (d) Liability on shares shall be limited to the unpaid 
portion of the issue price.

                   article 9. valuation of currencies

    Whenever it shall be necessary for the purposes of this 
Convention to determine the value of one currency in terms of 
another, such value shall be as reasonably determined by the 
Agency, after consultation with the International Monetary 
Fund.

                          article 10. refunds

    (a) The Agency shall, as soon as practicable, return to 
members amounts paid on calls on subscribed capital if and to 
the extent that:
          (i) the call shall have been made to pay a claim 
        resulting from a guarantee or reinsurance contract and 
        thereafter the Agency shall have recovered its payment, 
        in whole or in part, in a freely usable currency; or
          (ii) the call shall have been made because of a 
        default in payment by a member and thereafter such 
        member shall have made good such default in whole or in 
        part; or
          (iii) the Council, by special majority, determines 
        that the financial position of the Agency permits all 
        or part of such amounts to be returned out of the 
        Agency's revenues.
    (b) Any refund effected under this Article to a member 
shall be made in freely usable currency in the proportion of 
the payments made by that member to the total amount paid 
pursuant to calls made prior to such refund.
    (c) The equivalent of amounts refunded under this Article 
to a member shall become part of the callable capital 
obligations of the member under Article 7 (ii).

                        Chapter III--Operations

                       article 11. covered risks

    (a) Subject to the provisions of Sections (b) and (c) 
below, the Agency may guarantee eligible investments against a 
loss resulting from one or more of the following types of risk:
          (i) Currency Transfer
                any introduction attributable to the host 
                government of restrictions on the transfer 
                outside the host country of its currency into a 
                freely usable currency or another currency 
                acceptable to the holder of the guarantee, 
                including a failure of the host government to 
                act within a reasonable period of time on an 
                application by such holder for such transfer;
          (ii) Expropriation and Similar Measures
                any legislative action or administrative action 
                or omission attributable to the host government 
                which has the effect of depriving the holder of 
                a guarantee of his ownership or control of, or 
                a substantial benefit from, his investment, 
                with the exception of non-discriminatory 
                measures of general application which 
                governments normally take for the purpose of 
                regulating economic activity in their 
                territories;
          (iii) Breach of Contract
                any repudiation or breach by the host 
                government of a contract with the holder of a 
                guarantee, when (a) the holder of a guarantee 
                does not have recourse to a judicial or 
                arbitral forum to determine the claim of 
                repudiation or breach, or (b) a decision by 
                such forum is not rendered within such 
                reasonable period of time as shall be 
                prescribed in the contracts of guarantee 
                pursuant to the Agency's regulations, or (c) 
                such a decision cannot be enforced; and
          (iv) War and Civil Disturbance
                any military action or civil disturbance in any 
                territory of the host country to which this 
                Convention shall be applicable as provided in 
                Article 66.
    (b) Upon the joint application of the investor and the host 
country, the Board, by special majority, may approve the 
extension of coverage under this Article to specific non-
commercial risks other than those referred to in Section (a) 
above, but in no case to the risk of devaluation or 
depreciation of currency.
    (c) Losses resulting from the following shall not be 
covered:
          (i) any host government action or omission to which 
        the holder of the guarantee has agreed or for which he 
        has been responsible; and
          (ii) any host government action or omission or any 
        other event occurring before the conclusion of the 
        contract of guarantee.

                    article 12. eligible investments

    (a) Eligible investment shall include equity interests, 
including medium- or long-term loans made or guaranteed by 
holders of equity in the enterprise concerned, and such forms 
of direct investment as may be determined by the Board.
    (b) The Board, by special majority, may extend eligibility 
to any other medium- or long-term form of investment, except 
that loans other than those mentioned in Section (a) above may 
be eligible only if they are related to a specific investment 
covered or to be covered by the Agency.
    (c) Guarantees shall be restricted to investments the 
implementation of which begins subsequent to the registration 
of the application for the guarantee by the Agency. Such 
investments may include:
          (i) any transfer of foreign exchange made to 
        modernize, expand, or develop an existing investment; 
        and
          (ii) the use of earnings from existing investments 
        which could otherwise be transferred outside the host 
        country.
    (d) In guaranteeing an investment, the Agency shall satisfy 
itself as to:
          (i) the economic soundness of the investment and its 
        contribution to the development of the host country;
          (ii) compliance of the investment with the host 
        country's laws and regulations;
          (iii) consistency of the investment with the declared 
        development objectives and priorities of the host 
        country; and
          (iv) the investment conditions in the host country, 
        including the availability of fair and equitable 
        treatment and legal protection for the investment.

                     article 13. eligible investors

    (a) Any natural person and any juridical person may be 
eligible to receive the Agency's guarantee provided that:
          (i) such natural person is a national of a member 
        other than the host country;
          (ii) such juridical person is incorporated and has 
        its principal place of business in a member or the 
        majority of its capital is owned by a member or members 
        or nationals thereof, provided that such member is not 
        the host country in any of the above cases; and
          (iii) such juridical person, whether or not it is 
        privately owned, operates on a commercial basis.
    (b) In case the investor has more than one nationality, for 
the purposes of Section (a) above the nationality of a member 
shall prevail over the nationality of a non-member, and the 
nationality of the host country shall prevail over the 
nationality of any other member.
    (c) Upon the joint application of the investor and the host 
country, the Board, by special majority, may extend eligibility 
to a natural person who is a national of the host country or a 
juridical person which is incorporated in the host country or 
the majority of whose capital is owned by its nationals, 
provided that the assets invested are transferred from outside 
the host country.

                  article 14. eligible host countries

    Investments shall be guaranteed under this Chapter only if 
they are to be made in the territory of a developing member 
country.

                   article 15. host country approval

    The Agency shall not conclude any contract of guarantee 
before the host government has approved the issuance of the 
guarantee by the Agency against the risks designated for cover.

                    article 16. terms and conditions

    The terms and conditions of each contract of guarantee 
shall be determined by the Agency subject to such rules and 
regulations as the Board shall issue, provided that the Agency 
shall not cover the total loss of the guaranteed investment. 
Contracts of guarantee shall be approved by the President under 
the direction of the Board.

                     article 17. payment of claims

    The President under the direction of the Board shall decide 
on the payment of claims to a holder of guarantee in accordance 
with the contract of guarantee and such policies as the Board 
may adopt. Contracts of guarantee shall require holders of 
guarantees to seek, before a payment is made by the Agency, 
such administrative remedies as may be appropriate under the 
circumstances, provided that they are readily available to them 
under the laws of the host country. Such contracts may require 
the lapse of certain reasonable periods between the occurrence 
of events giving rise to claims and payments of claims.

                        article 18. subrogation

    (a) Upon paying or agreeing to pay compensation to a holder 
of a guarantee, the Agency shall be subrogated to such rights 
or claims related to the guaranteed investment as the holder of 
a guarantee may have had against the host country and other 
obligors. The contract of guarantee shall provide the terms and 
conditions of such subrogation.
    (b) The rights of the Agency pursuant to Section (a) above 
shall be recognized by all members.
    (c) Amounts in the currency of the host country acquired by 
the Agency as subrogee pursuant to Section (a) above shall be 
accorded, with respect to use and conversion, treatment by the 
host country as favorable as the treatment to which such funds 
would be entitled in the hands of the holder of the guarantee. 
In any case, such amounts may be used by the Agency for the 
payment of its administrative expenditures and other costs. The 
Agency shall also seek to enter into arrangements with host 
countries on other uses of such currencies to the extent that 
they are not freely usable.

       article 19. relationship to national and regional entities

    The Agency shall cooperate with, and seek to complement the 
operations of, national entities of members and regional 
entities the majority of whose capital is owned by members, 
which carry out activities similar to those of the Agency, with 
a view to maximizing both the efficiency of their respective 
services and their contribution to increased flows of foreign 
investment. To this end, the Agency may enter into arrangements 
with such entities on the details of such cooperation, 
including in particular the modalities of reinsurance and 
coinsurance.

       article 20. reinsurance of national and regional entities

    (a) The Agency may issue reinsurance in respect of a 
specific investment against a loss resulting from one or more 
of the non-commercial risks underwritten by a member or agency 
thereof or by a regional investment guarantee agency the 
majority of whose capital is owned by members. The Board, by 
special majority, shall from time to time prescribe maximum 
amounts of contingent liability which may be assumed by the 
Agency with respect to reinsurance contracts. In respect of 
specific investment which have been completed more than twelve 
months prior to receipt of the application for reinsurance by 
the Agency, the maximum amount shall initially be set at ten 
percent of the aggregate contingent liability of the Agency 
under this Chapter. The conditions of eligibility specified in 
Articles 11 to 14 shall apply to reinsurance operations, except 
that the reinsured investments need not be implemented 
subsequent to the application for reinsurance.
    (b) The mutual rights and obligations of the Agency and a 
reinsured member or agency shall be stated in contracts of 
reinsurance subject to such rules and regulations as the Board 
shall issue. The Board shall approve each contract for 
reinsurance covering an investment which has been made prior to 
receipt of the application for reinsurance by the Agency, with 
a view to minimizing risks, assuring that the Agency receives 
premiums commensurate with its risk, and assuring that the 
reinsured entity is appropriately committed toward promoting 
new investment in developing member countries.
    (c) The Agency shall, to the extent possible, assure that 
it or the reinsured entity shall have the rights of subrogation 
and arbitration equivalent to those the Agency would have if it 
were the primary guarantor. The terms and conditions of 
reinsurance shall require that administrative remedies are 
sought in accordance with Article 17 before a payment is made 
by the Agency. Subrogation shall be effective with respect to 
the host country concerned only after its approval of the 
reinsurance by the Agency. The Agency shall include in the 
contracts of reinsurance provisions requiring the reinsured to 
pursue with due diligence the rights or claims related to the 
reinsured investment.

   article 21. cooperation with private insurers and with reinsurers

    (a) The Agency may enter into arrangements with private 
insurers in member countries to enhance its own operations and 
encourage such insurers to provide coverage of non-commercial 
risks in developing member countries on conditions similar to 
those applied by the Agency. Such arrangements may include the 
provision of reinsurance by the Agency under the conditions and 
procedures specified in Article 20.
    (b) The Agency may reinsure with any appropriate 
reinsurance entity, in whole or in part, any guarantee or 
guarantees issued by it.
    (c) The Agency will in particular seek to guarantee 
investments for which comparable coverage on reasonable terms 
is not available from private insurers and reinsurers.

                    article 22. limits of guarantee

    (a) Unless determined otherwise by the Council by special 
majority, the aggregate amount of contingent liabilities which 
may be assumed by the Agency under this Chapter shall not 
exceed one hundred and fifty percent of the amount of the 
Agency's unimpaired subscribed capital and its reserves plus 
such portion of its reinsurance cover as the Board may 
determine. The Board shall from time to time review the risk 
profile of the Agency's portfolio in the light of its 
experience with claims, degree of risk diversification, 
reinsurance cover and other relevant factors with a view to 
ascertaining whether changes in the maximum aggregate amount of 
contingent liabilities should be recommended to the Council. 
The maximum amount determined by the Council shall not under 
any circumstance exceed five times the amount of the Agency's 
unimpaired subscribed capital, its reserves and such portion of 
its reinsurance cover as may be deemed appropriate.
    (b) Without prejudice to the general limit of guarantee 
referred to in Section (a) above, the Board may prescribe:
          (i) maximum aggregate amounts of contingent liability 
        which may be assumed by the Agency under this Chapter 
        for all guarantees issued to investors of each 
        individual member. In determining such maximum amounts, 
        the Board shall give due consideration to the share of 
        the respective member in the capital of the Agency and 
        the need to apply more liberal limitations in respect 
        of investments originating in developing member 
        countries; and
          (ii) maximum aggregate amounts of contingent 
        liability which may be assumed by the Agency with 
        respect to such risk diversification factors as 
        individual projects, individual host countries and 
        types of investment or risk.

                    article 23. investment promotion

    (a) The Agency shall carry out research, undertake 
activities to promote investment flows and disseminate 
information on investment opportunities in developing member 
countries, with a view to improving the environment for foreign 
investment flows to such countries. The Agency may, upon the 
request of a member, provide technical advice and assistance to 
improve the investment conditions in the territories of that 
member. In performing these activities, the Agency shall:
          (i) be guided by relevant investment agreements among 
        member countries;
          (ii) seek to remove impediments, in both developed 
        and developing member countries; and
          (iii) coordinate with other agencies concerned with 
        the promotion of foreign investment, and in particular 
        the International Finance Corporation.
    (b) The Agency also shall:
          (i) encourage the amicable settlement of disputes 
        between investors and host countries;
          (ii) endeavor to conclude agreements with developing 
        member countries, and in particular with prospective 
        host countries, which will assure that the Agency, with 
        respect to investment guaranteed by it, has treatment 
        at least as favorable as that agreed by the member 
        concerned for the most favored investment guarantee 
        agency or State in an agreement relating to investment, 
        such agreements to be approved by special majority of 
        the Board; and
          (iii) promote and facilitate the conclusion of 
        agreements, among its members, on the promotion and 
        protection of investments.
    (c) The Agency shall give particular attention in its 
promotional efforts to the importance of increasing the flow of 
investments among developing member countries.

            article 24. guarantees of sponsored investments

    In addition to the guarantee operations undertaken by the 
Agency under this Chapter, the Agency may guarantee investments 
under the sponsorship arrangements provided for in Annex I to 
this Convention.

                    Chapter IV--Financial Provisions

                    article 25. financial management

    The Agency shall carry out its activities in accordance 
with sound business and prudent financial management practices 
with a view to maintaining under all circumstances its ability 
to meet its financial obligations.

                     article 26. premiums and fees

    The Agency shall establish and periodically review the 
rates of premiums, fees and other charges, if any, applicable 
to each type of risk.

                  article 27. allocation of net income

    (a) Without prejudice to the provisions of Section (a) 
(iii) of Article 10, the Agency shall allocate net income to 
reserves until such reserves reach five times the subscribed 
capital of the Agency.
    (b) After the reserves of the Agency have reached the level 
prescribed in Section (a) above, the Council shall decide 
whether, and to what extent, the Agency's net income shall be 
allocated to reserves, be distributed to the Agency's members 
or be used otherwise. Any distribution of net income to the 
Agency's members shall be made in proportion to the share of 
each member in the capital of the Agency in accordance with a 
decision of the Council acting by special majority.

                           article 28. budget

    The President shall prepare an annual budget of revenues 
and expenditures of the Agency for approval by the Board.

                          article 29. accounts

    The Agency shall publish an Annual Report which shall 
include statements of its accounts and of the accounts of the 
Sponsorship Trust Fund referred to in Annex I to this 
Convention, as audited by independent auditors. The Agency 
shall circulate to members at appropriate intervals a summary 
statement of its financial position and a profit and loss 
statement showing the results of its operations.

                 Chapter V--Organization and Management

                  article 30. structure of the agency

    The Agency shall have a Council of Governors, a Board of 
Directors, a President and staff to perform such duties as the 
Agency may determine.

                        article 31. the council

    (a) All the powers of the Agency shall be vested in the 
Council, except such powers as are, by the terms of this 
Convention, specifically conferred upon another organ of the 
Agency. The Council may delegate to the Board the exercise of 
any of its powers, except the power to:
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) suspend a member;
          (iii) decide on any increase or decrease in the 
        capital;
          (iv) increase the limit of the aggregate amount of 
        contingent liabilities pursuant to Section (a) of 
        Article 22;
          (v) designate a member as a developing member country 
        pursuant to Section (c) of Article 3;
          (vi) classify a new member as belonging to Category 
        One or Category Two for voting purposes pursuant to 
        Section (a) of Article 39 or reclassify an existing 
        member for the same purposes;
          (vii) determine the compensation of Directors and 
        their Alternates;
          (viii) cease operations and liquidate the Agency;
          (ix) distribute assets to members upon liquidation; 
        and
          (x) amend this Convention, its Annexes and Schedules.
    (b) The Council shall be composed of one Governor and one 
Alternate appointed by each member in such manner as it may 
determine. No Alternate may vote except in the absence of his 
principal. The Council shall select one of the Governors as 
Chairman.
    (c) The Council shall hold an annual meeting and such other 
meetings as may be determined by the Council or called by the 
Board. The Board shall call a meeting of the Council whenever 
requested by five members or by members having twenty-five 
percent of the total voting power.

                         article 32. the board

    (a) The Board shall be responsible for the general 
operations of the Agency and shall take, in the fulfillment of 
this responsibility, any action required or permitted under 
this Convention.
    (b) The Board shall consist of not less than twelve 
Directors. The number of Directors may be adjusted by the 
Council to take into account charges in membership. Each 
Director may appoint an Alternate with full power to act for 
him in case of the Director's absence or inability to act. The 
President of the Bank shall be ex officio Chairman of the 
Board, but shall have not vote except a deciding vote in case 
of an equal division.
    (c) The Council shall determine the term of office of the 
Directors. The first Board shall be constituted by the Council 
at its inaugural meeting.
    (d) The Board shall meet at the call of its Chairman acting 
on his own initiative or upon request of three Directors.
    (e) Until such time as the Council may decide that the 
Agency shall have a resident Board which functions in 
continuous session, the Directors and Alternates shall receive 
compensation only for the cost of attendance at the meetings of 
the Board and the discharge of other official functions on 
behalf of the Agency. Upon the establishment of a Board in 
continuous session, the Directors and Alternates shall receive 
such remuneration as may be determined by the Council.

                    article 33. president and staff

    (a) The President shall, under the general control of the 
Board, conduct the ordinary business of the Agency. He shall be 
responsible for the organization, appointment and dismissal of 
the staff.
    (b) The President shall be appointed by the Board on the 
nomination of its Chairman. The Council shall determine the 
salary and terms of the contract of service of the President.
    (c) In the discharge of their offices, the President and 
the staff owe their duty entirely to the Agency and to no other 
authority. Each member of the Agency shall respect the 
international character of this duty and shall refrain from all 
attempts to influence the President or the staff in the 
discharge of their duties.
    (d) In appointing the staff, the President shall, subject 
to the paramount importance of securing the highest standards 
of efficiency and of technical competence, pay due regard to 
the importance of recruiting personnel on as wide a 
geographical basis as possible.
    (e) The President and staff shall maintain at all times the 
confidentiality of information obtained in carrying out the 
Agency's operations.

               article 34. political activity prohibited

    The Agency, its President and staff shall not interfere in 
the political affairs of any member. Without prejudice to the 
right of the Agency to take into account all the circumstances 
surrounding an investment, they shall not be influenced in 
their decisions by the political character of the member or 
members concerned. Considerations relevant to their decisions 
shall be weighed impartially in order to achieve the purposes 
stated in Article 2.

         article 35. relations with international organizations

    The Agency shall, within the terms of this Convention, 
cooperate with the United Nations and with other inter-
governmental organizations having specialized responsibilities 
in related fields, including in particular the Bank and the 
International Finance Corporation.

                article 36. location of principal office

    (a) The principal office of the Agency shall be located in 
Washington, D.C., unless the Council, by special majority, 
decides to establish it in another location.
    (b) The Agency may establish other offices as may be 
necessary for its work.

                  article 37. depositories for assets

    Each member shall designate its central bank as a 
depository in which the Agency may keep holdings of such 
member's currency or other assets of the Agency or, if it has 
no central bank, it shall designate for such purpose such other 
institution as may be acceptable to the Agency.

                  article 38. channel of communication

    (a) Each member shall designate an appropriate authority 
with which the Agency may communicate in connection with any 
matter arising under this Convention. The Agency may rely on 
statements of such authority as being statements of the member. 
The Agency, upon the request of a member, shall consult with 
that member with respect to matters dealt with in Articles 19 
to 21 and related to entities or insurers of that member.
    (b) Whenever the approval of any member is required before 
any act may be done by the Agency, approval shall be deemed to 
have been given unless the member presents an objection within 
such reasonable period as the Agency may fix in notifying the 
member of the proposed act.

  Chapter VI--Voting, Adjustments of Subscriptions and Representation

          article 39. voting and adjustments of subscriptions

    (a) In order to provide for voting arrangements that 
reflect the equal interest in the Agency of the two Categories 
of States listed in Schedule A of this Convention, as well as 
the importance of each member's financial participation, each 
member shall have 177 membership votes plus one subscription 
vote for each share of stock held by that member.
    (b) If at any time within three years after the entry into 
force of this Convention the aggregate sum of membership and 
subscription votes of members which belong to either of the two 
Categories of States listed in Schedule A of this Convention is 
less than forty percent of the total voting power, members from 
such a Category shall have such number of supplementary votes 
as shall be necessary for the aggregate voting power of the 
Category to equal such a percentage of the total voting power. 
Such supplementary votes shall be distributed among the members 
of such Category in the proportion that the subscription votes 
of each bears to the aggregate of subscription votes for the 
Category. Such supplementary votes shall be subject to 
automatic adjustment to ensure that such percentage is 
maintained and shall be canceled at the end of the above-
mentioned three-year period.
    (c) During the third year following the entry into force of 
this Convention, the Council shall review the allocation of 
shares and shall be guided in its decision by the following 
principles:
          (i) the votes of members shall reflect actual 
        subscriptions to the Agency's capital and the 
        membership votes as set out in Section (a) of this 
        Article;
          (ii) shares allocated to countries which shall not 
        have signed the Convention shall be made available for 
        reallocation to such members and in such manner as to 
        make possible voting parity between the above-mentioned 
        Categories; and
          (iii) the Council will take measures that will 
        facilitate members' ability to subscribe to shares 
        allocated to them.
    (d) Within the three-year period provided for in Section 
(b) of this Article, all decisions of the Council and Board 
shall be taken by special majority, except that decisions 
requiring a higher majority under this Convention shall be 
taken by such higher majority.
    (e) In case the capital stock of the Agency is increased 
pursuant to Section (c) of Article 5, each member which so 
requests shall be authorized to subscribe a proportion of the 
increase equivalent to the proportion which its stock 
theretofore subscribed bears to the total capital stock of the 
Agency, but no member shall be obligated to subscribe any part 
of the increased capital.
    (f) The Council shall issue regulations regarding the 
making of additional subscriptions under Section (e) of this 
Article. Such regulations shall prescribe reasonable time 
limits for the submission by members of requests to make such 
subscriptions.

                   article 40. voting in the council

    (a) Each Governor shall be entitled to cast the votes of 
the member he represents. Except as otherwise specified in this 
Convention, decisions of the Council shall be taken by a 
majority of the votes cast.
    (b) A quorum for any meeting of the Council shall be 
constituted by a majority of the Governors exercising not less 
than two-thirds of the total voting power.
    (c) The Council may by regulation establish a procedure 
whereby the Board, when its deems such action to be in the best 
interests of the Agency, may request a decision of the Council 
on a specific questions without calling a meeting of the 
Council.

                   article 41. election of directors

    (a) Directors shall be elected in accordance with Schedule 
B.
    (b) Directors shall continue in office until their 
successors are elected. If the office of a Director becomes 
vacant more than ninety days before the end of his term, 
another Director shall be elected for the remainder of the term 
by the Governors who elected the former Director. A majority of 
the votes cast shall be required for election. While the office 
remains vacant, the Alternate of the former Director shall 
exercise his powers, except that of appointing an Alternate.

                    article 42. voting in the board

    (a) Each Director shall be entitled to cast the number of 
votes of the members whose votes counted towards his election. 
All the votes which a Director is entitled to cast shall be 
cast as a unit. Except as otherwise specified in this 
Convention, decisions of the Board shall be taken by a majority 
of the votes cast.
    (b) A quorum for a meeting of the Board shall be 
constituted by a majority of the Directors exercising not less 
than one-half of the total voting power.
    (c) The Board may by regulation establish a procedure 
whereby its Chairman, when he deems such action to be in the 
best interests of the Agency, may request a decision of the 
Board on a specific question without calling a meeting of the 
Board.

                 Chapter VII--Privileges and Immunities

                    article 43. purposes of chapter

    To enable the Agency to fulfill its functions, the 
immunities and privileges set forth in this Chapter shall be 
accorded to the Agency in the territories of each member.

                       article 44. legal process

    Actions other than those within the scope of Articles 57 
and 58 may be brought against the Agency only in a court of 
competent jurisdiction in the territories of a member in which 
the Agency has an office or has appointed an agent for the 
purpose of accepting service or notice of process. No such 
action against the Agency shall be brought (i) by members of 
persons acting for or deriving claims from members or (ii) in 
respect of personnel matters. The property and assets of the 
Agency shall, wherever located and by whomsoever held, be 
immune from all forms of seizure, attachment or execution 
before the delivery of the final judgment or award against the 
Agency.

                           article 45. assets

    (a) The property and assets of the Agency, wherever located 
and by whomsoever held, shall be immune from search, 
requisition, confiscation, expropriation or any other form of 
seizure by executive or legislative action.
    (b) To the extent necessary to carry out its operations 
under this Convention, all property and assets of the Agency 
shall be free from restrictions, regulations, controls and 
moratoria of any nature; provided that property and assets 
acquired by the Agency as successor to or subrogee of a holder 
of a guarantee, a reinsured entity or an investor insured by a 
reinsured entity shall be free from applicable foreign exchange 
restrictions, regulations and controls in force in the 
territories of the member concerned to the extent that the 
holder, entity or investor to whom the Agency was subrogated 
was entitled to such treatment.
    (c) For purposes of this Chapter, the term ``assets'' shall 
include the assets of the Sponsorship Trust Fund referred to in 
Annex I to this Convention and other assets administered by the 
Agency in furtherance of its objective.

                article 46. archives and communications

    (a) The archives of the Agency shall be inviolable, 
wherever they may be.
    (b) The official communications of the Agency shall be 
accorded by each member the same treatment that is accorded to 
the official communications of the Bank.

                           article 47. taxes

    (a) The Agency, its assets, property and income, and its 
operations and transactions authorized by this Convention, 
shall be immune from all taxes and customs duties. The Agency 
shall also be immune from liability for the collection or 
payment of any tax or duty.
    (b) Except in the case of local nationals, no tax shall be 
levied on or in respect of expense allowances paid by the 
Agency to Governors and their Alternates or on or in respect of 
their salaries, expense allowances or other emoluments paid by 
the Agency to the Chairman of the Board, Directors, their 
Alternates, the President or staff of the Agency.
    (c) No taxation of any kind shall be levied on any 
investment guaranteed or reinsured by the Agency (including any 
earnings therefrom) or any insurance policies reinsured by the 
Agency (including any premiums and other revenues therefrom) by 
whomsoever held: (i) which discriminates against such 
investment or insurance policy solely because it is guaranteed 
or reinsured by the Agency; or (ii) if the sole jurisdictional 
basis for such taxation is the location of any office or place 
of business maintained by the Agency.

                  article 48. officials of the agency

    All Governors, Directors, Alternates, the President and 
staff of the Agency:
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity;
          (ii) not being local nationals, shall be accorded the 
        same immunities from immigration restrictions, alien 
        registration requirements and national service 
        obligations, and the same facilities as regards 
        exchange restrictions as are accorded by the members 
        concerned to the representatives, officials and 
        employees of comparable rank of other members; and
          (iii) shall be granted the same treatment in respect 
        of travelling facilities as is accorded by the members 
        concerned to representatives, officials and employees 
        of comparable rank of other members.

                article 49. application of this chapter

    Each member shall take such action as is necessary in its 
own territories for the purpose of making effective in terms of 
its own law the principles set forth in this Chapter and shall 
inform the Agency of the detailed action which it has taken.

                           article 50. waiver

    The immunities, exemptions and privileges provided in this 
Chapter are granted in the interests of the Agency and may be 
waived, to such extent and upon such conditions as the Agency 
may determine, in cases where such a waiver would not prejudice 
its interests. The Agency shall waive the immunity of any of 
its staff in cases where, in its opinion, the immunity would 
impede the course of justice and can be waived without 
prejudice to the interests of the Agency.

  Chapter VIII--Withdrawal, Suspension of Membership and Cessation of 
                               Operations

                         article 51. withdrawal

    Any member may, after the expiration of three years 
following the date upon which this Convention has entered into 
force with respect to such member, withdraw from the Agency at 
any time by giving notice in writing to the Agency at its 
principal office. The Agency shall notify the Bank, as 
depository of this Convention, of the receipt of such notice. 
Any withdrawal shall become effective ninety days following the 
date of the receipt of such notice by the Agency. A member may 
revoke such notice as long as it has not become effective.

                  article 52. suspension of membership

    (a) If a member fails to fulfill any of its obligations 
under this Convention, the Council may, by a majority of its 
members exercising a majority of the total voting power, 
suspend its membership.
    (b) While under suspension a member shall have no rights 
under this Convention, except for the right of withdrawal and 
other rights provided in this Chapter and Chapter IX, but shall 
remain subject to all its obligations.
    (c) For purposes of determining eligibility for a guarantee 
or reinsurance to be issued under Chapter III or Annex I to 
this Convention, a suspended member shall not be treated as a 
member of the Agency.
    (d) The suspended member shall automatically cease to be a 
member one year from the date of its suspension unless the 
Council decides to extend the period of suspension or to 
restore the member to good standing.

     article 53. rights and duties of states ceasing to be members

    (a) When a State ceases to be a member, it shall remain 
liable for all its obligations, including its contingent 
obligations, under this Convention which shall have been in 
effect before the cessation of its membership.
    (b) Without prejudice to Section (a) above, the Agency 
shall enter into an arrangement with such State for the 
settlement of their respective claims and obligations. Any such 
arrangement shall be approved by the Board.

                  article 54. suspension of operations

    (a) The Board may, whenever it deems it justified, suspend 
the issuance of new guarantees for a specified period.
    (b) In an emergency, the Board may suspend all activities 
of the Agency for a period not exceeding the duration of such 
emergency, provided that necessary arrangements shall be made 
for the protection of the interests of the Agency and of third 
parties.
    (c) The decision to suspend operations shall have no effect 
on the obligations of the members under this Convention or on 
the obligations of the Agency towards holders of a guarantee or 
reinsurance policy or towards third parties.

                        article 55. liquidation

    (a) The Council, by special majority, may decide to cease 
operations and to liquidate the Agency. Thereupon the Agency 
shall forthwith cease all activities, except those incident to 
the orderly realization, conservation and preservation of 
assets and settlement of obligations. Until final settlement 
and distribution of assets, the Agency shall remain in 
existence and all rights and obligations of members under this 
Convention shall continue unimpaired.
    (b) No distribution of assets shall be made to members 
until all liabilities to holders of guarantees and other 
creditors shall have been discharged or provided for and until 
the Council shall have decided to make such distribution.
    (c) Subject to the foregoing, the Agency shall distribute 
its remaining assets to members in proportion to each member's 
share in the subscribed capital. The Agency shall also 
distribute any remaining assets of the Sponsorship Trust Fund 
referred to in Annex I to this Convention to sponsoring members 
in the proportion which the investments sponsored by each bears 
to the total of sponsored investments. No member shall be 
entitled to its share in the assets of the Agency or the 
Sponsorship Trust Fund unless that member has settled all 
outstanding claims by the Agency against it. Every distribution 
of assets shall be made at such times as the Council shall 
determine and in such manner as it shall deem fair and 
equitable.

                   Chapter IX--Settlement of Disputes

      article 56. interpretation and application of the convention

    (a) Any question of interpretation or application of the 
provisions of this Convention arising between any member of the 
Agency and the Agency or among members of the Agency shall be 
submitted to the Board for its decision. Any member which is 
particularly affected by the question and which is not 
otherwise represented by a national in the Board may send a 
representative to attend any meeting of the Board at which such 
question is considered.
    (b) In any case where the Board has given a decision under 
Section (a) above, any member may require that the question be 
referred to the Council, whose decision shall be final. Pending 
the result of the referral to the Council, the Agency may, so 
far as it deems necessary, act on the basis of the decision of 
the Board.

          article 57. disputes between the agency and members

    (a) Without prejudice to the provisions of Article 56 and 
of Section (b) of this Article, any dispute between the Agency 
and a member or an agency thereof and any dispute between the 
Agency and a country (or agency thereof) which has ceased to be 
a member, shall be settled in accordance with the procedure set 
out in Annex II to this Convention.
    (b) Disputes concerning claims of the Agency acting as 
subrogee of an investor shall be settled in accordance with 
either (i) the procedure set out in Annex II to this 
Convention, or (ii) an agreement to be entered into between the 
Agency and the member concerned on an alternative method or 
methods for the settlement of such disputes. In the latter 
case, Annex II to this Convention shall serve as a basis for 
such an agreement which shall, in each case, be approved by the 
Board by special majority prior to the undertaking by the 
Agency of operations in the territories of the member 
concerned.

  article 58. disputes involving holders of a guarantee or reinsurance

    Any dispute arising under a contract of guarantee or 
reinsurance between the parties thereto shall be submitted to 
arbitration for final determination in accordance with such 
rules as shall be provided for or referred to in the contract 
of guarantee or reinsurance.

                         Chapter X--Amendments

                    article 59. amendment by council

    (a) This Convention and its Annexes may be amended by vote 
of three-fifths of the Governors exercising four-fifths of the 
total voting power, provided that:
          (i) any amendment modifying the right to withdraw 
        from the Agency provided in Article 51 or the 
        limitation on liability provided in Section (d) of 
        Article 8 shall require the affirmative vote of all 
        Governors; and
          (ii) any amendment modifying the loss-sharing 
        arrangement provided in Articles 1 and 3 of Annex I to 
        this Convention which will result in an increase in any 
        member's liability thereunder shall require the 
        affirmative vote of the Governor of each such member.
    (b) Schedules A and B to this Convention may be amended by 
the Council by special majority.
    (c) If an amendment affects any provision of Annex I to 
this Convention, total votes shall include the additional votes 
allotted under Article 7 of such Annex to sponsoring members 
and countries hosting sponsored investments.

                         article 60. procedure

    Any proposal to amend this Convention, whether emanating 
from a member or a Governor or a Director, shall be 
communicated to the Chairman of the Board who shall bring the 
proposal before the Board. If the proposed amendment is 
recommended by the Board, it shall be submitted to the Council 
for approval in accordance with Article 59. When an amendment 
has been duly approved by the Council, the Agency shall so 
certify by formal communication addressed to all members. 
Amendments shall enter into force for all members ninety days 
after the date of the formal communication unless the Council 
shall specify a different date.

                      Chapter XI--Final Provisions

                      article 61. entry into force

    (a) This Convention shall be open for signature on behalf 
of all members of the Bank and Switzerland and shall be subject 
to ratification, acceptance or approval by the signatory States 
in accordance with their constitutional procedures.
    (b) This Convention shall enter into force on the day when 
not less than five instruments of ratification, acceptance or 
approval shall have been deposited on behalf of signatory 
States in Category One, and not less than fifteen such 
instruments shall have been deposited on behalf of signatory 
States in Category Two; provided that total subscriptions of 
these States amount to not less than one-third of the 
authorized capital of the Agency as prescribed in Article 5.
    (c) For each State which deposits its instrument of 
ratification, acceptance or approval after this Convention 
shall have entered into force, this Convention shall enter into 
force on the date of such deposit.
    (d) If this Convention shall not have entered into force 
within two years after its opening for signature, the President 
of the Bank shall convene a conference of interested countries 
to determine the future course of action.

                     article 62. inaugural meeting

    Upon entry into force of this Convention, the President of 
the Bank shall call the inaugural meeting of the Council. This 
meeting shall be held at the principal office of the Agency 
within sixty days from the date on which this Convention has 
entered into force or as soon as practicable thereafter.

                         article 63. depository

    Instruments of ratification, acceptance or approval of this 
Convention and amendments thereto shall be deposited with the 
Bank which shall act as the depository of this Convention. The 
depository shall transmit certified copies of this Convention 
to States members of the Bank and to Switzerland.

                        article 64. registration

    The depository shall register this Convention with the 
Secretariat of the United Nations in accordance with Article 
102 of the Charter of the United Nations and the Regulations 
thereunder adopted by the General Assembly.

                        article 65. notification

    The depository shall notify all signatory States and, upon 
the entry into force of this Convention, the Agency of the 
following:
    (a) signatures of this Convention;
    (b) deposits of instruments of ratification, acceptance and 
approval in accordance with Article 63;
    (c) the date on which this Convention enters into force in 
accordance with Article 61;
    (d) exclusions from territorial application pursuant to 
Article 66; and
    (e) withdrawal of a member from the Agency pursuant to 
Article 51.

                  article 66. territorial application

    This Convention shall apply to all territories under the 
jurisdiction of a member including the territories for whose 
international relations a member is responsible, except those 
which are excluded by such member by written notice to the 
depository of this Convention either at the time of 
ratification, acceptance or approval or subsequently.

                      article 67. periodic reviews

    (a) The Council shall periodically undertake comprehensive 
reviews of the activities of the Agency as well as the results 
achieved with a view to introducing any changes required to 
enhance the Agency's ability to serve its objectives.
    (b) The first such review shall take place five years after 
the entry into force of this Convention. The dates of 
subsequent reviews shall be determined by the Council.

    Done at Seoul, in a single copy which shall remain 
deposited in the archives of the International Bank for 
Reconstruction and Development, which has indicated by its 
signature below its agreement to fulfill the functions with 
which it is charged under this Convention.

     Annex I--Guarantees of Sponsored Investments Under Article 24

                         article 1. sponsorship

    (a) Any member may sponsor for guarantee an investment to 
be made by an investor of any nationality or by investors of 
any or several nationalities.
    (b) Subject to the provisions of Section (b) and (c) of 
Article 3 of this Annex, each sponsoring member shall share 
with the other sponsoring members in losses under guarantees of 
sponsored investments, when and to the extent that such losses 
cannot be covered out of the Sponsorship Trust Fund referred to 
in Article 2 of this Annex, in the proportion which the amount 
of maximum contingent liability under the guarantees of 
investments sponsored by it bears to the total amount of 
maximum contingent liability under the guarantees of 
investments sponsored by all members.
    (c) In its decisions on the issuance of guarantees under 
this Annex, the Agency shall pay due regard to the prospects 
that the sponsoring member will be in a position to meet its 
obligations under this Annex and shall give priority to 
investments which are co-sponsored by the host countries 
concerned.
    (d) The Agency shall periodically consult with sponsoring 
members with respect to its operations under this Annex.

                   article 2. sponsorship trust fund

    (a) Premiums and other revenues attributable to guarantees 
of sponsored investments, including returns on the investment 
of such premiums and revenues, shall be held in a separate 
account which shall be called the Sponsorship Trust Fund.
    (b) All administrative expenses and payments on claims 
attributable to guarantees issued under this Annex shall be 
paid out of the Sponsorship Trust Fund.
    (c) The assets of the Sponsorship Trust Fund shall be held 
and administered for the joint account of sponsoring members 
and shall be kept separate and apart from the assets of the 
Agency.

                 article 3. calls on sponsoring members

    (a) To the extent that any amount is payable by the Agency 
on account of a loss under a sponsored guarantee and such 
amount cannot be paid out of assets of the Sponsorship Trust 
Fund, the Agency shall call on each sponsoring member to pay 
into such Fund its share of such amount as shall be determined 
in accordance with Section (b) of Article 1 of this Annex.
    (b) No member shall be liable to pay any amount on a call 
pursuant to the provisions of this Article if as a result total 
payments made by that member will exceed the total amount of 
guarantees covering investments sponsored by it.
    (c) Upon the expiry of any guarantee covering an investment 
sponsored by a member, the liability of that member shall be 
decreased by an amount equivalent to the amount of such 
guarantee; such liability shall also be decreased on a pro rata 
basis upon payment by the Agency of any claim related to a 
sponsored investment and shall otherwise continue in effect 
until the expiry of all guarantees of sponsored investments 
outstanding at the time of such payment.
    (d) If any sponsoring member shall not be liable for an 
amount of a call pursuant to the provisions of this Article 
because of the limitation contained in Sections (b) and (c) 
above, or if any sponsoring member shall default in payment of 
an amount due in response to any such call, the liability for 
payment of such amount shall be shared pro rata by the other 
sponsoring members. Liability of members pursuant to this 
Section shall be subject to the limitation set forth in 
Sections (b) and (c) above.
    (e) Any payment by a sponsoring member pursuant to a call 
in accordance with this Article shall be made promptly and in 
freely usable currency.

             article 4. valuation of currencies and refunds

    The provisions on valuation of currencies and refunds 
contained in this Convention with respect to capital 
subscriptions shall be applied mutatis mutandis to funds paid 
by members on account of sponsored investments.

                         article 5. reinsurance

    (a) The Agency may, under the conditions set forth in 
Article 1 of this Annex, provide reinsurance to a member, an 
agency thereof, a regional agency as defined in Section (a) of 
Article 20 of this Convention or a private insurer in a member 
country. The provisions of this Annex concerning guarantees and 
of Articles 20 and 21 of this Convention shall be applied 
mutatis mutandis to reinsurance provided under this Section.
    (b) The Agency may obtain reinsurance for investments 
guaranteed by it under this Annex and shall meet the cost of 
such reinsurance out of the Sponsorship Trust Fund. The Board 
may decide whether and to what extent the loss-sharing 
obligation of sponsoring members referred to in Section (b) of 
Article 1 of this Annex may be reduced on account of the 
reinsurance cover obtained.

                   article 6. operational principles

    Without prejudice to the provisions of this Annex, the 
provisions with respect to guarantee operations under Chapter 
III of this Convention and to financial management under 
Chapter IV of this Convention shall applied mutatis mutandis to 
guarantees of sponsored investments except that (i) such 
investments shall qualify for sponsorship if made in the 
territories of any member, and in particular of any developing 
member, by an investor or investors eligible under Section (a) 
of Article 1 of this Annex, and (ii) the Agency shall not be 
liable with respect to its own assets for any guarantee or 
reinsurance issued under this Annex and each contract of 
guarantee or reinsurance concluded pursuant to this Annex shall 
expressly so provide.

                           article 7. voting

    For decisions relating to sponsored investments, each 
sponsoring member shall have one additional vote for each 
10,000 Special Drawing Rights equivalent of the amount 
guaranteed or reinsured on the basis of its sponsorship, and 
each member hosting a sponsored investment shall have one 
additional vote for each 10,000 Special Drawing Rights 
equivalent of the amount guaranteed or reinsured with respect 
to any sponsored investment hosted by it. Such additional votes 
shall be cast only for decisions related to sponsored 
investments and shall otherwise be disregarded in determining 
the voting power of members.

Annex II--Settlement of Disputes Between a Member and the Agency Under 
                               Article 57

                  article 1. application of the annex

    All disputes within the scope of Article 57 of this 
Convention shall be settled in accordance with the procedure 
set out in this Annex, except in the cases where the Agency has 
entered into an agreement with a member pursuant to Section (b) 
(ii) of Article 57.

                         article 2. negotiation

    The parties to a dispute within the scope of this Annex 
shall attempt to settle such dispute by negotiation before 
seeking conciliation or arbitration. Negotiation shall be 
deemed to have been exhausted if the parties fail to reach a 
settlement within a period of one hundred and twenty days from 
the date of the request to enter into negotiation.

                        article 3. conciliation

    (a) If the dispute is not resolved through negotiation, 
either party may submit the dispute to arbitration in 
accordance with the provisions of Article 4 of this Annex, 
unless the parties, by mutual consent, have decided to resort 
first to the conciliation procedure provided for in this 
Article.
    (b) The agreement for recourse to conciliation shall 
specify the matter in dispute, the claims of the parties in 
respect thereof and, if available, the name of the conciliator 
agreed upon by the parties. In the absence of agreement on the 
conciliator, the parties may jointly request either the 
Secretary-General of the International Centre for Settlement of 
Investment Disputes (hereinafter called ICSID) or the President 
of the International Court of Justice to appoint a conciliator. 
The conciliation procedure shall terminate if the conciliator 
has not been appointed within ninety days after the agreement 
for recourse to conciliation.
    (c) Unless otherwise provided in this Annex or agreed upon 
by the parties, the conciliator shall determine the rules 
governing the conciliation procedure and shall be guided in 
this regard by the conciliation rules adopted pursuant to the 
Convention on the Settlement of Investment Disputes between 
States and Nationals of Other States.
    (d) The parties shall cooperate in good faith with the 
conciliator and shall, in particular, provide him with all 
information and documentation which would assist him in the 
discharge of his functions; they shall give their most serious 
consideration to his recommendations.
    (e) Unless otherwise agreed upon by the parties, the 
conciliator shall, within a period not exceeding one hundred 
and eighty days from the date of his appointment, submit to the 
parties a report recording the results of his efforts and 
setting out the issues controversial between the parties and 
his proposals for their settlement.
    (f) Each party shall, within sixty days from the date of 
the receipt of the report, express in writing its views on the 
report to the other party.
    (g) Neither party to a conciliation proceeding shall be 
entitled to have recourse to arbitration unless:
          (i) the conciliator shall have failed to submit his 
        report within the period established in Section (e) 
        above; or
          (ii) the parties shall have failed to accept all of 
        the proposals contained in the report within sixty days 
        after its receipt; or
          (iii) the parties, after an exchange of views on the 
        report, shall have failed to agree on a settlement of 
        all controversial issues within sixty days after 
        receipt of the conciliator's report; or
          (iv) a party shall have failed to express its views 
        on the report as prescribed in Section (f) above.
    (h) Unless the parties agree otherwise, the fees of the 
conciliator shall be determined on the basis of the rates 
applicable to ICSID conciliation. These fees and the other 
costs of the conciliation proceedings shall be borne equally by 
the parties. Each party shall defray its own expenses.

                         article 4. arbitration

    (a) Arbitration proceedings shall be instituted by means of 
a notice by the party seeking arbitration (the claimant) 
addressed to the other party or parties to the dispute (the 
respondent). The notice shall specify the nature of the 
dispute, the relief sought and the name of the arbitrator 
appointed by the claimant. The respondent shall, within thirty 
days after the date of receipt of the notice, notify the 
claimant of the name of the arbitrator appointed by it. The two 
parties shall, within a period of thirty days from the date of 
appointment of the second arbitrator, select a third 
arbitrator, who shall act as President of the Arbitral Tribunal 
(the Tribunal).
    (b) If the Tribunal shall not have been constituted within 
sixty days form the date of the notice, the arbitrator not yet 
appointed or the President not yet selected shall be appointed, 
at the joint request of the parties, by the Secretary-General 
of ICSID. If there is no such joint request, or if the 
Secretary-General shall fail to make the appointment within 
thirty days of the request, either party may request the 
President of the International Court of Justice to make the 
appointment.
    (c) No party shall have the right change the arbitrator 
appointed by it once the hearing of the dispute has commenced. 
In case any arbitrator (including the President of the 
Tribunal) shall resign, die, or become incapacitated, a 
successor shall be appointed in the manner followed in the 
appointment of his predecessor and such successor shall have 
the same powers and duties of the arbitrator he succeeds.
    (d) The Tribunal shall convene first at such time and place 
as shall be determined by the President. Thereafter, the 
Tribunal shall determine the place and dates of its meetings.
    (e) Unless otherwise provided in this Annex or agreed upon 
by the parties, the Tribunal shall determine its procedure and 
shall be guided in this regard by the arbitration rules adopted 
pursuant to the Convention on the Settlement of Investment 
Disputes between States and Nationals of Other States.
    (f) The Tribunal shall be the judge of its own competence 
except that, if an objection is raised before the Tribunal to 
the effect that the dispute falls within the jurisdiction of 
the Board or the Council under Article 56 or within the 
jurisdiction of a judicial or arbitral body designated in an 
agreement under Article 1 of this Annex and the Tribunal is 
satisfied that the objection is genuine, the objection shall be 
referred by the Tribunal to the Board or the Council or the 
designated body, as the case may be, and arbitration 
proceedings shall be stayed until a decision has been reached 
on the matter, which shall be binding upon the Tribunal.
    (g) The Tribunal shall, in any dispute within the scope of 
this Annex, apply the provisions of this Convention, any 
relevant agreement between the parties to the dispute, the 
Agency's by-laws and regulations, the applicable rules of 
international law, the domestic law of the member concerned as 
well as the applicable provisions of the investment contract, 
if any. Without prejudice to the provisions of this Convention, 
the Tribunal may decide a dispute ex aequo et bono if the 
Agency and the member concerned so agree. The Tribunal may not 
bring a finding of non liquet on the ground of silence or 
obscurity of the law.
    (h) The Tribunal shall afford a fair hearing to all the 
parties. All decisions of the Tribunal shall be taken by a 
majority vote and shall state the reasons on which they are 
based. The award of the Tribunal shall be in writing, and shall 
be signed by at least two arbitrators and a copy thereof shall 
be transmitted to each party. The award shall be final and 
binding upon the parties and shall not be subject to appeal, 
annulment or revision.
    (i) If any dispute shall arise between the parties as to 
the meaning or scope of any award, either party may, within 
sixty days after the award was rendered, request interpretation 
of the award by an application in writing to the President of 
the Tribunal which rendered the award. The President shall, if 
possible, submit the request to the Tribunal which rendered the 
award and shall convene such Tribunal within sixty days after 
receipt of the application. If this shall not be possible, a 
new Tribunal shall be constituted in accordance with the 
provisions of Sections (a) to (d) above. The Tribunal may stay 
enforcement of the award pending its decision on the requested 
interpretation.
    (j) Each member shall recognize an award rendered pursuant 
to this Article as binding and enforceable within its 
territories as if it were a final judgment of a court in that 
member. Execution of the award shall be governed by the laws 
concerning the execution of judgments in force in the State in 
whose territories such execution is sought and shall not 
derogate from the law in force relating to immunity from 
execution.
    (k) Unless the parties shall agree otherwise, the fees and 
remuneration payable to arbitrators shall be determined on the 
basis of the rates applicable to ICSID arbitration. Each party 
shall defray its own costs associated with the arbitration 
proceedings. The costs of the Tribunal shall be borne by the 
parties in equal proportion unless the Tribunal decides 
otherwise. Any question concerning the division of the costs of 
the Tribunal or the procedure for payment of such costs shall 
be decided by the Tribunal.

                     article 5. service of process

    Service of any notice or process in connection with any 
proceeding under this Annex shall be made in writing. It shall 
be made by the Agency upon the authority designated by the 
member concerned pursuant to Article 38 of this Convention and 
by that member at the principal office of the Agency.

                SCHEDULE A--MEMBERSHIP AND SUBSCRIPTIONS

 
------------------------------------------------------------------------
                                                            Subscription
                    Country                      Number of  (millions of
                                                   Shares       SDR)
------------------------------------------------------------------------
CATEGORY ONE
 
Australia......................................      1,713        17.13
Austria........................................        775         7.75
Belgium........................................      2,030        20.30
Canada.........................................      2,965        29.65
Denmark........................................        718         7.18
Finland........................................        600         6.00
France.........................................      4,860        48.60
Germany, Federal Republic of...................      5,071        50.71
Iceland........................................         90         0.90
Ireland........................................        369         3.69
Italy..........................................      2,820        28.20
Japan..........................................      5,095        50.95
Luxembourg.....................................        116         1.16
Netherlands....................................      2,169        21.69
New Zealand....................................        513         5.13
Norway.........................................        699         6.99
South Africa...................................        943         9.43
Sweden.........................................      1,049        10.49
Switzerland....................................      1,500        15.00
United Kingdom.................................      4,860        48.60
United States..................................     20,519       205.19
                                                ------------------------
    Subtotal...................................     59,473       594.73
                                                ========================
 
CATEGORY TWO *
 
Afghanistan....................................        118         1.18
Algeria........................................        649         6.49
Antigua and Barbuda............................         50         0.50
Argentina......................................      1,254        12.54
Bahamas........................................        100         1.00
Bahrian........................................         77         0.77
Bangladesh.....................................        340         3.40
Barbados.......................................         68         0.68
Belize.........................................         50         0.50
Benin..........................................         61         0.61
Bhutan.........................................         50         0.50
Bolivia........................................        125         1.25
Botswana.......................................         50         0.50
Brazil.........................................      1,479        14.79
Burkina Faso...................................         61         0.61
Burma..........................................        178         1.78
Burundi........................................         74         0.74
Cameroon.......................................        107         1.07
Cape Verde.....................................         50         0.50
Central African Republic.......................         60         0.60
Chad...........................................         60         0.60
Chile..........................................        485         4.85
China..........................................      3,138        31.38
Colombia.......................................        437         4.37
Comoros........................................         50         0.50
Congo, People's Republic of the................         65         0.65
Costa Rica.....................................        117         1.17
Cyprus.........................................        104         1.04
Djibouti.......................................         50         0.50
Dominica.......................................         50         0.50
Dominican Republic.............................        147         1.47
Ecuador........................................        182         1.82
Egypt, Arab Republic of........................        459         4.59
El Salvador....................................        122         1.22
Equatorial Guinea..............................         50         0.50
Ethiopia.......................................         70         0.70
Fiji...........................................         71         0.71
Gabon..........................................         96         0.96
Gambia, The....................................         50         0.50
Ghana..........................................        245         2.45
Greece.........................................        280         2.80
Grenada........................................         50         0.50
Guatemala......................................        140         1.40
Guinea.........................................         91         0.91
Guinea-Bissau..................................         50         0.50
Guyana.........................................         84         0.84
Haiti..........................................         75         0.75
Honduras.......................................        101         1.01
Hungary........................................        564         5.64
India..........................................      3,048        30.48
Indonesia......................................      1,049        10.49
Iran, Islamic Republic of......................      1,659        16.59
Iraq...........................................        350         3.50
Israel.........................................        474         4.74
Ivory Coast....................................        176         1.76
Jamaica........................................        181         1.81
Jordan.........................................         97         0.97
Kampuchea, Democratic..........................         93         0.93
Kenya..........................................        172         1.72
Korea, Republic of.............................        449         4.49
Kuwait.........................................        930         9.30
Lao People's Democratic Republic...............         60         0.60
Lebanon........................................        142         1.42
Lesotho........................................         50         0.50
Liberia........................................         84         0.84
Libyan Arab Jamahiriya.........................        549         5.49
Madagascar.....................................        100         1.00
Malawi.........................................         77         0.77
Malaysia.......................................        579         5.79
Maldives.......................................         50         0.50
Mali...........................................         81         0.81
Malta..........................................         75         0.75
Mauritania.....................................         63         0.63
Mauritius......................................         87         0.87
Mexico.........................................      1,192        11.92
Morocco........................................        348         3.48
Mozambique.....................................         97         0.97
Nepal..........................................         69         0.69
Nicaragua......................................        102         1.02
Niger..........................................         62         0.62
Nigeria........................................        844         8.44
Oman...........................................         94         0.94
Pakistan.......................................        660         6.60
Panama.........................................        131         1.31
Papua New Guinea...............................         96         0.96
Paraguay.......................................         80         0.80
Peru...........................................        373         3.73
Philippines....................................        484         4.84
Portugual......................................        382         3.82
Qatar..........................................        137         1.37
Romania........................................        555         5.55
Rwanda.........................................         75         0.75
Saint Christopher and Nevis....................         50         0.50
Saint Lucia....................................         50         0.50
Saint Vincent..................................         50         0.50
Sao Tome and Principe..........................         50         0.50
Saudi Arabia...................................      3,137        31.37
Senegal........................................        145         1.45
Seychelles.....................................         50         0.50
Sierra Leone...................................         75         0.75
Singapore......................................        154         1.54
Solomon Islands................................         50         0.50
Somalia........................................         78         0.78
Spain..........................................      1,285        12.85
Sri Lanka......................................        271         2.71
Sudan..........................................        206         2.06
Suriname.......................................         82         0.82
Syrian Arab Republic...........................        168         1.68
Swaziland......................................         58         0.58
Tanzania.......................................        141         1.41
Thailand.......................................        421         4.21
Togo...........................................         77         0.77
Trinidad and Tobago............................        203         2.03
Tunisia........................................        156         1.56
Turkey.........................................        462         4.62
United Arab Emirates...........................        372         3.72
Uganda.........................................        132         1.32
Uruguay........................................        202         2.02
Vanuatu........................................         50         0.50
Venezuela......................................      1,427        14.27
Viet Nam.......................................        220         2.20
Western Samoa..................................         50         0.50
Yemen Arab Republic............................         67         0.67
Yemen, People's Democratic Republic of.........        115         1.15
Yugoslavia.....................................        635         6.35
Zaire..........................................        338         3.38
Zambia.........................................        318         3.18
Zimbabwe.......................................        236         2.36
                                                ------------------------
    Subtotal...................................     40,527       405.27
                                                ========================
    Total......................................    100,000     1,000.00
------------------------------------------------------------------------
* Countries listed under Category Two are developing member countries
  for the purposes of this Convention.

                   SCHEDULE B--ELECTION OF DIRECTORS

    1. Candidates for the office of Director shall be nominated 
by the Governors, provided that a Governor may nominate only 
one person.
    2. The election of Directors shall be by ballot of the 
Governors.
    3. In balloting for the Directors, every Governor shall 
cast for one candidate all the votes which the member 
represented by him is entitled to cast under Section (a) of 
Article 40.
    4. One-fourth of the number of Directors shall be elected 
separately, one by each of the Governors of members having the 
largest number of shares. If the total number of Directors is 
not divisible by four, the number of Directors so elected shall 
be one-fourth of the next lower number that is divisible by 
four.
    5. The remaining Directors shall be elected by the other 
Governors in accordance with the provision of paragraphs 6 to 
11 of this Schedule.
    6. If the number of candidates nominated equals the number 
of such remaining Directors to be elected, all the candidates 
shall be elected in the first ballot; except that a candidate 
or candidates having received less than the minimum percentage 
of total votes determined by the Council for such election 
shall not be elected if any candidate shall have received more 
than the maximum percentage of total votes determined by the 
Council.
    7. If the number of candidates nominated exceeds the number 
of such remaining Directors to be elected, the candidates 
receiving the largest number of votes shall be elected with the 
exception of any candidate who has received less than the 
minimum percentage of the total votes determined by the 
Council.
    8. If all of such remaining Directors are not elected in 
the first ballot, a second ballot shall be held. The candidate 
or candidates not elected in the first ballot shall again be 
eligible for election.
    9. In the second ballot, voting shall be limited to (i) 
those Governors having voted in the first ballot for a 
candidate not elected and (ii) those Governors having voted in 
the first ballot for an elected candidate who had already 
received the maximum percentage of total votes determined by 
the Council before taking their votes into account.
    10. In determining when an elected candidate has received 
more than the maximum percentage of the votes, the votes of the 
Governor casting the largest number of votes for such candidate 
shall be counted first, then the votes of the Governor casting 
the next largest number, and so on until such percentage is 
reached.
    11. If not all the remaining Directors have been elected 
after the second ballot, further ballots shall be held on the 
same principles until all the remaining Directors are elected, 
provided that when only one Director remains to be elected, 
this Director may be elected by a simple majority of the 
remaining votes and shall be deemed to have been elected by all 
such votes.
    6. Instrument for the Establishment of the Restructured Global 
                     Environment Facility (Amended)

                                CONTENTS

                                                                   Page

     Preamble......................................................1280
  I. Basic Provisions..............................................1281
        Restructuring and Purpose of GEF.........................  1281
        Participation............................................  1282
        Establishment of GEF Trust Fund..........................  1282
        Eligibility..............................................  1282
 II. Contributions and Other Financial Provisions for Replenishment1283
III. Governance and Structure......................................1283
        Assembly.................................................  1283
        Council..................................................  1285
        Secretariat..............................................  1287
        Implementing Agencies....................................  1287
        Scientific and Technical Advisory Panel (STAP)...........  1287
 IV. Principles of Decision-Making.................................1287
  V. Relationship and Cooperation with Conventions.................1288
 VI. Cooperation with Other Bodies.................................1288
VII. Operational Modalities........................................1289
VIII.Reporting.....................................................1289

 IX. Transnational and Final Provisions............................1289
        Termination of the GET...................................  1289
        Interim Period...........................................  1290
        Amendment and Termination................................  1290
Annexes..........................................................  1290
        Annex A: Notification of Participation/Termination of 
            Participation........................................  1290
        Annex B: Role and Fiduciary Responsibilities of the 
            Trustee of the GEF Trust Fund........................  1290
        Annex C: GEF Trust Fund: Financial Provisions for 
            Replenishment........................................  1293
        Annex D: Principles of Cooperation among the Implementing 
            Agencies.............................................  1299
        Annex E: Constituencies of the GEF Council...............  1302
    6. Instrument for the Establishment of the Restructured Global 
                          Environment Facility

 Done at Geneva, with the acceptance by representatives of 73 States, 
March 1994; Formally adopted by the three Implementing Agencies of the 
Global Environment Facility: the United Nations Development Programme, 
 the United Nations Environment Programme, and the World Bank; Entered 
    into force, July 7, 1994; Amended at the Second GEF Assembly in 
 Beijing, October 2002; Entered into effect on adoption by the United 
     Nations Development Programme, the United Nations Environment 
              Programme, and the World Bank, June 19, 2003

                                Preamble

    Whereas:
    (a) The Global Environment Facility (GEF or the Facility) 
was established in the International Bank for Reconstruction 
and Development (IBRD or World Bank) as a pilot program in 
order to assist in the protection of the global environment and 
promote thereby environmentally sound and sustainable economic 
development, by resolution of the Executive Directors of the 
World Bank and related interagency arrangements between the 
United Nations Development Programme (UNDP), the United Nations 
Environment Programme (UNEP), and the World Bank;
    (b) In April 1992, Participants in the GEF agreed that its 
structure and modalities should be modified. Agenda 21 (the 
action plan of the 1992 United Nations Conference on 
Environment and Development), the United Nations Framework 
Convention on Climate Change and the Convention on Biological 
Diversity subsequently called for the restructuring of the 
Facility;
    (c) Representatives of the States participating at present 
in the Facility and of other States wishing to participate in 
it have requested that the Facility be restructured in order to 
take account of these developments, to establish the GEF as one 
of the principal mechanisms for global environment funding, to 
ensure a governance that is transparent and democratic in 
nature, to promote universality in its participation and to 
provide for full cooperation in its implementation among UNDP, 
UNEP and the World Bank (together referred to hereinafter as 
the Implementing Agencies), and to benefit from the evaluation 
of experience with the operation of the Facility since its 
establishment;
    (d) It is necessary to replenish the resources for these 
purposes under a restructured Facility which includes a new GEF 
Trust Fund on the basis of this Instrument;
    (e) It is desirable to terminate the existing Global 
Environment Trust Fund (GET) and to transfer any funds, 
receipts, assets and liabilities held in it upon termination to 
the new GEF Trust Fund;
    (f) The Implementing Agencies have reached a common 
understanding of principles for cooperation as set forth in the 
present Instrument, subject to approval of their participation 
by their respective governing bodies;
    It is resolved as follows:

                          I. Basic Provisions

                    Restructuring and Purpose of GEF

    1. The restructured GEF shall be established in accordance 
with the present Instrument. This Instrument, having been 
accepted by representatives of the States participating in the 
GEF at their meeting in Geneva, Switzerland, from March 14 to 
16, 1994, shall be adopted by the Implementing Agencies in 
accordance with their respective rules and procedural 
requirements.
    2. The GEF shall operate, on the basis of collaboration and 
partnership among the Implementing Agencies, as a mechanism for 
international cooperation for the purpose of providing new and 
additional grant and concessional funding to meet the agreed 
incremental costs of measures to achieve agreed global 
environmental benefits in the following focal areas:
          (a) biological diversity;
          (b) climate change;
          (c) international waters;
          (d) land degradation, primarily desertification and 
        deforestation;
          (e) ozone layer depletion; and
          (f) persistent organic pollutants.
    3. The agreed incremental costs of activities to achieve 
global environmental benefits concerning chemicals management 
as they relate to the above focal areas shall be eligible for 
funding. The agreed incremental costs of other relevant 
activities under Agenda 21 that may be agreed by the Council 
shall also be eligible for funding insofar as they achieve 
global environmental benefits by protecting the global 
environment in the focal areas.
    4. The GEF shall ensure the cost-effectiveness of its 
activities in addressing the targeted global environmental 
issues, shall fund programs and projects which are country-
driven and based on national priorities designed to support 
sustainable development and shall maintain sufficient 
flexibility to respond to changing circumstances in order to 
achieve its purposes.
    5. The GEF operational policies shall be determined by the 
Council in accordance with paragraph 20(f) and with respect to 
GEF-financed projects shall provide for full disclosure of all 
non-confidential information, and consultation with, and 
participation as appropriate of, major groups and local 
communities throughout the project cycle.
    6. In partial fulfillment of its purposes, the GEF shall, 
on an interim basis, operate the financial mechanism for the 
implementation of the United Nations Framework Convention on 
Climate Change and shall be, on an interim basis, the 
institutional structure which carries out the operation of the 
financial mechanism for the implementation of the Convention on 
Biological Diversity, in accordance with such cooperative 
arrangements or agreements as may be made pursuant to 
paragraphs 27 and 31. The GEF shall be available to continue to 
serve for the purposes of the financial mechanisms for the 
implementation of those conventions if it is requested to do so 
by their Conferences of the Parties. The GEF shall also be 
available to serve as an entity entrusted with the operation of 
the financial mechanism of the Stockholm Convention on 
Persistent Organic Pollutants. In such respects, the GEF shall 
function under the guidance of, and be accountable to, the 
Conferences of the Parties which shall decide on policies, 
program priorities and eligibility criteria for the purposes of 
the conventions. The GEF shall also be available to meet the 
agreed full costs of activities under Article 12, paragraph 1, 
of the United Nations Framework Convention on Climate Change.

                             Participation

    7. Any State member of the United Nations or of any of its 
specialized agencies may become a Participant in the GEF by 
depositing with the Secretariat an instrument of participation 
substantially in the form set out in Annex A. In the case of a 
State contributing to the GEF Trust Fund, an instrument of 
commitment shall be deemed to serve as an instrument of 
participation. Any Participant may withdraw from the GEF by 
depositing with the Secretariat an instrument of termination of 
participation substantially in the form set out in Annex A.

                    Establishment of GEF Trust Fund

    8. The new GEF Trust Fund shall be established, and the 
World Bank shall be invited to serve as the Trustee of the 
Fund. The GEF Trust Fund shall consist of the contributions 
received in accordance with the present Instrument, the balance 
of funds transferred from the GET pursuant to paragraph 32, and 
any other assets and receipts of the Fund. In serving as the 
Trustee of the Fund, the World Bank shall serve in a fiduciary 
and administrative capacity, and shall be bound by its Articles 
of Agreement, by-laws, rules and decisions, as specified in 
Annex B.

                              Eligibility

    9. GEF funding shall be made available for activities 
within the focal areas defined in paragraphs 2 and 3 of this 
Instrument in accordance with the following eligibility 
criteria:
          (a) GEF grants that are made available within the 
        framework of the financial mechanisms of the 
        conventions referred to in paragraph 6 shall be in 
        conformity with the eligibility criteria decided by the 
        Conference of the Parties of each convention, as 
        provided under the arrangements or agreements referred 
        to in paragraph 27.
          (b) All other GEF grants shall be made available to 
        eligible recipient countries and, where appropriate, 
        for other activities promoting the purposes of the 
        Facility in accordance with this paragraph and any 
        additional eligibility criteria determined by the 
        Council. A country shall be an eligible recipient of 
        GEF grants if it is eligible to borrow from the World 
        Bank (IBRD and/or IDA) or if it is an eligible 
        recipient of UNDP technical assistance through its 
        country Indicative Planning Figure (IPF). GEF grants 
        for activities within a focal area addressed by a 
        convention referred to in paragraph 6 but outside the 
        framework of the financial mechanism of the convention, 
        shall only be made available to eligible recipient 
        countries that are party to the convention concerned.
          (c) GEF concessional financing in a form other than 
        grants that is made available within the framework of 
        the financial mechanism of the conventions referred to 
        in paragraph 6 shall be in conformity with eligibility 
        criteria decided by the Conference of the Parties of 
        each convention, as provided under the arrangements or 
        agreements referred to in paragraph 27. GEF 
        concessional financing in a form other than grants may 
        also be made available outside those frameworks on 
        terms to be determined by the Council.

   II. Contributions and Other Financial Provisions for Replenishment

    10. Contributions to the GEF Trust Fund for the first 
replenishment period shall be made to the Trustee by 
Contributing Participants in accordance with the financial 
provisions for replenishment as specified in Annex C. The 
Trustee's responsibility for mobilization of resources pursuant 
to paragraph 20(e) of this Instrument and paragraph 4(a) of 
Annex B shall be initiated for subsequent replenishments at the 
request of the Council.

                     III. Governance and Structure

    11. The GEF shall have an Assembly, a Council and a 
Secretariat. In accordance with paragraph 24, a Scientific and 
Technical Advisory Panel (STAP) shall provide appropriate 
advice.
    12. The Implementing Agencies shall establish a process for 
their collaboration in accordance with an interagency agreement 
to be concluded on the basis of the principles set forth in 
Annex D.

                                Assembly

    13. The Assembly shall consist of Representatives of all 
Participants. The Assembly shall meet once every three years. 
Each Participant may appoint one Representative and one 
Alternate to the Assembly in such manner as it may determine. 
Each Representative and each Alternate shall serve until 
replaced. The Assembly shall elect its Chairperson from among 
the Representatives.
    14. The Assembly shall:
          (a) review the general policies of the Facility;
          (b) review and evaluate the operation of the Facility 
        on the basis of reports submitted by the Council;
          (c) keep under review the membership of the Facility; 
        and
          (d) consider, for approval by consensus, amendments 
        to the present Instrument on the basis of 
        recommendations by the Council.

                                Council

    15. The Council shall be responsible for developing, 
adopting and evaluating the operational policies and programs 
for GEF-financed activities, in conformity with the present 
Instrument and fully taking into account reviews carried out by 
the Assembly. Where the GEF serves for the purposes of the 
financial mechanisms of the conventions referred to in 
paragraph 6, the Council shall act in conformity with the 
policies, program priorities and eligibility criteria decided 
by the Conference of the Parties for the purposes of the 
convention concerned.
    16. The Council shall consist of 32 Members, representing 
constituency groupings formulated and distributed taking into 
account the need for balanced and equitable representation of 
all Participants and giving due weight to the funding efforts 
of all donors. There shall be 16 Members from developing 
countries, 14 Members from developed countries and 2 Members 
from the countries of central and eastern Europe and the former 
Soviet Union, in accordance with Annex E. There shall be an 
equal number of Alternate Members. The Member and Alternate 
representing a constituency shall be appointed by the 
Participants in each constituency. Unless the constituency 
decides otherwise, each Member of the Council and each 
Alternate shall serve for three years or until a new Member is 
appointed by the constituency, whichever comes first. A Member 
or Alternate may be reappointed by the constituency. Members 
and Alternates shall serve without compensation. The Alternate 
Member shall have full power to act for the absent Member.
    17. The Council shall meet semi-annually or as frequently 
as necessary at the seat of the Secretariat to enable it to 
discharge its responsibilities. Two-thirds of the Members of 
the Council shall constitute a quorum.
    18. At each meeting, the Council shall elect a Chairperson 
from among its Members for the duration of that meeting. The 
elected Chairperson shall conduct deliberations of the Council 
at that meeting on issues related to Council responsibilities 
listed in paragraphs 20(b), (g), (i), (j) and (k). The position 
of elected Chairperson shall alternate from one meeting to 
another between recipient and non-recipient Council Members. 
The Chief Executive Officer of the Facility (CEO) shall conduct 
deliberations of the Council on issues related to Council 
responsibilities listed in paragraphs 20(c), (e), (f) and (h). 
The elected Chairperson and the CEO shall jointly conduct 
deliberations of the Council on issues related to paragraph 
20(a).
    19. Costs of Council meetings, including travel and 
subsistence of Council Members from developing countries, in 
particular the Least Developed Countries, shall be disbursed 
from the administrative budget of the Secretariat as necessary.
    20. The Council shall:
          (a) keep under review the operation of the Facility 
        with respect to its purposes, scope and objectives;
          (b) ensure that GEF policies, programs, operational 
        strategies and projects are monitored and evaluated on 
        a regular basis;
          (c) review and approve the work program referred to 
        in paragraph 29, monitor and evaluate progress in the 
        implementation of the work program and provide related 
        guidance to the Secretariat, the Implementing Agencies 
        and the other bodies referred to in paragraph 28, 
        recognizing that the Implementing Agencies will retain 
        responsibility for the further preparation of 
        individual projects approved in the work program;
          (d) arrange for Council Members to receive final 
        project documents and within four weeks transmit to the 
        CEO any concerns they may have prior to the CEO 
        endorsing a project document for final approval by the 
        Implementing Agency;
          (e) direct the utilization of GEF funds, review the 
        availability of resources from the GEF Trust Fund and 
        cooperate with the Trustee to mobilize financial 
        resources;
          (f) approve and periodically review operational 
        modalities for the Facility, including operational 
        strategies and directives for project selection, means 
        to facilitate arrangements for project preparation and 
        execution by organizations and entities referred to in 
        paragraph 28, additional eligibility and other 
        financing criteria in accordance with paragraphs 9(b) 
        and 9(c) respectively, procedural steps to be included 
        in the project cycle, and the mandate, composition and 
        role of STAP;
          (g) act as the focal point for the purpose of 
        relations with the Conferences of the Parties to the 
        conventions referred to in paragraph 6, including 
        consideration, approval and review of the arrangements 
        or agreements with such Conferences, receipt of 
        guidance and recommendations from them and compliance 
        with requirements under these arrangements or 
        agreements for reporting to them;
          (h) in accordance with paragraphs 26 and 27, ensure 
        that GEF-financed activities relating to the 
        conventions referred to in paragraph 6 conform with the 
        policies, program priorities and eligibility criteria 
        decided by the Conference of the Parties for the 
        purposes of the convention concerned;
          (i) appoint the CEO in accordance with paragraph 21, 
        oversee the work of the Secretariat, and assign 
        specific tasks and responsibilities to the Secretariat;
          (j) review and approve the administrative budget of 
        the GEF and arrange for periodic financial and 
        performance audits of the Secretariat and the 
        Implementing Agencies with regard to activities 
        undertaken for the Facility;
          (k) in accordance with paragraph 31, approve an 
        annual report and keep the UN Commission on Sustainable 
        Development apprised of its activities; and
          (l) exercise such other operational functions as may 
        be appropriate to fulfill the purposes of the Facility.

                              Secretariat

    21. The GEF Secretariat shall service and report to the 
Assembly and the Council. The Secretariat, which shall be 
headed by the CEO/Chairperson of the Facility, shall be 
supported administratively by the World Bank and shall operate 
in a functionally independent and effective manner. The CEO 
shall be appointed to serve for three years on a full time 
basis by the Council on the joint recommendation of the 
Implementing Agencies. Such recommendation shall be made after 
consultation with the Council. The CEO may be reappointed by 
the Council. The CEO may be removed by the Council only for 
cause. The staff of the Secretariat shall include staff members 
seconded from the Implementing Agencies as well as individuals 
hired competitively on an as needed basis by one of the 
Implementing Instrument for the Establishment of the 
Restructured Global Environment Facility Agencies. The CEO 
shall be responsible for the organization, appointment and 
dismissal of Secretariat staff. The CEO shall be accountable 
for the performance of the Secretariat functions to the 
Council. The Secretariat shall, on behalf of the Council, 
exercise the following functions:
          (a) implement effectively the decisions of the 
        Assembly and the Council;
          (b) coordinate the formulation and oversee the 
        implementation of program activities pursuant to the 
        joint work program, ensuring liaison with other bodies 
        as required, particularly in the context of the 
        cooperative arrangements or agreements referred to in 
        paragraph 27;
          (c) in consultation with the Implementing Agencies, 
        ensure the implementation of the operational policies 
        adopted by the Council through the preparation of 
        common guidelines on the project cycle. Such guidelines 
        shall address project identification and development, 
        including the proper and adequate review of project and 
        work program proposals, consultation with and 
        participation of local communities and other interested 
        parties, monitoring of project implementation and 
        evaluation of project results;
          (d) review and report to the Council on the adequacy 
        of arrangements made by the Implementing Agencies in 
        accordance with the guidelines referred to in paragraph 
        (c) above, and if warranted, recommend to the Council 
        and the Implementing Agencies additional arrangements 
        for project preparation and execution under paragraphs 
        20(f) and 28;
          (e) chair interagency group meetings to ensure the 
        effective execution of the Council's decisions and to 
        facilitate coordination and collaboration among the 
        Implementing Agencies;
          (f) coordinate with the Secretariats of other 
        relevant international bodies, in particular the 
        Secretariats of the conventions referred to in 
        paragraph 6, the Secretariats of the Montreal Protocol 
        on Substances that Deplete the Ozone Layer and its 
        Multilateral Fund and the United Nations Convention to 
        Combat Desertification in Countries Experiencing 
        Serious Drought and/or Desertification, Particularly in 
        Africa;
          (g) report to the Assembly, the Council and other 
        institutions as directed by the Council;
          (h) provide the Trustee with all relevant information 
        to enable it to carry out its responsibilities; and
          (i) perform any other functions assigned to the 
        Secretariat by the Council.

                         Implementing Agencies

    22. The Implementing Agencies of the GEF shall be UNDP, 
UNEP, and the World Bank. The Implementing Agencies shall be 
accountable to the Council for their GEF-financed activities, 
including the preparation and cost-effectiveness of GEF 
projects, and for the implementation of the operational 
policies, strategies and decisions of the Council within their 
respective areas of competence and in accordance with an 
interagency agreement to be concluded on the basis of the 
principles of cooperation set forth in Annex D to the present 
Instrument. The Implementing Agencies shall cooperate with the 
Participants, the Secretariat, parties receiving assistance 
under the GEF, and other interested parties, including local 
communities and non-governmental organizations, to promote the 
purposes of the Facility.
    23. The CEO shall periodically convene meetings with the 
heads of the Implementing Agencies to promote interagency 
collaboration and communication, and to review operational 
policy issues regarding the implementation of GEF-financed 
activities. The CEO shall transmit their conclusions and 
recommendations to the Council for its consideration.

             Scientific and Technical Advisory Panel (STAP)

    24. UNEP shall establish, in consultation with UNDP and the 
World Bank and on the basis of guidelines and criteria 
established by the Council, the Scientific and Technical 
Advisory Panel (STAP) as an advisory body to the Facility. UNEP 
shall provide the STAP's Secretariat and shall operate as the 
liaison between the Facility and the STAP.

                   IV. Principles of Decision-Making

    25. (a) Procedure
    The Assembly and the Council shall each adopt by consensus 
regulations as may be necessary or appropriate to perform their 
respective functions transparently; in particular, they shall 
determine any aspect of their respective procedures, including 
the admission of observers and, in the case of the Council, 
provision for executive sessions.
    (b) Consensus
    Decisions of the Assembly and the Council shall be taken by 
consensus. In the case of the Council if, in the consideration 
of any matter of substance, all practicable efforts by the 
Council and its Chairperson have been made and no consensus 
appears attainable, any Member of the Council may require a 
formal vote.
    (c) Formal Vote
          (i) Unless otherwise provided in this Instrument, 
        decisions requiring a formal vote by the Council shall 
        be taken by a double weighted majority; that is, an 
        affirmative vote representing both a 60 percent 
        majority of the total number of Participants and a 60 
        percent majority of the total contributions.
          (ii) Each Member of the Council shall cast the votes 
        of the Participant or Participants he/she represents. A 
        Member of the Council appointed by a group of 
        Participants may cast separately the votes of each 
        Participant in the constituency he/she represents.
          (iii) For the purpose of voting power, total 
        contributions shall consist of the actual cumulative 
        contributions made to the GEF Trust Fund as specified 
        in Annex C (Attachment 1) and in subsequent 
        replenishments of the GEF Trust Fund, contributions 
        made to the GET, and the grant equivalent of co-
        financing and parallel financing made under the GEF 
        pilot program, or agreed with the Trustee, until the 
        effective date of the GEF Trust Fund. Until the 
        effective date of the GEF Trust Fund, advance 
        contributions made under paragraph 7(c) of Annex C 
        shall be deemed to be contributions to the GET.

            V. Relationship and Cooperation With Conventions

    26. The Council shall ensure the effective operation of the 
GEF as a source of funding activities under the conventions 
referred to in paragraph 6. The use of the GEF resources for 
purposes of such conventions shall be in conformity with the 
policies, program priorities and eligibility criteria decided 
by the Conference of the Parties of each of those conventions.
    27. The Council shall consider and approve cooperative 
arrangements or agreements with the Conferences of the Parties 
to the conventions referred to in paragraph 6, including 
reciprocal arrangements for representation in meetings. Such 
arrangements or agreements shall be in conformity with the 
relevant provisions of the convention concerned regarding its 
financial mechanism and shall include procedures for 
determining jointly the aggregate GEF funding requirements for 
the purpose of the convention. With regard to each convention 
referred to in paragraph 6, until the first meeting of its 
Conference of the Parties, the Council shall consult the 
convention's interim body.

                   VI. Cooperation With Other Bodies

    28. The Secretariat and the Implementing Agencies under the 
guidance of the Council shall cooperate with other 
international organizations to promote achievement of the 
purposes of the GEF. The Implementing Agencies may make 
arrangements for GEF project preparation and execution by 
multilateral development banks, specialized agencies and 
programs of the United Nations, other international 
organizations, bilateral development agencies, national 
institutions, non-governmental organizations, private sector 
entities and academic institutions, taking into account their 
comparative advantages in efficient and cost-effective project 
execution. Such arrangements shall be made in accordance with 
national priorities. Pursuant to paragraph 20(f), the Council 
may request the Secretariat to make similar arrangements in 
accordance with national priorities. In the event of 
disagreements among the Implementing Agencies or between an 
Implementing Agency and any entity concerning project 
preparation or execution, an Implementing Agency or any entity 
referred to in this paragraph may request the Secretariat to 
seek to resolve such disagreements.

                      VII. Operational Modalities

    29. The Secretariat shall coordinate the preparation of and 
determine the content of a joint work program for the GEF among 
the Implementing Agencies, including an indication of the 
financial resources required for the program, for approval by 
the Council. The work program shall be prepared in accordance 
with paragraph 4 and in cooperation with eligible recipients 
and any executing agency referred to in paragraph 28.
    30. GEF projects shall be subject to endorsement by the CEO 
before final project approval. If at least four Council Members 
request that a project be reviewed at a Council meeting because 
in their view the project is not consistent with the Instrument 
or GEF policies and procedures, the CEO shall submit the 
project document to the next Council meeting, and shall only 
endorse the project for final approval by the Implementing 
Agency if the Council finds that the project is consistent with 
the Instrument and GEF policies and procedures.

                            VIII. Reporting

    31. The Council shall approve an annual report on the 
activities of the GEF. The report shall be prepared by the 
Secretariat and circulated to all Participants. It shall 
contain information on the activities carried out under the 
GEF, including a list of project ideas submitted for 
consideration and a review of the project activities funded by 
the Facility and their outcomes. The report shall contain all 
the information necessary to meet the principles of 
accountability and transparency that shall characterize the 
Facility as well as the requirements arising from the reporting 
arrangements agreed with each Conference of the Parties to the 
conventions referred to in paragraph 6. The report shall be 
conveyed to each of these Conferences of the Parties, the 
United Nations Commission on Sustainable Development and any 
other international organization deemed appropriate by the 
Council.

                 IX. Transitional and Final Provisions

                         Termination of the GET

    32. The World Bank shall be invited to terminate the 
existing Global Environment Trust Fund (GET) on the effective 
date of the establishment of the new GEF Trust Fund, and any 
funds, receipts, assets and liabilities held in the GET upon 
termination, including the administration of any cofinancing by 
the Trustee in accordance with the provisions of Resolution No. 
91-5 of the Executive Directors of the World Bank, shall be 
transferred to the new GEF Trust Fund. Pending the termination 
of the GET under this provision, projects financed from the GET 
resources shall continue to be processed and approved subject 
to the rules and procedures applicable to the GET.

                             Interim Period

    33. The Council may, pursuant to the provisions of this 
Instrument, be convened during the period from the adoption of 
this Instrument and its annexes by the Implementing Agencies 
until the effective date of the establishment of the new GEF 
Trust Fund: (a) to appoint, by consensus, the CEO in order to 
enable him/her to assume the work of the Secretariat; and (b) 
to prepare the Council's rules of procedure and the operational 
modalities for the Facility. The first meeting of the Council 
shall be organized by the secretariat of the GEF pilot program. 
Administrative expenses during this interim period shall be 
covered by the existing GET.

                       Amendment and Termination

    34. Amendment or termination of the present Instrument may 
be approved by consensus by the Assembly upon the 
recommendation of the Council, after taking into account the 
views of the Implementing Agencies and the Trustee, and shall 
become effective after adoption by the Implementing Agencies 
and the Trustee in accordance with their respective rules and 
procedural requirements. This paragraph shall apply to the 
amendment of any annex to this Instrument unless the annex 
concerned provides otherwise.
    35. The Trustee may at any time terminate its role as 
trustee in accordance with paragraph 14 of Annex B, and an 
Implementing Agency may at any time terminate its role as 
implementing agency, after consultation with the other 
Implementing Agencies and after giving the Council six months' 
notice in writing.

                                Annex A

     Notification of Participation/Termination of Participation \1\

The Government of _____________ hereby notifies the Chief 
Executive Officer of the Global Environment Facility (``the 
Facility'') that it will participate [terminate its 
participation] in the Facility.
---------------------------------------------------------------------------
    \1\ The notification is to be signed on behalf of the Government by 
a duly authorized representative thereof. Participation, and 
termination of participation, will take effect upon deposit of the 
notification with the CEO. In the case of a State contributing to the 
GEF Trust Fund, an instrument of commitment (Attachment 2 of Annex C) 
shall be deemed to serve as a notification of participation.
---------------------------------------------------------------------------
 _______    ______________________

(Date)                           (Name and Office)

                                Annex B

  Role and Fiduciary Responsibilities of the Trustee of the GEF Trust 
                                  Fund

    1. The World Bank shall be the Trustee of the GEF Trust 
Fund (the Fund) referred to in paragraph 8 of the Instrument 
and in this capacity shall, as legal owner, hold in trust the 
funds, assets and receipts which constitute the Fund, and 
manage and use them only for the purpose of, and in accordance 
with, the provisions of the Instrument keeping them separate 
and apart from all other accounts and assets of, or 
administered by, the Trustee.
    2. The Trustee shall be accountable to the Council for the 
performance of its fiduciary responsibilities as set forth in 
this Annex.
    3. The Trustee shall administer the Fund in accordance with 
the applicable provisions of the Instrument and such decisions 
as the Council may take under the Instrument and shall be bound 
in the performance of its duties by the applicable provisions 
of the Trustee's Articles of Agreement, by-laws, rules and 
decisions (hereinafter referred to as ``the rules of the 
Trustee'').
    4. The responsibilities of the Trustee shall include in 
particular:
          (a) the mobilization of resources for the Fund and 
        the preparation of such studies and arrangements as may 
        be required for this purpose;
          (b) the financial management of the Fund, including 
        the investment of its liquid assets, the disbursement 
        of funds to the implementing and other executing 
        agencies as well as the preparation of the financial 
        reports regarding the investment and use of the Fund's 
        resources;
          (c) the maintenance of appropriate records and 
        accounts of the Fund, and providing for their audit, in 
        accordance with the rules of the Trustee; and
          (d) the monitoring of the application of budgetary 
        and project funds in accordance with paragraph 21(h) of 
        the Instrument and paragraph 11 of this Annex so as to 
        ensure that the resources of the Fund are being used in 
        accordance with the Instrument and the decisions taken 
        by the Council, including the regular reporting to the 
        Council on the status of the Fund's resources.
    5. The Trustee shall exercise the same care in the 
discharge of its functions under this Annex as it exercises 
with respect to its own affairs and shall have no further 
liability in respect thereof. To this end, the Trustee shall 
apply such considerations of economy and efficiency as may be 
required for the investment and disbursement of funds from the 
Fund, consistent with the rules of the Trustee and the 
decisions of the Council.
    6. All amounts in respect of which the Trustee is 
authorized to make commitments or disbursements under the 
Instrument shall be used by the Trustee on the basis of the 
work program approved by the Council for the activities of the 
Facility, including the reasonable expenses incurred by the 
Implementing Agencies and any executing agency in the 
performance of their responsibilities, in accordance with the 
Instrument and the decisions taken by the Council. All amounts 
in respect of which the Trustee is authorized to make transfers 
to the Implementing Agencies and any executing agency shall be 
transferred as agreed between the Trustee and the transferee.
    7. The Trustee may enter into arrangements and agreements 
with any national or international entity as may be needed in 
order to administer and manage financing for the purpose of, 
and on terms consistent with, the Instrument. Upon the request 
of the Council, the Trustee will, for the purposes of paragraph 
27 of the Instrument, formalize the arrangements or agreements 
that have been considered and approved by the Council with the 
Conferences of the Parties of the conventions referred to in 
paragraph 6 of the Instrument.
    8. Pending transfers to the Implementing Agencies or an 
executing agency, the Trustee may invest the funds held in the 
Fund in such form as it may decide, including pooled 
investments (in which separate accounts shall be held for the 
funds of the Fund) with other funds owned, or administered, by 
it. The income of such investments shall be credited to the 
Fund, and the Trustee shall be reimbursed annually from the 
resources of the Fund for the reasonable expenses incurred by 
it for the administration of the Fund and for expenses incurred 
in administratively supporting the Secretariat. The 
reimbursement shall be made on the basis of estimated cost, 
subject to end of year adjustment.
    9. The Trustee shall make all necessary arrangements to 
avoid commitments on behalf of the Fund in excess of the 
resources available to such Fund.
    10. In order to enable the Trustee to carry out its 
functions enumerated in this Annex, the Chief Executive Officer 
of the Facility (CEO) shall cooperate fully with the Trustee 
and shall observe the rules of the Trustee specified in 
paragraph 3 above, in the activities of the Secretariat 
relating to the administration of the Fund under the provisions 
of the Instrument and its Annexes.
    11. To ensure that the resources of the Fund are being used 
in accordance with the Instrument and the decisions taken by 
the Council, the Trustee shall work with the Implementing 
Agencies and the CEO to address and resolve any concerns it may 
have about inconsistencies between the uses of Fund resources 
and such Instrument and decisions. The CEO shall inform the 
Council of any concerns that the Trustee or an Implementing 
Agency may have which are not satisfactorily resolved.
    12. Should it appear to the Council or the Trustee that 
there is an inconsistency between the decisions of the Council 
and the rules of the Trustee, the Council and the Trustee shall 
consult each other with a view to avoiding the inconsistency.
    13. The privileges and immunities accorded to the Trustee 
under its Articles of Agreement shall apply to the property, 
assets, archives, income, operations and transactions of the 
Fund.
    14. The provisions of this Annex may be amended by the 
Executive Directors of the Trustee only with the agreement of 
the Council and the other Implementing Agencies. The provisions 
of this Annex may be terminated when the Executive Directors of 
the Trustee so decide after consultation with the Council and 
the other Implementing Agencies and after giving the Council 
six months' notice in writing. In case of termination, the 
Trustee shall take all necessary action for winding up its 
activities in an expeditious manner, in accordance with such 
decision. The decision shall also provide for meeting the 
commitments of the Facility already made for grants and 
transfers, and for the disposition of any remaining funds, 
receipts, assets or liabilities of the Fund upon termination.

                                Annex C

         GEF Trust Fund: Financial Provisions for Replenishment

                             Contributions

    1. The Bank, acting as Trustee for the GEF Trust Fund, is 
authorized to accept contributions to the Fund for the period 
from July 1, 1994 to June 30, 1997:
          (a) by way of grant from each Participant in the 
        amount specified for each participant in Attachment 1; 
        and
          (b) other contributions on terms consistent with the 
        present Annex.

                       Instruments of Commitment

    2. (a) Participants contributing to the GEF Trust Fund 
(Contributing Participants) shall be expected to deposit with 
the Trustee an instrument of commitment substantially in the 
form set out in Attachment 2 (Instrument of Commitment).
    (b) When a Contributing Participant agrees to pay a part of 
its contribution without qualification and the remainder is 
subject to enactment by its legislature of the necessary 
appropriation legislation, it shall deposit a qualified 
instrument of commitment in a form acceptable to the Trustee 
(Qualified Instrument of Commitment); such Participant 
undertakes to exercise its best efforts to obtain legislative 
approval for the full amount of its contribution by the payment 
dates set out in paragraph 3.
    3. (a) Contributions to the GEF Trust Fund under paragraph 
1 (a) shall be paid, at the option of each Contributing 
Participant, in cash by November 30, 1994 or in installments.
    (b) Payment in cash under paragraph (a) above shall be made 
on terms agreed between the Contributing Participant and the 
Trustee that shall be no less favorable to the GEF Trust Fund 
than payment in installment.
    (c) Payment in installments that a Contributing Participant 
agrees to make without qualification shall be paid to the 
Trustee in four equal installments by November 30, 1994, 
November 30, 1995, November 30, 1996 and November 30, 1997, 
provided that:
          (i) the Trustee and each Contributing Participant may 
        agree to earlier payment;
          (ii) if the GEF Trust Fund shall not have become 
        effective by October 31, 1994, payment of the first 
        such installment may be postponed by the Contributing 
        Participant for not more than 30 days after the date on 
        which this Annex becomes effective;
          (iii) the Trustee may agree to postpone the payment 
        of any installment, or part thereof, if the amount 
        paid, together with any unused balance of previous 
        payments by the Contributing Participant, shall be at 
        least equal to the amount estimated by the Trustee to 
        be required from the Contributing Participant, up to 
        the date of the next installment, for meeting 
        commitments under the GEF Trust Fund; and
          (iv) if any Contributing Participant shall deposit an 
        Instrument of Commitment with the Trustee after the 
        date on which the first installment of the 
        contributions is due, payment of any installment, or 
        part thereof, shall be made to the Trustee within 30 
        days after the date of such deposit.
    (d) If a Contributing Participant has deposited a Qualified 
Instrument of Commitment and thereafter notifies the Trustee 
that an installment, or part thereof, is unqualified after the 
date when it was due, then payment of such installment, or part 
thereof, shall be made within 30 days of such notification.

                    Mode of Payment in Installments

    4. (a) Payments shall be made, at the option of each 
Contributing Participant, in cash on terms agreed between the 
Contributing Participant and the Trustee that shall be no less 
favorable to the GEF Trust Fund than payment in installments or 
by the deposit of notes or similar obligations issued by the 
government of the Contributing Participant or the depository 
designated by the Contributing Participant, which shall be 
nonnegotiable, non-interest bearing and payable at their par 
value on demand to the account of the Trustee.
    (b) The Trustee shall encash the notes or similar 
obligations quarterly in equal proportions in terms of their 
unit of denomination, as needed for disbursement and transfers 
referred to in paragraph 8 and the operational and 
administrative requirements for liquidity of the Trustee and 
the Implementing Agencies, as determined by the Trustee. At the 
request of a Contributing Participant that is also an eligible 
recipient under the GEF Trust Fund, the Trustee may permit 
postponement of encashment for up to two years in light of 
exceptionally difficult budgetary circumstances of the 
Contributing Participant.
    (c) In respect of each contribution under paragraph 1 (b), 
payment shall be made in accordance with the terms on which 
such contributions are accepted by the Trustee.

                  Currency of Denomination and Payment

    5. (a) Contributing Participants shall denominate their 
contributions in Special Drawing Rights (SDRs) or a currency 
that is freely convertible as determined by the Trustee, except 
that if a Contributing Participant's economy experienced a rate 
of inflation in excess of fifteen percent per annum on average 
in the period 1990 to 1992 as determined by the Trustee as of 
the date of adoption of this Annex, its contribution shall be 
denominated in SDRs.
    (b) Contributing Participants shall make payments in SDRs, 
a currency used for the valuation of the SDR, or with the 
agreement of the Trustee in another freely convertible 
currency, and the Trustee may exchange the amounts received for 
such currencies as it may decide.
    (c) Each Contributing Participant shall maintain, in 
respect of its currency paid to the Trustee and the currency of 
such Contributing Participant derived therefrom, the same 
convertibility as existed on the date of adoption of this 
Annex.

                             Effective Date

    6. (a) The GEF Trust Fund shall become effective and the 
resources to be contributed pursuant to this Annex shall become 
payable to the Trustee on the date when Contributing 
Participants whose contributions aggregate not less than SDR 
980.53 million shall have deposited with the Trustee 
Instruments of Commitment or Qualified Instruments of 
Commitment (the effective date), provided that this date shall 
not be later than October 31, 1994, or such later date as the 
Trustee may determine.
    (b) If the Trustee determines that the effective date is 
likely to be unduly delayed, it shall convene promptly a 
meeting of the Contributing Participants to review the 
situation and to consider the steps to be taken to prevent an 
interruption of GEF financing.

                          Advance Contribution

    7. (a) In order to avoid an interruption in the GEF's 
ability to make financing commitments pending the effectiveness 
of the GEF Trust Fund, and if the Trustee will have received 
Instruments of Commitment from Contributing Participants whose 
contributions aggregate not less than SDR 280.15 million, the 
Trustee may deem, prior to the effective date, one-quarter of 
the total amount of each contribution for which an Instrument 
of Commitment has been deposited with the Trustee as an advance 
contribution, unless the Contributing Participant specifies 
otherwise in its Instrument of Commitment. Advance 
contributions shall be paid to the GEF under Resolution 91-5 
adopted by the Executive Directors of the World Bank and shall 
be governed by the provisions of that Resolution until the 
effective date.
    (b) The Trustee shall specify when advance contributions 
pursuant to paragraph (a) above are to be paid to the Trustee.
    (c) The terms and conditions applicable to contributions 
under this Annex shall apply also to advance contributions 
until the effective date, when such contributions shall be 
deemed to constitute payment towards the amount due from each 
Contributing Participant for its contribution.

                    Commitment or Transfer Authority

    8. (a) Contributions shall become available for commitment 
by the Trustee, for disbursement or transfer as needed pursuant 
to the work program approved by the Council under paragraph 
20(c) of the Instrument, upon receipt of payment by the 
Trustee, except as provided in subparagraph (c) below.
    (b) The Trustee shall promptly inform Contributing 
Participants if a Participant that has deposited a Qualified 
Instrument of Commitment and whose contribution represents more 
than 20 percent of the total amount of the resources to be 
contributed pursuant to this Annex has not unqualified at least 
50 percent of the total amount of its contribution by November 
30, 1995, or 30 days after the effective date, whichever is 
later, and at least 75 percent of the total amount of its 
contribution by November 30, 1996, or 30 days after the 
effective date, whichever is later, and the total amount 
thereof by November 30, 1997, or 30 days after the effective 
date, whichever is later.
    (c) Within 30 days of the dispatch of notice by the Trustee 
under paragraph (b) above, each other Contributing Participant 
may notify the Trustee in writing that the commitment by the 
Trustee of the second, third or fourth tranche, whichever is 
applicable, of such Participant's contribution shall be 
deferred while, and to the extent that, any part of the 
contribution referred to in subparagraph (b) remains qualified; 
during such period, the Trustee shall make no commitments in 
respect of the resources to which the notice pertains unless 
the right of the Contributing Participant is waived pursuant to 
paragraph (d) below.
    (d) The right of a Contributing Participant under paragraph 
(c) above may be waived in writing, and it shall be deemed 
waived if the Trustee receives no written notice pursuant to 
such subparagraph within the period specified therein.
    (e) The Trustee shall consult with the Contributing 
Participants where, in its judgment:
          (i) there is a substantial likelihood that the total 
        amount of the contribution referred to in paragraph (b) 
        above could not be committed to the Trustee without 
        qualification by June 30, 1998, or
          (ii) as a result of Contributing Participants 
        exercising their rights under paragraph (b), the 
        Trustee is or may shortly be precluded from entering 
        into new commitments for disbursement or transfer.
    (f) Commitment and transfer authority shall be increased 
by:
          (i) the income of investment of resources held in the 
        GEF Trust Fund pending disbursement or transfer by the 
        Trustee;
          (ii) uncommitted resources transferred to the Trustee 
        upon termination of the GET;
          (iii) the amount of undisbursed commitments that have 
        been cancelled; and
          (iv) payments received by the Trustee as repayment, 
        interest or charges on loans made by the GEF Trust 
        Fund.
    (g) Commitment and transfer authority shall be reduced for 
the reimbursement of administrative costs charged against the 
resources of the GEF Trust Fund, as determined by the Trustee 
on the basis of the work program and budget approved by the 
Council.
    (h) The Trustee may enter into agreements to provide 
financing from the GEF Trust Fund, conditional on such 
financing becoming effective and binding on the GEF Trust Fund 
when resources become available for commitment by the Trustee.

                         Annex C--Attachment 1

                 Global Environment Facility Trust Fund
                       Contributions (in millions)
------------------------------------------------------------------------
                                                               National
             Contributing Participants                SDR      Currency
                                                    Amounts   Amounts a
------------------------------------------------------------------------
Group I b, c
 
Australia.........................................    20.84        42.76
Austria...........................................    14.28       231.51
Canada............................................    61.78       111.11
Denmark...........................................    25.08         
Finland...........................................    15.45       124.00
France............................................   102.26       806.71
Germany...........................................   171.30       394.76
Italy.............................................    81.86   159,803.25
Japan.............................................   295.95    45,698.09
Netherlands.......................................    50.97         
New Zealand.......................................     4.00        10.35
Norway............................................    21.93       216.42
Portugal..........................................     4.00         
Spain.............................................    12.36     2,180.10
Sweden............................................    41.60       450.04
 
Group II b
 
Brazil............................................     4.00         
China.............................................     4.00         
Cote d'Ivoire.....................................     4.00         
Egypt.............................................     4.00         
India.............................................     6.00
Mexico............................................     4.00         
Pakistan..........................................     4.00
Turkey............................................     4.00         
 
Group III b
 
Ireland...........................................     1.71         1.64
Other*............................................     6.48
Unallocated**.....................................    42.83
------------------------------------------------------------------------
a Calculated by converting the SDR amount to the national currency using
  an average of daily exchange rates over the period February 1, 1993,
  to October 31, 1993.
b Group I consists of non-recipient donors that participated in the
  replenishment meetings. Group II consists of recipient donors that
  participated in the replenishment meetings. Group III consists of
  other donors.
c The following table shows background information and explanations
  regarding the breakdown of Group I contributions according to
  contributions based on IDA10 basic shares, Supplementary Contributions
  towards meeting adjusted IDA10 shares, and additional Supplementary
  Contributions.
*Includes the enhanced value of contributions through accelerated
  encashments, not included in the figures above and new and additional
  contributions made to the GET and expected to be available for the GEF
  I.
**It is expected that other donors will make contributions amounting to
  US$60 million (SDR 42.83 million), which represents 3% of the original
  replenishment target of US$2,000 million.
 These countries are denominating their contributions in SDRs.
 Calculated by converting the SDR amount into US$, using an average of
  daily exchange rates over the period February 1, 1993, to October 31,
  1993.\2\

    Explanatory Note: Donors agreed that a core replenishment 
of US$2 billion (SDR 1427.52 million) should be built on IDA10 
shares. Since IDA10 basic shares of non-recipient donors 
participating in the replenishment meetings add up to 87.81% in 
order to avoid a funding gap, IDA10 basic shares were adjusted 
on a pro-rata basis to increase the shares of non-recipient 
donors participating in the replenishment meetings to 95% with 
the remaining 5% set aside for nonrecipient donors not 
participating in the replenishment discussions, as well as for 
recipient donors. Donors agreed to aim to make basic 
contributions to the GEF Trust Fund in accordance with these 
adjusted shares. The first column shows contributions based on 
IDA10 basic shares. Column 3 shows additional contributions 
towards reaching the adjusted IDA10 shares.
---------------------------------------------------------------------------
    \2\ No such corresponding symbol appears in Annex C, Attachment 1 
chart.
---------------------------------------------------------------------------

      Contributions to the Global Environment Facility Trust Fund

                                             Background Information
----------------------------------------------------------------------------------------------------------------
                                              Contributions  Supplementary                  Total Contributions
                                              based on IDA   Contributions    Additional  ----------------------
                                                10 Basic        towards     Supplementary
         Contributing Participants               Shares       meeting adj.  Contributions     SDR      National
                                            ---------------- IDA 10 shares      SDR m      millions    Currency
                                              SDR m     % a      SDR m                                millions b
----------------------------------------------------------------------------------------------------------------
Australia..................................    20.84   1.46  .............  .............    20.84         42.76
Austria....................................    12.85   0.90        1.05           0.37       14.28        231.51
Canada.....................................    57.10   4.00        4.68     .............    61.78        111.11
Denmark....................................    18.56   1.30        1.52           5.00       25.08          
Finland....................................    14.28   1.00        1.17     .............    15.45        124.00
France*....................................   100.21   7.02        2.05     .............   102.26        806.71
Germany....................................   157.03  11.00       12.86           1.41      171.30        394.76
Italy......................................    75.66   5.30        6.20     .............    81.86    159,803.25
Japan......................................   266.95  18.70       21.86           7.14      295.95     45,698.09
Netherlands................................    47.11   3.30        3.86     .............    50.97          
New Zealand................................     1.71   0.12        0.14           2.15        4.00         10.35
Norway.....................................    20.27   1.42        1.66     .............    21.93        216.42
Portugal...................................     1.71   0.12        0.14           2.15        4.00          
Spain......................................    11.42   0.80        0.94     .............    12.36      2,180.10
Sweden.....................................    37.40   2.62        3.06           1.14       41.60        450.04
Switzerland................................    24.84   1.74        2.03           5.10       31.97          
United Kingdom.............................    87.79   6.15        7.19           1.06       96.04         89.55
United States..............................   297.78  20.86        9.14     .............   306.92        430.00
----------------------------------------------------------------------------------------------------------------
a IDA10 basic shares as agreed by IDA deputies in December 1992.
b Calculated by converting the SDR amount of the total contribution to the national currency, using an average
  of daily exchange rates over the period February 1, 1993, to October 31, 1993.
 This SDR amount includes the effect of early encashment.
 These countries are denominating their contributions in SDRs.
*At the 12-month exchange rate, from November 1, 1992-October 31, 1993, the total contribution of French francs
  (FF) 806.71 million to the GEF Trust Fund is equivalent to SDR 103.58 million. The IDA10 basic share is SDR
  100.50 million; hence the supplementary contribution is SDR 3.08 million.
Memorandum Item: In addition to the above contributions, the following countries have indicated their intention
  to provide cofinancing or parallel financing on grant or concessional terms in support of the GEF: Austria
  (SDR 6 million); Denmark; France (FF 440 million); and Norway.

                         Annex C--Attachment 2

                 Global Environment Facility Trust Fund

                        Instrument of Commitment

    Reference is made to Resolution No. 94-2 of the Executive 
Directors of the International Bank for Reconstruction and 
Development entitled ``Global Environment Facility Trust Fund: 
Restructuring and First Replenishment of the Global Environment 
Facility,'' which was adopted on May 24, 1994 (``the 
Resolution'').
    The Government of _____________ hereby notifies the Bank as 
Trustee of the Global Environment Facility Trust Fund that it 
will participate in the Global Environment Facility Trust Fund 
and pursuant to paragraph 2(a) of Annex C of the Instrument 
referred to in paragraph 1 of the Resolution it will make the 
contribution authorized for it in accordance with the terms of 
the Resolution in the amount of _____________.
 _______    ______________________

(Date)                           (Name and Office)

                                Annex D

       Principles of Cooperation Among the Implementing Agencies

                         I. General Principles

    1. At the United Nations Conference on Environment and 
Development, Governments recognized that new forms of 
cooperation are required to achieve better integration among 
national and local government, industry, science, environmental 
groups and the public in developing and implementing effective 
approaches to integrating environment and development. The 
responsibility for bringing about changes lies primarily with 
Governments in consultation with national major groups and 
local communities, and in collaboration with national, regional 
and international organizations, including in particular UNDP, 
UNEP and the World Bank.
    2. In this context, the GEF has a special role to play in 
providing new and additional grant and concessional funding to 
meet the agreed incremental costs of measures to achieve agreed 
global environmental benefits in accordance with paragraphs 2 
and 3 of the Instrument.
    3. By designating UNDP, UNEP and the World Bank as the 
Implementing Agencies of the GEF, the Participants have 
recognized that the three agencies have key roles to play in 
the implementation of GEF-financed activities within their 
respective spheres of competence, and in facilitating 
cooperation in GEF-financed activities by multilateral 
development banks, United Nations agencies and programs, other 
international institutions, national institutions and bilateral 
development agencies, local communities, non-governmental 
organizations, the private sector and the academic community in 
accordance with paragraph 28 of the Instrument.
    4. For their part, the three agencies recognize the need 
for institutional arrangements in conformity with, and 
providing input to the fulfillment of, GEF objectives, based on 
a results oriented approach and in a spirit of partnership, and 
consistent with the principles of universality, democracy, 
transparency, cost-effectiveness and accountability.
    5. The Implementing Agencies will put these principles into 
practice by ensuring the development and implementation of 
programs and projects which are country-driven and based on 
national priorities designed to support sustainable 
development. Actions needed to attain global environmental 
benefits are strongly influenced by existing national policies 
and sub regional and regional cooperative mechanisms. GEF 
financing will need to be coordinated with appropriate national 
policies and strategies as well as with development financing. 
To the extent that the GEF operates a funding mechanism for 
global environmental conventions, the Implementing Agencies 
will focus on joint programming and implementation with 
eligible countries, either directly or, where appropriate, at a 
sub regional or regional level, of the program priorities and 
criteria adopted by the Conference of the Parties to each 
Convention.
    6. In developing joint work programs and in project 
preparation, the Implementing Agencies will, through country-
driven initiatives, collaborate with eligible countries in the 
identification of projects for GEF funding through a jointly 
operated Project Preparation Assistance Program. Priority will 
be given to integrating global environmental concerns with 
national ones in the framework of national sustainable 
development strategies.
    7. The Implementing Agencies will ensure the cost-
effectiveness and sustainability of their activities in 
addressing the targeted global environmental issues. In this 
context, one important feature of adhering to these principles 
is that the least-cost sustainable means of meeting many global 
environmental objectives lie in a combination of investment, 
technical assistance, and policy actions at the national and 
regional level. The experience and mandate of each Implementing 
Agency will contribute to bringing to light, when assessing 
specific project interventions, the range of possible policy, 
technical assistance and investment options. In addition, each 
Implementing Agency will strive to promote measures to achieve 
global environmental benefits within the context of its regular 
work programs.
    8. The Implementing Agencies are committed to facilitating 
continued effective participation, as appropriate, of major 
groups and local communities and to promoting opportunities for 
mobilizing outside resources in support of GEF activities.
    9. Collaboration among the Implementing Agencies will be 
sufficiently flexible to promote introduction of modifications 
as the need arises. Within an overall cooperative framework, 
the Implementing Agencies will strive for innovative approaches 
to strengthening their collaboration and effectiveness, in 
particular at the country level, and an efficient division of 
labor that maximizes the synergy among them and recognizes 
their terms of reference and comparative advantages.

                II. Emphasis of Each Implementing Agency

    10. The Implementing Agencies recognize that in carrying 
out their responsibilities there will be areas of shared 
interest and work effort focusing primarily on the integration 
of GEF objectives and activities with national sustainable 
development strategies. In addition to collaboration in 
promoting an efficient and effective response to issues of 
shared interest, the agencies' partnership will recognize 
distinctive areas of emphasis.
    11. Areas of particular emphasis for each of the 
Implementing Agencies will be as follows:
          (a) UNDP will play the primary role in ensuring the 
        development and management of capacity building 
        programs and technical assistance projects. Through its 
        global network of field offices, UNDP will draw upon 
        its experience in human resources development, 
        institutional strengthening, and non-governmental and 
        community participation to assist countries in 
        promoting, designing and implementing activities 
        consistent with the purpose of the GEF and national 
        sustainable development strategies. Also drawing on its 
        intercountry programming experience, UNDP will 
        contribute to the development of regional and global 
        projects within the GEF work program in cooperation 
        with the other Implementing Agencies.
          (b) UNEP will play the primary role in catalyzing the 
        development of scientific and technical analysis and in 
        advancing environmental management in GEF-financed 
        activities. UNEP will provide guidance on relating the 
        GEF-financed activities to global, regional and 
        national environmental assessments, policy frameworks 
        and plans, and to international environmental 
        agreements. UNEP will also be responsible for 
        establishing and supporting the Scientific and 
        Technical Advisory Panel (STAP) as an advisory body to 
        the GEF.
          (c) The World Bank will play the primary role in 
        ensuring the development and management of investment 
        projects. The World Bank will draw upon its investment 
        experience in eligible countries to promote investment 
        opportunities and to mobilize private sector resources 
        that are consistent with GEF objectives and national 
        sustainable development strategies.

                     III. Process of Collaboration

    12. The Implementing Agencies will be accountable to the 
Council for their GEF-financed activities in accordance with 
paragraph 22 of the Instrument.
    13. Responsibility for facilitating and coordinating GEF-
financed activities will be vested in the Secretariat in 
accordance with paragraph 21 of the Instrument. The 
Secretariat, in addition to servicing the Assembly and the 
Council, will provide a focal point for coordinating the GEF-
financed activities of the Implementing Agencies, including 
interaction of the Implementing Agencies with the Council, 
coordination of the preparation of the GEF joint work program, 
oversight of the implementation of program activities pursuant 
to the joint work program, preparation and monitoring of 
budgets, and ensuring liaison with other bodies as appropriate.
    14. In order to facilitate the collaboration between the 
agencies and ensure the effective development and execution of 
the GEF joint work program, an ongoing interagency process is 
essential. Such a process will be embodied in an interagency 
committee, which will function on two distinct levels:
          (a) As an institutionalized high-level forum focusing 
        on strategic operational issues, common direction and 
        broad guidance of the interagency collaborative 
        process. This forum will consist of the heads of agency 
        or their representatives and will be convened by the 
        Chief Executive Officer of the Facility (CEO). It will 
        meet regularly as needed, and no less than once a year.
          (b) As a staff level interagency group which will 
        collaborate with the Secretariat in the preparation of 
        a joint work program, focus on all pertinent issues 
        concerning the operations of the Facility, its 
        projects, communication and outreach, and other 
        initiatives. This interagency group will be chaired by 
        the Secretariat in accordance with paragraph 21(e) of 
        the Instrument. Other ad hoc interagency groups may be 
        established as deemed necessary.

                                Annex E

                   Constituencies of the GEF Council

    1. GEF Participants shall be grouped in 32 constituencies, 
with 18 constituencies composed of recipient countries 
(referred to as ``recipient constituencies''), and 14 
constituencies composed principally of non-recipient countries 
(referred to as ``non-recipient constituencies'').
    2. The 18 recipient constituencies shall be distributed 
among the following geographic regions, bearing in mind the 
possibility of mixed constituencies:
    Africa    6
    Asia and Pacific    6
    Latin America and Caribbean    4
    Central, Eastern Europe and Former Soviet Union    2
    3. For each geographic region referred to in paragraph 2, 
recipient constituencies shall be formed through a process of 
consultation among the GEF recipient country Participants in 
the region in accordance with their own criteria. It is 
expected that in this consultation process a number of criteria 
will be taken into account, including:
          (a) Equitable and balanced representation from within 
        the geographic region;
          (b) Commonality of global, regional and sub regional 
        environmental concerns;
          (c) Policies and efforts towards sustainable 
        development;
          (d) Natural resource endowment and environmental 
        vulnerability;
          (e) Contributions to the GEF as defined in paragraph 
        25(c) (iii) of the Instrument; and
          (f) All other relevant and environment-related 
        factors.
    4. The non-recipient constituencies shall be formed through 
a process of consultation among interested Participants. It is 
expected that grouping of non-recipient countries will be 
primarily guided by total contributions as defined in paragraph 
25(c) (iii) of the Instrument.
    5. Consultations to form the constituencies shall take 
place following the acceptance of the Instrument by 
representatives of the States participating in the GEF. The GEF 
Secretariat will provide assistance to facilitate these 
consultations at the regional level. The Secretariat shall be 
informed of the initial composition of each constituency no 
later than May 15, 1994.
    6. The grouping of constituencies as communicated to the 
Secretariat, including any adjustments pursuant to paragraph 8 
of this Annex, shall be subject to confirmation by the Council 
after the effective date of the establishment of the GEF Trust 
Fund, taking into account the instruments deposited in 
accordance with Annex A to the Instrument.
    7. The Participant or Participants in each constituency 
shall appoint a Member and an Alternate to represent the 
constituency in the Council. The names and addresses of the 
Members and Alternates for each constituency shall be 
communicated to the Secretariat no later than two weeks prior 
to the first meeting of the Council pursuant to paragraph 33 of 
the Instrument, and shall be subject to confirmation by the 
Participant or Participants in each constituency upon the 
confirmation of the constituencies by the Council under 
paragraph 6 above.
    8. Any State that becomes a Participant in accordance with 
paragraph 7 of the Instrument after the formation of 
constituencies pursuant to paragraphs 3 to 6 above shall, after 
consultation with the Participants in the constituency 
concerned, notify the Secretariat as regards the constituency 
in which it wishes to be grouped and shall be grouped in that 
constituency subject to agreement by the Participants in that 
constituency and subsequent confirmation by the Council at its 
next meeting.
    9. Each Council Member or Alternate shall represent the 
Participant or Participants in the constituency by which that 
Member or Alternate was appointed, subject to any adjustments 
pursuant to paragraph 8 above, and any termination of 
participation in accordance with paragraph 7 of the Instrument.
    10. If the office of a Council Member or Alternate becomes 
vacant before the expiration of the term of office of the 
Member or Alternate, the Participant or Participants in the 
constituency concerned shall appoint a new Member or Alternate, 
whose name and address shall be communicated to the Secretariat 
no later than two weeks prior to the next meeting of the 
Council.
    11. In accordance with paragraph 25(a) of the Instrument, 
the Council may adopt procedures to give effect to the 
provisions of this Annex.
 7. Articles of Agreement Establishing the Inter-American Development 
                             Bank (Amended)

                                CONTENTS

                                                                   Page

Article I--Purpose and Functions.................................  1306
    Section 1--Purpose...........................................  1306
    Section 2--Functions.........................................  1306
Article II--Membership in and Capital of the Bank................  1307
    Section 1--Membership........................................  1307
    Section 1A--Categories of Resources..........................  1307
    Section 2--Authorized Ordinary Capital.......................  1307
    Section 3--Subscription of Shares............................  1308
    Section 4--Payment of Subscriptions..........................  1309
    Section 5--Ordinary Capital Resources........................  1310
Article IIA--Inter-Regional Capital of the Bank..................  1310
    Section 1--Authorized Inter-regional Capital.................  1310
    Section 2--Subscription of Shares of Inter-regional Capital..  1311
    Section 3--Payment of Subscriptions to Inter-regional Capital  1311
    Section 4--Inter-regional Capital Resources..................  1312
Article III--Operations..........................................  1312
    Section 1--Use of Resources..................................  1312
    Section 2--Categories of Operations..........................  1312
    Section 3--Basic Principle of Separation.....................  1313
    Section 4--Methods of Making or Guaranteeing Loans...........  1313
    Section 5--Limitations on Operations.........................  1314
    Section 6--Direct Loan Financing.............................  1315
    Section 7--Rules and Conditions for Making or Guaranteeing 
      Loans......................................................  1315
    Section 8--Optional Conditions for Making or Guaranteeing 
      Loans......................................................  1316
    Section 9--Use of Loans Made or Guaranteed by the Bank.......  1316
    Section 10--Payment Provisions for Direct Loans..............  1316
    Section 11--Guarantees.......................................  1317
    Section 12--Special Commission...............................  1317
    Section 13--Special Reserve..................................  1317
Article IV--Fund for Special Operations..........................  1317
    Section 1--Establishment, Purpose, and Functions.............  1317
    Section 2--Applicable Provisions.............................  1317
    Section 3--Resources.........................................  1318
    Section 4--Operations........................................  1319
    Section 5--Limitation on Liability...........................  1319
    Section 6--Limitation on Disposition of Quotas...............  1320
    Section 7--Discharge of Fund Liabilities on Borrowings.......  1320
    Section 8--Administration....................................  1320
    Section 9--Voting............................................  1320
    Section 10--Distribution of Net Profits......................  1320
    Section 11--Withdrawal of Contributions......................  1321
    Section 12--Suspension and Termination.......................  1321
Article V--Currencies............................................  1321
    Section 1--Use of Currencies.................................  1321
    Section 2--Valuation of Currencies...........................  1322
    Section 3--Maintenance of Value of the Currency Holdings of 
      the Bank...................................................  1322
    Section 4--Methods of Conserving Currencies..................  1323
Article VI--Technical Assistance.................................  1323
    Section 1--Provision of Technical Advice and Assistance......  1323
    Section 2--Cooperative Agreements on Technical Assistance....  1324
    Section 3--Expenses..........................................  1324
Article VII--Miscellaneous Powers and Distribution of Profits....  1324
    Section 1--Miscellaneous Powers of the Bank..................  1324
    Section 2--Warning To Be Placed on Securities................  1325
    Section 3--Methods of Meeting Liabilities of the Bank in Case 
      of Defaults................................................  1325
    Section 4--Distribution of Net Profits and Surplus...........  1326
Article VIII--Organization and Management........................  1327
    Section 1--Structure of the Bank.............................  1327
    Section 2--Board of Governors................................  1327
    Section 3--Board of Executive Directors......................  1328
    Section 4--Voting............................................  1330
    Section 5--President, Executive Vice President, and Staff....  1330
    Section 6--Publication of Reports and Provision of 
      Information................................................  1332
Article IX--Withdrawal and Suspension of Members.................  1332
    Section 1--Right To Withdraw.................................  1332
    Section 2--Suspension of Membership..........................  1332
    Section 3--Settlement of Accounts............................  1333
Article X--Suspension and Termination of Operations..............  1334
    Section 1--Suspension of Operations..........................  1334
    Section 2--Termination of Operations.........................  1334
    Section 3--Liability of Members and Payment of Claims........  1334
    Section 4--Distribution of Assets............................  1334
Article XI--Status, Immunities and Privileges....................  1335
    Section 1--Scope of Article..................................  1335
    Section 2--Legal Status......................................  1335
    Section 3--Judicial Proceedings..............................  1335
    Section 4--Immunity of Assets................................  1335
    Section 5--Inviolability of Archives.........................  1336
    Section 6--Freedom of Assets From Restrictions...............  1336
    Section 7--Privilege for Communications......................  1336
    Section 8--Personal Immunities and Privileges................  1336
    Section 9--Immunities From Taxation..........................  1336
    Section 10--Implementation...................................  1337
Article XII--Amendments..........................................  1337
Article XIII--Interpretation and Arbitration.....................  1338
    Section 1--Interpretation....................................  1338
    Section 2--Arbitration.......................................  1338
Article XIV--General Provisions..................................  1338
    Section 1--Principal Office..................................  1338
    Section 2--Relations With Other Organizations................  1338
    Section 3--Channel of Communication..........................  1338
    Section 4--Depositories......................................  1338
Article XV--Final Provisions.....................................  1339
    Section 1--Signature and Acceptance..........................  1339
    Section 2--Entry Into Force..................................  1339
    Section 3--Commencement of Operations........................  1340
Annex A--Subscriptions to Authorized Capital Stock of the Bank...  1341
Annex B--Contribution Quotas for the Fund for Special Operations.  1342
 7. Articles of Agreement Establishing the Inter-American Development 
                           Bank (Amended) \1\

  Done at Washington, April 8, 1959; Instrument of acceptance by the 
      United States deposited with the General Secretariat of the 
Organization of American States, October 14, 1959; Entered into force, 
December 30, 1959; Amended \2\ January 28, 1964, March 31, 1968, March 
              23, 1972, June 1, 1976, and January 27, 1977

  The countries on whose behalf this Agreement is signed agree 
to create the Inter-American Development Bank, which shall 
operate in accordance with the following provisions:
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    \1\ 10 UST 3029; TIAS 4387; 389 UNTS 69. For a list of states that 
are parties to this Agreement, see Department of State publication, 
Treaties in Force.
    \2\ Amendments:

  January 28, 1964 (21 UST 1570; TIAS 6920); Entered into force April 28, 
1964.

  March 31, 1968 (19 UST 7381; TIAS 6591); Entered into force June 30, 
1968.

  March 23, 1972 (23 UST 2455; TIAS 7437; 851 UNTS 283); Entered into force 
March 27, 1972.

  June 1, 1976 (27 UST 3547; TIAS 8383); Entered into force June 1, 1976.

  January 27, 1977 (TIAS).

                    Article I. Purpose and Functions

                           section 1. purpose

  The purpose of the Bank shall be to contribute to the 
acceleration of the process of economic and social \3\ 
development of the regional developing \3\ member countries, 
individually and collectively.
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    \3\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
amended sec. 1 by adding the words ``and social'' and ``regional 
developing''.
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                          section 2. functions

  (a) To implement its purpose, the Bank shall have the 
following functions:
          (i) to promote the investment of public and private 
        capital for development purposes;
          (ii) to utilize its own capital, funds raised by it 
        in financial markets, and other available resources, 
        for financing the development of the member countries, 
        giving priority to those loans and guarantees that will 
        contribute most effectively to their economic growth;
          (iii) to encourage private investment in projects, 
        enterprises, and activities contributing to economic 
        development and to supplement private investment when 
        private capital is not available on reasonable terms 
        and conditions;
          (iv) to cooperate with the member countries to orient 
        their development policies toward a better utilization 
        of their resources, in a manner consistent with the 
        objectives of making their economies more complementary 
        and of fostering the orderly growth of their foreign 
        trade; and
          (v) to provide technical assistance for the 
        preparation, financing, and implementation of 
        development plans and projects, including the study of 
        priorities and the formulation of specific project 
        proposals.
  (b) In carrying out its functions, the Bank shall cooperate 
as far as possible with national and international institutions 
and the private sources supplying investment capital.

           Article II. Membership in and Capital of the Bank

                         section 1. membership

  (a) The original members of the Bank shall be those members 
of the Organization of American States which, by the date 
specified in Article XV, Section 1(a), shall accept membership 
in the Bank.
  (b) \4\ Membership shall be open to other members of the 
Organization of American States and to Canada, Bahamas and 
Guyana, at such times and in accordance with such terms as the 
Bank may determine.
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    \4\ Action of the Board of Governors on March 23, 1972 (TIAS 7437) 
amended subsec. (b); further amended and restated on June 1, 1976 (TIAS 
8383).
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  Nonregional countries which are members of the International 
Monetary Fund, and Switzerland, may also be admitted to the 
Bank, at such times, and under such general rules as the Board 
of Governors shall have established. Such general rules may be 
amended only by decision of the Board of Governors by a two-
thirds majority of the total number of governors, including 
two-thirds of the governors of nonregional members, 
representing not less than three-fourths of the total voting 
power of the member countries.

                 section 1a.\5\ categories of resources

  The resources of the Bank shall consist of the ordinary 
capital resources, provided for in this article, and the inter-
regional capital resources, provided for in Article IIA, and 
the resources of the Fund for Special Operations established by 
Article IV (hereinafter called the Fund).
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    \5\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
added sec. 1A.
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               section 2.\6\ authorized ordinary capital

  (a) The authorized ordinary capital stock of the Bank 
initially shall be in the amount of eight hundred fifty million 
dollars ($850,000,000) \7\ in terms of United States dollars of 
the weight and fineness in effect on January 1, 1959 and shall 
be divided into 85,000 shares having a par value of $10,000 
each, which shall be available for subscription by members in 
accordance with Section 3 of this article.
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    \6\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
amended sec. 2.
    \7\ On January 28, 1964, the Board of Governors increased the 
authorized capital stock of the Bank to two billion one hundred and 
fifty million dollars ($2,150,000,000); on June 20, 1968, to three 
billion one hundred and fifty million dollars ($3,150,000,000); and on 
December 30, 1971, to five billion one hundred and fifty million 
dollars ($5,150,000,000). Due to the devaluation of the U.S. dollar and 
other member currency, a special adjustment process occurred during 
1972 and 1973 which increased the resources available for ordinary 
capital lending to $6.2 billion (as of December 31, 1974, in terms of 
current U.S. dollars). In 1976, the authorized ordinary capital of the 
Bank was again increased by $2.9 billion bringing the total to $9.1 
billion. In 1979, the ordinary capital of the Bank was increased by $8 
billion. In 1983, the authorized capital stock (ordinary and inter-
regional capital resources) was increased by an additional $15 billion 
with the approval of the Sixth General Increase of Resources for the 
period 1983 through 1986. In April 1989, as part of the seventh 
replenishment, the ordinary capital stock was increased by $26.5 
billion. In April 1995, as part of the eighth replenishment, the 
ordinary capital stock was increased by $40 billion, bringing the total 
to $101 billion.
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  (b) The authorized ordinary capital stock shall be divided 
into paid-in shares and callable shares. The equivalent of four 
hundred million dollars ($400,000,000) shall be paid in, and 
four hundred fifty million dollars ($450,000,000) shall be 
callable for the purposes specified in Section 4(a)(ii) of this 
article.
  (c) The ordinary capital stock indicated in (a) of this 
section shall be increased by five hundred million dollars 
($500,000,000) in terms of United States dollars of the weight 
and fineness existing on January 1, 1959, provided that:
          (i) the date for payment of all subscriptions 
        established in accordance with Section 4 of this 
        article shall have passed; and
          (ii) a regular or special meeting of the Board of 
        Governors, held as soon as possible after the date 
        referred to in subparagraph (i) of this paragraph, 
        shall have approved the above-mentioned increase of 
        five hundred million dollars ($500,000,000) by a three-
        fourths majority of the total voting power of the 
        member countries.
  (d) The increase of capital stock provided for in the 
preceding paragraph shall be in the form of callable capital.
  (e) Notwithstanding the provisions of paragraphs (c) and (d) 
of this section and subject to the provisions of Article VIII, 
Section 4(b), the authorized ordinary capital stock may be 
increased when the Board of Governors deems it advisable and in 
a manner agreed upon by a three-fourths majority of the total 
voting power of the member countries, including a two-thirds 
majority of the governors of regional members.
  (f) Whenever the authorized inter-regional capital stock is 
increased pursuant to Article IIA, Section 1(c), and a member 
exercises the option provided for in Article II, Section 3(f), 
ordinary capital stock shall be increased in the amount 
required to allow such member to exercise that option and the 
inter-regional capital stock available for subscription by that 
member shall be reduced in an equivalent amount and be 
appropriately canceled.

                  section 3.\8\ subscription of shares

  (a) Each regional member shall subscribe to shares of the 
ordinary capital stock of the Bank, and nonregional members may 
subscribe thereto in accordance with the terms of paragraph (b) 
of this section and in accordance with such terms as the Board 
of Governors shall establish. The number of shares to be 
subscribed by the original members shall be those set forth in 
Annex A of this Agreement, which specifies the obligations of 
each member as to both paid-in and callable capital. The number 
of shares to be subscribed by other members shall be determined 
by the Bank.
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    \8\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 3.
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  (b) In case of an increase in ordinary capital pursuant to 
Section 2, paragraph (c) or (e) of this article, or an increase 
in inter-regional capital pursuant to Article IIA, Section 
1(c), or an increase in both ordinary and inter-regional 
capital, each member shall have a right to subscribe, under 
such conditions as the Bank shall decide, to a proportion of 
the increase of stock equivalent to the proportion which its 
stock theretofore subscribed bears to the total capital stock 
of the Bank. No member, however, shall be obligated to 
subscribe to any part of such increased capital.
  (c) Shares of ordinary capital stock initially subscribed by 
original members shall be issued at par. Other shares shall be 
issued at par unless the Bank decides in special circumstances 
to issue them on other terms.
  (d) The liability of the member countries on ordinary capital 
shares shall be limited to the unpaid portion of their issue 
price.
  (e) Shares of ordinary capital stock shall not be pledged or 
encumbered in any manner, and they shall be transferable only 
to the Bank.
  (f) Any member having the right to subscribe to the 
interregional capital stock of the Bank under paragraph (b) of 
this section, shall have the option of waiving that right and 
subscribing in lieu thereof to an equivalent amount of ordinary 
capital stock.

                  section 4. payment of subscriptions

  (a) Payment of the subscriptions to the ordinary \9\ capital 
stock of the Bank as set forth in Annex A shall be made as 
follows:
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    \9\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``ordinary'' in two places in subsec. (a) and struck out 
``(iii)'' and inserted in lieu thereof ``(v)''.
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          (i) Payment of the amount subscribed by each country 
        to the paid-in capital stock of the Bank shall be made 
        in three installments, the first of which shall be 20 
        percent, and the second and third each 40 percent, of 
        such amount. The first installment shall be paid by 
        each country at any time on or after the date on which 
        this Agreement is signed, and the instrument of 
        acceptance or ratification deposited, on its behalf in 
        accordance with Article XV, Section 1, but not later 
        than September 30, 1960. The remaining two installments 
        shall be paid on such dates as are determined by the 
        Bank, but not sooner than September 30, 1961, and 
        September 30, 1962, respectively.
          Of each installment, 50 percent shall be paid in gold 
        and/or dollars and 50 percent in the currency of the 
        member.
          (ii) The callable portion of the subscription for 
        ordinary \9\ capital shares in the Bank shall be 
        subject to call only when required to meet the 
        obligations of the Bank created under Article III, 
        Section 4(ii) and (v) \9\ on borrowing of funds for 
        inclusion in the Bank's ordinary capital resources or 
        guarantees chargeable to such resources. In the event 
        of such a call, payment may be made at the option of 
        the member either in gold, in United States dollars, or 
        in the currency required to discharge the obligations 
        of the Bank for the purpose for which the call is made.
          Calls on unpaid subscriptions shall be uniform in 
        percentage on all shares.
  (b) Each payment of a member in its own currency under 
paragraph (a)(i) of this section shall be in such amount as, in 
the opinion of the Bank, is equivalent to the full value of 
terms of United States dollars of the weight and fineness in 
effect on January 1, 1959, of the portion of the subscription 
being paid. The initial payment shall be in such amount as the 
member considers appropriate hereunder but shall be subject to 
such adjustment, to be effected within 60 days of the date on 
which the payment was due, as the Bank shall determine to be 
necessary to constitute the full dollar value equivalent as 
provided in this paragraph.
  (c) Unless otherwise determined by the Board of Governors by 
a three-fourths majority of the total voting power of the 
member countries, the liability of members of payment of the 
second and third installments of the paid-in portion of their 
subscriptions to the capital stock shall be conditional upon 
payment of not less than 90 percent of the total obligations of 
the members due for--
          (i) the first and second installments, respectively, 
        of the paid-in portion of the subscriptions; and
          (ii) the initial payment and all prior calls on the 
        subscription quotas to the Fund.

                 section 5. ordinary capital resources

  As used in this Agreement, the term ``ordinary capital 
resources'' of the Bank shall be deemed to include the 
following:
          (i) authorized ordinary \10\ capital, including both 
        paid-in and callable shares, subscribed pursuant to 
        Sections 2 and 3 of this article;
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    \10\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``ordinary''.
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          (ii) all funds raised by borrowings under the 
        authority of Article VII, Section 1(i) to which the 
        commitment set forth in Section 4(a)(ii) of this 
        article is applicable;
          (iii) all funds received in repayment of loans made 
        with the resources indicated in (i) and (ii) of this 
        section;
          (iv) all income derived from loans made from the 
        aforementioned funds or from guarantees to which the 
        commitment set forth in Section 4(a)(ii) of this 
        article is applicable; and
          (v) \11\ all other income derived from any of the 
        resources mentioned above.
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    \11\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
added subpara. (v).
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          Article IIA. Inter-Regional Capital of the Bank \12\

              section 1. authorized inter-regional capital

  (a) The initial authorized inter-regional capital stock of 
the Bank shall be four hundred twenty million dollars 
($420,000,000) \13\ in terms of United States dollars of the 
weight and fineness in effect on January 1, 1959 and shall be 
divided into 42,000 shares having a par value of $10,000 each, 
which shall be available for subscription by members in 
accordance with Section 2 of this article.
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    \12\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
added Article IIA.
    \13\ In 1976, 1980, and 1983, the Board of Governors increased the 
inter-regional capital stock of the Bank.
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  (b) The authorized inter-regional capital stock shall be 
divided into paid-in shares and callable shares. Of the initial 
authorized inter-regional capital stock, the equivalent of 
seventy million dollars ($70,000,000) shall be paid-in, and 
three hundred fifty million dollars ($350,000,000) shall be 
callable for the purposes specified in Section 3(c) of this 
article.
  (c) Subject to the provisions of Article VIII, Section 4(b), 
the authorized inter-regional capital stock may be increased 
when the Board of Governors deems it advisable and in a manner 
agreed upon by a two-thirds majority of the total number of 
governors, including two-thirds of the governors of regional 
members, representing not less than three-fourths of the total 
voting power of the member countries.
  (d) Whenever the authorized ordinary capital stock is 
increased pursuant to Article II, Section 2(e), and a member 
exercises the option provided for in Article IIA, Section 2(g), 
inter-regional capital stock shall be increased in the amount 
required to allow such member to exercise that option and the 
ordinary capital stock available for subscription by that 
member shall be reduced in an equivalent amount and be 
appropriately canceled.

      section 2. subscription of shares of inter-regional capital

  (a) Each nonregional member shall subscribe to shares of the 
inter-regional capital stock, and regional members may 
subscribe thereto in accordance with the terms of Article II, 
Section 3(b), and in accordance with such terms as the Board of 
Governors shall establish, subject to the provisions of this 
section.
  (b) The subscription of each original nonregional member 
shall be such number of shares of paid-in and callable inter-
regional capital stock as may be determined by the Bank. The 
subscription, including the manner of its payment, of any new 
nonregional member shall be determined by the Bank with due 
regard to the conditions of the existing subscriptions.
  (c) Regional members may subscribe to the inter-regional 
capital stock on such terms as the Bank may determine, giving 
due regard to the conditions established for subscriptions by 
nonregional members.
  (d) Shares of the initial authorized inter-regional capital 
stock shall be issued at par. Other shares will be issued at 
par unless the Bank decides in special circumstances to issue 
them on other terms.
  (e) The liability of the member countries on inter-regional 
capital shares shall be limited to the unpaid portion of their 
issue price.
  (f) Shares of inter-regional capital stock shall not be 
pledged or encumbered in any manner, and they shall be 
transferable only to the Bank.
  (g) Any member having the right to subscribe to the ordinary 
capital stock of the Bank under Article II, Section 3(b), shall 
have the option of waiving that right and subscribing in lieu 
thereof to an equivalent amount of inter-regional capital 
stock.

     section 3. payment of subscriptions to inter-regional capital

  (a) Payment of the amount subscribed by each country to the 
paid-in inter-regional capital stock shall be made entirely in 
the currency of the respective member, which shall make 
arrangements satisfactory to the Bank to assure that, subject 
to the provisions of Article V, Section 1(c), its currency 
shall be freely convertible into the currencies of other 
countries for the purposes of the Bank's operations.
  (b) Each payment of a member under paragraph (a) of this 
section shall be in such amount as, in the opinion of the Bank, 
is equivalent to the full value in terms of United States 
dollars of the weight and fineness in effect on January 1, 
1959, of the portion of the subscription being paid. The 
initial payment shall be in such amount as the member considers 
appropriate hereunder but shall be subject to such adjustment, 
to be effected within 60 days of the date on which the payment 
was due, as the Bank shall determine to be necessary to 
constitute the full dollar value equivalent as provided in this 
paragraph.
  (c) The callable portion of the subscription for inter-
regional capital shares of the Bank shall be subject to call 
only when required to meet the obligations of the Bank created 
under Article III, Section 4 (iv) and (v), on borrowings of 
funds for inclusion in the Bank's inter-regional capital 
resources or guarantees chargeable to such resources. In the 
event of such a call, payment may be made at the option of the 
member either in fully convertible currency of a member country 
or in the currency required to discharge the obligations of the 
Bank for the purpose for which the call is made.
  Calls on unpaid subscriptions of inter-regional callable 
capital shall be uniform in percentage on all such shares.

              section 4. inter-regional capital resources

  As used in this Agreement, the term ``inter-regional capital 
resources'' of the Bank shall be deemed to include the 
following:
          (i) Authorized inter-regional capital, including both 
        paid-in and callable shares, subscribed pursuant to 
        Section 2 of this article;
          (ii) all funds raised by borrowings under the 
        authority of Article VII, Section 1(i) to which the 
        commitment set forth in Section 3(c) of this article is 
        applicable;
          (iii) all funds received in repayment of loans made 
        with the resources indicated in (i) and (ii) of this 
        section;
          (iv) all income derived from loans made from the 
        aforementioned funds or from guarantees to which the 
        commitment set forth in Section 3(c) of this article is 
        applicable; and
          (v) all other income derived from any of the 
        resources mentioned above.

                        Article III. Operations

                      section 1. use of resources

  The resources and facilities of the Bank shall be used 
exclusively to implement the purpose and functions enumerated 
in Article I of this Agreement.

                section 2.\14\ categories of operations

  (a) The operations of the Bank shall be divided into ordinary 
operations, inter-regional resources operations, and special 
operations.
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    \14\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 2.
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  (b) The ordinary operations shall be those financed from the 
Bank's ordinary capital resources, as defined in Article II, 
Section 5. The inter-regional resources operations shall be 
those financed from the Bank's inter-regional capital 
resources, as defined in Article IIA, Section 4. Both types of 
operations shall relate exclusively to loans made, participated 
in, or guaranteed by the Bank which are repayable only in the 
respective currency or currencies in which the loans were made. 
Such operations shall be subject to the terms and conditions 
that the Bank deems advisable, consistent with the provisions 
of this agreement.
  (c) The special operations shall be those financed from the 
resources of the Fund in accordance with the provisions of 
Article IV.

              section 3.\15\ basic principle of separation

  (a) Subject to the amending provisions of Article XII(a)(ii), 
the ordinary capital resources, as defined in Article II, 
Section 5, the inter-regional capital resources, as defined in 
Article IIA, Section 4, and the resources of the Fund, as 
defined in Article IV, Section 3(h), shall at all times and in 
all respects be held, used, obligated, invested, or otherwise 
disposed of entirely separate from each other.
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    \15\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 3.
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  (b) The ordinary capital resources and the inter-regional 
capital resources shall under no circumstances be charged with, 
or used to discharge, obligations, liabilities or losses 
arising out of operations for which the resources of the Fund 
were originally used or committed.
  (c) The ordinary capital resources shall under no 
circumstances be charged with, or used to discharge, 
obligations, liabilities or losses chargeable to the inter-
regional capital resources, and, except as provided in Article 
VII, Section 3(d), the inter-regional capital resources shall 
under no circumstances be charged with, or used to discharge, 
obligations, liabilities or losses chargeable to the ordinary 
capital resources.
  (d) The financial statements of the Bank shall show 
separately the ordinary operations, the inter-regional 
resources operations, and the special operations, and the Bank 
shall establish such other administrative rules as may be 
necessary to ensure the effective separation of the three types 
of operations.
  (e) Expenses pertaining directly to ordinary operations shall 
be charged to the ordinary capital resources. Expenses 
pertaining directly to inter-regional resources operations 
shall be charged to the inter-regional capital resources. 
Expenses pertaining directly to special operations shall be 
charged to the resources of the Fund. Other expenses shall be 
charged as the Bank determines.

           section 4. methods of making or guaranteeing loans

  Subject to the conditions stipulated in this article, the 
Bank may make or guarantee loans to any member, or any agency 
or political subdivision thereof, and to any enterprise in the 
territory of a member in any of the following ways:
          (i) by making or participating in direct loans with 
        funds corresponding to the unimpaired paid-in ordinary 
        \16\ capital and, except as provided in Section 13 of 
        this article, to its reserves and undistributed 
        surplus; or with the unimpaired resources of the Fund;
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    \16\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``ordinary'' in para. (i), redesignated para. (iii) as para. 
(v), and added paras. (iii) and (iv).
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          (ii) By making or participating in direct loans with 
        funds raised by the Bank in capital markets, or 
        borrowed or acquired in any other manner for inclusion 
        in the ordinary capital resources of the Bank or the 
        resources of the Fund;
          (iii) \16\ by making or participating in direct loans 
        with funds corresponding to the unimpaired paid-in 
        inter-regional capital, including any reserves or 
        undistributed surplus pertaining to such resources;
          (iv) \16\ by making or participating in direct loans 
        with funds raised by the Bank in capital markets, or 
        borrowed or acquired in any other manner, for inclusion 
        in the inter-regional capital resources of the Bank; 
        and
          (v) \16\ by guaranteeing, with the ordinary capital 
        resources, the inter-regional capital resources, or the 
        resources of the Fund, in whole or in part loans made, 
        except in special cases, by private investors.

                section 5.\17\ limitations on operations

  (a) The total amount outstanding of loans and guarantees made 
by the Bank in its ordinary operations shall not at any time 
exceed the total amount of the unimpaired subscribed ordinary 
capital of the Bank, plus the unimpaired reserves and surplus 
included in the ordinary capital resources of the Bank, as 
defined in Article II, Section 5, exclusive of income assigned 
to the special reserve established pursuant to Section 13 of 
this article and other income of the ordinary capital resources 
assigned by decision of the Board of Governors to reserves not 
available for loans or guarantees.
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    \17\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 5.
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  (b) The total amount outstanding of loans and guarantees made 
by the Bank in its inter-regional resources operations shall 
not at any time exceed the total amount of the unimpaired 
subscribed inter-regional capital of the Bank, plus the 
unimpaired reserves and surplus included in the inter-regional 
capital resources of the Bank, as defined in Article IIA, 
Section 4, exclusive of income of the inter-regional capital 
resources assigned by decision of the Board of Governors to 
reserves not available for loans or guarantees.
  (c) In the case of loans made out of funds borrowed by the 
Bank to which the obligations provided for in Article II, 
Section 4(a)(ii), are applicable, the total amount of principal 
outstanding and payable to the Bank in a specific currency 
shall at no time exceed the total amount of principal of the 
outstanding borrowings by the Bank for inclusion in its 
ordinary capital resources that are payable in the same 
currency.
  (d) In the case of loans made out of funds borrowed by the 
Bank to which the obligations provided for in Article IIA, 
Section 3(c), are applicable, the total amount of principal 
outstanding and payable to the Bank in a specific currency 
shall at no time exceed the total amount of principal of the 
outstanding borrowings by the Bank for inclusion in its inter-
regional capital resources that are payable in the same 
currency.

                    section 6. direct loan financing

  In making direct loans or participating in them, the Bank may 
provide financing in any of the following ways:
  (a) By furnishing the borrower currencies of members, other 
than the currency of the member in whose territory the project 
is to be carried out, that are necessary to meet the foreign 
exchange costs of the project.
  (b) By providing financing to meet expenses related to the 
purposes of the loan in the territories of the member in which 
the project is to be carried out. Only in special cases, 
particularly when the project indirectly gives rise to an 
increase in the demand for foreign exchange in that country, 
shall the financing granted by the Bank to meet local expenses 
be provided in gold or in currencies other than that of such 
member; in such cases, the amount of the financing granted by 
the Bank for this purpose shall not exceed a reasonable portion 
of the local expenses incurred by the borrower.

    section 7. rules and conditions for making or guaranteeing loans

  (a) The Bank may make or guarantee loans subject to the 
following rules and conditions:
          (i) the applicant for the loan shall have submitted a 
        detailed proposal and the staff of the Bank shall have 
        presented a written report recommending the proposal 
        after a study of its merits. In special circumstances, 
        the Board of Executive Directors, by a majority of the 
        total voting power of the member countries, may require 
        that a proposal be submitted to the Board for decision 
        in the absence of such a report;
          (ii) in considering a request for a loan or 
        guarantee, the Bank shall take into account the ability 
        of the borrower to obtain the loan from private sources 
        of financing on terms which, in the opinion of the 
        Bank, are reasonable for the borrower, taking into 
        account all pertinent factors;
          (iii) in making or guaranteeing a loan, the Bank 
        shall pay due regard to the prospects that the borrower 
        and its guarantor, if any, will be in a position to 
        meet their obligations under the loan contract;
          (iv) in the opinion of the Bank, the rate of 
        interest, other charges and the schedule for repayment 
        of principal are appropriate for the project in 
        question;
          (v) in guaranteeing a loan made by other investors, 
        the Bank shall receive suitable compensation for its 
        risk; and
          (vi) loans made or guaranteed by the Bank shall be 
        principally for financing specific projects, including 
        those forming part of a national or regional 
        development program. However, the Bank may make or 
        guarantee overall loans to development institutions or 
        similar agencies of the members in order that the 
        latter may facilitate the financing of specific 
        development projects whose individual financing 
        requirements are not, in the opinion of the Bank, large 
        enough to warrant the direct supervision of the Bank.
  (b) The Bank shall not finance any undertaking in the 
territory of a member if that member objects to such financing.

    section 8. optional conditions for making or guaranteeing loans

  (a) In the case of loans or guarantees of loans to 
nongovernmental entities, the Bank may, when it deems it 
advisable, require that the member in whose territory the 
project is to be carried out, or a public institution or a 
similar agency of the member acceptable to the Bank, guarantee 
the repayment of the principal and the payment of interest and 
other charges on the loan.
  (b) The Bank may attach such other conditions to the making 
of loans or guarantees as it deems appropriate, taking into 
account both the interest of the members directly involved in 
the particular loan or guarantee proposal and the interests of 
the members as a whole.

         section 9. use of loans made or guaranteed by the bank

  (a) Except as provided in Article V, Section 1, the Bank 
shall impose no condition that the proceeds of a loan shall be 
spent in the territory of any particular country nor that such 
proceeds shall not be spent in the territories of any 
particular member or members; provided, however, that with 
respect to any increase of the resources of the Bank the 
question of restriction of procurement by the Bank or any 
member with regard to those members which do not participate in 
an increase under the terms and conditions specified by the 
Board of Governors may be determined by the Board of 
Governors.\18\
---------------------------------------------------------------------------
    \18\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
added the words to this point beginning with ``provided, however,''.
---------------------------------------------------------------------------
  (b) The Bank shall take the necessary measures to insure that 
the proceeds of any loan made, guaranteed, or participated in 
by the Bank are used only for the purposes for which the loan 
was granted, with due attention to considerations of economy 
and efficiency.

            section 10. payment provisions for direct loans

  Direct loan contracts made by the Bank in conformity with 
Section 4 \19\ of this article shall establish:
---------------------------------------------------------------------------
    \19\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
struck out ``(i) or (ii)'' which formerly appeared at this point.
---------------------------------------------------------------------------
  (a) All the terms and conditions of each loan, including 
among others, provision for payment of principal, interest and 
other charges, maturities, and dates of payment; and
  (b) The currency or currencies in which payments shall be 
made to the Bank.

                         section 11. guarantees

  (a) In guaranteeing a loan the Bank shall charge a guarantee 
fee, at a rate determined by the Bank, payable periodically on 
the amount of the loan outstanding.
  (b) Guarantee contracts concluded by the Bank shall provide 
that the Bank may terminate its liability with respect to 
interest if, upon default by the borrower and by the guarantor, 
if any, the Bank offers to purchase, at par and interest 
accrued to a date designated in the offer, the bonds or other 
obligations guaranteed.
  (c) In issuing guarantees, the Bank shall have power to 
determine any other terms and conditions.

                     section 12. special commission

  On all loans, participations, or guarantees made out of or by 
commitment of the ordinary capital resources of the Bank, the 
latter shall charge a special commission. The special 
commission, payable periodically, shall be computed on the 
amount outstanding on each loan, participation, or guarantee 
and shall be at the rate of one percent per annum, unless the 
Bank, by a two-thirds majority of the total voting power of the 
member countries, decides to reduce the rate of commission.

                      section 13. special reserve

  The amount of commissions received by the Bank under Section 
12 of this article shall be set aside as a special reserve, 
which shall be kept for meeting liabilities of the Bank in 
accordance with Article VII, Section 3(b)(i). The special 
reserves shall be held in such liquid form, permitted under 
this Agreement, as the Board of Executive Directors may decide.

                Article IV. Fund for Special Operations

            section 1. establishment, purpose, and functions

  A Fund for Special Operations is established for the making 
of loans on terms and conditions appropriate for dealing with 
special circumstances arising in specific countries or with 
respect to specific projects.
  The Fund, whose administration shall be entrusted to the 
Bank, shall have the purpose and functions set forth in Article 
I of this Agreement.

                    section 2. applicable provisions

  The Fund shall be governed by the provisions of the present 
article and all other provisions of this Agreement, excepting 
those inconsistent with the provisions of the present article 
and those expressly applying only to other \20\ operations of 
the Bank.
---------------------------------------------------------------------------
    \20\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
struck out ``the ordinary'', inserted in lieu thereof ``other'' in sec. 
2, and inserted ``Bahamas and Guyana,'' in sec. 3(b).
---------------------------------------------------------------------------

                          section 3. resources

  (a) The original members of the Bank shall contribute to the 
resources of the Fund in accordance with the provisions of this 
section.
  (b) Members of the Organization of American States that join 
the Bank after the date specified in Article XV, Section 1(a), 
Canada, Bahamas and Guyana,\20\ and countries that are admitted 
in accordance with Article II, Section 1(b), shall contribute 
to the Fund with such quotas, and under terms, as may be 
determined by the Bank.\21\
---------------------------------------------------------------------------
    \21\ Action by the Board of Governors on March 23, 1972 (TIAS 7437) 
amended and restated subsec. (b).
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  (c) The Fund shall be established with initial resources in 
the amount of one hundred and fifty million dollars 
($150,000,000) \22\ in terms of United States dollars of the 
weight and fineness in effect on January 1, 1959, which shall 
be contributed by the original members of the Bank in 
accordance with the quotas specified in Annex B.
---------------------------------------------------------------------------
    \22\ The Board of Governors increased the authorized resources of 
the Fund for Special Operations (FSO) on January 28, 1964, to $223.158 
million; on March 31, 1965, to $1.123 billion; on December 29, 1967, to 
$2.323 billion; on October 16, 1969, to $2.328 billion; and on May 3, 
1972 to $2.388 billion. In addition, on December 31, 1970, the Board of 
Governors approved a resolution providing for a further increase of 
$1.5 billion, an amount that increased the authorized resources of the 
FSO to $3.888 billion. Effective in 1976, the authorized resources of 
the Fund were again increased to $5.4 billion. In 1980 the authorized 
resources of the Fund were increased by $1.75 billion, raising the 
total resources to $7.655 billion. The Board of Governors approved a 
further increase of $703 million in 1983, followed by another increase 
of $200 million in April 1989. In April 1994, the Board of Governors 
approved an additional increase of $1 billion, bringing total FSO 
resources to over $10 billion.
---------------------------------------------------------------------------
  (d) Payment of the quotas shall be made as follows:
          (i) Fifty percent of its quota shall be paid by each 
        member at any time on or after the date on which this 
        Agreement is signed, and the instrument of acceptance 
        or ratification deposited, on its behalf in accordance 
        with Article XV, Section 1, but not later than 
        September 30, 1960.
          (ii) The remaining 50 percent shall be paid at any 
        time subsequent to one year after the Bank has begun 
        operations, in such amounts and at such times as are 
        determined by the Bank; provided, however, that the 
        total amount of all quotas shall be made due and 
        payable not later than the date fixed for payment of 
        the third installment of the subscriptions to the paid-
        in capital stock of the Bank.
          (iii) The payments required under this section shall 
        be distributed among the members in proportion to their 
        quotas and shall be made one-half in gold and/or United 
        States dollars, and one-half in the currency of the 
        contributing member.
  (e) Each payment of a member in its own currency under the 
preceding paragraph shall be in such amount as, in the opinion 
of the Bank, is equivalent to the full value, in terms of 
United States dollars of the weight and fineness in effect on 
January 1, 1959, of the portion of the quota being paid. The 
initial payment shall be in such amount as the member considers 
appropriate hereunder but shall be subject to such adjustment, 
to be effected within 60 days of the date on which payment was 
due, as the Bank shall determine to be necessary to constitute 
the full dollar value equivalent as provided in this paragraph.
  (f) Unless otherwise determined by the Board of Governors by 
a three-fourths majority of the total voting power of the 
member countries, the liability of members for payment of any 
call on the unpaid portion of their subscription quotas to the 
Fund shall be conditional upon payment of not less than 90 
percent of the total obligations of the members for--
          (i) the initial payment and all prior calls on such 
        quota subscriptions to the Fund; and
          (ii) any installments due on the paid-in portion of 
        the subscriptions to the capital stock of the Bank.
  (g) The resources of the Fund shall be increased through 
additional contributions by the members when the Board of 
Governors considers it advisable by a three-fourths majority of 
the total voting power of the member countries. The provisions 
of Article II, Section 3(b), shall apply to such increases, in 
terms of the proportion between the quota in effect for each 
member and the total amount of the resources of the Fund 
contributed by members. No member, however, shall be obligated 
to contribute any part of such increase.\23\
---------------------------------------------------------------------------
    \23\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
added this sentence.
---------------------------------------------------------------------------
  (h) As used in this Agreement, the term ``resources of the 
Fund'' shall be deemed to include the following:
          (i) contributions by members pursuant to paragraphs 
        (c) and (g) of this section;
          (ii) all funds raised by borrowing to which the 
        commitment stipulated in Article II, Section 4(a)(ii), 
        and Article IIA, Section 3(c), are \24\ not applicable, 
        i.e., those that are specifically chargeable to the 
        resources of the Fund;
---------------------------------------------------------------------------
    \24\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``, and Article IIA, Section 3(c), are''.
---------------------------------------------------------------------------
          (iii) all funds received in repayment of loans made 
        from the resources mentioned above;
          (iv) all income derived from operations using or 
        committing any of the resources mentioned above; and
          (v) any other resources at the disposal of the Fund.

                         section 4. operations

  (a) The operations of the Fund shall be those financed from 
its own resources, as defined in Section 3(h) of the present 
article.
  (b) Loans made with resources of the Fund may be partially or 
wholly repayable in the currency of the member in whose 
territory the project being financed will be carried out. The 
part of the loan not repayable in the currency of the member 
shall be paid in the currency or currencies in which the loan 
was made.

                   section 5. limitation on liability

  In the operations of the Fund, the financial liability of the 
Bank shall be limited to the resources and reserves of the 
Fund, and the liability of members shall be limited to the 
unpaid portion of their respective quotas that has become due 
and payable.

             section 6. limitation on disposition of quotas

  The rights of members of the Bank resulting from their 
contributions to the Fund may not be transferred or encumbered, 
and members shall have no right of reimbursement of such 
contributions except in cases of loss of the status of 
membership or of termination of the operations of the Fund.

         section 7. discharge of fund liabilities on borrowings

  Payments in satisfaction of any liability on borrowing of 
funds for inclusion in the resources of the Fund shall be 
charged--
          (i) first, against any reserve established for this 
        purpose; and
          (ii) then, against any other funds available in the 
        resources of the Fund.

                       section 8. administration

  (a) Subject to the provisions of this Agreement, the 
authorities of the Bank shall have full powers to administer 
the Fund.
  (b) There shall be a Vice President of the Bank in charge of 
the Fund. The Vice President shall participate in the meetings 
of the Board of Executive Directors of the Bank, without vote, 
whenever matters relating to the Fund are discussed.
  (c) In the operations of the Fund the Bank shall utilize to 
the fullest extent possible the same personnel, experts, 
installations, offices, equipment, and services as it uses for 
its other \25\ operations.
---------------------------------------------------------------------------
    \25\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
struck out ``ordinary'' and inserted in lieu thereof ``other''.
---------------------------------------------------------------------------
  (d) The Bank shall publish a separate annual report showing 
the results of the Fund's financial operations, including 
profits or losses. At the annual meeting of the Board of 
Governors there shall be at least one session devoted to 
consideration of this report. In addition, the Bank shall 
transmit to the members a quarterly summary of the Fund's 
operations.

                           section 9. voting

  (a) In making decisions concerning operations of the Fund, 
each member country of the Bank shall have the voting power in 
the Board of Governors accorded to it pursuant to Article VIII, 
Section 4 (a) and (c),\26\ and each Director shall have the 
voting power in the Board of Executive Directors accorded to 
him pursuant to Article VIII, Section 4 (a) and (d).\26\
---------------------------------------------------------------------------
    \26\ Action taken by the Board of Directors on June 1, 1976, struck 
out ``(b)'' and ``(c)'' and inserted in lieu thereof ``(c)'' and 
``(d)'', respectively.
---------------------------------------------------------------------------
  (b) All decisions of the Bank concerning the operations of 
the Fund shall be adopted by a two-thirds majority of the total 
voting power of the member countries, unless otherwise provided 
in this article.

                section 10. distribution of net profits

  The Board of Governors of the Bank shall determine what 
portion of the net profits of the Fund shall be distributed 
among the members after making provision for reserves. Such net 
profits shall be shared in proportion to the quotas of the 
members.

                section 11. withdrawal of contributions

  (a) No country may withdraw its contribution and terminate 
its relations with the Fund while it is still a member of the 
Bank.
  (b) The provisions of Article IX, Section 3, with respect to 
the settlement of accounts with countries that terminate their 
membership in the Bank also shall apply to the Fund.

                 section 12. suspension and termination

  The provisions of Article X also shall apply to the Fund with 
substitution of terms relating to the Fund and its resources 
and respective creditors for those relating to the Bank and its 
capital resources and respective creditors.

                         Article V. Currencies

                    section 1.\27\ use of currencies

  (a) The currency of any member held by the Bank in its 
ordinary capital resources, in its inter-regional capital 
resources, or in the resources of the Fund, however acquired, 
may be used by the Bank and by any recipient from the Bank, 
without restriction by the member, to make payments for goods 
and services produced in the territory of such member.
---------------------------------------------------------------------------
    \27\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 1.
---------------------------------------------------------------------------
  (b) Members may not maintain or impose restrictions of any 
kind upon the use by the Bank or by any recipient from the 
Bank, or payments in any country, of the following:
          (i) gold and dollars received by the Bank in payment 
        of the 50 percent portion of each member's subscription 
        to shares of the Bank's ordinary capital and of the 50 
        percent portion of each member's quota for contribution 
        to the Fund, pursuant to the provisions of Article II 
        and Article IV, respectively, and currency received by 
        the Bank in payment of the equivalent portion of each 
        member's subscription to shares of the inter-regional 
        capital pursuant to the provisions of Article IIA;
          (ii) currencies of members purchased with the 
        resources referred to in (i) of this paragraph;
          (iii) currencies obtained by borrowings, pursuant to 
        the provisions of Article VII, Section 1(i), for 
        inclusion in the capital resources of the Bank;
          (iv) gold and dollars received by the Bank in payment 
        on account of principal, interest, and other charges, 
        of loans made from the gold and dollar funds referred 
        to in (i) of this paragraph; currencies received by the 
        Bank in payment on account of principal, interest, and 
        other charges, of loans made from the portion of the 
        inter-regional capital referred to in (i) of this 
        paragraph; currencies received in payment of principal, 
        interest, and other charges, of loans made from 
        currencies referred to in (ii) and (iii) of this 
        paragraph; and currencies received in payment of 
        commissions and fees on all guarantees made by the 
        Bank; and
          (v) currencies, other than the member's own currency, 
        received from the Bank pursuant to Article VII, Section 
        4(d), and Article IV, Section 10, in distribution of 
        net profits.
  (c) A member's currency held by the Bank, whether in its 
ordinary capital resources, in its inter-regional capital 
resources, or in the resources of the Fund, not covered by 
paragraph (b) of this section, also may be used by the Bank or 
any recipient from the Bank for payments in any country without 
restriction of any kind, unless the member notifies the Bank of 
its desire that such currency or a portion thereof be 
restricted to the uses specified in paragraph (a) of this 
section.
  (d) Members may not place any restrictions on the holding and 
use by the Bank, for making amortization payments or 
anticipating payment of, or repurchasing part or all of, the 
Bank's own obligations, of currencies received by the Bank in 
repayment of direct loans made from borrowed funds included in 
the ordinary or inter-regional capital resources of the Bank.
  (e) Gold or currency held by the Bank in its ordinary capital 
resources, in its inter-regional capital resources, or in the 
resources of the Fund shall not be used by the Bank to purchase 
other currencies unless authorized by a two-thirds majority of 
the total voting power of the member countries. Any currencies 
purchased pursuant to the provisions of this paragraph shall 
not be subject to maintenance of value under Section 3 of this 
article.

                   section 2. valuation of currencies

  Whenever it shall become necessary under this Agreement to 
value any currency in terms of another currency, or in terms of 
gold, such valuation shall be determined by the Bank after 
consultation with the International Monetary Fund.

  section 3. maintenance of value of the currency holdings of the bank

  (a) Whenever the par value in the International Monetary Fund 
of a member's currency is reduced or the foreign exchange value 
of a member's currency has, in the opinion of the Bank, 
depreciated to a significant extent, the member shall pay to 
the Bank within a reasonable time an additional amount of its 
own currency sufficient to maintain the value of all the 
currency of the member held by the Bank in its ordinary capital 
resources, in its inter-regional capital resources,\28\ or in 
the resources of the Fund, excepting currency derived from 
borrowings by the Bank. The standard of value for this purpose 
shall be the United States dollar of the weight and fineness in 
effect on January 1, 1959.
---------------------------------------------------------------------------
    \28\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``in its inter-regional capital resources,'' in subsecs. (a) 
and (b), and added subsec. (d).
---------------------------------------------------------------------------
  (b) Whenever the par value in the International Monetary Fund 
of a member's currency is increased or the foreign exchange 
value of such member's currency has, in the opinion of the 
Bank, appreciated to a significant extent, the Bank shall 
return to such member within a reasonable time an amount of 
that member's currency equal to the increase in the value of 
the amount of such currency which is held by the Bank in its 
ordinary capital resources, in its inter-regional capital 
resources,\28\ or in the resources of the Fund, excepting 
currency derived from borrowings by the Bank. The standard of 
value for this purpose shall be the same as that established in 
the preceding paragraph.
  (c) The provisions of this section may be waived by the Bank 
when a uniform proportionate change in the par value of the 
currencies of all the Bank's members is made by the 
International Monetary Fund.
  (d) \28\ Notwithstanding any other provisions of this 
section, the terms and conditions of any increase in the 
resources of the Fund pursuant to Article IV, Section 3(g), may 
include maintenance of value provisions other than those 
provided for in this section which would apply to the resources 
of the Fund contributed by such increase.

              section 4. methods of conserving currencies

  The Bank shall accept from any member promissory notes or 
similar securities issued by the government of the member, or 
by the depository designated by such member, in lieu of any 
part of the currency of the member representing the 50 percent 
portion of its subscription to the Bank's authorized ordinary 
\29\ capital and the 50 percent portion of its subscription to 
the resources of the Fund, which, pursuant to the provisions of 
Article II and Article IV, respectively, are payable by each 
member in its national currency, provided such currency is not 
required by the Bank for the conduct of its operations. Such 
\29\ notes or securities shall be non-negotiable, non-interest-
bearing, and payable to the Bank at their par value on demand. 
On the same conditions, the Bank shall also accept such notes 
or securities in lieu of any part of the subscription of a 
member to the inter-regional capital with respect to which part 
the terms of the subscription do not require payment in 
cash.\29\
---------------------------------------------------------------------------
    \29\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``ordinary'', struck out ``promissory'' which previously 
appeared after ``Such'', and added the final sentence in sec. 4.
---------------------------------------------------------------------------

                    Article VI. Technical Assistance

        section 1. provision of technical advice and assistance

  The Bank may, at the request of any member or members, or of 
private firms that may obtain loans from it, provide technical 
advice and assistance in its field of activity, particularly 
on--
          (i) the preparation, financing, and execution of 
        development plans and projects, including the 
        consideration of priorities, and the formulation of 
        loan proposals on specific national or regional 
        development projects; and
          (ii) the development and advanced training, through 
        seminars and other forms of instruction, of personnel 
        specializing in the formulation and implementation of 
        development plans and projects.

       section 2. cooperative agreements on technical assistance

  In order to accomplish the purposes of this article, the Bank 
may enter into agreements on technical assistance with other 
national or international institutions, either public or 
private.

                          section 3. expenses

  (a) The Bank may arrange with member countries or firms 
receiving technical assistance, for reimbursement of the 
expenses of furnishing such assistance on terms which the Bank 
deems appropriate.
  (b) The expenses of providing technical assistance not paid 
by the recipients shall be met from the net income of the 
ordinary capital resources, of the inter-regional capital 
resources,\30\ or of the Fund. However, during the first three 
years of the Bank's operations, up to three percent, in total, 
of the initial resources of the Fund may be used to meet such 
expenses.
---------------------------------------------------------------------------
    \30\ Action of the Board of Governors on June 1, 1976 (TIAS 8383) 
struck out ``Bank'' and inserted in lieu thereof ``ordinary capital 
resources, of the inter-regional capital resources,''.
---------------------------------------------------------------------------

     Article VII. Miscellaneous Powers and Distribution of Profits

              section 1. miscellaneous powers of the bank

  In addition to the powers specified elsewhere in this 
Agreement, the Bank shall have the power to--
          (i) borrow funds and in that connection to furnish 
        such collateral or other security therefore as the Bank 
        shall determine, provided that, before making a sale of 
        its obligations in the markets of a country, the Bank 
        shall have obtained the approval of that country and of 
        the member in whose currency the obligations are 
        denominated. In addition, in the case of borrowings of 
        funds to be included in the Bank's ordinary capital 
        resources or inter-regional capital resources,\31\ the 
        Bank shall obtain agreement of such countries that the 
        proceeds may be exchanged for the currency of any other 
        country without restriction;
---------------------------------------------------------------------------
    \31\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``or inter-regional capital resources,''.
---------------------------------------------------------------------------
          (ii) buy and sell securities it has issued or 
        guaranteed or in which it has invested, provided that 
        the Bank shall obtain the approval of the country in 
        whose territories the securities are to be bought or 
        sold;
          (iii) with the approval of a two-thirds majority of 
        the total voting power of the member countries, invest 
        funds not needed in its operations in such obligations 
        as it may determine;
          (iv) guarantee securities in its portfolio for the 
        purpose of facilitating their sale; and
          (v) exercise such other powers as shall be necessary 
        or desirable in furtherance of its purpose and 
        functions, consistent with the provisions of this 
        Agreement.

             section 2. warning to be placed on securities

  Every security issued or guaranteed by the Bank shall bear on 
its face a conspicuous statement to the effect that it is not 
an obligation of any government, unless it is in fact the 
obligation of a particular government, in which case it shall 
so state.

 section 3.\32\ methods of meeting liabilities of the bank in case of 
                                defaults

  (a) The Bank, in the event of actual or threatened default on 
loans made or guaranteed by the Bank using its ordinary capital 
resources or its inter-regional capital resources, shall take 
such action as it deems appropriate with respect to modifying 
the terms of the loan, other than the currency of repayment.
---------------------------------------------------------------------------
    \32\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 3.
---------------------------------------------------------------------------
  (b) The payments in discharge of the Bank's liabilities on 
borrowings or guarantees under Article III, Section 4 (ii) and 
(v) chargeable against the ordinary capital resources of the 
Bank shall be charged:
          (i) first, against the special reserve provided for 
        in Article III, Section 13; and
          (ii) then, to the extent necessary and at the 
        discretion of the Bank, against the other reserves, 
        surplus, and funds corresponding to the capital paid in 
        for ordinary capital shares.
  (c) Whenever necessary to meet contractual payments of 
interest, other charges, or amortization on the Bank's 
borrowings payable out of its ordinary capital resources, or to 
meet the Bank's liabilities with respect to similar payments on 
loans guaranteed by it chargeable to its ordinary capital 
resources, the Bank may call upon the members to pay an 
appropriate amount of their callable ordinary capital 
subscriptions, in accordance with Article II, Section 4(a)(ii). 
Moreover, if the Bank believes that a default may be of long 
duration, it may call an additional part of such subscriptions 
not to exceed in any one year one percent of the total 
subscriptions of the members of the ordinary capital resources, 
for the following purposes:
          (i) to redeem prior to maturity, or otherwise 
        discharge its liability on, all or part of the 
        outstanding principal of any loan guaranteed by it 
        chargeable to its ordinary capital resources in respect 
        of which the debtor is in default; and
          (ii) to repurchase, or otherwise discharge its 
        liability on, all or part of its own outstanding 
        obligations payable out of its ordinary capital 
        resources.
  (d) \33\ The Bank's liabilities on all borrowings of funds 
for inclusion in its ordinary capital resources which were 
outstanding at December 31, 1974 shall be payable out of both 
the ordinary capital resources and the inter-regional capital 
resources, including, notwithstanding the provisions of Article 
IIA, Section 3(c), the callable inter-regional capital 
subscriptions, provided, however, that the Bank shall use its 
best efforts to discharge its liabilities on such outstanding 
borrowings out of its ordinary capital resources pursuant to 
paragraphs (b) and (c) of this section before discharging such 
liabilities out of its inter-regional capital resources 
pursuant to paragraphs (e) and (f) of this section, for which 
purpose appropriate substitution shall be made in such 
paragraphs of the term ordinary capital for inter-regional 
capital.
---------------------------------------------------------------------------
    \33\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
added subsecs. (d), (e), and (f).
---------------------------------------------------------------------------
  (e) \33\ The payments in discharge of the Bank's liabilities 
on borrowings or guarantees under Article III, Section 4 (iv) 
and (v) chargeable against the inter-regional capital resources 
of the Bank shall be charged:
          (i) first, against any reserve established for this 
        purpose; and
          (ii) then, to the extent necessary and at the 
        discretion of the Bank, against the other reserves, 
        surplus, and funds corresponding to the capital paid in 
        for inter-regional capital shares.
  (f) \33\ Whenever necessary to meet contractual payments of 
interest, other charges, or amortization on the Bank's 
borrowings payable out of its inter-regional capital resources, 
or to meet the Bank's liabilities with respect to similar 
payments on loans guaranteed by it chargeable to its inter-
regional capital resources, the Bank may call upon the members 
to pay an appropriate amount of their callable inter-regional 
capital subscriptions, in accordance with Article IIA, Section 
3(c). Moreover, if the Bank believes that a default may be of 
long duration, it may call an additional part of such 
subscriptions not to exceed in any one year one percent of the 
total subscriptions of the members to the inter-regional 
capital resources, for the following purposes:
          (i) to redeem prior to maturity, or otherwise 
        discharge its liability on, all or part of the 
        outstanding principal of any loan guaranteed by it 
        chargeable to its inter-regional capital resources in 
        respect of which the debtor is in default; and
          (ii) to repurchase, or otherwise discharge its 
        liability on, all or part of its own outstanding 
        obligations payable out of its inter-regional capital 
        resources.

         section 4.\34\ distribution of net profits and surplus

  (a) The Board of Governors may determine periodically what 
part of the net profits and of the surplus of the ordinary 
capital resources and of the inter-regional capital resources 
shall be distributed. Such distributions may be made only when 
the reserves have reached a level which the Board of Governors 
considers adequate.
---------------------------------------------------------------------------
    \34\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 4.
---------------------------------------------------------------------------
  (b) When approving the statements of profit and loss, 
pursuant to Article VIII, Section 2(b)(viii), the Board of 
Governors may by decision of a two-thirds majority of the total 
number of governors representing not less than three-fourths of 
the total voting power of the member countries transfer part of 
the net profits for the respective fiscal year of the ordinary 
capital resources or of the inter-regional capital resources to 
the Fund.
  Before the Board of Governors determines to make a transfer 
to the Fund, it shall have received a report from the Board of 
Executive Directors on the desirability of such a transfer, 
which shall take into consideration, inter alia, (1) whether 
the reserves have reached a level that is adequate; (2) whether 
the transferred funds are needed for the operation of the Fund; 
and (3) the impact, if any, on the Bank's ability to borrow.
  (c) The distributions referred to in paragraph (a) of this 
section shall be made from the ordinary capital resources in 
proportion to the number of ordinary capital shares held by 
each member and from the inter-regional capital resources in 
proportion to the number of inter-regional capital shares held 
by each member and likewise the net profits transferred to the 
Fund pursuant to paragraph (b) of this section shall be 
credited to the total contribution quotas of each member in the 
Fund in the foregoing proportions.
  (d) Payments pursuant to paragraph (a) of this section shall 
be made in such manner and in such currency or currencies as 
the Board of Governors shall determine. If such payments are 
made to a member in currencies other than its own, the transfer 
of such currencies and their use by the receiving country shall 
be without restriction by any member.

               Article VIII. Organization and Management

                    section 1. structure of the bank

  The Bank shall have a Board of Governors, a Board of 
Executive Directors, a President, an Executive Vice President, 
a Vice President in charge of the Fund, and such other officers 
and staff as may be considered necessary.

                     section 2. board of governors

  (a) All the powers of the Bank shall be vested in the Board 
of Governors. Each member shall appoint one governor and one 
alternate, who shall serve for five years, subject to 
termination of appointment at any time, or to reappointment, at 
the pleasure of the appointing member. No alternate may vote 
except in the absence of his principal. The Board shall select 
one of the governors as Chairman, who shall hold office until 
the next regular meeting of the Board.
  (b) The Board of Governors may delegate to the Board of 
Executive Directors all its powers except power to--
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) increase or decrease the authorized ordinary 
        capital stock and inter-regional \35\ capital stock of 
        the Bank and the contributions to the Fund;
---------------------------------------------------------------------------
    \35\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``ordinary capital stock and inter-regional'' in para. (ii), 
and struck out ``Bank'' and inserted in lieu thereof ``ordinary capital 
resources and of the inter-regional capital resources'' in para. (ix).
---------------------------------------------------------------------------
          (iii) elect the President of the Bank and determine 
        his remuneration;
          (iv) suspend a member, pursuant to Article IX, 
        Section 2;
          (v) determine the remuneration of the executive 
        directors and their alternates;
          (vi) hear and decide any appeals from interpretations 
        of this Agreement given by the Board of Executive 
        Directors;
          (vii) authorize the conclusion of general agreements 
        for cooperation with other international organizations;
          (viii) approve, after reviewing the auditor's 
        reports, the general balance sheets and the statements 
        of profit and loss of the institution;
          (ix) determine the reserves and the distribution of 
        the net profits of the ordinary capital resources and 
        of the inter-regional capital resources \35\ and of the 
        Fund;
          (x) select outside auditors to certify to the general 
        balance sheets and the statements of profit and loss of 
        the institution;
          (xi) amend this Agreement; and
          (xii) decide to terminate the operations of the Bank 
        and to distribute its assets.
  (c) The Board of Governors shall retain full power to 
exercise authority over any matter delegated to the Board of 
Executive Directors under paragraph (b) above.
  (d) The Board of Governors shall, as a general rule, hold a 
meeting annually. Other meetings may be held when the Board of 
Governors so provides or when called by the Board of Executive 
Directors. Meetings of the Board of Governors also shall be 
called by the Board of Executive Directors whenever requested 
by five members of the Bank or by members having one-fourth of 
the total voting power of the member countries.
  (e) A quorum for any meeting of the Board of Governors shall 
be an absolute majority of the total number of governors 
including an absolute majority of the governors of regional 
members,\36\ representing not less than two-thirds of the total 
voting power of the member countries.
---------------------------------------------------------------------------
    \36\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``including an absolute majority of the governors of regional 
members,''.
---------------------------------------------------------------------------
  (f) The Board of Governors may establish a procedure whereby 
the Board of Executive Directors, when it deems such action 
appropriate, may submit a specific question to a vote of the 
governors without calling a meeting of the Board of Governors.
  (g) The Board of Governors, and the Board of Executive 
Directors to the extent authorized, may adopt such rules and 
regulations as may be necessary or appropriate to conduct the 
business of the Bank.
  (h) Governors and alternates shall serve as such without 
compensation from the Bank, but the Bank may pay them 
reasonable expenses incurred in attending meetings of the Board 
of Governors.

              section 3. board of executive directors \37\

  (a) The Board of Executive Directors shall be responsible for 
the conduct of the operations of the Bank, and for this purpose 
may exercise all the powers delegated to it by the Board of 
Governors.
---------------------------------------------------------------------------
    \37\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 3. Action by the Board of Governors on April 
28, 1964 (21 UST 157; TIAS 6920) added subsec. (j). Subsequently, 
action by the Board of Governors on March 23, 1972 (TIAS 7437) repealed 
subsec. (j). It formerly read as follows:
    ``(j) Upon the admission to the Bank of new members, having votes 
totalling not less than 22,000, the Board of Governors may, by a two-
thirds majority of the total number of governors representing not less 
than three-fourths of the total voting power of the member countries, 
increase by one the number of Executive Directors to be elected.''.
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  (b)  (i) Executive directors shall be persons of recognized 
competence and wide experience in economic and financial 
matters but who shall not be governors.
  (ii) \38\ One executive director shall be appointed by the 
member country having the largest number of shares in the Bank, 
two executive directors shall be elected by the governors of 
the nonregional member countries, and not less than eight 
others shall be elected by the governors of the remaining 
member countries. The number of executive directors to be 
elected in the last category, and the procedure for the 
election of all the elective directors shall be determined by 
regulations adopted by the Board of Governors by a three-
fourths majority of the total voting power of the member 
countries, including, with respect to provisions relating 
exclusively to the election of directors by nonregional member 
countries, a two-thirds majority of the governors of the 
nonregional members, and, with respect to provisions relating 
exclusively to the number and election of directors by the 
remaining member countries, by a two-thirds majority of the 
governors of regional members. Any change in the aforementioned 
regulations shall require the same majority of votes for its 
approval.
---------------------------------------------------------------------------
    \38\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated para. (ii).
---------------------------------------------------------------------------
  (iii) Executive directors shall be appointed or elected for 
terms of three years and may be reappointed or reelected for 
successive terms.
  (c)  Each executive director shall appoint an alternate who 
shall have full power to act for him when he is not present. 
Directors and alternates shall be citizens of the member 
countries. None of the elected directors and their alternates 
may be of the same citizenship, except in the case of countries 
that are not borrowers. Alternates may participate in meetings 
but may vote only when they are acting in place of their 
principals.
  (d) Directors shall continue in office until their successors 
are appointed or elected. If the office of an elected director 
becomes vacant more than 180 days before the end of his term, a 
successor shall be elected for the remainder of the term by the 
governors who elected the former director. An absolute majority 
of the votes cast shall be required for election. While the 
office remains vacant, the alternate shall have all the powers 
of the former director except the power to appoint an 
alternate.
  (e) The Board of Executive Directors shall function in 
continuous session at the principal office of the Bank and 
shall meet as often as the business of the Bank may require.
  (f) A quorum for any meeting of the Board of Executive 
Directors shall be an absolute majority of the total number of 
directors, including an absolute majority of regional 
members,\39\ representing not less than two-thirds of the total 
voting power of the member countries.
---------------------------------------------------------------------------
    \39\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``, including an absolute majority of regional members,''.
---------------------------------------------------------------------------
  (g) A member of the Bank may send a representative to attend 
any meeting of the Board of Executive Directors when a matter 
especially affecting that member is under consideration. Such 
right of representation shall be regulated by the Board of 
Governors.
  (h) The Board of Executive Directors may appoint such 
committees as it deems advisable. Membership of such committees 
need not be limited to governors, directors, or alternates.
  (i) The Board of Executive Directors shall determine the 
basic organization of the Bank, including the number and 
general responsibilities of the chief administrative and 
professional positions of the staff, and shall approve the 
budget of the Bank.

                         section 4.\40\ voting

  (a) Each member country shall have 135 votes plus one vote 
for each share of ordinary capital stock and for each share of 
inter-regional capital stock of the Bank held by that country, 
provided, however, that, in connection with any increase in the 
authorized ordinary or inter-regional capital stock, the Board 
of Governors may determine that the capital stock authorized by 
such increase shall not have voting rights and that such 
increase of stock shall not be subject to the preemptive rights 
established in Article II, Section 3(b).
---------------------------------------------------------------------------
    \40\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 4.
---------------------------------------------------------------------------
  (b) No increase in the subscription of any member to either 
the ordinary capital stock or the inter-regional capital stock 
shall become effective, and any right to subscribe thereto is 
hereby waived, which would have the effect of reducing the 
voting power (i) of the regional developing members below 53.5 
percent of the total voting power of the member countries; (ii) 
of the member having the largest number of shares below 34.5 
percent of such total voting power; or (iii) of Canada below 4 
percent of such total voting power.
  (c) In voting in the Board of Governors, each governor shall 
be entitled to cast the votes of the member country which he 
represents. Except as otherwise specifically provided in this 
Agreement, all matters before the Board of Governors shall be 
decided by a majority of the total voting power of the member 
countries.
  (d) In voting in the Board of Executive Directors:
          (i) the appointed director shall be entitled to cast 
        the number of votes of the member country which 
        appointed him;
          (ii) each elected director shall be entitled to cast 
        the number of votes that counted toward his election, 
        which votes shall be cast as a unit; and
          (iii) except as otherwise specifically provided in 
        this Agreement, all matters before the Board of 
        Executive Directors shall be decided by a majority of 
        the total voting power of the member countries.

       section 5. president, executive vice president, and staff

  (a) \41\ The Board of Governors, by a majority of the total 
voting power of the member countries, including an absolute 
majority of the governors of regional members, shall elect a 
President of the Bank who, while holding office, shall not be a 
governor or an executive director or alternate for either.
---------------------------------------------------------------------------
    \41\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated subsec. (a).
---------------------------------------------------------------------------
  Under the direction of the Board of Executive Directors, the 
President of the Bank shall conduct the ordinary business of 
the Bank and shall be chief of its staff. He also shall be the 
presiding officer at meetings of the Board of Executive 
Directors, but shall have no vote, except that it shall be his 
duty to cast a deciding vote when necessary to break a tie.
  The President of the Bank shall be the legal representative 
of the Bank. The term of office of the President of the Bank 
shall be five years, and he may be reelected to successive 
terms. He shall cease to hold office when the Board of 
Governors so decides by a majority of the total voting power of 
the member countries, including a majority of the total voting 
power of the regional member countries.
  (b) The Executive Vice President shall be appointed by the 
Board of Executive Directors on the recommendation of the 
President of the Bank. Under the direction of the Board of 
Executive Directors and the President of the Bank, the 
Executive Vice President shall exercise such authority and 
perform such functions in the administration of the Bank as may 
be determined by the Board of the Executive Directors. In the 
absence or incapacity of the President of the Bank, the 
Executive Vice President shall exercise the authority and 
perform the functions of the President.
  The Executive Vice President shall participate in meetings of 
the Board of Executive Directors but shall have no vote at such 
meetings, except that he shall cast the deciding vote, as 
provided in paragraph (a) of this section, when he is acting in 
place of the President of the Bank.
  (c) In addition to the Vice President referred to in Article 
IV, Section 8(b), the Board of Executive Directors may, on 
recommendation of the President of the Bank, appoint other vice 
presidents who shall exercise such authority and perform such 
functions as the Board of Executive Directors may determine.
  (d) The President, officers, and staff of the Bank, in the 
discharge of their offices, owe their duty entirely to the Bank 
and shall recognize no other authority. Each member of the Bank 
shall respect the international character of this duty.
  (e) The paramount consideration in the employment of the 
staff and in the determination of the conditions of service 
shall be the necessity of securing the highest standards of 
efficiency, competence, and integrity. Due regard shall also be 
paid to the importance of recruiting the staff on as wide a 
geographical basis as possible, taking into account the 
regional character of the institution.\42\
---------------------------------------------------------------------------
    \42\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``taking into account the regional character of the 
institution''.
---------------------------------------------------------------------------
  (f) The Bank, its officers and employees, shall not interfere 
in the political affairs of any member, nor shall they be 
influenced in their decisions by the political character of the 
member or members concerned. Only economic considerations shall 
be relevant to their decisions, and these considerations shall 
be weighted impartially in order to achieve the purpose and 
functions stated in Article I.

     section 6. publication of reports and provision of information

  (a) \43\ The Bank shall publish an annual report containing 
separate audited statements of the accounts of the ordinary 
capital resources and of the inter-regional capital resources. 
It shall also transmit quarterly to the members summary 
statements of the financial position and profit-and-loss 
statements showing separately the results of its ordinary 
operations and its inter-regional resources operations.
---------------------------------------------------------------------------
    \43\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated subsec. (a).
---------------------------------------------------------------------------
  (b) The Bank may also publish such other reports as it deems 
desirable to carry out its purpose and functions.

            Article IX. Withdrawal and Suspension of Members

                      section 1. right to withdraw

  Any member may withdraw from the Bank by delivering to the 
Bank at its principal office written notice of its intention to 
do so. Such withdrawal shall become finally effective on the 
date specified in the notice but in no event less than six 
months after the notice is delivered to the Bank. However, at 
any time before the withdrawal becomes finally effective, the 
member may notify the Bank in writing of the cancellation of 
its notice of intention to withdraw.
  After withdrawing, a member shall remain liable for all 
direct and contingent obligations to the Bank to which it was 
subject at the date of delivery of the withdrawal notice, 
including those specified in Section 3 of this article. 
However, if the withdrawal becomes finally effective, the 
member shall not incur any liability for obligations resulting 
from operations of the Bank effected after the date on which 
the withdrawal notice was received by the Bank.

                  section 2. suspension of membership

  If a member fails to fulfill any of its obligations to the 
Bank, the Bank may suspend its membership by decision of the 
Board of Governors by a three-fourths majority of the total 
voting power of the member countries, including a two-thirds 
majority of the total number of governors, which, in the case 
of suspension of a regional member country, shall include a 
two-thirds majority of the governors of regional members and, 
in the case of suspension of a non-regional member country, a 
two-thirds majority of the governors of non-regional 
members.\44\
---------------------------------------------------------------------------
    \44\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated this paragraph.
---------------------------------------------------------------------------
  The member so suspended shall automatically cease to be a 
member of the Bank one year from the date of its suspension 
unless the Board of Governors decides by the same majority to 
terminate the suspension.
  While under suspension, a member shall not be entitled to 
exercise any rights under this Agreement, except the right of 
withdrawal, but shall remain subject to all its obligations.

                   section 3. settlement of accounts

  (a) After a country ceases to be a member, it no longer shall 
share in the profits or losses of the Bank, nor shall it incur 
any liability with respect to loans and guarantees entered into 
by the Bank thereafter. However, it shall remain liable for all 
amounts it owes the Bank and for its contingent liabilities to 
the Bank so long as any part of the loans or guarantees 
contracted by the Bank before the date on which the country 
ceased to be a member remains outstanding.
  (b) When a country ceases to be a member, the Bank shall 
arrange for the repurchase of such country's capital stock as a 
part of the settlement of accounts pursuant to the provisions 
of this section; but the country shall have no other rights 
under this Agreement except as provided in this section and in 
Article XIII, Section 2.
  (c) The Bank and the country ceasing to be a member may agree 
on the repurchase of the capital stock on such terms as are 
deemed appropriate in the circumstances, without regard to the 
provisions of the following paragraph. Such agreement may 
provide, among other things, for a final settlement of all 
obligations of the country to the Bank.
  (d) If the agreement referred to in the preceding paragraph 
has not been consummated within six months after the country 
ceases to be a member or such other time as the Bank and such 
country may agree upon, the repurchase price of such country's 
capital stock shall be its book value, according to the books 
of the Bank, on the date when the country ceased to be a 
member. Such repurchase shall be subject to the following 
conditions:
          (i) As a prerequisite for payment, the country 
        ceasing to be a member shall surrender its stock 
        certificates, and such payment may be made in such 
        installments, at such times and in such available 
        currencies as the Bank determines, taking into account 
        the financial position of the Bank.
          (ii) Any amount which the Bank owes the country for 
        the repurchase of its capital stock shall be withheld 
        to the extent that the country or any of its 
        subdivisions or agencies remains liable to the Bank as 
        a result of loan or guarantee operations. The amount 
        withheld may, at the option of the Bank, be applied on 
        any such liability as it matures. However, no amount 
        shall be withheld on account of the country's 
        contingent liability for future calls on its 
        subscription pursuant to Article II, Section 4(a)(ii), 
        or Article IIA, Section 3(c).\45\
---------------------------------------------------------------------------
    \45\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``or Article IIA, Section 3(c)''.
---------------------------------------------------------------------------
          (iii) If the Bank sustains net losses on any loans or 
        participations, or as a result of any guarantees, 
        outstanding on the date the country ceased to be a 
        member, and the amount of such losses exceeds the 
        amount of the reserves provided therefor on such date, 
        such country shall repay on demand the amount by which 
        the repurchase price of its shares would have been 
        reduced, if the losses had been taken into account when 
        the book value of the shares, according to the books of 
        the Bank, was determined. In addition, the former 
        member shall remain liable on any call pursuant to 
        Article II, Section 4(a)(ii), or Article IIA, Section 
        3(c),\45\ to the extent that it would have been 
        required to respond if the impairment of capital had 
        occurred and the call had been made at the time the 
        repurchase price of its share had been determined.
  (e) In no event shall any amount due to a country for its 
shares under this section be paid until six months after the 
date upon which the country ceases to be a member. If within 
that period the Bank terminates operations, all rights of such 
country shall be determined by the provisions of Article X, and 
such country shall be considered still a member of the Bank for 
the purposes of such article except that it shall have no 
voting rights.

          Article X. Suspension and Termination of Operations

                  section 1. suspension of operations

  In an emergency the Board of Executive Directors may suspend 
operations in respect of new loans and guarantees until such 
time as the Board of Governors may have an opportunity to 
consider the situation and take pertinent measures.

                section 2.\46\ termination of operations

  The Bank may terminate its operations by a decision of the 
Board of Governors by a three-fourths majority of the total 
voting power of the member countries, including a two-thirds 
majority of the governors of regional members. After such 
termination of operations the Bank shall forthwith cease all 
activities, except those incident to the conservation, 
preservation, and realization of its assets and settlement of 
its obligations.
---------------------------------------------------------------------------
    \46\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated sec. 2.
---------------------------------------------------------------------------

         section 3. liability of members and payment of claims

  (a) The liability of all members arising from the 
subscriptions to the capital stock of the Bank and in respect 
to the depreciation of their currencies shall continue until 
all direct and contingent obligations shall have been 
discharged.
  (b) All creditors holding direct claims shall be paid out of 
the assets of the Bank to which such claims are chargeable \47\ 
and then out of payments to the Bank on unpaid or callable 
subscriptions to which such claims are chargeable.\47\ Before 
making any payments to creditors holding direct claims, the 
Board of Executive Directors shall make such arrangements as 
are necessary, in its judgment, to ensure a pro rata 
distribution among holders of direct and contingent claims.
---------------------------------------------------------------------------
    \47\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
inserted ``to which such claims are chargeable''.
---------------------------------------------------------------------------

                   section 4. distribution of assets

  (a) \48\ No distribution of assets shall be made to members 
on account of their subscriptions to the capital stock of the 
Bank until all liabilities to creditors chargeable to such 
capital stock shall have been discharged or provided for. 
Moreover, such distribution must be approved by a decision of 
the Board of Governors by a three-fourths majority of the total 
voting power of the member countries, including a two-thirds 
majority of the governors of regional members.
---------------------------------------------------------------------------
    \48\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated subsec. (a).
---------------------------------------------------------------------------
  (b) Any distribution of the assets of the Bank to the members 
shall be in proportion to capital stock held by each member and 
shall be effected at such times and under such conditions as 
the Bank shall deem fair and equitable. The shares of assets 
distributed need not be uniform as to type of assets. No member 
shall be entitled to receive its share in such a distribution 
of assets until it has settled all of its obligations to the 
Bank.
  (c) Any member receiving assets distributed pursuant to this 
article shall enjoy the same rights with respect to such assets 
as the Bank enjoyed prior to their distribution.

                 Article XI. Immunities and Privileges

                      section 1. scope of article

  To enable the Bank to fulfill its purpose and the functions 
with which it is entrusted, the status, immunities, and 
privileges set forth in this article shall be accorded to the 
Bank in the territories of each member.

                        section 2. legal status

  The Bank shall possess juridical personality and, in 
particular, full capacity--
  (a) to contract;
  (b) to acquire and dispose of immovable and movable property; 
and
  (c) to institute legal proceedings.

                    section 3. judicial proceedings

  Actions may be brought against the Bank only in a court of 
competent jurisdiction in the territories of a member in which 
the Bank has an office, has appointed an agent for the purpose 
of accepting service or notice of processes, or has issued or 
guaranteed securities.
  No action shall be brought against the Bank by members or 
persons acting for or deriving claims from members. However, 
member countries shall have recourse to such special procedures 
to settle controversies between the Bank and its members as may 
be prescribed in this Agreement, in the bylaws and regulations 
of the Bank or in contracts entered into with the Bank.
  Property and assets of the Banks shall, wheresoever located 
and by whomsoever held, be immune from all forms of seizure, 
attachment or execution before the delivery of final judgment 
against the Bank.

                     section 4. immunity of assets

  Property and assets of the Bank, wheresoever located and by 
whomsoever held, shall be considered public international 
property and shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action.

                  section 5. inviolability of archives

  The archives of the Bank shall be inviolable.

             section 6. freedom of assets from restrictions

  To the extent necessary to carry out the purpose and 
functions of the Bank and to conduct operations in accordance 
with this Agreement, all property and other assets of the Bank 
shall be free from restrictions, regulations, controls and 
moratoria of any nature, except as may otherwise be provided in 
this Agreement.

                section 7. privilege for communications

  The official communications of the Bank shall be accorded by 
each member the same treatment that it accords to the official 
communications of other members.

             section 8. personal immunities and privileges

  All governors, executive directors, alternates, officers and 
employees of the Bank shall have the following privileges and 
immunities:
  (a) Immunity from legal process with respect to acts 
performed by them in their official capacity, except when the 
Bank waives this immunity.
  (b) When not local nationals, the same immunities from 
immigration restrictions, alien registration requirements and 
national service obligations and the same facilities as regards 
exchange provisions as are accorded by members to the 
representatives, officials, and employees of comparable rank of 
other members.
  (c) The same privileges in respect of traveling facilities as 
are accorded by members to representatives, officials, and 
employees of comparable rank of other members.

                  section 9. immunities from taxation

  (a) The Bank, its property, other assets, income, and the 
operations and transactions it carries out pursuant to this 
Agreement, shall be immune from all taxation and from all 
customs duties. The Bank shall also be immune from any 
obligation relating to the payment, withholding or collection 
of any tax, or duty.
  (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Bank to executive directors, alternates, 
officials or employees of the Bank who are not local citizens 
or other local nationals.
  (c) No tax of any kind shall be levied on any obligation or 
security issued by the Bank, including any dividend or interest 
thereon, by whomsoever held--
          (i) which discriminates against such obligation or 
        security solely because it is issued by the Bank; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Bank.
  (d) No tax of any kind shall be levied on any obligation or 
security guaranteed by the Bank, including any dividend or 
interest thereon, by whomsoever held--
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the Bank; 
        or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Bank.

                       section 10. implementation

  Each member, in accordance with its juridical system, shall 
take such action as is necessary to make effective in its own 
territories the principles set forth in this article, and shall 
inform the Bank of the action which it has taken on the matter.

                        Article XII. Amendments

  (a) \49\ (i) This agreement may be amended only by decision 
of the Board of Governors by a majority of the total number of 
governors, including two-thirds of the governors of regional 
members, representing not less than three-fourths of the total 
voting power of the member countries, provided, however, that 
the voting majorities provided in Article II, Section 1(b), may 
be amended only by the voting majorities stated therein.
---------------------------------------------------------------------------
    \49\ Action by the Board of Governors on June 1, 1976 (TIAS 8383) 
amended and restated subsecs. (a) and (b).
---------------------------------------------------------------------------
  (ii) The relevant articles of the Agreement may be amended as 
provided in paragraph (a)(i) above to provide for the merger of 
the inter-regional capital stock and the ordinary capital stock 
at such time as the Bank shall have discharged its liabilities 
on all its ordinary capital borrowing which were outstanding at 
December 31, 1974.
  (b) \49\ Notwithstanding the provisions of (a) above, the 
unanimous agreement of the Board of Governors shall be required 
for the approval of any amendment modifying:
          (i) the right to withdraw from the Bank as provided 
        in Article IX, Section 1;
          (ii) the right to purchase capital stock of the Bank 
        and to contribute to the Fund as provided in Article 
        II, Section 3(b) and in Article IV, Section 3(g), 
        respectively; and
          (iii) the limitation on liability as provided in 
        Article II, Section 3(d), Article IIA, Section 2(e), 
        and Article IV, Section 5.
  (c) Any proposal to amend this Agreement, whether emanating 
from a member or the Board of Executive Directors, shall be 
communicated to the Chairman of the Board of Governors, who 
shall bring the proposal before the Board of Governors. When an 
amendment has been adopted, the Bank shall so certify in an 
official communication addressed to all members. Amendments 
shall enter into force for all members three months after the 
date of the official communication unless the Board of 
Governors shall specify a different period.

              Article XIII. Interpretation and Arbitration

                       section 1. interpretation

  (a) Any question of interpretation of the provisions of this 
Agreement arising between any member and the Bank or between 
any members of the Bank shall be submitted to the Board of 
Executive Directors for decision.
  Members especially affected by the question under 
consideration shall be entitled to direct representation before 
the Board of Executive Directors as provided in Article VIII, 
Section 3(g).
  (b) In any case where the Board of Executive Directors has 
given a decision under (a) above, any member may require that 
the question be submitted to the Board of Governors, whose 
decision shall be final. Pending the decision of the Board of 
Governors, the Bank may, so far as it deems it necessary, act 
on the basis of the decision of the Board of Executive 
Directors.

                         section 2. arbitration

  If a disagreement should arise between the Bank and a country 
which has ceased to be a member, or between the Bank and any 
member after adoption of a decision to terminate the operation 
of the Bank such disagreement shall be submitted to arbitration 
by a tribunal of three arbitrators. One of the arbitrators 
shall be appointed by the Bank, another by the country 
concerned, and the third, unless the parties otherwise agree, 
by the Secretary General of the Organization of American 
States. If all efforts to reach an unanimous agreement fail, 
decisions shall be made by a majority vote of the three 
arbitrators.
  The third arbitrator shall be empowered to settle all 
questions of procedure in any case where the parties are in 
disagreement with respect thereto.

                    Article XIV. General Provisions

                      section 1. principal office

  The principal office of the Bank shall be located in 
Washington, District of Columbia, United States of America.

             section 2. relations with other organizations

  The Bank may enter into arrangements with other organizations 
with respect to the exchange of information or for other 
purposes consistent with this Agreement.

                  section 3. channel of communication

  Each member shall designate an official entity for purposes 
of communication with the Bank on matters connected with this 
Agreement.

                        section 4. depositories

  Each member shall designate its central bank as a depository 
in which the Bank may keep its holdings of such member's 
currency and other assets of the Bank. If a member has no 
central bank, it shall, in agreement with the Bank, designate 
another institution for such purpose.

                      Article XV. Final Provisions

                  section 1. signature and acceptance

  (a) This Agreement shall be deposited with the General 
Secretariat of the Organization of American States, where it 
shall remain open until December 31, 1959, for signature by the 
representatives of the countries listed in Annex A. Each 
signatory country shall deposit with the General Secretariat of 
the Organization of American States an instrument setting forth 
that it has accepted or ratified this Agreement in accordance 
with its own laws and has taken the steps necessary to enable 
it to fulfill all of its obligations under this Agreement.
  (b) The General Secretariat of the Organization of American 
States shall send certified copies of this Agreement to the 
members of the Organization and duly notify them of each 
signature and deposit of the instrument of acceptance or 
ratification made pursuant to the foregoing paragraph, as well 
as the date thereof.
  (c) At the time the instrument of acceptance or ratification 
is deposited on its behalf, each country shall deliver to the 
General Secretariat of the Organization of American States, for 
the purpose of meeting administrative expenses of the Bank, 
gold or United States dollars equivalent to one-tenth of one 
percent of the purchase price of the shares of the Bank 
subscribed by it and of its quota in the Fund. This payment 
shall be credited to the member on account of its subscription 
and quota prescribed pursuant to Articles II, Section 4(a)(i), 
and IV, Section 3(d)(i). At any time on or after the date on 
which its instrument of acceptance or ratification is 
deposited, any member may make additional payments to be 
credited to the member on account of its subscription and quota 
prescribed pursuant to Articles II and IV. The General 
Secretariat of the Organization of American States shall hold 
all funds paid under this paragraph in a special deposit 
account or accounts and shall make such funds available to the 
Bank not later than the time of the first meeting of the Board 
of Governors held pursuant to Section 3 of this article. If 
this Agreement has not come into force by December 31, 1959, 
the General Secretariat of the Organization of American States 
shall return such funds to the countries that delivered them.
  (d) On or after the date on which the Bank commences 
operations, the General Secretariat of the Organization of 
American States may receive the signature and the instrument of 
acceptance or ratification of this Agreement from any country 
whose membership has been approved in accordance with Article 
II, Section 1(b).

                      section 2. entry into force

  (a) This Agreement shall enter into force when it has been 
signed and instruments of acceptance or ratification have been 
deposited, in accordance with Section 1(a) of this article, by 
representatives of countries whose subscriptions comprise not 
less than 85 percent of the total subscriptions set forth in 
Annex A.
  (b) Countries whose instruments of acceptance or ratification 
were deposited prior to the date on which the agreement entered 
into force shall become members on that date. Other countries 
shall become members on the dates on which their instruments of 
acceptance or ratification are deposited.

                 section 3. commencement of operations

  (a) The Secretary General of the Organization of American 
States shall call the first meeting of the Board of Governors 
as soon as this Agreement enters into force under Section 2 of 
this article.
  (b) At the first meeting of the Board of Governors 
arrangements shall be made for the selection of the executive 
directors and their alternates in accordance with the 
provisions of Article VIII, Section 3, and for the 
determination of the date on which the Bank shall commence 
operations. Notwithstanding the provisions of Article VII, 
Section 3, the governors, if they deem it desirable, may 
provide that the first term to be served by such directors may 
be less than three years.

  Done at the city of Washington, District of Columbia, United 
States of America, in a single original, dated April 8, 1959, 
whose English, French, Portuguese, and Spanish texts are 
equally authentic.

  Annex A--Subscriptions to Authorized Capital Stock of the Bank \50\

 
[In shares of US $10,000 of the weight and fineness in effect on Jan. 1,
                                  1959]
------------------------------------------------------------------------
                                         Paid-in
                Country                  capital  Callable      Total
                                          shares   shares   subscription
------------------------------------------------------------------------
Argentina..............................    5,157     5,157      10,314
Bolivia................................      414       414         828
Brazil.................................    5,157     5,157      10,314
Chile..................................    1,416     1,416       2,832
Colombia...............................    1,415     1,415       2,830
Costa Rica.............................      207       207         414
Cuba \51\..............................    1,842     1,842       3,684
Dominican Republic.....................      276       276         552
Ecuador................................      276       276         552
El Salvador............................      207       207         414
Guatemala..............................      276       276         552
Haiti..................................      207       207         414
Honduras...............................      207       207         414
Mexico.................................    3,315     3,315       6,630
Nicaragua..............................      207       207         414
Panama.................................      207       207         414
Paraguay...............................      207       207         414
Peru...................................      691       691       1,382
United States of America...............   15,000    20,000      35,000
Uruguay................................      553       553       1,106
Venezuela..............................    2,763     2,763       5,526
                                        --------------------------------
    Total..............................   40,000    45,000      85,000
------------------------------------------------------------------------

     
---------------------------------------------------------------------------
    \50\ Subsequent changes in membership subscriptions are not 
reflected in Annex A.
    \51\ Cuba's shares are carried as ``unassigned'' as it never became 
a member of the Inter-American Development Bank.
---------------------------------------------------------------------------

 Annex B--Contribution Quotas for the Fund for Special Operations \52\

 
  [In thousands of U.S. dollars of the weight and fineness in effect on
                              Jan. 1, 1959]
------------------------------------------------------------------------
                           Country:                               Quota
------------------------------------------------------------------------
Argentina.....................................................    10,314
Bolivia.......................................................       828
Brazil........................................................    10,314
Chile.........................................................     2,832
Colombia......................................................     2,830
Costa Rica....................................................       414
Cuba \53\.....................................................     3,684
Dominican Republic............................................       552
Ecuador.......................................................       552
El Salvador...................................................       414
Guatemala.....................................................       552
Haiti.........................................................       414
Honduras......................................................       414
Mexico........................................................     6,630
Nicaragua.....................................................       414
Panama........................................................       414
Paraguay......................................................       414
Peru..........................................................     1,382
United States of America......................................   100,000
Uruguay.......................................................     1,106
Venezuela.....................................................     5,526
                                                               ---------
    Total.....................................................   150,000
 
------------------------------------------------------------------------

     
---------------------------------------------------------------------------
    \52\ Subsequent changes in membership quotas are not reflected in 
Annex B.
    \53\ Cuba's shares are carried as ``unassigned'' as it never became 
a member of the Inter-American Development Bank.
                8. Inter-American Investment Corporation

 Done at Washington, November 19, 1984; Entered into force, March 23, 
                                  1986

Articles of Agreement of the Inter-American Investment Corporation, as 
                              amended \1\

    The countries on behalf of which this Agreement is signed 
agree to create the Inter-American Investment Corporation, 
which shall be governed by the following provisions:
---------------------------------------------------------------------------
    \1\ TIAS 12087. Amendments made by resolutions effective October 3, 
1995, July 4, 2001 and June 12, 2002. For states that are parties to 
this Agreement, see Department of State publication, Treaties in Force.
---------------------------------------------------------------------------

                    Article I--Purpose and Functions

                           section 1. purpose

    The purpose of the Corporation shall be to promote the 
economic development of its regional developing member 
countries by encouraging the establishment, expansion, and 
modernization of private enterprises, preferably those that are 
small and medium-scale, in such a way as to supplement the 
activities of the Inter-American Development Bank (hereinafter 
referred to as ``the Bank'').
    Enterprises with partial share participation by government 
or other public entities, whose activities strengthen the 
private sector of the economy, are eligible for financing by 
the Corporation.

                          section 2. functions

    In order to accomplish its purpose, the Corporation shall 
undertake the following functions in support of the enterprises 
referred to in Section 1:
          (a) Assist, alone or in association with other 
        lenders or investors, in the financing of the 
        establishment, expansion and modernization of 
        enterprises, utilizing such instruments and/or 
        mechanisms as the Corporation deems appropriate in each 
        instance;
          (b) Facilitate their access to private and public 
        capital, domestic and foreign, and to technical and 
        managerial know-how;
          (c) Stimulate the development of investment 
        opportunities conducive to the flow of private and 
        public capital, domestic and foreign, into investments 
        in the member countries;
          (d) Take in each case the proper and necessary 
        measures for their financing, bearing in mind their 
        needs and principles based on prudent administration of 
        the resources of the Corporation; and
          (e) Provide technical cooperation for the 
        preparation, financing and execution of projects, 
        including the transfer of appropriate technology.

                          section 3. policies

    The activities of the Corporation shall be conducted in 
accordance with the operating, financial and investment 
policies set forth in detail in Regulations approved by the 
Board of Executive Directors of the Corporation, which 
Regulations may be amended by said Board.

                    Article II--Members and Capital

                         section 1. members \2\

    (a) The founding members of the Corporation shall be those 
member countries of the Bank that have signed this Agreement by 
the date specified in Article XI, Section 1(a) and made the 
initial payment required in Section 3(b) of this Article;
---------------------------------------------------------------------------
    \2\ Title II of S. 2416 as introduced in the Senate on March 13, 
1984, and enacted into law by reference in Public Law 98-473 (98 Stat. 
1885), authorized U.S. membership in the Inter-American Investment 
Corporation. For text of the IIC Act, see Legislation on Foreign 
Relations Through 2005, vol. III, sec. I.
---------------------------------------------------------------------------
    (b) The other member countries of the Bank and non-member 
countries of the Bank may accede to this Agreement on such date 
and in accordance with such conditions as the Board of 
Governors of the Corporation may determine by a majority 
representing at least two-thirds of the votes of the members, 
which shall include two-thirds of the Governors.
    (c) The word ``members'' as used in this Agreement shall 
refer to member countries of the Bank and non-member countries 
of the Bank which are members of the Corporation.

                          section 2. resources

    (a) The initial authorized capital stock of the Corporation 
shall be two hundred million dollars of the United States of 
America (US$200,000,000).
    (b) The authorized capital stock shall be divided into 
twenty thousand (20,000) shares having a par value of ten 
thousand dollars of the United States of America (US$10,000) 
each. Any shares not initially subscribed by the founding 
members in accordance with Section 3(a) of this Article shall 
be available for subsequent subscription in accordance with 
Section 3(d) hereof.
    (c) The Board of Governors may increase the authorized 
capital stock by a majority representing at least three-fourths 
of the votes of the members, which shall include two-thirds of 
the Governors.
    (d) In addition to the authorized capital referred to 
above, the Board of Governors may, after the date in which the 
initial authorized capital has been fully paid in, authorize 
the issue of callable capital and establish the terms and 
conditions for the subscription thereof, as follows:
          (i) such decision shall be approved by a majority 
        representing at least three-fourths of the votes of the 
        members which shall include two-thirds of the 
        Governors; and
          (ii) the callable capital shall be divided into 
        shares with a par value of ten thousand dollars of the 
        United States of America (US$10,000) each.
    (e) The callable capital shares shall be subject to call 
only when required to meet the obligations of the Corporation 
created under Article III, Section 7(a). In the event of such a 
call, payment may be made at the option of the member in United 
States dollars, or in the currency required to discharge the 
obligations of the Corporation for the purpose for which the 
call is made. Calls on the shares shall be uniform and 
proportionate for all shares. Obligations of the members to 
make payments on any such calls are independent of each other 
and failure of one or more members to make payments on any such 
calls shall not excuse any other member from its obligation to 
make payment. Successive calls may be made if necessary to meet 
the obligations of the Corporation.
    (f) The other resources of the Corporation shall consist 
of:
          (i) amounts accruing by way of dividends, 
        commissions, interest, and other funds derived from the 
        investments of the Corporation;
          (ii) amounts received upon the sale of investments or 
        the repayment of loans;
          (iii) amounts raised by the Corporation by means of 
        borrowings; and
          (iv) other contributions and funds entrusted to its 
        administration.

                        section 3. subscriptions

    (a) Each founding member shall subscribe the number of 
shares specified in Annex A.\3\
---------------------------------------------------------------------------
    \3\ Public Law 98-473 (98 Stat. 1885) authorized the initial U.S. 
subscription of $51 million (5,100 shares).
---------------------------------------------------------------------------
    (b) The payment for capital stock, set forth in Annex A, by 
each founding member shall be made in four annual, equal and 
consecutive installments each of twenty-five percent of such 
amount. The first installment shall be paid by each member in 
full within three months after the date on which the 
Corporation begins operation pursuant to Article XI, Section 3 
below, or the date on which such founding member accedes to 
this Agreement, or by such date or dates thereafter as the 
Board of Executive Directors of the Corporation specifies. The 
remaining three installments shall be paid on such dates as are 
determined by the Board of Executive Directors of the 
Corporation but not earlier than December 31, 1985, December 
31, 1986, and December 31, 1987, respectively. The payment of 
each of the last three installments of capital subscribed by 
each of the member countries shall be subject to fulfillment of 
such legal requirements as may be appropriate in the respective 
countries. Payment shall be made in United States dollars. The 
Corporation shall specify the place or places of payment.
    (c) Shares initially subscribed by the founding members 
shall be issued at par.
    (d) The conditions governing the subscription of shares to 
be issued after the initial share subscription by the founding 
members which shall not have been subscribed under Article II, 
Section 2(b), as well as the dates of payment thereof, shall be 
determined by the Board of Executive Directors of the 
Corporation.

        section 4. restriction on transfers and pledge of shares

    Shares of the Corporation may not be pledged, encumbered or 
transferred in any manner whatever except to the Corporation, 
unless the Board of Governors of the Corporation approves a 
transfer between members by a majority of the Governors 
representing four-fifths of the votes of the members.

               section 5. preferential subscription right

    In case of an increase in capital, in accordance with 
Section 2(c) and (d) of this Article, each member shall be 
entitled, subject to such terms as may be established by the 
Corporation, to a percentage of the increased shares equivalent 
to the proportion which its shares heretofore subscribed bears 
to the total capital of the Corporation. However, no member 
shall be obligated to subscribe to any part of the increased 
capital.

                   section 6. limitation on liability

    The liability of members on the shares subscribed by them 
shall be limited to the unpaid portion of their price at 
issuance. No member shall be liable, by reason of its 
membership, for obligations of the Corporation.

                        Article III--Operations

                    section 1. operating procedures.

    In order to accomplish its purposes, the Corporation is 
authorized to:
          (a) Identify and promote projects which meet criteria 
        of economic feasibility and efficiency, with preference 
        given to projects that have one or more of the 
        following characteristics:
                  (i) they promote the development and use of 
                material and human resources in the developing 
                countries which are members of the Corporation;
                  (ii) they provide incentives for the creation 
                of jobs;
                  (iii) they encourage savings and the use of 
                capital in productive investments;
                  (iv) they contribute to the generation and/or 
                savings of foreign exchange;
                  (v) they foster management capability and 
                technology transfer; and
                  (vi) they promote broader public ownership of 
                enterprises through the participation of as 
                many investors as possible in the capital stock 
                of such enterprises.
          (b) Make direct investments, through the granting of 
        loans, and preferably through the subscription and 
        purchase of shares or convertible debt instruments, in 
        enterprises located in regional developing member 
        countries, and make indirect investments in such 
        enterprises through other financial institutions, both 
        of which investments require the significant generation 
        of local added value.
          (c) Promote the participation of other sources of 
        financing and/or expertise through appropriate means, 
        including the organization of loan syndicates, the 
        underwriting of securities and participations, joint 
        ventures, and other forms of association such as 
        licensing arrangements, marketing or management 
        contracts;
          (d) Conduct cofinancing operations and assist 
        domestic financial institutions, international 
        institutions and bilateral investment institutions;
          (e) Provide technical cooperation, financial and 
        general management assistance, and act as financial 
        agent of enterprises;
          (f) Help to establish, expand, improve and finance 
        development finance companies in the private sector and 
        other institutions to assist in the development of said 
        sector;
          (g) Promote the underwriting of shares and securities 
        issues, and extend such underwriting provided the 
        appropriate conditions are met, either individually or 
        jointly with other financial entities;
          (h) Administer funds of other private, public or 
        semi-public institutions; for this purpose, the 
        Corporation may sign management and trustee contracts;
          (i) Conduct currency transactions essential to the 
        activities of the Corporation; and
          (j) Issue bonds, certificates of indebtedness and 
        participation certificates, and enter into credit 
        agreements.

                 section 2. other forms of investments

     The Corporation may make investments of its funds in such 
form or forms as it may deem appropriate in the circumstances, 
in accordance with Section 7(b) below.

                    section 3. operating principles

     The operations of the Corporation shall be governed by the 
following principles:
          (a) It shall not establish as a condition that the 
        proceeds of its financing be used to procure goods and 
        services originating in a predetermined country;
          (b) It shall not assume responsibility for managing 
        any enterprise in which it has invested and shall not 
        exercise its voting rights for such purpose or for any 
        other purpose which, in its opinion, is properly within 
        the scope of managerial control;
          (c) It shall provide financing on terms and 
        conditions which it considers appropriate taking into 
        account the requirements of the enterprises, the risks 
        assumed by the Corporation and the terms and conditions 
        normally obtained by private investors for similar 
        financings;
          (d) It shall seek to revolve its funds by selling its 
        investments, provided such sale can be made in an 
        appropriate form and under satisfactory conditions to 
        the extent possible in accordance with Section 1(a)(vi) 
        above;
          (e) It shall seek to maintain a reasonable 
        diversification in its investments;
          (f) It shall apply financial, technical, economic, 
        legal and institutional feasibility criteria to justify 
        investments and the adequacy of the guarantees offered; 
        and
          (g) It shall not undertake any financing for which, 
        in its opinion, sufficient capital could be obtained on 
        adequate terms.

                         section 4. limitations

     (a) With the exception of the investment of liquid assets 
of the Corporation referred to in Section 7(b) of this Article, 
investments of the Corporation shall be made only in 
enterprises located in developing regional member countries; 
such investments shall be made following sound rules of 
financial management.
    (b) The Corporation shall not provide financing or 
undertake other investments in an enterprise in the territory 
of a member country if its government objects to such financing 
or investment.

                   section 5. protection of interests

     Nothing in this Agreement shall prevent the Corporation 
from taking such action and exercising such rights as it may 
deem necessary for the protection of its interests in the event 
of default on any of its investments, actual or threatened 
insolvency of enterprises in which such investments have been 
made, or other situations which, in the opinion of the 
Corporation, threaten to jeopardize such investments.

   section 6. applicability of certain foreign exchange restrictions

     Funds received by or payable to the Corporation in respect 
of an investment of the Corporation made in any member's 
territories shall not be free, solely by reason of any 
provision of this Agreement from generally applicable foreign 
exchange restrictions, regulations and controls in force in the 
territories of that member.

                        section 7. other powers

     The Corporation shall also have the power to:
          (a) Borrow funds and for that purpose furnish such 
        collateral or other security as the Corporation shall 
        determine, provided that the total amount outstanding 
        on borrowing incurred or guarantees given by the 
        Corporation, regardless of source, shall not exceed an 
        amount equal to three times the sum of its subscribed 
        capital, earned surplus and reserves;
          (b) Invest funds not immediately needed in its 
        financial operations, as well as funds held by it for 
        other purposes, in such marketable obligations and 
        securities as the Corporation may determine;
          (c) Guarantee securities in which it has invested in 
        order to facilitate their sale;
          (d) Buy and/or sell securities it has issued or 
        guaranteed or in which it has invested.
          (e) Handle, on such terms as the Corporation may 
        determine, any specific matters incidental to its 
        business as may be entrusted to the Corporation by its 
        shareholders or third parties, and discharge the duties 
        of trustee in respect of trusts; and
          (f) Exercise all other powers inherent and which may 
        be necessary or useful for the accomplishment of its 
        purposes, including the signing of contracts and 
        conducting of necessary legal actions.

                section 8. political activity prohibited

     The Corporation and its officers shall not interfere in 
the political affairs of any member; nor shall they be 
influenced in their decisions by the political character of the 
member or members concerned. Only economic considerations shall 
be relevant to decisions of the Corporation, and these 
considerations shall be weighed impartially in order to achieve 
the purposes stated in this Agreement.

                Article IV--Organization and Management

                section 1. structure of the corporation

     The Corporation shall have a Board of Governors, a Board 
of Executive Directors, a Chairman of the Board of Executive 
Directors, a General Manager and such other officers and staff 
as may be determined by the Board of Executive Directors of the 
Corporation.

                     section 2. board of governors

     (a) All the powers of the Corporation shall be vested in 
the Board of Governors.
    (b) Each Governor and Alternate Governor of the Inter-
American Development Bank appointed by a member country of the 
Bank which is also a member of the Corporation shall unless the 
respective country indicates to the contrary, be a Governor or 
Alternate Governor ex-officio, respectively, of the 
Corporation. No Alternate Governor may vote except in the 
absence of his principal. The Board of Governors shall select 
one of the Governors as Chairman of the Board of Governors. A 
Governor and Alternate Governor shall cease to hold office if 
the member by which they were appointed ceases to be a member 
of the Corporation.
    (c) The Board of Governors may delegate all its powers to 
the Board of Executive Directors, except the power to:
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) increase or decrease the capital stock;
          (iii) suspend a member;
          (iv) consider and decide appeals on interpretations 
        of this Agreement made by the Board of Executive 
        Directors;
          (v) approve, after receipt of the auditors report, 
        the general balance sheets and the statements of profit 
        and loss of the institution;
          (vi) rule on reserves and the distribution of net 
        income, and declare dividends;
          (vii) engage the services of external auditors to 
        examine the general balance sheets and the statements 
        of profit and loss of the institution;
          (viii) amend this Agreement; and
          (ix) decide to suspend permanently the operations of 
        the Corporation and to distribute its assets.
    (d) The Board of Governors shall hold an annual meeting, 
which shall be held in conjunction with the annual meeting of 
the Board of Governors of the Inter-American Development Bank. 
It may meet on other occasions by call of the Board of 
Executive Directors.
    (e) A quorum for any meeting of the Board of Governors 
shall be a majority of the Governors representing at least two-
thirds of the votes of the members. The Board of Governors may 
establish a procedure whereby the Board of Executive Directors, 
if it deems appropriate, may submit a specific question to a 
vote of the Government without calling a meeting of the Board 
of Governors.
    (f) The Board of Governors and the Board of Executive 
Directors, to the extent the latter is authorized, may issue 
such rules and regulations as may be necessary or appropriate 
to conduct the business of the Corporation.
    (g) Governors and Alternate Governors shall serve as such 
without compensation from the Corporation.

                           section 3. voting

    (a) Each member shall have one vote for each fully paid 
share held by it and for each callable share subscribed.
    (b) Except as otherwise provided, all matters before the 
Board of Governors or the Board of Executive Directors shall be 
decided by a majority of the votes of the members.

                section 4. board of executive directors

    (a) The Board of Executive Directors shall be responsible 
for the conduct of the operations of the Corporation and for 
this purpose shall exercise all the powers given it by this 
Agreement or delegated to it by the Board of Governors.
    (b) The Executive Directors and Alternates shall be elected 
or appointed among the Executive Directors and Alternates of 
the Bank except when:
          (i) a member country or a group of member countries 
        of the Corporation is represented in the Board of 
        Executive Directors of the Bank by an Executive 
        Director and an Alternate which are citizens of 
        countries which are not members of the Corporation; and
          (ii) given the different structure of participation 
        and composition, the member countries referred to in 
        (c)(iii) below, as per the rotation arrangement agreed 
        upon among said member countries, designate their own 
        representatives for the positions corresponding to them 
        in the Board of Executive Directors of the Corporation, 
        whenever they could not be adequately represented by 
        Directors or Alternates of the Bank.
    (c) The Board of Executive Directors of the Corporation 
shall be composed as follows:
          (i) one Executive Director shall be appointed by the 
        member country having the largest number of shares in 
        the Corporation;
          (ii) nine Executive Directors shall be elected by the 
        Governors for the regional developing member countries;
          (iii) two Executive Directors shall be elected by the 
        Governors for the remaining member countries.
    The procedure for the election of Executive Directors shall 
be set forth in the Regulations to be adopted by the Board of 
Governors by a majority of at least two-thirds of the votes of 
the members.
    One additional Executive Director may be elected by the 
Governors for the member countries mentioned in (iii) above 
under such conditions and within the term to be established 
under said Regulations and, in the event that such conditions 
were not met, by the Governors for the regional developing 
member countries, in conformity with the provisions of said 
Regulations.
    Each Executive Director may designate an Alternate Director 
who shall have full power to act for him when he is not 
present.
    (d) No Executive Director may simultaneously serve as a 
Governor of the Corporation.
    (e) Elected Executive Directors shall be elected for terms 
of three years and may be reelected for successive terms.
    (f) Each Director shall be entitled to cast the number of 
votes which the member or members of the Corporation whose 
votes counted towards his nomination or election are entitled 
to cast.
    (g) All the votes which a Director is entitled to cast 
shall be cast as a unit.
    (h) In the event of the temporary absence of an Executive 
Director and his Alternate, the Executive Director or, in his 
absence the Alternate Director may appoint a person to 
represent him.
    (i) A Director shall cease to hold office if all the 
members whose votes counted toward his nomination or election 
cease to be members of the Corporation.
    (j) The Board of Executive Directors shall operate at the 
headquarters of the Corporation, or exceptionally at such other 
location as shall be designated by said Board, and shall meet 
as frequently as the business of the institution requires.
    (k) A quorum for any meeting of the Board of Executive 
Directors shall be a majority of the Directors representing not 
less than two-thirds of the votes of the members.
    (l) Every member of the Corporation may send a 
representative to attend every meeting of the Board of 
Executive Directors, when a matter especially affecting that 
member is under consideration. Such right of representation 
shall be regulated by the Board of Governors.

                     section 5. basic organization

     The Board of Executive Director shall determine the basic 
organization of the Corporation, including the number and 
general responsibilities of the principal administrative and 
professional positions, and shall adopt the budget of the 
institution.

   section 6. executive committee of the board of executive directors

    (a) The Executive Committee of the Board of Executive 
Directors shall be composed as follows:
          (i) one person who is the Director or Alternate 
        appointed by the member country having the largest 
        number of shares in the Corporation;
          (ii) two persons from among the Directors 
        representing the regional developing member countries 
        of the Corporation; and
          (iii) one person from the Directors representing the 
        other member countries.
    The election of members of the Executive Committee and 
their Alternates in categories (ii) and (iii) above shall be 
made by the members of each respective group pursuant to 
procedures to be worked out within each group;
    (b) The Chairman of the Board of Executive Directors shall 
preside over meetings of said Committee. In his absence, a 
member of the Committee chosen by a process of rotation shall 
preside over meetings.
    (c) The Committee shall consider all loans and investments 
by the Corporation in enterprises in the member countries.
    (d) All loans and investments shall require the vote of a 
majority of the Committee for approval. A quorum for any 
meeting of the Committee shall be three. An absence or 
abstention shall be considered a negative vote.
    (e) A report with respect to each operation approved by the 
Committee shall be submitted to the Board of Executive 
Directors. At the request of any Director, such operation shall 
be presented to the Board for a vote. In the absence of such 
request within the period established by the Board, an 
operation shall be deemed approved by the Board.
    (f) In the event that there is a tie vote regarding a 
proposed operation, such proposal shall be returned to 
Management for further review and analysis; if upon 
reconsideration in the Committee, a tie vote shall again occur, 
the Chairman of the Board of Executive Directors shall have the 
right to cast the deciding vote in the Committee.
    (g) In the event that the Committee shall reject an 
operation, the Board of Executive Directors, upon the request 
of any Director, may require that Management's report on such 
operation, together with a summary of the Committee's review, 
be submitted to the Board for discussion and possible 
recommendation with regard to the technical and policy issues 
related to the operation and to comparable operations in the 
future.

           section 7. chairman, general manager and officers

    (a) The President of the Bank shall be ex-officio Chairman 
of the Board of Executive Directors of the Corporation. He 
shall preside over meetings of the Board of Executive Directors 
but without the right to vote except in the event of a tie. He 
may participate in meetings of the Board of Governors, but 
shall not vote at such meetings.
    (b) The General Manager of the Corporation shall be 
appointed by the Board of Executive Directors, by a four-fifths 
majority of the total voting power, on the recommendation of 
the Chairman of the Board of Executive Directors, for such term 
as he shall indicate. The General Manager shall be chief of the 
officers and staff of the Corporation. Under the direction of 
the Board of Executive Directors and the general supervision of 
the Chairman of the Board of Executive Directors, he will 
conduct the ordinary business of the Corporation and in 
consultation with the Board of Executive Directors and the 
Chairman of the Board of Executive Directors, shall be 
responsible for the organization, appointment and dismissal of 
the officers and staff. The General Manager may participate in 
meetings of the Board of Executive Directors but shall not vote 
at such meetings. The General Manager shall cease to hold 
office by resignation or by decision of the Board of Executive 
Directors, by a three-fifths majority of the total voting 
power, in which the Chairman of the Board of Executive 
Directors concurs.
    (c) Whenever activities must be carried out that require 
specialized knowledge or cannot be handled by the regular staff 
of the Corporation, the Corporation shall obtain technical 
assistance from the staff of the Bank, or if it is unavailable, 
the services of experts and consultants may be engaged on a 
temporary basis.
    (d) The officers and staff of the Corporation owe their 
duty entirely to the Corporation in the discharge of their 
office and shall recognize no other authority. Each member 
country shall respect the international character of such 
obligation.
    (e) The Corporation shall have due regard for the need to 
assure the highest standards of efficiency, competence and 
integrity as the paramount consideration in appointing the 
staff of the Corporation and in establishing their conditions 
of service. Due regard shall also be paid to the importance of 
recruiting the staff on as wide a geographic basis as possible, 
taking into account the regional character of the institution.

                   section 8. relations with the bank

    (a) The Corporation shall be an entity separate and 
distinct from the Bank. The funds of the Corporation shall be 
kept separate and apart from those of the Bank. The provisions 
of this Section shall not prevent the Corporation from making 
arrangements with the Bank regarding facilities, personnel, 
services and others concerning reimbursement of administrative 
expenses paid by either organization on behalf of the other.
    (b) The Corporation shall seek insofar as possible to 
utilize the facilities, installations and personnel of the 
Bank.
    (c) Nothing in this Agreement shall make the Corporation 
liable for the acts or obligations of the Bank, or the Bank 
liable for the acts or obligations of the Corporation.

  section 9. publication of annual reports and circulation of reports

    (a) The Corporation shall publish an annual report 
containing an audited statement of its accounts. It shall also 
send the members a quarterly summary of its financial position 
and a profit and loss statement indicating the results of its 
operations.
    (b) The Corporation may also publish any such other reports 
as it deems appropriate in order to carry out its purpose and 
functions.

                         section 10. dividends

    (a) The Board of Governors may determine what part of the 
Corporation's net income and surplus, after making provision 
for reserves, shall be distributed as dividends.
    (b) Dividends shall be distributed pro rata in proportion 
to paid-in capital stock held by each member.
    (c) Dividends shall be paid in such manner and in such 
currency or currencies as the Corporation may determine.

            Article V--Withdrawal and Suspension of Members

                     section 1. right of withdrawal

    (a) Any member may withdraw from the Corporation by 
notifying the Corporation's principal office in writing of its 
intention to do so. Such withdrawal shall become effective on 
the date specified in the notice but in no event prior to six 
months from the date on which such notice was delivered to the 
Corporation. At any time before the withdrawal becomes 
effective, the member may, upon written notice to the 
Corporation, renounce its intention to withdraw.
    (b) Even after withdrawing, a member shall remain liable 
for all obligations to the Corporation to which it was subject 
at the date of delivery of the withdrawal notice, including 
those specified in Section 3 of this Article. However, if the 
withdrawal becomes effective, a member shall not incur any 
liability for obligations resulting from operations of the 
Corporation effected after the date on which the withdrawal 
notice was received by the latter.

                  section 2. suspension of membership

    (a) A member that fails to fulfill any of its obligations 
to the Corporation under this Agreement may be suspended by 
decision of the Board of Governors by a majority representing 
at least three-fourths of the votes of the members, which shall 
include two-thirds of the Governors.
    (b) A member so suspended shall automatically cease to be a 
member of the Corporation within one year from the date of 
suspension unless the Board of Governors decides, by the same 
majority specified in paragraph (a) preceding, to lift the 
suspension.
    (c) While under suspension, a member may exercise none of 
the rights conferred upon it by this Agreement, except the 
right of withdrawal, but it shall remain subject to fulfillment 
of all its obligations.

             section 3. terms of withdrawal from membership

    (a) From the time its membership ceases, a member shall no 
longer share in the profits or losses of the institution and 
shall incur no liability with respect to loans and guarantees 
entered into by the Corporation thereafter. The Corporation 
shall arrange for the repurchase of such member's capital stock 
as part of the settlement of accounts with it in accordance 
with the provisions of this Section.
    (b) The Corporation and a member may agree on the 
withdrawal from membership and the repurchase of shares of said 
member on terms appropriate under the circumstances. If such 
agreement is not reached within three months after the date on 
which such member expresses its desire to withdraw from 
membership, or within a term agreed upon between both parties, 
the repurchase price of the member's shares shall be equal to 
the book value thereof on the date when the member ceases to 
belong to the institution, such book value to be determined by 
the Corporation's audited financial statements.
    (c) Payment for shares shall be made, upon surrender of the 
corresponding share certificates, in such installments and at 
such times and in such available currencies as the Corporation 
shall determine, taking into account its financial position.
    (d) No amount due to a former member for its shares under 
this Section may be paid until one month after the date upon 
which such member ceases to belong to the institution. If, 
within that period the Corporation suspends operations, the 
rights of such member shall be determined by the provisions of 
Article VI and the member shall be considered still a member of 
the Corporation for purposes of said Article, except that it 
shall have no voting rights.

          Article VI--Suspension and Termination of Operations

                  section 1. suspension of operations

    In an emergency the Board of Executive Directors may 
suspend operations in respect of new investments, loans and 
guarantees until such time as the Board of Governors has the 
opportunity to consider the situation and take pertinent 
measures.

                  section 2. termination of operations

    (a) The Corporation may terminate its operations by 
decision of the Board of Governors by a majority representing 
at least three-fourths of the votes of the members, which shall 
include two-thirds of the Governors. Upon termination of 
operations, the Corporation shall forthwith cease all 
activities except those incident to the conservation, 
preservation and realization of its assets and settlement of 
its obligations.
    (b) Until final settlement of such obligations and 
distribution of such assets, the Corporation shall remain in 
existence and all mutual rights and obligations of the 
Corporation and its members under this Agreement shall continue 
unimpaired, except that no member shall be suspended or 
withdraw and that no distribution shall be made to members 
except as provided in this Article.

          section 3. liability of members and payment of debts

    (a) The liability of members arising from capital 
subscriptions shall remain in force until the Corporation's 
obligations, including contingent obligations, are settled.
    (b) All creditors holding direct claims shall be paid out 
of the assets of the Corporation to which such obligations are 
chargeable and then out of payments to the Corporation on 
unpaid capital subscriptions to which such claims are 
chargeable. Before making any payments to creditors holding 
direct claims, the Board of Executive Directors shall make such 
arrangements as are necessary in its judgment to ensure a pro 
rata distribution among holders of direct and contingent 
claims.

                   section 4. distribution of assets

    (a) No distribution of assets shall be made to members on 
account of the shares held by them in the Corporation until all 
liabilities to creditors chargeable to such shares have been 
discharged or provided for. Moreover, such distribution must be 
approved by a decision of the Board of Governors by a majority 
representing at least three-fourths of the votes of the 
members, which shall include two-thirds of the Governors.
    (b) Any distribution of assets to the members shall be in 
proportion to the number of shares held and shall be effected 
at such times and under such conditions as the Corporation 
deems fair and equitable. The proportions of assets distributed 
need not be uniform as to type of assets. No member shall be 
entitled to receive its proportion in such distribution of 
assets until it has settled all its obligations to the 
Corporation.
    (c) Any member receiving assets distributed pursuant to 
this Article shall enjoy the same rights with respect to such 
assets as the Corporation enjoyed prior to their distribution.

    Article VII--Juridical Personality, Immunities, Exemptions and 
                               Privileges

                            section 1. scope

     To enable the Corporation to fulfill its purpose and the 
functions with which it is entrusted, the status, immunities, 
exemptions and privileges set forth in this Article shall be 
accorded to the Corporation in the territories of each member 
country.

                    section 2. juridical personality

     The Corporation shall possess juridical personality and, 
in particular, full capacity:
          (a) to contract;
          (b) to acquire and dispose of immovable and movable 
        property; and
          (c) to institute legal and administrative 
        proceedings.

                    section 3. judicial proceedings

     (a) Actions may be brought against the Corporation only in 
a court of competent jurisdiction in the territories of a 
member country in which the Corporation has an office, has 
appointed an agent for the purpose of accepting service or 
notice of process, or has issued or guaranteed securities. No 
action shall be brought against the Corporation by member or 
persons acting for or deriving claims from member countries. 
However, such countries or persons shall have recourse to such 
special procedures to settle controversies between the 
Corporation and its member countries as may be prescribed in 
this Agreement, in the by-laws and regulations of the 
Corporation or in contracts entered into with the Corporation.
    (b) Property and assets of the Corporation shall, 
wheresoever located and by whomsoever held, be immune from all 
forms of seizure, attachment or execution before the delivery 
of final judgment against the Corporation.

                     section 4. immunity of assets

     Property and assets of the Corporation, wheresoever 
located and by whomsoever held, shall be immune from search, 
requisition, confiscation, expropriation or any other form of 
taking or foreclosure by executive or legislative action.

                  section 5. inviolability of archives

     The archives of the Corporation shall be inviolable.

             section 6. freedom of assets from restrictions

     To the extent necessary to enable the Corporation to carry 
out its purpose and functions and to conduct its operations in 
accordance with this Agreement, all property and other assets 
of the Corporation shall be free from restrictions, 
regulations, controls and moratoria of any nature, except as 
may otherwise be provided in this Agreement.

                section 7. privilege for communications

     The official communications of the Corporation shall be 
accorded by each member country the same treatment that it 
accords to the official communications of other members.

             section 8. personal immunities and privileges

     All Governors, Executive Directors, Alternates, officers, 
and employees of the Corporation shall have the following 
privileges and immunities:
          (a) Immunity from legal process with respect to acts 
        performed by them in their official capacity, except 
        when the Corporation waives this immunity;
          (b) When not local nationals, the same immunities 
        from immigration restrictions, alien registration 
        requirements and military service obligations and the 
        same facilities as regards exchange provisions as are 
        accorded by a member country to the representatives, 
        officials, and employees of comparable rank of other 
        member countries; and
          (c) The same privileges in respect of traveling 
        facilities as are accorded by member countries to 
        representatives, officials, and employees of comparable 
        rank of other member countries.

                  section 9. immunities from taxation

     (a) The Corporation, its property, other assets, income, 
and the operations and transactions it carries out pursuant to 
this Agreement, shall be immune from all taxation and from all 
customs duties. The Corporation shall also be immune from any 
obligation relating to the payment, withholding or collection 
of any tax or duty.
    (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Corporation to officials or employees of 
the Corporation who are not local citizens or other local 
nationals.
    (c) No tax of any kind shall be levied on any obligation or 
security issued by the Corporation, including any dividend or 
interest thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is issued by the 
        Corporation; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the 
        Corporation.
    (d) No tax of any kind shall be levied on any obligation or 
security guaranteed by the Corporation including any dividend 
or interest thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the 
        Corporation; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Corporation.

                       section 10. implementation

     Each member country, in accordance with its juridical 
system, shall take such action as is necessary to make 
effective in its own territories the principles set forth in 
this Article, and shall inform the Corporation of the action 
which it has taken on the matter.

                           section 11. waiver

    The Corporation in its discretion may waive any of the 
privileges or immunities conferred under this Article to such 
extent and upon such conditions as it may determine.

                        Article VIII--Amendments

                         section 1. amendments

    (a) This Agreement may be amended only by decision of the 
Board of Governors by a majority representing at least four-
fifths of the votes of the members, which shall include two-
thirds of the Governors.
    (b) Notwithstanding the provisions of (a) above, the 
unanimous agreement of the Board of Governors shall be required 
for the approval of any amendment modifying:
          (i) the right to withdraw from the Corporation as 
        provided in Article V, Section 1;
          (ii) the right to purchase shares of the Corporation 
        as provided in Article II, Section 5; and
          (iii) the limitation on liability as provided in 
        Article II, Section 6.
    (c) Any proposal to amend this Agreement, whether emanating 
from a member country or the Board of Executive Directors, 
shall be communicated to the Chairman of the Board of 
Governors, who shall bring the proposal before the Board of 
Governors. When an amendment has been adopted, the Corporation 
shall so certify in an official communication addressed to all 
members. Amendments shall enter into force for all members 
three months after the date of the official communication 
unless the Board of Governors shall specify a different period.

               Article IX--Interpretation and Arbitration

                       section 1. interpretation

    (a) Any question of interpretation of the provisions of 
this Agreement arising between any member and the Corporation 
or between members shall be submitted to the Board of Executive 
Director for decision. Members especially affected by the 
question under consideration shall be entitled to direct 
representation before the Board of Executive Directors as 
provided in Article IV, Section 4, paragraph (l).
    (b) In any case where the Board of Executive Directors has 
given a decision under the above paragraph, any member may 
require that the question be submitted to the Board of 
Governors, whose decision shall be final. Pending the decision 
of the Board of Governors, the Corporation may, insofar as it 
deems it necessary, act on the basis of the decision of the 
Board of Executive Directors.

                         section 2. arbitration

    If a disagreement should arise between the Corporation and 
a member which has ceased to be such, or between the 
Corporation and any member after adoption of a decision to 
terminate the operations of the institution, such disagreement 
shall be submitted to arbitration by a tribunal of three 
arbitrators. One of the arbitrators shall be appointed by the 
Corporation, another by the member concerned, and the third, 
unless the parties otherwise agree, by the President of the 
International Court of Justice. If all efforts to reach a 
unanimous agreement fail, decisions shall be reached by a 
majority vote of the three arbitrators. The third arbitrator 
shall be empowered to settle all questions of procedure in any 
case where the parties are in disagreement with respect 
thereto.

                     Article X--General Provisions

               section 1. headquarters of the corporation

    The headquarters of the Corporation shall be located in the 
same locality as the headquarters of the Bank. The Board of 
Executive Directors of the Corporation may establish other 
offices in the territories of any of its member countries by a 
majority representing at least two-thirds of the votes of the 
members.

             section 2. relations with other organizations

    The Corporation may enter into agreements with other 
organizations for purposes consistent with this Agreement.

                  section 3. channels of communication

    Each member shall designate an official entity for purposes 
of communication with the Corporation on matters connected with 
this Agreement.

                      Article XI--Final Provisions

                  section 1. signature and acceptance

    (a) This Agreement shall be deposited with the Bank, where 
it shall remain open for signature by the representatives of 
the countries listed in Annex A until December 31, 1985 or such 
later date as shall be established by the Board of Executive 
Directors of the Corporation. In case this Agreement shall not 
have entered into force, a later date may be determined by the 
representatives of the signatory countries of the Final Act of 
the Negotiations on the Creation of the Inter-American 
Investment Corporation. Each signatory of this Agreement shall 
deposit with the Bank an instrument setting forth that it has 
accepted or ratified this Agreement in accordance with its own 
laws and has taken the steps necessary to enable it to fulfill 
all of its obligations under this Agreement.
    (b) The Bank shall send certified copies of this Agreement 
to its members and duly notify them of each signature and 
deposit of the instrument of acceptance or ratification made 
pursuant to the foregoing paragraph, as well as the date 
thereof.
    (c) On or after the date on which the Corporation commences 
operations, the Bank may receive the signature and the 
instrument of acceptance or ratification of this Agreement from 
any country, whose membership has been approved in accordance 
with Article II, Section 1(b).

                      section 2. entry into force

    (a) This Agreement shall enter into force when it has been 
signed and instruments of acceptance or ratification have been 
deposited, in accordance with Section 1 of this Article, by 
representatives of countries whose subscriptions comprise not 
less than two-thirds of the total subscriptions set forth in 
Annex A, which shall include:
          (i) the subscription of the member country with the 
        largest number of shares; and
          (ii) subscriptions of regional developing member 
        countries with a total of shares greater than all other 
        subscriptions.
    (b) Countries whose instruments of acceptance or 
ratification were deposited prior to the date on which the 
agreement entered into force, shall become members on that 
date. Other countries shall become members on the dates on 
which their instruments of acceptance or ratification are 
deposited.

                 section 3. commencement of operations

    As soon as this Agreement enters into force under Section 2 
of this Article, the President of the Bank shall call a meeting 
of the Board of Governors. The Corporation shall begin 
operations on the date when such meeting is held.

    Done at the city of Washington, District of Columbia, 
United States of America, in a single original, dated November 
19, 1984, whose English, French, Portuguese, and Spanish texts 
are equally authentic and which shall remain deposited in the 
archives of the Inter-American Development Bank, which has 
indicated by its signature below its agreement to act as 
depository of this Agreement and to notify all those 
governments of the countries whose names are set forth in Annex 
A of the date when this Agreement shall enter into force, in 
accordance with Section 2 of Article XI.
          * * * * * * *
    9. Articles of Agreement Establishing the Asian Development Bank

                                CONTENTS

                                                                   Page

Chapter I--Purpose, Functions and Membership.....................  1364
    Article 1. Purpose...........................................  1364
    Article 2. Functions.........................................  1365
    Article 3. Membership........................................  1365
Chapter II--Capital..............................................  1366
    Article 4. Authorized capital................................  1366
    Article 5. Subscription of shares............................  1366
    Article 6. Payment of subscriptions..........................  1367
    Article 7. Ordinary capital resources........................  1368
Chapter III--Operations..........................................  1369
    Article 8. Use of resources..................................  1369
    Article 9. Ordinary and special operations...................  1369
    Article 10. Separation of operations.........................  1369
    Article 11. Recipients and methods of operation..............  1369
    Article 12. Limitations on ordinary operations...............  1370
    Article 13. Provision of currencies for direct loans.........  1370
    Article 14. Operating principles.............................  1371
    Article 15. Terms and conditions for direct loans and 
      guarantees.................................................  1372
    Article 16. Commission and fees..............................  1373
    Article 17. Special reserve..................................  1373
    Article 18. Methods of meeting liabilities of the bank.......  1373
    Article 19. Special funds....................................  1374
    Article 20. Special funds resources..........................  1375
Chapter IV--Borrowing and Other Miscellaneous Powers.............  1375
    Article 21. General powers...................................  1375
    Article 22. Notice to be placed on securities................  1376
Chapter V--Currencies............................................  1376
    Article 23. Determination of convertibility..................  1376
    Article 24. Use of currencies................................  1376
    Article 25. Maintenance of value of the currency holdings of 
      the bank...................................................  1378
Chapter VI--Organization and Management..........................  1378
    Article 26. Structure........................................  1378
    Article 27. Board of Governors: Composition..................  1378
    Article 28. Board of Governors: Powers.......................  1379
    Article 29. Board of Governors: Procedure....................  1379
    Article 30. Board of Directors: Composition..................  1380
    Article 31. Board of Directors: Powers.......................  1380
    Article 32. Board of Directors: Procedure....................  1381
    Article 33. Voting...........................................  1381
    Article 34. The President....................................  1381
    Article 35. Vice-President(s)................................  1382
    Article 36. Prohibition of political activity: The 
      International character of the bank........................  1383
    Article 37. Office of the bank...............................  1383
    Article 38. Channel of communications, depositories..........  1383
    Article 39. Working language, reports........................  1383
    Article 40. Allocation of net income.........................  1383
Chapter VII--Withdrawal and Suspension of Members, Temporary 
  Suspension and Termination of Operations of the Bank...........  1384
    Article 41. Withdrawal.......................................  1384
    Article 42. Suspension of membership.........................  1384
    Article 43. Supplement of accounts...........................  1384
    Article 44. Temporary suspension of operations...............  1385
    Article 45. Termination of operations........................  1385
    Article 46. Liability of members and payment of claims.......  1386
    Article 47. Distribution of assets...........................  1386
Chapter VIII--Status, Immunities, Exemptions, and Privileges.....  1386
    Article 48. Purpose of chapter...............................  1386
    Article 49. Legal status.....................................  1386
    Article 50. Immunity from judicial proceedings...............  1387
    Article 51. Immunity of assets...............................  1387
    Article 52. Immunity of archives.............................  1387
    Article 53. Freedom of assets from restrictions..............  1387
    Article 54. Privilege for communications.....................  1387
    Article 55. Immunities and privileges of bank personnel......  1387
    Article 56. Exemption from taxation..........................  1388
    Article 57. Implementation...................................  1388
    Article 58. Waiver of immunities, exemptions and privileges..  1389
Chapter IX--Amendments, Interpretations, Arbitration.............  1389
    Article 59. Amendments.......................................  1389
    Article 60. Interpretation or application....................  1389
    Article 61. Arbitration......................................  1389
    Article 62. Approval deemed given............................  1390
Chapter X--Final Provisions......................................  1390
    Article 63. Signature and deposit............................  1390
    Article 64. Ratification or acceptance.......................  1390
    Article 65. Entry into force.................................  1390
    Article 66. Commencement of operations.......................  1391
Annex A--Initial Subscriptions to the Authorized Capital Stock 
  for Countries Which May Become Members in Accordance With 
  Article 64.....................................................  1391
Annex B--Election of Directors...................................  1393
    Section A. Election of directors of governors representing 
      regional members...........................................  1393
    Section B. Election of directors of governors representing 
      non-regional members.......................................  1394
    9. Articles of Agreement Establishing the Asian Development Bank

  Done at Manila, December 4, 1965; Open for signature at the United 
  Nations Economic Commission for Asia and the Far East, at Bangkok, 
    until January 31, 1966; Acceptance by the United States, with a 
    declaration; Deposited with the Secretary-General of the United 
   Nations, August 16, 1966; Entered into force, August 22, 1966 \1\

  The Contracting Parties
---------------------------------------------------------------------------
    \1\ 17 UST 1418; TIAS 6103; 571 UNTS 123. For a list of states that 
are parties to this Agreement, see Department of State publication, 
Treaties in Force.
    Proces Verbal of rectification to the English text of this 
Agreement signed at New York November 2, 1967 (18 UST 2935; TIAS 6387; 
608 UNTS 380).

  Considering the importance of closer economic co-operation as 
a means for achieving the most efficient utilization of 
resources and for accelerating the economic development of Asia 
---------------------------------------------------------------------------
and the Far East;

  Realizing the significance of making additional development 
financing available for the region by mobilizing such funds and 
other resources both from within and outside the region, and by 
seeking to create and foster conditions conducive to increased 
domestic savings and greater flow of development funds into the 
region;

  Recognizing the desirability of promoting the harmonious 
growth of the economics of the region and the expansion of 
external trade of member countries;

  Convinced that the establishment of a financial institution 
that is Asian in its basic character would serve these ends;

  Have agreed to establish hereby the Asian Development Bank 
(hereinafter called the ``Bank'') which shall operate in 
accordance with the following:

                         ARTICLES OF AGREEMENT

             Chapter I--Purpose, Functions, and Membership

                           article 1. purpose

  The purpose of the Bank shall be to foster economic growth 
and co-operation in the region of Asia and the Far East 
(hereinafter referred to as the ``region'') and to contribute 
to the acceleration of the process of economic development of 
the developing member countries in the region, collectively and 
individually. Wherever used in this Agreement, the terms 
``region of Asia and the Far East'' and ``region'' shall 
comprise the territories of Asia and the Far East included in 
the Terms of References of the United Nations Economic 
Commission for Asia and the Far East.

                          article 2. functions

  To fulfill its purpose, the Bank shall have the following 
functions:
          (i) to promote investment in the region of public and 
        private capital for development purposes;
          (ii) to utilize the resources at its disposal for 
        financing development of the developing member 
        countries in the region, giving priority to those 
        regional, sub-regional as well as national projects and 
        programmes which will contribute most effectively to 
        the harmonious economic growth of the region as a 
        whole, and having special regard to the needs of the 
        smaller or less-developed member countries in the 
        region;
          (iii) to meet requests from members in the region to 
        assist them in the coordination of their development 
        policies and plans with a view to achieving better 
        utilization of their resources, making their economies 
        more complementary, and promoting the orderly expansion 
        of their foreign trade, in particular, intra-regional 
        trade;
          (iv) to provide technical assistance for the 
        preparation, financing and execution of development 
        projects and programmes, including the formulation of 
        specific project proposals;
          (v) to co-operate, in such manner as the Bank may 
        deem appropriate, within the terms of this Agreement, 
        with the United Nations, its organs and subsidiary 
        bodies including, in particular, the Economic 
        Commission for Asia and the Far East, and with public 
        international organizations and other international 
        institutions, as well as national entities whether 
        public or private, which are concerned with the 
        investment of development funds in the region, and to 
        interest such institutions and entities in new 
        opportunities for investment and assistance; and
          (vi) to undertake such other activities and provide 
        such other services as may advance its purpose.

                         article 3. membership

  1. Membership in the Bank shall be open to: (i) members and 
associate members of the United Nations Economic Commission for 
Asia and the Far East; and (ii) other regional countries and 
non-regional developed countries which are members of the 
United Nations or of any of its specialized agencies.
  2. Countries eligible for membership under paragraph 1 of 
this Article which do not become members in accordance with 
Article 64 of this Agreement may be admitted, under such terms 
and conditions as the Bank may determine, to membership in the 
Bank upon the affirmative vote of two-thirds of the total 
number of Governors, representing not less than three-fourths 
of the total voting power of the members.
  3. In the case of associate members of the United Nations 
Economic Commission for Asia and the Far East which are not 
responsible for the conduct of their international relations, 
application for membership in the Bank shall be presented by 
the member of the bank responsible for the international 
relations of the applicant and accompanied by an undertaking by 
such member that, until the applicant itself assumes such 
responsibility, the member shall be responsible for all 
obligations that may be incurred by the applicant by reason of 
admission to membership in the Bank and enjoyment of the 
benefits of such membership. ``Country'' as used in this 
Agreement shall include a territory which is an associate 
member of the United Nations Economic Commission for Asia and 
the Far East.

                          Chapter II--Capital

                     article 4. authorized capital

  1. The authorized capital stock of the Bank shall be one 
billion dollars ($1,000,000,000) \2\ in terms of United States 
dollars of the weight and fineness in effect on 31 January 
1966. The dollar wherever referred to in this Agreement shall 
be understood as being a United States dollar of the above 
value. The authorized capital stock shall be divided into one 
hundred thousand (100,000) shares having a par value of ten 
thousand dollars ($10,000) each, which shall be available for 
subscription only by members in accordance with the provisions 
of Article 5 of this Agreement.
---------------------------------------------------------------------------
    \2\ On November 25, 1966, the Board of Governors increased the 
authorized capital stock of the Bank by $100 million, divided into 
10,000 shares having a par value of $10,000 each of which 5,000 were 
paid-in shares and 5,000 callable shares.
    On November 30, 1971, the Board of Governors approved an increase 
in the authorized capital stock of the Bank by $1,650 million divided 
into 165,000 shares having a par value of $10,000 each. Of the newly 
authorized shares, 20 percent would be paid-in and 80 percent callable.
    On October 29, 1976, the Board of Governors approved an increase in 
the authorized capital stock of the Bank by $5 billion. Of the newly 
authorized shares, 90 percent would be callable and 10 percent paid-in. 
Effective September 30, 1977, the total authorized capital of the Bank 
was $8.7 billion.
    In 1984, the Board of Governors increased ADB authorized capital 
stock by an additional $8.1 billion to $14.473 billion.
    On May 26, 1994, the Board of Governors increased ADB authorized 
capital stock by an additional $25.8 billion to $48 billion.
---------------------------------------------------------------------------
  2. The original authorized capital stock shall be divided 
into paid-in shares and callable shares. Shares having an 
aggregate par value of five hundred million dollars 
($500,000,000) shall be paid-in shares, and shares having an 
aggregate par value of five hundred million dollars 
($500,000,000) shall be callable shares.
  3. The authorized capital stock of the Bank may be increased 
by the Board of Governors, at such time and under such terms 
and conditions as it may deem advisable, by a vote of two-
thirds of the total number of Governors, representing not less 
than three-fourths of the total voting power of the members.

                   article 5. subscription of shares

  1. Each member shall subscribe to shares of the capital stock 
of the Bank. Each subscription to the original authorized 
capital stock shall be for paid-in shares and callable shares 
in equal parts. The initial number of shares to be subscribed 
by countries which become members in accordance with Article 64 
of this Agreement shall be that set forth in Annex A hereof. 
The initial number of shares to be subscribed by countries 
which are admitted to membership in accordance with paragraph 2 
of Article 3 of this Agreement shall be determined by the Board 
of Governors; provided, however, that no such subscription 
shall be authorized which would have the effect of reducing the 
percentage of capital stock held by regional members below 
sixty (60) percent of the total subscribed capital stock.
  2. The Board of Governors shall at intervals of not less than 
five (5) years review the capital stock of the Bank. In case of 
an increase in the authorized capital stock, each member shall 
have a reasonable opportunity to subscribe, under such terms 
and conditions as the Board of Governors shall determine, to a 
proportion of the increase of stock equivalent to the 
proportion which its stock theretofore subscribed bears to the 
total subscribed capital stock immediately prior to such 
increase; provided, however, that the foregoing provision shall 
not apply in respect of any increase or portion of an increase 
in the authorized capital stock intended solely to give effect 
to determinations of the Board of Governors under paragraphs 1 
and 3 of this Article. No member shall be obligated to 
subscribe to any part of an increase of capital stock.
  3. The Board of Governors may, at the request of a member, 
increase the subscription of such member on such terms and 
conditions as the Board may determine; provided, however, that 
no such increase in the subscription of any member shall be 
authorized which would have the effect of reducing the 
percentage of capital stock held by regional members below 
sixty (60) percent of the total subscribed capital stock. The 
Board of Governors shall pay special regard to the request of 
any regional member having less than six (6) percent of the 
subscribed capital stock to increase its proportionate share 
thereof.
  4. Shares of stock initially subscribed by members shall be 
issued at par. Other shares shall be issued at par unless the 
Board of Governors by a vote of a majority of the total number 
of Governors, representing a majority of the total voting power 
of the members, decides in special circumstances to issue them 
on other terms.
  5. Shares of stock shall not be pledged or encumbered in any 
manner whatsoever, and they shall not be transferable except to 
the Bank in accordance with Chapter VII of this Agreement.
  6. The liability of the members on shares shall be limited to 
the unpaid portion of their issue price.
  7. No member shall be liable, by reason of its membership, 
for obligations of the Bank.

                  article 6. payment of subscriptions

  1. Payment of the amount initially subscribed by each 
Signatory to this Agreement which becomes a member in 
accordance with Article 64 to the paid-in capital stock of the 
Bank shall be made in five (5) installments of twenty (20) 
percent each of such amount. The first installment shall be 
paid by each member within thirty (30) days after entry into 
force of this Agreement, or on or before the date of deposit on 
its behalf of its instrument of ratification or acceptance in 
accordance with paragraph 1 of Article 64, whichever is later. 
The second installment shall become due one (1) year from the 
entry into force of this Agreement. The remaining three (3) 
installments shall each become due successively one (1) year 
from the date on which the preceding installment becomes due.
  2. Of each installment for the payment of initial 
subscriptions to the original paid-in capital stock:
          (a) fifty (50) percent shall be paid in gold or 
        convertible currency; and
          (b) fifty (50) percent in the currency of the number.
  3. The Bank shall accept from any member promissory notes or 
other obligations issued by the Government of the member, or by 
the depository designated by such member, in lieu of the amount 
to be paid in the currency of the member pursuant to paragraph 
2(b) of this Article, provided such currency is not required by 
the Bank for the conduct of its operations. Such notes or 
obligations shall be non-negotiable, non-interest-bearing, and 
payable to the Bank at par value upon demand. Subject to the 
provisions of paragraph (2)(ii) of Article 24, demands upon 
such notes or obligations payable in convertible currencies 
shall, over reasonable periods of time, be uniform in 
percentage on all such notes or obligations.
  4. Each payment of a member in its own currency under 
paragraph 2(b) of this Article shall be in such amount as the 
Bank, after such consultation with the International Monetary 
Fund as the Bank may consider necessary and utilizing the par 
value established with the International Monetary Fund, if any, 
determines to be equivalent to the full value in terms of 
dollars of the portion of the subscription being paid. The 
initial payment shall be in such amount as the member considers 
appropriate hereunder but shall be subject to such adjustment, 
to be effected within ninety (90) days of the date on which 
such payment was due, as the Bank shall determine to be 
necessary to constitute the full dollar equivalent of such 
payment.
  5. Payment of the amount subscribed to the callable capital 
stock of the Bank shall be subject to call only as when 
required by the Bank to meet its obligations incurred under 
sub-paragraphs (ii) and (iv) of Article 11 on borrowings of 
funds for inclusion in its ordinary capital resources or on 
guarantees chargeable to such resources.
  6. In the event of the call referred to in paragraph 5 of 
this Article, payment may be made at the option of the member 
in gold, convertible currency or in the currency required to 
discharge the obligations of the Bank for the purposes of which 
the call is made. Calls on unpaid subscriptions shall be 
uniform in percentage on all callable shares.
  7. The Bank shall determine the place for any payment under 
this Article, provided that, until the inaugural meeting of its 
Board of Governors, the payment of the first installment 
referred to in paragraph 1 of this Article shall be made to the 
Secretary-General of the United Nations, as Trustee for the 
Bank.

                 article 7. ordinary capital resources

  As used in this Agreement, the term ``ordinary capital 
resources'' of the Bank shall include the following:
          (i) authorized capital stock of the Bank, including 
        both paid-in and callable shares, subscribed pursuant 
        to Article 5 of this Agreement, except such part 
        thereof as may be set aside into one or more Special 
        Funds in accordance with paragraph 1(i) of Article 19 
        of this Agreement;
          (ii) funds raised by borrowings of the Bank by virtue 
        of powers conferred by sub-paragraph (i) of Article 21 
        of this Agreement, to which the commitment to calls 
        provided for in paragraph 5 of Article 6 of this 
        Agreement is applicable;
          (iii) funds received in repayment of loans or 
        guarantees made with the resources indicated in (i) and 
        (ii) of this Article;
          (iv) income derived from loans made from the 
        aforementioned funds or from guarantees to which the 
        commitment to calls set forth in paragraph 5 of Article 
        6 of this Agreement is applicable; and
          (v) any other funds or income received by the Bank 
        which do not form part of its Special Funds resources 
        referred to in Article 20 of this Agreement.

                        Chapter III--Operations

                      article 8. use of resources

  The resources and facilities of the Bank will be used 
exclusively to implement the purpose and functions set forth 
respectively in Articles 1 and 2 of this Agreement.

               article 9. ordinary and special operations

  1. The operations of the Bank shall consist of ordinary 
operations and special operations.
  2. Ordinary operations shall be those financed from the 
ordinary capital resources of the Bank.
  3. Special operations shall be those financed from the 
Special Funds resources referred to in Article 20 of this 
Agreement.

                  article 10. separation of operations

  1. To ordinary capital resources and the Special Funds 
resources of the Bank shall at all times and in all respects be 
held, used, committed, invested or otherwise disposed of 
entirely separate from each other. The financial statements of 
the Bank shall show the ordinary operations and special 
operations separately.
  2. The ordinary capital resources of the Bank shall under no 
circumstances be charged with, or used to discharge, losses or 
liabilities arising out of special operations or other 
activities for which Special Funds resources were originally 
used or committed.
  3. Expenses appertaining directly to ordinary operations 
shall be charged to the ordinary capital resources of the Bank. 
Expenses appertaining directly to the special operations shall 
be charged to the Special Funds resources. Any other expenses 
shall be charged as the Bank shall determine.

            article 11. recipients and methods of operation

  Subject to the conditions stipulated in this Agreement, the 
Bank may provide or facilitate financing to any member, or any 
agency, instrumentality or political subdivision thereof, or 
any entity or enterprise operating in the territory of a 
member, as well as to international or regional agencies or 
entities concerned with economic development of the region. The 
Bank may carry out its operations in any of the following ways:
          (i) by making or participating in direct loans with 
        its unimpaired paid-in capital and, except as provided 
        in Article 17 of this Agreement, with its reserves and 
        undistributed surplus; or with the unimpaired Special 
        Funds resources;
          (ii) by making or participating in direct loans with 
        funds raised by the Bank in capital markets or borrowed 
        or otherwise acquired by the Bank for inclusion in its 
        ordinary capital resources;
          (iii) by investment of funds referred to in (i) and 
        (ii) of this Article in the equity capital of an 
        institution or enterprise, provided no such investment 
        shall be made until after the Board of Governors, by a 
        vote of a majority of a total number of Governors, 
        representing a majority of the total voting power of 
        the members, shall have determined that the Bank is in 
        a position to commence such type of operations; or
          (iv) by guaranteeing, whether as primary or secondary 
        obligor, in whole or in part, loans for economic 
        development participated in by the Bank.

             article 12. limitations on ordinary operations

  1. The total amount outstanding of loans, equity investments 
and guarantees made by the Bank in its ordinary operations 
shall not at any time exceed the total amount of its unimpaired 
subscribed capital, reserves and surplus included in its 
ordinary capital resources, exclusive of the special reserve 
provided for by Article 17 of this Agreement and other reserves 
not available for ordinary operations.
  2. In the case of loans made with funds borrowed by the Bank 
to which the commitment to calls provided for by paragraph 5 of 
Article 6 of this Agreement is applicable, the total amount of 
principal outstanding and payable to the Bank in a specific 
currency shall not at any time exceed the total amount of the 
principal of outstanding borrowings by the Bank that are 
payable in the same currency.
  3. In the case of funds invested in equity capital out of the 
ordinary capital resources of the Bank, the total amount 
invested shall not exceed ten (10) percent of the aggregate 
amount of the unimpaired paid-in capital stock of the Bank 
actually paid up at any given time together with the reserves 
the surplus included in its ordinary capital resources, 
exclusive of the special reserve provided in Article 17 of this 
Agreement.
  4. The amount of any equity investment shall not exceed such 
percentage of the equity capital of the entity or enterprise 
concerned as the Board of Directors shall in each specific case 
determine to be appropriate. The Bank shall not seek to obtain 
by such an investment a controlling interest in the entity or 
enterprise concerned, except where necessary to safeguard the 
investment of the Bank.

          article 13. provision of currencies for direct loans

  In making direct loans or participating in them, the Bank may 
provide financing in any of the following ways:
          (i) by furnishing the borrower with currencies other 
        than the currency of the member in whose territory the 
        project concerned is to be carried out (the latter 
        currency hereinafter to be called ``local currency''), 
        which are necessary to meet the foreign exchange costs 
        of such project; or
          (ii) by providing financing to meet local 
        expenditures on the project concerned, where it can do 
        so by supplying local currency without selling any of 
        its holdings in gold or convertible currencies. In 
        special cases when, in the opinion of the Bank, the 
        project causes or is likely to cause undue loss or 
        strain on the balance of payments of the member in 
        whose territory the project is to be carried out, the 
        financing granted by the Bank to meet local 
        expenditures may be provided in currencies other than 
        that of such member; in such cases, the amount of the 
        financing granted by the Bank for this purpose shall 
        not exceed a reasonable portion of the total local 
        expenditure incurred by the borrower.

                    article 14. operating principles

  The operations of the Bank shall be conducted in accordance 
with the following principles:
          (i) The operations of the Bank shall provide 
        principally for the financing of specific projects, 
        including those forming part of a national sub-regional 
        or regional development programme. They may, however, 
        include loans to, or guarantees of loans made to, 
        national development banks or other suitable entities, 
        in order that the latter may finance specific 
        development projects whose individual financing 
        requirements are not, in the opinion of the Bank, large 
        enough to warrant the direct supervision of the Bank;
          (ii) In selecting suitable projects, the Bank shall 
        always be guided by the provisions of sub-paragraph 
        (ii) of Article 2 of this Agreement;
          (iii) The Bank shall not finance any undertaking in 
        the territory of a member if that member objects to 
        such financing;
          (iv) Before a loan is granted, the applicant shall 
        have submitted an adequate loan proposal and the 
        President of the Bank shall have presented to the Board 
        of Directors a written report regarding the proposal, 
        together with his recommendations, on the basis of a 
        staff study;
          (v) In considering an application for a loan or 
        guarantee, the Bank shall pay due regard to the ability 
        of the borrower to obtain financing or facilities 
        elsewhere on terms and conditions that the Bank 
        considers reasonable for the recipient, taking into 
        account all pertinent factors;
          (vi) In making or guaranteeing a loan, the Bank shall 
        pay due regard to the prospects that the borrower and 
        its guarantor, if any, will be in a position to meet 
        their obligations under the loan contract;
          (vii) In making or guaranteeing a loan, the rate of 
        interest, other charges and the schedule for repayment 
        of principal shall be such as are, in the opinion of 
        the Bank, appropriate for the loan concerned;
          (viii) In guaranteeing a loan made by other 
        investors, or in underwriting the sale of securities, 
        the Bank shall receive suitable compensation for its 
        risk;
          (ix) The proceeds of any loan, investment or other 
        financing undertaken in the ordinary operations of the 
        Bank or with Special Funds established by the Bank 
        pursuant to paragraph 1(i) of Article 19, shall be used 
        only for procurement in member countries of goods and 
        services produced in member countries, except in any 
        case in which the Board of Directors, by a vote of the 
        Directors representing not less than two-thirds of the 
        total voting power of the members, determines to permit 
        procurement in a non-member country or of goods and 
        services produced in a non-member country in special 
        circumstances making such procurement appropriate, as 
        in the case of a non-member country in which a 
        significant amount of financing has been provided to 
        the Bank;
          (x) In the case of a direct loan made by the Bank, 
        the borrower shall be permitted by the Bank to draw its 
        funds only to meet expenditures in connexion with the 
        project as they are actually incurred;
          (xi) The Bank shall take the necessary measures to 
        ensure that the proceeds of any loan made, guaranteed 
        or participated in by the Bank are used only for the 
        purposes for which the loan was granted and with due 
        attention to considerations of economy and efficiency;
          (xii) The Bank shall pay due regard to the 
        desirability of avoiding a disproportionate amount of 
        its resources being used for the benefit of any member;
          (xiii) The Bank shall seek to maintain reasonable 
        diversification in its investments in equity capital; 
        it shall not assume responsibility for managing any 
        entity or enterprise in which it has an investment, 
        except where necessary to safeguard its investments; 
        and
          (xiv) The Bank shall be guided by sound banking 
        principles in its operations.

    article 15. terms and conditions for direct loans and guarantees

  1. In the case of direct loans made or participated in or 
loans guaranteed by the Bank, the contract shall establish, in 
conformity with the operating principles set forth in Article 
14 of this Agreement and subject to the other provisions of 
this Agreement, the terms and conditions for the loan or the 
guarantee concerned, including those relating to payment of 
principal, interest and other charges, maturities, and dates of 
payment in respect to the loan, or the fees and other charges 
in respect of the guarantee, respectively. In particular, the 
contract shall provide that, subject to paragraph 3 of this 
Article, all payments to the Bank under the contract shall be 
made in the currency loaned, unless, in the case of a direct 
loan made or a loan guaranteed as part of special operations 
with funds provided under paragraph 1(ii) of Article 19, the 
rules and regulations of the Bank provide otherwise. Guarantees 
by the Bank shall also provide that the Bank may terminate its 
liability with respect to interest if, upon default by the 
borrower and the guarantor, if any, the Bank offers to purchase 
at par and interest accrued to a date designated in the offer, 
the bonds or other obligations guaranteed.
  2. Where the recipient of loans or guarantees of loans is not 
itself a member, the Bank may, when it deems it advisable, 
require that the member in whose territory the project 
concerned is to be carried out, or a public agency or any 
instrumentality of that member acceptable to the Bank, 
guarantee the repayment of the principal and the payment of 
interest and other charges on the loan in accordance with the 
terms thereof.
  3. The loan or guarantee contract shall expressly state the 
currency in which all payments to the Bank thereunder shall be 
made. At the option of the borrower, however, such payments may 
always be made in gold or convertible currency.

                    article 16. commission and fees

  1. The Bank shall charge, in addition to interest, a 
commission on direct loans made or participated in as part of 
its ordinary operations. This commission, payable periodically, 
shall be computed on the amount outstanding on each loan or 
participation and shall be at the rate of not less than one (1) 
percent per annum, unless the Bank, after the first five (5) 
years of its operations, decides to reduce this minimum rate by 
a two-thirds majority of its members, representing not less 
than three-fourths of the total voting power of the members.
  2. In guaranteeing a loan as part of its ordinary operations, 
the Bank shall charge a guarantee fee, at a rate determined by 
the Board of Directors, payable periodically on the amount of 
the loan outstanding.
  3. Other charges of the Bank in its ordinary operations and 
any commission, fees or other charges in its special operations 
shall be determined by the Board of Directors.

                      article 17. special reserve

  The amount of commissions and guarantee fees received by the 
Bank pursuant to Article 16 of this Agreement shall be set 
aside as a special reserve which shall be kept for meeting 
liabilities of the Bank in accordance with Article 18 of this 
Agreement. The special reserve shall be held in such liquid 
form as the Board of Directors may decide.

         article 18. methods of meeting liabilities of the bank

  1. In cases of default on loans made, participated in or 
guaranteed by the Bank in its ordinary operations, the Bank 
shall take such action as it deems appropriate with respect to 
modifying the terms of the loan, other than the currency of 
repayment.
  2. The payments in discharge of the Bank's liabilities on 
borrowings or guarantees under sub-paragraphs (ii) and (iv) or 
Article 11 chargeable to the ordinary capital resources shall 
be charged:
          (i) First, against the special reserve provided for 
        in Article 17;
          (ii) Then, to the extent necessary and at the 
        discretion of the Bank, against the other reserves, 
        surplus and capital available to the Bank.
  3. Whenever necessary to meet contractual payments of 
interest, other charges or amortization on borrowings of the 
Bank in its ordinary operations, or to meet its liabilities 
with respect to similar payments in respect of loans guaranteed 
by it, chargeable to its ordinary capital resources, the Bank 
may call an appropriate amount of the uncalled subscribed 
callable capital in accordance with paragraphs 6 and 7 of 
Article 6 of this Agreement.
  4. In cases of default in respect of a loan made from 
borrowed funds or guaranteed by the Bank as part of its 
ordinary operations, the Bank may, if it believes that the 
default may be of long duration, call an additional amount of 
such callable capital not to exceed in any one (1) year one (1) 
percent of the total subscriptions of the members to such 
capital, for the following purposes:
          (i) To redeem before maturity, or otherwise 
        discharge, the Bank's liability on all or part of the 
        outstanding principal of any loan guaranteed by it in 
        respect of which the debtor is in default; and
          (ii) To repurchase, or otherwise discharge, the 
        Bank's liability on all or part of its own outstanding 
        borrowing.
  5. If the Bank's subscribed callable capital stock shall be 
entirely called pursuant to paragraphs 3 and 4 of this Article, 
the Bank may, if necessary for the purposes specified in 
paragraph 3 of this Article, use or exchange the currency of 
any member without restriction, including any restriction 
imposed pursuant to paragraphs 2 (i) and (ii) of Article 24.

                       article 19. special funds

  1. The Bank may:
          (i) set aside, by a vote of two-thirds of the total 
        number of Governors, representing at least three-
        fourths of the total voting power of the members, not 
        more than ten (10) percent each of the portion of the 
        unimpaired paid-in capital of the Bank paid by members 
        pursuant to paragraph 2(a) of Article 6 and of the 
        portion thereof paid pursuant to paragraph 2(b) of 
        Article 6, and establish therewith one or more Special 
        Funds; and
          (ii) accept the administration of Special Funds which 
        are designed to serve the purpose and come within the 
        functions of the Bank.
  2. Special Funds established by the Bank pursuant to 
paragraph 1(i) of this Article may be used to guarantee or make 
loans of high developmental priority, with longer maturities, 
longer deferred commencement of repayment and lower interest 
rates than those established by the Bank for its ordinary 
operations. Such Funds may also be used on such other terms and 
conditions, not inconsistent with the applicable provisions of 
this Agreement nor with the character of such Funds as 
revolving funds, as the Bank in establishing such Funds may 
direct.
  3. Special Funds accepted by the Bank under paragraph 1(ii) 
of this Article may be used in any manner and on any terms and 
conditions not inconsistent with the purpose of the Bank and 
with the agreement relating to such Funds.
  4. The Bank shall adopt such special rules and regulations as 
may be required for the establishment, administration, and use 
of each Special Fund. Such rules and regulations shall be 
consistent with the provisions of this Agreement, excepting 
those provisions expressly applicable only to ordinary 
operations of the Bank.

                  article 20. special funds resources

  As used in this Agreement, the term ``Special Funds 
resources'' shall refer to the resources of any Special Fund 
and shall include:
          (a) resources set aside from the paid-in capital to a 
        Special Fund or otherwise initially contributed to any 
        Special Fund;
          (b) funds accepted by the Bank for inclusion in any 
        Special Fund;
          (c) funds repaid in respect of loans or guarantees 
        financed from the resources of any Special Fund which, 
        under the rules and regulations of the Bank governing 
        that Special Fund, are received by such Special Fund;
          (d) income derived from operations of the Bank in 
        which any of the aforementioned resources or funds are 
        used or committed if, under the rules and regulations 
        of the Bank governing the Special Fund concerned, that 
        income accrues to such Special Fund; and
          (e) any other resources placed at the disposal of any 
        Special Fund.

          Chapter IV--Borrowing and Other Miscellaneous Powers

                       article 21. general powers

  In addition to the powers specified elsewhere in this 
Agreement, the Bank shall have the power to:
          (i) borrow funds in member countries or elsewhere, 
        and in this connexion to furnish such collateral or 
        other security therefor as the Bank shall determine, 
        provided always that:
                  (a) before making a sale of its obligations 
                in the territory of a country, the Bank shall 
                have obtained its approval;
                  (b) where the obligations of the Bank are to 
                be denominated in the currency of a member, the 
                Bank shall have obtained its approval;
                  (c) the Bank shall obtain the approval of the 
                countries referred to in sub-paragraphs (a) and 
                (b) of this paragraph that the proceeds may be 
                exchanged for the currency of any member 
                without restriction; and
                  (d) before determining to sell its 
                obligations in a particular country, the Bank 
                shall consider the amount of previous 
                borrowing, if any, in that country, the amount 
                of previous borrowing in other countries, and 
                the possible availability of funds in such 
                other countries; and shall give due regard to 
                the general principle that its borrowings 
                should to the greatest extent possible be 
                diversified as to country of borrowing;
          (ii) buy and sell securities the Bank has issued or 
        guaranteed or in which it has invested, provided always 
        that it shall have obtained the approval of any country 
        in whose territory the securities are to be bought or 
        sold;
          (iii) guarantee securities in which it has invested 
        in order to facilitate their sale;
          (iv) underwrite, or participate in the underwriting 
        of, securities issued by any entity or enterprise for 
        purposes consistent with the purpose of the Bank;
          (v) invest funds, not needed in its operations, in 
        the territories of members in such obligations of 
        members or nationals thereof as it may determine, and 
        invest funds held by the Bank for pensions or similar 
        purposes in the territories of members in marketable 
        securities issued by members or nationals thereof;
          (vi) provide technical advice and assistance which 
        serve its purpose and come within its functions, and 
        where expenditures incurred in furnishing such services 
        are not reimbursable, charge the net income of the Bank 
        therewith; in the first five (5) years of its 
        operations, the Bank may use up to two (2) per cent of 
        its paid-in capital for furnishing such services on a 
        non-reimbursable basis; and
          (vii) exercise such other powers and establish such 
        rules and regulations as may be necessary or 
        appropriate in furtherance of its purpose and 
        functions, consistent with the provisions of this 
        Agreement.

             article 22. notice to be placed on securities

  Every security issued or guaranteed by the Bank shall bear on 
its face a conspicuous statement to the effect that it is not 
an obligation of any Government, unless it is in fact the 
obligation of a particular Government, in which case it shall 
so state.

                         Chapter V--Currencies

              article 23. determination of convertibility

  Whenever it shall become necessary under this Agreement to 
determine whether any currency is convertible, such 
determination shall be made by the Bank after consultation with 
the International Monetary Fund.

                     article 24. use of currencies

  1. Members may not maintain or impose any restrictions on the 
holding or use by the Bank or by any recipient from the Bank, 
for payments in any country, of the following:
          (i) gold or convertible currencies received by the 
        Bank in payment of subscriptions to its capital stock, 
        other than that paid to the Bank by members pursuant to 
        paragraph 2(b) of Article 6 and restricted pursuant to 
        paragraph 2 (i) and (ii) of this Article;
          (ii) currencies of members purchased with the gold or 
        convertible currencies referred to in the preceding 
        sub-paragraph;
          (iii) currencies obtained by the Bank by borrowing, 
        pursuant to sub-paragraph (i) of Article 21 of this 
        Agreement, for inclusion in its ordinary capital 
        resources;
          (iv) gold or currencies received by the Bank in 
        payment on account of principal, interest, dividends or 
        other changes in respect of loans or investments made 
        out of any of the funds referred to in sub-paragraphs 
        (i) to (iii) of this paragraph or in payment of fees in 
        respect of guarantees made by the Bank; and
          (v) currencies, other than the member's own currency, 
        received by the member from the Bank in distribution of 
        the net income of the Bank in accordance with Article 
        40 of this Agreement.
  2. Members may not maintain or impose any restriction on the 
holding or use by the Bank or by any recipient from the Bank, 
for payments in any country, of currency of a member received 
by the Bank which does not come within the provisions of the 
preceding paragraph unless:
          (i) a developing member country, after consultation 
        with and subject to periodic review by the Bank, 
        restricts in whole or in part the use of such currency 
        to payments for goods or services produced and intended 
        for use in its territory; or
          (ii) any other member whose subscription has been 
        determined in Part A of Annex A hereof and whose 
        exports of industrial products do not represent a 
        substantial proportion of its total exports, deposits 
        with its instrument of ratification or acceptance a 
        declaration that it desires the use of the portion of 
        its subscription paid pursuant to paragraph 2(b) of 
        Article 6 to be restricted, in whole or in part, to 
        payments for goods or services produced in its 
        territory; provided that such restrictions be subject 
        to periodic review by and consultation with the Bank 
        and that any purchases of goods or services in the 
        territory of that member, subject to the usual 
        consideration of competitive tendering, shall be first 
        charged against the portion of its subscription paid 
        pursuant to paragraph 2(b) of Article 6; or
          (iii) such currency forms part of the Special Funds 
        resources of the Bank available under paragraph 1(ii) 
        of Article 19 and its use is subject to special rules 
        and regulations.
  3. Members may not maintain or impose any restrictions on the 
holding or use by the Bank, for making amortization payments or 
anticipatory payments or for repurchasing in whole or in part 
the Bank's own obligations, of currencies received by the Bank 
in repayment of direct loans made out of its ordinary capital 
resources, provided, however, that until the Bank's subscribed 
callable capital stock has been entirely called, such holding 
or use shall be subject to any limitations imposed pursuant to 
paragraph 2(i) of this Article except in respect of obligations 
payable in the currency of the member concerned.
  4. Gold or currencies held by the Bank shall not be used by 
the Bank to purchase other currencies of members or non-members 
except:
          (i) in order to meet its obligation in the ordinary 
        course of its business; or
          (ii) pursuant to a decision of the Board of Directors 
        adopted by a vote of the Directors representing not 
        less than two-thirds of the total voting powers of the 
        members.
  5. Nothing herein contained shall prevent the Bank from using 
the currency of any member for administrative expenses by the 
Bank in the territory of such member.

 article 25. maintenance of value of the currency holdings of the bank

  1. Whenever (a) the par value in the International Monetary 
Fund of the currency of a member is reduced in terms of the 
dollar defined in Article 4 of this Agreement, or (b) in the 
opinion of the Bank, after consultation with the International 
Monetary Fund, the foreign exchange value of a member's 
currency has depreciated to a significant extent, that member 
shall pay to the Bank within a reasonable time an additional 
amount of its currency required to maintain the value of all 
such currency held by the Bank, excepting (a) currency derived 
by the Bank from its borrowings, and (b) unless otherwise 
provided in the agreement establishing such Funds, Special 
Funds resources accepted by the Bank under paragraph 1(ii) of 
Article 19.
  2. Whenever (a) the par value in the International Monetary 
Fund of the currency of a member is increased in terms of the 
said dollar, or (b) in the opinion of the Bank, after 
consultation with the International Monetary Fund, the foreign 
exchange value of a member's currency has appreciated to a 
significant extent, the Bank shall pay to that member within a 
reasonable time an amount of that currency required to adjust 
the value of all such currency held by the Bank excepting (a) 
currency derived by the Bank from its borrowings, and (b) 
unless otherwise provided in the agreement establishing such 
Funds, Special Funds resources accepted by the Bank under 
paragraph 1(ii) of Article 19.
  3. The Bank may waive the provisions of this Article when a 
uniform proportionate change in the par value of the currencies 
of all its members takes place.

                Chapter VI--Organization and Management

                         article 26. structure

  The Bank shall have a Board of Governors, a Board of 
Directors, a President, one or more Vice-Presidents and such 
other officers and staff as may be considered necessary.

              article 27. board of governors: composition

  1. Each member shall be represented on the Board of Governors 
and shall appoint one Governor and one alternate. Each Governor 
and alternate shall serve at the pleasure of the appointing 
member. No alternate may vote except in the absence of his 
principal. At its annual meeting, the Board shall designate one 
of the Governors as Chairman who shall hold office until the 
election of the next Chairman and the next annual meeting of 
the Board.
  2. Governors and alternates shall serve as such without 
remuneration from the Bank, but the Bank may pay them 
reasonable expenses incurred in attending meetings.

                 article 28. board of governors: powers

  1. All the powers of the Bank shall be vested in the Board of 
Governors.
  2. The Board of Governors may delegate to the Board of 
Directors any or all its powers, except the power to:
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) increase or decrease the authorized capital 
        stock of the Bank;
          (iii) suspend a member;
          (iv) decide appeals from interpretations or 
        applications of this Agreement given by the Board of 
        Directors;
          (v) authorize the conclusion of general agreements 
        for cooperation with other international organizations;
          (vi) elect the Directors and the President of the 
        Bank;
          (vii) determine the remuneration of the Directors and 
        their alternates and the salary and other terms of the 
        contract of service of the President;
          (viii) approve, after reviewing the auditors' report, 
        the general balance sheet and the statement of profit 
        and loss of the Bank;
          (ix) determine the reserves and the distribution of 
        the net profits of the Bank;
          (x) amend this Agreement;
          (xi) decide to terminate the operations of the Bank 
        and to distribute its assets; and
          (xii) exercise such other powers as are expressly 
        assigned to the Board of Governors in this Agreement.
  3. The Board of Governors shall retain full power to exercise 
authority over any matter delegated to the Board of Directors 
under paragraph 2 of this Article.
  4. For the purposes of this Agreement, the Board of Governors 
may, by a vote of two-thirds of the total number of Governors, 
representing not less than three-fourths of the total voting 
power of the members, from time to time determine which 
countries or members of the Bank are to be regarded as 
developing countries or members, taking into account 
appropriate economic considerations.

               article 29. board of governors: procedure

  1. The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board or 
called by the Board of Directors. Meetings of the Board of 
Governors shall be called, by the Board of Directors, whenever 
requested by five (5) members of the Bank.
  2. A majority of the Governors shall constitute a quorum for 
any meeting of the Board of Governors, provided such majority 
represents not less than two-thirds of the total voting power 
of the members.
  3. The Board of Governors may by regulation establish a 
procedure whereby the Board of Directors may, when the latter 
deems such action advisable, obtain a vote of the Governors on 
a specific question without calling a meeting of the Board of 
Governors.
  4. The Board of Governors, and the Board of Directors to the 
extent authorized, may establish such subsidy bodies as may be 
necessary or appropriate to conduct the business of the Bank.

              article 30. board of directors: composition

  1. (i) The Board of Directors shall be composed of ten (10) 
members who shall not be members of the Board of Governors, and 
of whom:
          (a) seven (7) shall be elected by the Governors 
        representing regional members; and
          (b) three (3) by the Governors representing non-
        regional members.
Directors shall be persons of high competence in economic and 
financial matters and shall be elected in accordance with Annex 
B hereof.
  (ii) At the Second Annual Meeting of the Board of Governors 
after its inaugural meeting, the Board of Governors shall 
review the size and composition of the Board of Directors, and 
shall increase the number of Directors as appropriate, paying 
special regard to the desirability, in the circumstances at 
that time, of increasing representation in the Board of 
Directors of smaller less developed member countries. Decisions 
under this paragraph should be made by a vote of a majority of 
the total number of Governors, representing not less than two-
thirds of the total voting power of the members.
  2. Each Director shall appoint an alternate with full power 
to act for him when he is not present. Directors and alternates 
shall be nationals of member countries. No two or more 
Directors may be of the same nationality nor may any two or 
more alternates be of the same nationality. An alternate may 
participate in meetings of the Board but may vote only when he 
is acting in place of his principal.
  3. Directors shall hold office for a term of two (2) years 
and may be re-elected. They shall continue in office until 
their successors shall have been chosen and qualified. If the 
office of a Director becomes vacant more than one hundred and 
eighty (180) days before the end of his term, a successor shall 
be chosen in accordance with Annex B hereof, for the remainder 
of the term, by the Governors who elected the former Director. 
A majority of the votes cast by such Governors shall be 
required for such election. If the office of a Director becomes 
vacant one hundred and eighty (180) days or less before the end 
of his term, a successor may similarly be chosen for the 
remainder of the term, by the Governors who elected the former 
Director, in which election a majority of the votes cast by 
such Governors shall be required. While the office remains 
vacant, the alternate of the former Director shall exercise the 
powers of the latter, except that of appointing an alternate.

                 article 31. board of directors: powers

  The Board of Directors shall be responsible for the direction 
of the general operations of the Bank and, for this purpose, 
shall, in addition to the powers assigned to it expressly by 
this Agreement, exercise all the powers delegated to it by the 
Board of Governors, and in particular:
          (i) prepare the work of the Board of Governors;
          (ii) in conformity with the general directions of the 
        Board of Governors, take decisions concerning loans, 
        guarantees, investments in equity capital, borrowing by 
        the Bank, furnishing of technical assistance and other 
        operations of the Bank;
          (iii) submit the accounts for each financial year for 
        approval of the Board of Governors at each annual 
        meeting; and
          (iv) approve the budget of the Bank.

               article 32. board of directors: procedure

  1. The Board of Directors shall normally function at the 
principal office of the Bank and shall meet as often as the 
business of the Bank may require.
  2. A majority of the Directors shall constitute a quorum for 
any meeting of the Board of Directors, provided such majority 
represents not less than two-thirds of the total voting power 
of the members.
  3. The Board of Governors shall adopt regulations under 
which, if there is no Director of its nationality, a member may 
send a representative to attend, without right to vote, any 
meeting of the Board of Directors when a matter particularly 
affecting that member is under consideration.

                           article 33. voting

  1. The total voting power of each member shall consist of the 
sum of its basic votes and proportional votes.
          (i) The basic votes of each member shall consist of 
        such number of votes as results from the equal 
        distribution among all the members of twenty (20) 
        percent of the aggregate sum of the basic votes and 
        proportional votes of all the members.
          (ii) The number of the proportional votes of each 
        member shall be equal to the number of shares of the 
        capital stock of the Bank held by that member.
  2. In voting in the Board of Governors, each Governor shall 
be entitled to cast the votes of the member he represents. 
Except as otherwise expressly provided in this Agreement, all 
matters before the Board of Governors shall be decided by a 
majority of the voting power represented at the meeting.
  3. In voting in the Board of Directors, each Director shall 
be entitled to cast the number of votes that counted towards 
his election which votes need not be cast as a unit. Except as 
otherwise expressly provided in this Agreement, all matters 
before the Board of Directors shall be decided by a majority of 
the voting power represented at the meeting.

                       article 34. the president

  1. The Board of Governors, by a vote of a majority of the 
total number of Governors, representing not less than a 
majority of the total voting power of the members, shall elect 
a President of the Bank. He shall be a national of a regional 
member country. The President, while holding office, shall not 
be a Governor or a Director or an alternate for either.
  2. The term of office of the President shall be five (5) 
years. He may be re-elected. He shall, however, cease to hold 
office when the Board of Governors so decides by a vote of two-
thirds of the total number of Governors, representing not less 
than two-thirds of the total voting power of the members. If 
the office of the President for any reason becomes vacant more 
than one hundred and eighty (180) days before the end of his 
term, a successor shall be elected for the unexpired portion of 
such term by the Board of Governors in accordance with the 
provisions of paragraph 1 of this Article. If such office for 
any reason becomes vacant one hundred and eighty (180) days or 
less before the end of the term, a successor may similarly be 
elected for the unexpired portion of such term by the Board of 
Governors.
  3. The President shall be Chairman of the Board of Directors 
but shall have no vote, except a deciding vote in case of an 
equal division. He may participate in meetings of the Board of 
Governors but shall not vote.
  4. The President shall be the legal representative of the 
Bank.
  5. The President shall be chief of the staff of the Bank and 
shall conduct, under the direction of the Board of Directors, 
the current business of the Bank. He shall be responsible for 
the organization, appointment and dismissal of the officers and 
staff in accordance with regulations adopted by the Board of 
Directors.
  6. In appointing the officers and staff, the President shall, 
subject to the paramount importance of securing the highest 
standards of efficiency and technical competence, pay due 
regard to the recruitment of personnel on as wide a regional 
geographical basis as possible.

                     article 35. vice-president(s)

  1. One or more Vice-Presidents shall be appointed by the 
Board of Directors on the recommendation of the President. 
Vice-President(s) shall hold office for such term, exercise 
such authority and perform such functions in the administration 
of the Bank, as may be determined by the Board of Directors. In 
the absence of incapacity of the President, the Vice-President 
or, if there be more than one, the ranking Vice-President, 
shall exercise the authority and perform the functions of the 
President.
  2. Vice-President(s) may participate in meetings of the Board 
of Directors but shall have no vote at such meetings, except 
that the Vice-President or ranking Vice-President, as the case 
may be, shall cast the deciding vote when acting in place of 
the President.

   article 36. prohibition of political activity: the international 
                         character of the bank

  1. The Bank shall not accept loans or assistance that may in 
any way prejudice, limit, deflect or otherwise alter its 
purpose or functions.
  2. The Bank, its President, Vice-President(s), officers and 
staff shall not interfere in the political affairs of any 
member, nor shall they be influenced in their decisions by the 
political character of the member concerned. Only economic 
considerations shall be relevant to their decisions. Such 
considerations shall be weighed impartially in order to achieve 
and carry out the purpose and functions of the Bank.
  3. The President, Vice-President(s), officers and staff of 
the Bank, in the discharge of their offices, owe their duty 
entirely to the Bank and to no other authority. Each member of 
the Bank shall respect the international character of this duty 
and shall refrain from all attempts to influence any of them in 
the discharge of their duties.

                     article 37. office of the bank

  1. The principal office of the Bank shall be located in 
Manila, Philippines.
  2. The Bank may establish agencies or branch offices 
elsewhere.

          article 38. channel of communications, depositories

  1. Each member shall designate an appropriate official entity 
with which the Bank may communicate in connexion with any 
matter arising under this Agreement.
  2. Each member shall designate its central bank, or such 
other agency as may be agreed upon with the Bank, as a 
depository with which the Bank may keep its holdings of 
currency of that member as well as other assets of the Bank.

                 article 39. working language, reports

  1. The working language of the Bank shall be English.
  2. The Bank shall transmit to its members an Annual Report 
containing an audited statement of its accounts and shall 
publish such Report. It shall also transmit quarterly to its 
members a summary statement of its financial position and a 
profit and loss statement showing the results of its 
operations.
  3. The Bank may also publish such other reports as it deems 
desirable in the carrying out of its purpose and functions. 
Such reports shall be transmitted to the members of the Bank.

                  article 40. allocation of net income

  1. The Board of Governors shall determine annually what part 
of the net income of the Bank, including the net income 
accruing to Special Funds, shall be allocated, after making 
provision for reserves, to surplus and what part, if any, shall 
be distributed to the members.
  2. The distribution referred to in the preceding paragraph 
shall be made in proportion to the number of shares held by 
each member.
  3. Payments shall be made in such manner and in such currency 
as the Board of Governors shall determine.

Chapter VII--Withdrawal and Suspension of Members, Temporary Suspension 
               and Termination of Operations of the Bank

                         article 41. withdrawal

  1. Any member may withdraw from the Bank at any time by 
delivering a notice in writing to the Bank at its principal 
office.
  2. Withdrawal by a member shall become effective, and its 
membership shall cease, on the date specified in its notice but 
in no event less than six (6) months after the date that notice 
has been received by the Bank. However, at any time before the 
withdrawal becomes finally effective, the member may notify the 
Bank in writing of the cancellation of its notice of intention 
to withdraw.
  3. A withdrawing member shall remain liable for all direct 
and contingent obligations to the Bank to which it was subject 
at the date of delivery of the withdrawal notice. If the 
withdrawal becomes finally effective, the member shall not 
incur any liability for obligations resulting from operations 
of the Bank effected after the date on which the withdrawal 
notice was received by the Bank.

                  article 42. suspension of membership

  1. If a member fails to fulfill any of its obligations to the 
Bank, the Board of Governors may suspend such member by a vote 
of two-thirds of the total number of Governors, representing 
not less than three-fourths of the total voting power of the 
members.
  2. The member so suspended shall cease to be a member of the 
Bank one (1) year from the date of its suspension unless the 
Board of Governors, during that one-year period, decides by the 
same majority necessary for suspension to restore the member to 
good standing.
  3. While under suspension, a member shall not be entitled to 
exercise any rights under this Agreement, except the right of 
withdrawal, but shall remain subject to all its obligations.

                   article 43. settlement of accounts

  1. After the date on which a country ceases to be a member, 
it shall remain liable for its direct obligations to the Bank 
and for its contingent liabilities to the Bank so long as any 
part of the loans or guarantees contracted before it ceased to 
be a member is outstanding; but it shall not incur liabilities 
with respect to loans and guarantees entered into thereafter by 
the Bank nor share either in the income or the expenses of the 
Bank.
  2. At the time a country ceases to be a member, the Bank 
shall arrange for the repurchase of such country's shares by 
the Bank as a part of the settlement of accounts with such 
country in accordance with the provisions of paragraphs 3 and 4 
of this Article. For this purpose, the repurchase price of the 
shares shall be the value shown by the books of the Bank on the 
date the country ceases to be a member.
  3. The payment for shares repurchased by the Bank under this 
Article shall be governed by the following conditions:
          (i) Any amount due to the country concerned for its 
        shares shall be withheld so long as that country, its 
        central bank or any of its agencies, instrumentalities 
        or political subdivisions remains liable, as borrower 
        or guarantor, to the Bank and such amount may, at the 
        option of the Bank, be applied on any such liability as 
        it matures. No amount shall be withheld on account of 
        the contingent liability of the country for future 
        calls on its subscription for shares in accordance with 
        paragraph 5 of Article 6 of this Agreement. In any 
        event, no amount due to a member for its shares shall 
        be paid until six (6) months after the date on which 
        the country ceases to be a member.
          (ii) Payments for shares may be made from time to 
        time, upon surrender of the corresponding stock 
        certificates by the country concerned, to the extent by 
        which the amount due as the repurchase price in 
        accordance with paragraph 2 of this Article exceeds the 
        aggregate amount of liabilities on loans and guarantees 
        referred to in subparagraph (i) of this paragraph, 
        until the former member has received the full 
        repurchase price.
          (iii) Payments shall be made in such available 
        currency as the Bank determines, taking into account 
        its financial position.
          (iv) If losses are sustained by the Bank on any 
        guarantees or loans which were outstanding on the date 
        when a country ceased to be a member and the amount of 
        such losses exceeds the amount of the reserve provided 
        against losses on that date, the country concerned 
        shall repay, upon demand, the amount by which the 
        repurchase price of its shares would have been reduced 
        if the losses had been taken into account when the 
        repurchase price was determined. In addition, the 
        former member shall remain liable on any call for 
        unpaid subscriptions in accordance with paragraph 5 of 
        Article 6 of this Agreement, to the same extent that it 
        would have been required to respond if the impairment 
        of capital had occurred and the call had been made at 
        the time the repurchase price of its shares was 
        determined.
  4. If the Bank terminates its operations pursuant to Article 
45 of this Agreement within six (6) months of the date upon 
which any country ceases to be a member, all rights of the 
country concerned shall be determined in accordance with the 
provisions of Articles 45 to 47 of this Agreement. Such country 
shall be considered as still a member for purposes of such 
Articles but shall have no voting rights.

             article 44. temporary suspension of operations

  In an emergency, the Board of Directors may temporarily 
suspend operations in respect of new loans and guarantees, 
pending an opportunity for further consideration and action by 
the Board of Governors.

                 article 45. termination of operations

  1. The Bank may terminate its operations by a resolution of 
the Board of Governors approved by a vote of two-thirds of the 
total number of Governors, representing not less than three-
fourths of the total voting power of the members.
  2. After such termination, the Bank shall forthwith cease all 
activities except those incident to the orderly realization, 
conservation and preservation of its assets and settlement of 
its obligations.

         article 46. liability of members and payment of claims

  1. In the event of termination of operations of the Bank, the 
liability of all members for uncalled subscriptions to the 
capital stock of the Bank and in respect of the depreciation of 
their currencies shall continue until all claims of creditors, 
including all contingent claims, shall have been discharged.
  2. All creditors holding direct claims shall first be paid 
out of the assets of the Bank and then out of payments to the 
Bank on unpaid or callable subscriptions. Before making any 
payments to creditors holding direct claims, the Board of 
Directors shall make such arrangements as are necessary, in its 
judgment, to insure a pro rata distribution among holders of 
direct and contingent claims.

                   article 47. distribution of assets

  1. No distribution of assets shall be made to members on 
account of their subscriptions to the capital stock of the Bank 
until all liabilities to creditors shall have been discharged 
or provided for. Moreover, such distribution must be approved 
by the Board of Governors by a vote of two-thirds of the total 
number of Governors, representing not less than three-fourths 
of the total voting power of the members.
  2. Any distribution of the assets of the Bank to the members 
shall be in proportion to the capital stock held by each member 
and shall be effected at such times and under such conditions 
as the Bank shall deem fair and equitable. The shares of assets 
distributed need not be uniform as to type of asset. No member 
shall be entitled to receive his share in such a distribution 
of assets until it has settled all of its obligations to the 
Bank.
  3. Any member receiving assets distributed pursuant to this 
article shall enjoy the same rights with respect to such assets 
as the Bank enjoyed prior to their distribution.

      Chapter VIII--Status, Immunities, Exemptions, and Privileges

                     article 48. purpose of chapter

  To enable the Bank effectively to fulfill its purpose and 
carry out the functions entrusted to it, the status, 
immunities, exemptions and privileges set forth in this Chapter 
shall be accorded to the Bank in the territory of each member.

                        article 49. legal status

  The Bank shall possess full juridical personality and, in 
particular, full capacity:
          (i) to contract;
          (ii) to acquire, and dispose of, immovable and 
        movable property; and
          (iii) to institute legal proceedings.

             article 50. immunity from judicial proceedings

  1. The Bank shall enjoy immunity from every form of legal 
process, except in cases arising out of or in connexion with 
the exercise of its powers to borrow money, to guarantee 
obligations, or to buy and sell or underwrite the sale of 
securities, in which cases actions may be brought against the 
Bank in a court of competent jurisdiction in the territory of a 
country in which the Bank has its principal or a branch office, 
or has appointed an agent for the purpose of accepting service 
or notice of process, or has issued or guaranteed securities.
  2. Notwithstanding the provisions of paragraph 1 of this 
article, no action shall be brought against the Bank by any 
member, or by any agency or instrumentality of a member, or by 
any entity or person directly or indirectly acting for or 
deriving claims from a member or from any agency or 
instrumentality of a member. Members shall have recourse to 
such special procedures for the settlement of controversies 
between the Bank and its members as may be prescribed in this 
Agreement, in the bylaws and regulations of the Bank, or in 
contracts entered into with the Bank.
  3. Property and assets of the Bank shall, wheresoever located 
and by whomsoever held, be immune from all forms of seizure, 
attachment or execution before the delivery of final judgment 
against the Bank.

                     article 51. immunity of assets

  Property and assets of the Bank, wheresoever located and by 
whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action.

                    article 52. immunity of archives

  The archives of the Bank and, in general, all documents 
belonging to it, or held by it, shall be inviolable, wherever 
located.

            article 53. freedom of assets from restrictions

  To the extent necessary to carry out the purpose and 
functions of the Bank effectively, and subject to the 
provisions of this Agreement, all property and assets of the 
Bank shall be free from restrictions, regulations, controls, 
and moratoria of any nature.

                article 54. privilege for communications

  Official communications of the Bank shall be accorded by each 
member treatment not less favorable than that it accords to the 
official communications of any other member.

        article 55. immunities and privileges of bank personnel

  All Governors, Directors, alternates, officers and employees 
of the Bank, including experts performing missions for the 
Bank:
          (i) shall be immune from legal process with respect 
        to acts performed by them in their official capacity, 
        except when the Bank waives the immunity;
          (ii) where they are not local citizens or nationals, 
        shall be accorded the same immunities from immigration 
        restrictions, alien registration requirements and 
        national service obligations, and the same facilities 
        as regards exchange regulations, as are accorded by 
        members to the representatives, officials and employees 
        of comparable rank of other members; and
          (iii) shall be granted the same treatment in respect 
        of traveling facilities as is accorded by members to 
        representatives, officials and employees of comparable 
        rank of other members.

                  article 56. exemption from taxation

  1. The Bank, its assets, property, income and its operations 
and transactions, shall be exempt from all taxation and from 
all customs duties. The Bank shall also be exempt from any 
obligation for the payment, withholding or collection of any 
tax or duty.
  2. No tax shall be levied on or in respect of salaries and 
emoluments paid by the Bank to Directors, alternates, officers 
or employees of the Bank, including experts performing missions 
for the Bank, except where a member deposits with its 
instrument of ratification or acceptance a declaration \3\ that 
such member retains for itself and its political subdivisions 
the right to tax salaries and emoluments paid by the Bank to 
citizens or nationals of such member.
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    \3\ Acceptance deposited, August 16, 1966, with a declaration that 
``the United States of America retains for itself and for all political 
subdivisions of the United States of America the right to tax salaries 
and emoluments paid by the Asian Development Bank to any citizen or 
national of the United States of America,'' in accordance with article 
56(2) of the agreement.
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  3. No tax of any kind shall be levied on any obligation or 
security issued by the Bank, including any dividend or interest 
thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is issued by the Bank; or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Bank.
  4. No tax of any kind shall be levied on any obligation or 
security guaranteed by the Bank, including any dividend or 
interest thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the Bank; 
        or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Bank.

                       article 57. implementation

  Each member, in accordance with its juridical system, shall 
promptly take such action as is necessary to make effective in 
its own territory the provisions set forth in this Chapter and 
shall inform the Bank of the action which it has taken on the 
matter.

      article 58. waiver of immunities, exemptions, and privileges

  The Bank at its discretion may waive any of the privileges, 
immunities and exemptions conferred under this Chapter in any 
case or instance, in such manner and upon such conditions as it 
may determine to be appropriate in the best interests of the 
Bank.

          Chapter IX--Amendments, Interpretations, Arbitration

                         article 59. amendments

  1. This Agreement may be amended only by a resolution of the 
Board of Governors approved by a vote of two-thirds of the 
total number of Governors, representing not less than three-
fourths of the total voting power of the members.
  2. Notwithstanding the provisions of paragraph 1 of this 
Article, the unanimous agreement of the Board of Governors 
shall be required for the approval of any amendment modifying:
          (i) the right to withdraw from the Bank;
          (ii) the limitations on liability provided in 
        paragraphs 6 and 7 of Article 5; and
          (iii) the rights pertaining to purchase of capital 
        stock provided in paragraph 2 of Article 5.
  3. Any proposal to amend this Agreement, whether emanating 
from a member of the Board of Directors shall be communicated 
to the Chairman of the Board of Governors, who shall bring the 
proposal before the Board of Governors. When an amendment has 
been adopted, the Bank shall so certify in an official 
communication addressed to all members. Amendments shall enter 
into force for all members three (3) months after the date of 
the official communication unless the Board of Governors 
specifies therein a different period.

               article 60. interpretation or application

  1. Any question of interpretation or application of the 
provisions of this Agreement arising between any member and the 
Bank, or between two or more members of the Bank, shall be 
submitted to the Board of Directors for decision. If there is 
no Director of its nationality on that Board, a member 
particularly affected by the question under consideration shall 
be entitled to direct representation in the Board of Directors 
during such consideration; the representative of such member 
shall, however, have no vote. Such right of representation 
shall be regulated by the Board of Governors.
  2. In any case where the Board of Directors has given a 
decision under paragraph 1 of this Article, any member may 
require that the question be referred to the Board of 
Governors, whose decision shall be final. Pending the decision 
of the Board of Governors, the Bank may, so far as it deems it 
necessary, act on the basis of the decision of the Board of 
Directors.

                        article 61. arbitration

  If a disagreement should arise between the Bank and a country 
which has ceased to be a member, or between the Bank and any 
member, after adoption of a resolution to terminate the 
operations of the Bank, such disagreement shall be submitted to 
arbitration by a tribunal of three arbitrators. One of the 
arbitrators shall be appointed by the Bank, another by the 
country concerned, and the third, unless the parties otherwise 
agree, by the President of the International Court of Justice 
or such other authority as may have been prescribed by 
regulations adopted by the Board of Governors. A majority vote 
of the arbitrators shall be sufficient to reach a decision 
which shall be final and binding upon the parties. The third 
arbitrator shall be empowered to settle all questions of 
procedure in any case where the parties are in disagreement 
with respect thereto.

                   article 62. approval deemed given

  Whenever the approval of any member is required before any 
act may be done by the Bank, approval shall be deemed to have 
been given unless the member presents an objection within such 
reasonable period as the Bank may fix in notifying the members 
of the proposed act.

                      Chapter X--Final Provisions

                   article 63. signature and deposit

  1. The original of this Agreement in a single copy in the 
English language shall remain open for signature at the United 
Nations Economic Commission for Asia and the Far East, in 
Bangkok, until 31 January 1966 by Governments of countries 
listed in Annex A to this Agreement. This document shall 
thereafter be deposited with the Secretary-General of the 
United Nations (hereinafter called the ``Depository'').
  2. The Depository shall send certified copies of this 
Agreement to all the Signatories and other countries which 
become members of the Bank.

                 article 64. ratification or acceptance

  1. This Agreement shall be subject to ratification or 
acceptance by the Signatories. Instruments of ratification or 
acceptance shall be deposited with the Depository not later 
than 30 September 1966. The Depository shall duly notify the 
other Signatories of each deposit and the date thereof.
  2. A Signatory whose instrument of ratification or acceptance 
is deposited before the date on which this Agreement enters 
into force, shall become a member of the Bank on that date. Any 
other Signatory which complies with the provisions of the 
preceding paragraph, shall become a member of the Bank on the 
date on which its instrument of ratification or acceptance is 
deposited.

                      article 65. entry into force

  This Agreement shall enter into force when instruments of 
ratification or acceptance have been deposited by at least 
fifteen (15) Signatories (including not less than ten [10] 
regional countries) whose initial subscriptions, as set forth 
in Annex A to this Agreement, in the aggregate comprise not 
less than sixty-five (65) percent of the authorized capital 
stock of the Bank.

                 article 66. commencement of operations

  1. As soon as this Agreement enters into force, each member 
shall appoint a Governor, and the Executive Secretary of the 
United Nations Economic Commission for Asia and the Far East 
shall call the inaugural meeting of the Board of Governors.
  2. At its inaugural meeting, the Board of Governors:
          (i) shall make arrangements for the election of 
        Directors of the Bank in accordance with paragraph 1 of 
        Article 30 of this Agreement; and
          (ii) shall make arrangements for the determination of 
        the date on which the Bank shall commence its 
        operations.
  3. The Bank shall notify its members of the date of the 
commencement of its operations.
  Done at the City of Manila, Philippines, on 4 December 1965, 
in a single copy in the English language which shall be brought 
to the United Nations Economic Commission for Asia and the Far 
East, in Bangkok, and thereafter deposited with the Secretary-
General of the United Nations, New York, in accordance with 
Article 63 of this Agreement.

  Annex A--Initial Subscriptions to the Authorized Capital Stock for 
    Countries Which May Become Members in Accordance With Article 64

                       Part A. Regional Countries

                                   i

------------------------------------------------------------------------
                                                              Amount of
                                                            subscription
                          Country                             (millions
                                                                U.S.
                                                              dollars)
------------------------------------------------------------------------
 1. Afghanistan...........................................         3.36
 2. Australia.............................................        85.00
 3. Cambodia..............................................         3.00
 4. Ceylon................................................         8.52
 5. China, Republic of....................................        16.00
 6. India.................................................        93.00
 7. Iran..................................................        60.00
 8. Japan.................................................       200.00
 9. Korea, Republic of....................................        30.00
10. Laos..................................................          .42
11. Malaysia..............................................        20.00
12. Nepal.................................................         2.16
13. New Zealand...........................................        22.56
14. Pakistan..............................................        32.00
15. Philippines...........................................        35.00
16. Republic of Viet-Nam..................................         7.00
17. Singapore.............................................         4.00
18. Thailand..............................................        20.00
19. Western Samoa.........................................          .06
                                                           -------------
    Total.................................................       642.08
------------------------------------------------------------------------

                                   ii

  The following regional countries may become Signatories of 
this Agreement in accordance with Article 63, provided that at 
the time of signing, they shall respectively subscribe to the 
capital stock of the Bank in the following amounts:

------------------------------------------------------------------------
                                                              Amount of
                                                            subscription
                          Country                             (millions
                                                                U.S.
                                                              dollars)
------------------------------------------------------------------------
1. Burma..................................................         7.74
2. Mongolia...............................................          .18
                                                           -------------
    Total.................................................         7.92
------------------------------------------------------------------------

                     Part B. Non-Regional Countries

                                   i

------------------------------------------------------------------------
                                                              Amount of
                                                            subscription
                          Country                             (millions
                                                                U.S.
                                                              dollars)
------------------------------------------------------------------------
1. Belgium................................................         5.00
2. Canada.................................................        25.00
3. Denmark................................................         5.00
4. Germany, Federal Republic of...........................        30.00
5. Italy..................................................        10.00
6. Netherlands............................................        11.00
7. United Kingdom.........................................        10.00
8. United States..........................................       200.00
                                                           -------------
    Total.................................................       296.00
------------------------------------------------------------------------

                                   ii

  The following non-regional countries which participated in 
the meeting of the Preparatory Committee on the Asian 
Development Bank in Bangkok from 21 October to 1 November 1965 
and which there indicated interest in membership in the Bank, 
may become Signatories of this Agreement in accordance with 
Article 63, provided that at the time of signing, each such 
country shall subscribe to the capital stock of the Bank in an 
amount which shall not be less than five million dollars 
($5,000,000):
    1. Austria
    2. Finland
    3. Norway
    4. Sweden

                                  iii

  On or before 31 January 1966, any of the non-regional 
countries listed in Part B(I) of this Annex may increase the 
amount of its subscription by so informing the Executive 
Secretary of the United Nations Economic Commission for Asia 
and the Far East in Bangkok, provided, however, that the total 
amount of the initial subscriptions of the non-regional 
countries listed in Part (B) (I) and (II) of this Annex shall 
not exceed the amount of three hundred and fifty million 
dollars ($350,000,000).

                     Annex B--Election of Directors

  section a. election of directors by governors representing regional 
                              members \4\

  (1) Each Governor representing a regional member shall cast 
all votes of the member he represents for a single person.
---------------------------------------------------------------------------
    \4\ On April 10, 1969, the Board of Governors changed the minimum 
and maximum percentages specified in subsecs. (2), (3) and (4) of sec. 
A to 8 percent and 10 percent.
---------------------------------------------------------------------------
  (2) The seven (7) persons receiving the highest number of 
votes shall be Directors, except that no person who receives 
less than ten (10) percent of the total voting power of 
regional members shall be considered as elected.
  (3) If seven (7) persons are not elected at the first ballot, 
a second ballot shall be held in which the person who received 
the lowest number of votes in the preceding ballot shall be 
ineligible and in which votes shall be cast only by:
          (a) Governors who voted in the preceding ballot for a 
        person who is not elected; and
          (b) Governors whose votes for a person who is elected 
        are deemed, in accordance with paragraph (4) of this 
        Section, to have raised the votes cast for that person 
        above eleven (11) percent of the total voting power of 
        regional members.
  (4)(a) In determining whether the votes cast by a Governor 
shall be deemed to have raised the total number of votes for 
any person above eleven (11) percent, the said eleven (11) 
percent shall be deemed to include, first, the votes of the 
Governor casting the highest number of votes for that person, 
and then, in diminishing order, the votes of each Governor 
casting the next highest number until eleven (11) percent is 
attained.
  (b) Any Governor, part of whose votes must be counted in 
order to raise the votes cast for any person above (10) 
percent, shall be considered as casting all his votes for that 
person even if the total number of votes cast for that person 
thereby exceeds eleven (11) percent.
  (5) If, after the second ballot, seven (7) persons are not 
elected, further ballots shall be held in conformity with the 
principles and procedures laid down in this Section, except 
that after six (6) persons are elected, the seventh may be 
elected--notwithstanding the provisions of paragraph (2) of 
this Section--by a simple majority of the remaining votes of 
regional members. All such remaining votes shall be deemed to 
have counted toward the election of the seventh Director.
  (6) In case of an increase in the number of Directors to be 
elected by Governors representing regional members, the minimum 
and maximum percentages specified in paragraphs (2), (3), and 
(4) of Section A of this Annex shall be correspondingly 
adjusted by the Board of Governors.

section b. election of directors by governors representing non-regional 
                              members \5\

  (1) Each Governor representing a non-regional member shall 
cast all votes of the member he represents for a single person.
---------------------------------------------------------------------------
    \5\ On April 10, 1969, the Board of Governors changed the minimum 
and maximum percentages specified in subsecs. (2), (3) and (4) of sec. 
B to 16 percent and 19 percent. On February 19, 1971, the Board of 
Governors changed the minimum percentage from 16 percent to 17 percent.
---------------------------------------------------------------------------
  (2) The three (3) persons receiving the highest number of 
votes shall be Directors, except that no person who receives 
less than twenty-five (25) percent of the total voting power of 
non-regional members shall be considered as elected.
  (3) If three (3) persons are not elected at the first ballot, 
a second ballot shall be held in which the person who received 
the lowest number of votes in the preceding ballot shall be 
ineligible and in which votes shall be cast only by:
          (a) Governors who voted in the preceding ballot for a 
        person who is not elected; and
          (b) Governors whose votes for a person who is elected 
        are deemed, in accordance with paragraph (4) of this 
        Section, to have raised the votes cast for that person 
        above twenty-six (26) percent of the total voting power 
        of non-regional members.
  (4)(a) In determining whether the votes cast by a Governor 
shall be deemed to have raised the total number of votes for 
any person above twenty-six (26) percent, the said twenty-six 
(26) percent shall be deemed to include, first, the votes of 
the Governor casting the highest number of votes for that 
person, and then in diminishing order, the votes of each 
Governor casting the next highest number until twenty-six (26) 
percent is attained.
  (b) Any Governor, part of whose votes must be counted in 
order to raise the votes cast for any person above twenty-five 
(25) percent, shall be considered as casting all his votes for 
that person even if the total number of votes cast for that 
person thereby exceeds twenty-six (26) percent.
  (5) If, after the second ballot, three (3) persons are not 
elected, further ballots shall be held in conformity with the 
principles and procedures laid down in this Section, except 
that after two (2) persons are elected, a third may be 
elected--provided that subscriptions from non-regional members 
shall have reached a minimum total of three hundred forty-five 
million dollars ($345,000,000) , and notwithstanding the 
provisions of paragraph (2) of this Section--by a simple 
majority of the remaining votes. All such remaining votes shall 
be deemed to have counted toward the election of the third 
Director.
  (6) In case of an increase in the number of Directors to be 
elected by Governors representing non-regional members, the 
minimum and maximum percentages specified in paragraphs (2), 
(3) and (4) of Section B of this Annex shall be correspondingly 
adjusted by the Board of Governors.
  10. Articles of Agreement Establishing the African Development Fund

                                CONTENTS

                                                                   Page

Chapter I. Definitions...........................................  1397
    Article 1....................................................  1397
Chapter II. Purpose and Participation............................  1397
    Article 2. Purpose...........................................  1398
    Article 3. Participation.....................................  1398
Chapter III. Resources...........................................  1398
    Article 4. Resources.........................................  1398
    Article 5. Subscriptions by the Bank.........................  1399
    Article 6. Initial Subscriptions of State participants.......  1399
    Article 7. Additional Subscriptions of State participants....  1399
    Article 8. Other Resources...................................  1400
    Article 9. Payment of Subscriptions..........................  1400
    Article 10. Limitation of Liability..........................  1401
Chapter IV. Currencies...........................................  1401
    Article 11. Use of Currencies................................  1401
    Article 12. Valuation of Currencies..........................  1401
    Article 13. Maintenance of Value of Currency Holdings........  1402
Chapter V. Operations............................................  1402
    Article 14. Use of Resources.................................  1402
    Article 15. Conditions of Financing..........................  1402
    Article 16. Form and Terms of Financing......................  1403
    Article 17. Review and Evaluation............................  1404
    Article 18. Co-operation with Other International 
      Organizations, Other Institutions and States...............  1405
    Article 19. Technical Assistance.............................  1405
    Article 20. Miscellaneous Operations.........................  1405
    Article 21. Political Activity Prohibited....................  1405
Chapter VI. Organization and Management..........................  1405
    Article 22. Organization of the Fund.........................  1405
    Article 23. Board of Governors: Powers.......................  1405
    Article 24. Board of Governors: Composition..................  1406
    Article 25. Board of Governors: Procedure....................  1406
    Article 26. Board of Directors: Functions....................  1407
    Article 27. Board of Directors: Composition..................  1407
    Article 28. Board of Directors: Procedure....................  1408
    Article 29. Voting...........................................  1408
    Article 30. The President....................................  1409
    Article 31. Relationship to Bank.............................  1410
    Article 32. Office of the Fund...............................  1410
    Article 33. Depositories.....................................  1410
    Article 34. Channel of Communication.........................  1410
    Article 35. Publication of Reports and Provision of 
      Information................................................  1410
    Article 36. Allocation of Net Income.........................  1410
Chapter VII. Withdrawals; Suspension of Participation; 
  Termination of Operations......................................  1411
    Article 37. Withdrawal by Participants.......................  1411
    Article 38. Suspension of Participation......................  1411
    Article 39. Rights and Duties of States Ceasing to be 
      Participants...............................................  1411
    Article 40. Termination of Operations and Settlement of 
      Obligations................................................  1412
Chapter VIII. Status; Immunities; Exemptions and Privileges......  1413
    Article 41. Purpose of Chapter...............................  1413
    Article 42. Status...........................................  1413
    Article 43. Legal process....................................  1413
    Article 44. Immunity of Assets...............................  1414
    Article 45. Immunity of Archives.............................  1414
    Article 46. Freedom of Assets from Restriction...............  1414
    Article 47. Privilege for Communications.....................  1414
    Article 48. Immunities and Privileges of Officials and 
      Personnel..................................................  1414
    Article 49. Exemption from Taxation..........................  1415
    Article 50. Waiver by the Fund...............................  1415
Chapter IX.   Amendments.........................................  1415
    Article 51...................................................  1415
Chapter X. Interpretations and Arbitration.......................  1416
    Article 52. Interpretation...................................  1416
    Article 53. Arbitration......................................  1416
Chapter XI. Final Provisions.....................................  1417
    Article 54. Signature........................................  1417
    Article 55. Ratification, Acceptance or Approval.............  1417
    Article 56. Entry into Force.................................  1417
    Article 57. Participation....................................  1417
    Article 58. Reservations.....................................  1417
    Article 59. Notification.....................................  1418
    Article 60. Inaugural Meeting................................  1418
Schedule A. Original Participants and Initial Subscriptions......  1419
Schedule B. Designation and Selection of Directors...............  1419
  10. Articles of Agreement Establishing the African Development Fund

 Articles of agreement done at Abidjan, November 29, 1972; Signed for 
 the United States, November 18, 1976; Instrument of acceptance by the 
United States deposited with the African Development Bank, November 18, 
  1976; Entered into force for the United States, November 18, 1976; 
                       Amended, July 4, 2003 \1\

  The States parties to this Agreement and the African 
Development Bank have agreed to establish hereby the African 
Development Fund which shall be governed by the following 
provisions:
---------------------------------------------------------------------------
    \1\ 28 UST 4547; TIAS 8605.
---------------------------------------------------------------------------

                         Chapter I--Definitions

                               article 1

  (1) The following terms wherever used in this Agreement shall 
have the following meanings, unless the context shall otherwise 
specify or require:
          ``Fund'' shall mean the African Development Fund 
        established by this Agreement.
          ``Bank'' shall mean the African Development Bank.
          ``member'' shall mean a member of the Bank.
          ``participant'' shall mean the Bank and any State 
        which shall become a party to this Agreement.
          ``State participant'' shall mean a participant other 
        than the Bank.
          ``original participant'' shall mean the Bank and each 
        State participant which becomes a participant pursuant 
        to Article 57(1).
          ``subscription'' shall mean amounts subscribed by 
        participants pursuant to Articles 5, 6 or 7.
          ``unit of account'' shall mean a unit of account 
        having a value of 0.81851265 gramme of fine gold.
          ``freely convertible currency'' shall mean currency 
        of a participant which the Fund determines, after 
        consultation with the International Monetary Fund, is 
        adequately convertible into other currencies for the 
        purpose of the Fund's operations.
          ``President'', ``Board of Governors'' and ``Board of 
        Directors'' shall mean respectively the President, 
        Board of Governors and Board of Directors of the Fund 
        and in the case of the governors and directors shall 
        include alternate governors and alternate directors 
        when acting as governors and directors respectively.
          ``regional'' shall mean located in the continent of 
        Africa or the African islands.
  (2) Reference to Chapters, Articles, paragraphs and Schedules 
shall mean the Chapters, Articles and paragraphs of, or 
Schedules to this Agreement.
  (3) The headings of the Chapters and Articles are inserted 
for convenience of reference only and are not part of this 
Agreement.

                 Chapter II--Purpose and Participation

                           article 2. purpose

  The purpose of the Fund shall be to assist the Bank in making 
an increasingly effective contribution to the economic and 
social development of the Bank's members and to the promotion 
of co-operation (including regional and sub-regional co-
operation) and increased international trade, particularly 
among such members. It shall provide finance on concessional 
terms for purposes which are of primary importance for and 
serve such development.

                        article 3. participation

  (1) The participants in the Fund shall be the Bank and those 
States which shall have become parties to this Agreement in 
accordance with its terms.
  (2) The original State participants shall be those States 
listed in Schedule A which shall have become parties to this 
Agreement pursuant to Article 57(1).
  (3) A State which is not an original participant may become a 
participant and a party to this Agreement upon such terms, not 
inconsistent with this Agreement, as the Board of Governors 
shall determine by a unanimous resolution adopted by the 
affirmative vote of the total voting power of the participants. 
Such participation shall be open only to those States which are 
members of the United Nations or any of its specialized 
agencies or are parties to the Statute of the International 
Court of Justice.
  (4) A State may authorize an entity or agency acting on its 
behalf to sign this Agreement and to represent it in all 
matters relating to this Agreement with the exception of the 
matters referred to in Article 55.

                         Chapter III--Resources

                        article 4. resources \2\

  The resources of the Fund shall consist of:
---------------------------------------------------------------------------
    \2\ The initial authorized capital resources of the Fund were $89 
million. Following a special general increase of $36.9 million and 
initial subscriptions by two additional countries, the total resources 
by the end of 1975 amounted to $150.7 million. The First Replenishment 
of the Fund's resources, effective July 15, 1976, equaling $269.9 
million, plus the accession of three additional countries, brought the 
total resources to $453.3 million. A Second Replenishment in 1979, and 
the addition of four new members, contributed $758 million to the 
resources of the Fund. In 1983, the Third Replenishment plus two new 
members provided $1,154 million authorized capital. The Fourth 
Replenishment (AFDF IV) in 1986, targeted $1.5 billion (U.S. 
contribution--$225 million) to finance the 1985-1987 lending program. A 
Fifth Replenishment in 1987, adopted a $2.7 billion target level of 
funding (U.S. contribution--$315 million) to administer the Funds 1988-
1990 programs. A Sixth Replenishment in 1991, adopted a $3.42 billion 
target level of funding (U.S. contribution--$405 million) to administer 
the Funds, 1991-1993. A Seventh Replenishment in 1996, adopted a $3.2 
billion target level of funding (U.S. contribution--$200 million) to 
administer the Funds, 1996-1998. An Eighth Replenishment in 1999, 
adopted a $3.38 billion target level of funding (U.S. contribution--
$300 million) to administer the Funds, 1999-2001. A Ninth Replenishment 
in 2002, adopted a $3.5 billion target level of funding (U.S. 
contribution--$280 million) to administer the Funds, 2002-2004. A Tenth 
Replenishment in 2004, adopted a $5.4 billion target level of funding 
(U.S. contribution--$406 million) to administer the Funds, 2005-2007.
---------------------------------------------------------------------------
          (i) subscriptions by the Bank;
          (ii) subscriptions by State participants;
          (iii) other resources received by the Fund; and
          (iv) funds derived from operations or otherwise 
        accruing to the Fund.

                  article 5. subscriptions by the bank

  The Bank shall pay to the Fund as its initial subscription 
the amount, expressed in units of account, set forth opposite 
its name in Schedule A, utilizing for that purpose the funds 
standing to the credit of the ``African Development Fund'' of 
the Bank. Payment shall be made on the same terms and 
conditions as are specified in Article 6(2) for the payment of 
the initial subscription of State participants. The Bank will 
thereafter subscribe such other amounts as the Board of 
Governors of the Bank may determine, on such terms and 
conditions as shall be agreed with the Fund.

         article 6. initial subscriptions of state participants

  (1) Upon becoming a participant each State participant shall 
subscribe funds in the amount assigned to it. Such 
subscriptions are hereinafter referred to as initial 
subscriptions.
  (2) The initial subscription assigned to each original State 
participant shall be in the amount set forth opposite its name 
in Schedule A, and shall be expressed in units of account and 
payable in freely convertible currency. Payment shall be made 
in three equal annual instalments as follows: the first such 
instalment shall be paid within thirty days after the Fund 
shall begin operations pursuant to Article 60 or on date on 
which the original State participant becomes a party to this 
Agreement, whichever is later; the second instalment within one 
year thereafter and the third instalment within one year after 
the payment or the due date of the second instalment, whichever 
is earlier. The Fund may request earlier payment or either or 
both of the second and third instalments if the operations of 
the Fund shall require it, but such earlier payment shall be 
entirely voluntary on the part of each participant.
  (3) The initial subscriptions of State participants other 
than original participants shall also be expressed in units of 
account and payable in freely convertible currency. The amount 
and terms of payment of such subscription shall be determined 
by the Fund pursuant to Article 3(3).
  (4) Except as the Fund may otherwise agree, each State 
participant shall maintain the free convertibility of its 
currency paid in by it pursuant to this Article.
  (5) Notwithstanding the foregoing provisions of this Article, 
a State participant may defer for a period of not more than 
three months the making of any payment required by this Article 
when budgetary or other circumstances necessitate such delay.

       article 7. additional subscriptions by state participants

  (1) The Fund shall at such time as it deems appropriate in 
the light of the schedule of payments of the initial 
subscriptions of original participants and of its own 
operations, and at appropriate intervals thereafter, review the 
adequacy of its resources and, if it deems it desirable, may 
authorize a general increase in the subscriptions of State 
participants on such terms and conditions as the Fund shall 
determine. Notwithstanding the foregoing, the Fund may 
authorize general or individual increases in such subscriptions 
at any time, provided that an individual increase shall be 
considered only at the request of the State participant 
involved.
  (2) When any additional individual subscription is authorized 
pursuant to paragraph (1), each State participant shall be 
given an opportunity to subscribe, under no less favourable 
conditions, reasonably determined by the Fund, than those 
prescribed under paragraph (1), an amount which will enable it 
to maintain its relative voting power as among State 
participants.
  (3) No State participant shall be obliged to subscribe 
additional amounts in the case of general or individual 
increases in subscriptions.
  (4) All authorizations for, and determinations in respect of, 
general increases under paragraph (1) shall be by an eighty-
five percent majority of the total voting power of the 
participants.

                       article 8. other resources

  (1) Subject to the following provisions of this Article, the 
Fund may enter into arrangements to receive other resources, 
including grants and loans, from members, participants, States 
which are not participants and from any public or private 
entity or entities.
  (2) Such arrangements shall be on terms and conditions which 
are consistent with the Fund's purposes, operations and 
policies and which will not impose an undue administrative or 
financial burden on the Fund or the Bank.
  (3) Such arrangements, other than those for grants for 
technical assistance, shall be on terms which will permit the 
Fund to comply with the requirements of Article 15 (4) and (5).
  (4) Such arrangements shall be approved by the Board of 
Directors, in the case of arrangements with a State which is 
not a member or a participant or with an agency of such State, 
by an eighty-five percent majority of the total voting power of 
the participants.
  (5) The Fund shall not accept any loan (except temporary 
accommodations required for its operations) which is not on 
concessional terms and shall not borrow in any market or, as a 
borrower, guarantor, or otherwise, participate in the issue of 
securities in any market and shall not issue negotiable or 
transferable obligations evidencing indebtedness for loans 
received pursuant to paragraph (1).

                  article 9. payment of subscriptions

  The Fund shall accept any part of a participant's 
subscription payable by the participant under Article 5, 6 or 7 
or under Article 13 and not needed by the Fund in its 
operations, in the form of notes, letters of credit or similar 
obligations issued by the participant or the depository, if 
any, designated by the participant pursuant to Article 33. Such 
notes or other obligations shall be non-negotiable, non-
interest-bearing and payable at their par value on demand to 
the account of the Fund in the designated depository, or if 
there is none, as the Fund shall direct. Notwithstanding the 
issuance or acceptance of any such note, letter of credit or 
other obligation, the obligation of the participant under 
Articles 5, 6 and 7 and Article 13 shall continue to subsist. 
Amounts held by the Fund in respect of subscriptions of 
participants which do not avail themselves of the provisions of 
this Article may be deposited or invested by the Fund to 
produce income to help defray its administrative and other 
expenses. The Fund shall draw down all subscriptions on a pro 
rata basis, as far as practicable over reasonable periods of 
time, to finance expenditures regardless of the form in which 
such subscriptions are made.

                  article 10. limitation of liability

  No participant shall be liable, by reason of its 
participation, for acts or obligations of the Fund.

                         Chapter IV--Currencies

                     article 11. use of currencies

  (1) Currencies received in payment of, or under Article 13 in 
respect of, subscriptions made pursuant to Article 5 and 
Article 6(2) may be used and exchanged by the Fund for any of 
its operations and, subject to the approval of the Board of 
Directors, for the temporary investment of funds not needed in 
its operations.
  (2) The use of currencies received in payment of, or under 
Article 13 in respect of, subscriptions under Article 6(3) and 
Article 7 (1) and (2) or as other resources under Article 8 
shall be governed by the terms and conditions pursuant to which 
such currencies are received or, in the case of currencies 
received under Article 13, the use shall be governed by the 
terms and conditions on which the currencies whose value is so 
maintained were received.
  (3) All other currencies received by the Fund may be freely 
used and exchanged by the Fund for any of its operations and, 
subject to the approval of the Board of Directors, for the 
temporary investment of funds not needed in its operations.
  (4) No restriction shall be imposed which is contrary to the 
provisions of this Article.

                  article 12. valuation of currencies

  (1) Whenever it shall be necessary under this Agreement to 
determine the value of any currency in terms of another 
currency or currencies or of the unit of account, such 
valuation shall be reasonably made by the Fund after 
consultation with the International Monetary Fund.
  (2) In the case of a currency which does not have a par value 
established with the International Monetary Fund, the value of 
such currency in terms of the unit of account shall be 
determined from time to time by the Fund pursuant to paragraph 
(1) of this Article and the value so determined shall be 
treated as if it were the par value of such currency for the 
purpose of this Agreement, including, without limitation, 
Article 13 (1) and (2).

         article 13. maintenance of value of currency holdings

  (1) Whenever the par value in the International Monetary Fund 
of the currency of a State participant is reduced in terms of 
the unit of account, or its foreign exchange value has, in the 
opinion of the Fund, depreciated to a significant extent within 
that participant's territory, that participant shall pay to the 
Fund within a reasonable time an amount of its currency 
required to maintain the value, as of the time of subscription, 
of the amount of such currency paid in to the Fund by that 
participant pursuant to Article 6 and pursuant to the 
provisions of the present paragraph, whether or not such 
currency is held in the form of notes, letters of credit or 
other obligations accepted pursuant to Article 9, provided that 
the foregoing shall apply only so long as and to the extent 
that such currency shall not have been initially disbursed or 
exchanged for another currency.
  (2) Whenever the par value of the currency of a State 
participant is increased in terms of the unit of account or its 
foreign exchange value has, in the opinion of the Fund, 
appreciated to a significant extent within that participant's 
territory, the Fund shall return to that participant within a 
reasonable time an amount of such currency equal to the 
increase in the value of the amount of such currency to which 
the provisions of paragraph (1) are applicable.
  (3) The Fund may waive or declare inoperative the provisions 
of this Article when a uniform change in the par value of the 
currencies of all State participants is made by the 
International Monetary Fund.

                         Chapter V--Operations

                      article 14. use of resources

  (1) The Fund shall provide financing for projects and 
programmes to further economic and social development in the 
territory of members. The Fund shall provide such financing for 
the benefit of those members whose economic situation and 
prospects require such financing to be on concessional terms.
  (2) Financing provided by the Fund shall be for purposes 
which in the opinion of the Fund are of high developmental 
priority in the light of the needs of the area or areas 
concerned and shall, except in special circumstances, be for 
specific projects or groups of projects, particularly those 
forming part of a national or regional or sub-regional 
programme, including provisions of financing for national 
development banks or other suitable institutions for relending 
for specific projects approved by the Fund.

                  article 15. conditions of financing

  (1) The Fund shall not provide financing for any project in 
the territory of a member if that member objects thereto, 
except that it shall not be necessary for the Fund to assure 
itself that individual members do not object in the case of 
financing provided to a public international, regional or sub-
regional organization.
  (2) (a) The Fund shall not provide financing if, in its 
opinion, such financing is available from other sources on 
terms that the Fund considers as reasonable for the recipient.
  (b) In making financing available for entities other than 
members, the Fund shall take all necessary steps to ensure that 
the concessional benefits of its financing accrue only to 
members or other entities which should, taking into account all 
the relevant circumstances, receive some or all of those 
benefits.
  (3) Before financing is provided, the applicant shall have 
presented an adequate proposal through the President of the 
Bank and the President shall have presented to the Board of 
Directors of the Fund a written report recommending such 
financing, on the basis of a staff study of its merits.
  (4) (a) The Fund shall impose no conditions that the proceeds 
of its financing shall be spent in the territories of any 
particular State participant or member, but such proceeds shall 
be used only for procurement in the territories of State 
participants or members, of goods produced in and services 
supplied from the territories of State participants or members, 
provided that, in the case of funds received pursuant to 
Article 8 from a State which is not a participant or member, 
the territories of that State shall also be eligible sources of 
procurement from such funds, and may be eligible sources of 
procurement from such other funds received under that Article 
as the Board of Directors shall determine.
  (b) Procurement shall be on the basis of international 
competition among eligible suppliers except in cases where the 
Board of Directors determines that such international 
competition would not be justified.
  (5) The Fund shall make arrangements to ensure that the 
proceeds of any financing are used only for the purposes for 
which the financing was provided, with due attention to 
considerations of economy, efficiency and competitive 
international trade and without regard to political or other 
non-economic influences or considerations.
  (6) Funds to be provided under any financing operations shall 
be made available to the recipient only to meet expenses in 
connection with the project as they are actually incurred.
  (7) The Fund shall be guided by sound development banking 
principles in its operations.
  (8) The Fund shall not engage in refinancing operations.
  (9) In making a loan, the Fund shall pay due regard to the 
prospects that the borrower and the guarantor, if any, will be 
able to meet their obligations.
  (10) In considering an application for financing, the Fund 
shall pay due regard to the relevant self-help measures being 
taken by the recipient and, where the recipient is not a 
member, by both the recipient and the member or members whose 
territories the project or programme is intended to serve.
  (11) The Fund shall adopt such measures as shall be required 
to ensure the effective application of this Article.

                article 16. form and terms of financing

  (1) Financing by the Fund from resources provided under 
Articles 5, 6 and 7, and from repayments of, and income arising 
from, such financing, shall take the form of loans. The Fund 
may provide other financing, including grants, out of resources 
received pursuant to arrangements under Article 8 expressly 
authorizing such financing.
  (2) (a) Subject to the provisions of the foregoing paragraph, 
financing by the Fund shall be on such concessional terms as 
may be appropriate.
  (b) Where the borrower is a member, or an inter-governmental 
body to which one or more members belong, the Fund shall, in 
establishing the terms of financing, take account primarily of 
the economic circumstances and prospects of the member or 
members for whose benefit the financing is being provided and, 
in addition, of the nature and requirements of the project or 
programme concerned.
  (3) The Fund may provide financing for: (a) any member or any 
geographical or administrative subdivision or agency thereof: 
(b) any institution or undertaking in the territory of any 
member; and (c) any regional or sub-regional agency or 
institution concerned with development in the territories of 
members. All such financing shall, in the opinion of the Fund, 
be for the furtherance of the purposes of this Agreement. Where 
the borrower is not itself a member, the Fund shall require a 
suitable governmental or other guarantee or guarantees.
  (4) The Fund may make foreign exchange available to meet 
local expenditure on a project when and to the extent which, in 
the opinion of the Fund, this is necessary or appropriate for 
the purposes of the loan, having regard to the economic 
position and prospects of the member or members for whose 
benefit the financing is being provided, and to the nature and 
requirements of the project.
  (5) Loans shall be repayable in the currency or currencies 
loaned, or in such other freely convertible currency or 
currencies as the Fund shall determine.
  (6) Before any financing is made available to or for the 
benefit of a member or for a project in the territory of a 
member, the Fund shall be satisfied that such member has taken 
all such administrative and legislative measures in respect of 
its territory as are necessary to give effect to the provisions 
of Article 11(4) and Chapter VIII as if the member were a State 
participant, and it shall be a term of such financing that such 
administrative and legislative measures shall be maintained, 
and that in the event of any dispute between the Fund and a 
member, and in the absence of any other provision therefor, the 
provisions of Article 53 shall have effect, as if the member 
were a State participant in the circumstances to which that 
Article applies.

                   article 17. review and evaluation

  A comprehensive and continuing review of completed projects, 
programmes and activities financed by the Fund shall be carried 
out to aid the Board of Directors and the President in 
determining the effectiveness of the Fund in accomplishing its 
purposes. The President, with the agreement of the Board of 
Directors, shall make arrangements for carrying out this review 
and its results shall be reported through the President to the 
Board of Directors.

article 18. co-operation with other international organizations, other 
                        institutions and states

  In furtherance of its purposes, the Fund shall seek to co-
operate, and may enter into arrangements for co-operation, with 
other international organizations, regional and sub-regional 
organizations, other institutions and States, provided that no 
such arrangement shall be made with a State which is not a 
member or a participant or with an agency of such State unless 
it shall have been approved by an eighty-five percent majority 
of the total voting power of the participants.

                    article 19. technical assistance

  In furtherance of its purposes, the Fund may provide 
technical assistance, but such assistance will normally be on a 
reimbursable basis if it is not provided from special technical 
assistance grants or other means made available to the Fund for 
the purpose.

                  article 20. miscellaneous operations

  In addition to the powers provided for elsewhere in this 
Agreement, the Fund may undertake such other activities 
incidental to its operations as shall be necessary or desirable 
in furtherance of its purposes and consistent with the 
provisions of this Agreement.

               article 21. political activity prohibited

  Neither the Fund, nor any officials or other persons acting 
on its behalf, shall interfere in the political affairs of any 
member; nor shall they be influenced in their decisions by the 
political character of the member or members concerned. Only 
considerations relevant to the economic and social development 
of members shall be relevant to such decisions, and these 
considerations shall be weighed impartially to achieve the 
purposes stated in this Agreement.

                Chapter VI--Organization and Management

                  article 22. organization of the fund

  The Fund shall have a Board of Governors, a Board of 
Directors and a President. The Fund will utilise the officers, 
staff, organization, services and facilities of the Bank to 
carry out its functions and, if the Board of Directors 
recognizes that there is need for additional personnel, will 
have such personnel who shall be engaged by the President 
pursuant to Article 30(4)(v).

                 article 23. board of governors: powers

  (1) All the powers of the Fund shall be vested in the Board 
of Governors.
  (2) The Board of Governors may delegate to the Board of 
Directors all its powers, except the power to:
          (i) admit new participants and determine the terms of 
        their admission;
          (ii) authorize increases in subscription under 
        Article 7 and determine the terms and conditions 
        relating thereto;
          (iii) suspend a participant;
          (iv) decide appeals from decisions made by the Board 
        of Directors concerning the interpretation or 
        application of this Agreement;
          (v) authorize the conclusion of general arrangements 
        for cooperation with other international organizations, 
        other than arrangements of a temporary or 
        administrative character;
          (vi) select external auditors to audit the accounts 
        of the Fund and certify the balance sheet and statement 
        of the income and expenditures of the Fund;
          (vii) approve, after reviewing the report of the 
        auditors; the balance sheet and the statement of the 
        income and expenditures of the Fund;
          (viii) amend this Agreement;
          (ix) decide to terminate the operations of the Fund 
        and distribute its assets; and
          (x) exercise such other powers as are expressly 
        assigned to the Board of Governors in this Agreement.
  (3) The Board of Governors may at any time revoke the 
delegation of any matter to the Board of Directors.

              article 24. board of governors: composition

  (1) The governors and alternate governors of the Bank shall 
be ex officio governors and alternate governors respectively of 
the Fund. The President of the Bank shall notify to the Fund as 
necessary the names of such governors and alternates.
  (2) Each State participant which is not a member shall 
appoint one governor and one alternate governor who shall serve 
at the pleasure of the appointing participant.
  (3) No alternate may vote except in the absence of his 
principal.
  (4) Subject to the provisions of Article 60(4), governors and 
alternates shall serve as such without payment of remuneration 
or expenses by the Fund.

               article 25. board of governors: procedure

  (1) The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board or 
called by the Board of Directors. The Chairman of the Board of 
Governors of the Bank shall be ex officio Chairman of the Board 
of Governors of the Fund.
  (2) The annual meeting of the Board of Governors shall be 
held in conjunction with the annual meeting of the Board of 
Governors of the Bank.
  (3) A quorum for any meeting of the Board of Governors shall 
be a majority of the total number of governors, representing 
not less than three-fourths of the total voting power of the 
participants.
  (4) The Board of Governors may by regulation establish a 
procedure whereby the Board of Directors may, when it deems 
such action advisable, obtain a vote of the governors on a 
specific question without calling a meeting of the Board of 
Governors.
  (5) The Board of Governors, and the Board of Directors to the 
extent authorized by the Board of Governors, may establish such 
subsidiary committees as may be necessary or appropriate to 
conduct the business of the Fund.
  (6) The Board of Governors, and the Board of Directors to the 
extent authorized by the Board of Governors or by this 
Agreement, may adopt such regulations, not inconsistent with 
this Agreement, as shall be necessary or appropriate for the 
conduct of the business of the Fund.

               article 26. board of directors: functions

  Without prejudice to the powers of the Board of Governors 
provided for in Article 23, the Board of Directors shall be 
responsible for the direction of the general operations of the 
Fund and for this purpose shall exercise any functions 
expressly given to it in this Agreement or delegated to it by 
the Board of Governors and, in particular, shall:
          (i) prepare the work of the Board of Governors;
          (ii) in conformity with the general directives of the 
        Board of Governors, take decisions regarding individual 
        loans and other forms of financing to be provided by 
        the fund under this Agreement;
          (iii) adopt such rules, regulations or other measures 
        as may be required to ensure that proper and adequate 
        audited accounts and records are kept in relation to 
        the operations of the Fund;
          (iv) ensure that the Fund is served in the most 
        efficient and economical manner;
          (v) submit to the Board of Governors, for approval at 
        each annual meeting, the accounts for each financial 
        year in a form which distinguishes, to the extent 
        necessary, between the accounts of the general 
        operations of the Fund and of such operations as are 
        financed from contributions made available to the Fund 
        under Article 8;
          (vi) submit to the Board of Governors for approval at 
        each annual meeting an annual report; and
          (vii) approve the budget and general lending 
        programme and policies of the Fund, in accordance with 
        the resources respectively available for these 
        purposes.

              article 27. board of directors: composition

  (1) There shall be a Board of Directors composed of twelve 
directors.
  (2) The State participants shall, pursuant to Schedule B, 
select six directors and six alternate directors.
  (3) The Bank shall, pursuant to Schedule B, designate six 
directors and their alternates from the Board of Directors of 
the Bank.
  (4) An alternate director of the Fund may attend all meetings 
of the Board of Directors but shall neither participate nor 
vote except in the absence of his principal.
  (5) The Board of Directors shall invite the other directors 
of the Bank and their alternates to attend meetings of the 
Board of Directors as observers and any such Bank director or, 
in his absence, his alternate may participate in the discussion 
of any proposed project designed to benefit the country which 
he represents in the Board of Directors of the Bank.
  (6) (a) A director designated by the Bank shall hold office 
until his successor shall have been designated pursuant to 
Schedule B and shall have assumed office. If a director 
designated by the Bank shall cease to be a director of the Bank 
he shall cease to be a director of the Fund.
  (b) The term of office of directors selected by State 
participants shall be three years, but shall terminate whenever 
a general increase in subscriptions pursuant to Article 7(1) 
becomes effective. Such directors shall be eligible for a 
further term or terms of office. They shall continue in office 
until their successors have been selected and have assumed 
office. If the office of such a director shall become vacant 
before the expiration of his term of office, the vacancy shall 
be filled by a new director selected by the State participant 
or participants whose votes his predecessor was entitled to 
cast. Such successor director shall hold office for the 
remainder of the term of office of his predecessor.
  (c) While the office of a director remains vacant the 
alternate of the former director shall exercise the powers of 
the latter except that of appointing an alternate, other than a 
temporary alternate to represent him at meetings when he cannot 
be present.
  (7) If a State shall become a State participant pursuant to 
Article 3(3), or a State participant shall increase its 
subscription, or if for any other reason the voting rights of 
individual State participants should change between the times 
provided for the selection of directors representing State 
participants:
          (i) There shall be no change in directors as a result 
        thereof, provided that if a director shall cease to 
        have any voting rights, his term of office and that of 
        his alternate shall terminate forthwith;
          (ii) Voting rights of State participants and of the 
        directors selected by them shall be adjusted as of the 
        effective date of the increase in subscription or the 
        new subscription or other change in voting rights, as 
        the case may be; and
          (iii) If such a new State participant shall have 
        voting rights, it may designate a director then 
        representing one or more State participants to 
        represent it and cast its votes until the next general 
        selection of State participant directors.
  (8) Directors and alternates shall serve as such without 
payment of remuneration or expenses by the Fund.

               article 28. board of directors: procedure

  (1) The Board of Directors shall meet as often as the 
business of the Fund may require. The Chairman shall call a 
meeting of the Board of Directors whenever requested to do so 
by four directors.
  (2) A quorum for any meeting of the Board of Directors shall 
be a majority of the total number of directors having not less 
than three-fourths of the total voting power of the 
participants.

                           article 29. voting

  (1) The Bank, and the State participants as a group, shall 
each have 1,000 votes.
  (2) Each governor of the Fund who is a governor of the Bank 
shall have, and shall be entitled to cast, such proportionate 
share of the Bank's votes as shall have been notified to the 
Fund by the President of the Bank.
  (3) Each State participant shall have a proportionate share 
of the aggregate votes of the State participants based on the 
subscriptions of such participant made pursuant to Article 6 
and, to the extent agreed by the State participants in 
connection with additional subscriptions authorized under 
Article 7 (1) and (2), on such additional subscriptions. 
However, the total votes to be allocated to regional members 
that are State participants shall not exceed one per cent of 
the total votes of State participants. In voting in the Board 
of Governors, each governor representing a State participant 
shall be entitled to cast the votes of the participant he 
represents.
  (4) In voting in the Board of Directors, directors designated 
by the Bank shall together have 1,000 votes and directors 
selected by the State participants shall together have 1,000 
votes. Each director designated by the Bank shall have the 
number of votes allocated to him by the Bank as set forth in 
the notification of his designation, given pursuant to Part I 
of Schedule B. Each director selected by one or more State 
participants shall have the number of votes held by the 
participant or participants which selected him.
  (5) Each Bank director shall cast his votes as a unit. A 
director representing more than one State participant may cast 
separately the votes of the States he represents.
  (6) Notwithstanding any of the other provisions of this 
Agreement, if a State shall be or become both a State 
participant and a member it shall, but solely for the purposes 
of this Agreement, be treated in all respects as if it were not 
a member.
  (7) Except as otherwise provided in this Agreement, all 
matters before the Board of Governors or the Board of Directors 
shall be decided by a three-fourths majority of the total 
voting power of the participants.

                       article 30. the president

  (1) The President of the Bank shall be ex officio President 
of the Fund. He shall be Chairman of the Board of Directors but 
shall have no vote. He may participate in meetings of the Board 
of Governors but shall not vote.
  (2) The President shall be the legal representative of the 
Fund.
  (3) In the event that the President of the Bank is absent or 
his office should become vacant, the person for the time being 
designated to perform the duties of President of the Bank shall 
act as President of the Fund.
  (4) Subject to Article 26, the President shall conduct the 
ordinary business of the Fund and, in particular shall:
          (i) propose the operating and administrative budgets;
          (ii) propose the overall financing programme;
          (iii) arrange for the study and appraisal of projects 
        and programmes for financing by the Fund in accordance 
        with Article 15(3);
          (iv) draw, as needed, on the officers, staff, 
        organization, services and facilities of the Bank to 
        carry out the business of the Fund and shall be 
        responsible to the Board of Directors for ensuring and 
        controlling the proper organization, staffing and 
        services provided under Article 22; and
          (v) engage the services of such personnel, including 
        consultants and experts, as may be needed by the Fund, 
        and may terminate such services.

                  article 31. relationship to the bank

  (1) The Fund shall reimburse the Bank for the fair value of 
its use of the officers, staff, organization, services and 
facilities of the Bank, in accordance with arrangements made 
between the Fund and the Bank.
  (2) The Fund shall be an entity juridically separate and 
distinct from the Bank and assets of the Fund shall be kept 
separate and apart from those of the Bank.
  (3) Nothing in this Agreement shall make the Fund liable for 
the acts or obligations of the Bank, or the Bank liable for the 
acts or obligations of the Fund.

                     article 32. office of the fund

  The office of the Fund shall be the principal office of the 
Bank.

                        article 33. depositories

  Each State participant shall designate its central bank or 
such other institution as may be acceptable to the Fund as a 
depository in which the Fund may keep holdings of such 
participant's currency or other assets of the Fund. In the 
absence of any different designation, the depository for each 
member shall be the depository designated by it for the 
purposes of the Agreement establishing the Bank.

                  article 34. channel of communication

  Each State participant shall designate an appropriate 
authority with which the Fund may communicate in connection 
with any matter arising under this Agreement. In the absence of 
any different designation, the channel of communication 
designated by a member for the Bank shall be its channel for 
the Fund.

    article 35. publication of reports and provision of information

  (1) The Fund shall publish an annual report containing an 
audited statement of its accounts and shall circulate to 
participants and members at appropriate intervals a summary 
statement of its financial position and an income and 
expenditures statement showing the results of its operations.
  (2) The Fund may publish such other reports as it deems 
desirable to carry out its purposes.
  (3) Copies of all reports, statements and publications made 
under this Article shall be distributed to participants and 
members.

                  article 36. allocation of net income

  The Board of Governors shall determine from time to time the 
disposition of the Fund's net income, having due regard to 
provision for reserves and contingencies.

 Chapter VII--Withdrawal; Suspension of Participation; Termination of 
                               Operations

                 article 37. withdrawal by participants

  Any participant may withdraw from participation in the Fund 
at any time by transmitting a notice in writing to the Fund at 
its principal office. Withdrawal shall become effective upon 
the date such notice is received or upon such date, not more 
than six months thereafter, as may be specified in such notice.

                 article 38. suspension of participant

  (1) If a participant fails to fulfill any of its obligations 
to the Fund, the Fund may suspend its participation by decision 
of the Board of Governors.
  The participant so suspended shall automatically cease to be 
a participant one year from the date of its suspension unless a 
decision is taken by the Board of Governors to restore the 
participant to good standing.
  (2) While under suspension, a participant shall not be 
entitled to exercise any rights under this Agreement except the 
right of withdrawal, but shall remain subject to all 
obligations.

   article 39. rights and duties of states ceasing to be participants

  (1) When a State ceases to be a participant, it shall have no 
rights under this Agreement except as provided in this Article 
and in Article 53 but it shall, except as in this Article 
otherwise provided, remain liable for all financial obligations 
undertaken by it to the Fund, whether as a participant, 
borrower, guarantor or otherwise.
  (2) When a State ceases to be a participant, the Fund and the 
State shall proceed to a settlement of accounts. As part of 
such settlement of accounts, the Fund and the State may agree 
on the amounts to be paid to the State on account of its 
subscription and on the time and currencies of payment. The 
term ``subscription'' when used in relation to any participant 
shall for the purposes of this Article and Article 40 be deemed 
to include both the initial subscription and any addition 
subscription of such participant.
  (3) Pending such agreement, and in any event if no such 
agreement is reached within six months from the date when the 
State ceased to be a participant or such other time as may be 
agreed upon by the Fund and the State, the following provisions 
shall apply:
          (i) The State shall be relieved of any further 
        liability to the Fund on account of its subscription, 
        except that the State shall pay to the Fund on their 
        due dates amounts of its subscription unpaid on the 
        date when the State ceased to be a participant and 
        which in the opinion of the Fund are needed by it to 
        meet its commitments as of that date under its 
        financing operations.
          (ii) The Fund shall return to the State funds paid in 
        by the State on account of its subscription or derived 
        therefrom as principal repayments and held by the Fund 
        on the date when the State ceased to be a participant, 
        except to the extent that in the opinion of the Fund 
        such funds will be needed by it to meet its commitments 
        as of that date under its financing operations.
          (iii) The Fund shall pay to the State a pro rata 
        share of all principal repayments received by the Fund 
        after the date on which the State ceases to be a 
        participant on loans contracted prior thereto, except 
        those made out of resources provided to the Fund under 
        arrangements specifying special liquidation rights. 
        Such share shall be such proportion of the total 
        principal amount of such loans as the total amount paid 
        by the State on account of its subscription and not 
        returned to it pursuant to sub-paragraph (ii) above 
        shall bear to the total amount paid by all participants 
        on account of their subscriptions which shall have been 
        used or in the opinion of the Fund will be needed by it 
        to meet its commitments under its financing operations 
        as of the date on which the State ceases to be a 
        participant. Such payment by the Fund shall be made in 
        installments when and as such principal repayments are 
        received by the Fund, but not more frequently than 
        annually. Such installments shall be paid in the 
        currencies received by the Fund except that the Fund 
        may in its discretion make payment in the currency of 
        the State concerned.
          (iv) Any amount due to the State on account of its 
        subscription may be withheld so long as that State, or 
        any sub-division or any agency of any of the foregoing 
        remains liable, as borrower or guarantor, to the Fund, 
        and such amount may at the option of the Fund, be 
        applied against any such liability as it matures.
          (v) In no event shall the State receive under this 
        paragraph an amount exceeding, in the aggregate, the 
        lesser of the two following:
                  (1) the amount paid by the State on account 
                of its subscription, or
                  (2) such proportion of the net assets of the 
                Fund, as shown on the books of the Fund as of 
                the date on which the State ceased to be a 
                participant, as the amount of its subscription 
                shall bear to the aggregate amount of the 
                subscriptions of all participants.
          (vi) All calculations required hereunder shall be 
        made on such basis as shall be reasonably determined by 
        the Fund.
  (4) In no event shall any amount due to a State under this 
Article be paid until six months after the date upon which the 
State ceases to be a participant. If within six months of the 
date upon which any State ceases to be a participant the Fund 
terminates its operations under Article 40, all rights of such 
State shall be determined by the provisions of such Article 40, 
and such State shall be considered a participant in the Fund 
for purposes of such Article 40, except that it shall have no 
voting rights.

  article 40. termination of operations and settlement of obligations

  (1) The Fund may terminate its operations by vote of the 
Board of Governors. Withdrawal by the Bank or all the State 
participants pursuant to Article 37 shall constitute a 
termination of operations by the Fund. After such termination 
of operations the Fund shall forthwith cease all activities, 
except those incidental to the orderly realization, 
conservation and preservation of its assets and settlement of 
its obligations. Until final settlement of such obligations and 
distribution of such assets, the Fund shall remain in existence 
and all mutual rights and obligations of the Fund and the 
participants under this Agreement shall continue unimpaired, 
except that no participant shall be suspended or shall withdraw 
and that no distribution shall be made to participants except 
as in this Article provided.
  (2) No distribution shall be made to participants on account 
of their subscriptions until all liabilities to creditors shall 
have been discharged or provided for and until the Board of 
Governors shall have decided to make such distribution.
  (3) Subject to the foregoing and to any special arrangements 
for the disposition of resources agreed upon in connection with 
the provision of such resources to the Fund, the Fund shall 
distribute its assets to participants pro rata in proportion to 
amounts paid in by them on account of their subscriptions. Any 
distribution pursuant to the foregoing provision of this 
paragraph shall be subject, in the case of any participant, to 
prior settlement of all outstanding claims by the Fund against 
such participant. Such distribution shall be made at such 
times, in such currencies, and in cash or other assets as the 
Fund shall deem fair and equitable. Distribution to the several 
participants need not be uniform in respect of the type of 
assets distributed or of the currencies in which they are 
expressed.
  (4) Any participant receiving assets distributed by the Fund 
pursuant to this Article or Article 39 shall enjoy the same 
rights with respect to such assets as the Fund enjoyed prior to 
their distribution.

      Chapter VIII--Status; Immunities; Exemptions and Privileges

                     article 41. purpose of chapter

  To enable the Fund effectively to fulfill its purpose and 
carry out the functions entrusted to it, the status, 
immunities, exemptions and privileges set forth in this Chapter 
shall be accorded to the Fund in the territory of each State 
participant, and each State participant shall inform the Fund 
of the specific action which it has taken for such purpose.

                           article 42. status

  The Fund shall possess full juridical personality and, in 
particular, full capacity:
          (i) to contract;
          (ii) to acquire, and dispose of, immovable and 
        movable property; and
          (iii) to institute legal proceedings.

                       article 43. legal process

  (1) The Fund shall enjoy immunity from every form of legal 
process, except in cases arising out of or in connection with 
the exercise of its powers to receive loans in accordance with 
Article 8, in which case actions may be brought against the 
Fund in a court of competent jurisdiction in the territory of a 
country in which the Fund has its office, or has appointed an 
agent for the purpose of accepting service or notice of 
process, or has otherwise agreed to be sued.
  (2) Notwithstanding the provisions of paragraph (1), no 
action shall be brought against the Fund by any participant, or 
by any agency or instrumentality of a participant, or by any 
entity or person directly or indirectly acting for or deriving 
claims from a participant or from any agency or instrumentality 
of a participant. Participants shall have recourse to such 
special procedures for the settlement of disputes between the 
Fund and its participants as may be prescribed in this 
Agreement, in the by-laws and regulations of the Fund, or in 
contracts entered into with the Fund.
  (3) The Fund shall also make provisions for appropriate modes 
of settlement of disputes in cases which do not come within the 
provisions of paragraph (2) and of Articles 52 and 53 and which 
are subject to the immunity of the Fund by virtue of paragraph 
(1) of this Article.
  (4) Where by virtue of any of the provisions of this 
Agreement the Fund does not enjoy immunity from legal process, 
the Fund, and its property and assets wherever located and by 
whomsoever held, shall nevertheless be immune from all forms of 
seizure, attachment or execution before the delivery of final 
judgment against the Fund.

                     article 44. immunity of assets

  Property and assets of the Fund, wherever located and by 
whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action.

                    article 45. immunity of archives

  The archives of the Fund, and, in general, all documents 
belonging to it, or held by it, shall be inviolable, wherever 
located.

             article 46. freedom of assets from restriction

  To the extent necessary to carry out the purpose and 
functions of the Fund, and subject to the provisions of this 
Agreement, all property and other assets of the Fund shall be 
free from restriction by financial controls, regulations, or 
moratoria of any kind.

                article 47. privilege for communications

  Official communications of the Fund shall be accorded by each 
State participant the same treatment as it accords to the 
official communications of other international financial 
institutions of which it is a member.

    article 48. immunities and privileges of officials and personnel

  All governors and directors, and their alternates, the 
President and personnel, including experts performing missions 
for the Fund:
          (i) Shall be immune from legal process with respect 
        to acts performed by them in their official capacity;
          (ii) When they are not local nationals, shall be 
        accorded no less favourable immunities from immigration 
        restrictions, alien registration requirements and 
        national service obligations, and no less favourable 
        facilities as regards exchange regulations than are 
        accorded by the State participant concerned to the 
        representatives, officials and employees of comparable 
        rank of any other international financial institution 
        of which it is a member; and
          (iii) Shall be granted no less favourable treatment 
        in respect of traveling facilities than is accorded by 
        the State participant concerned to representatives, 
        officials and employees of comparable rank of any other 
        international financial institution of which it is a 
        member.

                  article 49. exemption from taxation

  (1) The Fund, its assets, property, income, operation and 
transactions shall be exempt from all direct taxation, and from 
all customs duties, or taxes having equivalent effect, on goods 
imported or exported for its official use. The Fund shall also 
be exempt from any obligation for the payment, withholding or 
collection of any tax or duty.
  (2) Notwithstanding the provisions of paragraph (1), the Fund 
shall not claim exemption from taxes which are no more than 
charges for services rendered.
  (3) Articles imported under an exemption provided for by 
paragraph (1) shall not be sold in the territory of the State 
participant which granted the exemption except under conditions 
agreed with that participant.
  (4) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Fund to the President and personnel 
including experts performing missions for it.

                     article 50. waiver by the fund

  (1) The immunities, exemptions and privileges provided in 
this Chapter are granted in the interests of the Fund. The 
Board of Directors may waive, to such extent and upon such 
conditions, as it may determine, the immunities, exemptions and 
privileges provided in this Chapter in cases where its action 
would in its opinion further the interests of the Fund.
  (2) Regardless of the provisions of paragraph 1, the 
President shall have the right and the duty to waive the 
immunity of any of the personnel, including experts performing 
missions for the fund, in cases where, in his opinion, the 
immunity would impede the course of justice and can be waived 
without prejudice to the interests of the Fund.

                         Chapter IX--Amendments

                               article 51

  (1) Any proposal to introduce modifications to this 
Agreement, whether emanating from a participant, a governor or 
the Board of Directors, shall be communicated to the Chairman 
of the Board of Governors, who shall bring the proposal before 
that Board. If the proposed amendment is approved by the Board, 
the Fund shall, by circular letter or telegram, ask the 
participants whether they accept the proposed amendment. When 
three-fourths of the participants having eighty-five percent of 
the voting power have accepted the proposed amendment, the Fund 
shall certify the fact by formal communication addressed to the 
participants. Amendments shall enter into force for all 
participants three months after the date of the formal 
communication provided for in this paragraph unless the Board 
of Governors specifies a different period or date.
  (2) Notwithstanding the provisions of paragraph (1), the 
unanimous approval of the Board of Governors shall be required 
for the approval of any amendment modifying:
          (i) the limitation on liability provided for in 
        Article 10;
          (ii) the provisions of Article 7 (2) and (3) relating 
        to the subscription of additional funds;
          (iii) the right to withdraw from the Fund; and
          (iv) the voting majority requirements contained in 
        the Agreement.

               Chapter X--Interpretation and Arbitration

                       article 52. interpretation

  (1) Any question of interpretation or application of the 
provisions of this Agreement arising between any participant 
and the Fund or between any participants shall be submitted to 
the Board of Directors for decision. If there is no director of 
its nationality on that Board, a State participant particularly 
affected by the question under consideration shall be entitled 
to direct representation in such cases. Such right of 
representation shall be regulated by the Board of Governors.
  (2) In any case where the Board of Directors has given a 
decision under paragraph (1), any participant may require that 
the question be referred to the Board of Governors, whose 
decision shall be final. Pending the decision of the Board of 
Governors, the Fund may, so far as it deems necessary, act on 
the basis on the decision of the Board of Directors.

                        article 53. arbitration

  In the case of a dispute between the Fund and a State which 
has ceased to be a participant, or between the Fund and any 
participant upon the termination of the operations of the Fund, 
such dispute shall be submitted to arbitration by a tribunal of 
three arbitrators. One of the arbitrators shall be appointed by 
the Fund, another by the participant or former participant 
concerned, and the two parties shall appoint the third 
arbitrator, who shall be the Chairman. If within forty-five 
days of receipt of the request for arbitration either party has 
not appointed an arbitrator or if within thirty days of the 
appointment of two arbitrators the third arbitrator has not 
been appointed, either party may request the President of the 
International Court of Justice, or such other authority as may 
have been prescribed by regulations adopted by the Board of 
Governors, to appoint an arbitrator. The procedure of the 
arbitration shall be fixed by the arbitrators, but the third 
arbitrator shall have full power to settle all questions of 
procedure in any case of disagreement with respect thereto. A 
majority vote of the arbitrators shall be sufficient to reach a 
decision, which shall be final and binding upon the parties.

                      Chapter XI--Final Provisions

                         article 54. signature

  The original of this Agreement shall remain open until 31 
March 1973 for signature by the Bank and by the States whose 
names are set forth in Schedule A.

            article 55. ratification, acceptance or approval

  (1) This Agreement shall be subject to ratification, 
acceptance or approval by the signatories.
  (2) Instruments of ratification, acceptance or approval shall 
be deposited with the Bank at its principal office by each 
signatory before 31 December 1973, provided that, if this 
Agreement shall not have entered into force by that date in 
accordance with Article 56, the Board of Directors of the Bank 
may extend the period for deposit of instruments of 
ratification, acceptance or approval by not more than six 
months.

                      article 56. entry into force

  This Agreement shall enter into force on the date on which 
the Bank and eight signatory States whose initial 
subscriptions, as set forth in Schedule A to this Agreement, 
comprise in aggregate not less than 55 million units of 
account, have deposited their instruments of ratification, 
acceptance or approval.

                       article 57. participation

  (1) A signatory whose instrument of ratification, acceptance 
or approval is deposited on or before the date on which this 
Agreement enters into force shall become a participant on that 
date. A signatory whose instrument of ratification, acceptance 
or approval is deposited thereafter and before the date 
prescribed in or pursuant to Article 55(2) shall become a 
participant on the date of such deposit.
  (2) A State which is not an original participant may become a 
participant pursuant to Article 3(3), and, notwithstanding the 
provisions of Articles 54 and 55, such participation shall be 
effected by signing this Agreement and by depositing with the 
Bank an instrument of ratification, acceptance or approval, 
which shall take effect on the date of such deposit.

                        article 58. reservations

  A State may, when depositing its instrument of ratification, 
acceptance or approval, declare:
          (i) that in its territory the immunity conferred by 
        Article 43(1) and by Article 48(i) shall not apply in 
        relation to a civil action arising out of an accident 
        caused by a motor vehicle belonging to the Fund or 
        operated on its behalf, or to a traffic offense 
        committed by the driver of such a vehicle;
          (ii) that it retains for itself and its political 
        sub-divisions the right to tax salaries and emoluments 
        paid by the Fund to that State's citizens, nationals or 
        residents;
          (iii) that it understands that the Fund will not 
        normally claim exemption from excise duties levied by 
        that State on goods originating in its territory, and 
        from taxes on the sale of movable and immovable 
        property, which form part of the price to be paid, but 
        that where the Fund is making important purchases for 
        official use of property on which such duties and taxes 
        have been charged or are chargeable, whenever possible, 
        appropriate administrative arrangements will be made by 
        that State for the remission or return of the amount of 
        duty or tax; and
          (iv) that the provisions of Article 49(3) shall apply 
        to articles in respect of which a remission or return 
        of duty or tax has been made by that State pursuant to 
        the arrangements referred to in subparagraph (iii).

                        article 59. notification

  The Bank shall notify all signatories of:
          (a) any signature;
          (b) any deposit of an instrument of ratification, 
        acceptance or approval;
          (c) the date of entry into force of this Agreement; 
        and
          (d) any declarations or reservations made at the time 
        of deposit of an instrument of ratification, acceptance 
        or approval.

                     article 60. inaugural meeting

  (1) As soon as this Agreement enters into force, each State 
participant shall appoint a governor, and the Chairman of the 
Board of Governors shall call the inaugural meeting of the 
Board of Governors.
  (2) At the inaugural meeting:
          (i) twelve directors of the Fund shall be designated 
        and selected pursuant to Article 27 (2) and (3); and
          (ii) arrangements shall be made for determining the 
        date on which the Fund shall commence operations.
  (3) The Fund shall notify all participants of the date of 
commencement of its operations.
  (4) Reasonable and necessary expenses incurred by the Bank in 
establishing the Fund, including subsistence expenses of 
governors and their alternates in attending the Inaugural 
Meeting, shall be reimbursed by the Fund.
  In witness whereof the undersigned, being thereunto duly 
authorized, have signed this Agreement.
  Done at Abidjan, this twenty-ninth day of November, one 
thousand nine hundred and seventy-two, in the English and 
French languages, both being equally authentic, in a single 
copy, which shall remain deposited with the Bank.
  The Bank shall transmit certified copies of this Agreement to 
each signatory.

                               Schedule A

                        1. original participants

  The following States shall be eligible to become original 
participants: Belgium, Brazil, Canada, Denmark, Finland, 
Federal Republic of Germany, Italy, Japan, The Netherlands, 
Norway, Spain, Sweden, Switzerland, The United Kingdom, The 
United States of America and Yugoslavia.
  Any of the aforementioned States which, after 31 December 
1973, makes a subscription of at least 15 million United States 
dollars shall, nevertheless, be deemed an original participant 
provided it signs and ratifies this Agreement on or before 31 
December 1974.

                        2. initial subscriptions

  The Bank and the following States which have signed this 
Agreement have subscribed the following amounts:

 
------------------------------------------------------------------------
                                                           Subscriptions
                                                            in Units of
                                                              Account
------------------------------------------------------------------------
African Development Bank.................................      5,000,000
Belgium..................................................      3,000,000
Brazil...................................................      2,000,000
Canada...................................................     15,000,000
Denmark..................................................      5,000,000
Federal Republic of Germany..............................      7,447,630
Finland..................................................      2,000,000
Italy....................................................     10,000,000
Japan....................................................     15,000,000
Netherlands..............................................      4,000,000
Norway...................................................      5,000,000
Spain....................................................      2,000,000
Sweden...................................................      5,000,000
Swiss Confederation......................................      3,000,000
United Kingdom...........................................      5,211,420
Yugoslavia...............................................      2,000,000
                                                          --------------
    Total................................................     90,659,050
------------------------------------------------------------------------

           Schedule B--Designation and Selection of Directors

              part i--designation of directors by the bank

  (1) The President of the Bank shall give to the Fund, on the 
occasion of each designation by the Bank of directors of the 
Fund, a notification setting forth:
          (i) the names of the directors so designated; and
          (ii) the number of votes which each such director 
        shall be entitled to cast.
  (2) When there shall be a vacancy in the office of a director 
designated by the Bank, the President shall notify to the Fund 
the name of the person designated by the Bank as his successor.

    part ii--selection of directors by governors representing state 
                              participants

  (1) In balloting for the selection of directors, each 
governor representing a State participant shall cast for one 
person all of the votes to which the State appointing him is 
entitled. The six persons receiving the greatest number of 
votes shall be directors, except that no person who receives 
less than 12 percent of the total of the votes of such 
governors shall be considered elected.
  (2) When six persons are not elected on the first ballot, a 
second ballot shall be held in which the person who received 
the lowest number of votes shall be ineligible for election and 
in which there shall vote only (a) those governors who voted in 
the first ballot for a person not elected and (b) those 
governors whose votes for a person elected are deemed under (3) 
below to have raised the votes cast for that person above 
fifteen percent of the eligible votes.
  (3) In determining whether the votes cast by a governor are 
to be deemed to have raised the total of any person above 
fifteen percent of the eligible votes, the fifteen percent 
shall be deemed to include, first, the votes of the governor 
casting the largest number of votes for such person, then the 
votes of the governor casting the next largest number, and so 
on until 15 percent is reached.
  (4) Any governor, part of whose votes must be counted in 
order to raise the total of any person above 12 percent, shall 
be considered as casting all of his votes for such person even 
if the total votes for such person thereby exceeded fifteen 
percent.
  (5) If, after the second ballot, six persons have not been 
elected, further ballots shall be held on the same principles 
until six persons have been elected, provided that after five 
persons are elected, the sixth may be elected by a simple 
majority of the remaining votes and shall be deemed to have 
been elected by all such votes.
  (6) The Governors representing State participants may change 
the foregoing rules by a 75 percent majority of the total 
voting power of such governors.
  (7) There shall be a new selection of directors representing 
State participants at each of the first three annual meetings 
of the Board of Governors.
  (8) Each director shall appoint an alternate who shall have 
full power to act for him when he is not present. Directors and 
their alternates shall be nationals of State participants.
11. Convention on the Settlement of Investment Disputes Between States 
                   and Nationals of Other States \1\

  Convention approved by the Executive Directors of the International 
   Bank for Reconstruction and Development for submission to member 
 governments, at Washington, March 18, 1965; \2\ Open for signature at 
   IBRD, and signed on behalf of the United States, August 27, 1965; 
   Ratification advised by the Senate, May 16, 1966; Ratified by the 
   President, June 1, 1966; Instrument of ratification of the United 
States deposited with IBRD, June 10, 1966; Proclaimed by the President, 
        September 30, 1966; Entered into force, October 14, 1966

                                preamble

    The Contracting States
---------------------------------------------------------------------------
    \1\ 17 UST 1270; TIAS 6090; 575 UNTS 159. For a list of states 
which are parties to this convention, see Department of State 
publication, Treaties in Force.
    \2\ Partial text of Resolution 65-14, approving the submission of 
the Convention, reads as follows:
    ``Now, therefore, the Executive Directors hereby resolve as 
follows:
    ``(1) The text of the Convention on the Settlement of Investment 
Disputes Between States and Nationals of Other States formulated by the 
Executive Directors in the form presented to this meeting and the 
report of the Executive Directors thereon are hereby approved for 
submission to member governments of the Bank;
    ``(2) The President of the Bank shall transmit said report and the 
text of the said convention to all member governments of the Bank;
    ``(3) The President and the General Counsel of the Bank shall sign 
a copy of said convention on behalf of the Bank to indicate the Bank's 
agreement to fulfill the functions with which it is charged under the 
convention;
    ``(4) The copy of the Convention so signed on behalf of the Bank 
shall remain deposited in the archives of the Bank and shall be open 
for signature on behalf of governments in accordance with its terms.''.

    Considering, The need for international cooperation for 
economic development, and the role of private international 
---------------------------------------------------------------------------
investment therein;

    Bearing in mind, The possibility that from time to time 
disputes may arise in connection with such investment between 
Contracting States and nationals of other Contracting States;

    Recognizing, That while such disputes would usually be 
subjected to national legal processes, international methods of 
settlement may be appropriate in certain cases;

    Attaching particular importance, To the availability of 
facilities for international conciliation or arbitration to 
which Contracting States and nationals of other Contracting 
States may submit such disputes if they so desire;

    Desiring, To establish such facilities under the auspices 
of the International Bank for Reconstruction and Development;

    Recognizing, That mutual consent by the parties to submit 
such disputes to conciliation or to arbitration through such 
facilities constitutes a binding agreement which requires in 
particular that due consideration be given to any 
recommendation or conciliators, and that any arbitral award be 
complied with; and

    Declaring, That no Contracting State shall by the mere fact 
of its ratification, acceptance or approval of this Convention 
and without its consent be deemed to be under any obligation to 
submit any particular dispute to conciliation or arbitration,

    Have agreed as follows:

 CHAPTER I--INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

               Section 1--Establishment and Organization

                               article 1

    (1) There is hereby established the International Centre 
for Settlement of Investment Disputes (hereinafter called the 
Centre).
    (2) The purpose of the Centre shall be to provide 
facilities for conciliation and arbitration of investment 
disputes between Contracting States and nationals of other 
Contracting States in accordance with the provisions of this 
Convention.

                               article 2

    The seat of the Centre shall be at the principal office of 
the International Bank for Reconstruction and Development 
(hereinafter called the Bank). The seat may be moved to another 
place by decision of the Administrative Council adopted by a 
majority of two-thirds of its members.

                               article 3

    The Centre shall have an Administrative Council and a 
Secretariat and shall maintain a Panel of Conciliators and a 
Panel of Arbitrators.

                 Section 2--The Administrative Council

                               article 4

    (1) The Administrative Council shall be composed of one 
representative of each Contracting State. An alternate may act 
as representative in case of his principal's absence from a 
meeting or inability to act.
    (2) In the absence of a contrary designation, each governor 
and alternate governor of the Bank appointed by a Contracting 
State shall be ex officio its representative and its alternate 
respectively.

                               article 5

    The president of the Bank shall be ex officio Chairman of 
the Administrative Council (hereinafter called the Chairman) 
but shall have no vote. During his absence or inability to act 
and during any vacancy in the office of President of the Bank, 
the person for the time being acting as President shall act as 
Chairman of the Administrative Council.

                               article 6

    (1) Without prejudice to the powers and functions vested in 
it by other provisions of this Convention, the Administrative 
Council shall:
          (a) adopt the administrative and financial 
        regulations of the Centre;
          (b) adopt the rules of procedure for the institution 
        of conciliation and arbitration proceedings;
          (c) adopt the rules of procedure for conciliation and 
        arbitration proceedings (hereinafter called the 
        Conciliation Rules and the Arbitration Rules);
          (d) approve arrangements with the Bank for the use of 
        the Bank's administrative facilities and services;
          (e) determine the conditions of service of the 
        Secretary-General and of any Deputy Secretary-General;
          (f) adopt the annual budget of revenues and 
        expenditures of the Centre;
          (g) approve the annual report on the operation of the 
        Centre.
    The decisions referred to in sub-paragraphs (a), (b), (c) 
and (f) above shall be adopted by a majority of two-thirds of 
the members of the Administrative Council.
    (2) The Administrative Council may appoint such committees 
as it considers necessary.
    (3) The Administrative Council shall also exercise such 
other powers and perform such other functions as it shall 
determine to be necessary for the implementation of the 
provisions of this Convention.

                               article 7

    (1) The Administrative Council shall hold an annual meeting 
and such other meetings as may be determined by the Council, or 
convened by the Chairman, or convened by the Secretary-General 
at the request of not less than five members of the Council.
    (2) Each member of the Administrative Council shall have 
one vote and, except as otherwise herein provided, all matters 
before the Council shall be decided by a majority of the votes 
cast.
    (3) A quorum for any meeting of the Administrative Council 
shall be a majority of its members.
    (4) The Administrative Council may establish, by a majority 
of two-thirds of its members, a procedure whereby the Chairman 
may seek a vote of the Council without convening a meeting of 
the Council. The vote shall be considered valid only if the 
majority of the members of the Council cast their votes within 
the time limit fixed by the said procedure.

                               article 8

    Members of the Administrative Council and the Chairman 
shall serve without remuneration from the Centre.

                       Section 3--The Secretariat

                               article 9

    The Secretariat shall consist of a Secretary-General, one 
or more Deputy Secretaries-General and staff.

                               article 10

    (1) The Secretary-General and any Deputy Secretary-General 
shall be elected by the Administrative Council by a majority of 
two-thirds of its members upon the nomination of the Chairman 
for a term of service not exceeding six years and shall be 
eligible for re-election. After consulting the members of the 
Administration Council, the Chairman shall propose one or more 
candidates for each such office.
    (2) The offices of Secretary-General and Deputy Secretary-
General shall be incompatible with the exercise of any 
political function. Neither the Secretary-General nor any 
Deputy Secretary-General may hold any other employment or 
engage in any other occupation except with the approval of the 
Administrative Council.
    (3) During the Secretary-General's absence or inability to 
act, and during any vacancy of the office of Secretary-General, 
the Deputy Secretary-General shall act as Secretary-General. If 
there shall be more than one Deputy Secretary-General, the 
Administrative Council shall determine in advance the order in 
which they shall act as Secretary-General.

                               article 11

    The Secretary-General shall be the legal representative and 
the principal officer of the Centre and shall be responsible 
for its administration, including the appointment of staff, in 
accordance with the provisions of this Convention and the rules 
adopted by the Administrative Council. He shall perform the 
function of registrar and shall have the power to authenticate 
arbitral awards rendered pursuant to this Convention, and to 
certify copies thereof.

                         Section 4--The Panels

                               article 12

    The Panel of Conciliators and the Panel of Arbitrators 
shall each consist of qualified persons, designated as 
hereinafter provided, who are willing to serve thereon.

                               article 13

    (1) Each Contracting State may designate to each Panel four 
persons who may but need not be its nationals.
    (2) The Chairman may designate ten persons to each Panel. 
The persons so designated to a Panel shall each have a 
different nationality.

                               article 14

    (1) Persons designated to serve on the Panels shall be 
persons of high moral character and recognized competence in 
the fields of law, commerce, industry or finance, who may be 
relied upon to exercise independent judgment. Competence in the 
field of law shall be of particular importance in the case of 
persons on the Panel of Arbitrators.
    (2) The Chairman, in designating persons to serve on the 
Panels, shall in addition pay due regard to the importance of 
assuring representation on the Panels of the principal legal 
systems of the world and of the main forms of economic 
activity.

                               article 15

    (1) Panel members shall serve for renewable periods of six 
years.
    (2) In case of death or resignation of a member of a Panel, 
the authority which designated the member shall have the right 
to designate another person to serve for the remainder of that 
member's term.
    (3) Panel members shall continue in office until their 
successors have been designated.

                               article 16

    (1) A person may serve on both Panels.
    (2) If a person shall have been designated to serve on the 
same Panel by more than one Contracting State, or by one or 
more Contracting States and the Chairman, he shall be deemed to 
have been designated by the authority which first designated 
him or, if one such authority is the State of which he is a 
national, by that State.
    (3) All designations shall be notified to the Secretary-
General and shall take effect from the date on which the 
notification is received.

                    Section 5--Financing the Centre

                               article 17

    If the expenditure of the Centre cannot be met out of 
charges for the use of its facilities, or out of other 
receipts, the excess shall be borne by Contracting States which 
are members of the Bank in proportion to their respective 
subscriptions to the capital stock of the Bank, and by 
Contracting States which are not members of the Bank in 
accordance with rules adopted by the Administrative Council.

             Section 6--Status, Immunities, and Privileges

                               article 18

    The Centre shall have full international legal personality. 
The legal capacity of the Centre shall include the capacity:
          (a) to contract;
          (b) to acquire and dispose of movable and immovable 
        property;
          (c) to institute legal proceedings.

                               article 19

    To enable the Centre to fulfill its functions, it shall 
enjoy in the territories of each Contracting State the 
immunities and privileges set forth in this Section.

                               article 20

    The Centre, its property and assets shall enjoy immunity 
from all legal process, except when the Centre waives this 
immunity.

                               article 21

    The Chairman, the members of the Administrative Council, 
persons acting as conciliators or arbitrators or members of a 
Committee appointed pursuant to paragraph (3) of Article 52, 
and the officers and employees of the Secretariat,
    (a) shall enjoy immunity from legal process with respect to 
acts performed by them in the exercise of their functions, 
except when the Centre waives this immunity;
    (b) not being local nationals, shall enjoy the same 
immunities from immigration restrictions, alien registration 
requirements and national service obligations, the same 
facilities as regards exchange restrictions and the same 
treatment in respect of traveling facilities as are accorded by 
Contracting States to the representatives, officials and 
employees of comparable rank of other Contracting States.

                               article 22

    The provisions of Article 21 shall apply to persons 
appearing in proceedings under this Convention as parties, 
agents, counsel, advocates, witnesses or experts; provided, 
however, that sub-paragraph (b) thereof shall apply only in 
connection with their travel to and from, and their stay at, 
the place where the proceedings are held.

                               article 23

    (1) The archives of the Centre shall be inviolable, 
wherever they may be.
    (2) With regard to its official communications, the Centre 
shall be accorded by each Contracting State treatment not less 
favourable than that accorded to other international 
organizations.

                               article 24

    (1) The Centre, its assets, property and income, and its 
operations and transactions authorized by this Convention shall 
be exempt from all taxation and customs duties. The Centre 
shall also be exempt from liability for the collection of 
payment of any taxes or customs duties.
    (2) Except in the case of local nationals, no tax shall be 
levied on or in respect of expenses allowances paid by the 
Centre to the Chairman or members of the Administrative 
Council, or on or in respect of salaries, expense allowances or 
other emoluments paid by the Centre to officials or employees 
of the Secretariat.
    (3) No tax shall be levied on or in respect of fees or 
expense allowances received by persons acting as conciliators, 
or arbitrators, or members of a Committee appointed pursuant to 
paragraph (3) of Article 52, in proceedings under this 
Convention, if the sole jurisdictional basis for such tax is 
the location of the Centre or the place where such proceedings 
are conducted or the place where such fees or allowances are 
paid.

                 CHAPTER II--JURISDICTION OF THE CENTRE

                               article 25

    (1) The jurisdiction of the Centre shall extend to any 
legal dispute arising directly out of an investment, between a 
Contracting State (or any constituent subdivision or agency of 
a Contracting State designated to the Centre by that State) and 
a national of another Contracting State, which the parties to 
the dispute consent in writing to submit to the Centre. When 
the parties have given their consent, no party may withdraw its 
consent unilaterally.
    (2) ``National of another Contracting State'' means:
          (a) any natural person who had the nationality of a 
        Contracting State other than the State party to the 
        dispute on the date on which the parties consented to 
        submit such dispute to conciliation or arbitration as 
        well as on the date on which the request was registered 
        pursuant to paragraph (3) of Article 28 or paragraph 
        (3) of Article 36, but does not include any person who 
        on either date also had the nationality of the 
        Contracting State party to the dispute; and
          (b) any juridical person which had the nationality of 
        a Contracting State other than the State party to the 
        dispute on the date on which the parties consented to 
        submit such dispute to conciliation or arbitration and 
        any juridical person which had the nationality of the 
        Contracting State party to the dispute on that date and 
        which, because of foreign control, the parties have 
        agreed should be treated as a national of another 
        Contracting State for the purposes of this Convention.
    (3) Consent by a constituent subdivision or agency of a 
Contracting State shall require the approval of that State 
unless that State notifies the Centre that no such approval is 
required.
    (4) Any contracting State may, at the time of ratification, 
acceptance or approval of this Convention or at any time 
thereafter, notify the Centre of the class or classes of 
disputes which it would or would not consider submitting to the 
jurisdiction of the Centre. The Secretary-General shall 
forthwith transmit such notification to all Contracting States. 
Such notification shall not constitute the consent required by 
paragraph (1).

                               article 26

    Consent of the parties to arbitration under this Convention 
shall, unless otherwise stated, be deemed consent to such 
arbitration to the exclusion of any other remedy. A Contracting 
State may require the exhaustion of local administrative or 
judicial remedies as a condition of its consent to arbitration 
under this Convention.

                               article 27

    (1) No Contracting State shall give diplomatic protection, 
or bring an international claim, in respect of a dispute which 
one of its nationals and another Contracting State shall have 
consented to submit or shall have submitted to arbitration 
under this Convention, unless such other Contracting State 
shall have failed to abide by and comply with the award 
rendered in such dispute.
    (2) Diplomatic protection, for the purposes of paragraph 
(1), shall not include informal diplomatic exchanges for the 
sole purpose of facilitating a settlement of the dispute.

                       CHAPTER III--CONCILIATION

                  Section 1--Request for Conciliation

                               article 28

    (1) Any Contracting State or any national of a Contracting 
State wishing to institute conciliation proceedings shall 
address a request to that effect in writing to the Secretary-
General who shall send a copy of the request to the other 
party.
    (2) The request shall contain information concerning the 
issues in dispute, the identity of the parties and their 
consent to conciliation in accordance with the rules of 
procedure for the institution of conciliation and arbitration 
proceedings.
    (3) The Secretary-General shall register the request unless 
he finds, on the basis of the information contained in the 
request, that the dispute is manifestly outside the 
jurisdiction of the Centre. He shall forthwith notify the 
parties of registration or refusal to register.

         Section 2--Constitution of the Conciliation Commission

                               article 29

    (1) The Conciliation Commission (hereinafter called the 
Commission) shall be constituted as soon as possible after 
registration of a request pursuant to Article 28.
    (2) (a) The Commission shall consist of a sole conciliator 
or any uneven number of conciliators appointed as the parties 
shall agree.
    (b) Where the parties do not agree upon the number of 
conciliators and the method of their appointment, the 
Commission shall consist of three conciliators, one conciliator 
appointed by each party and the third, who shall be the 
president of the Commission, appointed by agreement of the 
parties.

                               article 30

    If the Commission shall not have been constituted within 90 
days after notice of registration of the request has been 
dispatched by the Secretary-General in accordance with 
paragraph (3) of Article 28, or such other period as the 
parties may agree, the Chairman shall, at the request of either 
party and after consulting both parties as far as possible, 
appoint the conciliator or conciliators not yet appointed.

                               article 31

    (1) Conciliators may be appointed from outside the Panel of 
Conciliators, except in the case of appointments by the 
Chairman pursuant to Article 30.
    (2) Conciliators appointed from outside the Panel of 
Conciliators shall possess the qualities stated in paragraph 
(1) of Article 14.

                  Section 3--Conciliation Proceedings

                               article 32

    (1) The Commission shall be the judge of its own 
competence.
    (2) Any objection by a party to the dispute that that 
dispute is not within the jurisdiction of the Centre, or for 
other reasons is not within the competence of the Commission, 
shall be considered by the Commission which shall determine 
whether to deal with it as a preliminary question or to join 
the merits of the dispute.

                               article 33

    Any conciliation proceeding shall be conducted in 
accordance with the provisions of this Section and, except as 
the parties otherwise agree, in accordance with the 
Conciliation Rules in effect on the date on which the parties 
consented to conciliation. If any question of procedure arises 
which is not covered by this Section or the Conciliation Rules 
or any rules agreed by the parties, the Commission shall decide 
the question.

                               article 34

    (1) It shall be the duty of the Commission to clarify the 
issues in dispute between the parties and to endeavour to bring 
about agreement between them upon mutually acceptable terms. To 
that end, the Commission may at any stage of the proceedings 
and from time to time recommend terms of settlement to the 
parties. The parties shall cooperate in good faith with the 
Commission in order to enable the Commission to carry out its 
functions, and shall give their most serious consideration to 
its recommendations.
    (2) If the parties reach agreement, the Commission shall 
draw up a report noting the issues in dispute and recording 
that the parties have reached agreement. If, at any stage of 
the proceedings, it appears to the Commission that there is no 
likelihood of agreement between the parties, it shall close the 
proceedings and shall draw up a report noting the submission of 
the dispute and recording the failure of the parties to reach 
agreement. If one party fails to appear or participate in the 
proceedings, the Commission shall close the proceedings and 
shall draw up a report noting that party's failure to appear or 
participate.

                               article 35

    Except as the parties to the dispute shall otherwise agree, 
neither party to a conciliation proceeding shall be entitled in 
any other proceeding, whether before arbitrators or in a court 
of law or otherwise, to invoke or rely on any views expressed 
or statements or admissions or offers of settlement made by the 
other party in the conciliation proceedings, or the report or 
any recommendations made by the Commission.

                        CHAPTER IV--ARBITRATION

                   Section 1--Request for Arbitration

                               article 36

    (1) Any Contracting State or any national of a Contracting 
State wishing to institute arbitration proceedings shall 
address a request to that effect in writing to the Secretary-
General who shall send a copy of the request to the other 
party.
    (2) The request shall contain information concerning the 
issues in dispute, the identity of the parties and their 
consent to arbitration in accordance with the rules of 
procedure for the institution of conciliation and arbitration 
proceedings.
    (3) The Secretary-General shall register the request unless 
he finds, on the basis of the information contained in the 
request, that the dispute is manifestly outside the 
jurisdiction of the Centre. He shall forthwith notify the 
parties of registration or refusal to register.

                Section 2--Constitution of the Tribunal

                               article 37

    (1) The Arbitral Tribunal (hereinafter called the Tribunal) 
shall be constituted as soon as possible after registration of 
a request pursuant to Article 36.
    (2) (a) The Tribunal shall consist of a sole arbitrator or 
any uneven number of arbitrators appointed as the parties shall 
agree.
    (b) Where the parties do not agree upon the number of 
arbitrators and the method of their appointment, the Tribunal 
shall consist of three arbitrators, one arbitrator appointed by 
each party and the third, who shall be the president of the 
Tribunal, appointed by agreement of the parties.

                               article 38

    If the Tribunal shall not have been constituted within 90 
days after notice of registration of the request has been 
dispatched by the Secretary-General in accordance with 
paragraph (3) of Article 36, or such other period as the 
parties may agree, the Chairman shall, at the request of either 
party and after consulting both parties as far as possible, 
appoint the arbitrator or arbitrators not yet appointed. 
Arbitrators appointed by the Chairman pursuant to this Article 
shall not be nationals of the Contracting State party to the 
dispute or of the Contracting State whose national is a party 
to the dispute.

                               article 39

    The majority of the arbitrators shall be nationals of 
States other than the Contracting State party to the dispute 
and the Contracting State whose national is a party to the 
dispute; provided, however, that the foregoing provisions of 
this Article shall not apply if the sole arbitrator or each 
individual member of the Tribunal has been appointed by 
agreement of the parties.

                               article 40

    (1) Arbitrators may be appointed from outside the Panel of 
Arbitrators, except in the case of appointments by the Chairman 
pursuant to Article 38.
    (2) Arbitrators appointed from outside the Panel of 
Arbitrators shall possess the qualities stated in paragraph (1) 
of Article 14.

            Section 3--Powers and Functions of the Tribunal

                               article 41

    (1) The Tribunal shall be the judge of its own competence.
    (2) Any objection by a party to the dispute that that 
dispute is not within the jurisdiction of the Centre, or for 
other reasons is not within the competence of the Tribunal, 
shall be considered by the Tribunal which shall determine 
whether to deal with it as a preliminary question or to join it 
to the merits of the dispute.

                               article 42

    (1) The Tribunal shall decide a dispute in accordance with 
such rules of law as may be agreed by the parties. In the 
absence of such agreement, the Tribunal shall apply the law of 
the Contracting State party to the dispute (including its rules 
on the conflict of laws) and such rules of international law as 
may be applicable.
    (2) The Tribunal may not bring in a finding of non liquet 
on the ground of silence or obscurity of the law.
    (3) The provisions of paragraphs (1) and (2) shall not 
prejudice the power of the Tribunal to decide a dispute ex 
aequo et bono if the parties so agree.

                               article 43

    Except as the parties otherwise agree, the Tribunal may, if 
it deems it necessary at any stage of the proceedings,
          (a) call upon the parties to produce documents or 
        other evidence, and
          (b) visit the scene connected with the dispute, and 
        conduct such inquires there as it may deem appropriate.

                               article 44

    Any arbitration proceeding shall be conducted in accordance 
with the provisions of this section and, except as the parties 
otherwise agree, in accordance with the Arbitration Rules in 
effect on the date on which the parties consented to 
arbitration. If any question of procedure arises which is not 
covered by this Section or the Arbitration Rules or any rules 
agreed by the parties, the Tribunal shall decide the question.

                               article 45

    (1) Failure of a party to appear or to present his case 
shall not be deemed an admission of the other party's 
assertions.
    (2) If a party fails to appear or to present his case at 
any stage of the proceedings the other party may request the 
Tribunal to deal with the questions submitted to it and to 
render an award. Before rendering an award, the Tribunal shall 
notify, and grant a period of grace to, the party failing to 
appear or to present its case, unless it is satisfied that that 
party does not intend to do so.

                               article 46

    Except as the parties otherwise agree, the Tribunal shall, 
if requested by a party, determine any incidental or additional 
claims or counter-claims arising directly out of the subject-
matter of the dispute provided that they are within the scope 
of the consent of the parties and are otherwise within the 
jurisdiction of the Centre.

                               article 47

    Except as the parties otherwise agree, the Tribunal may, if 
it considers that the circumstances so require, recommend any 
provisional measures which should be taken to preserve the 
respective rights of either party.

                          Section 4--The Award

                               article 48

    (1) The Tribunal shall decide questions by a majority of 
the votes of all its members.
    (2) The award of the Tribunal shall be in writing and shall 
be signed by the members of the Tribunal who voted for it.
    (3) The award shall deal with every question submitted to 
the Tribunal, and shall state the reasons upon which it is 
based.
    (4) Any member of the Tribunal may attach his individual 
opinion to the award, whether he dissents from the majority or 
not, or a statement of his dissent.
    (5) The Centre shall not publish the award without the 
consent of the parties.

                               article 49

    (1) The Secretary-General shall promptly dispatch certified 
copies of the award to the parties. The award shall be deemed 
to have been rendered on the date on which the certified copies 
were dispatched.
    (2) The Tribunal upon the request of a party made within 45 
days after the date on which the award was rendered may after 
notice to the other party decide any question which it had 
omitted to decide in the award, and shall rectify any clerical, 
arithmetical or similar error in the award. Its decision shall 
become part of the award and shall be notified to the parties 
in the same manner as the award. The periods of time provided 
for under paragraph (2) of Article 51 and paragraph (2) of 
Article 52 shall run from the date on which the decision was 
rendered.

     Section 5--Interpretation, Revision and Annulment of the Award

                               article 50

    (1) If any dispute shall arise between the parties as to 
the meaning or scope of an award, either party may request 
interpretation of the award by an application in writing 
addressed to the Secretary-General.
    (2) The request shall, if possible, be submitted to the 
Tribunal which rendered the award. If this shall not be 
possible, a new Tribunal shall be constituted in accordance 
with Section 2 of this Chapter. The Tribunal may, if it 
considers that the circumstances so require, stay enforcement 
of the award pending its decision.

                               article 51

    (1) Either party may request revision of the award by an 
application in writing addressed to the Secretary-General on 
the ground of discovery of some fact of such a nature as 
decisively to affect the award, provided that when the award 
was rendered that fact was unknown to the Tribunal and to the 
applicant and that the applicant's ignorance of that fact was 
not due to negligence.
    (2) The application shall be made within 90 days after the 
discovery of such fact and in any event within three years 
after the date on which the award was rendered.
    (3) The request shall, if possible, be submitted to the 
Tribunal which rendered the award. If this shall not be 
possible, a new Tribunal shall be constituted in accordance 
with Section 2 of this Chapter.
    (4) The Tribunal may, if it considers that the 
circumstances so require, stay enforcement of the award pending 
its decision. If the applicant requests a stay of enforcement 
of the award in his application, enforcement shall be stayed 
provisionally until the Tribunal rules on such request.

                               article 52

    (1) Either party may request annulment of the award by an 
application in writing addressed to the Secretary-General on 
one or more of the following grounds:
          (a) that the Tribunal was not properly constituted;
          (b) that the Tribunal has manifestly exceeded its 
        powers;
          (c) that there was corruption on the part of a member 
        of the Tribunal;
          (d) that there has been a serious departure from a 
        fundamental rule of procedure; or
          (e) that the award has failed to state the reasons on 
        which it is based.
    (2) The application shall be made within 120 days after the 
date on which the award was rendered except that when annulment 
is requested on the ground of corruption such application shall 
be made within 120 days after discovery of the corruption and 
in any event within three years after the date on which the 
award was rendered.
    (3) On receipt of the request the Chairman shall forthwith 
appoint from the Panel of Arbitrators an ad hoc Committee of 
three persons. None of the members of the Committee shall have 
been a member of the Tribunal which rendered the award, shall 
be of the same nationality as any such member, shall be a 
national of the State party to the dispute or of the State 
whose national is a party to the dispute, shall have been 
designated to the Panel of Arbitrators by either of those 
States, or shall have acted as a conciliator in the same 
dispute. The Committee shall have the authority to annul the 
award or any part thereof on any of the grounds set forth in 
paragraph (1).
    (4) The provisions of Articles 41-45, 48, 49, 53 and 54, 
and of Chapters VI and VII shall apply mutatis mutandis to 
proceedings before the Committee.
    (5) The Committee may, if it considers that the 
circumstances so require, stay enforcement of the award pending 
its decision. If the applicant requests a stay of enforcement 
of the award in this application, enforcement shall be stayed 
provisionally until the Committee rules on such request.
    (6) If the award is annulled the dispute shall, at the 
request of either party, be submitted to a new Tribunal 
constituted in accordance with Section 2 of this Chapter.

          Section 6--Recognition and Enforcement of the Award

                               article 53

    (1) The award shall be binding on the parties and shall not 
be subject to any appeal or to any other remedy except those 
provided for in this Convention. Each party shall abide by and 
comply with the terms of the award except to the extent that 
enforcement shall have been stayed pursuant to the relevant 
provisions of this Convention.
    (2) For the purposes of this Section, ``award'' shall 
include any decision interpreting, revising or annulling such 
award pursuant to Articles 50, 51 or 52.

                               article 54

    (1) Each Contracting State shall recognize an award 
rendered pursuant to this Convention as binding and enforce the 
pecuniary obligations imposed by that award within its 
territories as if it were a final judgment of a court in that 
State. A Contracting State with a federal constitution may 
enforce such an award in or through its federal courts and may 
provide that such courts shall treat the award as if it were a 
final judgment of the courts of a constituent state.
    (2) A party seeking recognition or enforcement in the 
territories of a Contracting State shall furnish to a competent 
court or other authority which such State shall have designated 
for this purpose a copy of the award certified by the 
Secretary-General. Each Contracting State shall notify the 
Secretary-General of the designation of the competent court or 
other authority for this purpose and of any subsequent change 
in such designation.
    (3) Execution of the award shall be governed by the laws 
concerning the execution of judgments in force in the State in 
whose territories such execution is sought.

                               article 55

    Nothing in Article 54 shall be construed as derogating from 
the law in force in any Contracting State relating to immunity 
of that State or of any foreign State from execution.

    CHAPTER V--REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND 
                              ARBITRATORS

                               article 56

    (1) After a Commission or a Tribunal has been constituted 
and proceedings have begun, its composition shall remain 
unchanged; provided, however, that if a conciliator or an 
arbitrator should die, become incapacitated, or resign, the 
resulting vacancy shall be filled in accordance with the 
provisions of Section 2 of Chapter III or Section 2 of Chapter 
IV.
    (2) A member of a Commission or Tribunal shall continue to 
serve in that capacity not withstanding that he shall have 
ceased to be a member of the panel.
    (3) If a conciliator or arbitrator appointed by a party 
shall have resigned without the consent of the Commission or 
Tribunal of which he was a member, the Chairman shall appoint a 
person from the appropriate Panel to fill the resulting 
vacancy.

                               article 57

    A party may propose to a Commission or Tribunal the 
disqualification of any of its members on account of any fact 
indicating a manifest lack of the qualities required by 
paragraph (1) of Article 14. A party to arbitration proceedings 
may, in addition, propose the disqualification of an arbitrator 
on the ground that he was ineligible for appointment to the 
Tribunal under Section 2 of Chapter IV.

                               article 58

    The decision on any proposal to disqualify a conciliator or 
arbitrator shall be taken by the other members of the 
Commission or Tribunal as the case may be, provided that where 
those members are equally divided, or in the case of a proposal 
to disqualify a sole conciliator or arbitrator, or a majority 
of the conciliators or arbitrators, the Chairman shall take 
that decision. If it is decided that the proposal is well-
founded the conciliator or arbitrator to whom the decision 
relates shall be replaced in accordance with the provisions of 
Section 2 of Chapter III or Section 2 of Chapter IV.

                    CHAPTER VI--COST OF PROCEEDINGS

                               article 59

    The charges payable by the parties for the use of the 
facilities of the Centre shall be determined by the Secretary-
General in accordance with the regulations adopted by the 
Administrative Council.

                               article 60

    (1) Each Commission and each Tribunal shall determine the 
fees and expenses of its members within limits established from 
time to time by the Administrative Council and after 
consultation with the Secretary-General.
    (2) Nothing in paragraph (1) of this Article shall preclude 
the parties from agreeing in advance with the Commission or 
Tribunal concerned upon the fees and expenses of its members.

                               article 61

    (1) In the case of conciliation proceeding the fees and 
expenses of members of the Commission as well as the charges 
for the use of the facilities of the Centre, shall be borne 
equally by the parties. Each party shall bear any other 
expenses it incurs in connection with the proceedings.
    (2) In the case of arbitration proceedings the Tribunal 
shall, except as the parties otherwise agree, assess the 
expenses incurred by the parties in connection with the 
proceedings, and shall decide how and by whom those expenses, 
the fees and expenses of the members of the Tribunal and the 
charges for the use of the facilities of the Centre shall be 
paid. Such decision shall form part of the award.

                   CHAPTER VII--PLACE OF PROCEEDINGS

                               article 62

    Counciliation and arbitration proceedings shall be held at 
the seat of the Centre except as hereinafter provided.

                               article 63

    Conciliation and arbitration proceedings may be held, if 
the parties so agree,
    (a) at the seat of the Permanent Court of Arbitration or of 
any other appropriate institution, whether private or public, 
with which the Centre may make arrangements for that purpose; 
or
    (b) at any other place approved by the Commission or 
Tribunal after consultation with the Secretary-General.

           CHAPTER VIII--DISPUTES BETWEEN CONTRACTING STATES

                               article 64

    Any dispute arising between Contracting States concerning 
the interpretation or application of this Convention which is 
not settled by negotiation shall be referred to the 
International Court of Justice by the application of any party 
to such dispute, unless the States concerned agree to another 
method of settlement.

                         CHAPTER IX--AMENDMENT

                               article 65

    Any Contracting State may propose amendment of this 
Convention. The text of a proposed amendment shall be 
communicated to the Secretary-General not less than 90 days 
prior to the meeting of the Administrative Council at which 
such amendment is to be considered and shall forthwith be 
transmitted by him to all the members of the Administrative 
Council.

                               article 66

    (1) If the Administrative Council shall so decide by a 
majority of two-thirds of its members, the proposed amendment 
shall be circulated to all Contracting States for ratification, 
acceptance or approval. Each amendment shall enter into force 
30 days after dispatch by the depositary of this Convention of 
a notification to Contracting States that all Contracting 
States have ratified, accepted or approved the amendment.
    (2) No amendment shall affect the rights and obligations 
under this Convention of any Contracting State or of any of its 
constituent subdivisions or agencies, or of any national of 
such State arising out of consent to the jurisdiction of the 
Centre given before the date of entry into force of the 
amendment.

                      CHAPTER X--FINAL PROVISIONS

                               article 67

    This Convention shall be open for signature on behalf of 
States members of the Bank. It shall also be open for signature 
on behalf of any other State which is a party to the Statute of 
the International Court of Justice and which the Administrative 
Council, by a vote of two-thirds of its members, shall have 
invited to sign the Convention.

                               article 68

    (1) This Convention shall be subject to ratification, 
acceptance or approval by the signatory States in accordance 
with their respective constitutional procedures.
    (2) This Convention shall enter into force 30 days after 
the date of deposit of the twentieth instrument of 
ratification, acceptance or approval. It shall enter into force 
for each State which subsequently deposits its instrument of 
ratification, acceptance or approval 30 days after the date of 
such deposit.

                               article 69

    Each Contracting State shall take such legislative or other 
measures as may be necessary for making the provisions of this 
Convention effective in its territories.

                               article 70

    This Convention shall apply to all territories for whose 
international relations a Contracting State is responsible, 
except those which are excluded by such State by written notice 
to the depositary of this Convention either at the time of 
ratification, acceptance or approval or subsequently.

                               article 71

    Any Contracting State may denounce this Convention by 
written notice to the depositary of this Convention. The 
denunciation shall take effect six months after receipt of such 
notice.

                               article 72

    Notice by a Contracting State pursuant to Articles 70 or 71 
shall not affect the rights or obligations under this 
Convention of that State or of any of its constituent 
subdivisions or agencies or of any national of that State 
arising out of consent to the jurisdiction of the Centre given 
by one of them before such notice was received by the 
depositary.

                               article 73

    Instruments of ratification, acceptance or approval of this 
Convention and of amendments thereto shall be deposited with 
the Bank which shall act as the depositary of this Convention. 
The depositary shall transmit certified copies of this 
Convention to States members of the Bank and to any other State 
invited to sign the Convention.

                               article 74

    The depositary shall register this Convention with the 
Secretariat of the United Nations in accordance with Article 
102 of the Charter of the United Nations and the Regulations 
thereunder adopted by the General Assembly.

                               article 75

    The depositary shall notify all signatory States of the 
following:
          (a) signatures in accordance with Article 67;
          (b) deposits of instruments of ratification, 
        acceptance and approval in accordance with Article 73;
          (c) the date on which this Convention enters into 
        force in accordance with Article 68;
          (d) exclusions from territorial application pursuant 
        to Article 70;
          (e) the date on which any amendment of this 
        Convention enters into force in accordance with Article 
        66; and
          (f) denunciations in accordance with Article 71.

    Done at Washington in the English, French and Spanish 
languages, all three texts being equally authentic, in a single 
copy which shall remain deposited in the archives of the 
International Bank for Reconstruction and Development, which 
has indicated by its signature below its agreement to fulfill 
the functions with which it is charged under this Convention.
  12. Agreement Establishing the European Bank for Reconstruction and 
                       Development (Amended) \1\

Agreement signed at Paris, May 29, 1990; Entered into force, March 18, 
                                  1991

    The contracting parties,
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    \1\ A Resolution of the Board of Governors adopted on January 31, 
2004, amended sec. 1 of the Agreement, effective October 15, 2006. For 
a list of states that are parties to this convention, see Department of 
State publication, Treaties in Force.

    Committed to the fundamental principles of multiparty 
democracy, the rule of law, respect for human rights and market 
---------------------------------------------------------------------------
economics;

    Recalling the Final Act of the Helsinki Conference on 
Security and Cooperation in Europe, and in particular its 
Declaration on Principles;

    Welcoming the intent of Central and Eastern European 
countries to further the practical implementation of multiparty 
democracy, strengthening democratic institutions, the rule of 
law and respect for human rights and their willingness to 
implement reforms in order to evolve towards market-oriented 
economies;

    Considering the importance of close and coordinated 
cooperation in order to promote the economic progress of 
Central and Eastern European countries to help their economies 
become more internationally competitive and assist them in 
their reconstruction and development and thus to reduce, where 
appropriate, any risks related to the financing of their 
economies;

    Convinced that the establishment of a multilateral 
financial institution which is European in its basic character 
and broadly international in its membership would help serve 
these ends and would constitute a new and unique structure of 
cooperation in Europe;

    Have agreed to establish hereby the European Bank for 
Reconstruction and Development (hereinafter called ``the 
Bank'') which shall operate in accordance with the following:

                               CHAPTER I

                   PURPOSE, FUNCTIONS AND MEMBERSHIP

                               Article 1

                                purpose

    In contributing to economic progress and reconstruction, 
the purpose of the Bank shall be to foster the transition 
towards open market-oriented economies and to promote private 
and entrepreneurial initiative in the Central and Eastern 
European countries committed to and applying the principles of 
multiparty democracy, pluralism and market economics. The 
purpose of the Bank may also be carried out in Mongolia subject 
to the same conditions. Accordingly, any reference in this 
Agreement and its annexes to ``Central and Eastern European 
countries'', ``countries from Central and Eastern Europe'', 
``recipient country (or countries)'' or ``recipient member 
country (or countries)'' shall refer to Mongolia as well.

                               Article 2

                               functions

    1. To fulfill on a long-term basis its purpose of fostering 
the transition of Central and Eastern European countries 
towards open market-oriented economies and the promotion of 
private and entrepreneurial initiative, the Bank shall assist 
the recipient member countries to implement structural and 
sectoral economic reforms, including demonopolization, 
decentralization and privatization, to help their economies 
become fully integrated into the international economy by 
measures;
          (i) to promote, through private and other interested 
        investors, the establishment, improvement and expansion 
        of productive, competitive and private sector activity, 
        in particular small and medium sized enterprises;
          (ii) to mobilize domestic and foreign capital and 
        experienced management to the end described in (i);
          (iii) to foster productive investment, including in 
        the service and financial sectors, and in related 
        infrastructure where that is necessary to support 
        private and entrepreneurial initiative, thereby 
        assisting in making a competitive environment and 
        raising productivity, the standard of living and 
        conditions of labour;
          (iv) to provide technical assistance for the 
        preparation, financing and implementation of relevant 
        projects, whether individual or in the context of 
        specific investment programmes;
          (v) to stimulate and encourage the development of 
        capital markets;
          (vi) to give support to sound and economically viable 
        projects involving more than one recipient member 
        country;
          (vii) to promote in the full range of its activities 
        environmentally sound and sustainable development; and
          (viii) to undertake such other activities and provide 
        such other services as may further these functions.
    2. In carrying out the functions referred to in paragraph 1 
of this Article, the Bank shall work in close cooperation with 
all its members and, in such manner as it may deem appropriate 
within the terms of this Agreement, with the International 
Monetary Fund, the International Bank for Reconstruction and 
Development, the International Finance Corporation, the 
Multilateral Investment Guarantee Agency, and the Organisation 
for Economic Cooperation and Development, and shall cooperate 
with the United Nations and its Specialised Agencies and other 
related bodies, and any entity, whether public or private, 
concerned with the economic development of, and investment in, 
Central and Eastern European countries.

                               Article 3

                               membership

    1. Membership in the Bank shall be open:
          (i) to (1) European countries and (2) non-European 
        countries which are members of the International 
        Monetary Fund; and
          (ii) to the European Economic Community and the 
        European Investment Bank.
    2. Countries eligible for membership under paragraph 1 of 
this Article, which do not become members in accordance with 
Article 61 of this Agreement, may be admitted, under such terms 
and conditions as the Bank may determine, to membership in the 
Bank upon the affirmative vote of not less than two-thirds of 
the Governors, representing not less than three-fourths of the 
total voting power of the members.

                               CHAPTER II

                                CAPITAL

                               Article 4

                        authorized capital stock

    1. The original authorized capital stock shall be ten 
thousand million (10,000,000,000) ECU. It shall be divided into 
one million (1,000,000) shares, having a par value of ten 
thousand (10,000) ECU each, which shall be available for 
subscription only by members in accordance with the provisions 
of Article 5 of this Agreement.
    2. The original capital stock shall be divided into paid-in 
shares and callable shares. The initial total aggregate par 
value of paid-in shares shall be three thousand million 
(3,000,000,000) ECU.
    3. The authorized capital stock may be increased at such 
time and under such terms as may seem advisable, by a vote of 
not less than two-thirds of the Governors, representing not 
less than three-fourths of the total voting power of the 
members.

                               Article 5

                         subscription of shares

    1. Each member shall subscribe to shares of the capital 
stock of the Bank, subject to fulfillment of the member's legal 
requirements. Each subscription to the original authorized 
capital stock shall be for paid-in shares and callable shares 
in the proportion of three (3) to seven (7). The initial number 
of shares available to be subscribed to by Signatories to this 
Agreement which become members in accordance with Article 61 of 
this Agreement shall be that set forth in Annex A. No member 
shall have an initial subscription of less than one hundred 
(100) shares.
    2. The initial number of shares to be subscribed to by 
countries which are admitted to membership in accordance with 
paragraph 2 of Article 3 of this Agreement shall be determined 
by the Board of Governors; provided, however, that no such 
subscription shall be authorized which would have the effect of 
reducing the percentage of capital stock held by countries 
which are members of the European Economic Community, together 
with the European Economic Community and the European 
Investment Bank, below the majority of the total subscribed 
capital stock.
    3. The Board of Governors shall at intervals of not more 
than five (5) years review the capital stock of the Bank. In 
case of an increase in the authorized capital stock, each 
member shall have a reasonable opportunity to subscribe, under 
such uniform terms and conditions as the Board of Governors 
shall determine, to a proportion of the increase in stock 
equivalent to the proportion which its stock subscribed bears 
to the total subscribed capital stock immediately prior to such 
increase. No member shall be obliged to subscribe to any part 
of an increase of capital stock.
    4. Subject to the provisions of paragraph 3 of this 
Article, the Board of Governors may, at the request of a 
member, increase the subscription of that member, or allocate 
shares to that member within the authorized capital stock which 
are not taken up by other members; provided, however, that such 
increase shall not have the effect of reducing the percentage 
of capital stock held by countries which are members of the 
European Economic Community, together with the European 
Economic Community and the European Investment Bank, below the 
majority of the total subscribed capital stock.
    5. Shares of stock initially subscribed to by members shall 
be issued at par. Other shares shall be issued at par unless 
the Board of Governors, by a vote of not less than two-thirds 
of the Governors, representing not less than two-thirds of the 
total voting power of the members, decides to issue them in 
special circumstances on other terms.
    6. Shares of stock shall not be pledged or encumbered in 
any manner whatsoever, and they shall not be transferable 
except to the Bank in accordance with Chapter VII of this 
Agreement.
    7. The liability of the members on shares shall be limited 
to the unpaid portion of their issue price. No member shall be 
liable, by reason of its membership, for obligations of the 
Bank.

                               Article 6

                        payment of subscriptions

    1. Payment of the paid-in shares of the amount initially 
subscribed to by each Signatory to this Agreement, which 
becomes a member in accordance with Article 61 of this 
Agreement, shall be made in five (5) instalments of twenty (20) 
per cent each of such amount. The first instalment shall be 
paid by each member within sixty (60) days after the date of 
the entry into force of this Agreement, or after the date of 
deposit of its instrument of ratification, acceptance or 
approval in accordance with Article 61, if this latter is later 
than the date of the entry into force. The remaining four (4) 
instalments shall each become due successively one year from 
the date on which the preceding instalment became due and shall 
each, subject to the legislative requirements of each member, 
be paid.
    2. Fifty (50) per cent of payment of each instalment 
pursuant to paragraph 1 of this Article, or by a member 
admitted in accordance with paragraph 2 of Article 3 of this 
Agreement, may be made in promissory notes or other obligations 
issued by such member and denominated in ECU, in United States 
dollars or in Japanese yen, to be drawn down as the Bank needs 
funds for disbursement as a result of its operations. Such 
notes or obligations shall be non-negotiable, non-interest-
bearing and payable to the Bank at par value upon demand. 
Demands upon such notes or obligations shall, over reasonable 
periods of time, be made so that the value of such demands in 
ECU at the time of demand from each member is proportional to 
the number of paid-in shares subscribed to any held by each 
such member depositing such notes or obligations.
    3. All payment obligations of a member in respect of 
subscription to shares in the initial capital stock shall be 
settled either in ECU, in United States dollars or in Japanese 
yen on the basis of the average exchange rate of the relevant 
currency in terms of the ECU for the period from 30 September 
1989 to 31 March 1990 inclusive.
    4. Payment of the amount subscribed to the callable capital 
stock of the Bank shall be subject to call, taking account of 
Article 17 and 42 of this Agreement, only as and when required 
by the Bank to meet its liabilities.
    5. In the event of a call referred to in paragraph 4 of 
this Article, payments shall be made by the member in ECU, in 
United States dollars or in Japanese yen. Such calls shall be 
uniform in ECU value upon each callable share calculated at the 
time of the call.
    6. The Bank shall determine the place for any payment under 
this Article not later than one month after the inaugural 
meeting of its Board of Governors, provided that, before such 
determination, the payment of the first instalment referred to 
in paragraph 1 of this Article shall be made to the European 
Investment Bank, as trustees for the Bank.
    7. For subscriptions other than those described in 
paragraphs 1, 2 and 3 of this Article, payments by a member in 
respect of subscription to paid-in shares in the authorized 
capital stock shall be made in ECU, in United States dollars or 
in Japanese yen whether in cash or in promissory notes or in 
other obligations.
    8. For the purposes of this Article, payment or 
denomination in ECU shall include payment or denomination in 
any fully convertible currency which is equivalent on the date 
of payment or encashment of the value of the relevant 
obligation in ECU.

                               Article 7

                       ordinary capital resources

    As used in this Agreement, the term ``ordinary capital 
resources'' of the Bank shall include the following:
          (i) authorized capital stock of the Bank, including 
        both paid-in and callable shares, subscribed to 
        pursuant to Article 5 of this Agreement;
          (ii) funds raised by borrowings of the Bank by virtue 
        of powers conferred by subparagraph (i) of Article 20 
        of this Agreement, to which the commitment to calls 
        provided for in paragraph 4 of Article 6 of this 
        Agreement is applicable;
          (iii) funds received in repayment of loans or 
        guarantees and proceeds from the disposal of equity 
        investment made with the resources indicated in sub-
        paragraphs (i) and (ii) of this Article;
          (iv) income derived from loans and equity investment, 
        made from the resources indicated in sub-paragraphs (i) 
        and (ii) of this Article, and income derived from 
        guarantees and underwriting not forming part of the 
        special operations of the Bank; and
          (v) any other funds or income received by the Bank 
        which do not form part of its Special Funds resources 
        referred to in Article 19 of this Agreement.

                              CHAPTER III

                               OPERATIONS

                               Article 8

                recipient countries and use of resources

    1. The resources and facilities of the Bank shall be used 
exclusively to implement the purpose and carry out the 
functions set forth, respectively, in Articles 1 and 2 of this 
Agreement.
    2. The Bank may conduct its operations in countries from 
Central and Eastern Europe which are proceeding steadily in the 
transition towards market oriented economies and the promotion 
of private and entrepreneurial initiative, and which apply, by 
concrete steps and otherwise, to principles as set forth in 
Article 1 of this Agreement.
    3. In cases where a member might be implementing policies 
which are inconsistent with Article 1 of this Agreement, or in 
exceptional circumstances, the Board of Directors shall 
consider whether access by a member to Bank resources should be 
suspended or otherwise modified and may make recommendations 
accordingly to the Board of Governors. Any decision on these 
matters shall be taken by the Board of Governors by a majority 
of not less than two-thirds of the Governors, representing not 
less than three-fourths of the total voting power of the 
members.
    4. (i) Any potential recipient country may request that the 
Bank provide access to its resources for limited purposes over 
a period of three (3) years beginning after the entry into 
force of this Agreement. Any such request shall be attached as 
an integral part of this Agreement as soon as it is made.
    (ii) During such a period:
          (a) the Bank shall provide to such a country, and to 
        enterprises in its territory, upon their request, 
        technical assistance and other types of assistance 
        directed to finance its private sector, to facilitate 
        the transition of state-owned enterprises to private 
        ownership and control, and to help enterprises 
        operating competitively and moving to participation in 
        the market oriented economy, subject to the proportion 
        set forth in paragraph 3 of Article 11 of this 
        Agreement;
          (b) the total amount of any assistance thus provided 
        shall not exceed the total amount of cash disbursed and 
        promissory notes issued by that country for its shares.
    (iii) At the end of this period, the decision to allow such 
a country access beyond the limits specified in subparagraphs 
(a) and (b) shall be taken by the Board of Governors by a 
majority of not less than three-fourths of the Governors 
representing not less than eighty-five (85) per cent of the 
total voting power of the members.

                               Article 9

                    ordinary and special operations

    The operations of the Bank shall consist of ordinary 
operations financed from the ordinary capital resources of the 
Bank referred to in Article 7 of this Agreement and special 
operations financed from the Special Funds resources referred 
to in Article 19 of this Agreement. The two types of operations 
may be combined.

                               Article 10

                        separation of operations

    1. The ordinary capital resources and the Special Funds 
resources of the Bank shall at all times and in all respects be 
held, used, committed, invested or otherwise disposed of 
entirely separately from each other. The financial statements 
of the Bank shall show the reserves of the Bank, together with 
its ordinary operations, and, separately, its special 
operations.
    2. The ordinary capital resources of the Bank shall under 
no circumstances be charged with, or used to discharge, losses 
or liabilities arising out of special operations or other 
activities for which Special Funds resources were originally 
used or committed.
    3. Expenses appertaining directly to ordinary operations 
shall be charged to the ordinary capital resources of the Bank. 
Expenses appertaining directly to special operations shall be 
charged to Special Funds resources. Any other expenses shall, 
subject to paragraph 1 of Article 18 of this Agreement, be 
charged as the Bank shall determine.

                               Article 11

                          methods of operation

    1. The Bank shall carry out its operations in furtherance 
of its purpose and functions as set out in Articles 1 and 2 of 
this Agreement in any or all of the following ways:
          (i) by making, or cofinancing together with 
        multilateral institutions, commercial banks or other 
        interested sources, or participating in, loans to 
        private sector enterprises, loans to any state-owned 
        enterprise operating competitively and moving to 
        participation in the market oriented economy, and loans 
        to any state-owned enterprise to facilitate its 
        transition to private ownership and control; in 
        particular to facilitate or enhance the participation 
        of private and/or foreign capital in such enterprises;
          (ii)(a) by investment in the equity capital of 
        private sector enterprises;
          (b) by investment in the equity capital of any state-
        owned enterprise operating competitively and moving to 
        participation in the market oriented economy, and 
        investment in the equity capital of any state-owned 
        enterprise to facilitate its transition to private 
        ownership and control; in particular to facilitate or 
        enhance the participation of private and/or foreign 
        capital in such enterprises; and
          (c) by underwriting, where other means of financing 
        are not appropriate, the equity issue of securities by 
        both private sector enterprises and such state-owned 
        enterprise referred to in (b) above for the ends 
        mentioned in that subparagraph;
          (iii) by facilitating access to domestic and 
        international capital markets by private sector 
        enterprises or by other enterprises referred to in 
        subparagraph (i) of this paragraph for the ends 
        mentioned in that subparagraph, through the provision 
        of guarantees, where other means of financing are not 
        appropriate, and through financial advice and other 
        forms of assistance;
          (iv) by deploying Special Funds resources in 
        accordance with the agreements determining their use; 
        and
          (v) by making or participating in loans and providing 
        technical assistance for the reconstruction or 
        development of infrastructure, including environmental 
        programmes, necessary for private sector development 
        and the transition to a market-oriented economy.
    For the purposes of this paragraph, a state-owned 
enterprise shall not be regarded as operating competitively 
unless it operates autonomously in a competitive market 
environment and unless it is subject to bankruptcy laws.
    2. (i) The Board of Directors shall review at least 
annually the Bank's operations and lending strategy in each 
recipient country to ensure that the purpose and functions of 
the Bank, as set out in Articles 1 and 2 of this Agreement, are 
fully served. Any decision pursuant to such a review shall be 
taken by a majority of not less than two-thirds of the 
Directors, representing not less than three-fourths of the 
total voting power of the members.
          (ii) The said review shall involve the consideration 
        of, inter alia, each recipient country's progress made 
        on decentralization, demonopolization and privatization 
        and the relative shares of the Bank's lending to 
        private enterprises, to state-owned enterprises in the 
        process of transition to participation in the market-
        oriented economy or privatization, for infrastructure, 
        for technical assistance, and for other purposes.
    3. (i) Not more than forty (40) per cent of the amount of 
the Bank's total committed loans, guarantees and equity 
investments, without prejudice to its other operations referred 
to in this Article, shall be provided to the state sector. Such 
percentage limit shall apply initially over a two (2) year 
period, from the date of commencement of the Bank's operations, 
taking one year with another, and thereafter in respect of each 
subsequent financial year.
          (ii) For any country, not more than forty (40) per 
        cent of the amount of the Bank's total committed loans, 
        guarantees and equity investments over a period of five 
        (5) years, taking one year with another, and without 
        prejudice to the Bank's other operations referred to in 
        this Article, shall be provided to the state sector.
          (iii) For the purposes of this paragraph,
                  (a) the state sector includes national and 
                local governments, their agencies, and 
                enterprises owned or controlled by any of them;
                  (b) a loan or guarantee to, or equity 
                investment in, a state-owned enterprise which 
                is implementing a programme to achieve private 
                ownership and control shall not be considered 
                as made to the state sector;
                  (c) loans to a financial intermediary for 
                onlending to the private sector shall not be 
                considered as made the state sector.

                               Article 12

                   limitations on ordinary operations

    1. The total amount of outstanding loans, equity 
investments and guarantees made by the Bank in its ordinary 
operations shall not be increased at any time, if by such 
increase the total amount of its unimpaired subscribed capital, 
reserves and surpluses included in its ordinary capital 
resources would be exceeded.
    2. The amount of any equity investment shall not normally 
exceed such percentage of the equity capital of the enterprise 
concerned as shall be determined, by a general rule, to be 
appropriate by the Board of Directors. The Bank shall not seek 
to obtain by such an investment a controlling interest in the 
enterprise concerned and shall not exercise such control or 
assume direct responsibility for managing any enterprise in 
which it has an investment, except in the event of actual or 
threatened default on any of its investments, actual or 
threatened insolvency of the enterprise in which such 
investment shall have been made, or other situations which, in 
the opinion of the Bank, threaten to jeopardize such 
investment, in which case the Bank may take such action and 
exercise such rights as it may deem necessary for the 
protection of its interests.
    3. The amount of the Bank's disbursed equity investments 
shall not at any time exceed an amount corresponding to its 
total unimpaired paid-in subscribed capital, surpluses and 
general reserve.
    4. The Bank shall not issue guarantees for export credits 
nor undertake insurance activities.

                               Article 13

                          operating principles

    The Bank shall operate in accordance with the following 
principles:
          (i) the Bank shall apply sound banking principles to 
        all its operations;
          (ii) the operations of the Bank shall provide for the 
        financing of specific projects, whether individual or 
        in the context of specific investment programmes, and 
        for technical assistance, designed to fulfill its 
        purpose and functions as set out in Articles 1 and 2 of 
        this Agreement;
          (iii) the Bank shall not finance any undertaking in 
        the territory of a member if that member objects to 
        such financing;
          (iv) the Bank shall not allow a disproportionate 
        amount of its resources to be used for the benefit of 
        any member;
          (v) the Bank shall seek to maintain reasonable 
        diversification in all its investments;
          (vi) before a loan, guarantee or equity investment is 
        granted, the application shall have submitted an 
        adequate proposal and the President of the Bank shall 
        have presented to the Board of Directors a written 
        report regarding the proposal, together with 
        recommendations, on the basis of a staff study;
          (vii) the Bank shall not undertake any financing, or 
        provide any facilities, when the applicant is able to 
        obtain sufficient financing or facilities elsewhere on 
        terms and conditions that the Bank considers 
        reasonable;
          (viii) in providing or guaranteeing financing, the 
        Bank shall pay due regard to the prospect that the 
        borrower and its guarantor, if any, will be in a 
        position to meet their obligations under the financing 
        contract;
          (ix) in case of a direct loan made by the Bank, the 
        borrower shall be permitted by the Bank to draw its 
        funds only to meet expenditure as it is actually 
        incurred;
          (x) the Bank shall seek to revolve its funds by 
        selling its investments to private investors whenever 
        it can appropriately do so on satisfactory terms;
          (xi) in its investments in individual enterprises, 
        the Bank shall undertake its financing on terms and 
        conditions which it considers appropriate, taking into 
        account the requirements of the enterprise, the risks 
        being undertaken by the Bank, and the terms and 
        conditions normally obtained by private investors for 
        similar financing;
          (xii) the Bank shall place no restriction upon the 
        procurement of goods and services from any country from 
        the proceeds of any loan, investment or other financing 
        undertaken in the ordinary or special operations of the 
        Bank, and shall, in all appropriate cases, make its 
        loans and other operations conditional on international 
        invitations to tender being arranged; and
          (xiii) the Bank shall take the necessary measures to 
        ensure that the proceeds of any loan made, guaranteed 
        or participated in by the Bank, or any equity 
        investment, are used only for the purposes for which 
        the loan or the equity investment was granted and with 
        due attention to considerations of economy and 
        efficiency.

                               Article 14

             terms and conditions for loans and guarantees

    1. In the case of loans made, participated in, or 
guaranteed by the Bank, the contract shall establish the terms 
and conditions for the loan or the guarantee concerned, 
including those relating to payment of principal, interest and 
other fees, charges, maturities and date of payment in respect 
of the loan or the guarantee, respectively. In setting such 
terms and conditions ,the Bank shall take fully into account 
the need to safeguard its income.
    2. Where the recipient of loans or guarantees of loans is 
not itself a member, but is a state-owned enterprise, the Bank 
may, when it appears desirable, bearing in mind the different 
approaches appropriate to public and state-owned enterprise in 
transition to private ownership and control, require the member 
or members in whose territory the project concerned is to be 
carried out, or a public agency or any instrumentality of such 
member or members acceptable to the Bank, to guarantee the 
repayment of the principal and the payment of interest and 
other fees and charges of the loan in accordance with the terms 
thereof. The Board of Directors shall review annually the 
Bank's practice in this matter, paying due attention to the 
Bank's creditworthiness.
    3. The loan or guarantee contract shall expressly state the 
currency or currencies, or ECU, in which all payments to the 
Bank thereunder shall be made.

                               Article 15

                          commission and fees

    1. The Bank shall charge, in addition to interest, a 
commission on loans made or participated in as part of its 
ordinary operations. The terms and conditions of this 
commission shall be determined by the Board of Directors.
    2. In guaranteeing a loan as part of its ordinary 
operations, or in underwriting the sale of securities, the Bank 
shall charge fees, payable at rates and times determined by the 
Board of Directors, to provide suitable compensation for its 
risks.
    3. The Board of Directors may determine any other charges 
of the Bank in its ordinary operations and any commission, fees 
or other charges in its special operations.

                               Article 16

                            special reserve

    1. The amount of commissions and fees received by the Bank 
pursuant to Article 15 of this Agreement shall be set aside as 
a special reserve which shall be kept for meeting the losses of 
the Bank in accordance with Article 17 of this Agreement. The 
special reserve shall be held in such liquid form as the Bank 
may decide.
    2. If the Board of Directors determines that the size of 
the special reserve is adequate, it may decide that all or part 
of the said commission or fees shall henceforth form part of 
the income of the Bank.

                               Article 17

               methods of meeting the losses of the bank

    1. In the Bank's ordinary operations, in cases of arrears 
or default on loans made, participated in, or guaranteed by the 
Bank, and in cases of losses on underwriting and in equity 
investment, the Bank shall take such action as its deems 
appropriate. The Bank shall maintain appropriate provisions 
against possible losses.
    2. Losses arising in the Bank's ordinary operations shall 
be charged:
          (i) first, to the provisions referred to in paragraph 
        1 of this Article;
          (ii) second, to net income;
          (iii) third, against the special reserve provided for 
        in Article 16 of this Agreement;
          (iv) fourth, against its general reserve and 
        surpluses;
          (v) fifth, against the unimpaired paid-in capital; 
        and
          (vi) last, against an appropriate amount of the 
        uncalled subscribed callable capital which shall be 
        called in accordance with the provisions of paragraphs 
        4 and 5 of Article 6 of this Agreement.

                               Article 18

                             special funds

    1. The Bank may accept the administration of Special Funds 
which are designed to serve the purpose and come within the 
functions of the Bank. The full cost of administering any such 
Special Fund shall be charged to that Special Fund.
    2. Special Funds accepted by the Bank may be used in any 
manner and on any terms and conditions consistent with the 
purpose and the functions of the Bank, with the other 
applicable provisions of this Agreement, and with the agreement 
or agreements relating to such Funds.
    3. The Bank shall adopt such rules and regulations as may 
be required for the establishment, administration and use of 
each Special Fund. Such rules and regulations shall be 
consistent with the provisions of this Agreement, except for 
those provisions expressly applicable only to ordinary 
operations of the Bank.

                               Article 19

                        special funds resources

    The term ``special Funds resources'' shall refer to the 
resources of any Special Fund and shall include:
          (i) funds accepted by the Bank for inclusion in any 
        Special Fund;
          (ii) funds repaid in respect of loans or guarantees, 
        and the proceeds of equity investments, financed from 
        the resources of any Special Fund which, under the 
        rules and regulations governing that Special Fund, are 
        received by such Special Fund; and
          (iii) income derived from investment of Special Fund 
        resources.

                               CHAPTER IV

                BORROWING AND OTHER MISCELLANEOUS POWERS

                               Article 20

                             general powers

    1. The Bank shall have, in addition to the powers specified 
elsewhere in this agreement, the power to:
          (i) borrow funds in member countries or elsewhere, 
        provided always that:
                  (a) before making a sale of its obligations 
                in the territory of a country, the Bank shall 
                have obtained its approval; and
                  (b) where the obligations of the Bank are to 
                be denominated in the currency of a member, the 
                Bank shall have obtained its approval;
          (ii) invest or deposit funds not needed in its 
        operations;
          (iii) buy and sell securities, in the secondary 
        market, which the Bank has issued or guaranteed or in 
        which it has invested;
          (iv) guarantee securities in which it has invested in 
        order to facilitate their sale;
          (v) underwrite, or participate in the underwriting 
        of, securities issued by any enterprise for purposes 
        consistent with the purpose and functions of the Bank;
          (vi) provide technical advice and assistance which 
        service its purpose and come within its function;
          (vii) exercise such other powers and adopt such rules 
        and regulations as may be necessary or appropriate in 
        furtherance of its purpose and functions, consistent 
        with the provisions of this Agreement; and
          (viii) conclude agreements of cooperation with any 
        public or private entity or entities.
    2. Every security issued or guaranteed by the Bank shall 
bear on its face a conspicuous statement to the effect that it 
is not an obligation of any Government or member, unless it is 
in fact the obligation of a particular Government or member, in 
which case it shall so state.

                               CHAPTER V

                               CURRENCIES

                               Article 21

                  determination and use of currencies

    1. Whenever it shall become necessary under this Agreement 
to determine whether any currency is fully convertible for the 
purposes of this Agreement, such determination shall be made by 
the Bank, taking into account the paramount need to preserve 
its own financial interests, after consultation, if necessary, 
with the International Monetary Fund.
    2. Members shall not impose any restrictions on the 
receipt, holding, use or transfer by the Bank of the following:
          (i) currencies or ECU received by the Bank in payment 
        of subscriptions to its capital stock, in accordance 
        with Article 6 of this Agreement;
          (ii) currencies obtained by the Bank by borrowing;
          (iii) currencies and other resources administered by 
        the Bank as contributions to Special Funds; and
          (iv) currencies received by the Bank in payment on 
        account of principal, interest, dividends or other 
        charges in respect of loans or investments, or the 
        proceeds of disposal of such investments made out of 
        any of the funds referred to in subparagraphs (i) to 
        (iii) of this paragraph, or in payment of commission, 
        fees or other charges.

                               CHAPTER VI

                      ORGANIZATION AND MANAGEMENT

                               Article 22

                               structure

    The Bank shall have a Board of Governors, a Board of 
Directors, a President, one or more Vice-Presidents and such 
other officers and staff as may be considered necessary.

                               Article 23

                    board of governors: composition

    1. Each member shall be represented on the Board of 
Governors and shall appoint one Governor and one Alternate. 
Each Governor and Alternate shall serve at the pleasure of the 
appointing member. No Alternate may vote except in the absence 
of his or her principal. At each of its annual meetings, the 
Board shall elect on of the Governors as Chairman who shall 
hold office until the election of the next Chairman.
    2. Governors and Alternates shall serve as such without 
remuneration from the Bank.

                               Article 24

                       board of governors: powers

    1. All the powers of the Bank shall be vested in the Board 
of Governors.
    2. The Board of Governors may delegate to the Board of 
Directors any or all of its powers, except the power to:
          (i) admit new members and determine the conditions of 
        their admission;
          (ii) increase or decrease the authorized capital 
        stock of the Bank;
          (iii) suspend a member;
          (iv) decide appeals from interpretations or 
        applications of this Agreement given by the Board of 
        Directors;
          (v) authorize the conclusion of general agreements 
        for co-operation with other international 
        organizations;
          (vi) elect the Directors and the President of the 
        Bank;
          (vii) determine the remuneration of the Directors and 
        Alternate Directors and the Salary and other terms of 
        the contract of service of the President;
          (viii) approve, after reviewing the auditors' report, 
        the general balance sheet and the statement of profit 
        and loss of the Bank;
          (ix) determine the reserves and the allocation and 
        distribution of the net profits of the Bank;
          (x) amend this Agreement;
          (xi) decide to terminate the operations of the Bank 
        and to distribute its assets; and
          (xii) exercise such other powers as are expressly 
        assigned to the Board of Governors in this Agreement.
    3. The Board of Governors shall retain full power to 
exercise authority over any matter delegated or assigned to the 
Board of Directors under paragraph 2 of this Article, or 
elsewhere in this Agreement.

                               Article 25

                     board of governors: procedure

    1. The Board of Governors shall hold an annual meeting and 
such other meetings as may be provided for by the Board or 
called by the Board of Directors. Meetings of the Board of 
Governors shall be called, by the Board of Directors, whenever 
requested by not less than five (5) members of the Bank or 
members holding not less than one quarter of the total voting 
power of the members.
    2. Two-thirds of the Governors shall constitute a quorum 
for any meeting of the Board of Governors, provided such 
majority represents not less than two-thirds of the total 
voting power of the members.
    3. The Board of Governors may by regulations establish a 
procedure whereby the Board of Directors may, when the latter 
deems such action advisable, obtain a vote of the Governors on 
a specific questions without calling a meeting of the Board of 
Governors.
    4. The Board of Governors, and the Board of Directors to 
the extent authorized, may adopt such rules and regulations and 
establish such subsidiary bodies as may be necessary or 
appropriate to conduct the business of the Bank.

                               Article 26

                    board of directors: composition

    1. The Board of Directors shall be composed of twenty-three 
(23) members who shall not be members of the Board of 
Governors, and of whom:
          (i) Eleven (11) shall be elected by the Governors 
        representing Belgium, Denmark, France, the Federal 
        Republic of Germany, Greece, Ireland, Italy, 
        Luxembourg, the Netherlands, Portugal, Spain, the 
        United Kingdom, the European Economic Community and the 
        European Investment Bank; and
          (ii) Twelve (12) shall be elected by the Governors 
        representing other members, of whom:
                  (a) four (4), by the Governors representing 
                those countries listed in Annex A as Central 
                and Eastern European countries eligible for 
                assistance from the Bank;
                  (b) four (4), by the Governors representing 
                those countries listed in Annex A as other 
                European countries;
                  (c) four (4), by the Governors representing 
                those countries listed in Annex A as non-
                European countries.
    Directors, as well as representing members whose Governors 
have elected them, may also represent members who assign their 
votes to them.
    2. Directors shall be persons of high competence in 
economic and financial matters and shall be elected in 
accordance with Annex B.
    3. The Board of Governors may increase or decrease the 
size, or revise the composition, of the Board of Directors, in 
order to take into account changes in the number of members of 
the Bank, by an affirmative vote of not less than two-thirds of 
the Governors, representing not less than three-fourths of the 
total voting powers for subsequent elections, the number and 
composition of the second Board of Directors shall be as set 
out in paragraph 1 of this Article.
    4. Each Director shall appoint an Alternate with full power 
to act for him or her when he or she is not present. Directors 
and Alternates shall be nationals of member countries. No 
member shall be represented by more than one Director. An 
Alternate may participate in meetings of the Board but may vote 
only when he or she is acting in place of his or her principal.
    5. Directors shall hold office for a term of three (3) 
years and may be reelected; provided that the first Board of 
Directors shall be elected by the Board of Governors at its 
inaugural meeting, and shall hold office until the next 
immediately following annual meeting of the Board of Governors 
or, if that Board shall so decide at that annual meeting, until 
its next subsequent annual meeting. They shall continue in 
office until their successors shall have been chosen and 
assumed office. If the office of a Director becomes vacant more 
than one hundred and eighty (180) days before the end of his or 
her term, a successor shall be chosen in accordance with Annex 
B, for the remainder of the term, by the Governors who elected 
the former Director. A majority of the votes cast by such 
Governors shall be required for such election. If the office of 
a Director becomes vacant one hundred and eighty (180) days or 
less before the end of his or her term, a successor may 
similarly be chosen for the remainder of the term, by the votes 
cast by such Governors who elected the former Director, in 
which election a majority of the votes cast by such Governors 
shall be required. While the office remains vacant, the 
Alternate of the former Director shall exercise the powers of 
the latter, except that of appointing an Alternate.

                               Article 27

                       board of directors: powers

    Without prejudice to the powers of the Board of Governors 
as provided in Article 24 of this Agreement, the Board of 
Directors shall be responsible for the direction of the general 
operations of the Bank and, for this purpose, shall, in 
addition to the powers assigned to it expressly by this 
Agreement, exercise all the powers delegated to it by the Board 
of Governors, and in particular:
          (i) prepare the work of the Board of Governors;
          (ii) in conformity with the general directions of the 
        Board of Governors, establish policies and take 
        decisions concerning loans, guarantees, investments in 
        equity capital, borrowing by the Bank, the furnishing 
        of technical assistance, and other operations of the 
        Bank;
          (iii) submit the audited accounts for each financial 
        year for approval of the Board of Governors at each 
        annual meeting; and
          (iv) approve the budget of the Bank.

                               Article 28

                     board of directors: procedure

    1. The Board of Directors shall normally function at the 
principal office of the Bank and shall meet as often as the 
business of the Bank may require.
    2. A majority of the Directors shall constitute a quorum 
for any meeting of the Board of Directors, provided such 
majority represents not less than two-thirds of the total 
voting power of the members.
    3. The Board of Governors shall adopt regulations under 
which, if there is no Director of its nationality, a member may 
send a representative to attend, without right to vote, any 
meeting of the Board of Directors when a matter particularly 
affecting that member is under consideration.

                               Article 29

                                 voting

    1. The voting power of each member shall be equal to the 
number of its subscribed shares in the capital stock of the 
Bank. In the event of any member failing to pay any part of the 
amount due in respect of its obligations in relation to paid-in 
shares under Article 6 of this Agreement, such member shall be 
unable for so long as such failure continues to exercise that 
percentage of its voting power which corresponds to the 
percentage which the amount due but unpaid bears to the total 
amount of paid-in shares subscribed to by that member in the 
capital stock of the Bank.
    2. In voting in the Board of Governors, each Governor shall 
be entitled to cast the votes of the member he or she 
represents. Except as otherwise expressly provided in this 
Agreement, all matters before the Board of Governors shall be 
decided by a majority of the voting power of the members 
voting.
    3. In voting in the Board of Directors each Director shall 
be entitled to cast the number of votes to which the Governors 
who have elected him or her are entitled and those to which any 
Governors who have assigned their votes to him or her, pursuant 
to Section D of Annex B, are entitled. A Director representing 
more than one member may cast separately the votes of the 
members he or she represents. Except as otherwise expressly 
provided in this Agreement, and except for general policy 
decisions in which cases such policy decisions shall be taken 
by a majority of not less than two-thirds of the total voting 
power of the members voting, all matters before the Board of 
Directors shall be decided by a majority of the voting power of 
the members voting.

                               Article 30

                             the president

    1. The Board of Governors, by a vote of a majority of the 
total number of Governors, representing not less than a 
majority of the total voting power of the members, shall elect 
a President of the Bank. The President, while holding office, 
shall not be a Governor or a Director or an Alternate for 
either.
    2. The term of office of the President shall be four (4) 
years. He or she may be re-elected. He or she shall, however, 
cease to hold office when the Board of Governors so decides by 
an affirmative vote of not less than two-thirds of the 
Governors, representing not less than two-thirds of the total 
voting power of the members. If the office of the President for 
any reason becomes vacant, the Board of Governors, in 
accordance with the provisions of paragraph 1 of this Article, 
shall elect a successor for up to four (4) years.
    3. The President shall not vote, except that he or she may 
cast a deciding vote in case of any equal division. He or she 
may participate in meetings of the Board of Governors and shall 
chair the meetings of the Board of Directors.
    4. The President shall be the legal representative of the 
Bank.
    5. The President shall be chief of the staff of the Bank. 
He or she shall be responsible for the organization, 
appointment and dismissal of the officers and staff in 
accordance with regulations to be adopted by the Board of 
Directors. In appointing officers and staff, he or she shall, 
subject to the paramount importance of efficiency and technical 
competence, pay due regard to recruitment on a wide 
geographical basis among members of the Bank.
    6. The President shall conduct, under the direction of the 
Board of Directors, the current business of the Bank.

                               Article 31

                           vice-president(s)

    1. One or more Vice-Presidents shall be appointed by the 
Board of Directors on the recommendation of the President. A 
Vice-President shall hold office for such term, exercise such 
authority and perform such functions in the administration of 
the Bank, as may be determined by the Board of Directors. In 
the absence or incapacity of the President, a Vice-President 
shall exercise the authority and perform the functions of the 
President.
    2. A Vice-President may participate in meetings of the 
Board of Directors but shall have not vote at such meetings, 
except that he or she may cast the deciding vote when acting in 
place of the President.

                               Article 32

                  international character of the bank

    1. The Bank shall not accept Special Funds or other loans 
or assistance that may in any way prejudice, deflect or 
otherwise alter its purpose or functions.
    2. The Bank, its President, Vice-President(s), officers and 
staff shall in their decisions take into account only 
considerations relevant to the Bank's purpose, functions and 
operations, as set out in this Agreement. Such considerations 
shall be weighed impartially in order to achieve and carry out 
the purpose and functions of the Bank.
    3. The President, Vice-President(s), officers and staff of 
the Bank, in the discharge of their offices, shall owe their 
duty entirely to the Bank and to no other authority. Each 
member of the Bank shall respect the international character of 
this duty and shall refrain from all attempts to influence any 
of them in the discharge of their duties.

                               Article 33

                          location of offices

    1. The principal office of the Bank shall be located in 
London.
    2. The Bank may establish agencies or branch offices in the 
territory of any member of the Bank.

                               Article 34

               depositories and channels of communication

    1. Each member shall designate its central bank, or such 
other institution as may be agreed upon with the Bank, as a 
depository for all the Bank's holdings of its currency as well 
as other assets of the Bank.
    2. Each member shall designate an appropriate official 
entity with which the Bank may communicate in connection with 
any matter arising under this Agreement.

                               Article 35

          publication of reports and provision of information

    1. The Bank shall public an annual report containing an 
audited statement of its accounts and shall circulate to 
members at intervals of three (3) months or less a summary 
statement of its financial position and a profit and loss 
statement showing the results of its operations. The financial 
accounts shall be kept in ECU.
    2. The Bank shall report annually on the environmental 
impact of its activities and may publish such other reports as 
it deems desirable to advance its purpose.
    3. Copies of all reports, statements and publications made 
under this Article shall be distributed to members.

                               Article 36

               allocation and distribution of net income

    1. The Board of Governors shall determine at least annually 
what part of the Bank's net income, after making provisions for 
reserves and, if necessary, against possible losses under 
paragraph 1 of Article 17 of this Agreement, shall be allocated 
to surplus or other purposes and what part, if any, shall be 
distributed. Any such decision on the allocation of the Bank's 
net income to other purposes shall be taken by a majority of 
not less than two-thirds of the Governors, representing not 
less than two-thirds of the total voting power of the members. 
No such allocation, and no distribution, shall be made until 
the general reserve amounts to at least ten (10) per cent of 
the authorized capital stock.
    2. Any distribution referred to in the preceding paragraph 
shall be made in proportion to the number of paid-in shares 
held by each member; provided that in calculating such number 
account shall be taken only of payments received in cash and 
promissory notes encashed in respect of such shares on or 
before the end of the relevant financial year.
    3. Payments to each member shall be made in such manner as 
the Board of Governors shall determine. Such payments and their 
use by the receiving country shall be without restriction by 
any member.

                              CHAPTER VII

   WITHDRAWAL AND SUSPENSION OF MEMBERSHIP: TEMPORARY SUSPENSION AND 
                       TERMINATION OF OPERATIONS

                               Article 37

                      right of members to withdraw

    1. Any member may withdraw from the Bank at any time by 
transmitting a notice in writing to the Bank at its principal 
office.
    2. Withdrawal by a member shall become effective, and its 
membership shall cease, on the date specified in its notice but 
in no event less than six (6) months after such notice is 
received by the Bank. However, at any time before the 
withdrawal becomes finally effective, the member may notify the 
Bank in writing of the cancellation of its notice of intention 
to withdraw.

                               Article 38

                        suspension of membership

    1. If a member fails to fulfill any of its obligations to 
the Bank, the Bank may suspend its membership by decision of a 
majority of not less than two-thirds of the Governors, 
representing not less than two-thirds of the total voting power 
of the members. The member so suspended shall automatically 
cease to be a member one year from the date of its suspension 
unless a decision is taken by not less than the same majority 
to restore the member to good standing.
    2. While under suspension, a member shall not be entitled 
to exercise any rights under this Agreement, except the right 
of withdrawal, but shall remain subject to all its obligations.

                               Article 39

               settlement of accounts with former members

    1. After the date on which a member ceases to be a member, 
such former member shall remain liable for its direct 
obligations to the Bank and for its contingent liabilities to 
the Bank so long as any part of the loans, equity investments 
or guarantees contracted before it ceased to be a member are 
outstanding; but it shall cease to incur such liabilities with 
respect to loans, equity investments and guarantees entered 
into thereafter by the Bank and to share either in the income 
or the expenses of the Bank.
    2. At the time a member ceases to be a member, the Bank 
shall arrange for the repurchase of such former member's shares 
as a part of the settlement of accounts with such former member 
in accordance with the provisions of this Article. For this 
purpose, the repurchase price of the shares shall be the value 
shown by the books of the Bank on the date of cessation of 
membership, with the original purchase price of each share 
being its maximum value.
    3. The payment for shares repurchased by the Bank under 
this Article shall be governed by the following conditions:
          (i) any amount due to the former member for its 
        shares shall be withheld so long as the former member, 
        its central bank or any of its agencies or 
        instrumentalities remains liable, as borrower or 
        guarantor, to the Bank and such amount may, at the 
        option of the Bank, be applied on any such liability as 
        it matures. No amount shall be withheld on account of 
        the liability of the former member resulting from its 
        subscription for shares in accordance with paragraphs 
        4, 5 and 7 of Article 6 of this Agreement. In any 
        event, no amount due to a member for its shares shall 
        be paid until six (6) months after the date upon which 
        the member ceases to be a member;
          (ii) payments for shares may be made from time to 
        time, upon their surrender by the former member, to the 
        extent by which the amount due as the repurchase price 
        in accordance with paragraph 2 of this Article exceeds 
        the aggregate amount of liabilities on loans, equity 
        investments and guarantees in subparagraph (i) of this 
        paragraph until the former member has received the full 
        repurchase price;
          (iii) payments shall be made on such conditions and 
        in such fully convertible currencies, or ECU, and on 
        such dates, as the Bank determines; and
          (iv) if losses are sustained by the Bank on any 
        guarantees, participations in loans, or loans which 
        were outstanding on the date when the member ceased to 
        be a member, or if a net loss is sustained by the Bank 
        on equity investment held by it on such date, and the 
        amount of such losses on the date when the member 
        ceased to be a member, such former member shall repay, 
        upon demand, the amount by which the repurchase price 
        of its shares would have been reduced if the losses had 
        been taken into account when the repurchase price was 
        determined. In addition, the former member shall remain 
        liable on any call for unpaid subscriptions under 
        paragraph 4 of Article 6 of this Agreement, to the 
        extent that it would have been required to respond if 
        the impairment of capital had occurred and the call had 
        been made at the time the repurchase price of its 
        shares was determined.
    4. If the Bank terminates its operations pursuant to 
Article 41 of this Agreement within six (6) months of the date 
upon which any member ceases to be a member, all rights of such 
former members shall be determined in accordance with the 
provisions of Articles 41 to 43 of this Agreement.

                               Article 40

                   temporary suspension of operations

    In an emergency, the Board of Directors may suspend 
temporarily operations in respect of new loans, guarantees, 
underwriting, technical assistance and equity investments 
pending an opportunity for further consideration and action by 
the Board of Governors.

                               Article 41

                       termination of operations

    The Bank may terminate its operations by the affirmative 
vote of not less than two-thirds of the Governors, representing 
not less than three-fourths of the total voting power of the 
members. Upon such termination of operations the Bank shall 
forthwith cease all activities, except those incident to the 
orderly realization, conservation and preservation of its 
assets and settlement of its obligations.

                               Article 42

               liability of members and payment of claims

    1. In the event of termination of the operations of the 
Bank, the liability of all members for uncalled subscriptions 
to the capital stock of the Bank shall continue until all 
claims of creditors, including all contingent claims, shall 
have been discharged.
    2. Creditors on ordinary operations holding direct claims 
shall be paid first out of the assets of the Bank, secondly out 
of the payments to be made to the Bank in respect of unpaid 
paid-in shares, and then out of payments to be made to the Bank 
in respect of callable capital stock. Before making any 
payments to creditors holding direct claims, the Board of 
Directors shall make such arrangements as are necessary, in its 
judgment, to ensure a pro rata distribution among holders of 
direct and holders of contingent claims.

                               Article 43

                         distribution of assets

    1. No distribution under this Chapter shall be made to 
members on account of their subscriptions to the capital stock 
of the Bank until:
          (i) all liabilities to creditors have been discharged 
        or provided for; and
          (ii) the Board of Governors has decided by a vote of 
        not less than two-thirds of the Governors, representing 
        not less than three-fourths of the total voting power 
        of the members, to make a distribution.
    2. Any distribution of the assets of the Bank to the 
members shall be in proportion to the capital stock held by 
each member and shall be effected at such times and under such 
conditions as the Bank shall deem fair and equitable. The 
shares of assets distributed need not be uniform as to type of 
assets. No member shall be entitled to receive its share in 
such a distribution of assets until it has settled all of its 
obligations to the Bank.
    3. Any member receiving assets distributed pursuant to this 
Article shall enjoy the same rights with respect to such assets 
as the Bank enjoyed prior to their distribution.

                              CHAPTER VIII

             STATUS, IMMUNITIES, PRIVILEGES AND EXEMPTIONS

                               Article 44

                          purposes of chapter

    To enable the Bank to fulfill its purpose and the functions 
with which it is entrusted, the status, immunities, privileges 
and exemptions set forth in this Chapter shall be accorded to 
the Bank in the territory of each member country.

                               Article 45

                           status of the bank

    The Bank shall possess full legal personality and, in 
particular, the full legal capacity:
          (i) to contract;
          (ii) to acquire, and dispose of, immovable and 
        movable property; and
          (iii) to institute legal proceedings.

                               Article 46

          position of the bank with regard to judicial process

    Actions may be brought against the Bank only in a court of 
competent jurisdiction in the territory of a country in which 
the Bank has an office, has appointed an agent for the purpose 
of accepting service or notice of process, or has issued or 
guaranteed securities. No actions shall, however, be brought by 
members or persons acting for or deriving claims from members. 
The property and assets of the Bank shall, wheresoever located 
and by whomsoever held, be immune from all forms of seizure, 
attachment or execution before the delivery of final judgment 
against the Bank.

                               Article 47

                    immunity of assets from seizure

    Property and assets of the Bank, wheresoever located and by 
whomsoever held, shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action.

                               Article 48

                          immunity of archives

    The archives of the Bank, and in general all documents 
belonging to it or held by it, shall be inviolable.

                               Article 49

                  freedom of assets from restrictions

    To the extent necessary to carry out the purpose and 
functions of the Bank and subject to the provisions of this 
Agreement, all property and assets of the Bank shall be free 
from restrictions, regulations, controls and moratoria of any 
nature.

                               Article 50

                      privilege for communications

    The official communications of the Bank shall be accorded 
by each member the same treatment that it accords to the 
official communications of any other member.

                               Article 51

                  immunities of officers and employees

    All Governors, Directors, Alternates, officers and 
employees of the Bank and experts performing missions for the 
Bank shall be immune from legal process with respect to acts 
performed by them in their official capacity, except when the 
Bank waives this immunity, and shall enjoy inviolability of all 
their official papers and documents. This immunity shall not 
apply, however, to civil liability in the case of damage 
arising from a road traffic accident caused by any such 
Governor, Director, Alternate, officer, employee or expert.

                               Article 52

                  privileges of officers and employees

    1. All Governors, Directors, Alternates, officers and 
employees of the Bank and experts of the Bank performing 
missions for the Bank:
          (i) not being local nationals, shall be accorded the 
        same immunities from immigration restrictions, alien 
        registration requirements and national service 
        obligations, and the same facilities as regards 
        exchange regulations, as are accorded by members to the 
        representatives, officials, and employees of comparable 
        rank of other members; and
          (ii) shall be granted the same treatment in respect 
        of travelling facilities as is accorded by members to 
        representatives, officials and employees of comparable 
        rank of other members.
    2. The spouses and immediate dependents of those Directors, 
Alternate Directors, officers, employees and experts of the 
Bank who are resident in the country in which the principal 
office of the Bank is located shall be accorded opportunity to 
take employment in that country. The spouses and immediate 
dependents of those Directors, Alternate Directors, officers, 
employees and experts of the Bank who are resident in a country 
in which any agency or branch office of the Bank is located 
should, wherever possible, in accordance with the national law 
of that country, be accorded similar opportunity in that 
country. The Bank shall negotiate specific agreements 
implementing the provisions of this paragraph with the country 
in which the principal office of the Bank is located and, as 
appropriate, with the other countries concerned.

                               Article 53

                        exemption from taxation

    1. Within the scope of its official activities the Bank, 
its assets, property, and income shall be exempt from all 
direct taxes.
    2. When purchases or services of substantial value and 
necessary for the exercise of the official activities of the 
Bank are made or used by the Bank and when the price of such 
purchases or services includes taxes or duties, the member that 
has levied the taxes or duties shall, if they are identifiable, 
take appropriate measures to grant exemption from such taxes or 
duties or to provide for their reimbursement.
    3. Goods imported by the Bank and necessary for the 
exercise of its official activities shall be exempt from all 
import duties and taxes, and from all import prohibitions and 
restrictions. Similarly goods exported by the Bank and 
necessary for the exercise of its official activities shall be 
exempt from all export duties and taxes, and from all export 
prohibitions and restrictions.
    4. Goods acquired or imported and exempted under this 
Article shall not be sold, hired out, lent or given away 
against payment or free of charge, except in accordance with 
conditions laid down by the members which have granted 
exemptions or reimbursements.
    5. The provisions of this Article shall not apply to taxes 
or duties which are no more than charges for public utility 
services.
    6. Directors, Alternate Directors, officers and employees 
of the Bank shall be subject to an internal effective tax for 
the benefit of the Bank on salaries and emoluments paid by the 
Bank, subject to conditions to be laid down and rules to be 
adopted by the Board of Governors within a period of one year 
from the date of entry into force of this Agreement. From the 
date on which this tax is applied, such salaries and emoluments 
shall be exempt from national income tax. The members may, 
however, take into account the salaries and emoluments thus 
exempt when assessing the amount of tax to be applied to income 
from other sources.
    7. Notwithstanding the provisions of paragraph 6 of this 
Article, a member may deposit, with its instrument of 
ratification, acceptance or approval, a declaration that such 
member retains for itself, its political subdivisions or its 
local authorities the right to tax salaries and emoluments paid 
by the Bank to citizens or nationals of such member. The Bank 
shall be exempt from any obligation for the payment, 
withholding or collection of such taxes. The Bank shall not 
make any reimbursement for such taxes.
    8. Paragraph 6 of this Article shall not apply to pensions 
and annuities paid by the Bank.
    9. No tax of any kind shall be levied on any obligation or 
security issued by the Bank, including any dividend or interest 
thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is issued by the Bank, or
          (ii) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Bank.
    10. No tax of any kind shall be levied on any obligation or 
security guaranteed by the Bank, including any dividend or 
interest thereon, by whomsoever held:
          (i) which discriminates against such obligation or 
        security solely because it is guaranteed by the Bank, 
        or
          (ii) if the sole jurisdictional basis for such 
        taxation is the location any office or place of 
        business maintained by the Bank.

                               Article 54

                       implementation of chapter

    Each member shall promptly take such action as is necessary 
for the purpose of implementing the provisions of this Chapter 
and shall inform the Bank of the detailed action which it has 
taken.

                               Article 55

            waiver of immunities, privileges and exemptions

    The immunities, privileges and exemptions conferred under 
this Chapter are granted in the interest of the Bank. The Board 
of Directors may waive to such extend and upon such conditions 
as it may determine any of the immunities, privileges and 
exemptions conferred under this Chapter in cases where such 
action would, in its opinion, be appropriate in the best 
interests of the Bank. The President shall have the right and 
the duty to waive any immunity, privilege or exemption in 
respect of any officer, employee or expert of the Bank, other 
than the President or a Vice-President, where, in his or her 
opinion, the immunity, privilege or exemption would impede the 
course of justice and can be waived without prejudice to the 
interests of the Bank. In similar circumstances and under the 
same conditions, the Board of Directors shall have the right 
and the duty to waive any immunity, privilege or exemption in 
respect of the President and each Vice-President.

                               CHAPTER IX

                AMENDMENTS, INTERPRETATION, ARBITRATION

                               Article 56

                               amendments

    1. any proposal to amend this Agreement, whether emanating 
from a member, a Governor or the Board of Directors, shall be 
communicated to the Chairman of the Board of Governors who 
shall bring the proposal before that Board. If the proposed 
amendment is approved by the Board the Bank shall, by any rapid 
means of communication, ask all members whether they accept the 
proposed amendment. When not less than three-fourths of the 
members (including at least two countries from central and 
Eastern Europe listed in Annex A), having not less than four-
fifths of the total voting power of the members, have accepted 
the proposed amendment, the Bank shall certify that fact by 
formal communication addressed to all members.
    2. Notwithstanding paragraph 1 of this Article:
          (i) acceptance by all members shall be required in 
        the case of any amendment modifying:
                  (a) the right to withdraw from the Bank;
                  (b) the rights pertaining to purchase of 
                capital stock provided for in paragraph 3 of 
                Article 5 of this Agreement;
                  (c) the limitations on liability provided for 
                in paragraph 7 of Article 5 of this Agreement; 
                and
                  (d) the purpose and functions of the Bank 
                defined by Articles 1 and 2 of this Agreement;
          (ii) acceptance by not less than three-fourths of the 
        members having not less than eighty-five (85) per cent 
        of the total voting power of the members shall be 
        required in the case of any amendment modifying 
        paragraph 4 of Article 8 of this Agreement.
    When the requirements for accepting any such proposed 
amendments have been met, the Bank shall certify that fact by 
formal communication addressed to all members.
    3. Amendments shall enter into force for all members three 
(3) months after the date of the formal communication provided 
for in paragraphs 1 and 2 of this Article unless the Board of 
Governors specifies a different period.

                               Article 57

                     interpretation and application

    1. Any question of interpretation or application of the 
provisions of this Agreement arising between any member and the 
Bank, or between any members of the Bank, shall be submitted to 
the Board of Directors for its decision. If there is no 
Director of its nationality in that Board, a member 
particularly affected by the question under consideration shall 
be entitled to direct representation in the meeting of the 
Board of Directors during such consideration. The 
representative of such member shall, however, have no vote. 
Such right of representation shall be regulated by the Board of 
Governors.
    2. In any case where the Board of Directors has given a 
decision under paragraph 1 of this Article, any member may 
require that the question be referred to the Board of 
Governors, whose decision shall be final. Pending the decision 
of the Board of Governors, the Bank may, so far as it deems it 
necessary, act on the basis of the decision of the Board of 
Directors.

                               Article 58

                              arbitration

    If a disagreement should arise between the Bank and a 
member which has ceased to be a member, or between the Bank and 
any member after adoption of a decision to terminate the 
operations of the Bank, such disagreement shall be submitted to 
arbitration by a tribunal of three (3) arbitrators, one 
appointed by the Bank, another by the member or former member 
concerned, and the third, unless the parties otherwise agree, 
by the President of the International Court of Justice or such 
other authority as may have been prescribed by regulations 
adopted by the Board of Governors. A majority vote of the 
arbitrators shall be sufficient to reach a decision which shall 
be final and binding upon the parties. The third arbitrator 
shall have full power to settle all questions of procedure in 
any case where the parties are in disagreement with respect 
thereto.

                               Article 59

                         approval deemed given

    Whenever the approval or the acceptance of any member is 
required before any act may be done by the Bank, except under 
Article 56 of this Agreement, approval or acceptance shall be 
deemed to have been given unless the member presents an 
objection within such reasonable period as the Bank may fix in 
notifying the member of the proposed act.

                               CHAPTER X

                            FINAL PROVISIONS

                               Article 60

                         signature and deposit

    1. This Agreement, deposited with the Government of the 
French Republic (hereinafter called ``the Depository''), shall 
remain open until 31 December 1990 for signature by the 
prospective members whose names are set forth in Annex A to 
this Agreement.
    2. The Depository shall communicate certified copies of 
this agreement to all the Signatories.

                               Article 61

                  ratification, acceptance or approval

    1. The Agreement shall be subject to ratification, 
acceptance or approval by the Signatories. Instruments of 
ratification, acceptance or approval shall, subject to 
paragraph 2 of this Article, be deposited with the Depository 
not later than 31 March 1991. The Depository shall duly notify 
the other Signatories of each deposit and the date thereof.
    2. Any Signatory may become a party to this Agreement by 
depositing an instrument of ratification, acceptance or 
approval until one year after the date of its entry into force 
or, if necessary, until such later date as may be decided by a 
majority of Governors, representing a majority of the total 
voting power of the members.
    3. A Signatory whose instrument referred to in paragraph 1 
of this Article is deposited before the date on which this 
Agreement enters into force shall become a member of the Bank 
on that date. Any other Signatory which complies with the 
provisions of the preceding paragraph shall become a member of 
the Bank on the date on which its instrument of ratification, 
acceptance or approval is deposited.

                               Article 62

                            entry into force

    1. This Agreement shall enter into force when instruments 
of ratification, acceptance or approval have been deposited by 
Signatories whose initial subscriptions represent not less than 
two thirds of the total subscriptions set forth in Annex A, 
including at least two countries from Central and Eastern 
Europe listed in Annex A.
    2. If this Agreement has not entered into force by 31 March 
1991, the Depository may convene a conference of interested 
prospective members to determine the future course of action 
and decide a new date by which instruments of ratification, 
acceptance or approval shall be deposited.

                               Article 63

            inaugural meeting and commencement of operations

    1. As soon as this Agreement enters into force under 
Article 62 of this Agreement, each member shall appoint a 
Governor. The Depository shall call the first meeting of the 
Board of Governors within sixty (60) days of entry into force 
of this Agreement under Article 62 or as soon as possible 
thereafter.
    2. At its first meeting, the Board of Governors:
          (i) shall elect the President;
          (ii) shall elect the Directors of the Bank in 
        accordance with Article 26 of this Agreement;
          (iii) shall make arrangements for determining the 
        date of the commencement of the Bank's operations; and
          (iv) shall make such other arrangements as appear to 
        it necessary to prepare for the commencement of the 
        Bank's operations.
    3. The Bank shall notify its members of the date of 
commencement of its operations.

    Done at Paris on 29 May 1990 in a single original, whose 
English, French, German and Russian texts are equally 
authentic, which shall be deposited in the archives of the 
Depository which shall transmit a duly certified copy to each 
of the other prospective members whose names are set forth in 
Annex A.

                                ANNEX A

 Initial subscriptions to the authorized capital stock for prospective 
     members which may become members in accordance with article 61

 
------------------------------------------------------------------------
                                                               Capital
                                                 Number of  subscription
                                                  shares     (in million
                                                                ECUs)
------------------------------------------------------------------------
A--European Communities
 
a)
 
Belgium.......................................      22,800       228.00
Denmark.......................................      12,000       120.00
France........................................      85,175       851.75
Germany, Federal Republic of..................      85,175       851.75
Greece........................................       6,500        65.00
Ireland.......................................       3,000        30.00
Italy.........................................      85,175       851.75
Luxembourg....................................       2,000        22.00
Netherlands...................................      24,800       248.00
Portugal......................................       4,200        42.00
Spain.........................................      34,000       340.00
United Kingdom................................      85,175       851.75
 
b)
 
European Economic Community...................      30,000       300.00
European Investment Bank......................      30,000       300.00
 
B--Other European Countries
 
Austria.......................................      22,800       228.00
Cyprus........................................       1,000        10.00
Finland.......................................      12,500       125.00
Iceland.......................................       1,000        10.00
Israel........................................       6,500        65.00
Liechtenstein.................................         200         2.00
Malta.........................................         100         1.00
Norway........................................      12,500       125.00
Sweden........................................      22,800       228.00
Switzerland...................................      22,800       228.00
Turkey........................................      11,500       115.00
 
C--Recipient countries
 
Bulgaria......................................       7,900        79.00
Czechoslovakia................................      12,800       128.00
German Democratic Republic....................      15,500       155.00
Hungary.......................................       7,900        79.00
Poland........................................      12,800       128.00
Romania.......................................       4,800        48.00
Union of Soviet Socialist Republics...........      60,000       600.00
Yugoslavia....................................      12,800       128.00
 
D--Non-European Countries
 
Australia.....................................      10,000       100.00
Canada........................................      34,000       340.00
Egypt.........................................       1,000        10.00
Japan.........................................      85,175       851.75
Korea, Republic of............................       6,500        65.00
Mexico........................................       3,000        30.00
Morocco.......................................       1,000        10.00
New Zealand...................................       1,000        10.00
United States of America......................     100,000     1,000.00
 
E--Non-allocated shares                                125         1.25
                                               -------------------------
    TOTAL.....................................   1,000,000    10,000.00
------------------------------------------------------------------------
(*) Prospective members are listed under the above categories only for
  the purpose of this Agreement. Recipient countries are referred to
  elsewhere in this Agreement as Central and Eastern European countries.

                                ANNEX B

  Section A--Election of Directors by Governors Representing Belgium, 
  Denmark, France, the Federal Republic of Germany, Greece, Ireland, 
    Italy, Luxembourg, the Netherlands, Portugal, Spain, the United 
 Kingdom, the European Economic Community and the European Investment 
         Bank (hereinafter referred to as Section A Governors).

    1. The provisions set out below in this Section shall apply 
exclusively to this Section.
    2. Candidates for the office of Director shall be nominated 
by Section A Governors, provided that a Governor may nominate 
only one person. The election of Directors shall be by ballot 
of Section A Governors.
    3. Each Governor eligible to vote shall cast for one person 
all of the votes to which the member appointing him or her is 
entitled under paragraphs 1 and 2 of Article 29 of this 
Agreement.
    4. Subject to paragraph 10 of this Section the 11 persons 
receiving the highest number of votes shall be Directors, 
except that no person who receives less than 4.5 per cent of 
the total of the votes which can be cast (eligible votes) in 
Section A shall be considered elected.
    5. Subject to paragraph 10 of this Section, if 11 persons 
are not elected on the first ballot, a second ballot shall be 
held in which, unless there were no more than 11 candidates, 
the person who received the lowest number of votes in the first 
ballot shall be ineligible for election and in which there 
shall note only:
          (a) those Governors who voted in the first ballot for 
        a person not elected and
          (b) those Governors whose votes for a person elected 
        are deemed under paragraphs 6 and 7 below of this 
        Section to have raised the votes cast for that person 
        above 5.5 per cent of the eligible votes.
    6. In determining whether the votes cast by a Governor are 
deemed to have raised the total votes cast for any person above 
5.5 per cent of the eligible votes, the 5.5 per cent shall be 
deemed to include, first, the votes of the Governor casting the 
largest number of votes for such person, then the votes of the 
Governor casting the next largest number and so on, until 5.5 
per cent is reached.
    7. Any Governor, part of whose votes must be counted in 
order to raise the total of votes cast for any person above 4.5 
per cent shall be considered as casting all of his or her votes 
for such person, even if the total votes for such person 
thereby exceed 5.5 per cent and shall not be eligible to vote 
in a further ballot.
    8. Subject to paragraph 10 of this Section, if, after the 
second ballot, 11 persons have not been elected, further 
ballots shall be held in conformity with the principles and 
procedures laid down in this Section, until 11 persons have 
been elected, provided that, if at any stage 10 persons are 
elected, notwithstanding the provisions of paragraph 4 of this 
Section, the 11th may be elected by a simple majority of the 
remaining votes cast.
    9. In the case of an increase or decrease in the number of 
Directors to be elected by Section A Governors, the minimum and 
maximum percentages specified in paragraphs 4, 5, 6 and 7 of 
this Section shall be appropriately adjusted by the Board of 
Governors.
    10. So long as any Signatory, or group of Signatories, 
whose share of the total amount of capital subscriptions 
provided in Annex A is more than 2.4 per cent, has not 
deposited its instrument or their instruments of ratification, 
approval or acceptance, there shall be no election for one 
Director in respect of each such Signatory or group of 
Signatories. The Governor or Governors representing such a 
Signatory or group of Signatories shall elect a Director in 
respect of each Signatory or group of Signatories, immediately 
after the Signatory becomes a member or the group of 
Signatories become members. Such Director shall be deemed to 
have been elected by the Board of Governors at its inaugural 
meeting, in accordance with paragraph 3 of Article 26 of this 
Agreement, if he or she is elected during the period in which 
the first Board of Directors shall hold office.

   Section B--Election of Directors By Governors Representing Other 
                               Countries.

 Section B (i)--Election of Directors by Governors representing those 
 countries listed in Annex A as Central and Eastern European Countries 
    (recipient countries) (hereinafter referred to as Section B (i) 
                              Governors).

    1. The provisions set out below in this Section shall apply 
exclusively to this Section.
    2. Candidates for the office of Director shall be nominated 
by Section B (i) Governors, provided that a Governor may 
nominate only person. The election of Directors shall be by 
ballot of Section B (i) Governors.
    3. Each Governor eligible to vote shall cast for one person 
all of the votes to which the member appointing him or her is 
entitled under paragraphs 1 and 2 of Article 29 of this 
Agreement.
    4. Subject to paragraph 10 of this Section, the 4 persons 
receiving the highest number of votes shall be Directors, 
except that no person who receives less than 12 per cent of the 
total of the votes which can be cast (eligible votes) in 
Section B (i) shall be considered elected.
    5. Subject to paragraph 10 of this Section, if 4 persons 
are not elected on the first ballot, a second ballot shall be 
held in which, unless there were no more than 4 candidates, the 
person who received the lowest number of votes in the first 
ballot shall be ineligible for election and in which there 
shall vote only:
          (a) those Governors who voted in the first ballot for 
        a person not elected and
          (b) those Governors whose votes for a person elected 
        are deemed under paragraphs 6 and 7 below of this 
        Section to have raised the votes cast for that person 
        above 13 per cent of the eligible votes.
    6. In determining whether the vote cast by a Governor are 
deemed to have raised the total votes cast for any person above 
13 per cent of the eligible votes, the 13 per cent shall be 
deemed to include, first, the votes of the Governor casting the 
largest number of votes for such person, then the votes of the 
Governor casting the next largest number and so on, until 13 
per cent is reached.
    7. Any Governor, part of whose votes must be counted in 
order to raise the total of votes cast for any person above 12 
per cent shall be considered as casting all of his or her votes 
for such person, even if the total votes for such person 
thereby exceed 13 per cent and shall not be eligible to vote in 
a further ballot.
    8. Subject to paragraph 10 of this Section, if, after the 
second ballot, 4 persons have not been elected, further ballots 
shall be held in conformity with the principles and procedures 
laid down in this Section, until 4 persons have been elected, 
provided that, if at any stage 3 persons are elected, 
notwithstanding the provisions of paragraph 4 of this Section, 
the 4th may be elected by a simple majority of the remaining 
votes cast.
    9. In the case of an increase or decrease in the number of 
Directors to be elected by Section B (i) Governors, the minimum 
and maximum percentages specified in paragraphs 4, 5, 6 and 7 
of this Section shall be appropriately adjusted by the Board of 
Governors.
    10. So long as any Signatory, or group of Signatories, 
whose share of the total amount of capital subscriptions 
provided in Annex A is more than 2.8 per cent, has not 
deposited its instrument or their instruments of ratification, 
approval or acceptance, there shall be no election for one 
Director in respect of each such Signatory or group of 
Signatories. The Governor or Governors representing such a 
Signatory group or Signatories shall elect a Director in 
respect of each Signatory or group of Signatories, immediately 
after the Signatory becomes a member or the group of 
Signatories become members. Such Director shall be deemed to 
have been elected by the Board of Governors at its inaugural 
meeting, in accordance with paragraph 3 of Article 26 of this 
Agreement, if he or she is elected during the period in which 
the first Board of Directors shall hold office.

 Section B (ii)--Election of Directors by Governors representing those 
 countries listed in Annex A as other European countries (hereinafter 
               referred to as Section B (ii) Governors).

    1. The provisions set out below in this Section shall apply 
exclusively to this Section.
    2. Candidates for the office of Director shall be nominated 
by Section A Governors, provided that a Governor may nominate 
only one person. The election of Directors shall be by ballot 
of Section A Governors.
    3. Each Governor eligible to vote shall cast for one person 
all of the votes to which the member appointing him or her is 
entitled under paragraphs 1 and 2 of Article 29 of this 
Agreement.
    4. Subject to paragraph 10 of this Section the 11 persons 
receiving the highest number of votes shall be Directors, 
except that no person who receives less than 4.5 per cent of 
the total of the votes which can be cast (eligible votes) in 
Section A shall be considered elected.
    5. Subject to paragraph 10 of this Section, if 11 persons 
are not elected on the first ballot, a second ballot shall be 
held in which, unless there were no more than 11 candidates, 
the person who received the lowest number of votes in the first 
ballot shall be ineligible for election and in which there 
shall note only:
          (a) those Governors who voted in the first ballot for 
        a person not elected and
          (b) those Governors whose votes for a person elected 
        are deemed under paragraphs 6 and 7 below of this 
        Section to have raised the votes cast for that person 
        above 5.5 per cent of the eligible votes.
    6. In determining whether the votes cast by a Governor are 
deemed to have raised the total votes cast for any person above 
5.5 per cent of the eligible votes, the 5.5 per cent shall be 
deemed to include, first, the votes of the Governor casting the 
largest number of votes for such person, then the votes of the 
Governor casting the next largest number and so on, until 5.5 
per cent is reached.
    7. Any Governor, part of whose votes must be counted in 
order to raise the total of votes cast for any person above 4.5 
per cent shall be considered as casting all of his or her votes 
for such person, even if the total votes for such person 
thereby exceed 5.5 per cent and shall not be eligible to vote 
in a further ballot.
    8. Subject to paragraph 10 of this Section, if, after the 
second ballot, 11 persons have not been elected, further 
ballots shall be held in conformity with the principles and 
procedures laid down in this Section, until 11 persons have 
been elected, provided that, if at any stage 10 persons are 
elected, notwithstanding the provisions of paragraph 4 of this 
Section, the 11th may be elected by a simple majority of the 
remaining votes cast.
    9. In the case of an increase or decrease in the number of 
Directors to be elected by Section A Governors, the minimum and 
maximum percentages specified in paragraphs 4, 5, 6 and 7 of 
this Section shall be appropriately adjusted by the Board of 
Governors.
    10. So long as any Signatory, or group of Signatories, 
whose share of the total amount of capital subscriptions 
provided in Annex A is more than 2.4 per cent, has not 
deposited its instrument or their instruments of ratification, 
approval or acceptance, there shall be no election for one 
Director in respect of each such Signatory or group of 
Signatories. The Governor or Governors representing such a 
Signatory or group of Signatories shall elect a Director in 
respect of each Signatory or group of Signatories, immediately 
after the Signatory becomes a member or the group of 
Signatories become members. Such Director shall be deemed to 
have been elected by the Board of Governors at its inaugural 
meeting, in accordance with paragraph 3 of Article 26 of this 
Agreement, if he or she is elected during the period in which 
the first Board of Directors shall hold office.

Section B (iii)--Election of Directors by Governors representing those 
  countries listed in Annex A as Non-European countries (hereinafter 
               referred to as Section B (iii) Governors).

    1. The provisions set out below in this Section shall apply 
exclusively to this Section.
    2. Candidates for the office of Director shall be nominated 
by Section B (iii) Governors, provided that a Governor may 
nominate only person. The election of Directors shall be by 
ballot of Section B (iii) Governors.
    3. Each Governor eligible to vote shall cast for one person 
all of the votes to which the member appointing him or her is 
entitled under paragraphs 1 and 2 of Article 29 of this 
Agreement.
    4. Subject to paragraph 10 of this Section, the 4 persons 
receiving the highest number of votes shall be Directors, 
except that no person who receives less than 8 per cent of the 
votes which can be cast (eligible votes) in Section B (iii) 
shall be considered elected.
    5. Subject to paragraph 10 of this Section, if 4 persons 
are not elected on the first ballot, a second ballot shall be 
held in which, unless there were no more than 4 candidates, the 
person who received the lowest number of votes in the first 
ballot shall be ineligible for election and in which there 
shall vote only:
          (a) those Governors who voted in the first ballot for 
        a person not elected and
          (b) those Governors whose votes for a person elected 
        are deemed under paragraphs 6 and 7 below of this 
        Section to have raised the votes cast for that person 
        above 9 per cent of the eligible votes.
    6. In determining whether the vote cast by a Governor are 
deemed to have raised the total votes cast for any person above 
9 per cent of the eligible votes, the 9 per cent shall be 
deemed to include, first, the votes of the Governor casting the 
largest number of votes for such person, then the votes of the 
Governor casting the next largest number and so on, until 9 per 
cent is reached.
    7. Any Governor, part of whose votes must be counted in 
order to raise the total of votes cast for any person above 8 
per cent shall be considered as casting all of his or her votes 
for such person, even if the total votes for such person 
thereby exceed 9 per cent and shall not be eligible to vote in 
a further ballot.
    8. Subject to paragraph 10 of this Section, if, after the 
second ballot, 4 persons have not been elected, further ballots 
shall be held in conformity with the principles and procedures 
laid down in this Section, until 4 persons have been elected, 
provided that, if at any stage 3 persons are elected, 
notwithstanding the provisions of paragraph 4 of this Section, 
the 4th may be elected by a simple majority of the remaining 
votes cast.
    9. In the case of an increase or decrease in the number of 
Directors to be elected by Section B (iii) Governors, the 
minimum and maximum percentages specified in paragraphs 4, 5, 6 
and 7 of this Section shall be appropriately adjusted by the 
Board of Governors.
    10. So long as any Signatory, or group of Signatories, 
whose share of the total amount of capital subscriptions 
provided in Annex A is more than 5 per cent, has not deposited 
its instrument or their instruments of ratification, approval 
or acceptance, there shall be no election for one Director in 
respect of each such Signatory or group of Signatories. The 
Governor or Governors representing such a Signatory group or 
Signatories shall elect a Director in respect of each Signatory 
or group of Signatories, immediately after the Signatory 
becomes a member or the group of Signatories become members. 
Such Director shall be deemed to have been elected by the Board 
of Governors at its inaugural meeting, in accordance with 
paragraph 3 of Article 26 of this Agreement, if he or she is 
elected during the period in which the first Board of Directors 
shall hold office.

  Section C--Arrangements for the Election of Directors Representing 
                    Countries Not Listed in Annex A.

    If the Board of Governors decides, in accordance with 
paragraph 3 of Article 26 of this Agreement, to increase or 
decrease the size, or revise the composition, of the Board of 
Directors, in order to take into account changes in the number 
of members of the Bank, the Board of Governors shall first 
consider whether any amendments are required to this Annex, and 
may make any such amendments as its deems necessary as part of 
such decision.

                    Section D--Assignment of Votes.

    Any Governors who does not participate in voting for the 
election or whose vote does not contribute to the election of a 
Director under Section A or Section B (i) or Section B (ii) or 
Section B (iii) of this Annex may assign the votes to which he 
or she is entitled to an elected Director, provided that such 
Governor shall first have obtained the agreement of all those 
Governors who have elected that Director to such assignment.
    A decision by any Governor not to participate in voting for 
the election of a Director shall not affect the calculation of 
the eligible votes to be made under Section A, Section B (i), 
Section B (ii) or Section B (iii) of this Annex.

             Letter from the Head of the Soviet Delegation

To the Chairman of the Conference on the Establishment of the European 
    Bank for Reconstruction and Development
    Mr. Chairman,

    As you know, the initiative of the President of France M. 
F. Mitterand to establish the European Bank for Reconstruction 
and Development for the purpose of facilitating the transition 
of Central and Eastern European countries towards market-
oriented economies has found understanding and support on 
behalf of the Soviet authorities. The Soviet delegation 
participated in the sessions of talks on drafting the 
constituent documents of the Bank. As a result the constituent 
countries have reached considerable progress in drawing up the 
Agreement establishing the European Bank for Reconstruction and 
Development.
    At the same time, certain difficulties largely stem from 
fears of a number of countries that due to the size of its 
economy the Soviet Union may become the principal recipient of 
credits of the Bank and therefore will narrow its capacity to 
extend aid to other Central and Eastern European Countries.
    In this connexion I would like to assure you, dear Mr. 
Chairman, that the intentions of the Soviet Union to become an 
equal member of the Bank account primarily for its will to 
establish a new institution of multilateral co-operation so as 
to foster historical reforms on the European continent.
    I would like to inform you that my government is prepared 
to limit its access to the Bank's resources, pursuant to 
paragraph 4 of Article 8 of the Articles of Agreement of the 
Bank, for a period of three years starting from the entry into 
force of the Articles of Agreement of the Bank.
    During that period, the Soviet Union wishes that the Bank 
will provide technical assistance and other types of assistance 
directed to finance its private sector, to facilitate the 
transition of state owned enterprises to private sector 
ownership and control and to help enterprises operating 
competitively and moving to participation in the market-
oriented economy, subject to the proportion set forth in 
paragraph 3 of Article 11 of this Agreement. The total amount 
of any assistance thus provided by the Bank would not exceed 
the total amount of the cash disbursed and the promissory notes 
issued by the Soviet Union for its shares.
    I am confident, that continuing economic reforms in the 
Soviet Union will inevitably promote the expansion of the 
Bank's activities into the territory of the Soviet Union. 
However, the USSR, being interested in securing the 
multilateral character of the Bank, will not choose that at any 
time in future the Soviet borrowings will exceed an amount 
consistent with maintaining the necessary diversity in the 
bank's operations and prudent limits on its exposure.
    Please accept, Mr. Chairman, the assurances of my highest 
consideration.
                          Head of Soviet Delegation
        Chairman of the Board of the State Bank of the USSR
                                             Victor V. GERASHCHENKO
 13. Agreement Between the United States and the United Mexican States 
   Concerning the Establishment of a Border Environment Cooperation 
     Commission and a North American Development Bank (Amended) \1\

Agreement signed at Washington, November 16 and 18, 1993; Entered into 
                         force, January 1, 1994

    The Government of the United States of America and the 
Government of the United Mexican States (``the Parties''):
---------------------------------------------------------------------------
    \1\ TIAS 12516. The Agreement, also known as the ``Charter'', was 
amended on August 6, 2004. For a list of states that are parties to 
this convention, see Department of State publication, Treaties in 
Force.

    Convinced of the importance of the conservation, protection 
and enhancement of their environments and the essential role of 
cooperation in these areas in achieving sustainable development 
---------------------------------------------------------------------------
for the well-being of present and future generations;

    Recognizing the bilateral nature of many transboundary 
environmental issues, and that such issues can be most 
effectively addressed jointly;

    Acknowledging that the border region of the United States 
and Mexico is experiencing environmental problems that must be 
addressed in order to promote sustainable development;

    Recognizing the need for environmental infrastructure in 
the border region, especially in the areas of water pollution, 
wastewater treatment, municipal solid waste, and related 
matters;

    Affirming that, to the extent practicable, environmental 
infrastructure projects should be financed by the private 
sector, but that the urgency of the environmental problems in 
the border region requires that the Parties be prepared to 
assist in supporting these projects;

    Affirming that, to the extent practicable, environmental 
infrastructure projects in the border region should be operated 
and maintained through user fees paid by polluters and those 
who benefit from the projects, and should be subject to local 
or private control;

    Noting that the International Boundary and Water 
Commission, established pursuant to the Treaty between the 
United States and Mexico Relating to Utilization of Waters of 
the Colorado and Tijuana Rivers and of the Rio Grande, signed 
at Washington February 3, 1944, plays an important role in 
efforts to preserve the health and vitality of the river waters 
of the border region;

    Recognizing that there is a need to establish a new 
organization to strengthen cooperation among interested parties 
and to facilitate the financing, construction, operation and 
maintenance of environmental infrastructure projects in the 
border region;

    Affirming the desirability of encouraging increased 
investment in the environmental infrastructure in the border 
region, whether or not such investment is made under the 
auspices of this Agreement;

    Convinced of the need to collaborate with states and 
localities, nongovernmental organizations, and other members of 
the public in the effort to address environmental problems in 
the border region;

    Seeking to assist community adjustment and investment in 
the United States and Mexico;

    Reaffirming the importance of the environmental goals and 
objectives embodied in the Agreement on Cooperation for the 
Protection and Improvement of the Environment in the Border 
Area, signed at La Paz, Baja California Sur, August 14, 1983; 
and

    Wishing to follow upon the goals and objectives of the 
North American Free Trade Agreement, signed at Washington, 
Ottawa, and Mexico December 8, 11, 14, and 17, 1992, and the 
North American Agreement on Environmental Cooperation, signed 
at Mexico, Washington, and Ottawa September 8, 9, 12, and 14, 
1993;

    Have agreed as follows:

 CHAPTER I--INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

               Section 1--Establishment and Organization

                               article 1

                          INTRODUCTORY ARTICLE

    The Parties agree to establish the Border Environment 
Cooperation Commission and the North American Development Bank, 
which shall operate in accordance with the following 
provisions:

          CHAPTER I--BORDER ENVIRONMENT COOPERATION COMMISSION

                    Article I--Purpose and Functions

                           Section 1. Purpose

    (a) The purpose of the Commission shall be to help 
preserve, protect and enhance the environment of the border 
region in order to advance the well-being of the people of the 
United States and Mexico.
    (b) In carrying out this purpose, the Commission shall 
cooperate as appropriate with the North American Development 
Bank and other national and international institutions, and 
with private sources supplying investment capital for 
environmental infrastructure projects in the border region.

                          Section 2. Functions

    (a) In carrying out this purpose, the Commission may do any 
or all of the following:
          (1) with their concurrence, assist states and 
        localities and other public entities and private 
        investors in:
                  (A) coordinating environmental infrastructure 
                projects in the border region;
                  (B) preparing, developing, implementing, and 
                overseeing environmental infrastructure 
                projects in the border region, including the 
                design, siting and other technical aspects of 
                such projects;
                  (C) analyzing the financial feasibility or 
                the environmental aspects, or both, of 
                environmental infrastructure projects in the 
                border region;
                  (D) evaluating social and economic benefits 
                of environmental infrastructure projects in the 
                border region; and
                  (E) organizing, developing and arranging 
                public and private financing for environmental 
                infrastructure projects in the border region;
          (2) certify, by a decision of the Board of Directors 
        in accordance with Article II, Section 3 of this 
        Chapter, environmental infrastructure projects in the 
        border region to be submitted for financing to the 
        North American Development Bank, or to other sources of 
        financing that request such certification.
    (b) The Commission may carry out the functions in this 
section with respect to an environmental infrastructure project 
outside the border region upon a decision by the Board of 
Directors that the project would remedy a transboundary 
environmental or health problem.

                         Article II--Operations

                      Section 1. Use of Resources

    The resources and facilities of the Commission shall be 
used exclusively to implement the purpose and functions 
enumerated in Article I of this Chapter.

                   Section 2. Requests for Assistance

    (a) The Commission may seek and accept requests from states 
and localities, other public entities and private investors for 
assistance in carrying out the activities enumerated in Article 
I of this Chapter.
    (b) Upon receipt of a request for assistance pursuant to 
paragraph (a) of this Section, the Commission may provide any 
and all such assistance as it deems appropriate. In providing 
such assistance, the Commission shall give preference to 
environmental infrastructure projects relating to water 
pollution, wastewater treatment, water conservation, municipal 
solid waste, and related matters.
    (c) In providing such assistance, the Commission shall 
consult, as appropriate, with the North American Development 
Bank.

               Section 3. Applications for Certification

    (a) The Commission may accept applications from states and 
localities, other public entities and private investors for 
certification of environmental infrastructure projects in the 
border region with respect to which an applicant will be 
seeking financial assistance from the North American 
Development Bank or other sources of financing requesting such 
certification.
    (b) The Board of Directors may certify for such financing 
any project that meets or agrees to meet the technical, 
environmental, financial or other criteria applied, either 
generally or specifically, by the Commission to that project. 
To be eligible for certification, a project shall observe or be 
capable of observing the environmental and other laws of the 
place where it is to be located or executed.
    (c) For each project located in the border region and 
having significant environmental effects,
          (1) an environmental assessment shall be presented as 
        part of the application process, and the Board of 
        Directors shall examine potential environmental 
        benefits, environmental risks, and costs, as well as 
        available alternatives and the environmental standards 
        and objectives of the affected area; and
          (2) the Board of Directors, in consultation with 
        affected states and localities, shall determine that 
        the project meets the necessary conditions to achieve a 
        high level of environmental protection for the affected 
        area.
    (d) In making certifications pursuant to this Section, the 
Board of Directors shall give preference to environmental 
infrastructure projects relating to water pollution, wastewater 
treatment, water conservation, municipal solid waste, and 
related matters.

                Section 4. Relationship with the Public

    The Commission shall establish procedures in English and 
Spanish:
          (a) ensuring, to the extent possible, public 
        availability of documentary information on all projects 
        for which a request for assistance or an application 
        for certification is made;
          (b) for giving written notice of and providing 
        members of the public reasonable opportunity to comment 
        on any general guidelines which may be established by 
        the Commission for environmental infrastructure 
        projects for which it provides assistance, and on all 
        applications for certification received by the 
        Commission; and
          (c) whereby the Board of Directors could receive 
        complaints from groups affected by projects that the 
        Commission has assisted or certified and could obtain 
        independent assessments as to whether the terms of this 
        Chapter or the procedures established by the Board of 
        Directors pursuant to this Chapter have been observed.

               Section 5. Reimbursement, Fees and Charges

    (a) The Commission may arrange for reimbursement of the 
costs of furnishing assistance on terms which the Commission 
deems appropriate.
    (b) The Commission may establish reasonable fees or other 
charges for its assistance, including the processing of 
applications for certification.

                Article III--Organization and Management

                     Section 1. Location of Offices

    The Commission shall have its offices in the border region.

                 Section 2. Structure of the Commission

    The Commission shall have a Board of Directors as specified 
in Chapter III, a General Manager, a Deputy General Manager, 
and such other officers and staff to perform such duties as the 
Commission may determine.

                       Section 3. General Manager

    (a) The Board of Directors shall appoint a General Manager 
and a Deputy General Manager. The General Manager, under the 
direction of the Board of Directors, shall conduct the business 
of the Commission and shall be chief of its staff. The General 
Manager or his or her designee shall be the legal 
representative of the Commission. The General Manager and the 
Deputy General Manager each ordinarily shall serve a 
nonrenewable term of five years. The Board of Directors may 
remove the General Manager or the Deputy General Manager at any 
time. The offices of General Manager and Deputy General Manager 
shall alternate between nationals of the Parties. The General 
Manager and the Deputy General Manager shall be nationals of 
different Parties at all times.
    (b) The General Manager shall exercise all the powers 
delegated to him or her by the Board of Directors. The General 
Manager may participate in meetings of the Board of Directors, 
but shall not vote at such meetings. Subject to the general 
control of the Board of Directors, the General Manager shall be 
responsible for the organization, appointment and dismissal of 
the officers and staff of the Commission.
    (c) The General Manager, officers and staff of the 
Commission, in the discharge of their offices, shall owe their 
duty entirely to the Commission and to no other authority. The 
Parties shall respect the international character of this duty 
and shall refrain from all attempts to influence any of them in 
the discharge of their duties.
    (d) In appointing the officers and staff, the General 
Manager shall, subject to the paramount importance of securing 
the highest standards of efficiency and technical competence, 
seek to achieve at each level a balanced proportion of 
nationals of each Party.
    (e) The General Manager shall submit to the Board of 
Directors for its approval an annual program and budget for the 
Commission.

    Section 4. Relationship to the International Boundary and Water 
                               Commission

    (a) The Commission may enter into arrangements with the 
International Boundary and Water Commission (``IBWC'') 
regarding facilities, personnel and services and arrangements 
for reimbursement of administrative and other expenses paid by 
one organization on behalf of the other.
    (b) Nothing in this Chapter shall make the Commission 
liable for the acts or obligations of the IBWC, or the IBWC 
liable for the acts or obligations of the Commission.
    (c) The Parties shall call upon the Commission and the IBWC 
to cooperate, as appropriate, with each other in planning, 
developing and carrying out border sanitation and other 
environmental activities.

                           Section 5. Funding

    Each Party shall contribute an equal share of the budget of 
the Commission, subject to the availability of appropriated 
funds and in accordance with its domestic legal requirements. 
The Commission shall establish an account or accounts to 
receive such contributions from the Parties.

                  Section 6. Channel of Communication

    Each Party shall designate an appropriate authority with 
which the Commission may communicate in connection with any 
matter arising under this Chapter.

                       Section 7. Annual Reports

    (a) The Commission shall submit to the Parties an annual 
report in English and Spanish on its operations. The report 
shall be prepared by the General Manager and shall be approved 
by the Board of Directors. The annual report shall include an 
audited statement of the Commission's accounts.
    (b) Copies of the annual report prepared under this section 
shall be made available to the public.

                  Section 8. Limitations on Disclosure

    (a) Notwithstanding any other provision of this Chapter, 
the Commission, including its officers and staff, shall not 
make public information with respect to which a Party has 
notified the Commission that public disclosure would impede its 
law enforcement.
    (b) The Commission shall establish regulations to protect 
from disclosure business or proprietary information and 
information the disclosure of which would violate personal 
privacy or the confidentiality of government decision-making.
    (c) A party that requests assistance or submits an 
application to the Commission may request that information 
contained therein be designated confidential by the Commission, 
and may request an advance determination from the Commission as 
to whether such information is entitled to confidentiality 
pursuant to subsection (b) above. If the Commission determines 
that such information is not entitled to confidentiality 
pursuant to subsection (b) above, the party may withdraw its 
request or application prior to further action by the 
Commission. Upon such withdrawal, the Commission shall not keep 
any copy of the information and shall not make public that it 
received such a request or application.

             Article IV--Status, Immunities and Privileges

                      Section 1. Scope of Article

    To enable the Commission to fulfill its purpose and the 
functions with which it is entrusted, the status, immunities 
and privileges set forth in this Article shall be accorded to 
the Commission in the territories of each Party.

                        Section 2. Legal Status

    (a) The Commission shall possess juridical personality and, 
in particular, full capacity:
          (i) to contract;
          (ii) to acquire and dispose of immovable and movable 
        property; and
          (iii) to institute legal proceedings.
    (b) The Commission may exercise such other powers as shall 
be necessary in furtherance of its purpose and functions, 
consistent with the provisions of this Chapter.

                    Section 3. Judicial Proceedings

    The Commission, its property and its assets, wherever 
located, and by whomsoever held, shall enjoy the same immunity 
from suit and every form of judicial process as is enjoyed by 
foreign governments, except to the extent that the Commission 
may expressly waive its immunity for the purposes of any 
proceedings or by the terms of any contract.

                     Section 4. Immunity of Assets

    Property and assets of the Commission, wheresoever located 
and by whomsoever held, shall be considered public 
international property and shall be immune from search, 
requisition, confiscation, expropriation or any other form of 
taking or foreclosure by executive or legislative action.

                  Section 5. Inviolability of Archives

    The archives of the Commission shall be inviolable.

             Section 6. Freedom of Assets from Restrictions

    To the extent necessary to carry out the purpose and 
functions of the Commission and to conduct its operations in 
accordance with this Chapter, all property and other assets of 
the Commission shall be free from restrictions, regulations, 
controls and moratoria of any nature, except as may otherwise 
be provided in this Chapter.

                Section 7. Privilege for Communications

    The official communications of the Commission shall be 
accorded by each Party the same treatment that it accords to 
the official communications of the other Party.

             Section 8. Personal Immunities and Privileges

    The directors, General Manager, Deputy General Manager, 
officers and staff of the Commission shall have the following 
privileges and immunities:
          (a) immunity from legal process with respect to acts 
        performed by them in their official capacity except 
        when the Commission expressly waives this immunity;
          (b) when not local nationals, the same immunities 
        from immigration restrictions, alien registration 
        requirements and national service obligations and the 
        same facilities as regards exchange provisions as are 
        accorded by each Party to the representatives, 
        officials, and employees of comparable rank of the 
        other Party; and
          (c) the same privileges in respect of traveling 
        facilities as are accorded by each Party to 
        representatives, officials, and employees of comparable 
        rank of the other Party.

                  Section 9. Immunities from Taxation

    (a) The Commission, its property, other assets, income, and 
the operations it carries out pursuant to this Chapter shall be 
immune from all taxation and from all customs duties. The 
Commission shall also be immune from any obligation relating to 
the payment, withholding or collection of any tax or customs 
duty.
    (b) No tax shall be levied on or in respect of salaries and 
emoluments paid by the Commission to officers or staff of the 
Commission who are not local nationals of the country where the 
Commission has its principal office.

                       Section 10. Implementation

    Each Party, in accordance with its juridical system, shall 
take such action as is necessary to make effective in its own 
territories the principles set forth in this Article, and shall 
inform the Commission of the action which it has taken on the 
matter.

                  Article V--Termination of Operations

    (a) The Parties, by mutual agreement, may terminate the 
operations of the Commission. A Party may withdraw from the 
Commission by delivering to the Commission at its principal 
office a written notice of its intention to do so. Such 
withdrawal shall become finally effective on the date specified 
in the notice but in no event less than six months after the 
notice is delivered to the Commission. However, at any time 
before the withdrawal becomes finally effective, the Party may 
notify the Commission in writing of the cancellation of its 
notice of intention to withdraw. The Commission shall terminate 
its operations on the effective date of any notice of 
withdrawal from the Commission.
    (b) After such termination of operations the Commission 
shall forthwith cease all activities, except those incident to 
the conservation, preservation, and realization of its assets 
and settlement of its obligations.

              CHAPTER II--NORTH AMERICAN DEVELOPMENT BANK

                   Article I--Purposes and Functions

                          Section 1. Purposes

    The purposes of the North American Development Bank shall 
be:
          (a) to provide financing for projects certified by 
        the Board of Directors in accordance with Articles I 
        and II of Chapter I, and, as the Board of Directors 
        deems appropriate, to otherwise assist the Commission 
        in fulfilling its purposes and functions;
          (b) to provide financing endorsed by the United 
        States, as appropriate, for community adjustment and 
        investment in support of the purposes of the North 
        American Free Trade Agreement; and
          (c) to provide financing endorsed by Mexico, as 
        appropriate, for community adjustment and investment in 
        support of the purpose of the North American Free Trade 
        Agreement.

                          Section 2. Functions

    To implement its purposes, the Bank shall utilize its own 
capital resources, funds raised by it in financial markets, and 
other available resources and shall fulfill the following 
functions:
          (a) to promote the investment of public and private 
        capital contributing to its purposes;
          (b) to encourage private investment in projects, 
        enterprises, and activities contributing to its 
        purposes, and to supplement private investment when 
        private capital is not available on reasonable terms 
        and conditions; and
          (c) to provide, under the direction of the Board of 
        Directors, technical and other assistance for the 
        financing and the implementation of the plans and 
        projects.
In carrying out its functions, the Bank shall cooperate as 
appropriate with national and international institutions and 
with private sources supplying investment capital.

                    Article II--Capital of the Bank

                     Section 1. Authorized Capital

    (a) The authorized capital stock of the Bank initially 
shall be in the amount of $3,000,000,000 in United States 
dollars and shall be divided into 300,000 shares having a par 
value of $10,000 each, which shall be available for 
subscription by the Parties in accordance with Section 2 of 
this Article.
    (b) The authorized capital stock shall be divided into 
paid-in shares and callable shares. $450,000,000 shall be paid-
in shares, and $2,550,000,000 shall be callable for the 
purposes specified in Section 3 (d) of this Article.
    (c) The authorized capital stock may be increased when the 
directors from the federal governments of the Parties on the 
Board of Directors by a unanimous vote deem it advisable, 
subject to the domestic legal requirements of the Parties.

                   Section 2. Subscription of Shares

    (a) Each Party shall subscribe to shares of the capital 
stock of the Bank. The number of shares to be subscribed by the 
Parties shall be those set forth in Annex A of this Agreement, 
which specifies the obligation of each Party as to both paid-in 
and callable capital.
    (b) Shares of capital stock subscribed by the Parties shall 
be issued at par, unless the Board of Directors decides in 
special circumstances to issue them on other terms.
    (c) The liability of the Parties on capital shares shall be 
limited to the unpaid portion of their issue price.
    (d) Shares of capital stock shall not be pledged or 
encumbered in any manner, and they shall be transferable only 
to the Bank.

                  Section 3. Payment of Subscriptions

    Payment of the subscriptions to the capital stock of the 
Bank as set forth in Annex A shall be made as follows:
          (a) As soon as possible after this Agreement enters 
        into force pursuant to Article I of Chapter IV, but no 
        later than thirty days thereafter, each Party shall 
        deposit with the Bank an Instrument of Subscription in 
        which it agrees to pay in either Party's currency to 
        the Bank the amount of paid-in capital set forth for it 
        in Annex A, and to accept the obligations of callable 
        shares (``Unqualified Subscription''). Payment of the 
        paid-in capital shall be due according to a schedule to 
        be established by the Board of Directors after entry 
        into force of this Agreement.
          (b) Notwithstanding the provisions of paragraph (a) 
        of this Section regarding Unqualified Subscriptions, as 
        an exceptional case, a Party may deposit an Instrument 
        of Subscription in which it agrees that payment of all 
        installments of paid-in capital, and its obligations 
        with respect to all callable shares, are subject to 
        subsequent budgetary legislation (``Qualified 
        Subscription''). In such an instrument, the Party shall 
        undertake to seek to obtain the necessary legislation 
        to pay the full amount of paid-in capital and to accept 
        the full amount of corresponding obligations for 
        callable shares, by the payment dates determined in 
        accordance with paragraph (a) of this Section. Payment 
        of an installment due after any such date shall be made 
        within sixty days after the requisite legislation has 
        been obtained.
          (c) If any Party which has made a Qualified 
        Subscription has not obtained the legislation to make 
        payment in full of any installment (or to accept 
        obligations in respect of callable shares) by the dates 
        determined in accordance with paragraph (a) of this 
        Section, then a Party which has paid the corresponding 
        installment on time and in full, may, after 
        consultation with the Board of Directors, direct the 
        Bank in writing to restrict commitments against that 
        installment. That restriction shall not exceed the 
        percentage which the unpaid portion of the installment, 
        due from the Party that has made the Qualified 
        Subscription, bears to the entire amount of the 
        installment to be paid by the Party, and shall be in 
        effect only for the time that unpaid portion remains 
        unpaid.
          (d) The callable portion of the subscription for 
        capital shares of the Bank shall be subject to call 
        only when required to meet the obligations of the Bank 
        created under Article III, Section 2 (b) and (c) of 
        this Chapter on borrowings of funds for inclusion in 
        the Bank's capital resources or guarantees chargeable 
        to such resources. In the event of such a call, payment 
        shall be made in either Party's currency. Calls on 
        unpaid subscriptions shall be uniform in percentage on 
        all shares.

                      Section 4. Capital Resources

    As used in this Chapter, the term ``capital resources'' of 
the Bank shall be deemed to include the following:
          (a) authorized capital, including both paid-in and 
        callable shares, subscribed pursuant to Section 2 and 3 
        of this Article;
          (b) all funds raised by borrowings under the 
        authority of Article V, Section 1 (a) of this Chapter 
        to which the commitment set forth in Section 3 (d) of 
        this Article is applicable;
          (c) all funds received in repayment of loans made 
        with the resources indicated in paragraphs (a) and (b) 
        of this section;
          (d) all income derived from loans made from the 
        aforementioned funds or from guarantees to which the 
        commitment set forth in Section 3(d) of this Article is 
        applicable; and
          (e) all other income derived from any of the 
        resources mentioned above.

                    Article III--General Operations

                      Section 1. Use of Resources

    The resources and facilities of the Bank shall be used 
exclusively to implement the purposes and functions enumerated 
in Article I of this Chapter.

           Section 2. Methods of Making or Guaranteeing Loans

    Subject to the conditions stipulated in this Article, the 
Bank may make or guarantee loans to either Party, or any agency 
or political subdivision thereof, and to any entity in the 
territory of a Party, in any of the following ways:
          (a) by making or participating in direct loans with 
        funds corresponding to the unimpaired paid-in capital 
        and to its reserves and undistributed surplus;
          (b) by making or participating in direct loans with 
        funds raised by the Bank in capital markets, or 
        borrowed or acquired in any other manner, for inclusion 
        in the capital resources of the Bank; and
          (c) by guaranteeing in whole or in part loans made 
        to, or securities issued in connection with, projects.

                           Section 3. Grants

    Subject to the conditions stipulated in this Article, the 
Bank shall make grants with funds corresponding to the Bank's 
unimpaired paid-in capital, reserves and undistributed surplus 
to either Party, or any agency or political subdivision 
thereof, and to any entity in the territory of a Party for 
purposes specified in Article I, Section 1(a) of this Chapter.

                  Section 4. Limitations on Operations

    The total amount outstanding of loans and guarantees made 
by the Bank in its operations shall not at any time exceed the 
total amount of the unimpaired subscribed capital of the Bank, 
plus the unimpaired reserves and undistributed surplus included 
in the capital resources of the Bank, as defined in Article II, 
Section 4 of this Chapter, exclusive of income on the capital 
resources that is assigned by decision of the Board of 
Directors to reserves not available for loans or guarantees.

               Section 5. Direct Loan and Grant Financing

    In making grants or in making direct loans or participating 
in them, the Bank may provide financing in the currencies of 
the Parties to meet the costs and expenses related to the 
purposes of the grant or loan.

    Section 6. Rules and Conditions for Making or Guaranteeing Loans

    (a) The Bank may make or guarantee loans, subject to the 
following rules and conditions:
          (1) in considering a request for a loan or a 
        guarantee, the Bank shall take into account the ability 
        of the borrower to obtain the loan from private sources 
        of financing on terms which, in the opinion of the 
        Bank, are reasonable for the borrower, taking into 
        account all pertinent factors;
          (2) in making or guaranteeing a loan, the Bank shall 
        pay due regard to prospects that the borrower and its 
        guarantor, if any, will be in a position to meet their 
        obligations under the loan contract;
          (3) in the opinion of the Bank, the rate of interest, 
        other charges and the schedule for repayment of 
        principal are appropriate for the purposes or project 
        in question; and
          (4) in guaranteeing a loan made by other investors, 
        the Bank shall receive suitable compensation for its 
        risk.
    (b) In addition to the rules and conditions set forth in 
paragraph (a) of this Section, the following rules and 
conditions shall apply to loans or guarantees made pursuant to 
a certification from the Board of Directors in accordance with 
Articles I and II of Chapter I:
          (1) the Bank management shall have submitted a 
        detailed financial proposal to the Board of Directors, 
        and the Board of Directors shall have certified the 
        project relating to such proposal;
          (2) in approving a loan or guarantee for a project, 
        the Board of Directors shall find that the project is 
        economically/financially sound, and pay due regard to 
        the prospects that the project will generate sufficient 
        revenues, by user fees or otherwise, to be self-
        sustaining or that funds will be available from other 
        sources to meet debt servicing obligations; and
          (3) loans made or guaranteed by the Bank shall be for 
        financing specific projects.

    Section 7. Optional Conditions for Making or Guaranteeing Loans

    (a) In the case of loans or guarantees of loans to 
nongovernmental entities, the Bank may, when it deems it 
advisable, require that the Party in whose territory the 
project is to be carried out, or a public institution or a 
similar agency of the Party acceptable to the Bank, guarantee 
the repayment of the principal and the payment of interest and 
other charges on the loan.
    (b) The Bank may attach such other conditions to the making 
of loans or guarantees as it deems appropriate.

                       Section 8. Use of Proceeds

    (a) The Bank shall impose no condition that the proceeds of 
a loan guaranteed or made, or a grant made, for the purposes 
specified in Article 1, Section 1(a) of this Chapter shall be 
spent in the territory of either Party.
    (b) The Bank shall take the necessary measures to ensure 
that the proceeds of any loan made, guaranteed, or participated 
in, or any grant made, by the Bank are used only for the 
purposes for which the loan was granted, or the grant was made, 
with due attention to considerations of economy and efficiency.

                   Section 9. Terms for Direct Loans

    Direct loan contracts made by the Bank in conformity with 
Section 5 and 6 of this Article shall establish:
          (a) All the terms and conditions of each loan, 
        including among others, provision for payment of 
        principal, interest and other charges, maturities, and 
        dates of payment; and
          (b) The currency or currencies in which payment shall 
        be made to the Bank.

                    Section 10. Terms for Guarantees

    (a) In making any guarantee pursuant to Section 2(c) of 
this Article, the Bank shall charge a guarantee fee, at a rate 
determined by the Bank, payable periodically on the amount of 
the loan outstanding.
    (b) Guarantee contracts concluded by the Bank shall provide 
that the Bank may terminate its liability with respect to 
interest if, upon default by the borrower and by the guarantor, 
if any, the Bank offers to purchase, at par and interest 
accrued to a date designated in the offer, the bonds or other 
obligations guaranteed.
    (c) In issuing guarantees, the Bank shall have power to 
determine any other terms and conditions.

           Section 11. Rules and Conditions for Making Grants

    (a) Before the Board of Directors may approve a grant 
(excluding technical assistance expenditures) for an 
environmental project in accordance with the purposes specified 
in Article 1, Section 1(a) of this Chapter, (i) the Bank 
management shall have submitted a detailed financial proposal 
to the Board of Directors, and (ii) the Board of Directors 
shall have certified the project relating to such proposal in 
accordance with Articles I and II of Chapter I.
    (b) The Bank may attach such other conditions to the making 
of grants for the purposes specified in Article 1, Section 1(a) 
of this Chapter as it deems appropriate.

              Section 12. Relationship with Other Entities

    (a) The Bank may make arrangements or agreements with other 
entities, including multilateral development banks, regarding 
facilities, personnel and services and arrangements for 
reimbursement of administrative expenses paid by either entity 
on behalf of the other.
    (b) Nothing in this Agreement shall make the Bank liable 
for the acts or obligations of an entity referred to in 
paragraph (a) of this Section, or any such entity liable for 
the acts or obligations of the Bank.

       Article IV--Community Adjustment and Investment Operations

         Section 1. Community Adjustment and Investment Grants

    (a) Subject to the conditions stipulated in this Article 
and Article III of this Chapter, the Bank shall make grants to 
the United States or any agency or political subdivision 
thereof, and to any entity in the territory of the United 
States for purposes of community adjustment and investment 
specified in Article I, Section 1(b) of this Chapter.
    (b) Subject to the conditions stipulated in this Article 
and Article III of this Chapter, the Bank shall make grants to 
Mexico or any agency or political subdivision thereof, and to 
any entity in the territory of Mexico for purposes of community 
adjustment and investment specified in Article I, Section 1(c) 
of this Chapter.

  Section 2. Rules and Conditions for Making Community Adjustment and 
                           Investment Grants

    (a) Notwithstanding Article VI of Chapter III, and subject 
to the limitations specified in Sections 5(a) and 5(b) of this 
Article, the Bank shall make grants for the purposes of 
community adjustment and investment specified in Article I, 
Section 1(b) of this Chapter pursuant to an endorsement by the 
United States. (b) Notwithstanding Article VI of Chapter III, 
and subject to the limitations specified in Sections 5(c) and 
5(d) of this Article, the Bank shall make grants for the 
purposes of community adjustment and investment specified in 
Article I Section 1(c) of this Chapter pursuant to an 
endorsement by Mexico.

 Section 3. Methods of Making Community Adjustment and Investment Loans

    Section 2 of Article III of this Chapter shall apply to any 
loans made or guaranteed by the Bank for the purposes specified 
in Article 1, Sections 1(b) or 1(c) of this Chapter.

 Section 4. Rules and Conditions for Making or Guaranteeing Community 
                    Adjustment and Investment Loans

    In addition to the rules and conditions set forth in 
Section 6(a) of Article III of this Chapter and the optional 
rules and conditions set forth in Section 7 of Article III of 
this Chapter:
          (a) loans and guarantees made for the purposes of 
        community adjustment and investment specified in 
        Article I, Section 1(b) of this Chapter shall require 
        an endorsement from the United States; and
          (b) loans and guarantees made for the purposes of 
        community adjustment and investment specified in 
        Article 1, Section 1(c) of this Chapter shall require 
        an endorsement from Mexico.

     Section 5. Limitations on Community Adjustment and Investment 
                               Operations

    In addition to the limitations on operations set forth in 
Section 4 of Article III of this Chapter:
          (a) The total amount of loans, guarantees and grants 
        provided for the purposes of community adjustment and 
        investment specified in Article I, Section 1(b) of this 
        Chapter, shall not exceed 10 percent of the sum of the 
        paid-in capital actually paid to the Bank by the United 
        States, and the amount of callable shares for which the 
        United States has an unqualified subscription.
          (b) The total amount of grants made pursuant to 
        Section 1(a) of this Article, plus 15 percent of the 
        total amount of loans and guarantees made for the 
        purposes of community adjustment and investment 
        specified in Article 1 Section 1(b) of this Chapter, 
        shall not exceed 10 percent of the paid-in capital 
        actually paid to the Bank by the United States.
          (c) The total amount of loans, guarantees and grants 
        provided for the purposes of community adjustment and 
        investment specified in Article I, Section 1(c) of this 
        Chapter, shall not exceed 10 percent of the sum of the 
        paid-in capital actually paid to the Bank by Mexico, 
        and the amount of callable shares for which Mexico has 
        an unqualified subscription.
          (d) The total amount of grants made pursuant to 
        Section 1(b) of this Article, plus 15 percent of the 
        total amount of loans and guarantees made for the 
        purposes of community adjustment and investment 
        specified in Article 1, Section 1(c) of this Chapter, 
        shall not exceed 10 percent of the paid-in capital 
        actually paid to the Bank by Mexico.

  Section 6. Applicability of Article III to Community Adjustment and 
                         Investment Operations

    Sections 1, 2, 4, 5, 6(a), 7, 8(b), 9 and 10 of Article III 
of this Chapter shall apply to Bank operations for the purposes 
specified in Article I, Sections 1(b) and 1(c) of this Chapter.

                         Article V--Currencies

                      Section 1. Use of Currencies

    (a) The Parties may not maintain or impose restrictions of 
any kind upon the use by the Bank or by any recipient from the 
Bank, for payment in any country, of the following:
          (1) currencies received by the Bank in payment of 
        each Party's subscription to shares of the Bank's 
        capital;
          (2) currencies of the Parties purchased with the 
        resources referred to in (1) of this paragraph;
          (3) currencies obtained by borrowings, pursuant to 
        the provisions of Article V, Section 1(a) of this 
        Chapter, for inclusion in the capital resources of the 
        Bank;
          (4) currencies received by the Bank in payment on 
        account of principal, interest, or other charges in 
        respect of loans made from the funds referred to in 
        (1), (2) or (3) of this paragraph; and currencies 
        received in payment of commissions and fees on all 
        guarantees made by the Bank; and
          (5) currencies received from the Bank pursuant to 
        Article V Section 4(c) of this Chapter, in distribution 
        of net profits.
    (b) A Party's currency held by the Bank in its capital 
resources, which is not covered by paragraph (a) of this 
section, also may be used by the Bank or any recipient from the 
Bank for payments in any country without restriction of any 
kind.
    (c) The Parties may not place any restrictions on the 
holding and use by the Bank, for making amortization payments 
or anticipating payment of, or repurchasing part or all of the 
Bank's own obligations, of currencies received by the Bank in 
repayment of direct loans made from borrowed funds included in 
the capital resources of the Bank.

                   Section 2. Valuation of Currencies

    (a) The amount of a currency other than the U.S. dollar 
paid for purposes of Section 3(a), (b) or (d) of Article II of 
this Chapter or Section 3 of this Article to discharge a U.S. 
dollar-denominated obligation shall be that amount which will 
yield to the Bank the U.S. dollar amount of such obligation.
    (b) Whenever it shall become necessary under this Chapter 
to value any currency in terms of another currency, such 
valuation shall be determined by the Bank after consultation, 
if necessary, with the International Monetary Fund.

              Section 3. Methods of Conserving Currencies

    The Bank shall accept from either Party promissory notes or 
similar securities issued by the government of the Party, or by 
the depository designated by such Party, in lieu of any part of 
the currency of the Party representing the paid-in portion of 
its subscription to the Bank's authorized capital, provided 
such currency is not required by the Bank for the conduct of 
its operations. Such notes or securities shall be non-
negotiable, non-interest BECC-bearing, and payable to the Bank 
at their par value on demand. On the same conditions, the Bank 
shall also accept such notes or securities in lieu of any part 
of the subscription of a Party with respect to which part the 
terms of the subscription do not require payment in cash.

      Article VI--Miscellaneous Powers and Distribution of Profits

              Section 1. Miscellaneous Powers of the Bank

    In addition to the powers specified elsewhere in this 
Chapter, the Bank shall have the power to:
          (a) borrow funds and in that connection to furnish 
        such collateral or other security therefor as the Bank 
        shall determine, provided that, before making a sale of 
        its obligations in the markets of a Party, the Bank 
        shall have obtained the approval of that country and of 
        the Party in whose currency the obligations are 
        denominated;
          (b) invest funds not needed in its operations in such 
        obligations as it may determine;
          (c) guarantee securities in its portfolio for the 
        purpose of facilitating their sale; and
          (d) exercise such other powers as shall be necessary 
        or desirable in furtherance of its purposes and 
        functions, consistent with the provisions of this 
        Chapter.

             Section 2. Warning to be Placed on Securities

    Every security issued or guaranteed by the Bank shall bear 
on its face a conspicuous statement to the effect that it is 
not an obligation of any government, unless it is in fact the 
obligation of a particular government, in which case it shall 
so state.

          Section 3. Methods of Meeting the Losses of the Bank

    (a) In case of arrears or default on loans made, 
participated in, or guaranteed by the Bank, the Bank shall take 
such action as it deems appropriate. The Bank shall maintain 
appropriate provisions against possible losses.
    (b) Losses arising in the Bank's operations shall be 
charged first, to the provisions referred to in paragraph (a); 
second, to net income; third, against its general reserve and 
surpluses; and fourth, against the unimpaired paid-in capital.
    (c) Whenever necessary to meet contractual payments of 
interest, other charges, or amortization on the Bank's 
borrowings payable out of its capital resources, or to meet the 
Bank's liabilities with respect to similar payments on loans 
guaranteed by it chargeable to its capital resources, the Bank 
may call upon both Parties to pay an appropriate amount of 
their callable capital subscriptions, in accordance with 
Article II, Section 3 of this Chapter. Moreover, if the Bank 
believes that a default may be of long duration, it may call an 
additional part of such subscriptions not to exceed in any one 
year one percent of the total subscriptions of the Parties to 
the capital resources, for the following purposes:
          (1) to redeem prior to maturity, or otherwise 
        discharge its liability on, all or part of the 
        outstanding principal of any loan guaranteed by it 
        chargeable to its capital resources in respect of which 
        the debtor is in default; and
          (2) to repurchase, or otherwise discharge its 
        liability on, all or part of its own outstanding 
        obligations payable out of its capital resources.

     Section 4. Distribution or Transfer of Net Profits and Surplus

    (a) The Board of Directors may determine periodically what 
part of the net profits and of the surplus of the capital 
resources shall be distributed. Such distributions may be made 
only when the reserves have reached a level which the Board of 
Directors considers adequate.
    (b) The distributions referred to in paragraph (a) of this 
section shall be made from the capital resources in proportion 
to the payments on capital stock made by each Party.
    (c) Payments pursuant to paragraph (a) of this section 
shall be made in such manner and in such currency or currencies 
as the Board of Directors shall determine. If such payments are 
made to a Party in currencies other than its own, the transfer 
of such currencies and their use by the receiving country shall 
be without restriction by either Party.

                Article VII--Organization and Management

                    Section 1. Structure of the Bank

    The Bank shall have a Board of Directors as specified in 
Chapter III, a Managing Director, a Deputy Managing Director, 
and such other officers and staff as may be considered 
necessary.

                       Section 2. Decision-Making

    All decisions of the Board of Directors shall be made as 
provided in Article VI of Chapter III.

                 Section 3. Managing Director and Staff

    (a) The Board of Directors shall appoint a Managing 
Director and a Deputy Managing Director of the Bank. The 
Managing Director, under the direction of the Board of 
Directors, shall conduct the business of the Bank and shall be 
chief of its staff. The Managing Director or his or her 
designee shall be the legal representative of the Bank. The 
Managing Director and Deputy Managing Director each ordinarily 
shall serve a nonrenewable term of five years. The Board of 
Directors may remove the Managing Director or the Deputy 
Managing Director at any time. The offices of the Managing 
Director and the Deputy Managing Director shall alternate 
between the nationals of the Parties. The Managing Director and 
the Deputy Managing Director shall be nationals of different 
Parties at all times.
    (b) The Managing Director, officers and staff of the Bank, 
in the discharge of their offices, shall owe their duty 
entirely to the Bank and to no other authority. The Parties 
shall respect the international character of this duty and 
shall refrain from all attempts to influence any of them in the 
discharge of their duties.
    (c) In appointing the officers and staff, the Managing 
Director shall, subject to the paramount importance of securing 
the highest standards of efficiency and technical competence, 
seek to achieve, at each level, a balance in the number of 
nationals from each Party.
    (d) The Bank, its officers and staff shall not interfere in 
the political affairs of either Party, nor shall they be 
influenced in their decisions by the political character of the 
Party or Parties concerned. Only economic/financial 
considerations shall be relevant to their decisions, and these 
considerations shall be weighed impartially in order to achieve 
the purposes and functions stated in Article I of this Chapter.

     Section 4. Publication of Reports and Provision of Information

    (a) The Bank shall publish an annual report containing an 
audited statement of its accounts. It shall also transmit 
quarterly to the Parties a summary statement of its financial 
position and profit-and-loss statement showing the results of 
its operations.
    (b) The Bank may also publish such other reports as it 
deems desirable to inform the public of its activities and to 
carry out its purposes and functions.

         Article VIII--Suspension and Termination of Operations

                  Section 1. Suspension of Operations

    In an emergency the Board of Directors may suspend 
operations in respect of loans, guarantees and grants until 
such time as the Board of Directors may have an opportunity to 
consider the situation and take pertinent measures.

                  Section 2. Termination of Operations

    (a) The Parties, by mutual agreement, may terminate the 
operations of the Bank. A Party may withdraw from the Bank by 
delivering to the Bank at its principal office a written notice 
of its intention to do so. Such withdrawal shall become finally 
effective on the date specified in the notice but in no event 
less than six months after the notice is delivered to the Bank. 
However, at any time before the withdrawal becomes finally 
effective, the Party may notify the Bank in writing of the 
cancellation of its notice of intention to withdraw. The Bank 
shall terminate its operations on the effective date of any 
notice of withdrawal from the Bank.
    (b) After such termination of operations the Bank shall 
forthwith cease all activities, except those incident to the 
conservation, preservation, and realization of its assets and 
settlement of its obligations.

       Section 3. Liability of the Parties and Payment of Claims

    (a) The liability of the Parties arising from their 
subscriptions to the capital stock of the Bank shall continue 
until all direct and contingent obligations shall have been 
discharged.
    (b) All creditors holding direct claims shall be paid out 
of the assets of the Bank and then out of payments to the Bank 
on unpaid or callable subscriptions. Before making any payments 
to creditors holding direct claims, the Board of Directors 
shall make such arrangements as are necessary, in its judgment, 
to ensure a pro rata distribution among holders of direct and 
contingent claims.

                   Section 4. Distribution of Assets

    (a) No distribution of assets shall be made to either Party 
on account of their subscription to the capital stock of the 
Bank until all liabilities to creditors chargeable to such 
capital stock shall have been discharged or provided for. 
Moreover, such distribution must be approved by a decision of 
the Board of Directors.
    (b) Any distribution of the assets of the Bank to the 
Parties shall be in proportion to payments on capital stock 
made by each Party and shall be effected at such times and 
under such conditions as the Bank shall deem fair and 
equitable. The shares of assets distributed need not be uniform 
as to type of assets. No Party shall be entitled to receive its 
shares in such a distribution of assets until it has settled 
all of its obligations to the Bank.
    (c) A Party receiving assets distributed pursuant to this 
Article shall enjoy the same rights with respect to such assets 
as the Bank enjoyed prior to their distribution.

             Article IX--Status, Immunities and Privileges

                      Section 1. Scope of Article

    To enable the Bank to fulfill its purposes and the 
functions with which it is entrusted, the status, immunities, 
and privileges set forth in this Article shall be accorded to 
the Bank in the territories of each Party.

                        Section 2. Legal Status

    The Bank shall possess juridical personality and, in 
particular, full capacity:
          (a) to contract;
          (b) to acquire and dispose of immovable and movable 
        property; and
          (c) to institute legal proceedings.

                    Section 3. Judicial Proceedings

    Actions may be brought against the Bank only in a court of 
competent jurisdiction in the territories of a Party in which 
the Bank has an office, has appointed an agent for the purpose 
of accepting service or notice of process, or has issued or 
guaranteed securities.
    No action shall be brought against the Bank by the Parties 
or persons acting for or deriving claims from the Parties. 
However, the Parties shall have recourse to such special 
procedures to settle controversies between the Bank and its 
Parties as may be prescribed in this Chapter, in the by-laws 
and regulations of the Bank or in contracts or other agreements 
entered into with the Bank.
    Property and assets of the Bank shall, wheresoever located 
and by whomsoever held, be immune from all forms of seizure, 
attachment or execution before the delivery of final judgment 
against the Bank.

                     Section 4. Immunity of Assets

    Property and assets of the Bank, wheversoever located and 
by whomsoever held, shall be considered public international 
property and shall be immune from search, requisition, 
confiscation, expropriation or any other form of taking or 
foreclosure by executive or legislative action.

                  Section 5. Inviolability of Archives

    The archives of the Bank shall be inviolable.

             Section 6. Freedom of Assets from Restrictions

    To the extent necessary to carry out the purposes and 
functions of the Bank and to conduct its operations in 
accordance with this Chapter, all property and other assets of 
the Bank shall be free from restrictions, regulations, controls 
and moratoria of any nature, except as may otherwise be 
provided in this Chapter.

                Section 7. Privilege for Communications

    The official communications of the Bank shall be accorded 
by each Party the same treatment that it accords to the 
official communications of the other Party.

             Section 8. Personal Immunities and Privileges

    The directors, Managing Director, Deputy Managing Director, 
officers, and staff of the Bank shall have the following 
privileges and immunities:
          (a) immunity from legal process with respect to acts 
        performed by them in their official capacity, except 
        when the Bank expressly waives this immunity;
          (b) when not local nationals, the same immunities 
        from immigration restrictions, alien registration 
        requirements and national service obligations and the 
        same facilities as regards exchange provisions as are 
        accorded by the Parties to the representatives, 
        officials, and employees of comparable rank of the 
        other Party; and
          (c) the same privileges in respect of traveling 
        facilities as are accorded by the Parties to 
        representatives, officials, and employees of comparable 
        rank of members of the other Party.

                  Section 9. Immunities from Taxation

    (a) The Bank, its property, other assets, income, and the 
operations it carries out pursuant to this Chapter shall be 
immune from all taxation and from all customs duties. The Bank 
shall also be immune from any obligation relating to the 
payment, withholding or collection of any tax or customs duty.
    (b) No tax shall be levied on or in respect of any salaries 
or emoluments paid by the Bank to directors, officers or staff 
of the Bank who are not local nationals of the country where 
the Bank has its principal office.
    (c) No tax of any kind shall be levied on any obligation or 
security issued by the Bank, including any dividend or interest 
thereon, by whomsoever held:
          (1) which discriminates against such obligation or 
        security solely because it is issued by the Bank; or
          (2) if the sole jurisdictional basis for such 
        taxation is the place or currency in which it is 
        issued, made payable or paid, or the location of any 
        office or place of business maintained by the Bank.
    (d) No tax of any kind shall be levied on any obligation or 
security guaranteed by the Bank, including any dividend or 
interest thereon, by whomsoever held:
          (1) which discriminates against such obligation or 
        security solely because it is guaranteed by the Bank; 
        or
          (2) if the sole jurisdictional basis for such 
        taxation is the location of any office or place of 
        business maintained by the Bank.

                       Section 10. Implementation

    Each Party, in accordance with its juridical system, shall 
take such action as is necessary to make effective in its own 
territories the principles set forth in this Article, and shall 
inform the Bank of the action that it has taken on the matter.

                     Article X--General Provisions

                      Section 1. Principal Office

    The principal office of the Bank shall be located in a 
place to be mutually agreed by the Parties so as to facilitate 
the operations of the Bank.

             Section 2. Relations with Other Organizations

    The Bank may enter into arrangements or agreements with 
other organizations with respect to the exchange of information 
or for other purposes consistent with this Chapter.

                  Section 3. Channel of Communication

    Each Party shall designate an official entity for purposes 
of communication with the Bank on matters connected with this 
Chapter.

                        Section 4. Depositories

    Each Party shall designate its central bank to serve as a 
depository in which the Bank may keep its holdings of such 
Party's currency and other assets of the Bank. However, with 
the agreement of the Bank, a Party may designate another 
institution for such purpose.

                 Section 5. Commencement of Operations

    The Parties shall call the first meeting of the Board of 
Directors as soon as this Agreement enters into force under 
Article I of Chapter V of this Agreement.

               CHAPTER III--BECC-NADB BOARD OF DIRECTORS

                     Article I--Board of Directors

    All the powers of the Commission and the Bank shall be 
vested in the Board of Directors of the Border Environment 
Cooperation Commission and the North American Development Bank.

                       Article II--Board Members

    The Board of Directors shall have the following ten, 
appointed directors:
          (1) the Secretary of the United States Department of 
        the Treasury, or his/her delegate, who shall serve ex 
        officio;
          (2) the Secretary of Finance and Public Credit of 
        Mexico, or his/her delegate, who shall serve ex 
        officio;
          (3) the Administrator of the Environmental Protection 
        Agency of the United States, or his/her delegate, who 
        shall serve ex officio;
          (4) the Secretary of the Environment and Natural 
        Resources of Mexico, or his/her delegate, who shall 
        serve ex officio;
          (5) the Secretary of the United States Department of 
        State, or his/her delegate, who shall serve ex officio;
          (6) the Secretary of the Ministry of External Affairs 
        of Mexico, or his/her delegate, who shall serve ex 
        officio;
          (7) a representative of one of the U.S. border 
        states, appointed by the United States in such manner 
        as it may determine;
          (8) a representative of one of the Mexican border 
        states, appointed by Mexico in such manner as it may 
        determine;
          (9) a member of the United States public who is a 
        resident of the border region, appointed by the United 
        States in such manner as it may determine; and
          (10) a member of the Mexican public who is a resident 
        of the border region, appointed by Mexico in such 
        manner as it may determine.

                        Article III--Chairperson

    Each of the Parties, on an alternating basis, shall select 
one of the directors as Chairperson of the Board of Directors 
for a one-year term.

                Article IV--Powers Reserved to the Board

    The Board of Directors may delegate to the General Manager 
of the Commission or the Managing Director of the Bank the 
authority to exercise any powers of the Board of Directors, 
except the power to:
          (a) certify environmental infrastructure projects in 
        accordance with Article II, Section 3 of Chapter I;
          (b) approve financing by the Bank for purposes 
        specified in Article 1 Section 1(a) of Chapter II;
          (c) approve the annual program, budget and report of 
        the Commission and the Bank; and
          (d) determine the salary and terms of contract of 
        service for the General Manager and Deputy General 
        Manager of the Commission, and the Managing Director 
        and Deputy Managing Director of the Bank.

                       Article V--Board Meetings

    The Board of Directors shall meet publicly at least twice 
each calendar year. The Board of Directors shall determine the 
location of its meetings. One public meeting each year shall be 
designated the Annual Meeting of the Board of Directors. A 
quorum for any meeting of the Board of Directors shall be a 
majority of the directors appointed by each of the Parties.

                           Article VI--Voting

    Subject to Section 1(c) of Article II in Chapter II, all 
decisions of the Board of Directors shall require the approval 
of a majority of the directors appointed by each Party; 
provided that, in the case of any decision relating to or 
affecting project certification or financing, such majority 
shall include the directors representing the U.S. Department of 
the Treasury, Secretaria de Hacienda y Credito Publico, the 
Environmental Protection Agency of the United States, and 
SEMARNAT in order to ensure appropriate consideration of 
financial, technical and environmental matters. A written 
record of such decisions shall be made public in English and 
Spanish.

                          Article VII--General

                    Section 1. Rules and Regulations

    The Board of Directors may adopt such rules and regulations 
as may be necessary or appropriate to conduct the business of 
the Commission and the Bank.

                        Section 2. Compensation

    Directors shall serve as such without compensation for 
their services from the Commission or the Bank.

                         Section 3. Committees

    The Board of Directors may establish such committees for 
the Commission or the Bank as it deems advisable.

       CHAPTER IV--ENTRY INTO FORCE, AMENDMENT AND INTERPRETATION

                      Article I--Entry into Force

    This Agreement shall enter into force on January 1, 1994, 
immediately after entry into force of the North American Free 
Trade Agreement, on an exchange of written notifications 
certifying the completion of necessary legal procedures.

                         Article II--Amendment

    The Parties may agree on any modification of or addition to 
this Agreement. When so agreed, and approved in accordance with 
the applicable legal procedures of each Party, a modification 
or addition shall constitute an integral part of this 
Agreement.

              Article III--Interpretation and Consultation

                       Section 1. Interpretation

    The Parties shall at all times endeavor to agree on the 
interpretation and application of this Agreement, and shall 
make every effort to resolve any matter that might affect the 
implementation of this Agreement.

                        Section 2. Consultation

    Upon the written request of either Party or the Board of 
Directors in English and Spanish, the Parties shall consult 
regarding the interpretation or application of this Agreement. 
These consultations shall take place within 30 days after a 
written request for consultation.

             CHAPTER V--DEFINITIONS AND OTHER ARRANGEMENTS

        Article I--Relations to Other Agreements or Arrangements

    (a) Nothing in this Agreement shall prejudice other 
agreements or arrangements between the Parties, including those 
relating to conservation or the environment.
    (b) Nothing in this Agreement shall be construed to limit 
the right of any public entity or private person of a Party to 
seek investment capital or other sources of finance, or to 
propose, construct or operate an environmental infrastructure 
project in the border region without the assistance or 
certification of the Board of Directors.

                        Article II--Definitions

    For purposes of this Agreement, it shall be understood 
that:
          Bank means the North American Development Bank 
        established pursuant to Chapter II of this Agreement;
          Board of Directors means the Board of Directors of 
        the Border Environment Cooperation Commission and the 
        North American Development Bank established pursuant to 
        Chapter III of this Agreement;
          Border region means the area in the United States 
        that is within 100 kilometers of the international 
        border between the United States and Mexico, and the 
        area in Mexico that is within 300 kilometers of the 
        international border between the United States and 
        Mexico;
          Commission means the Border Environment Cooperation 
        Commission established pursuant to Chapter I of this 
        Agreement;
          Environmental infrastructure project means a project 
        that will prevent, control or reduce environmental 
        pollutants or contaminants, improve the drinking water 
        supply, or protect flora and fauna so as to improve 
        human health, promote sustainable development, or 
        contribute to a higher quality of life;
          Mexico means the United Mexican States;
          Mexican border states means Baja California, 
        Chihuahua, Coahuila, Nuevo Leon, Sonora and Tamaulipas;
          National means a natural person who is citizen or 
        permanent resident of a Party, including:
                  1) with respect to Mexico, a national or a 
                citizen according to Articles 30 and 34, 
                respectively of the Mexican Constitution; and
                  2) with respect to the United States, 
                ``national of the United States'' as defined in 
                the existing provisions of the Immigration and 
                Nationality Act.
          Nongovernmental organization means any scientific, 
        professional, business, non-profit or public interest 
        organization or association which is neither affiliated 
        with, nor under the direction of, a government;
          North American Development Bank means the bank 
        established by the Parties pursuant to Chapter II of 
        this Agreement;
          United States means the United States of America; and
          U.S. border states means Arizona, California, New 
        Mexico and Texas.
    The English and Spanish versions of this Agreement are 
equally authentic.

                                ANNEX A

    INITIAL SUBSCRIPTIONS TO THE AUTHORIZED CAPITAL STOCK OF THE BANK
                      (in shares of US$10,000 each)
------------------------------------------------------------------------
                                         Paid-in
                                         Capital  Callable      Total
                                         Shares    Shares   Subscription
------------------------------------------------------------------------
United States.........................    22,500   127,500     150,000
Mexico................................    22,500   127,500     150,000
                                       ---------------------------------
    TOTAL.............................    45,000   255,000     300,000
------------------------------------------------------------------------

=======================================================================


           L. FOREIGN ECONOMIC POLICY: TARIFF AND TRADE LAWS

                                CONTENTS

                                                                   Page

 1. International Trade Functions................................  1505
      a. Agreement on Trade Relations Between the United States 
          of America and the Hungarian People's Republic.........  1505
      b. Agreement on Trade Relations Between the United States 
          of America and the People's Republic of China..........  1514
 2. Hostage Return and Economic Relations with Iran..............  1520
      a. Declaration of the Government of Algeria................  1520
      b. Settlement of Claims by the United States and Iran......  1525
 3. World Trade Organization and the General Agreement on Tariffs 
    and Trade....................................................  1529
      a. The General Agreement on Tariffs and Trade, 1947, as 
          amended................................................  1529
      b. The General Agreement on Tariffs and Trade, 1994........  1596
      c. Agreement on Implementation of Article VI of the General 
          Agreement on Tariffs and Trade 1994....................  1599
      d. Final Act Embodying the Results of the Uruguay Round of 
          Multilateral Trade Negotiations........................  1622
      e. Agreement Establishing the World Trade Organization.....  1624
 4. International Telecommunication Union........................  1635
      a. Constitution of the International Telecommunication 
          Union..................................................  1635
      b. Convention of the International Telecommunication Union.  1662
 5. World Intellectual Property Organization Copyright Treaty....  1704
 6. Trademark Law Treaty.........................................  1711
 7. Bilateral Investment Treaties................................  1730
      a. Countries With Which the United States Has a Bilateral 
          Investment Treaty......................................  1730
      b. Treaty Between the United States and Jordan Concerning 
          the Encouragement and Reciprocal Protection of 
          Investment.............................................  1731
 8. Conventions for the Avoidance of Double Taxation and the 
    Prevention of Fiscal Evasion With Respect to Taxes on Income.  1743
      a. Countries With Which the United States Has a Convention 
          for the Avoidance of double Taxation and the Prevention 
          of Fiscal Evasion With Respect to Taxes on Income......  1743
      b. Convention Between the United States and Denmark for the 
          Avoidance of double Taxation and the Prevention of 
          Fiscal Evasion With Respect to Taxes on Income.........  1745
 9. Friendship Treaties..........................................  1776
      a. Countries With Which the United States Has a Friendship 
          Treaty.................................................  1776
      b. Treaty of Friendship, Commerce and Navigation Between 
          the United States and the Netherlands, With Protocol...  1777
10. Bilateral Free Trade Agreements..............................  1795
      a. Countries With Which the United States Has a Bilateral 
          Free Trade Agreement...................................  1795
      b. United States-Chile Free Trade Agreement................  1796

=======================================================================

      
                    1. International Trade Functions

 a. Agreement on Trade Relations Between the United States of America 
                  and the Hungarian People's Republic

  Treaty done at Budapest, March 17, 1978; Presidential Proclamation 
  4560, April 7, 1978, 43 F.R. 15125; Entered into force, July 7, 1978

            by the president of the united states of america

                             A Proclamation

  As President of the United States of America, acting through 
my representatives, I entered into the negotiation of an 
agreement on trade relations between the United States of 
America and the Hungarian People's Republic with 
representatives of the Hungarian People's Republic;
  The negotiations were conducted in accordance with the 
requirements of the Trade Act of 1974 (P.L. 93-618, January 3, 
1975; 88 Stat. 1978) (``the Act'');
  An ``Agreement on Trade Relations Between the United States 
of America and the Hungarian People's Republic,'' in English 
and Hungarian, was signed on March 17, 1978, by representatives 
of the two Governments, and is annexed to this Proclamation;
  The Agreement conforms to the requirements relating to 
bilateral commercial agreements specified in Section 405(b) of 
the Act;
  Article XI of the Agreement provides that it shall enter into 
force on the date of exchange of written notices of acceptance 
by the Governments of the United States of America and the 
Hungarian People's Republic; and
  Section 405(c) of the Act provides that a bilateral 
commercial agreement and a proclamation implementing such 
agreement shall take effect only if approved by the Congress;

    Now, Therefore, I, Jimmy Carter, President of the United 
States of America, proclaim as follows:

          (1) This Proclamation shall become effective, said 
        Agreement shall enter into force according to its 
        terms, and nondiscriminatory treatment shall be 
        extended to the products of the Hungarian People's 
        Republic in accordance with the terms of the said 
        Agreement, on the date of exchange of written notices 
        of acceptance in accordance with Article XI of the said 
        Agreement; and
          (2) General Headnote 3(e) of the Tariff Schedules of 
        the United States is amended by deleting therefrom 
        ``Hungary'' as of the effective date of this 
        proclamation and a notice thereof shall be published in 
        the Federal Register promptly thereafter.

  In Witness Whereof, I have signed this Proclamation this 
seventh day of April, in the year of our Lord one thousand nine 
hundred seventy-eight, and of the Independence of the United 
States of America the two hundred second.
                                                      Jimmy Carter.

 Agreement on Trade Relations Between the United States of America and 
                  the Hungarian People's Republic \1\

  The Government of the United States of America and the 
Government of the Hungarian People's Republic;
---------------------------------------------------------------------------
    \1\ 29 UST 2711; TIAS 8967.

    Desiring to develop further the friendship between the 
---------------------------------------------------------------------------
American and Hungarian peoples;

    Noting the steady improvement in relations between the two 
countries;

    Recognizing that the development of economic and commercial 
relations can contribute to a general strengthening of their 
relations;

    Acknowledging that favorable conditions for the further 
long-term expansion of trade and economic cooperation exist 
between the two countries and can be further expanded to the 
benefit of both countries;

    Desiring to develop long-term trade and economic 
cooperation based upon the principles of sovereign equality and 
mutual benefit;

    Reaffirming the importance of the principles of the General 
Agreement on Tariffs and Trade for the trade policies of the 
two countries;

    Determined to give full effect to the Final Act of the 
Conference on Security and Cooperation in Europe signed on 
August 1, 1975;

    Have agreed as follows:

                Article I--Most Favored Nation Treatment

                        nondiscriminatory trade

    1. The Parties shall apply between themselves the 
provisions of the General Agreement on Tariffs and Trade and 
the Protocol for the Accession of Hungary of August 8, 1973, as 
those provisions apply to each Party, provided that to the 
extent that any provision of the General Agreement or its 
Protocols is inconsistent with any provision of the Agreement, 
the latter shall apply.
    2. The Parties agree to maintain a satisfactory balance of 
concession in trade and services during the period of this 
Agreement, and in particular to reciprocate satisfactorily 
reductions by the other Party in tariffs and non-tariff 
barriers to trade that result from multilateral negotiations.

                     Article II--Expansion of Trade

    1. The Parties shall take appropriate measures to encourage 
and facilitate the exchange of goods and services on the basis 
of mutual advantage, and to secure favorable conditions for the 
continuous, long-term development of trade relations, between 
firms, enterprises and companies of the two countries.
    2. The Parties recognize the significant role which 
economic, industrial and technical cooperation may play in the 
further development of their economic and trade relations. They 
confirm their readiness to encourage, promote and facilitate 
these forms of cooperation between interested firms, 
enterprises and companies of their respective countries in the 
fields of industry, agriculture trade and technology.
    3. Commercial transactions will be effected on the basis of 
contracts to be concluded between firms, enterprises and 
companies of the two countries in accordance with applicable 
laws and regulations. Such contracts, including contracts for 
services, especially those for commercial, technical, 
financial, transportation and insurance services, will 
generally be concluded on the basis of commercial 
considerations on terms customary in international commercial 
practice.

                   Article III--Business Facilitation

    1. Each party acknowledges that favorable conditions exist 
for the facilitation of business and the exchange of economic 
and commercial information in both countries. The Parties, 
through their laws and regulations, will continue to provide 
further business facilities, especially those indicated in this 
Article, to support the development of their mutual trade.
    2. Firms, enterprises and companies of each Party shall be 
afforded access to all courts and, when applicable, to 
administrative bodies of the other Party as plaintiff or 
defendants, or otherwise, in accordance with the laws in force 
in the territory of such other Party, on the basis of most-
favored-nation treatment.
    3. Each Party shall permit firms, enterprises and companies 
of the other Party to advertise and promote its products and 
services and provide technical services, in compliance with the 
respective laws and regulations of each Party.
    4. Each Party reaffirms its commitments made in the 
International Convention to Facilitate the Importation of 
Commercial Samples and Advertising Material, done at Geneva on 
November 7, 1952.
    5. Firms, enterprises and companies of each Party may 
initiate and maintain contact with present and potential 
buyers, users and suppliers for authorized purposes, including 
the exchange of technical and economic information and for the 
purposes specified in contracts between firms, enterprises and 
companies of each Party, in accordance with laws and 
regulations in force.
    6. Each Party shall permit and facilitate the entry, exit 
and safety within its territory of foreign employees and 
foreign representatives of the other Party's firms, enterprises 
and companies, subject to applicable laws and regulations.
    7. Each Party will continue to publish and to make 
available economic and commercial information to promote trade 
and to help firms, enterprises and companies engaged in 
commercial activities.
    8. Each Party will encourage the participation of its 
firms, enterprises and companies in trade promotional events 
such as fairs, exhibitions, missions and seminars in the other 
country. Similarly, each Party will encourage firms, 
enterprises and companies of the other Party to participate in 
trade promotional events in its territory. Subject to the laws 
in force within their territories, the Parties agree to allow 
the import and re-export on a duty free basis of all articles 
for use in promotional events, provided that such articles are 
not sold or other wise transferred.
    9. Each Party agrees to provide its good offices to assist 
in the solution of business facilitation problems. For this 
purpose, each Party will designate appropriate organizations 
within its government to which firms, enterprises and companies 
of the other Party will have ready access in order to present 
business facilitation problems in cases where all normal 
channels have been exhausted.
    10. Neither Party shall take measures which would 
unreasonably impair the contractual rights or other interests 
acquired within its territory by firms, enterprises and 
companies of the other Party.
    11. Representation of the firms, enterprises and companies 
of one Party in the territory of the other shall be facilitated 
in accordance with the following provisions.
          A. Each Party recognizes the value of representation 
        in its territory of firms, enterprises and companies of 
        the other Party, either by local firms, enterprises and 
        companies on the basis of agency contracts, or by 
        commercial representations, as defined in Article X 
        paragraph 2, subject to laws and regulations of each 
        Party.
          B. They agree to facilitate the establishment and 
        operation of such agency or commercial representations. 
        Applications for any authorizations required for the 
        establishment and operation of commercial 
        representations shall be acted upon without delay.
          C. Firms, enterprises and companies of each Party 
        that have or desire to open commercial representations 
        in the territory of the other Party shall be accorded 
        treatment no less favorable than that accorded to 
        firms, enterprises and companies of any third country.
          D. Firms, enterprises and companies operating 
        commercial representations may hire, directly 
        compensate at lawful rates, and terminate the 
        employment of nationals of the host country or of third 
        countries, in accordance with laws and regulations in 
        force in the host country. Persons other than local 
        nationals may be employed in accordance with laws 
        applicable to the entry and sojourn of aliens.
          E. Commercial representations shall be permitted to 
        import office equipment and automobiles for their 
        operation, subject to applicable customs regulations. 
        In the event of termination of the operation of a 
        commercial representation, it shall be permitted to 
        export equipment properly imported under this Article.
          F. Each Party shall permit foreign employees of 
        commercial representations of the other Party to reside 
        in its territory along with their families, subject to 
        its laws and regulations applicable to the entry and 
        sojourn of aliens. Foreign employees of commercial 
        representations shall be permitted to secure housing 
        and office facilities.
          G. Each Party shall normally issue multiple entry and 
        exit visas to foreign employees of commercial 
        representations and their families who are assigned in 
        that capacity in its territory; such persons shall be 
        permitted to import personal effects for personal use 
        and not for any other person nor for sale duty free in 
        accordance with applicable customs procedures. They 
        shall be permitted to export their imported personal 
        effects duty free.
          H. The Parties recognize the value of facilitating 
        the work of other persons who may be assigned in their 
        territory in connection with activities related to this 
        Agreement. To this end, the two preceding subparagraphs 
        of this Article shall apply with respect to:
                  i. Foreign employees of joint ventures 
                involving firms, enterprises and companies of 
                both Parties who are assigned in the territory 
                of the other Party for purposes of the joint 
                venture; and
                  ii. Employees or other representatives of 
                firms, enterprises or companies of either Party 
                who are assigned in the territory of the other 
                Party pursuant to sales or other contracts 
                between firms, enterprises and companies of the 
                Parties.

           Article IV--Financial Provisions Relating to Trade

    1. Firms, enterprises and companies of either Party will 
conduct their financial transactions with the firms, 
enterprises and companies of the other Party, including those 
specified in paragraphs 2 through 5, in accordance with 
applicable laws and regulations of each Party.
    2. Financial transactions between firms, enterprises and 
companies of the two countries shall be carried out in United 
States dollars or any other freely convertible currency unless 
the parties to the transaction agree otherwise.
    3. Each Party shall grant any authorizations which may be 
necessary to the firms, enterprises and companies of the other 
Party on the basis of most-favored-nation treatment with 
respect to:
          A. Transactions involving payments, remittances and 
        transfers of convertible currencies or financial 
        instruments representative thereof between the 
        territories of the two Parties, as well as between the 
        territory of that Party and that of any third country;
          B. Rates of exchange and matters relating thereto;
          C. Opening and maintaining accounts in local and any 
        convertible currency in financial institutions and with 
        respect to use of such currencies.
    4. Expenditures in the territory of a Party by firms, 
enterprises and companies of the other Party may be made in 
local currency received in an authorized manner.
    5. Except in time of declared national emergency, neither 
Party shall place restrictions upon the export from its 
territory of freely convertible currencies or deposits, or 
instruments representative thereof, by the firms, enterprises 
and companies or Government of the other Party, provided such 
currencies, deposits, or instruments were received in an 
authorized manner.

 Article V--Industrial Property, Copyrights and Industrial Rights and 
                               Processes

    1. Each Party reaffirms the commitments made with respect 
to industrial property in the Paris Convention for the 
Protection of Industrial Property as revised at Stockholm on 
July 14, 1967.
    2. Each Party reaffirms the commitments made in the 
Universal Copyright Convention of September 6, 1952, as revised 
at Paris on July 24, 1971.
    3. Each Party shall provide to the firms, enterprises and 
companies of the other Party national treatment of most-
favored-nation treatment, whichever is more favorable, with 
respect to legal protection of other industrial rights and 
processes.

               Article VI--Government Commercial Offices

    1. In order to promote the expansion of trade and economic 
cooperation between the Parties, each Party will permit and 
facilitate the establishment and operation of a government 
commercial office of the other Party as an integral part of its 
Embassy. This office may be located in premises separate from 
those occupied by the Embassy. The opening of branches of such 
government commercial offices shall be the subject of separate 
arrangements between the Parties. Representatives of firms, 
companies and enterprises of either Party shall have for 
commercial purposes full access to these offices.
    2. Government commercial offices, and their respective 
officers and staff members, to the extent that they enjoy 
diplomatic immunity, shall not function as agents or principals 
in commercial transactions, or enter into contractual 
agreements on behalf of commercial organizations, or engage in 
other commercial activities inconsistent with their diplomatic 
status. They may, however, engage in general trade promotion 
activity.

               Article VII--Market Disruption Safeguards

    1. The Parties agree to consult promptly at the request of 
either Party whenever either actual or prospective imports of 
products originating in the territory of the other Party cause 
or threaten to cause or significantly contribute to market 
disruption. Market disruption exists within a domestic industry 
whenever imports of an article, like or directly competitive 
with an article produced by such domestic industry, are 
increasing rapidly, either absolutely or relatively, so as to 
be a significant cause of material injury, or threat thereof, 
to such domestic industry.
    2. Either Party may impose restrictions, limitations or 
price measures on imports originating in the territory of the 
other Party to prevent or remedy actual or threatened market 
disruption.
    3. The procedures for application of this Article are set 
forth in the Annex.

            Article VIII--Settlement of Commercial Disputes

    1. The Parties encourage the prompt and equitable 
settlement of commercial disputes between their firms, 
enterprises and companies.
    2. Both Parties endorse the adoption of arbitration for the 
settlement of such disputes not otherwise amicably resolved. 
The Parties encourage their respective firms, enterprises and 
companies to provide in their contracts for arbitration under 
internationally recognized place of arbitration rules. Such 
agreements may specify a place of arbitration in a country 
other than the Hungarian People's Republic or the United States 
of America that is a Party to the 1958 Convention for the 
Recognition and Enforcement of Foreign Arbitral Awards. Parties 
to the contract may provide for any other place or rules of 
arbitration.

                     Article IX--National Security

    The provisions of this Agreement shall not limit the right 
of either Party to take any action for the protection of its 
security interests.

                         Article X--Definitions

    1. As used in this Agreement, the term ``firms, enterprises 
and companies'' of the United States means nationals, firms and 
companies of the United States, engaged in commercial 
activities. ``Firms, enterprises and companies'' of the 
Hungarian People's Republic means firms, enterprises, companies 
and other legal persons authorized under the laws and 
regulations of the Hungarian People's Republic to carry on 
foreign trade or other activities mentioned in the respective 
paragraphs.
    2. As used in this Agreement, the term ``commercial 
representations'' shall mean, in the case of representations 
established in the United States, any form of lawful business 
or commercial representation, other than representation by a 
U.S. firm, enterprise or company pursuant to an agency 
contract.
    In the case of commercial representations established in 
the Hungarian People's Republic, the term shall mean direct 
commercial representations as provided for in Decree 8 of 1974 
of the Minister of Foreign Trade, section 1, paragraph 3.

           Article XI--Entry into Force, Duration and Review

    1. This Agreement, including its Annex and the three 
attached letters, which are integral parts of the Agreement, 
shall enter into force on the date of exchange of written 
notices of acceptance by the two Governments,\2\ and shall 
remain in force as provided in paragraph 2 of this Article.
---------------------------------------------------------------------------
    \2\ July 7, 1978.
---------------------------------------------------------------------------
    2. A. The initial term of this Agreement shall be three 
years, subject to subparagraph B. of this paragraph.
          B. If either Party encounters or foresees a problem 
        concerning its domestic legal authority to carry out 
        any of its obligations under this Agreement, such Party 
        shall request immediate consultations with the other 
        Party. Once consultations have been requested, the 
        other Party shall enter into such consultations as soon 
        as possible concerning the circumstances that have 
        arisen with a view to finding a solution to avoid 
        action under subparagraph C.
          C. If either Party does not have domestic legal 
        authority to carry out its obligations under this 
        Agreement, either Party may suspend the application of 
        this Agreement or, with the agreement of the other 
        Party, any part of this Agreement. In that event, the 
        Parties will, to the fullest extent practicable and 
        consistent with domestic law, seek to minimize 
        disruption to existing trade relations between the two 
        countries.
          D. This Agreement shall be extended for successive 
        periods of three years each unless either Party has 
        given written notice to the other Party of the 
        termination of this Agreement at least 30 days prior to 
        its expiration.
    3. The Parties agree to consult at the request of either 
Party to review the operation of this Agreement and other 
relevant aspects of the relations between the Parties.

    In Witness Whereof, the authorized representatives of the 
Parties have signed this Agreement.

    Done at Budapest on this seventeenth day of March, 1978, in 
two original copies, in the English and Hungarian languages, 
both texts being equally authentic.

                              ----------                              


                                 ANNEX

    1. A. In the consultations provided for under Article VII 
the Parties shall present and examine the factors relating to 
those imports that may be causing or threatening to cause, or 
significantly contributing to market disruption, as described 
in paragraph 1 of the Article VII, and seek means of preventing 
or remedying such market disruption. They shall take due 
account of any contracts between firms, enterprises and 
companies of the two countries concluded prior to the request 
for consultations and shall seek not to impair unreasonably 
rights of importers and exporters under such contracts. Such 
consultations shall provide for a review of the production, 
market, and trade situation of the product involved and may 
include such factors as trends in domestic production, profits 
of firms within the industry, the employment situation, sales, 
inventories, rates of increase of imports, market share, level 
and prices of imports, sources of supply, the situation of the 
exporter and any other aspect which may contribute to the 
examination of the situation. In the consultation the partners 
shall take due account whether newly marketed or well 
established products are involved; the mere appearance of a new 
product or products on the market may not necessarily be 
interpreted as a significant cause of material injury or as 
significantly contributing to market disruption. Such 
consultations shall be initiated promptly and concluded within 
ninety days of the request, unless otherwise agreed.
    B. Unless a different solution is agreed upon, restrictions 
or limitations determined by the importing Party to be 
necessary to prevent or remedy the market disruption in 
question shall be implemented. The other Party shall then be 
free to deviate from its obligations to the first Party in 
respect of substantially equivalent trade as provided in the 
General Agreement on Tariffs and Trade.
    C. In critical circumstances, where delay would cause 
damage difficult to repair, such preventive or remedial action 
may be taken provisionally without prior consultation on the 
condition that consultation shall be effected immediately after 
taking such action.
    2. A. In accordance with applicable laws and regulations, 
each Party shall take appropriate measures to ensure that 
export from its country of the products concerned do not exceed 
the quantities or vary from the restrictions established for 
imports of such products into the other country pursuant to 
paragraph 1 of this Annex.
    B. Each Party may take appropriate measures with respect to 
imports into its country to ensure that imports of products 
originating in the other country comply with such quantitative 
limitations or other restrictions.
 b. Agreement on Trade Relations Between the United States of America 
                   and the People's Republic of China

Done at Beijing, July 7, 1979; Presidential Proclamation 4697, October 
     23, 1979, 44 F.R. 61161; Entered into force, February 1, 1980

            by the president of the united states of america

                             A Proclamation

  As President of the United States of America, acting through 
my representatives, I entered into the negotiation of an 
agreement on trade relations between the United States of 
America and the People's Republic of China with representatives 
of the People's Republic of China;
  The negotiations were conducted in accordance with the 
requirements of the Trade Act of 1974 (P.L. 93-618, January 3, 
1975; 88 Stat. 1978) (``the Act'');
  An ``Agreement on Trade Relations between the United States 
of America and the People's Republic of China'', in English and 
Chinese, was signed on July 7, 1979, by representatives of the 
two Governments, and is annexed to this Proclamation;
  The Agreement conforms to the requirements relating to 
bilateral commercial agreements specified in section 405(b) of 
the Act;
  Article X of the Agreement provides that it shall come into 
force on the date on which the Contracting Parties have 
exchanged notifications that each has completed the legal 
procedures necessary for this purpose; and
  Section 405(c) of the Act provides that a bilateral 
commercial agreement and a proclamation implementing such 
agreement shall take effect only if approved by the Congress;

  Now, Therefore, I, Jimmy Carter, President of the United 
States of America, proclaim as follows:

          (1) This Proclamation shall become effective, said 
        Agreement shall enter into force according to its 
        terms, and nondiscriminatory treatment shall be 
        extended to the products of the People's Republic of 
        China in accordance with the terms of the said 
        Agreement, on the date on which the Contracting Parties 
        have exchanged notifications that each has completed 
        the legal procedures necessary for this purpose in 
        accordance with Article X of the said Agreement
          (2) General Headnote 3(e) of the Tariff Schedules of 
        the United States is amended by deleting therefrom 
        ``China (any part of which may be under Communist 
        domination or control)'' and ``Tibet'' as of the 
        effective date of this proclamation and a notice 
        thereof shall be published in the Federal Register 
        promptly thereafter.


  In Witness Whereof, I have hereunto set my hand this twenty-
third day of October, in the year of our Lord nineteen hundred 
and seventy-nine, and of the Independence of the United States 
of America the two hundred and fourth.
                                                      Jimmy Carter.

 Agreement on Trade Relations Between the United States of America and 
                   the People's Republic of China \1\

  The Government of the United States of America and the 
Government of the People's Republic of China;
---------------------------------------------------------------------------
    \1\ 31 UST 4651; TIAS 9630.

  Acting in the spirit of the Joint Communique on the 
Establishment of Diplomatic Relations between the United States 
---------------------------------------------------------------------------
of America and the People's Republic of China;

  Desiring to enhance friendship between both peoples;

  Wishing to develop further economic and trade relations 
between both countries on the basis of the principles of 
equality and mutual benefit as well as nondiscriminatory 
treatment;

  Have agreed as follows:

                               Article I

  1. The Contracting Parties undertake to adopt all appropriate 
measures to create the most favorable conditions for 
strengthening, in all aspects, economic and trade relations 
between the two countries so as to promote the continuous, 
long-term development of trade between the two countries.
  2. In order to strive for a balance in their economic 
interests, the Contracting Parties shall make every effort to 
foster the mutual expansion of their reciprocal trade and to 
contribute, each by its own means, to attaining the harmonious 
development of such trade.
  3. Commercial transactions will be effected on the basis of 
contracts between firms, companies and corporations, and 
trading organizations of the two countries. They will be 
concluded on the basis of customary international trade 
practice and commercial considerations such as price, quality, 
delivery and terms of payment.

                               Article II

  1. With a view to establishing their trade relations on a 
nondiscriminatory basis, the Contracting Parties shall accord 
each other most-favored-nation treatment with respect to 
products originating in or destined for the other Contracting 
Party, i.e., any advantage, favor, privilege, or immunity they 
grant to like products originating in or destined for any other 
country or region, in all matters regarding:
          (A) Customs duties and charges of all kinds applied 
        to the import, export, re-export or transit of 
        products, including the rules, formalities and 
        procedures for collection of such duties and charges;
          (B) Rules, formalities and procedures concerning 
        customs clearance, transit, warehousing and 
        transshipment of imported and exported products;
          (C) Taxes and other internal charges levied directly 
        or indirectly on imported or exported products or 
        services;
          (D) All laws, regulations and requirements affecting 
        all aspects of internal sale, purchase, transportation, 
        distribution or use of imported products; and
          (E) Administrative formalities for the issuance of 
        import and export licenses.
  2. In the event either Contracting Party applies quantitative 
restrictions to certain products originating in or exported to 
any third country or region, it shall afford to all like 
products originating in or exported to the other country 
treatment which is equitable to that afforded to such third 
country or region.
  3. The Contracting Parties note, and shall take into 
consideration in the handling of their bilateral trade 
relations, that, at its current state of economic development, 
China is a developing country.
  4. The principles of Paragraph 1 of this Article will be 
applied by the Contracting Parties in the same way as they are 
applied under similar circumstances under any multilateral 
trade agreement to which either Contracting Party is a party on 
the date of entry into force of this Agreement.
  5. The Contracting Parties agree to reciprocate 
satisfactorily concessions with regard to trade and services, 
particularly tariff and non-tariff barriers to trade, during 
the term of this Agreement.

                              Article III

  For the purpose of promoting economic and trade relations 
between their two countries, the Contracting Parties agree to:
          A. Accord firms, companies and corporations, and 
        trading organizations of the other Party treatment no 
        less favorable than is afforded to any third country or 
        region;
          B. Promote visits by personnel, groups and 
        delegations from economic, trade and industrial 
        circles; encourage commercial exchanges and contacts; 
        and support the holding of fairs, exhibitions and 
        technical seminars in each other's country;
          C. Permit and facilitate, subject to their respective 
        laws and regulations and in accordance with physical 
        possibilities, the stationing of representatives, or 
        the establishment of business offices, by firms, 
        companies and corporations, and trading organizations 
        of the other Party in its own territory; and
          D. Subject to their respective laws and regulations 
        and physical possibilities, further support trade 
        promotions and improve all conveniences, facilities and 
        related services for the favorable conduct of business 
        activities by firms, companies and corporations, and 
        trading organizations of the two countries, including 
        various facilities in respect of office space and 
        residential housing, telecommunications, visa issuance, 
        internal business travel, customs formalities for entry 
        and re-export of personal effects, office articles and 
        commercial samples, and observance of contracts.

                               Article IV

  The Contracting Parties affirm that government trade offices 
contribute importantly to the development of their trade and 
economic relations. They agree to encourage and support the 
trade promotion activities of these offices. Each Party 
undertakes to provide facilities as favorable as possible for 
the operation of these offices in accordance with their 
respective physical possibilities.

                               Article V

  1. Payments for transactions between the United States of 
America and the People's Republic of China shall either be 
effected in freely convertible currencies mutually accepted by 
firms, companies and corporations, and trading organizations of 
the two countries, or made otherwise in accordance with 
agreements signed by and between the two parties to the 
transaction. Neither Contracting Party may impose restrictions 
on such payments except in time of declared national emergency.
  2. The Contracting Parties agree, in accordance with their 
respective laws, regulations and procedures, to facilitate the 
availability of official export credits on the most favorable 
terms appropriate under the circumstances for transactions in 
support of economic and technological projects and products 
between firms, companies and corporations, and trading 
organizations of the two countries. Such credits will be the 
subject of separate arrangements by the concerned authorities 
of the two Contracting Parties.
  3. Each Contracting Party shall provide, on the basis of 
most- favored-nation treatment, and subject to its respective 
laws and regulations, all necessary facilities for financial, 
currency and banking transactions by nationals, firms, 
companies and corporations, and trading organizations of the 
other Contracting Party on terms as favorable as possible. Such 
facilities shall include all required authorizations for 
international payments, remittances and transfers, and uniform 
application of rates of exchange.
  4. Each Contracting Party will look with favor towards 
participation by financial institutions of the other country in 
appropriate aspects of banking services related to 
international trade and financial relations. Each Contracting 
Party will permit those financial institutions of the other 
country established in its territory to provide such services 
on a basis no less favorable than that accorded to financial 
institutions of other countries.

                               Article VI

  1. Both Contracting Parties in their trade relations 
recognize the importance of effective protection of patents, 
trademarks and copyrights.
  2. Both Contracting Parties agree that on the basis of 
reciprocity legal or natural persons of either Party may apply 
for registration of trademarks and acquire exclusive rights 
thereto in the territory of the other Party in accordance with 
its laws and regulations.
  3. Both Contracting Parties agree that each Party shall seek, 
under its laws and with due regard to international practice, 
to ensure to legal or natural persons of the other Party 
protection of patents and trademarks equivalent to the patent 
and trademark protection correspondingly accorded by the other 
Party.
  4. Both Contacting Parties shall permit and facilitate 
enforcement of provisions concerning protection of industrial 
property in contracts between firms, companies and 
corporations, and trading organizations of their respective 
countries, and shall provide means, in accordance with their 
respective laws, to restrict unfair competition involving 
unauthorized use of such rights.
  5. Both Contracting Parties agree that each Party shall take 
appropriate measures, under its laws and regulations and with 
due regard to international practice, to ensure to legal or 
natural persons of the other Party protection of copyrights 
equivalent to the copyright protection correspondingly accorded 
by the other Party.

                              Article VII

  1. The Contracting Parties shall exchange information on any 
problems that may arise from their bilateral trade, and shall 
promptly hold friendly consultations to seek mutually 
satisfactory solutions to such problems. No action shall be 
taken by either Contracting Party before such consultations are 
held.
  2. However, if consultations do not result in a mutually 
satisfactory solution within a reasonable period of time, 
either Contracting Party may take such measures as it deems 
appropriate. In an exceptional case where a situation does not 
admit any delay, either Contracting Party may take preventive 
or remedial action provisionally, on the condition that 
consultation shall be effected immediately after taking such 
action.
  3. When either Contracting Party takes measures under this 
Article, it shall ensure that the general objectives of this 
Agreement are not prejudiced.

                              Article VIII

  1. The Contracting Parties encourage the prompt and equitable 
settlement of any disputes arising from or in relation to 
contracts between their respective firms, companies and 
corporations, and trading organizations, through friendly 
consultations, conciliation or other mutually acceptable means.
  2. If such disputes cannot be settled promptly by any one of 
the above-mentioned means, the parties to the dispute may have 
recourse to arbitration for settlement in accordance with 
provisions specified in their contracts or other agreements to 
submit to arbitration. Such arbitration may be conducted by an 
arbitration institution in the People's Republic of China, the 
United States of America, or a third country. The arbitration 
rules of procedure of the relevant arbitration institution are 
applicable, and the arbitration rules of the United Nations 
Commission on International Trade Law recommended by the United 
Nations, or other international arbitration rules, may also be 
used where acceptable to the parties to the dispute and to the 
arbitration institution.
  3. Each Contracting Party shall seek to ensure that 
arbitration awards are recognized and enforced by their 
competent authorities where enforcement is sought, in 
accordance with applicable laws and regulations.

                               Article IX

  The provisions of this Agreement shall not limit the right of 
either Contracting Party to take any action for the protection 
of its security interests.

                               Article X

  1. This Agreement shall come into force on the date on which 
the Contracting Parties have exchanged notifications that each 
has completed the legal procedures necessary for this purpose, 
and shall remain in force for three years.
  2. This Agreement shall be extended for successive terms of 
three years if neither Contracting Party notifies the other of 
its intent to terminate this Agreement at least 30 days before 
the end of a term.
  3. If either Contracting Party does not have domestic legal 
authority to carry out its obligations under this Agreement, 
either Contracting Party may suspend application of this 
Agreement, or, with the agreement of the other Contracting 
Party, any part of this Agreement. In that event, the Parties 
will seek, to the fullest extent practicable in accordance with 
domestic law, to minimize unfavorable effects on existing trade 
relations between the two countries.
  4. The Contracting Parties agree to consult at the request of 
either Contracting Party to review the operation of this 
Agreement and other relevant aspects of the relations between 
the two Parties.

  In Witness Whereof; the authorized representatives of the 
Contracting Parties have signed this Agreement.

  Done at Beijing in two original copies this seventh day of 
July, 1979, in English and Chinese, both texts being equally 
authentic.
           2. Hostage Return and Economic Relations with Iran

a. Declaration of the Government of the Democratic and Popular Republic 
                               of Algeria

  The Government of the Democratic and Popular Republic of 
Algeria, having been requested by the Governments of the 
Islamic Republic of Iran and the United States of America to 
serve as an intermediary in seeking a mutually acceptable 
resolution of the crisis in their relations arising out of the 
detention of the 52 United States nationals in Iran, has 
consulted extensively with the two governments as to the 
commitments which each is willing to make in order to resolve 
the crisis within the framework of the four points stated in 
the resolution of November 2, 1980, of the Islamic Consultative 
Assembly of Iran. On the basis of formal adherences received 
from Iran and the United States, the Government of Algeria now 
declares that the following interdependent commitments have 
been made by the two governments:

                           general principles

  The undertakings reflected in this Declaration are based on 
the following general principles:
  A. Within the framework of and pursuant to the provisions of 
the two Declarations of the Government of the Democratic and 
Popular Republic of Algeria, the United States will restore the 
financial position of Iran, in so far as possible, to that 
which existed prior to November 14, 1979. In this context, the 
United States commits itself to ensure the mobility and free 
transfer of all Iranian assets within its jurisdiction, as set 
forth in Paragraphs 49.
  B. It is the purpose of both parties, within the framework of 
and pursuant to the provisions of the two Declarations of the 
Government of the Democratic and Popular Republic of Algeria, 
to terminate all litigation as between the Government of each 
party and the nationals of the other, and to bring about the 
settlement and termination of all such claims through binding 
arbitration. Through the procedures provided in the 
Declaration, relating to the Claims Settlement Agreement, the 
United States agrees to terminate all legal proceedings in the 
United States courts involving claims of United States persons 
and institutions against Iran and its state enterprises, to 
nullify all attachments and judgments obtained therein, to 
prohibit all further litigation based on such claims, and to 
bring about the termination of such claims through binding 
arbitration.

Point I. Non-Intervention in Iranian Affairs

  1. The United States pledges that it is and from now on will 
be the policy of the United States not to intervene, directly 
or indirectly, politically or militarily, in Iran's internal 
affairs.

Points II and III. Return of Iranian Assets and Settlement of U.S. 
        Claims

  2. Iran and the United States (hereinafter ``the parties'') 
will immediately select a mutually agreeable central bank 
(hereinafter ``the Central Bank'') to act, under the 
instructions of the Government of Algeria and the Central Bank 
of Algeria (hereinafter ``The Algerian Central Bank'') as 
depositary of the escrow and security funds hereinafter 
prescribed and will promptly enter into depositary arrangements 
with the Central Bank in accordance with the terms of this 
declaration. All funds places in escrow with the Central Bank 
pursuant to this declaration shall be held in an account in the 
name of the Algerian Central Bank. Certain procedures for 
implementing the obligations set forth in this Declaration and 
in the Declaration of the Democratic and Popular Republic of 
Algeria concerning the settlement of claims by the Government 
of the United States and the Government of the Islamic Republic 
of Iran (hereinafter ``the Claims Settlement Agreement'') are 
separately set forth in certain Undertakings of the Government 
of the United States of America and the Government of the 
Islamic Republic of Iran with respect to the Declaration of the 
Democratic and Popular Republic of Algeria.
  3. The depositary arrangement shall provide that, in the 
event that the Government of Algeria certifies to the Algerian 
Central Bank that the 52 U.S. nationals have safely departed 
from Iran, the Algerian Central Bank will thereupon instruct 
the Central Bank to transfer immediately all monies or other 
assets in escrow with the Central Bank pursuant to this 
declaration, provided that at any time prior to the making of 
such certification by the Government of Algeria, each of the 
two parties, Iran and the United States, shall have the right 
on seventy-two hours notice to terminate its commitments under 
this declaration.
  If such notice is given by the United States and the 
foregoing certification is made by the Government of Algeria 
within the seventy-two hour period of notice, the Algerian 
Central Bank will thereupon instruct the Central Bank to 
transfer such monies and assets. If the seventy-two hour period 
of notice by the United States expires without such a 
certification having been made, or if the notice of termination 
is delivered by Iran, the Algerian Central Bank will thereupon 
instruct the Central Bank to return all such monies and assets 
to the United States, and thereafter the commitments reflected 
in this declaration shall be of no further force and effect.

                   assets in the federal reserve bank

  4. Commencing upon completion of the requisite escrow 
arrangements with the Central Bank, the United States will 
bring about the transfer to the Central Bank of all gold 
bullion which is owned by Iran and which is in the custody of 
the Federal Reserve Bank of New York, together with all other 
Iranian assets (or the cash equivalent thereof) in the custody 
of the Federal Reserve Bank of New York, to be held by the 
Central Bank in escrow until such time as their transfer or 
return is required by Paragraph 3 above.

                assets in foreign branches of u.s. banks

  5. Commencing upon the completion of the requisite escrow 
arrangements with the Central Bank, the United States will 
bring about the transfer to the Central Bank, to the account of 
the Algerian Central Bank, of all Iranian deposits and 
securities which on or after November 14, 1979, stood upon the 
books of overseas banking offices of U.S. banks, together with 
interest thereon through December 31, 1980, to be held by the 
Central Bank, to the account of the Algerian Central Bank, in 
escrow until such time as their transfer or return is required 
in accordance with Paragraph 3 of this Declaration.

                 assets in u.s. branches of u.s. banks

  6. Commencing with the adherence by Iran and the United 
States to this declaration and the claims settlement agreement 
attached hereto, and following the conclusion of arrangements 
with the Central Bank for the establishment of the interest-
bearing security account specified in that agreement and 
Paragraph 7 below, which arrangements will be concluded within 
30 days from the date of this Declaration, the United States 
will act to bring about the transfer to the Central Bank, 
within six months from such date, of all Iranian deposits and 
securities in U.S. banking institutions in the United States, 
together with interest thereon, to be held by the Central Bank 
in escrow until such time as their transfer or return is 
required by Paragraph 3.
  7. As funds are received by the Central Bank pursuant to 
Paragraph 6 above, the Algerian Central Bank shall direct the 
Central Bank to (1) transfer one-half of each such receipt to 
Iran and (2) place the other half in a special interest-bearing 
security account in the Central Bank, until the balance in the 
security account has reached the level of $1 billion. After the 
$1 billion balance has been achieved, the Algerian Central Bank 
shall direct all funds received pursuant to Paragraph 6 to be 
transferred to Iran. All funds in the security account are to 
be used for the sole purpose of securing the payment of, and 
paying, claims against Iran in accordance with the claims 
settlement agreement. Whenever the Central Bank shall 
thereafter notify Iran that the balance in the security account 
has fallen below $500 million, Iran shall promptly make new 
deposits sufficient to maintain a minimum balance of $500 
million in the account. The account shall be so maintained 
until the President of the Arbitral Tribunal established 
pursuant to the claims settlement agreement has certified to 
the Central Bank of Algeria that all arbitral awards against 
Iran have been satisfied in accordance with the claims 
settlement agreement, at which point any amount remaining in 
the security account shall be transferred to Iran.

                  other assets in the u.s. and abroad

  8. Commencing with the adherence of Iran and the United 
States to this declaration and the attached claims settlement 
agreement and the conclusion of arrangements for the 
establishment of the security account, which arrangements will 
be concluded within 30 days from the date of this Declaration, 
the United States will act to bring about the transfer to the 
Central Bank of all Iranian financial assets (meaning funds or 
securities) which are located in the United States and abroad, 
apart from those assets referred to in Paragraphs 5 and 6 
above, to be held by the Central Bank in escrow until their 
transfer or return is required by Paragraph 3 above.
  9. Commencing with the adherence by Iran and the United 
States to this declaration and the attached claims settlement 
agreement and the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will arrange, subject to the provisions of U.S. law applicable 
prior to November 14, 1979, for the transfer to Iran of all 
Iranian properties which are located in the United States and 
abroad and which are not within the scope of the preceding 
paragraphs.

                 nullification of sanctions and claims

  10. Upon the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will revoke all trade sanctions which were directed against 
Iran in the period November 4, 1979, to date.
  11. Upon the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will promptly withdraw all claims now pending against Iran 
before the International Court of Justice and will thereafter 
bar and preclude the prosecution against Iran of any pending or 
future claims of the United States or a United States national 
arising out of events occurring before the date of this 
declaration related to (A) the seizure of the 52 United States 
nationals on November 4, 1979, (B) their subsequent detention, 
(C) injury to United States property or property of the United 
States nationals within the United States Embassy compound in 
Tehran after November 3, 1979, and (D) injury to the United 
States nationals or their property as a result of popular 
movements in the course of the Islamic Revolution in Iran which 
were not an act of the Government of Iran. The United States 
will also bar and preclude the prosecution against Iran in the 
courts of the United States of any pending or future claim 
asserted by persons other than the United States nationals 
arising out of the events specified in the preceding sentence.

Point IV. Return of the Assets of the Family of the Former Shah

  12. Upon the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will freeze, and prohibit any transfer of, property and assets 
in the United States within the control of the estate of the 
former Shah or of any close relative of the former Shah served 
as a defendant in U.S. litigation brought by Iran to recover 
such property and assets as belonging to Iran. As to any such 
defendant, including the estate of the former Shah, the freeze 
order will remain in effect until such litigation is finally 
terminated. Violation of the freeze order shall be subject to 
the civil and criminal penalties prescribed by U.S. law.
  13. Upon the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will order all persons within U.S. jurisdiction to report to 
the U.S. Treasury within 30 days, for transmission to Iran, all 
information known to them, as of November 3, 1979, and as of 
the date of the order, with respect to the property and assets 
referred to in Paragraph 12. Violation of the requirement will 
be subject to the civil and criminal penalties prescribed by 
U.S. law.
  14. Upon the making by the Government of Algeria of the 
certification described in Paragraph 3 above, the United States 
will make known, to all appropriate U.S. courts, that in any 
litigation of the kind described in Paragraph 12 above the 
claims of Iran should not be considered legally barred either 
by sovereign immunity principles or by the act of state 
doctrine and that Iranian decrees and judgments relating to 
such assets should be enforced by such courts in accordance 
with United States law.
  15. As to any judgment of a U.S. court which calls for the 
transfer of any property or assets to Iran, the United States 
hereby guarantees the enforcement of the final judgment to the 
extent that the property or assets exist within the United 
States.
  16. If any dispute arises between the parties as to whether 
the United States has fulfilled any obligation imposed upon it 
by Paragraphs 1215, inclusive, Iran may submit the dispute to 
binding arbitration by the tribunal established by, and in 
accordance with the provisions of, the claims settlement 
agreement. If the tribunal determines that Iran has suffered a 
loss as a result of a failure by the United States to fulfill 
such obligation, it shall make an appropriate award in favor of 
Iran which may be enforced by Iran in the courts of any nation 
in accordance with its laws.

                         settlement of disputes

  17. If any other dispute arises between the parties as to the 
interpretation or performance of any provision of this 
declaration, either party may submit the dispute to binding 
arbitration by the tribunal established by, and by accordance 
with the provisions of, the claims settlement agreement. Any 
decision of the tribunal with respect to such dispute, 
including any award of damages to compensate for a loss 
resulting from a breach of this declaration or the claims 
settlement agreement, may be enforced by the prevailing party 
in the courts of any nation in accordance with its laws.

  Initialed on January 19, 1981.

  By Warren M. Christopher,
          Deputy Secretary of State
                  of the Government of the United States.

  By virtue of the powers vested in him by his Government as 
deposited with the Government of Algeria.
b. Declaration of the Government of the Democratic and Popular Republic 
of Algeria Concerning the Settlement of Claims by the Government of the 
United States of America and the Government of the Islamic Republic of 
                                  Iran

  The Government of the Democratic and Popular Republic of 
Algeria, on the basis of formal notice of adherence received 
from the Government of the Islamic Republic of Iran and the 
Government of the United States of America, now declares that 
Iran and the United States have agreed as follows:

                               article i

  Iran and the United States will promote the settlement of the 
claims described in Article II by the parties directly 
concerned. Any such claims not settled within six months from 
the date of entry into force of this agreement shall be 
submitted to binding third-party arbitration in accordance with 
the terms of this agreement. The aforementioned six months' 
period may be extended once by three months at the request of 
either party.

                               article ii

  1. An International Arbitral Tribunal (the Iran-United States 
Claims Tribunal) is hereby established for the purpose of 
deciding claims of nationals of the United States against Iran 
and claims of nationals of Iran against the United States, and 
any counterclaim which arises out of the same contract, 
transaction or occurrence that constitutes the subject matter 
of that national's claim, if such claims and counterclaims are 
outstanding on the date of this agreement, whether or not filed 
with any court, and arise out of debts, contracts (including 
transactions which are the subject of letters of credit or bank 
guarantees), expropriations or other measures affecting 
property rights, excluding claims described in Paragraph 11 of 
the Declaration of the Government of Algeria of January 19, 
1981, and claims arising out of the actions of the United 
States in response to the conduct described in such paragraph, 
and excluding claims arising under a binding contract between 
the parties specifically providing that any disputes thereunder 
shall be within the sole jurisdiction of the competent Iranian 
courts in response to the Majlis position.
  2. The Tribunal shall also have jurisdiction over official 
claims of the United States and Iran against each other arising 
out of contractual arrangements between them for the purchase 
and sale of goods and services.
  3. The Tribunal shall have jurisdiction, as specified in 
Paragraphs 16-17 of the Declaration of the Government of 
Algeria of January 19, 1981, over any dispute as to the 
interpretation of performance of any provision of that 
declaration.

                              article iii

  1. The Tribunal shall consist of nine members or such larger 
multiple of three as Iran and the United States may agree are 
necessary to conduct its business expeditiously. Within ninety 
days after the entry into force of this agreement, each 
government shall appoint one-third of the members. Within 
thirty days after their appointment, the members so appointed 
shall by mutual agreement select the remaining third of the 
members and appoint one of the remaining third President of the 
Tribunal. Claims may be decided by the full Tribunal or by a 
panel of three members of the Tribunal as the President shall 
determine. Each such panel shall be composed by the President 
and shall consist of one member appointed by each of the three 
methods set forth above.
  2. Members of the Tribunal shall be appointed and the 
Tribunal shall conduct its business in accordance with the 
arbitration rules of the United Nations Commission on 
International Trade Law (UNCITRAL) except to the extent 
modified by the parties or by the Tribunal to ensure that this 
agreement can be carried out. The UNCITRAL rules for appointing 
members of three-member Tribunals shall apply mutatis mutandis 
to the appointment of the Tribunal.
  3. Claims of nationals of the United States and Iran that are 
within the scope of this agreement shall be presented to the 
Tribunal either by claimants themselves, or, in the case of 
claims of less than $250,000, by the Government of such 
national.
  4. No claim may be filed with the Tribunal more than one year 
after the entry into force of this agreement or six months 
after the date the President is appointed, whichever is later. 
These deadlines do not apply to the procedures contemplated by 
Paragraphs 16 and 17 of the Declaration of the Government of 
Algeria of January 19, 1981.

                               article iv

  1. All decisions and awards of the Tribunal shall be final 
and binding.
  2. The President of the Tribunal shall certify, as prescribed 
in Paragraph 7 of the Declaration of the Government of Algeria 
of January 19, 1981, when all arbitral awards under this 
agreement have been satisfied.
  3. Any award which the Tribunal may render against either 
government shall be enforceable against such government in the 
courts of any nation in accordance with its laws.

                               article v

  The Tribunal shall decide all cases on the basis of respect 
for law, applying such choice of law rules and principles of 
commercial and international law as the Tribunal determines to 
be applicable, taking into account relevant usages of the 
trade, contract provisions and changed circumstances.

                               article vi

  1. The seat of the Tribunal shall be The Hague, The 
Netherlands, or any other place agreed by Iran and the United 
States.
  2. Each government shall designate an agent at the seat of 
the Tribunal to represent it to the Tribunal and to receive 
notices or other communications directed to it or to its 
nationals, agencies, instrumentalities, or entities in 
connection with proceedings before the Tribunal.
  3. The expenses of the Tribunal shall be borne equally by the 
two governments.
  4. Any question concerning the interpretation or application 
of this agreement shall be decided by the Tribunal upon the 
request of either Iran or the United States.

                              article vii

  For the purposes of this agreement:
  1. A ``national'' of Iran or of the United States, as the 
case may be, means (a) a natural person who is a citizen of 
Iran or the United States; and (b) a corporation or other legal 
entity which is organized under the laws of Iran or the United 
States or any of its states or territories, the District of 
Columbia or the Commonwealth of Puerto Rico, if, collectively, 
natural persons who are citizens of such country hold, 
directly, or indirectly, an interest in such corporation or 
entity equivalent to fifty percent or more of its capital 
stock.
  2. ``Claims of nationals'' of Iran or the United States, as 
the case may be, means claims owned continuously, from the date 
on which the claim arose to the date on which this agreement 
enters into force, by nationals of that state, including claims 
that are owned indirectly by such nationals through ownership 
of capital stock or other proprietary interests in juridical 
persons, provided that the ownership interests of such 
nationals, collectively, were sufficient at the time the claim 
arose to control the corporation or other entity, and provided, 
further, that the corporation or other entity is not itself 
entitled to bring a claim under the terms of this agreement. 
Claims referred to the Arbitral Tribunal shall, as of the date 
of filings of such claims with the Tribunal, be considered 
excluded from the jurisdiction of the courts of Iran, or of the 
United States, or of any other court.
  3. ``Iran'' means the Government of Iran, any political 
subdivision of Iran, and any agency, instrumentality, or entity 
controlled by the Government of Iran or any political 
subdivision thereof.
  4. The ``United States'' means the Government of the United 
States, any political subdivision of the United States, any 
agency, instrumentality or entity controlled by the Government 
of the United States or any political subdivision thereof.

                              article viii

  This agreement shall enter into force when the Government of 
Algeria has received from both Iran and the United States a 
notification of adherence to the agreement.

  Initialed on January 19, 1981.

  By Warren M. Christopher,
          Deputy Secretary of State
                  of the Government of the United States.

  By virtue of the powers vested in him by his Government as 
deposited with the Government of Algeria.
 3. World Trade Organization and the General Agreement on Tariffs and 
                                 Trade

    a. The General Agreement on Tariffs and Trade, 1947, as amended

                                CONTENTS

                                                                   Page
Part I:
    Article I--General Most-Favoured-Nation Treatment............  1532
    Article II--Schedules of Concessions.........................  1533
Part II:
    Article III--National Treatment on Internal Taxation and 
      Regulation.................................................  1535
    Article IV--Special Provisions Relating to Cinematograph 
      Films......................................................  1536
    Article V--Freedom of Transit................................  1537
    Article VI--Anti-dumping and Countervailing Duties...........  1538
    Article VII--Valuation for Customs Purposes..................  1540
    Article VIII--Fees and Formalities connected with Importation 
      and Exportation............................................  1541
    Article IX--Marks of Origin..................................  1542
    Article X--Publication and Administration of Trade 
      Regulations................................................  1543
    Article XI--General Elimination of Quantitative Restrictions.  1545
    Article XII--Restrictions to Safeguard the Balance of 
      Payments...................................................  1545
    Article XIII--Non-discriminatory Administration of 
      Quantitative Restrictions..................................  1547
    Article XIV--Exceptions to the Rule of Non-discrimination....  1549
    Article XV--Exchange Arrangements............................  1550
    Article XVI--Subsidies.......................................  1551
        Section A--Subsidies in General..........................  1551
        Section B--Additional Provisions on Export Subsidies.....  1552
    Article XVII--State Trading Enterprises......................  1552
    Article XVIII--Governmental Assistance to Economic 
      Development................................................  1554
        Section A................................................  1555
        Section B................................................  1555
        Section C................................................  1558
        Section D................................................  1560
    Article XIX--Emergency Action on Imports of Particular 
      Products...................................................  1560
    Article XX--General Exceptions...............................  1561
    Article XXI--Security Exceptions.............................  1562
    Article XXII--Consultation...................................  1562
    Article XXIII--Nullification or Impairment...................  1563
Part III:
    Article XXIV--Territorial Application--Frontier Traffic--
      Customs Unions and Free-trade Areas........................  1564
    Article XXV--Joint Action by the Contracting Parties.........  1566
    Article XXVI--Acceptance, Entry Into Force and Registration..  1567
    Article XXVII--Withholding or Withdrawal of Concessions......  1568
    Article XXVIII--Modification of Schedules....................  1568
    Article XXVIII Bis--Tariff Negotiations......................  1570
    Article XXIX--The Relation of This Agreement to the Havana 
      Charter....................................................  1571
    Article XXX--Amendments......................................  1571
    Article XXXI--Withdrawal.....................................  1572
    Article XXXII--Contracting Parties...........................  1572
    Article XXXIII--Accession....................................  1572
    Article XXXIV--Annexes.......................................  1573
    Article XXXV--Non-application of the Agreement Between 
      Particular Contracting Parties.............................  1573
Part IV--Trade and Development:
    Article XXXVI--Principles and Objectives.....................  1573
    Article XXXVII--Commitments..................................  1574
    Article XXXVIII--Joint Action................................  1576
Annexes A to G--Relating to Article I............................  1577
Annex H--Relating to Article XXVI................................  1579
Annex I--Notes and Supplementary Provisions......................  1580
Protocol of Provisional Application of the General Agreement on 
  Tariffs and Trade..............................................  1594
 a. The General Agreement on Tariffs and Trade, 1947,\1\ as amended \2\

 Final act signed at Geneva at the conclusion of the second session of 
the Preparatory Committee of the United Nations Conference on Trade and 
 Employment, October 30, 1947; Opened for signature at Geneva, October 
   30, 1947; Entered into force for the United States January 1, 1948

                 General Agreement on Tariffs and Trade

  The Governments of the Commonwealth of Australia, the Kingdom 
of Belgium, the United States of Brazil, Burma, Canada, Ceylon, 
the Republic of Chile, the Republic of China, the Republic of 
Cuba, the Czechoslovak Republic, the French Republic, India, 
Lebanon, the Grand-Duchy of Luxemburg, the Kingdom of the 
Netherlands, New Zealand, the Kingdom of Norway, Pakistan, 
Southern Rhodesia, Syria, the Union of South Africa, the United 
Kingdom of Great Britain and Northern Ireland, and the United 
States of America:
---------------------------------------------------------------------------
    \1\ 61 Stat. parts (5) and (6); TIAS 1700; 4 Bevans 639; 5561 UNTS. 
The abbreviation ``GATT'' is used in the footnotes in referring to the 
General Agreement on Tariffs and Trade. The General Agreement is 
reproduced here as amended by various protocols, including those parts 
of the Protocol Amending the Preamble and Parts II and III and the 
Proces-Verbal of Rectification concerning that Protocol which became 
effective for two-thirds of the contracting parties, including the 
United States, on October 7, 1957, and February 15, 1961 (Article XIV).
    \2\ The Protocols and Proces-Verbal of Rectification modifying the 
GATT are as follows:
    (a) Protocol modifying certain provisions of the General Agreement. 
Signed at Havana March 24, 1948; entered into force for the United 
States April 15, 1948. 62 Stat. 1992; TIAS 1763; 4 Bevans 708; 62 UNTS 
30.
    (b) Special Protocol modifying Article XIV of the General 
Agreement. Signed at Havana March 24, 1948; entered into force for the 
United States April 19, 1948. 62 Stat. 2000; TIAS 1764; 4 Bevans 712; 
62 UNTS 40.
    (c) Special Protocol relating to Article XXIV of the General 
Agreement. Signed at Havana March 24, 1948; entered into force for the 
United States June 7, 1948. 62 Stat. 2013; TIAS 1765; 4 Bevans 719; 62 
UNTS 56.
    (d) Protocol modifying Part II and Article XXVI of the General 
Agreement. Signed at Geneva September 14, 1948; entered into force for 
the United States December 14, 1948, 62 Stat. 3679; TIAS 1890; 4 Bevans 
769; 62 UNTS 80.
    (e) Protocol modifying Article XXVI of the General Agreement. Dated 
at Annecy August 13, 1949; entered into force for the United States 
March 28, 1950. 2 UST 1583; TIAS 2300; 62 UNTS 113.
    (f) Protocol modifying Part I and Article XXIX of the General 
Agreement. Signed at Geneva September 14, 1948; entered into force for 
the United States September 24, 1952. 3 UST 5355; TIAS 2744; 138 UNTS 
334.
    (g) Protocol amending the Preamble and Parts II and III of the 
General Agreement. Done at Geneva March 10, 1955; entered into force 
for the United States October 7, 1957. 8 UST 1767; TIAS 3930; 278 UNTS 
168.
    (h) Fourth Protocol of rectifications and modifications to the 
Annexes and to the text of the Schedules to the GATT. Done at Geneva 
March 7, 1955. 10 UST 217; TIAS 4186; 324 UNTS 300.
    (i) Amendment: December 3, 1955. 19 UST 4638; TIAS 6452; 278 UNTS 
246.
    (j) Protocol to introduce Part IV. Done at Geneva February 8, 1965; 
signed by the United States February 8, 1965; entered into force June 
27, 1966. 17 UST 1977; TIAS 6139; 572 UNTS 320.

  Recognizing that their relations in the field of trade and 
economic endeavour should be conducted with a view to raising 
standards of living, ensuring full employment and a large and 
steadily growing volume of real income and effective demand, 
developing the full use of the resources of the world and 
---------------------------------------------------------------------------
expanding the production and exchange of goods.

  Being desirous of contributing to these objectives by 
entering into reciprocal and mutually advantageous arrangements 
directed to the substantial reduction of tariffs and other 
barriers to trade and to the elimination of discriminatory 
treatment in international commerce,

  Have through their Representatives agreed as follows:

                                 PART I

           Article I--General Most-Favoured-Nation Treatment

  1. With respect to customs duties and charges of any kind 
imposed on or in connection with importation or exportation or 
imposed on the international transfer of payments for imports 
or exports, and with respect to the method of levying such 
duties and charges, and with respect to all rules and 
formalities in connection with importation and exportation, and 
with respect to all matters referred to in paragraphs 2 and 4 
of Article III, any advantage, favour, privilege or immunity 
granted by any contracting party to any product originating in 
or destined for any other country shall be accorded immediately 
and unconditionally to the like product originating in or 
destined for the territories of all other contracting parties.
  2. The provisions of paragraph 1 of this Article shall not 
require the elimination of any preferences in respect of import 
duties or charges which do not exceed the levels provided for 
in paragraph 4 of this Article and which fall within the 
following descriptions:
          (a) preferences in force exclusively between two or 
        more of the territories listed in Annex A, subject to 
        the conditions set forth therein;
          (b) preferences in force exclusively between two or 
        more territories which on July 1, 1939, were connected 
        by common sovereignty or relations of protection or 
        suzerainty and which are listed in Annexes B, C and D, 
        subject to the conditions set forth therein;
          (c) preferences in force exclusively between the 
        United States of America and the Republic of Cuba;
          (d) preferences in force exclusively between 
        neighbouring countries listed in Annexes E and F.
  3.\3\ The provisions of paragraph 1 shall not apply to 
preferences between the countries formerly a part of the 
Ottoman Empire and detached from it on July 24, 1923, provided 
such preferences are approved under subparagraph 5 (a) \4\ of 
Article XXV, which shall be applied in this respect in the 
light of paragraph 1 of Article XXIX.
---------------------------------------------------------------------------
    \3\ Part A of Protocol Modifying Part I and Article XXIX of the 
GATT (3 UST 5356) added para. 3 and renumbered para. 3 as para. 4.
    \4\ As signed; should probably read ``paragraph 5''.
---------------------------------------------------------------------------
  4. The margin of preference on any product in respect of 
which a preference is permitted under paragraph 2 of this 
Article but is not specifically set forth as a maximum margin 
of preference in the appropriate Schedule annexed to this 
Agreement shall not exceed:
          (a) in respect of duties or charges on any product 
        described in such Schedule, the difference between the 
        most-favored-nation and preferential rates provided for 
        therein; if no preferential rate is provided for, the 
        preferential rate shall for the purposes of this 
        paragraph be taken to be that in force on April 10, 
        1947, and, if no most-favoured-nation rate is provided 
        for, the margin shall not exceed the difference between 
        the most-favoured-nation and preferential rates 
        existing on April 10, 1947;
          (b) in respect of duties or charges on any product 
        not described in the appropriate Schedule, the 
        difference between the most-favoured-nation and 
        preferential rates existing on April 10, 1947.
  In the case of the contracting parties named in Annex G, the 
date of April 10, 1947, referred to in sub-paragraphs (a) and 
(b) of this paragraph shall be replaced by the respective dates 
set forth in that Annex.

                  Article II--Schedules of Concessions

  1. (a) Each contracting party shall accord to the commerce of 
the other contracting parties treatment no less favourable than 
that provided for in the appropriate Part of the appropriate 
Schedule annexed to this Agreement.
  (b) The products described in Part I of the Schedule relating 
to any contracting party, which are the products of territories 
of other contracting parties, shall, on their importation into 
the territory to which the Schedule relates, and subject to the 
terms, conditions or qualifications set forth in that Schedule, 
be exempt from ordinary customs duties in excess of those set 
forth and provided for therein. Such products shall also be 
exempt from all other duties or charges of any kind imposed on 
or in connection with importation in excess of those imposed on 
the date of this Agreement or those directly and mandatorily 
required to be imposed thereafter by legislation in force in 
the importing territory on that date.
  (c) The products described in Part II of the Schedule 
relating to any contracting party which are the products of 
territories entitled under Article I to receive preferential 
treatment upon importation into the territory to which the 
Schedule relates shall, on their importation into such 
territory, and subject to the terms, conditions or 
qualifications set forth in that Schedule, be exempt from 
ordinary customs duties in excess of those set forth and 
provided for in Part II of that Schedule. Such products shall 
also be exempt from all other duties or charges of any kind 
imposed on or in connection with importation in excess of those 
imposed on the date of this Agreement or those directly and 
mandatorily required to be imposed thereafter by legislation in 
force in the importing territory on that date. Nothing in this 
Article shall prevent any contracting party from maintaining 
its requirements existing on the date of this Agreement as to 
the eligibility of goods for entry at preferential rates of 
duty.
  2. Nothing in this Article shall prevent any contracting 
party from imposing at any time on the importation of any 
product:
          (a) a charge equivalent to an internal tax imposed 
        consistently with the provisions of paragraph 2 of 
        Article III in respect of the like domestic product or 
        in respect of an article from which the imported 
        product has been manufactured or produced in whole or 
        in part;
          (b) any anti-dumping or countervailing duty applied 
        consistently with the provisions of Article VI;
          (c) fees or other charges commensurate with the cost 
        of services rendered.
  3. No contracting party shall alter its method of determining 
dutiable value or of converting currencies so as to impair the 
value of any of the concessions provided for in the appropriate 
Schedule annexed to this Agreement.
  4. If any contracting party establishes, maintains or 
authorizes, formally or in effect, a monopoly of the 
importation of any product described in the appropriate 
Schedule annexed to this Agreement, such monopoly shall not, 
except as provided for in that Schedule or as otherwise agreed 
between the parties which initially negotiated the concession, 
operate so as to afford protection on the average in excess of 
the amount of protection provided for in that Schedule. The 
provisions of this paragraph shall not limit the use by 
contracting parties of any form of assistance to domestic 
producers permitted by other provisions of this Agreement.
  5. If any contracting party considers that a product is not 
receiving from another contracting party the treatment which 
the first contracting party believes to have been contemplated 
by a concession provided for in the appropriate Schedule 
annexed to this Agreement, it shall bring the matter directly 
to the attention of the other contracting party. If the latter 
agrees that the treatment contemplated was that claimed by the 
first contracting party, but declares that such treatment 
cannot be accorded because a court or other proper authority 
has ruled to the effect that the product involved cannot be 
classified under the tariff laws of such contracting party so 
as to permit the treatment contemplated in this Agreement, the 
two contracting parties, together with any other contracting 
parties substantially interested, shall enter promptly into 
further negotiations with a view to a compensatory adjustment 
of the matter.
  6. (a) The specific duties and charges included in the 
Schedules relating to contracting parties members of the 
International Monetary Fund, and margins of preference in 
specific duties and charges maintained by such contracting 
parties, are expressed in the appropriate currency at the par 
value accepted or provisionally recognized by the Fund at the 
date of this Agreement. Accordingly, in case this par value is 
reduced consistently with the Articles of Agreement of the 
International Monetary Fund by more than twenty per centum, 
such specific duties and charges and margins of preference may 
be adjusted to take account of such reduction; Provided, That 
the Contracting Parties (i.e., the contracting parties acting 
jointly as provided for in Article XXV) concur that such 
adjustments will not impair the value of the concessions 
provided for in the appropriate Schedule or elsewhere in this 
Agreement, due account being taken of all factors which may 
influence the need for, or urgency of, such adjustments.
  (b) Similar provisions shall apply to any contracting party 
not a member of the Fund, as from the date on which such 
contracting party becomes a member of the Fund or enters into a 
special exchange agreement in pursuance of Article XV.
  7. The Schedules annexed to this Agreement are hereby made an 
integral part of Part I of this Agreement.

                                PART II

Article III--National Treatment on Internal Taxation and Regulation \5\

  1. The contracting parties recognize that internal taxes and 
other internal charges, and laws, regulations and requirements 
affecting the internal sale, offering for sale, purchase, 
transportation, distribution or use of products, and internal 
quantitative regulations requiring the mixture, processing or 
use of products in specified amounts or proportions, should not 
be applied to imported or domestic products so as to afford 
protection to domestic production.
---------------------------------------------------------------------------
    \5\ The Protocol Modifying Part II and Article XXVI of the GATT (62 
Stat. 3679) amended Article III.
---------------------------------------------------------------------------
  2. The products of the territory of any contracting party 
imported into the territory of any other contracting party 
shall not be subject, directly or indirectly to internal taxes 
or other internal charges of any kind in excess of those 
applied, directly or indirectly, to like domestic products. 
Moreover, no contracting party shall otherwise apply internal 
taxes or other internal charges to imported or domestic 
products in a manner contrary to the principles set forth in 
paragraph 1.
  3. With respect to any existing tax which is inconsistent 
with the provisions of paragraph 2, but which is specifically 
authorized under a trade agreement, in force on April 10, 1947, 
in which the import duty on the taxed product is bound against 
increase, the contracting party imposing the tax shall be free 
to postpone the application of the provisions of paragraph 2 to 
such tax until such time as it can obtain release from the 
obligations of such trade agreement in order to permit the 
increase of such duty to the extent necessary to compensate for 
the elimination of the protective element of the tax.
  4. The products of the territory of any contracting party 
imported into the territory of any other contracting party 
shall be accorded treatment no less favorable than that 
accorded to like products of national origin in respect of all 
laws, regulations and requirements affecting their internal 
sale, offering for sale, purchase, transportation, distribution 
or use. The provisions of this paragraph shall not prevent the 
application of differential internal transportation charges 
which are based exclusively on the economic operation of the 
means of transport and not on the nationality of the product.
  5. No contracting party shall establish or maintain any 
internal quantitative regulation relating to the mixture, 
processing or use of products in specified amounts or 
proportions which requires, directly or indirectly, that any 
specified amount or proportion of any product which is the 
subject of the regulation must be supplied from domestic 
sources. Moreover, no contracting party shall otherwise apply 
internal quantitative regulations in a manner contrary to the 
principles set forth in paragraph 1.
  6. The provisions of paragraph 5 shall not apply to any 
internal quantitative regulation in force in the territory of 
any contracting party on July 1, 1939, April 10, 1947, or March 
24, 1948, at the option of that contracting party; Provided, 
That any such regulation which is contrary to the provisions of 
paragraph 5 shall not be modified to the detriment of imports 
and shall be treated as a customs duty for the purpose of 
negotiation.
  7. No internal quantitative regulation relating to the 
mixture, processing or use of products in specified amounts or 
proportions shall be applied in such a manner as to allocate 
any such amount or proportion among external sources of supply.
  8. (a) The provisions of this Article shall not apply to 
laws, regulations or requirements governing the procurement by 
governmental agencies of products purchased for governmental 
purposes and not with a view to commercial resale or with a 
view to use in the production of goods for commercial sale.
  (b) The provisions of this Article shall not prevent the 
payment of subsidies exclusively to domestic producers, 
including payments to domestic producers derived from the 
proceeds of internal taxes or charges applied consistently with 
the provisions of this Article and subsidies effected through 
governmental purchases of domestic products.
  9. The contracting parties recognize that internal maximum 
price control measures, even though conforming to the other 
provisions of this Article, can have effects prejudicial to the 
interests of contracting parties supplying imported products. 
Accordingly, contracting parties applying such measures shall 
take account of the interests of exporting contracting parties 
with a view to avoiding to the fullest practicable extent such 
prejudicial effects.
  10. The provisions of this Article shall not prevent any 
contracting party from establishing or maintaining internal 
quantitative regulations relating to exposed cinematograph 
films and meeting the requirements of Article IV.

     Article IV--Special Provisions Relating to Cinematograph Films

  If any contracting party establishes or maintains internal 
quantitative regulations relating to exposed cinematograph 
films, such regulations shall take the form of screen quotas 
which shall conform to the following requirements:
          (a) Screen quotas may require the exhibition of 
        cinematograph films of national origin during a 
        specified minimum proportion of the total screen time 
        actually utilized, over a specified period of not less 
        than one year, in the commercial exhibition of all 
        films of whatever origin, and shall be computed on the 
        basis of screen time per theatre per year or the 
        equivalent thereof;
          (b) With the exception of screen time reserved for 
        films of national origin under a screen quota, screen 
        time including that released by administrative action 
        from screen time reserved for films of national origin, 
        shall not be allocated formally or in effect among 
        sources of supply;
          (c) Notwithstanding the provisions of sub-paragraph 
        (b) of this Article, any contracting party may maintain 
        screen quotas conforming to the requirements of sub-
        paragraph (a) of this Article which reserve a minimum 
        proportion of screen time for films of a specified 
        origin other than that of the contracting party 
        imposing such screen quotas; Provided, That no such 
        minimum proportion of screen time shall be increased 
        above the level in effect on April 10, 1947;
          (d) Screen quotas shall be subject to negotiation for 
        their limitation, liberalization or elimination.

                     Article V--Freedom of Transit

  1. Goods (including baggage), and also vessels and other 
means of transport, shall be deemed to be in transit across the 
territory of a contracting party when the passage across such 
territory, with or without trans-shipment, warehousing, 
breaking bulk, or change in the mode of transport, is only a 
portion of a complete journey beginning and terminating beyond 
the frontier of the contracting party across whose territory 
the traffic passes. Traffic of this nature is termed in this 
Article ``traffic in transit''.
  2. There shall be freedom of transit through the territory of 
each contracting party, via the routes most convenient for 
international transit, for traffic in transit to or from the 
territory of other contracting parties. No distinction shall be 
made which is based on the flag of vessels, the place of 
origin, departure, entry, exit or destination, or on any 
circumstances relating to the ownership of goods, of vessels or 
of other means of transport.
  3. Any contracting party may require that traffic in transit 
through its territory be entered at the proper custom house, 
but, except in cases of failure to comply with applicable 
customs laws and regulations, such traffic coming from or going 
to the territory of other contracting parties shall not be 
subject to any unnecessary delays or restrictions and shall be 
exempt from customs duties and from all transit duties or other 
charges imposed in respect of transit, except charges for 
transportation of those commensurate with administrative 
expenses entailed by transit or with the cost of services 
rendered.
  4. All charges and regulations imposed by contracting parties 
on traffic in transit to or from the territories of other 
contracting parties shall be reasonable, having regard to the 
conditions of the traffic.
  5. With respect to all charges, regulations and formalities 
in connection with transit, each contracting party shall accord 
to traffic in transit to or from the territory of any other 
contracting party treatment no less favourable than the 
treatment accorded to traffic in transit to or from any third 
country.
  6. Each contracting party shall accord to products which have 
been in transit through the territory of any other contracting 
party treatment no less favourable than that which would have 
been accorded to such products had they been transported from 
their place of origin to their destination without going 
through the territory of such other contracting party. Any 
contracting party shall, however, be free to maintain its 
requirements of direct consignment existing on the date of this 
Agreement, in respect of any goods in regard to which such 
direct consignment is a requisite condition of eligibility for 
entry of the goods at preferential rates of duty or has 
relation to the contracting party's prescribed method of 
valuation for duty purposes.
  7. The provisions of this Article shall not apply to the 
operation of aircraft in transit, but shall apply to air 
transit of goods (including baggage).

         Article VI--Antidumping and Countervailing Duties \6\

  1. The contracting parties recognize that dumping, by which 
products of one country are introduced into the commerce of 
another country at less than the normal value of the products, 
is to be condemned if it causes or threatens material injury to 
an established industry in the territory of a contracting party 
or materially retards the establishment of a domestic industry. 
For the purposes of this Article, a product is to be considered 
as being introduced into the commerce of an importing country 
at less than its normal value, if the price of the product 
exported from one country to another
---------------------------------------------------------------------------
    \6\ The Protocol Modifying Part II and Article XXVI of the GATT (62 
Stat. 3679) amended Article VI.
---------------------------------------------------------------------------
          (a) is less than the comparable price, in the 
        ordinary course of trade, for the like product when 
        destined for consumption in the exporting country, or,
          (b) in the absence of such domestic price, is less 
        than either
                  (i) the highest comparable price for the like 
                product for export to any third country in the 
                ordinary course of trade, or
                  (ii) the cost of production of the product in 
                the country of origin plus a reasonable 
                addition for selling cost and profit.
Due allowance shall be made in each case for differences in 
conditions and terms of sale, for differences in taxation, and 
for other differences affecting price comparability.
  2. In order to offset or prevent dumping, a contracting party 
may levy on any dumped product an anti-dumping duty not greater 
in amount than the margin of dumping in respect of such 
product. For the purposes of this Article, the margin of 
dumping is the price difference determined in accordance with 
the provisions of paragraph 1.
  3. No countervailing duty shall be levied on any product of 
the territory of any contracting party imported into the 
territory of another contracting party in excess of an amount 
equal to the estimated bounty or subsidy determined to have 
been granted, directly or indirectly, on the manufacture, 
production or export of such product in the country of origin 
or exportation, including any special subsidy to the 
transportation of a particular product. The term 
``countervailing duty'' shall be understood to mean a special 
duty levied for the purpose of offsetting any bounty or subsidy 
bestowed, directly or indirectly, upon the manufacture, 
production or export of any merchandise.
  4. No product of the territory or any contracting party 
imported into the territory of any other contracting party 
shall be subject to anti-dumping or countervailing duty by 
reason of the exemption of such product from duties or taxes 
borne by the like product when destined for consumption in the 
country of origin or exportation, or by reason of the refund of 
such duties or taxes.
  5. No product of the territory of any contracting party 
imported into the territory of any other contracting party 
shall be subject to both anti-dumping and countervailing duties 
to compensate for the same situation of dumping or export 
subsidization.
  6.\7\ (a) No contracting party shall levy any anti-dumping or 
countervailing duty on the importation of any product of the 
territory of another contracting party unless it determines 
that the effect of the dumping or subsidization, as the case 
may be, is such as to cause or threaten material injury to an 
established domestic industry, or is such as to retard 
materially the establishment of a domestic industry.
---------------------------------------------------------------------------
    \7\ Sec. D of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1769) amended subsec. (a).
---------------------------------------------------------------------------
  (b) The contracting parties may waive the requirement of sub-
paragraph (a) of this paragraph so as to permit a contracting 
party to levy an anti-dumping or countervailing duty on the 
importation of any product for the purpose of offsetting 
dumping or subsidization which causes or threatens material 
injury to an industry in the territory of another contracting 
party exporting the product concerned to the territory of the 
importing contracting party. The contracting parties shall 
waive the requirements of sub-paragraph (a) of this paragraph, 
so as to permit the levying of a countervailing duty, in cases 
in which they find that a subsidy is causing or threatening 
material injury to an industry in the territory of another 
contracting party exporting the product concerned to the 
territory of the importing contracting party.
  (c) In exceptional circumstances, however, where delay might 
cause damage which would be difficult to repair, a contracting 
party may levy a countervailing duty for the purpose referred 
to in subparagraph (b) of this paragraph without the prior 
approval of the contracting parties; Provided, That such action 
shall be reported immediately to the contracting parties and 
that the countervailing duty shall be withdrawn promptly if the 
contracting parties disapprove.
  7. A system for the stabilization of the domestic price or of 
the return to domestic producers of a primary commodity, 
independently of the movements of export prices, which results 
at times in the sale of the commodity for export at a price 
lower than the comparable price charged for the like commodity 
to buyers in the domestic market, shall be presumed not to 
result in material injury within the meaning of paragraph 6 if 
it is determined by consultation among the contracting parties 
substantially interested in the commodity concerned that:
          (a) the system has also resulted in the sale of the 
        commodity for export at a price higher than the 
        comparable price charged for the like commodity to 
        buyers in the domestic market, and
          (b) the system is so operated, either because of the 
        effective regulation of production, or otherwise, as 
        not to stimulate exports unduly or otherwise seriously 
        prejudice the interests of other contracting parties.

            Article VII--Valuation for Customs Purposes \8\

  1.\8\ The contracting parties recognize the validity of the 
general principles of valuation set forth in the following 
paragraphs of this Article, and they undertake to give effect 
to such principles, in respect of all products subject to 
duties or other charges or restrictions on importation and 
exportation based upon or regulated in any manner by value. 
Moreover, they shall, upon a request by another contracting 
party review the operation of any of their laws or regulations 
relating to value for customs purposes in the light of these 
principles. The contracting parties may request from 
contracting parties reports on steps taken by them in pursuance 
of the provisions of this Article.
---------------------------------------------------------------------------
    \8\ Sec. E of the Protocol Amending the Preamble and Parts I and II 
of the GATT (8 UST 1770) amended paras. 1 and 2.
---------------------------------------------------------------------------
  2.\8\ (a) The value for customs purposes of imported 
merchandise should be based on the actual value of the imported 
merchandise on which duty is assessed, or of like merchandise, 
and should not be based on the value of merchandise of national 
origin or on arbitrary or fictitious values.
  (b) ``Actual value'' should be the price at which, at a time 
and place determined by the legislation of the country of 
importation, such or like merchandise is sold or offered for 
sale in the ordinary course of trade under fully competitive 
conditions. To the extent to which the price of such or like 
merchandise is governed by the quantity in a particular 
transaction, the price to be considered should uniformly be 
related to either (i) comparable quantities, or (ii) quantities 
not less favourable to importers than those in which the 
greater volume of the merchandise is sold in the trade between 
the countries of exportation and importation.
  (c) When the actual value is not ascertainable in accordance 
with sub-paragraph (b) of this paragraph, the value for customs 
purposes should be based on the nearest ascertainable 
equivalent of such value.
  3. The value for customs purposes of any imported product 
should not include the amount of any internal tax, applicable 
within the country of origin or export, from which the imported 
product has been exempted or has been or will be relieved by 
means of refund.
  4. (a) Except as otherwise provided for in this paragraph, 
where it is necessary for the purposes of paragraph 2 of this 
Article for a contracting party to convert into its own 
currency a price expressed in the currency of another country, 
the conversion rate of exchange to be used shall be based, for 
each currency involved, on the par value as established 
pursuant to the Articles of Agreement of the International 
Monetary Fund or on the rate of exchange recognized by the 
Fund, or on the par value established in accordance with a 
special exchange agreement entered into pursuant to Article XV 
of this Agreement.
  (b) Where no such established par value and no such 
recognized rate of exchange exist, the conversion rate shall 
reflect effectively the current value of such currency in 
commercial transactions.
  (c) The contracting parties, in agreement with the 
International Monetary Fund, shall formulate rules governing 
the conversion by contracting parties of any foreign currency 
in respect of which multiple rates of exchange are maintained 
consistently with the Articles of Agreement of the 
International Monetary Fund. Any contracting party may apply 
such rules in respect of such foreign currencies for the 
purposes of paragraph 2 of this Article as an alternative to 
the use of par values. Until such rules are adopted by the 
contracting parties, any contracting party may employ, in 
respect of any such foreign currency, rules of conversion for 
the purposes of paragraph 2 of this Article which are designed 
to reflect effectively the value of such foreign currency in 
commercial transactions.
  (d) Nothing in this paragraph shall be construed to require 
any contracting party to alter the method of converting 
currencies for customs purposes which is applicable in its 
territory on the date of this Agreement, if such alteration 
would have the effect of increasing generally the amounts of 
duty payable.
  5. The bases and methods for determining the value of 
products subject to duties or other charges or restrictions 
based upon or regulated in any manner by value should be stable 
and should be given sufficient publicity to enable traders to 
estimate, with a reasonable degree of certainty, the value for 
customs purposes.

   Article VIII--Fees and Formalities Connected with Importation and 
                              Exportation

  1.\9\ (a) All fees and charges of whatever character (other 
than import and export duties and other than taxes within the 
purview of Article III) imposed by contracting parties on or in 
connection with importation or exportation shall be limited in 
amount to the approximate cost of services rendered and shall 
not represent an indirect protection to domestic products or a 
taxation of imports or exports for fiscal purposes.
---------------------------------------------------------------------------
    \9\ Sec. F of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1770) amended paras. 1 and 2.
---------------------------------------------------------------------------
  (b) The contracting parties recognize the need for reducing 
the number and diversity of fees and charges referred to in 
sub-paragraph (a).
  (c) The contracting parties also recognize the need for 
minimizing the incidence and complexity of import and export 
formalities and for decreasing and simplifying import and 
export documentation requirements.
  2.\9\ A contracting party shall, upon request by another 
contracting party or by the contracting parties, review the 
operation of its laws and regulations in the light of the 
provisions of this Article.
  3. No contracting party shall impose substantial penalties 
for minor breaches of customs regulations or procedural 
requirements. In particular, no penalty in respect of any 
omission or mistake in customs documentation which is easily 
rectifiable and obviously made without fraudulent intent or 
gross negligence shall be greater than necessary to serve 
merely as a warning.
  4. The provisions of this Article shall extend to fees, 
charges, formalities and requirements imposed by governmental 
authorities in connection with importation and exportation, 
including those relating to:
          (a) consular transactions, such as consular invoices 
        and certificates;
          (b) quantitative restrictions;
          (c) licensing;
          (d) exchange control;
          (e) statistical services;
          (f) documents, documentation and certification;
          (g) analysis and inspection; and
          (h) quarantine, sanitation and fumigation.

                      Article IX--Marks of Origin

  1. Each contracting party shall accord to the products of the 
territories of other contracting parties treatment with regard 
to marking requirements no less favourable than the treatment 
accorded to like products of any third country.
  2.\10\ The contracting parties recognize that, in adopting 
and enforcing laws and regulations relating to marks of origin, 
the difficulties and inconveniences which such measures may 
cause to the commerce and industry of exporting countries 
should be reduced to a minimum, due regard being had to the 
necessity of protecting consumers against fraudulent or 
misleading indications.
---------------------------------------------------------------------------
    \10\ Sec. G of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1771) added para. 2 and renumbered paras. 2 
through 5 as paras. 3 through 6.
---------------------------------------------------------------------------
  3. Whenever it is administratively practicable to do so, 
contracting parties should permit required marks of origin to 
be affixed at the time of importation.
  4. The laws and regulations of contracting parties relating 
to the marking of imported products shall be such as to permit 
compliance without seriously damaging the products, or 
materially reducing their value, or unreasonably increasing 
their cost.
  5. As a general rule, no special duty or penalty should be 
imposed by any contracting party for failure to comply with 
marking requirements prior to importation unless corrective 
marking is unreasonably delayed or deceptive marks have been 
affixed or the required marking has been intentionally omitted.
  6. The contracting parties shall co-operate with each other 
with a view to preventing the use of trade names in such manner 
as to misrepresent the true origin of a product, to the 
detriment of such distinctive regional or geographical names of 
products of the territory of a contracting party as are 
protected by its legislation. Each contracting party shall 
accord full and sympathetic consideration to such requests or 
representations as may be made by any other contracting party 
regarding the application of the undertaking set forth in the 
preceding sentence to names of products which have been 
communicated to it by the other contracting party.

     Article X--Publication and Administration of Trade Regulations

  1. Laws, regulations, judicial decisions and administrative 
rulings of general application, made effective by any 
contracting party, pertaining to the classification or the 
valuation of products for customs purposes, or to rates of 
duty, taxes or other charges, or to requirements, restrictions 
or prohibitions on imports or exports or on the transfer of 
payments therefor, or affecting their sale, distribution, 
transportation, insurance, warehousing, inspection, exhibition 
processing, mixing or other use, shall be published promptly in 
such a manner as to enable governments and traders to become 
acquainted with them. Agreements affecting international trade 
policy which are in force between the government or a 
governmental agency of any contracting party and the government 
or governmental agency of any other contracting party shall 
also be published. The provisions of this paragraph shall not 
require any contracting party to disclose confidential 
information which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interests of particular enterprises, 
public or private.
  2. No measure of general application taken by any contracting 
party effecting an advance in a rate of duty or other charge on 
imports under an established and uniform practice, or imposing 
a new or more burdensome requirement, restriction or 
prohibition on imports, or on the transfer of payments 
therefor, shall be enforced before such measure has been 
officially published.
  3. (a) Each contracting party shall administer in a uniform, 
impartial and reasonable manner all its laws, regulations, 
decisions and rulings of the kind described in paragraph 1 of 
this Article.
  (b) Each contracting party shall maintain, or institute as 
soon as practicable, judicial, arbitral or administrative 
tribunals or procedures for the purpose, inter alia, of the 
prompt review and correction of administrative action relating 
to customs matters. Such tribunals or procedures shall be 
independent of the agencies entrusted with administrative 
enforcement and their decisions shall be implemented by, and 
shall govern the practice of, such agencies unless an appeal is 
lodged with a court or tribunal of superior jurisdiction within 
the time prescribed for appeals to be lodged by importers; 
Provided, That the central administration of such agency may 
take steps to obtain a review of the matter in another 
proceeding if there is good cause to believe that the decision 
is inconsistent with established principles of law or the 
actual facts.
  (c) The provisions of sub-paragraph (b) of this paragraph, 
shall not require the elimination or substitution of procedures 
in force in the territory of a contracting party on the date of 
this Agreement which in fact provide for an objective and 
impartial review of administrative action even though such 
procedures are not fully or formally independent of the 
agencies entrusted with administrative enforcement. Any 
contracting party employing such procedures shall, upon 
request, furnish the contracting parties with full information 
thereon in order that they may determine whether such 
procedures conform to the requirements of this sub-paragraph.

      Article XI--General Elimination of Quantitative Restrictions

  1. No prohibitions or restrictions other than duties, taxes 
or other charges, whether made effective through quotas, import 
or export licenses or other measures, shall be instituted or 
maintained by any contracting party on the importation of any 
product of the territory of any other contracting party or on 
the exportation or sale for export of any product destined for 
the territory of any other contracting party.
  2. The provisions of paragraph 1 of this Article shall not 
extend to the following:
          (a) Export prohibitions or restrictions temporarily 
        applied to prevent or relieve critical shortages of 
        foodstuffs or other products essential to the exporting 
        contracting party;
          (b) Import and export prohibitions or restrictions 
        necessary to the application of standards or 
        regulations for the classification, grading or 
        marketing of commodities in international trade;
          (c) Import restrictions on any agricultural or 
        fisheries product, imported in any form, necessary to 
        the enforcement of governmental measures which operate:
                  (i) to restrict the quantities of the like 
                domestic product permitted to be marketed or 
                produced, or, if there is no substantial 
                domestic production of the like product, of a 
                domestic product for which the imported product 
                can be directly substituted; or
                  (ii) to remove a temporary surplus of the 
                like domestic product, or, if there is no 
                substantial domestic production of the like 
                product, of a domestic product for which the 
                imported product can be directly substituted, 
                by making the surplus available to certain 
                groups of domestic consumers free of charge or 
                at prices below the current market level; or
                  (iii) to restrict the quantities permitted to 
                be produced of any animal product the 
                production of which is directly dependent, 
                wholly or mainly, on the imported commodity, if 
                the domestic production of that commodity is 
                relatively negligible.
  Any contracting party applying restrictions on the 
importation of any product pursuant to sub-paragraph (c) of 
this paragraph shall give public notice of the total quantity 
or value of the product permitted to be imported during a 
specified future period and of any change in such quantity or 
value. Moreover, any restrictions applied under (i) above shall 
not be such as will reduce the total of imports relative to the 
total of domestic production, as compared with the proportion 
which might reasonably be expected to rule between the two in 
the absence of restriction. In determining this proportion, the 
contracting party shall pay due regard to the proportion 
prevailing during a previous representative period and to any 
special factors which may have affected or may be affecting the 
trade in the product concerned.

  Article XII--Restrictions to Safeguard the Balance of Payments \11\

  1. Notwithstanding the provisions of paragraph 1 of Article 
XI, any contracting party, in order to safeguard for the 
external financial position and its balance of payments, may 
restrict the quantity or value of merchandise permitted to be 
imported, subject to the provisions of the following paragraphs 
of this Article.
---------------------------------------------------------------------------
    \11\ Sec. I of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1771) amended Article XII.
---------------------------------------------------------------------------
  2. (a) Import restrictions instituted, maintained or 
intensified by a contracting party under this article shall not 
exceed those necessary:
          (i) to forestall the imminent threat of, or to stop, 
        a serious decline in its monetary reserves, or
          (ii) in the case of a contracting party with very low 
        monetary reserves, to achieve a reasonable rate of 
        increase in its reserves.
  Due regard shall be paid in either case to any special 
factors which may be affecting the reserves of such contracting 
party or its need for reserves, including, where special 
external credits or other resources are available to it, the 
need to provide for the appropriate use of such credits or 
resources.
  (b) Contracting parties applying restrictions under sub-
paragraph (a) of this paragraph shall progressively relax them 
as such conditions improve, maintaining them only to the extent 
that the conditions specified in that sub-paragraph still 
justify their application. They shall eliminate the 
restrictions when conditions would no longer justify their 
institution or maintenance under that sub-paragraph.
  3. (a) Contracting parties undertake, in carrying out their 
domestic policies, to pay due regard to the need for 
maintaining or restoring equilibrium in their balance of 
payments on a sound and lasting basis and to the desirability 
of avoiding an uneconomic employment of productive resources. 
They recognize that in order to achieve these ends, it is 
desirable so far as possible to adopt measures which expand 
rather than contract international trade.
  (b) Contracting parties applying restrictions under this 
Article may determine the incidence of the restrictions on 
imports of different products or classes of products in such a 
way as to give priority to the importance of those products 
which are more essential.
  (c) Contracting parties applying restrictions under this 
Article undertake:
          (i) to avoid unnecessary damage to the commercial or 
        economic interests of any other contracting party;
          (ii) not to apply restrictions so as to prevent 
        unreasonably the importation of any description of 
        goods in minimum commercial quantities the exclusion of 
        which would impair regular channels of trade; and
          (iii) not to apply restrictions which would prevent 
        the importation of commercial samples or prevent 
        compliance with patent, trade mark, copyright, or 
        similar procedures.
  (d) The contracting parties recognize that, as a result of 
domestic policies directed towards the achievement and 
maintenance of full and productive employment or towards the 
development of economic resources, a contracting party may 
experience a high level of demand for imports involving a 
threat to its monetary reserves of the sort referred to in 
paragraph 2(a) of this Article. Accordingly, a contracting 
party otherwise complying with the provisions of this Article 
shall not be required to withdraw or modify restrictions on the 
ground that a change in those policies would render unnecessary 
restrictions which it is applying under this Article.
  4. (a) Any contracting party applying new restrictions or 
raising the general level of its existing restrictions by a 
substantial intensification of the measures applied under this 
Article shall immediately after instituting or intensifying 
such restrictions (or, in circumstances in which prior 
consultation is practicable, before doing so) consult with the 
contracting parties as to the nature of its balance of payments 
difficulties, alternative corrective measures which may be 
available, and the possible effect of the restrictions on the 
economies of other contracting parties.
  (b) On a date to be determined by them, the contracting 
parties shall review all restriction still applied under this 
Article on that date. Beginning one year after that date, 
contracting parties applying import restrictions under this 
Article shall enter into consultations of the type provided for 
in sub-paragraph (a) of this paragraph with the contracting 
parties annually.
  (c)(i) If, in the course of consultations with a contracting 
party under sub-paragraph (a) or (b) above, the contracting 
parties find that the restrictions are not consistent with the 
provisions of this Article or with those of Article XIII 
(subject to the provisions of Article XIV), they shall indicate 
the nature of the inconsistency and may advise that the 
restrictions be suitably modified.
  (ii) If, however, as a result of the consultations, the 
contracting parties determine that the restrictions are being 
applied in a manner involving an inconsistency of a serious 
nature with the provisions of this Article or with those of 
Article XIII (subject to the provisions of Article XIV) and 
that damage to the trade of any contracting party is caused or 
threatened thereby, they shall so inform the contracting party 
applying the restrictions and shall make appropriate 
recommendations for securing conformity with such provisions 
within a specified period of time. If such contracting party 
does not comply with these recommendations within the specified 
period, the contracting parties may release any contracting 
party the trade of which is adversely affected by the 
restrictions from such obligations under this Agreement towards 
the contracting party applying the restrictions as they 
determine to be appropriate in the circumstances.
  (d) The contracting parties shall invite any contracting 
party which is applying restrictions under this Article to 
enter into consultations with them at the request of any 
contracting party which can establish a prima facie case that 
the restrictions are inconsistent with the provisions of this 
Article or with those of Article XIII (subject to the 
provisions of Article XIV) and that its trade is adversely 
affected thereby. However, no such invitation shall be issued 
unless the contracting parties have ascertained that direct 
discussions between the contracting parties concerned have not 
been successful. If, as a result of the consultations with the 
contracting parties, no agreement is reached and they determine 
that the restrictions are being applied inconsistently with 
such provisions, and that damage to the trade of the 
contracting party initiating the procedure is caused or 
threatened thereby, they shall recommend the withdrawal or 
modification of the restrictions. If the restrictions are not 
withdrawn or modified within such time as the contracting 
parties may prescribe, they may release the contracting party 
initiating the procedure from such obligation under this 
Agreement towards the contracting party applying the 
restrictions as they determine to be appropriate in the 
circumstances.
  (e) In proceeding under this paragraph, the contracting 
parties shall have due regard to any special external factors 
adversely affecting the export trade of the contracting party 
applying restrictions.
  (f) Determinations under this paragraph shall be rendered 
expeditiously and, if possible, within sixty days of the 
initiation of the consultations.
  5. If there is a persistent and widespread application of 
import restrictions under this Article, indicating the 
existence of a general disequilibrium which is restricting 
international trade, the contracting parties shall initiate 
discussions to consider whether other measures might be taken, 
either by those contracting parties the balances of payments of 
which are under pressure or by those the balances of payments 
of which are tending to be exceptionally favourable, or by any 
appropriate intergovernmental organization, to remove the 
underlying causes of the disequilibrium. On the invitation of 
the contracting parties, contracting parties shall participate 
in such discussions.

    Article XIII--Non-discriminatory Administration of Quantitative 
                              Restrictions

  1. No prohibition or restriction shall be applied by any 
contracting party on the importation of any product of the 
territory of any other contracting party or on the exportation 
of any product destined for the territory of any other 
contracting party, unless the importation of the like product 
of all third countries or the exportation of the like product 
to all third countries is similarly prohibited or restricted.
  2. In applying import restrictions to any product, 
contracting parties shall aim at a distribution of trade in 
such product approaching as closely as possible the shares 
which the various contracting parties might be expected to 
obtain in the absence of such restrictions, and to this end 
shall observe the following provisions:
          (a) Wherever practicable, quotas representing the 
        total amount of permitted imports (whether allocated 
        among supplying countries or not) shall be fixed, and 
        notice given of their amount in accordance with 
        paragraph 3(b) of this Article;
          (b) In cases in which quotas are not practicable, the 
        restrictions may be applied by means of import licenses 
        or permits without a quota;
          (c) Contracting parties shall not, except for 
        purposes of operating quotas allocated in accordance 
        with subparagraph (d) of this paragraph, require that 
        import licenses or permits be utilized for the 
        importation of the product concerned from a particular 
        country or source;
          (d) In cases in which a quota is allocated among 
        supplying countries, the contracting party applying the 
        restrictions may seek agreement with respect to the 
        allocation of shares in the quota with all other 
        contracting parties having a substantial interest in 
        supplying the product concerned. In cases in which this 
        method is not reasonably practicable, the contracting 
        party concerned shall allot to contracting parties 
        having a substantial interest in supplying the product 
        shares based upon the proportions, supplied by such 
        contracting parties during a previous representative 
        period, of the total quantity or value of imports of 
        the product, due account being taken of any special 
        factors which may have affected or may be affecting the 
        trade in the product. No conditions or formalities 
        shall be imposed which would prevent any contracting 
        party from utilizing fully the share of any such total 
        quantity or value which has been allotted to it, 
        subject to importation being made within any prescribed 
        period to which the quota may relate.
  3. (a) In cases in which import licenses are issued in 
connection with import restrictions, the contracting party 
applying the restrictions shall provide, upon the request of 
any contracting party having an interest in the trade in the 
product concerned, all relevant information concerning the 
administration of the restrictions, the import licenses granted 
over a recent period and the distribution of such licenses 
among supplying countries; Provided, That there shall be no 
obligation to supply information as to the names of importing 
or supplying enterprises.
  (b) In the case of import restrictions involving the fixing 
of quotas, the contracting party applying the restrictions 
shall give public notice of the total quantity or value of the 
product or products which will be permitted to be imported 
during a specified future period and of any change in such 
quantity or value. Any supplies of the product in question 
which were en route at the time at which public notice was 
given shall not be excluded from entry; Provided, That they may 
be counted so far as practicable, against the quantity 
permitted to be imported in the period in question, and also, 
where necessary, against the quantities permitted to be 
imported in the next following period or periods; and Provided 
further, That if any contracting party customarily exempts from 
such restrictions products entered for consumption or withdrawn 
from warehouse for consumption during a period of thirty days 
after the day of such public notice, such practice shall be 
considered full compliance with this sub-paragraph.
  (c) In the case of quotas allocated among supplying 
countries, the contracting party applying the restrictions 
shall promptly inform all other contracting parties having an 
interest in supplying the product concerned of the shares in 
the quota currently allocated, by quantity or value, to the 
various supplying countries and shall give public notice 
thereof.
  4. With regard to restrictions applied in accordance with 
paragraph 2(d) of this Article or under paragraph 2(c) of 
Article XI, the selection of a representative period for any 
product and the appraisal of any special factors affecting the 
trade in the product shall be made initially by the contracting 
party applying the restriction; Provided, That such contracting 
party shall, upon the request of any other contracting party 
having a substantial interest in supplying that product or upon 
the request of the contracting parties, consult promptly with 
the other contracting party or the contracting parties 
regarding the need for an adjustment of the proportion 
determined or of the base period selected, or for the 
reappraisal of the special factors involved, or for the 
elimination of conditions, formalities or any other provisions 
established unilaterally relating to the allocation of an 
adequate quota or its unrestricted utilization.
  5. The provisions of this Article shall apply to any tariff 
quota instituted or maintained by any contracting party, and, 
in so far as applicable, the principles of this Article shall 
also extend to export restrictions.

     Article XIV--Exceptions to the Rule of Non-discrimination \12\

  1. A contracting party which applies restrictions under 
Article XII or under Section B of Article XVIII may, in the 
application of such restrictions, deviate from the provisions 
of Article XIII in a manner having equivalent effect to 
restrictions on payments and transfers for current 
international transactions that contracting party may at that 
time apply under Article VIII or XIV of the Articles of 
Agreement of the International Monetary Fund, or under 
analogous provisions of a special exchange agreement entered 
into pursuant to paragraph 6 of Article XV.
---------------------------------------------------------------------------
    \12\ Text as amended February 15, 1961, on which date Annex J was 
deleted. Originally amended and restated by special Protocol Modifying 
Article XIV of the GATT (62 Stat. 2006). Further amended and restated 
by Section J of the Protocol Amending the Preamble and Parts II and III 
of the GATT (8 UST 1775).
---------------------------------------------------------------------------
  2. A contracting party which is applying import restrictions 
under Article XII or under Section B of Article XVIII may, with 
the consent of the contracting parties temporarily deviate from 
the provisions of Article XIII in respect of a small part of 
its external trade where the benefits to the contracting party 
or contracting parties concerned substantially outweigh any 
injury which may result to the trade of other contracting 
parties.
  3. The provisions of Article XIII shall not preclude a group 
of territories having a common quota in the International 
Monetary Fund from applying against imports from other 
countries, but not among themselves, restrictions in accordance 
with the provisions of Article XII or of Section B of Article 
XVIII on condition that such restrictions are in all other 
respects consistent with the provisions of Article XIII.
  4. A contracting party applying import restrictions under 
Article XII or under Section B of Article XVIII shall not be 
precluded by Articles XI to XV or Section B of Article XVIII of 
this Agreement from applying measures to direct its exports in 
such a manner as to increase its earnings of currencies which 
it can use without deviation from the provisions of Article 
XIII.
  5. A contracting party shall not be precluded by Articles XI 
to XV, inclusive, or by Section B of Article XVIII, of this 
Agreement from applying quantitative restrictions:
          (a) having equivalent effect to exchange restrictions 
        authorized under Section 3(b) of Article VII of the 
        Articles of Agreement of the International Monetary 
        Fund, or
          (b) under the preferential arrangements provided for 
        in Annex A of this Agreement, pending the outcome of 
        the negotiations referred to therein.

                   Article XV--Exchange Arrangements

  1. The contracting parties shall seek co-operation with the 
International Monetary Fund to the end that the contracting 
parties and the Fund may pursue a coordinated policy with 
regard to exchange questions within the jurisdiction of the 
fund and questions of quantitative restrictions and other trade 
measures within the jurisdiction of the contracting parties.
  2. In all cases in which the contracting parties are called 
upon to consider or deal with problems concerning monetary 
reserves, balances of payments or foreign exchange 
arrangements, they shall consult fully with the International 
Monetary Fund. In such consultations, the contracting parties 
shall accept all findings of statistical and other facts 
presented by the fund relating to foreign exchange, monetary 
reserves and balances of payments, and shall accept the 
determination of the Fund as to whether action by a contracting 
party in exchange matters is in accordance with the Articles of 
Agreement of the International Monetary Fund, or with the terms 
of a special exchange agreement between that contracting party 
and the contracting parties. The contracting parties, in 
reaching their final decision in cases involving the criteria 
set forth in paragraph 2(a) of Article XII or in paragraph 9 
\13\ of Article XVIII, shall accept the determination of the 
Fund as to what constitutes a serious decline in the 
contracting party's monetary reserves, a very low level of its 
monetary reserves or a reasonable rate of increase in its 
monetary reserves, and as to the financial aspects of other 
matters covered in consultation in such cases.
---------------------------------------------------------------------------
    \13\ Sec. K of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1776) added the reference to para. 9.
---------------------------------------------------------------------------
  3. The contracting parties shall seek agreement with the Fund 
regarding procedures for consultation under paragraph 2 of this 
Article.
  4. Contracting parties shall not, by exchange action, 
frustrate the intent of the provisions of this Agreement, nor, 
by trade action, the intent of the provisions of the Articles 
of Agreement of the International Monetary Fund.
  5. If the contracting parties consider, at any time, that 
exchange restrictions on payments and transfers in connection 
with imports are being applied by a contracting party in a 
manner inconsistent with the exceptions provided for in this 
Agreement for quantitative restrictions, they shall report 
thereon to the Fund.
  6. Any contracting party which is not a member of the fund 
shall, within a time to be determined by the contracting 
parties after consultation with the Fund, become a member of 
the Fund, or, failing that, enter into a special exchange 
agreement with the contracting parties. A contracting party 
which ceases to be a member of the fund shall forthwith enter 
into a special exchange agreement with the contracting parties. 
Any special exchange agreement entered into by a contracting 
party under this paragraph shall thereupon become part of its 
obligations under this Agreement.
  7. (a) A special exchange agreement between a contracting 
party and the contracting parties under paragraph 6 of this 
Article shall provide to the satisfaction of the contracting 
parties that the objectives of this Agreement will not be 
frustrated as a result of action in exchange matters by the 
contracting party in question.
  (b) The terms of any such agreement shall not impose 
obligations on the contracting party in exchange matters 
generally more restrictive than those imposed by the Articles 
of Agreement of the International Monetary Fund on members of 
the Fund.
  8. A contracting party which is not a member of the Fund 
shall furnish such information within the general scope of 
section 5 of Article VIII of the Articles of Agreement of the 
International Monetary Fund as the contracting parties may 
require in order to carry out their functions under this 
Agreement.
  9. Nothing in this Agreement shall preclude: \14\
---------------------------------------------------------------------------
    \14\ Part D of the Protocol Modifying Part II and Article XXVI of 
the GATT (62 Stat. 3683) amended this paragraph.
---------------------------------------------------------------------------
          (a) the use by a contracting party of exchange 
        controls or exchange restrictions in accordance with 
        the Articles of Agreement of the International Monetary 
        Fund or with that contracting party's special exchange 
        agreement with the contracting parties, or
          (b) the use by a contracting party of restrictions or 
        controls on imports or exports, the sole effect of 
        which, additional to the effects permitted under 
        Articles XI, XII, XIII and XIV, is to make effective 
        such exchange controls or exchange restrictions.

                         Article XVI--Subsidies

                    section a--subsidies in general

  1. If any contracting party grants or maintains any subsidy, 
including any form of income or price support, which operates 
directly or indirectly to increase exports of any product from, 
or to reduce imports of any product into, its territory, it 
shall notify the contracting parties in writing of the extent 
and nature of the subsidization, of the estimated effect of the 
subsidization on the quantity of the affected product or 
products imported into or exported from its territory and of 
the circumstances making the subsidization necessary. In any 
case in which it is determined that serious prejudice to the 
interests of any other contracting party is caused or 
threatened by any such subsidization, the contracting party 
granting the subsidy shall, upon request, discuss with the 
other contracting party or parties concerned, or with the 
contracting parties, the possibility of limiting the 
subsidization.

       section b--additional provisions on export subsidies \15\

  2. The contracting parties recognize that the granting by a 
contracting party of a subsidy on the export of any product may 
have harmful effects for other contracting parties, both 
importing and exporting, may cause undue disturbance to their 
normal commercial interests, and may hinder the achievement of 
the objectives of this Agreement.
---------------------------------------------------------------------------
    \15\ Sec. L of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1776) added sec. B.
---------------------------------------------------------------------------
  3. Accordingly, contracting parties should seek to avoid the 
use of subsidies on the export of primary products. If, 
however, a contracting party grants directly or indirectly any 
form of subsidy which operates to increase the export of any 
primary product from its territory, such subsidy shall not be 
applied in a manner which results in that contracting party 
having more than an equitable share of world export trade in 
that product, account being taken of the shares of the 
contracting parties in such trade in the product during a 
previous representative period, and any special factors which 
may have affected or may be affecting such trade in the 
product.
  4. Further, as from 1 January 1958 or the earliest 
practicable date thereafter, contracting parties shall cease to 
grant either directly or indirectly any form of subsidy on the 
export of any product other than a primary product which 
subsidy results in the sale of such product for export at a 
price lower than the comparable price charged for the like 
product to buyers in the domestic market. Until 31 December 
1957 no contracting party shall extend the scope of any such 
subsidization beyond that existing on 1 January 1955 by the 
introduction of new, or the extension of existing, subsidies.
  5. The contracting parties shall review the operation of the 
provisions of this Article from time to time with a view to 
examining its effectiveness, in the light of actual experience, 
in promoting the objectives of this Agreement and avoiding 
subsidization seriously prejudicial to the trade or interests 
of contracting parties.

              Article XVII--State Trading Enterprises \16\

  1. (a) Each contracting party undertakes that if it 
establishes or maintains a State enterprise, wherever located, 
or grants to any enterprise, formally or in effect, exclusive 
or special privileges, such enterprise shall, in its purchases 
or sales involving either imports or exports, act in a manner 
consistent with the general principles of nondiscriminatory 
treatment prescribed in this Agreement for governmental 
measures affecting imports or exports by private traders.
---------------------------------------------------------------------------
    \16\ Sec. M of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1777) added paras. 3 and 4 and the title to 
Article XVII.
---------------------------------------------------------------------------
  (b) The provision of sub-paragraph (a) of this paragraph 
shall be understood to require that such enterprises shall, 
having due regard to the other provisions of this Agreement, 
make any such purchases or sales solely in accordance with 
commercial considerations, including price, quality, 
availability, marketability, transportation and other 
conditions of purchase or sale, and shall afford the 
enterprises of the other contracting parties adequate 
opportunity, in accordance with customary business practice, to 
compete for participation in such purchases or sales.
  (c) No contracting party shall prevent any enterprise 
(whether or not an enterprise described in sub-paragraph (a) of 
this paragraph) under its jurisdiction from acting in 
accordance with the principles of sub-paragraphs (a) and (b) of 
this paragraph.
  2. The provisions of paragraph 1 of this article shall not 
apply to imports of products for immediate or ultimate 
consumption in governmental use and not otherwise for resale or 
use in the production of goods for sale. With respect to such 
imports, each contracting party shall accord to the trade of 
the other contracting parties fair and equitable treatment.
  3.\16\ The contracting parties recognize that enterprises of 
the kind described in paragraph 1(a) of this Article might be 
operated so as to create serious obstacles to trade; thus 
negotiations on a reciprocal and mutually advantageous basis 
designed to limit or reduce such obstacles are of importance to 
the expansion of international trade.
  4.\16\ (a) Contracting parties shall notify the contracting 
parties of the products which are imported into or exported 
from their territories by enterprises of the kind described in 
paragraph 1(a) of this Article.
  (b) A contracting party establishing, maintaining or 
authorizing an import monopoly of a product, which is not the 
subject of a concession under Article II, shall, on the request 
of another contracting party having a substantial trade in the 
product concerned, inform the contracting parties of the import 
markup on the product during a recent representative period, 
or, when it is not possible to do so, of the price charged on 
the resale of the product.
  (c) The contracting parties may, at the request of a 
contracting party which has reason to believe that its 
interests under this Agreement are being adversely affected by 
the operations of an enterprise of the kind described in 
paragraph 1(a), request the contracting party establishing, 
maintaining or authorizing such enterprise to supply 
information about its operations related to the carrying out of 
the provisions of this Agreement.
  (d) The provisions of this paragraph shall not require any 
contracting party to disclose confidential information which 
would impede law enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate commercial 
interests of particular enterprises.

  Article XVIII--Governmental Assistance to Economic Development \17\

  1. The contracting parties recognize that the attainment of 
the objectives of this Agreement will be facilitated by the 
progressive development of their economies, particularly of 
those contracting parties the economies of which can only 
support low standards of living and are in the early stages of 
development.
---------------------------------------------------------------------------
    \17\ Sec. N of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1778) amended Article XVIII. Previously amended 
by sec. E of the Protocol Modifying Part II and Article XXVI of the 
GATT (62 Stat. 3684).
---------------------------------------------------------------------------
  2. The contracting parties recognize further that it may be 
necessary for those contracting parties, in order to implement 
programmes and policies of economic development designed to 
raise the general standard of living of their people, to take 
protective or other measures affecting imports, and that such 
measures are justified in so far as they facilitate the 
attainment of the objectives of this Agreement. They agree, 
therefore, that those contracting parties should enjoy 
additional facilities to enable them (a) to maintain sufficient 
flexibility in their tariff structure to be able to grant the 
tariff protection required for the establishment of a 
particular industry and (b) to apply quantitative restrictions 
for balance of payments purposes in a manner which takes full 
account of the continued high level of demand for imports 
likely to be generated by their programmes of economic 
development.
  3. The contracting parties recognize finally that with those 
additional facilities which are provided for in Sections A and 
B of this Article, the provisions of this Agreement would 
normally be sufficient to enable contracting parties to meet 
the requirements of their economic development. They agree, 
however, that there may be circumstances where no measure 
consistent with those provisions is practicable to permit a 
contracting party in the process of economic development to 
grant the governmental assistance required to promote the 
establishment of particular industries with a view to raising 
the general standard of living of its people. Special 
procedures are laid down in Sections C and D of this Article to 
deal with those cases.
  4. (a) Consequently, a contracting party the economy of which 
can only support low standards of living and is in the early 
stages of development shall be free to deviate temporarily from 
the provisions of the other Articles of this Agreement, as 
provided in Sections A, B and C of this Article.
  (b) A contracting party the economy of which is in the 
process of development but which does not come within the scope 
of sub-paragraph (a) above, may submit applications to the 
contracting parties under Section D of this Article.
  5. The contracting parties recognize that the export earnings 
of contracting parties the economies of which are of the type 
described in paragraph 4 (a) and (b) above, and which depend on 
exports of a small number of primary commodities may be 
seriously reduced by a decline in the sale of such commodities. 
Accordingly, when the exports of primary commodities by such a 
contracting party are seriously affected by measures taken by 
another contracting party, it may have resort to the 
consultation provisions of Article XXII of this Agreement.
  6. The contracting parties shall review annually all measures 
applied pursuant to the provisions of Sections C and D of this 
Article.

                               section a

  7. (a) If a contracting party coming within the scope of 
paragraph 4(a) of this Article considers it desirable, in order 
to promote the establishment of a particular industry with a 
view to raising the general standard of living of its people, 
to modify or withdraw a concession included in the appropriate 
Schedule annexed to this Agreement, it shall notify the 
contracting parties to this effect and enter into negotiations 
with any contracting party with which such concession was 
initially negotiated, and with any other contracting party 
determined by the contracting parties to have a substantial 
interest therein. If agreement is reached between such 
contracting parties concerned, they shall be free to modify or 
withdraw concessions under the appropriate Schedules to this 
Agreement in order to give effect to such agreement, including 
any compensatory adjustments involved.
  (b) If agreement is not reached within sixty days after the 
notification provided for in sub-paragraph (a) above, the 
contracting party which proposes to modify or withdraw the 
concession may refer the matter to the contracting parties, 
which shall promptly examine it. If they find that the 
contracting party which proposes to modify or withdraw the 
concession has made every effort to reach an agreement and that 
the compensatory adjustment offered by it is adequate, that 
contracting party shall be free to modify or withdraw the 
concession if at the same time, it gives effect to the 
compensatory adjustment. If the contracting parties do not find 
that the compensation offered by a contracting party proposing 
to modify or withdraw the concession is adequate, but find that 
it has made every reasonable effort to offer adequate 
compensation, that contracting party shall be free to proceed 
with such modification or withdrawal. If such action is taken, 
any other contracting party referred to in sub-paragraph (a) 
above shall be free to modify or withdraw substantially 
equivalent concessions initially negotiated with the 
contracting party which has taken the action.

                               section b

  8. The contracting parties recognize that contracting parties 
coming within the scope of paragraph 4(a) of this Article tend, 
when they are in rapid process of development, to experience 
balance of payments difficulties arising mainly from efforts to 
expand their internal markets as well as from the instability 
in their terms of trade.
  9. In order to safeguard its external financial position and 
to ensure a level of reserves adequate for the implementation 
of its programme of economic development, a contracting party 
coming within the scope of paragraph 4(a) of this Article may, 
subject to the provisions of paragraphs 10 to 12, control the 
general level of its imports by restricting the quantity or 
value of merchandise permitted to be imported; Provided that 
the import restrictions instituted, maintained or intensified 
shall not exceed those necessary.
          (a) to forestall the threat of, or to stop, a serious 
        decline in its monetary reserves, or
          (b) in the case of a contracting party with 
        inadequate monetary reserves, to achieve a reasonable 
        rate of increase in its reserves.
  Due regard shall be paid in either case to any special 
factors which may be affecting the reserves of the contracting 
party or its need for reserves, including, where special 
external credits or other resources are available to it, the 
need to provide for the appropriate use of such credits or 
resources.
  10. In applying these restrictions, the contracting party may 
determine their incidence on imports of different products or 
classes of products in such a way as to give priority to the 
importation of those products which are more essential in the 
light of its policy of economic development; Provided that the 
restrictions are so applied as to avoid unnecessary damage to 
the commercial or economic interests of any other contracting 
party and not to prevent unreasonably the importation of any 
description of goods in minimum commercial quantities the 
exclusion of which would impair regular channels of trade; and 
Provided further that the restrictions are not so applied as to 
prevent the importation of commercial samples or to prevent 
compliance with patent, trademark, copyright or similar 
procedures.
  11. In carrying out its domestic policies, the contracting 
party concerned shall pay due regard to the need for restoring 
equilibrium in its balance of payments on a sound and lasting 
basis and to the desirability of assuring an economic 
employment of productive resources. It shall progressively 
relax any restrictions applied under this Section as conditions 
improve, maintaining them only to the extent necessary under 
the terms of paragraph 9 of this Article and shall eliminate 
them when conditions no longer justify such maintenance; 
Provided that no contracting party shall be required to 
withdraw or modify restrictions on the ground that a change in 
its development policy would render unnecessary the 
restrictions which it is applying under this Section.
  12. (a) Any contracting party applying new restrictions or 
raising the general level of its existing restrictions by a 
substantial intensification of the measures applied under this 
Section, shall immediately after instituting or intensifying 
such restrictions (or, in circumstances in which prior 
consultation is practicable, before doing so) consult with the 
contracting parties as to the nature of its balance of payments 
difficulties, alternative corrective measures which may be 
available, and the possible effect of the restrictions on the 
economies of other contracting parties.
  (b) On a date to be determined by them, the contracting 
parties shall review all restrictions still applied under this 
Section on that date. Beginning two years after that date, 
contracting parties applying restrictions under this Section 
shall enter into consultations of the type provided for in sub-
paragraph (a) above with the contracting parties at intervals 
of approximately, but not less than, two years according to a 
programme to be drawn up each year by the contracting parties; 
Provided that no consultation under this sub-paragraph shall 
take place within two years after the conclusion of a 
consultation of a general nature under any other provision of 
this paragraph.
  (c)(i) If, in the course of consultations with a contracting 
party under sub-paragraph (a) or (b) of this paragraph, the 
contracting parties find that the restrictions are not 
consistent with the provisions of this Section or with those of 
Article XIII (subject to the provisions of Article XIV), they 
shall indicate the nature of the inconsistency and may advise 
that the restrictions be suitably modified.
  (ii) If, however, as a result of the consultations, the 
contracting parties determine that the restrictions are being 
applied in a manner involving an inconsistency of a serious 
nature with the provisions of this Section or with those of 
Article XIII (subject to the provisions of Article XIV) and 
that damage to the trade of any contracting party is caused or 
threatened thereby, they shall so inform the contracting party 
applying the restrictions and shall make appropriate 
recommendations for securing conformity with such provisions 
within a specified period. If such contracting party does not 
comply with these recommendations within the specified period, 
the contracting parties may release any contracting party the 
trade of which is adversely affected by the restrictions from 
such obligations under this Agreement towards the contracting 
party applying the restrictions as they determine to be 
appropriate in the circumstances.
  (d) The contracting parties shall invite any contracting 
party which is applying restrictions under this Section to 
enter into consultations with them at the request of any 
contracting party which can establish a prima facie case that 
the restrictions are inconsistent with the provisions of this 
Section or with those of Article XIII (subject to the 
provisions of Article XIV) and that its trade is adversely 
affected thereby. However, no such invitation shall be issued 
unless the contracting parties have ascertained that direct 
discussions between the contracting parties concerned have not 
been successful. If, as a result of the consultations with the 
contracting parties no agreement is reached and they determine 
that the restrictions are being applied inconsistently with 
such provisions, and that damage to the trade of the 
contracting party initiating the procedure is caused or 
threatened thereby, they shall recommend the withdrawal or 
modification of the restrictions. If the restrictions are not 
withdrawn or modified within such time as the contracting 
parties may prescribe, they may release the contracting party 
initiating the procedure from such obligations under this 
Agreement towards the contracting party applying the 
restrictions as they determine to be appropriate in the 
circumstances.
  (e) If a contracting party against which action has been 
taken in accordance with the last sentence of sub-paragraph 
(c)(ii) or (d) of this paragraph, finds that the release of 
obligations authorized by the contracting parties adversely 
affects the operation of its programme and policy of economic 
development, it shall be free, not later than sixty days after 
such action is taken to give written notice to the Executive 
Secretary to the contracting parties of its intention to 
withdraw from this Agreement and such withdrawal shall take 
effect on the sixtieth day following the day on which the 
notice is received by him.
  (f) In proceeding under this paragraph, the contracting 
parties shall have due regard to the factors referred to in 
paragraph 2 of this Article. Determinations under this 
paragraph shall be rendered expeditiously and, if possible, 
within sixty days of the initiation of the consultations.

                               section c

  13. If a contracting party coming within the scope of 
paragraph 4(a) of this Article finds that governmental 
assistance is required to promote the establishment of a 
particular industry with a view to raising the general standard 
of living of its people, but that no measure consistent with 
the other provisions of this Agreement is practicable to 
achieve that objective, it may have recourse to the provisions 
and procedures set out in this Section.
  14. The contracting party concerned shall notify the 
contracting parties of the special difficulties which it meets 
in the achievement of the objective outlined in paragraph 13 of 
this Article and shall indicate the specific measure affecting 
imports which it proposes to introduce in order to remedy these 
difficulties. It shall not introduce that measure before the 
expiration of the time-limit laid down in paragraph 15 or 17, 
as the case may be, or if the measure affects imports of a 
product which is the subject of a concession included in the 
appropriate Schedule annexed to this Agreement, unless it has 
secured the concurrence of the contracting parties in 
accordance with the provisions of paragraph 18; Provided that, 
if the industry receiving assistance has already started 
production, the contracting party may, after informing the 
contracting parties, take such measures as may be necessary to 
prevent, during that period, imports of the product or products 
concerned from increasing substantially above a normal level.
  15. If, within thirty days of the notification of the 
measure, the contracting parties do not request the contracting 
party concerned to consult with them, that contracting party 
shall be free to deviate from the relevant provisions of the 
other Articles of this Agreement to the extent necessary to 
apply the proposed measure.
  16. If it is requested by the contracting parties to do so, 
the contracting party concerned shall consult with them as to 
the purpose of the proposed measure, as to alternative measures 
which may be available under this Agreement, and as to the 
possible effect of the measure proposed on the commercial and 
economic interests of other contracting parties. If, as a 
result of such consultation, the contracting parties agree that 
there is no measure consistent with the other provisions of 
this Agreement which is practicable in order to achieve the 
objective outlined in paragraph 13 of this Article, and concur 
in the proposed measure, the contracting party concerned shall 
be released from its obligations under the relevant provisions 
of the other Articles of this Agreement to the extent necessary 
to apply that measure.
  17. If, within ninety days after the date of the notification 
of the proposed measure under paragraph 14 of this Article, the 
contracting parties have not concurred in such measure, the 
contracting party concerned may introduce the measure proposed 
after informing the contracting parties.
  18. If the proposed measure affects a product which is the 
subject of a concession included in the appropriate Schedule 
annexed to this Agreement, the contracting party concerned 
shall enter into consultations with any other contracting party 
with which the concession was initially negotiated, and with 
any other contracting party determined by the contracting 
parties to have a substantial interest therein. The contracting 
parties shall concur in the measure if they agree that there is 
no measure consistent with the other provisions of this 
Agreement which is practicable in order to achieve the 
objective set forth in paragraph 13 of this Article, and if 
they are satisfied:
          (a) that agreement has been reached with such other 
        contracting parties as a result of the consultations 
        referred to above, or
          (b) if no such agreement has been reached within 
        sixty days after the notification provided for in 
        paragraph 14 has been received by the contracting 
        parties, that the contracting party having recourse to 
        this Section has made all reasonable efforts to reach 
        an agreement and that the interests of other 
        contracting parties are adequately safeguarded.
  The contracting party having recourse to this Section shall 
thereupon be released from its obligations under the relevant 
provisions of the other Articles of this Agreement to the 
extent necessary to permit it to apply the measure.
  19. If a proposed measure of the type described in paragraph 
13 of this Article concerns an industry the establishment of 
which has in the initial period been facilitated by incidental 
protection afforded by restrictions imposed by the contracting 
party concerned for balance of payments purposes under the 
relevant provisions of this Agreement, that contracting party 
may resort to the provisions and procedures of this Section, 
Provided that it shall not apply the proposed measure without 
the concurrence of the contracting parties.
  20. Nothing in the preceding paragraphs of this Section shall 
authorize any deviation from the provisions of Articles I, II 
and XIII of this Agreement. The provisos to paragraph 10 of 
this Article shall also be applicable to any restriction under 
this Section.
  21. At any time while a measure is being applied under 
paragraph 17 of this Article any contracting party 
substantially affected by it may suspend the application to the 
trade of the contracting party having recourse to this Section 
of such substantially equivalent concessions or other 
obligations under this Agreement the suspension of which the 
contracting parties do not disapprove; Provided that sixty 
days' notice of such suspension is given to the contracting 
parties not later than six months after the measure has been 
introduced or changed substantially to the detriment of the 
contracting party affected. Any such contracting party shall 
afford adequate opportunity for consultation in accordance with 
the provisions of Article XXII of this Agreement.

                               section d

  22. A contracting party coming within the scope of 
subparagraph 4(b) of this Article desiring, in the interest of 
the development of its economy, to introduce a measure of the 
type described in paragraph 13 of this Article in respect of 
the establishment of a particular industry may apply to the 
contracting parties for approval of such measure. The 
contracting parties shall promptly consult with such 
contracting party and shall, in making their decision be guided 
by the considerations set out in paragraph 16. If the 
contracting parties concur in the proposed measure the 
contracting party concerned shall be released from its 
obligations under the relevant provisions of the other Articles 
of this agreement to the extent necessary to permit it to apply 
the measure. If the proposed measure affects a product which is 
the subject of a concession included in the appropriate 
Schedule annexed to this Agreement, the provisions of paragraph 
18 shall apply.
  23. Any measure applied under this Section shall comply with 
the provisions of paragraph 20 of this Article.

    Article XIX--Emergency Action on Imports of Particular Products

  1. (a) If, as a result of unforeseen developments and of the 
effect of the obligations incurred by a contracting party under 
this Agreement, including tariff concessions, any product is 
being imported into the territory of that contracting party in 
such increased quantities and under such conditions as to cause 
or threaten serious injury to domestic producers in that 
territory of like or directly competitive products, the 
contracting party shall be free, in respect of such product, 
and to the extent and for such time as may be necessary to 
prevent or remedy such injury, to suspend the obligation in 
whole or in part or to withdraw or modify the concession.
  (b) If any product, which is the subject of a concession with 
respect to a preference, is being imported into the territory 
of a contracting party in the circumstances set forth in sub-
paragraph (a) of this paragraph, so as to cause or threaten 
serious injury to domestic producers of like or directly 
competitive products in the territory of a contracting party 
which receives or received such preference, the importing 
contracting party shall be free, if that other contracting 
party so requests, to suspend the relevant obligation in whole 
or in part or to withdraw or modify the concession in respect 
of the product, to the extent and for such time as may be 
necessary to prevent or remedy such injury.
  2. Before any contracting party shall take action pursuant to 
the provisions of paragraph 1 of this Article, it shall give 
notice in writing to the contracting parties as far in advance 
as may be practicable and shall afford the contracting parties 
and those contracting parties having a substantial interest as 
exporters of the product concerned an opportunity to consult 
with it in respect of the proposed action. When such notice is 
given in relation to a concession with respect to a preference, 
the notice shall name the contracting party which has requested 
the action. In critical circumstances, where delay would cause 
damage which it would be difficult to repair, action under 
paragraph 1 of this Article may be taken provisionally without 
prior consultation, on the condition that consultation shall be 
effected immediately after taking such action.
  3. (a) If agreement among the interested contracting parties 
with respect to the action is not reached, the contracting 
party which proposes to take or continue the action shall, 
nevertheless, be free to do so, and if such action is taken or 
continued, the affected contracting parties shall then be free, 
not later than ninety days after such action is taken, to 
suspend, upon the expiration of thirty days from the day on 
which written notice of such suspension is received by the 
contracting parties, the application to the trade of the 
contracting party taking such action, or in the case envisaged 
in paragraph 1(b) of this Article, to the trade of the 
contracting party requesting such action, of such substantially 
equivalent concessions or other obligations \18\ under this 
Agreement the suspension of which the contracting parties do 
not disapprove.
---------------------------------------------------------------------------
    \18\ Sec. O of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1786) struck out ``obligations or concessions'' 
and inserted in lieu thereof ``concessions or other obligations''.
---------------------------------------------------------------------------
  (b) Notwithstanding the provisions of sub-paragraph (a) of 
this paragraph, where action is taken under paragraph 2 of this 
Article without prior consultation and causes or threatens 
serious injury in the territory of a contracting party to the 
domestic producers of products affected by the action, that 
contracting party shall, where delay would cause damage 
difficult to repair, be free to suspend, upon the taking of the 
action and throughout the period of consultation, such 
concessions or other obligations as may be necessary to prevent 
or remedy the injury.

                     Article XX--General Exceptions

  Subject to the requirement that such measures are not applied 
in a manner which would constitute a means of arbitrary or 
unjustifiable discrimination between countries where the same 
conditions prevail, or a disguised restriction on international 
trade, nothing in this Agreement shall be construed to prevent 
the adoption or enforcement by any contracting party of 
measures:
          (a) necessary to protect public morals;
          (b) necessary to protect human, animal or plant life 
        or health;
          (c) relating to the importation or exportation of 
        gold or silver;
          (d) necessary to secure compliance with laws or 
        regulations which are not inconsistent with the 
        provisions of this Agreement, including those relating 
        to customs enforcement, the enforcement of monopolies 
        operated under paragraph 4 of Article II and Article 
        XVII, the protection of patents, trademarks and 
        copyrights, and the prevention of deceptive practices;
          (e) relating to the products of prison labour;
          (f) imposed for the protection of national treasures 
        of artistic, historic or archaeological value;
          (g) relating to the conservation of exhaustible 
        natural resources if such measures are made effective 
        in conjunction with restrictions on domestic production 
        or consumption;
          (h) \19\ undertaken in pursuance of obligations under 
        any intergovernmental commodity agreement which 
        conforms to criteria submitted to the contracting 
        parties and not disapproved by them or which is itself 
        so submitted and not so disapproved;
---------------------------------------------------------------------------
    \19\ Sec. P of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1786) amended para. (h) and added para. (j).
---------------------------------------------------------------------------
          (i) involving restrictions on exports of domestic 
        materials necessary to assure essential quantities of 
        such materials to a domestic processing industry during 
        periods when the domestic price of such materials is 
        held below the world price as part of a governmental 
        stabilization plan; Provided that such restrictions 
        shall not operate to increase the exports of or the 
        protection afforded to such domestic industry, and 
        shall not depart from the provisions of this Agreement 
        relating to non-discrimination;
          (j) \19\ essential to the acquisition or distribution 
        of products in general or local short supply; Provided 
        that any such measures shall be consistent with the 
        principle that all contracting parties are entitled to 
        an equitable share of the international supply of such 
        products, and that any such measures, which are 
        inconsistent with the other provisions of this 
        Agreement shall be discontinued as soon as the 
        conditions giving rise to them have ceased to exist. 
        The contracting parties shall review the need for this 
        sub-paragraph not later than 30 June 1960.

                    Article XXI--Security Exceptions

  Nothing in this Agreement shall be construed
          (a) to require any contracting party to furnish any 
        information the disclosure of which it considers 
        contrary to its essential security interests; or
          (b) to prevent any contracting party from taking any 
        action which it considers necessary for the protection 
        of its essential security interests
                  (i) relating to fissionable materials or the 
                materials from which they are derived;
                  (ii) relating to the traffic in arms, 
                ammunition and implements of war and to such 
                traffic in other goods and materials as is 
                carried on directly or indirectly for the 
                purpose of supplying a military establishment;
                  (iii) taken in time of war or other emergency 
                in international relations; or
          (c) to prevent any contracting party from taking any 
        action in pursuance of its obligations under the United 
        Nations Charter for the maintenance of international 
        peace and security.

                    Article XXII--Consultation \20\

  1. Each contracting party shall accord sympathetic 
consideration to, and shall afford adequate opportunity for 
consultation regarding, such representations as may be made by 
another contracting party with respect to any matter affecting 
the operation of this Agreement.
---------------------------------------------------------------------------
    \20\ Sec. Q of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1787) amended Article XXII.
---------------------------------------------------------------------------
  2. The contracting parties may, at the request of a 
contracting party, consult with any contracting party or 
parties in respect of any matter for which it has not been 
possible to find a satisfactory solution through consultation 
under paragraph 1.

               Article XXIII--Nullification or Impairment

  1. If any contracting party should consider that any benefit 
accruing to it directly or indirectly under this Agreement is 
being nullified or impaired or that the attainment of any 
objective of the Agreement is being impeded as the result of 
(a) the failure of another contracting party to carry out its 
obligations under this Agreement, or (b) the application by 
another contracting party of any measure, whether or not it 
conflicts with the provisions of this Agreement, or (c) the 
existence of any other situation, the contracting party may, 
with a view to the satisfactory adjustment of the matter, make 
written representations or proposals to the other contracting 
party or parties which it considers to be concerned. Any 
contracting party thus approached shall give sympathetic 
consideration to the representations or proposals made to it.
  2. If no satisfactory adjustment is effected between the 
contracting parties concerned within a reasonable time, or if 
the difficulty is of the type described in paragraph 1(c) of 
this Article, the matter may be referred to the contracting 
parties. The contracting parties shall promptly investigate any 
matter so referred to them and shall make appropriate 
recommendations to the contracting parties which they consider 
to be concerned, or give a ruling on the matter, as 
appropriate. The contracting parties may consult with 
contracting parties, with the Economic and Social Council of 
the United Nations and with any appropriate inter-governmental 
organization in cases where they consider such consultation 
necessary. If the contracting parties consider that the 
circumstances are serious enough to justify such action, they 
may authorize a contracting party or parties to suspend the 
application to any other contracting party or parties of such 
concessions or other obligations under this Agreement as they 
determine to be appropriate in the circumstances.\21\ If the 
application to any contracting party of any concession or other 
obligation is in fact suspended, that contracting party shall 
then be free, not later than sixty days after such action is 
taken to give written notice to the Executive Secretary to the 
contracting parties of its intention to withdraw from this 
Agreement and such withdrawal shall take effect upon the 
sixtieth day following the day on which such notice is received 
by him.\21\
---------------------------------------------------------------------------
    \21\ Sec. R of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1787) added these sentences.
---------------------------------------------------------------------------

                                PART III

Article XXIV--Territorial Application--Frontier Traffic--Customs Unions 
                       and Free-trade Areas \22\

  1. The provisions of this Agreement shall apply to the 
metropolitan customs territories of the contracting parties and 
to any other customs territories in respect of which this 
Agreement has been accepted under Article XXVI or is being 
applied under Article XXXIII or pursuant to the Protocol of 
Provisional Application. Each such customs territory shall, 
exclusively for the purposes of the territorial application of 
this Agreement, be treated as though it were a contracting 
party; Provided that the provisions of this paragraph shall not 
be construed to create any rights or obligations as between two 
or more customs territories in respect of which this Agreement 
has been accepted under Article XXVI or is being applied under 
Article XXXIII or pursuant to the Protocol of Provisional 
Application by a single contracting party.
---------------------------------------------------------------------------
    \22\ The Special Protocol Relating to Article XXIV of the GATT (62 
Stat. 2013) amended Article XXIV.
---------------------------------------------------------------------------
  2. For purposes of this Agreement customs territory shall be 
understood to mean any territory with respect to which separate 
tariffs or other regulations of commerce are maintained for a 
substantial part of the trade of such territory with other 
territories.
  3. The provisions of this Agreement shall not be construed to 
prevent:
          (a) advantages accorded by any contracting party to 
        adjacent countries in order to facilitate frontier 
        traffic;
          (b) advantages accorded to the trade with the Free 
        Territory of Trieste by countries contiguous to that 
        territory, provided that such advantages are not in 
        conflict with the Treaties of Peace arising out of the 
        Second World War.
  4.\23\ The contracting parties recognize the desirability of 
increasing freedom of trade by the development, through 
voluntary agreements, of closer integration between the 
economies of the countries parties to such agreements. They 
also recognize that the purpose of a customs union or of a 
free-trade area should be to facilitate trade between the 
constituent territories and not to raise barriers to the trade 
of other contracting parties with such territories.
---------------------------------------------------------------------------
    \23\ Sec. S of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1788) amended para. 4.
---------------------------------------------------------------------------
  5. Accordingly, the provisions of this Agreement shall not 
prevent, as between the territories of contracting parties, the 
formation of a customs union or of a free-trade area or the 
adoption of an interim agreement necessary for the formation of 
a customs union or of a free-trade area; Provided that:
          (a) with respect to a customs union, or an interim 
        agreement leading to the formation of a customs union, 
        the duties and other regulations of commerce imposed at 
        the institution of any such union or interim agreement 
        in respect of trade with contracting parties not 
        parties to such union or agreement shall not on the 
        whole be higher or more restrictive than the general 
        incidence of the duties and regulations of commerce 
        applicable in the constituent territories prior to the 
        formation of such union or the adoption of such interim 
        agreement, as the case may be;
          (b) with respect to a free-trade area, or an interim 
        agreement leading to the formation of a free-trade 
        area, the duties and other regulations of commerce 
        maintained in each of the constituent territories and 
        applicable at the formation of such free-trade area or 
        the adoption of such interim agreement to the trade of 
        contracting parties not included in such area or not 
        parties to such agreement shall not be higher or more 
        restrictive than the corresponding duties and other 
        regulations of commerce existing in the same 
        constituent territories prior to the formation of the 
        free-trade area, or interim agreement, as the case may 
        be; and
          (c) any interim agreement referred to in sub-
        paragraphs (a) and (b) shall include a plan and 
        schedule for the formation of such a customs union or 
        of such a free-trade area within a reasonable length of 
        time.
  6. If, in fulfilling the requirements of sub-paragraphs 5(a), 
a contracting party proposes to increase any rate of duty 
inconsistently with the provisions of Article II, the procedure 
set forth in Article XXVIII shall apply. In providing for 
compensatory adjustment, due account shall be taken of the 
compensation already afforded by the reductions brought about 
in the corresponding duty of the other constituents of the 
union.
  7. (a) Any contracting party deciding to enter into a customs 
union or free-trade area, or an interim agreement leading to 
the formation of such a union or area, shall promptly notify 
the contracting parties and shall make available to them such 
information regarding the proposed union or area as will enable 
them to make such reports and recommendations to contracting 
parties as they may deem appropriate.
  (b) If, after having studied the plan and schedule included 
in an interim agreement referred to in paragraph 5 in 
consultation with the parties to that agreement and taking due 
account of the information made available in accordance with 
the provisions of sub-paragraph (a), the contracting parties 
find that such agreement is not likely to result in the 
formation of a customs union or of a free-trade area within the 
period contemplated by the parties to the agreement or that 
such period is not a reasonable one, the contracting parties 
shall make recommendations to the parties to the agreement. The 
parties shall not maintain or put into force, as the case may 
be, such agreement if they are not prepared to modify it in 
accordance with these recommendations.
  (c) Any substantial change in the plan or schedule referred 
to in paragraph 5(c) shall be communicated to the contracting 
parties, which may request the contracting parties concerned to 
consult with them if the change seems likely to jeopardize or 
delay unduly the formation of the customs union or of the free-
trade area.
  8. For the purposes of this Agreement:
          (a) A customs union shall be understood to mean the 
        substitution of a single customs territory for two or 
        more customs territories, so that
                  (i) duties and other restrictive regulations 
                of commerce (except, where necessary, those 
                permitted under Article XI, XII, XIII, XIV, XV 
                and XX) are eliminated with respect to 
                substantially all the trade between the 
                constituent territories of the union or at 
                least with respect to substantially all the 
                trade in products originating in such 
                territories, and,
                  (ii) subject to the provisions of paragraph 
                9, substantially the same duties and other 
                regulations of commerce are applied by each of 
                the members of the union to the trade of 
                territories not included in the union;
          (b) A free-trade area shall be understood to mean a 
        group of two or more customs territories in which the 
        duties and other restrictive regulations of commerce 
        (except, where necessary, those permitted under 
        Articles XI, XII, XIII, XIV, XV, and XX) are eliminated 
        on substantially all the trade between the constituent 
        territories in products originating in such 
        territories.
  9. The preferences referred to in paragraph 2 of Article I 
shall not be affected by the formation of a customs union or of 
a free-trade area but may be eliminated or adjusted by means of 
negotiations with contracting parties affected. This procedure 
of negotiations with affected contracting parties shall, in 
particular, apply to the elimination of preferences required to 
conform with the provisions of paragraph 8(a)(i) and paragraph 
8(b).
  10. The contracting parties may by a two-thirds majority 
approve proposals which do not full comply with the 
requirements of paragraphs 5 to 9 inclusive, provided that such 
proposals lead to the formation of a customs union or a free-
trade area in the sense of this Article.
  11. Taking into account the exceptional circumstances arising 
out of the establishment of India and Pakistan as independent 
States and recognizing the fact that they have long constituted 
an economic unit, the contracting parties agree that the 
provisions of this Agreement shall not prevent the two 
countries from entering into special arrangements with respect 
to the trade between them, pending the establishment of their 
mutual trade relations on a definitive basis.
  12. Each contracting party shall take such reasonable 
measures as may be available to it to ensure observance of the 
provisions of this Agreement by the regional and local 
governments and authorities within its territory.

          Article XXV--Joint Action by the Contracting Parties

  1. Representatives of the contracting parties shall meet from 
time to time for the purpose of giving effect to those 
provisions of this Agreement which involve joint action and, 
generally, with a view to facilitating the operation and 
furthering the objectives of this Agreement. Wherever reference 
is made in this Agreement to the contracting parties acting 
jointly they are designated as the contracting parties.
  2. The Secretary-General of the United Nations is requested 
to convene the first meeting of the contracting parties, which 
shall take place not later than March 1, 1948.
  3. Each contracting party shall be entitled to have one vote 
at all meetings of the contracting parties.
  4. Except as otherwise provided for in this Agreement, 
decisions of the contracting parties shall be taken by a 
majority of the votes cast.
  5.\24\ In exceptional circumstances not elsewhere provided 
for in this Agreement, the contracting parties may waive an 
obligation imposed upon a contracting party by this Agreement; 
Provided that any such decision shall be approved by a two-
thirds majority of the votes cast and that such majority shall 
comprise more than half of the contracting parties. The 
contracting parties may also by such a vote
---------------------------------------------------------------------------
    \24\ The Protocol Modifying Certain Provisions of the GATT (62 
Stat. 1992) amended para. 5. The Protocol Amending the Preamble and 
Parts II and III of the GATT (8 UST 1788) deleted subparas. (b), (c) 
and (d).
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          (i) define certain categories of exceptional 
        circumstances to which other voting requirements shall 
        apply for the waiver of obligations, and
          (ii) prescribe such criteria as may be necessary for 
        the application of this sub-paragraph.\25\
---------------------------------------------------------------------------
    \25\ As signed; should probably read ``paragraph''.
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    Article XXVI--Acceptance, Entry into Force and Registration \26\

  1. The date of this Agreement shall be 30 October 1947.
---------------------------------------------------------------------------
    \26\ Sec. U of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1788) amended Article XXVI.
---------------------------------------------------------------------------
  2. This Agreement shall be open for acceptance by any 
contracting party which, on 1 March 1955, was a contracting 
party or was negotiating with a view to accession to this 
Agreement.
  3. This Agreement, done in a single English original and in a 
single French original, both texts authentic, shall be 
deposited with the Secretary-General of the United Nations, who 
shall furnish certified copies thereof to all interested 
governments.
  4. Each government accepting this Agreement shall deposit an 
instrument of acceptance with the Executive Secretary of the 
contracting parties who will inform all interested governments 
of the date of deposit of each instrument of acceptance and of 
the day on which this Agreement enters into force under 
paragraph 6 of this Article.
  5. (a) Each government accepting this Agreement does so in 
respect of its metropolitan territory and of the other 
territories for which it has international responsibility, 
except such separate customs territories as it shall notify to 
the Executive Secretary to the contracting parties at the time 
of its own acceptance.
  (b) Any government, which has so notified the Executive 
Secretary under the exceptions in sub-paragraph (a) of this 
paragraph, may at any time give notice to the Executive 
Secretary that its acceptance shall be effective in respect of 
any separate customs territory or territories so excepted and 
such notice shall take effect on the thirtieth day following 
the day on which it is received by the Executive Secretary.
  (c) If any of the customs territories, in respect of which a 
contracting party has accepted this Agreement, possesses or 
acquires full autonomy in the conduct of its external 
commercial relations and of the other matters provided for in 
this Agreement, such territory shall, upon sponsorship through 
a declaration by the responsible contracting party establishing 
the above-mentioned fact, be deemed to be a contracting party.
  6. This Agreement shall enter into force, as among the 
governments which have accepted it, on the thirtieth day 
following the day on which instruments of acceptance have been 
deposited with the Executive Secretary to the contracting 
parties on behalf of governments named in Annex H, the 
territories of which account for 85 per centum of the total 
external trade of the territories of such governments, computed 
in accordance with the applicable column of percentages set 
forth therein. The instrument of acceptance of each other 
government shall take effect on the thirtieth day following the 
day on which such instrument has been deposited.
  7. The United Nations is authorized to effect registration of 
this Agreement as soon as it enters into force.

        Article XXVII--Withholding or Withdrawal of Concessions

  Any contracting party shall at any time be free to withhold 
or to withdraw in whole or in part any concession, provided for 
in the appropriate Schedule annexed to this Agreement, in 
respect of which such contracting party determines that it was 
initially negotiated with a government which has not become, or 
has ceased to be, a contracting party. A contracting party 
taking such action shall notify the contracting parties and, 
upon request, consult with contracting parties which have a 
substantial interest in the product concerned.\27\
---------------------------------------------------------------------------
    \27\ Sec. V of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1789) amended this sentence. Further amended by 
the Protocol Modifying Article XXVI of the Agreement of October 30, 
1947 (2 UST 1583).
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             Article XXVIII--Modification of Schedules \28\

  1. On the first day of each three-year period, the first 
period beginning on 1 January 1958 (or on the first day of any 
other period that may be specified by the contracting parties 
by two-thirds of the votes cast) a contracting party (hereafter 
in this Article referred to as the ``applicant contracting 
party'') may, by negotiation and agreement with any contracting 
party with which such concession was initially negotiated and 
with any other contracting party determined by the contracting 
parties to have a principal supplying interest (which two 
preceding categories of contracting parties, together with the 
applicant contracting party, are in this Article hereinafter 
referred to as the ``contracting parties primarily 
concerned''), and subject to consultation with any other 
contracting party determined by the contracting parties to have 
a substantial interest in such concession, modify or withdraw a 
concession included in the appropriate Schedule annexed to this 
Agreement.
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    \28\ Sec. W of the Protocol Amending the Preamble and Parts II and 
III of the GATT (18 UST 1790) amended Article XXVIII.
---------------------------------------------------------------------------
  2. In such negotiations and agreement, which may include 
provision for compensatory adjustment with respect to other 
products, the contracting parties concerned shall endeavour to 
maintain a general level of reciprocal and mutually 
advantageous concessions not less favourable to trade than that 
provided for in this Agreement prior to such negotiations.
  3. (a) If agreement between the contracting parties primarily 
concerned cannot be reached before 1 January 1958 or before the 
expiration of a period envisaged in paragraph 1 of this 
Article, the contracting party which propose to modify or 
withdraw the concession shall, nevertheless, be free to do so 
and if such action is taken any contracting party with which 
such concession was initially negotiated, any contracting party 
determined under paragraph 1 to have a principal supplying 
interest and any contracting party determined under paragraph 1 
to have a substantial interest shall then be free not later 
than six months after such action is taken, to withdraw, upon 
the expiration of thirty days from the day on which written 
notice of such withdrawal is received by the contracting 
parties, substantially equivalent concessions initially 
negotiated with the applicant contracting party.
  (b) If agreement between the contracting parties primarily 
concerned is reached but any other contracting party determined 
under paragraph 1 of this Article to have a substantial 
interest is not satisfied, such other contracting party shall 
be free, not later than six months after action under such 
agreement is taken, to withdraw, upon the expiration of thirty 
days from the day on which written notice of such withdrawal is 
received by the contracting parties, substantially equivalent 
concessions initially negotiated with the applicant contracting 
party.
  4. The contracting parties may, at any time, in special 
circumstances, authorize a contracting party to enter into 
negotiations for modification or withdrawal of a concession 
included in the appropriate Schedule annexed to this Agreement 
subject to the following procedures and conditions:
  (a) Such negotiations and any related consultations shall be 
conducted in accordance with the provisions of paragraphs 1 and 
2 of this Article.
  (b) If agreement between the contracting parties primarily 
concerned is reached in the negotiations, the provisions of 
paragraph 3(b) of this Article shall apply.
  (c) If agreement between the contracting parties primarily 
concerned is not reached within a period of sixty days after 
negotiations have been authorized, or within such longer period 
as the contracting parties may have prescribed the applicant 
contracting party may refer the matter to the contracting 
parties.
  (d) Upon such reference, the contracting parties shall 
promptly examine the matter and submit their views to the 
contracting parties primarily concerned with the aim of 
achieving a settlement. If a settlement is reached, the 
provisions of paragraph 3(b) shall apply as if agreement 
between the contracting parties primarily concerned had been 
reached. If no settlement is reached between the contracting 
parties primarily concerned, the applicant contracting party 
shall be free to modify or withdraw the concession, unless the 
contracting parties determine that the applicant contracting 
party has unreasonably failed to offer adequate compensation. 
If such action is taken, any contracting party with which the 
concession was initially negotiated, any contracting party 
determined under paragraph 4(a) to have a principal supplying 
interest and any contracting party determined under paragraph 
4(a) to have a substantial interest, shall be free, not later 
than six months after such action is taken, to modify or 
withdraw, upon the expiration of thirty days from the day on 
which written notice of such withdrawal is received by the 
contracting parties, substantially equivalent concessions 
initially negotiated with the applicant contracting party.
  5. Before 1 January 1958 and before the end of any period 
envisaged in paragraph 1 a contracting party may elect by 
notifying the contracting parties to reserve the right, for the 
duration of the next period, to modify the appropriate Schedule 
in accordance with the procedures of paragraphs 1 to 3. If a 
contracting party so elects, other contracting parties shall 
have the right, during the same period, to modify or withdraw, 
in accordance with the same procedures, concessions initially 
negotiated with that contracting party.

              Article XXVIII bis--Tariff Negotiations \29\

  1. The contracting parties recognize that customs duties 
often constitute serious obstacles to trade; thus negotiations 
on a reciprocal and mutually advantageous basis, directed to 
the substantial reduction of the general level of tariffs and 
other charges on imports and exports and in particular to the 
reduction of such high tariffs as discourage the importation 
even of minimum quantities, and conducted with due regard to 
the objectives of this Agreement and the varying needs of 
individual contracting parties, are of great importance to the 
expansion of international trade. The contracting parties may 
therefore sponsor such negotiations from time to time.
---------------------------------------------------------------------------
    \29\ The Protocol Amending the Preamble and Parts II and III of the 
GATT (8 UST 1792) added Article XXVIII.
---------------------------------------------------------------------------
  2. (a) Negotiations under this Article may be carried out on 
a selective product-by-product basis or by the application of 
such multilateral procedures as may be accepted by the 
contracting parties concerned. Such negotiations may be 
directed towards the reduction of duties, the binding of duties 
at then existing levels or undertakings that individual duties 
or the average duties on specified categories of products shall 
not exceed specified levels. The binding against increase of 
low duties or of duty-free treatment shall, in principle, be 
recognized as a concession equivalent in value to the reduction 
of high duties.
  (b) The contracting parties recognize that in general the 
success of multilateral negotiations would depend on the 
participation of all contracting parties which conduct a 
substantial proportion of their external trade with one 
another.
  3. Negotiations shall be conducted on a basis which affords 
adequate opportunity to take into account:
          (a) the needs of individual contracting parties and 
        individual industries;
          (b) the needs of less-developed countries for a more 
        flexible use of tariff protection to assist their 
        economic development and the special needs of these 
        countries to maintain tariffs for revenue purposes; and
          (c) all other relevant circumstances, including the 
        fiscal, developmental, strategic and other needs of the 
        contracting parties concerned.

Article XXIX--The Relation of this Agreement to the Havana Charter \30\

  1. The contracting parties undertake to observe to the 
fullest extent of their executive authority the general 
principles of Chapters I to VI inclusive and of Chapter IX of 
the Havana Charter pending their acceptance of it in accordance 
with their constitutional procedures.
---------------------------------------------------------------------------
    \30\ Part C of the Protocol Modifying Part I and Article XXIX of 
the GATT (3 UST 5357) amended Article XXIX.
---------------------------------------------------------------------------
  2. Part II of this Agreement shall be suspended on the day on 
which the Havana Charter enters into force.
  3. If by September 30, 1949, the Havana Charter has not 
entered into force, the contracting parties shall meet before 
December 31, 1949, to agree whether this Agreement shall be 
amended, supplemented or maintained.
  4. If at any time the Havana Charter should cease to be in 
force, the contracting parties shall meet as soon as 
practicable thereafter to agree whether this Agreement shall be 
supplemented, amended or maintained. Pending such agreement, 
Part II of this Agreement shall again enter into force; 
Provided that the provisions of Part II other than Article 
XXIII shall be replaced, mutatis mutandis, in the form in which 
they then appeared in the Havana Charter; and Provided further 
that no contracting party shall be bound by any provisions 
which did not bind it at the time when the Havana Charter 
ceased to be in force.
  5. If any contracting party has not accepted the Havana 
Charter by the date upon which it enters into force, the 
contracting parties shall confer to agree whether, and if so in 
what way, this Agreement in so far as it affects relations 
between such contracting party and other contracting parties, 
shall be supplemented or amended. Pending such agreement the 
provisions of Part II of this Agreement shall, notwithstanding 
the provisions of paragraph 2 of this Article, continue to 
apply as between such contracting party and other contracting 
parties.
  6. Contracting parties which are Members of the International 
Trade Organization shall not invoke the provisions of this 
Agreement so as to prevent the operation of any provision of 
the Havana Charter. The application of the principle underlying 
this paragraph to any contracting party which is not a Member 
of the International Trade Organization shall be the subject of 
an agreement pursuant to paragraph 5 of this Article.

                        Article XXX--Amendments

  1. Except where provision for modification is made elsewhere 
in this Agreement, amendments to the provisions of Part I of 
this Agreement or to the provisions of Article XXIX or of this 
Article shall become effective upon acceptance by all the 
contracting parties, and other amendments to this Agreement 
shall become effective, in respect of those contracting parties 
which accept them, upon acceptance by two thirds of the 
contracting parties and thereafter for each other contracting 
party upon acceptance by it.
  2. Any contracting party accepting an amendment to this 
Agreement shall deposit an instrument of acceptance with the 
Secretary-General of the United Nations within such period as 
the contracting parties may specify. The contracting parties 
may decide that any amendment made effective under this Article 
is of such a nature that any contracting party which has not 
accepted it within a period specified by the contracting 
parties shall be free to withdraw from this Agreement, or to 
remain a contracting party with the consent of the contracting 
parties.

                     Article XXXI--Withdrawal \31\

  Without prejudice to the provisions of paragraph 12 of 
Article XVIII or of Article XXIII or of paragraph 2 of Article 
XXX, any contracting party may withdraw from this Agreement, or 
may separately withdraw on behalf of any of the separate 
customs territories for which it has international 
responsibility and which at the time possesses full autonomy in 
the conduct of its external commercial relations and of the 
other matters provided for in this Agreement. The withdrawal 
shall take effect upon the expiration of six months from the 
day on which written notice of withdrawal is received by the 
Secretary-General of the United Nations.
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    \31\ Sec. Y of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1793) amended Article XXXI.
---------------------------------------------------------------------------

                Article XXXII--Contracting Parties \32\

  1. The contracting parties to this Agreement shall be 
understood to mean those governments which are applying the 
provisions of this Agreement under Articles XXVI or XXXIII or 
pursuant to the Protocol of Provisional Application.
---------------------------------------------------------------------------
    \32\ The Protocol Modifying Certain Provisions of the GATT (62 
Stat. 1992) amended Article XXXII.
---------------------------------------------------------------------------
  2. At any time after the entry into force of this Agreement 
pursuant to paragraph 6 of Article XXVI, those contracting 
parties which have accepted this Agreement pursuant to 
paragraph 4 of Article XXVI may decide that any contracting 
party which has not so accepted it shall cease to be a 
contracting party.

                     Article XXXIII--Accession \33\

  A government not party to this Agreement, or a government 
acting on behalf of a separate customs territory possessing 
full autonomy in the conduct of its external commercial 
relations and of the other matters provided for in this 
Agreement, may accede to this Agreement, on its own behalf or 
on behalf of that territory, on terms to be agreed between such 
government and the contracting parties. Decisions of the 
contracting parties under this paragraph shall be taken by a 
two-thirds majority.
---------------------------------------------------------------------------
    \33\ The Protocol Modifying Certain Provisions of the GATT (62 
Stat. 1992) amended Article XXXIII.
---------------------------------------------------------------------------

                         Article XXXIV--Annexes

  The annexes to this Agreement are hereby made an integral 
part of this Agreement.

   Article XXXV--Non-application of the Agreement between particular 
                        Contracting Parties \34\

  1. This Agreement, or alternatively Article II of this 
Agreement shall not apply as between any contracting party and 
any other contracting party if:
---------------------------------------------------------------------------
    \34\ Protocol Modifying Certain Provisions of the GATT (62 Stat. 
1992) added Article XXXV. Further amended by sec. Z of the Protocol 
Amending the Preamble and Parts II and III of the GATT (8 UST 1793).
---------------------------------------------------------------------------
          (a) the two contracting parties have not entered into 
        tariff negotiations with each other, and
          (b) either of the contracting parties, at the time 
        either becomes a contracting party, does not consent to 
        such application.
  2. The contracting parties may review the operation of this 
Article in particular cases at the request of any contracting 
party and make appropriate recommendations.

                  PART IV--TRADE AND DEVELOPMENT \35\

                Article XXXVI--Principles and Objectives

  1. The contracting parties,
---------------------------------------------------------------------------
    \35\ Sec. 1A of the Protocol to Introduce Part IV (17 UST 1977) 
added Part IV.
---------------------------------------------------------------------------
          (a) recalling that the basic objectives of this 
        Agreement include the raising of standards of living 
        and the progressive development of the economies of all 
        contracting parties, and considering that the 
        attainment of these objectives is particularly urgent 
        for less-developed contracting parties;
          (b) considering that export earnings of the less-
        developed contracting parties can play a vital part in 
        their economic development and that the extent of this 
        contribution depends on the prices paid by the less-
        developed contracting parties for essential imports, 
        the volume of their exports, and the prices received 
        for these exports;
          (c) noting, that there is a wide gap between 
        standards of living in less-developed countries and in 
        other countries;
          (d) recognizing that individual and joint action is 
        essential to further the development of the economies 
        of less-developed contracting parties and to bring 
        about a rapid advance in the standards of living in 
        these countries;
          (e) recognizing that international trade as a means 
        of achieving economic and social advancement should be 
        governed by such rules and procedures--and measures in 
        conformity with such rules and procedures--as are 
        consistent with the objectives set forth in this 
        Article;
          (f) noting that the contracting parties may enable 
        less-developed contracting parties to use special 
        measures to promote their trade and development;
agree as follows:
  2. There is need for a rapid and sustained expansion of the 
export earnings of the less-developed contracting parties.
  3. There is need for positive efforts designed to ensure that 
less-developed contracting parties secure a share in the growth 
in international trade commensurate with the needs of their 
economic development.
  4. Given the continued dependence of many less-developed 
contracting parties on the exportation of a limited range of 
primary products, there is need to provide in the largest 
possible measure more favourable and acceptable conditions of 
access to world markets for these products, and whenever 
appropriate to devise measures designed to stabilize and 
improve conditions of world markets in these products, 
including in particular measures designed to attain stable, 
equitable and remunerative prices, thus permitting an expansion 
of world trade and demand and a dynamic and steady growth of 
the real export earnings of these countries so as to provide 
them with expanding resources for their economic development.
  5. The rapid expansion of the economies of the less-developed 
contracting parties will be facilitated by a diversification of 
the structure of their economies and the avoidance of an excess 
dependence on the export of primary products. There is, 
therefore, need for increased access in the largest possible 
measure to markets under favourable conditions for processed 
and manufactured products currently or potentially of 
particular export interest to less developed contracting 
parties.
  6. Because of the chronic deficiency in the export proceeds 
and other foreign exchange earnings of less-developed 
contracting parties, there are important inter-relationships 
between trade and financial assistance to development. There 
is, therefore, need for close and continuing collaboration 
between the contracting parties and the international lending 
agencies so that they can contribute most effectively to 
alleviating the burdens these less-developed contracting 
parties assume in the interest of their economic development.
  7. There is need for appropriate collaboration between the 
contracting parties, other intergovernmental bodies and the 
organs and agencies of the United Nations system, whose 
activities relate to the trade and economic development of 
less-developed countries.
  8. The developed contracting parties do not expect 
reciprocity for commitments made by them in trade negotiations 
to reduce or remove tariffs and other barriers to the trade of 
less-developed contracting parties.
  9. The adoption of measures to give effect to these 
principles and objectives shall be a matter of conscious and 
purposeful effort on the part of the contracting parties both 
individually and jointly.

                      Article XXXVII--Commitments

  1. The developed contracting parties shall to the fullest 
extent possible--that is, except when compelling reasons, which 
may include legal reasons, make it impossible--give effect to 
the following provisions:
          (a) accord high priority to the reduction and 
        elimination of barriers to products currently or 
        potentially of particular export interest to less-
        developed contracting parties including customs duties 
        and other restrictions which differentiate unreasonably 
        between such products in their primary and in their 
        processed forms:
          (b) refrain from introducing, or increasing the 
        incidence of, customs duties or non-tariff import 
        barriers on products currently or potentially of 
        particular export interest to less-developed 
        contracting parties; and
          (c)(i) refrain from imposing new fiscal measures, and
          (ii) in any adjustments of fiscal policy accord high 
        priority to the reduction and elimination of fiscal 
        measures,
which would hamper, or which hamper, significantly the growth 
of consumption of primary products, in raw or processed form, 
wholly or mainly produced in the territories of less-developed 
contracting parties, and which are applied specifically to 
those products.
  2. (a) Whenever it is considered that effect is not being 
given to any of the provisions of sub-paragraph (a), (b), or 
(c) of paragraph 1, the matter shall be reported to the 
contracting parties either by the contracting party not so 
giving effect to the relevant provisions or by any other 
interested contracting party.
  (b)(i) The contracting parties shall, if requested so to do 
by any interested contracting party, and without prejudice to 
any bilateral consultations that may be undertaken, consult 
with the contracting party concerned and all interested 
contracting parties with respect to the matter with a view to 
reaching solutions satisfactory to all contracting parties 
concerned in order to further the objectives set forth in 
Article XXXVI. In the course of these consultations, the 
reasons given in cases where effect was not being given to the 
provisions of sub-paragraph (a), (b), or (c) of paragraph 1 
shall be examined.
  (ii) As the implementation of the provisions of sub-paragraph 
(a), (b), or (c) of paragraph 1 by individual contracting 
parties may in some cases be more readily achieved where action 
is taken jointly with other developed contracting parties, such 
consultation might, where appropriate, be directed towards this 
end.
  (iii) the consultations by the contracting parties might 
also, in appropriate cases, be directed towards agreement on 
joint action designed to further the objectives of this 
Agreement as envisaged in paragraph 1 of Article XXV.
  3. The developed contracting parties shall:
          (a) make every effort, in cases where a government 
        directly or indirectly determines the resale price of 
        products wholly or mainly produced in the territories 
        of less-developed contracting parties, to maintain 
        trade margins at equitable levels;
          (b) give active consideration to the adoption of 
        other measures designed to provide greater scope for 
        the development of imports from less-developed 
        contracting parties and collaborate in appropriate 
        international action to this end;
          (c) have special regard to the trade interests of 
        less-developed contracting parties when considering the 
        application of other measures permitted under this 
        Agreement to meet particular problems and explore all 
        possibilities of constructive remedies before applying 
        such measures where they would affect essential 
        interests of those contracting parties.
  4. Less-developed contracting parties agree to take 
appropriate action in implementation of the provisions of Part 
IV for the benefit of the trade of other less-developed 
contracting parties, insofar as such action is consistent with 
their individual present and future development, financial and 
trade needs taking into account past trade developments as well 
as the trade interests of less-developed contracting parties as 
a whole.
  5. In the implementation of the commitments set forth in 
paragraphs 1 to 4 each contracting party shall afford to any 
other interested contracting party or contracting parties full 
and prompt opportunity for consultations under the normal 
procedures of this agreement with respect to any matter or 
difficulty which may arise.

                     Article XXXVIII--Joint Action

  1. The contracting parties shall collaborate jointly, within 
the framework of this Agreement and elsewhere, as appropriate, 
to further the objectives set forth in Article XXXVI.
  2. In particular, the contracting parties shall:
          (a) where appropriate, take action, including action 
        through international arrangements, to provide improved 
        and acceptable conditions of access to world markets 
        for primary products of particular interest to less-
        developed contracting parties and to devise measures 
        designed to stabilize and improve conditions of world 
        markets in these products including measures designed 
        to attain stable, equitable and remunerative prices for 
        exports of such products;
          (b) seek appropriate collaboration in matters of 
        trade and development policy with the United Nations 
        and its organs and agencies, including any institutions 
        that may be created on the basis of recommendations by 
        the United Nations Conference on Trade and Development;
          (c) collaborate in analyzing the development plans 
        and policies of individual less-developed contracting 
        parties and in examining trade and aid relationships 
        with a view to devising concrete measures to promote 
        the development of export potential and to facilitate 
        access to export markets for the products of the 
        industries thus developed and, in this connexion seek 
        appropriate collaboration with governments and 
        international organizations, and in particular with 
        organizations having competence in relation to 
        financial assistance for economic development, in 
        systematic studies of trade and aid relationships in 
        individual less-developed contracting parties aimed at 
        obtaining a clear analysis of export potential, market 
        prospects and any further action that may be required;
          (d) keep under continuous review the development of 
        world trade with special reference to the rate of 
        growth of the trade of less-developed contracting 
        parties and make such recommendations to contracting 
        parties as may, in the circumstances, be deemed 
        appropriate;
          (e) collaborate in seeking feasible methods to expand 
        trade for the purpose of economic development, through 
        international harmonization and adjustment of national 
        policies and regulations, through technical and 
        commercial standards affecting production, 
        transportation and marketing, and through export 
        promotion by the establishment of facilities for the 
        increased flow of trade information and the development 
        of market research; and
          (f) establish such institutional arrangements as may 
        be necessary to further the objectives set forth in 
        Article XXXVI and to give effect to the provisions of 
        this Part.
                              ----------                              


ANNEX A--LIST OF TERRITORIES REFERRED TO IN PARAGRAPH 2(a) OF ARTICLE I

United Kingdom of Great Britain and Northern Ireland.
Dependent territories of the United Kingdom of Great Britain 
    and Northern Ireland.
Canada.
Commonwealth of Australia.
Dependent territories of the Commonwealth of Australia.
New Zealand.
Dependent territories of New Zealand.
Union of South Africa including South West Africa.
Ireland.
India (as on April 10, 1947).
Newfoundland.
Southern Rhodesia.
Burma.
Ceylon.

  Certain of the territories listed above have two or more 
preferential rates in force for certain products. Any such 
territory may, by agreement with the other contracting parties 
which are principal suppliers of such products at the most-
favoured-nation rate, substitute for such preferential rates a 
single preferential rate which shall not on the whole be less 
favourable to suppliers at the most-favoured-nation rate than 
the preferences in force prior to such substitution.
  The imposition of an equivalent margin of tariff preference 
to replace a margin of preference in an internal tax existing 
on April 10, 1947, exclusively between two or more of the 
territories listed in this Annex or to replace the preferential 
quantitative arrangements described in the following paragraph, 
shall not be deemed to constitute an increase in a margin of 
tariff preference.
  The preferential arrangements referred to in paragraph 5(b) 
of Article XIV are those existing in the United Kingdom on 
April 10, 1947, under contractual agreements with the 
Governments of Canada, Australia and New Zealand, in respect to 
chilled and frozen beef and veal, frozen mutton and lamb, 
chilled and frozen pork, and bacon. It is the intention, 
without prejudice to any action taken under part I(h) of 
Article XX, that these arrangements shall be eliminated or 
replaced by tariff preferences, and that negotiations to this 
end shall take place as soon as practicable among the countries 
substantially concerned or involved.
  The film hire tax in force in New Zealand on April 10, 1947, 
shall, for the purposes of this Agreement, be treated as a 
customs duty under Article I. The renters' film quota in force 
in New Zealand on April 10, 1947, shall, for the purposes of 
this Agreement, be treated as a screen quota under Article IV.
  The Dominions of India and Pakistan have not been mentioned 
separately in the above list since they had not come into 
existence as such on the base date of April 10, 1947.
                              ----------                              


    ANNEX B--LIST OF TERRITORIES OF THE FRENCH UNION REFERRED TO IN 
                    PARAGRAPH 2(b) OF ARTICLE I \36\

France.
French Equatorial Africa (Treaty Basin of the Congo \37\ and 
    other territories).
---------------------------------------------------------------------------
    \36\ The Fourth Protocol of Rectifications and modifications to the 
annexes and to the text of the schedules to the GATT (10 UST 217) 
amended Annex B.
    \37\ For imports into Metropolitan France and Territories of the 
French Union.
---------------------------------------------------------------------------
French West Africa.
Cameroons under French Trusteeship.\37\
French Somali Coast and Dependencies.
French Establishments in Oceania.
French Establishments in the Condominium of the New 
    Hebrides.\37\
Indo-China.
Madagascar and Dependencies.
Morocco (French zone).\37\
New Caledonia and Dependencies.
Saint-Pierre and Miquelon.
Togo under French Trusteeship.\37\
Tunisia.
                              ----------                              


ANNEX C--LIST OF TERRITORIES OF THE CUSTOMS UNION OF BELGIUM, LUXEMBURG 
     AND THE NETHERLANDS REFERRED TO IN PARAGRAPH 2(b) OF ARTICLE I

The Economic Union of Belgium and Luxemburg.
Belgian Congo.
Ruanda Urundi.
Netherlands.
New Guinea.
Surinam.
Netherlands Antilles.
Republic of Indonesia.

  For imports into the metropolitan territories constituting 
    the Customs Union.
                              ----------                              


ANNEX D--LIST OF TERRITORIES REFERRED TO IN PARAGRAPH 2(b) OF ARTICLE I 
                AS RESPECTS THE UNITED STATES OF AMERICA

United States of America (customs territory).
Dependent territories of the United States of America.
Republic of the Philippines.

  The imposition of an equivalent margin of tariff preference 
to replace a margin of preference in an internal tax existing 
on April 10, 1947, exclusively between two or more of the 
territories listed in this Annex shall not be deemed to 
constitute an increase in a margin of tariff presence.
                              ----------                              


   ANNEX E--LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS 
BETWEEN CHILE AND NEIGHBOURING COUNTRIES REFERRED TO IN PARAGRAPH 2(d) 
                              OF ARTICLE I

  Preferences in force exclusively between Chile on the one 
hand, and
          1. Argentina.
          2. Bolivia.
          3. Peru.
on the other hand.
                              ----------                              


   ANNEX F--LIST OF TERRITORIES COVERED BY PREFERENTIAL ARRANGEMENTS 
  BETWEEN LEBANON AND SYRIA AND NEIGHBORING COUNTRIES REFERRED TO IN 
                      PARAGRAPH 2(d) OF ARTICLE I

  Preferences in force exclusively between the Lebano-Syrian 
Customs Union, on the one hand, and
          1. Palestine.
          2. Transjordan.
on the other hand.
                              ----------                              


 ANNEX G--DATES ESTABLISHING MAXIMUM MARGINS OF PREFERENCE REFERRED TO 
                    IN PARAGRAPH 4 OF ARTICLE I \38\
---------------------------------------------------------------------------

    \38\ The authentic text erroneously reads ``Paragraph 3''. The 
reference to Article I was intended to be a reference to the last 
paragraph of Article I, which originally consisted of only three 
numbered paragraphs.

 
 
 
 
Australia......................................  October 15, 1946.
Canada.........................................  July 1, 1939.
France.........................................  January 1, 1939.
Lebano-Syrian Customs Union....................  November 30, 1938.
Union of South Africa..........................  July 1, 1938.
Southern Rhodesia..............................  May 1, 1941.
 

                              ----------                              


 ANNEX H--PERCENTAGE SHARES OF TOTAL EXTERNAL TRADE TO BE USED FOR THE 
  PURPOSE OF MAKING THE DETERMINATION REFERRED TO IN ARTICLE XXVI \39\

                  (Based on the average of 1949-1953)

    If, prior to the accession of the Government to Japan to 
the General Agreement, the present Agreement has been accepted 
by contracting parties the external trade of which under column 
I accounts for the percentage of such trade specified in 
paragraph 6 of Article XXVI, column I shall be applicable for 
the purposes of that paragraph. If the present Agreement has 
not been so accepted prior to the accession of the Government 
of Japan, column II shall be applicable for the purposes of 
that paragraph.
---------------------------------------------------------------------------
    \39\ Sec. AA of the Protocol Amending the Preamble and Parts II and 
III of the GATT (8 UST 1794) amended Annex H.

----------------------------------------------------------------------------------------------------------------
                                                 Contracting                                       Contracting
                                                parties on--                                      parties on--
                                             ------------------                                -----------------
                                                       Mar. 1,                                           Mar. 1,
                                              Mar. 1,    1955                                   Mar. 1,    1955
                                                1955     and                                      1955     and
                                              (Column   Japan                                   (Column   Japan
                                                 I)    (Column                                     I)    (Column
                                                         II)                                               II)
----------------------------------------------------------------------------------------------------------------
Australia...................................      3.1     3.0   Indonesia.....................      1.3      1.3
Austria.....................................       .9      .8   Italy.........................      2.9      2.8
Belgium-Luxemburg...........................      4.3     4.2   Netherlands, Kingdom of the...      4.7      4.6
Brazil......................................      2.5     2.4   New Zealand...................      1.0      1.0
Burma.......................................       .3      .3   Nicaragua ....................       .1       .1
Canada......................................      6.7     6.5   Norway........................      1.1      1.1
Ceylon......................................       .5      .5   Pakistan......................       .9       .8
Chile.......................................       .6      .6   Peru..........................       .4       .4
Cuba........................................      1.1     1.1   Rhodesia and Nyasaland........       .6       .6
Czechoslovakia..............................      1.4     1.4   Sweden........................      2.5      2.4
Denmark.....................................      1.4     1.4   Turkey........................       .6       .6
Dominican Republic..........................       .1      .1   Union of South Africa.........      1.8      1.8
Finland.....................................      1.0     1.0   United Kingdom................     20.3     19.8
France......................................      8.7     8.5   United States of America......     20.6     20.1
Germany, Federal Republic of................      5.3     5.2   Uruguay.......................       .4       .4
Greece......................................       .4      .4   Japan.........................  .......      2.3
Haiti.......................................       .1      .1
India.......................................      2.4     2.4         Total...................    100.0    100.0
----------------------------------------------------------------------------------------------------------------
Note: These percentages have been computed taking into account the trade of all territories in respect of which
  the General Agreement on Tariffs and Trade is applied.

                              ----------                              


            ANNEX I--NOTES AND SUPPLEMENTARY PROVISIONS \40\

                              ad Article I

Paragraph 1

  The obligations incorporated in paragraph 1 of Article I by 
reference to paragraphs 2 and 4 of Article III and those 
incorporated in paragraph 2(b) of Article II by reference to 
Article VI shall be considered as falling within Part II for 
the purposes of the Protocol of Provisional Application.
---------------------------------------------------------------------------
    \40\ The Protocol Amending the Preamble and Parts II and III of the 
GATT (8 UST 1795-1809) amended Annex I.
---------------------------------------------------------------------------
  The cross-references, in the paragraph immediately above and 
in paragraph 1 of Article I, to paragraphs 2 and 4 of Article 
III shall only apply after Article III has been modified by the 
entry into force of the amendment provided for in the Protocol 
Modifying Part II and Article XXVI of the General Agreement on 
Tariffs and Trade, dated September 14, 1948.

Paragraph 4

  The term ``margin of preference'' means the absolute 
difference between the most-favoured-nation rate of duty and 
the preferential rate of duty for the like product, and not the 
proportionate relation between those rates. As examples:
          (1) If the most-favoured-nation rate were 36 per cent 
        ad valorem and the preferential rate were 24 per cent 
        ad valorem, and not one-third of the most-favoured-
        nation rate;
          (2) If the most-favoured-nation rate were 36 per cent 
        ad valorem and the preferential rate were expressed as 
        two-thirds of the most-favoured-nation rate, the margin 
        of preference would be 12 per cent ad valorem;
          (3) If the most-favoured-nation rate were 2 francs 
        per kilogramme and the preferential rate were 1.50 
        francs per kilogramme, the margin of preference would 
        be 0.50 francs per kilogramme.
  The following kinds of customs action, taken in accordance 
with established uniform procedures, would not be contrary to a 
general binding of margins of preference:
          (i) The re-application to an imported product of a 
        tariff classification or rate of duty, properly 
        applicable to such product, in cases in which the 
        application of such classification or rate to such 
        product was temporarily suspended or inoperative on 
        April 10, 1947; and
          (ii) The classification of a particular product under 
        a tariff item other than that under which importations 
        of that product were classified on April 10, 1947, in 
        cases in which the tariff law clearly contemplates that 
        such product may be classified under more than one 
        tariff item.

                             ad Article II

Paragraph 2(a)

  The cross-reference, in paragraph 2(a) of Article II, to 
paragraph 2 of Article III shall only apply after Article III 
has been modified by the entry into force of the amendment 
provided for in the Protocol Modifying Part II and Article XXVI 
of the General Agreement on Tariffs and Trade, dated September 
14, 1948.

Paragraph 2(b)

  See the note relating to paragraph 1 of Article I.

Paragraph 4

  Except where otherwise specifically agreed between the 
contracting parties which initially negotiated the concession, 
the provisions of this paragraph will be applied in the light 
of the provisions of Article 31 of the Havana Charter.

                             ad Article III

  Any internal tax or other internal charge, or any law, 
regulation or requirement of the kind referred to in paragraph 
1 which applies to any imported product and to the like 
domestic product and is collected or enforced in the case of 
the imported product at the time or point of importation, is 
nevertheless to be regarded as an internal tax or other 
internal charge, or a law, regulation or requirement of the 
kind referred to in paragraph 1, and is accordingly subject to 
the provisions of Article III.

Paragraph 1

  The application of paragraph 1 to internal taxes imposed by 
local governments and authorities within the territory of a 
contracting party is subject to the provisions of the final 
paragraph of article XXIV. The term ``reasonable measures'' in 
the last-mentioned paragraph would not require, for example, 
the repeal of existing national legislation authorizing local 
governments to impose internal taxes which, although 
technically inconsistent with the letter of Article III, are 
not in fact inconsistent with its spirit, if such repeal would 
result in a serious financial hardship for the local 
governments or authorities concerned. With regard to taxation 
by local governments or authorities which is inconsistent with 
both the letter and spirit of Article III, the term 
``reasonable measures'' would permit a contracting party to 
eliminate the inconsistent taxation gradually over a transition 
period, if abrupt action would create serious administrative 
and financial difficulties.

Paragraph 2

  A tax conforming to the requirements of the first sentence of 
paragraph 2 would be considered to be inconsistent with the 
provisions of the second sentence only in cases where 
competition was involved between, on the one hand, the taxed 
product and, on the other hand, a directly competitive or 
substitutable product which was not similarly taxed.

Paragraph 5

  Regulations consistent with the provisions of the first 
sentence of paragraph 5 shall not be considered to be contrary 
to the provisions of the second sentence in any case in which 
all of the products subject to the regulations are produced 
domestically in substantial quantities. A regulation cannot be 
justified as being consistent with the provisions of the second 
sentence on the ground that the proportion or amount allocated 
to each of the products which are the subject of the regulation 
constitutes an equitable relationship between imported and 
domestic products.

                              ad Article V

Paragraph 5

  With regard to transportation charges, the principle laid 
down in paragraph 5 refers to like products being transported 
on the same route under like conditions.

                             ad Article VI

Paragraph 1

  1. Hidden dumping by associated houses (that is, the sale by 
an importer at a price below that corresponding to the price 
invoiced by an exporter with whom the importer is associated, 
and also below the price in the exporting country) constitutes 
a form of price dumping with respect to which the margin of 
dumping may be calculated on the basis of the price at which 
the goods are resold by the importer.
  2. It is recognized that, in the case of imports from a 
country which has a complete or substantially complete monopoly 
of its trade and where all domestic prices are fixed by the 
State, special difficulties may exist in determining price 
comparability for the purposes of paragraph 1, and in such 
cases importing contracting parties may find it necessary to 
take into account the possibility that a strict comparison with 
domestic prices in such a country may not always be 
appropriate.

Paragraphs 2 and 3

  Note 1.--As in many other cases in customs administration, a 
contracting party may require reasonable security (bond or cash 
deposit) for the payment of anti-dumping or countervailing duty 
pending final determination of the facts in any case of 
suspected dumping or subsidization.
  Note 2.--Multiple currency practices can in certain 
circumstances constitute a subsidy to exports which may be met 
by countervailing duties under paragraph 3 or can constitute a 
form of dumping by means of a partial depreciation of a 
country's currency which may be met by action under paragraph 
2. By ``multiple currency practices'' is meant practices by 
governments or sanctioned by governments.

Paragraph 6(b)

  Waivers under the provisions of this sub-paragraph shall be 
granted only on application by the contracting party proposing 
to levy an anti-dumping or countervailing duty, as the case may 
be.

                             ad Article VII

Paragraph 1

  The expression ``or other charges'' is not to be regarded as 
including internal taxes or equivalent charges imposed on or in 
connexion with imported products.

Paragraph 2

  1. It would be in conformity with Article VII to presume that 
``actual value'' may be represented by the invoice price, plus 
any nonincluded charges for legitimate costs which are proper 
elements of ``actual value'' and plus any abnormal discount or 
other reduction from the ordinary competitive price.
  2. It would be in conformity with Article VII, paragraph 
2(b), for a contracting party to construe the phrase ``in the 
ordinary course of trade . . . under fully competitive 
conditions'', as excluding any transaction wherein the buyer 
and seller are not independent of each other and price is not 
the sole consideration.
  3. The standard of ``fully competitive conditions'' permits a 
contracting party to exclude from consideration prices 
involving special discounts limited to exclusive agents.
  4. The wording of sub-paragraphs (a) and (b) permits a 
contracting party to determine the value for customs purposes, 
uniformly either (1) on the basis of a particular exporter's 
prices of the imported merchandise, or (2) on the basis of the 
general price level of like merchandise.

                            ad Article VIII

  1. While Article VIII does not cover the use of multiple 
rates of exchange as such, paragraphs 1 and 4 condemn the use 
of exchange taxes or fees as a device for implementing multiple 
currency practices; if, however, a contracting party is using 
multiple currency exchange fees for balance of payments reasons 
with the approval of the International Monetary Fund, the 
provisions of paragraph 9(a) of Article XV fully safeguard its 
position.
  2. It would be consistent with paragraph 1 if on the 
importation of products from the territory of a contracting 
party into the territory of another contracting party, the 
production of certificates of origin should only be required to 
the extent that is strictly indispensable.

                ad Articles XI, XII, XIII, XIV and XVIII

  Throughout Articles XI, XII, XIII, XIV and XVIII the terms 
``import restrictions'' or ``export restrictions'' include 
restrictions made effective through state-trading operations.

                             ad Article XI

Paragraph 2(c)

  The term ``in any form'' in this paragraph covers the same 
products when in early stage of processing and still 
perishable, which compete directly with the fresh product and 
if freely imported would tend to make the restriction on the 
fresh product ineffective.

Paragraph 2, last sub-paragraph

  The term ``special factors'' includes changes in relative 
productive efficiency as between domestic and foreign 
producers, or as between different foreign producers, but not 
changes artificially brought about by means not permitted under 
the Agreement.

                             ad Article XII

  The contracting parties shall make provision for the utmost 
secrecy in the conduct of any consultation under the provisions 
of this Article.

Paragraph 3(c)(i)

  Contracting parties applying restrictions shall endeavour to 
avoid causing serious prejudice to exports of a commodity on 
which the economy of a contracting party is largely dependent.

Paragraph 4(b)

  It is agreed that the date shall be within ninety days after 
the entry into force of the amendments of this Article effected 
by the Protocol Amending the Preamble and Parts II and III of 
this Agreement. However, should the contracting parties find 
that conditions were not suitable for the application of the 
provisions of this sub-paragraph at the time envisaged, they 
may determine a later date; Provided that such date is not more 
than thirty days after such time as the obligations of Article 
VIII, Sections 2, 3, and 4 of the Articles of Agreement of the 
International Monetary Fund become applicable to contracting 
parties, members of the Fund, the combined foreign trade of 
which constitutes at least fifty per centum of the aggregate 
foreign trade of all contracting parties.

Paragraph 4(e)

  It is agreed that paragraph 4(e) does not add any new 
criteria for the imposition or maintenance of quantitative 
restrictions for balance of payments reasons. It is solely 
intended to ensure that all external factors such as changes in 
the terms of trade, quantitative restrictions, excessive 
tariffs and subsidies, which may be contributing to the balance 
of payments difficulties of the contracting party applying 
restrictions will be fully taken into account.

                            ad Article XIII

Paragraph 2(d)

  No mention was made of ``commercial considerations'' as a 
rule for the allocation of quotas because it was considered 
that its application by governmental authorities might not 
always be practicable. Moreover, in cases where it is 
practicable, a contracting party could apply these 
considerations in the process of seeking agreement, 
consistently with the general rule laid down in the opening 
sentence of paragraph 2.

Paragraph 4

  See note relating to ``special factors'' in connection with 
the last subparagraph of paragraph 2 of Article XI.

                             ad Article XIV

Paragraph 1

  The provisions of this paragraph shall not be so construed as 
to preclude full consideration by the contracting parties, in 
the consultations provided for in paragraph 4 of Article XII 
and in paragraph 12 of Article XVIII, of the nature, effects 
and reasons for discrimination in the field of import 
restrictions.\40\
---------------------------------------------------------------------------
    \40\ Text as amended February 15, 1961.
---------------------------------------------------------------------------

Paragraph 2

  One of the situations contemplated in paragraph 2 is that of 
a contracting party holding balances acquired as a result of 
current transactions which it finds itself unable to use 
without a measure of discrimination.

                             ad Article XV

Paragraph 4

  The word ``frustrate'' is intended to indicate, for example, 
that infringements of the letter of any Article of this 
Agreement by exchange action shall not be regarded as a 
violation of that Article if, in practice, there is no 
appreciable departure from the intent of the Article. Thus, a 
contracting party which, as part of its exchange control 
operated in accordance with the Articles of Agreement of the 
International Monetary Fund, requires payment to be received 
for its exports in its own currency or in the currency of one 
or more members of the International Monetary Fund will not 
thereby be deemed to contravene Article XI or Article XIII. 
Another example would be that of a contracting party which 
specifies on an import license the country from which the goods 
may be imported, for the purpose not of introducing any 
additional element of discrimination in its import licensing 
system but of enforcing permissible exchange controls.

                             ad Article XVI

  The exemption of an exported product from duties or taxes 
borne by the like product when destined for domestic 
consumption, or the remission of such duties or taxes in 
amounts not in excess of those which have accrued, shall not be 
deemed to be a subsidy.

Section B

  1. Nothing in Section B shall preclude the use by a 
contracting party of multiple rates of exchange in accordance 
with the Articles of Agreement of the International Monetary 
Fund.
  2. For the purposes of Section B, a ``primary product'' is 
understood to be any product of farm, forest or fishery, or any 
mineral, in its natural form or which has undergone such 
processing as is customarily required to prepare it for 
marketing in substantial volume in international trade.

Paragraph 3

  1. The fact that a contracting party has not exported the 
product in question during the previous representative period 
would not in itself preclude that contracting party from 
establishing its right to obtain a share of the trade in the 
product concerned.
  2. A system for the stabilization of the domestic price or of 
the return to domestic producers of a primary product 
independently of the movements of export prices, which results 
at times in the sale of the product for export at a price lower 
than the comparable price charged for the like product to 
buyers in the domestic market, shall be considered not to 
involve a subsidy on exports within the meaning of paragraph 3 
if the contracting parties determine that:
          (a) the system has also resulted, or is so designed 
        as to result, in the sale of the product for export at 
        a price higher than the comparable price charged for 
        the like product to buyers in the domestic market; and
          (b) the system is so operated, or is designed so to 
        operate, either because of the effective regulation of 
        production or otherwise, as not to stimulate exports 
        unduly or otherwise seriously to prejudice the 
        interests of other contracting parties.
  Notwithstanding such determination by the contracting 
parties, operations under such a system shall be subject to the 
provisions of paragraph 3 where they are wholly or partly 
financed out of government funds in addition to the funds 
collected from producers in respect of the product concerned.

Paragraph 4

  The intention of paragraph 4 is that the contracting parties 
should seek before the end of 1957 to reach agreement to 
abolish all remaining subsidies as from 1 January 1958; or, 
failing this, to reach agreement to extend the application of 
the standstill until the earliest date thereafter by which they 
can expect to reach such agreement.

                            ad Article XVII

Paragraph 1

  The operations of Marketing Boards, which are established by 
contracting parties and are engaged in purchasing or selling, 
are subject to the provisions of sub-paragraphs (a) and (b).
  The activities of Marketing Boards which are established by 
contracting parties and which do not purchase or sell but lay 
down regulations covering private trade are governed by the 
relevant Articles of this Agreement.
  The charging by a state enterprise of different prices for 
its sales of a product in different markets is not precluded by 
the provisions of this Article, provided that such different 
prices are charged for commercial reasons, to meet conditions 
of supply and demand in export markets.

Paragraph 1(a)

  Governmental measures imposed to ensure standards of quality 
and efficiency in the operation of external trade, or 
privileges granted for the exploitation of national natural 
resources but which do not empower the government to exercise 
control over the trading activities of the enterprise in 
question, do not constitute ``exclusive or special 
privileges''.

Paragraph 1(b)

  A country receiving a ``tied loan'' is free to take this loan 
into account as a ``commercial consideration'' when purchasing 
requirements abroad.

Paragraph 2

  The term ``goods'' is limited to products as understood in 
commercial practice, and is not intended to include the 
purchase or sale of services.

Paragraph 3

  Negotiations which contracting parties agree to conduct under 
this paragraph may be directed towards the reduction of duties 
and other charges on imports and exports or towards the 
conclusion of any other mutually satisfactory arrangement 
consistent with the provisions of this Agreement. (See 
paragraph 4 of Article II and the note to that paragraph.)

Paragraph 4(b)

  The term ``import mark-up'' in this paragraph shall represent 
the margin by which the price charged by the import monopoly 
for the imported product (exclusive of internal taxes within 
the purview of Article III, transportation, distribution, and 
other expenses incident to the purchase, sale or further 
processing, and a reasonable margin of profit) exceeds the 
landed cost.

                            ad Article XVIII

  The contracting parties and the contracting parties concerned 
shall preserve the utmost secrecy in respect of matters arising 
under this Article.

Paragraphs 1 and 4

  1. When they consider whether the economy of a contracting 
party ``can only support low standards of living'', the 
contracting parties shall take into consideration the normal 
position of that economy and shall not base their determination 
on exceptional circumstances such as those which may result 
from the temporary existence of exceptionally favourable 
conditions for the staple export product or products of such 
contracting party.
  2. The phrase ``in the early stages of development'' is not 
meant to apply only to contracting parties which have just 
started their economic development, but also to contracting 
parties the economies of which are undergoing a process of 
industrialization to correct an excessive dependence on primary 
production.

Paragraphs 2, 3, 7, 13 and 22

  The reference to the establishment of particular industries 
shall apply not only to the establishment of a new industry, 
but also to the establishment of a new branch of production in 
an existing industry and to the substantial transformation of 
an existing industry, and to the substantial expansion of an 
existing industry supplying a relatively small proportion of 
the domestic demand. It shall also cover the reconstruction of 
an industry destroyed or substantially damaged as a result of 
hostilities or natural disasters.

Paragraph 7(b)

  A modification or withdrawal, pursuant to paragraph 7(b), by 
a contracting party, other than the applicant contracting 
party, referred to in paragraph 7(a), shall be made within six 
months of the day in which the action is taken by the applicant 
contracting party, and shall become effective on the thirtieth 
day following the day on which such modification or withdrawal 
has been notified to the contracting parties.

Paragraph 11

  The second sentence in paragraph 11 shall not be interpreted 
to mean that a contracting party is required to relax or remove 
restrictions if such relaxation or removal would thereupon 
produce conditions, justifying the intensification or 
institution, respectively, of restrictions under paragraph 9 of 
Article XVIII.

Paragraph 12(b)

  The date referred to in paragraph 12(b) shall be the date 
determined by the contracting parties in accordance with the 
provisions of paragraph 4(b) of Article XII of this Agreement.

Paragraphs 13 and 14

  It is recognized that, before deciding on the introduction of 
a measure and notifying the contracting parties in accordance 
with paragraph 14, a contracting party may need a reasonable 
period of time to assess the competitive position of the 
industry concerned.

Paragraphs 15 and 16

  It is understood that the contracting parties shall invite a 
contracting party proposing to apply a measure under Section C 
to consult with them pursuant to paragraph 16 if they are 
requested to do so by a contracting party the trade of which 
would be appreciably affected by the measure in question.

Paragraphs 16, 18, 19 and 22

  1. It is understood that the contracting parties may concur 
in a proposed measure subject to specific conditions or 
limitations. If the measure as applied does not conform to the 
terms of the concurrence it will to that extent be deemed a 
measure in which the contracting parties have not concurred. In 
cases in which the contracting parties have concurred in a 
measure for a specified period, the contracting party 
concerned, if it finds that the maintenance of the measure for 
a further period of time is required to achieve the objective 
for which the measure was originally taken, may apply to the 
contracting parties for an extension of that period in 
accordance with the provisions and procedures of Section C or 
D, as the case may be.
  2. It is expected that the contracting parties will, as a 
rule, refrain from concurring in a measure which is likely to 
cause serious prejudice to exports of a commodity on which the 
economy of a contracting party is largely dependent.

Paragraphs 18 and 22

  The phrase ``that the interests of other contracting parties 
are adequately safeguarded'' is meant to provide latitude 
sufficient to permit consideration in each case of the most 
appropriate method of safeguarding those interests. The 
appropriate method may, for instance, take the form of an 
additional concession to be applied by the contracting party 
having recourse to Section C or D during such time as the 
deviation from the other Articles of the Agreement would remain 
in force or of the temporary suspension by any other 
contracting party referred to in paragraph 18 of a concession 
substantially equivalent to the impairment due to the 
introduction of the measure in question. Such contracting party 
would have the right to safeguard its interests through such a 
temporary suspension of a concession; Provided that this right 
will not be exercised when, in the case of a measure imposed by 
a contracting party coming within the scope of paragraph 4(a), 
the contracting parties have determined that the extent of the 
compensatory concession proposed was adequate.

Paragraph 19

  The provisions of paragraph 19 are intended to cover the 
cases where an industry has been in existence beyond the 
``reasonable period of time'' referred to in the note to 
paragraphs 13 and 14, and should not be so construed as to 
deprive a contracting party coming within the scope of 
paragraph 4(a) of Article XVIII, of its right to resort to the 
other provisions of Section C, including paragraph 17, with 
regard to a newly established industry even though it has 
benefited from incidental protection afforded by balance of 
payments import restrictions.

Paragraph 21

  Any measure taken pursuant to the provisions of paragraph 21 
shall be withdrawn forthwith if the action taken in accordance 
with paragraph 17 is withdrawn or if the contracting parties 
concur in the measure proposed after the expiration of the 
ninety-day time limit specified in paragraph 17.

                             ad Article XX

Sub-paragraph (h)

  The exception provided for in this sub-paragraph extends to 
any commodity agreement which conforms to the principles 
approved by the Economic and Social Council in its Resolution 
30 (IV) of 28 March 1947.

                            ad Article XXIV

Paragraph 9

  It is understood that the provisions of Article I would 
require that, when a product which has been imported into the 
territory of a member of a customs union or free-trade area at 
a preferential rate of duty is re-exported to the territory of 
another member of such union or area, the latter member should 
collect a duty equal to the difference between the duty already 
paid and any higher duty that would be payable if the product 
were being imported directly into its territory.

Paragraph 11

  Measures adopted by India and Pakistan in order to carry out 
definitive trade arrangements between them, once they have been 
agreed upon, might depart from particular provisions of this 
Agreement, but these measures would in general be consistent 
with the objectives of the Agreement.

                           ad Article XXVIII

  The contracting parties and each contracting party concerned 
should arrange to conduct the negotiations and consultations 
with the greatest possible secrecy in order to avoid premature 
disclosure of details of prospective tariff changes. The 
contracting parties shall be informed immediately of all 
changes in national tariffs resulting from recourse to this 
Article.

Paragraph 1

  1. If the contracting parties specify a period other than a 
three-year period, a contracting party may act pursuant to 
paragraph 1 or paragraph 3 of Article XXVIII on the first day 
following the expiration of such other period and, unless the 
contracting parties have again specified another period, 
subsequent periods will be three-year periods following the 
expiration of such specified period.
  2. The provision that on 1 January 1958, and on other days 
determined pursuant to paragraph 1, a contracting party ``may . 
. . modify, or withdraw a concession'' means that on such day, 
and on the first day after the end of each period, the legal 
obligation of such contracting party under Article II is 
altered; it does not mean that the changes in its customs 
tariff should necessarily be made effective on that day. If a 
tariff change resulting from negotiations undertaken pursuant 
to this Article is delayed, the entry into force of any 
compensatory concessions may be similarly delayed.
  3. Not earlier than six months, nor later than three months, 
prior to 1 January 1958, or to the termination date of any 
subsequent period, a contracting party wishing to modify or 
withdraw any concession embodied in the appropriate Schedule, 
should notify the contracting parties to this effect. The 
contracting parties shall then determine the contracting party 
or contracting parties with which the negotiations or 
consultations referred to in paragraph 1 shall take place. Any 
contracting party so determined shall participate in such 
negotiations or consultations with the applicant contracting 
party with the aim of reaching agreement before the end of the 
period. Any extension of the assured life of the Schedules 
shall relate to the Schedules as modified after such 
negotiations, in accordance with paragraphs 1, 2, and 3 of 
Article XXVIII. If the contracting parties are arranging for 
multilateral tariff negotiations to take place within the 
period of six months before 1 January 1958, or before any other 
day determined pursuant to paragraph 1, they shall include in 
the arrangements for such negotiations suitable procedures for 
carrying out the negotiations referred to in this paragraph.
  4. The object of providing for the participation in the 
negotiations of any contracting party with a principal 
supplying interest, in addition to any contracting party with 
which the concession was initially negotiated, is to ensure 
that a contracting party with a larger share in trade affected 
by the concession than a contracting party with which the 
concession was initially negotiated shall have an effective 
opportunity to protect the contractual right which it enjoys 
under this Agreement. On the other hand, it is not intended 
that the scope of the negotiations should be such as to make 
negotiations and agreement under Article XXVIII unduly 
difficult nor to create complications in the application of 
this Article in the future to concessions which result from 
negotiations thereunder. Accordingly, the contracting parties 
should only determine that a contracting party has a principal 
supplying interest if that contracting party has had, over a 
reasonable period of time prior to the negotiations, a larger 
share in the market of the applicant contracting party than a 
contracting party with which the concession was initially 
negotiated or would, in the judgment of the contracting 
parties, have had such a share in the absence of discriminatory 
quantitative restrictions maintained by the applicant 
contracting party. It would therefore not be appropriate for 
the contracting parties to determine that more than one 
contracting party, or in those exceptional cases where there is 
near equality more than two contracting parties, had a 
principal supplying interest.
  5. Notwithstanding the definition of a principal supplying 
interest in note 4 of paragraph 1, the contracting parties may 
exceptionally determine that a contracting party has a 
principal supplying interest if the concession in question 
affects trade which constitutes a major part of the total 
exports of such contracting party.
  6. It is not intended that provision for participation in the 
negotiations of any contracting party with a principal 
supplying interest, and for consultation with any contracting 
party having a substantial interest in the concession which the 
applicant contracting party is seeking to modify or withdraw, 
should have the effect that it should have to pay compensation 
or suffer retaliation greater than the withdrawal or 
modification sought, judged in the light of the conditions of 
trade at the time of the proposed withdrawal or modification, 
making allowance for any discriminatory quantitative 
restrictions maintained by the applicant contracting party.
  7. The expression ``substantial interest'' is not capable of 
a precise definition and accordingly may present difficulties 
for the contracting parties. It is, however, intended to be 
construed to cover only those contracting parties which have, 
or in the absence of discriminatory quantitative restrictions 
affecting their exports could reasonably be expected to have, a 
significant share in the market of the contracting party 
seeking to modify or withdraw the concession.

Paragraph 4

  1. Any request for authorization to enter into negotiations 
shall be accompanied by all relevant statistical and other 
data. A decision on such request shall be made within thirty 
days of its submission.
  2. It is recognized that to permit certain contracting 
parties, depending in large measure on a relatively small 
number of primary commodities and relying on the tariff as an 
important aid for furthering diversification of their economies 
or as an important source of revenue, normally to negotiate for 
the modification or withdrawal of concessions only under 
paragraph 1 of Article XXVIII, might cause them at such a time 
to make modifications or withdrawals which in the long run 
would prove unnecessary. To avoid such a situation the 
contracting parties shall authorize any such contracting party, 
under paragraph 4, to enter into negotiations unless they 
consider this would result in, or contribute substantially 
toward, such an increase in tariff levels as to threaten the 
stability of the Schedules to this Agreement or lead to undue 
disturbance of international trade.
  3. It is expected that negotiations authorized under 
paragraph 4 for modification or withdrawal of a single item, or 
a very small group of items, could normally be brought to a 
conclusion in sixty days. It is recognized, however, that such 
a period will be inadequate for cases involving negotiations 
for the modification or withdrawal of a larger number of items 
and in such cases, therefore, it would be appropriate for the 
contracting parties to prescribe a longer period.
  4. The determination referred to in paragraph 4(d) shall be 
made by the contracting parties within thirty days of the 
submission of the matter to them, unless the applicant 
contracting party agrees to a longer period.
  5. In determining under paragraph 4(d) whether an applicant 
contracting party has unreasonably failed to offer adequate 
compensation, it is understood that the contracting parties 
will take due account of the special position of a contracting 
party which has bound a high proportion of its tariffs at very 
low rates of duty and to this extent has less scope than other 
contracting parties to make compensatory adjustment.

                         ad Article XXVIII bis

Paragraph 3

  It is understood that the reference to fiscal needs would 
include the revenue aspect of duties and particularly duties 
imposed primarily for revenue purposes or duties imposed on 
products which can be substituted for products subject to 
revenue duties to prevent the avoidance of such duties.

                            ad Article XXIX

Paragraph 1

  Chapters VII and VIII of the Havana Charter have been 
excluded from paragraph 1 because they generally deal with the 
organization, functions and procedures of the International 
Trade Organization.

                               ad Part IV

  The words ``developed contracting parties'' and the words 
``less-developed contracting parties'' as used in Part IV are 
to be understood to refer to developed and less-developed 
countries which are parties to the General Agreement on Tariffs 
and Trade.

                            ad Article XXXVI

Paragraph 1

  This Article is based upon the objectives set forth in 
Article I as it will be amended by Section A of paragraph 1 of 
the Protocol Amending Part I and Articles XXIX and XXX when 
that Protocol enters into force.

Paragraph 4

  The term ``primary products'' includes agricultural products, 
vide paragraph 2 of the note Ad Article XVI, Section B.

Paragraph 5

  A diversification programme would generally include the 
intensification of activities for the processing of primary 
products and the development of manufacturing industries, 
taking into account the situation of the particular contracting 
party and the world outlook for production and consumption of 
different commodities.

Paragraph 8

  It is understood that the phrase ``do not expect 
reciprocity'' means, in accordance with the objectives set 
forth in this Article, that the less-developed contracting 
parties should not be expected, in the course of trade 
negotiations, to make contributions which are inconsistent with 
their individual development, financial and trade needs, taking 
into consideration past trade developments.
  This paragraph would apply in the event of action under 
Section A of Article XVIII, Article XXVIII, Article XXVIII bis 
(Article XXIX after the amendment set forth in Section A of 
paragraph 1 of the Protocol Amending Part I and Articles XXIX 
and XXX shall have become effective), Article XXXIII, or any 
other procedure under this Agreement.

                           ad Article XXXVII

Paragraph 1(a)

  This paragraph would apply in the event of negotiations for 
reduction or elimination of tariffs or other restrictive 
regulations of commerce under Articles XXVIII, XXVIII bis (XXIX 
after the amendment set forth in Section A of paragraph 1 of 
the Protocol Amending Part I and Articles XXIX and XXX shall 
have become effective), and Article XXXIII, as well as in 
connexion with other action to effect such reduction or 
elimination which contracting parties may be able to undertake.

Paragraph 3(b)

  The other measures referred to in this paragraph might 
include steps to promote domestic structural changes, to 
encourage the consumption of particular products, or to 
introduce measures of trade promotion.
                              ----------                              


PROTOCOL OF PROVISIONAL APPLICATION OF THE GENERAL AGREEMENT OF TARIFFS 
                             AND TRADE \41\

  1. The Governments of the Commonwealth of Australia, the 
Kingdom of Belgium (in respect of its metropolitan territory), 
Canada, the French Republic (in respect of its metropolitan 
territory), the Grand-Duchy of Luxemburg, the Kingdom of the 
Netherlands (in respect of its metropolitan territory), the 
United Kingdom of Great Britain and Northern Ireland (in 
respect of its metropolitan territory), and the United States 
of America, undertake, provided that this Protocol shall have 
been signed on behalf of all the foregoing Governments not 
later than November 15, 1947, to apply provisionally on and 
after January 1, 1948:
---------------------------------------------------------------------------
    \41\ 61 Stat., part (61), page A2051.
---------------------------------------------------------------------------
          (a) Parts I and III of the General Agreement on 
        Tariffs and Trade, and
          (b) Part II of that Agreement to the fullest extent 
        not inconsistent with existing legislation.
  2. The foregoing Governments shall make effective such 
provisional application of the General Agreement, in respect of 
any of their territories other than their metropolitan 
territories, on or after January 1, 1948, upon the expiration 
of thirty days from the day on which notice of such application 
is received by the Secretary-General of the United Nations.
  3. Any other Government signatory to this Protocol shall make 
effective such provisional application of the General 
Agreement, on or after January 1, 1948, upon the expiration of 
thirty days from the day of signature of this Protocol on 
behalf of such Government.
  4. This Protocol shall remain open for signature at the 
Headquarters of the United Nations, (a) until November 15, 
1947, on behalf of any Government named in paragraph 1 of this 
Protocol which has not signed it on this day, and (b) until 
June 30, 1948, on behalf of any other Government signatory to 
the Final Act adopted at the conclusion of the Second Session 
of the Preparatory Committee of the United Nations Conference 
on Trade and Employment which has not signed it on this day.
  5. Any Government applying this Protocol shall be free to 
withdraw such application, and such withdrawal shall take 
effect upon the expiration of sixty days from the day on which 
written notice of such withdrawal is received by the Secretary-
General of the United Nations.
  6. The original of this Protocol shall be deposited with the 
Secretary-General of the United Nations, who will furnish 
certified copies thereof to all interested Governments.


  In Witness Whereof the respective Representatives, after 
having communicated their full powers, found to be in good and 
due form, have signed this Protocol.


  Done at Geneva, in a single copy, in the English and French 
languages, both texts authentic, this thirtieth day of October, 
one thousand nine hundred and forty-seven.
        b. The General Agreement on Tariffs and Trade, 1994 \1\

                   Signed at Marrakesh April 15, 1994

              General Agreement on Tariffs and Trade 1994

    1. The General Agreement on Tariffs and Trade 1994 (``GATT 
1994'') shall consist of:
---------------------------------------------------------------------------
    \1\ 1867 UNTS 187.
---------------------------------------------------------------------------
          (a) the provisions in the General Agreement on 
        Tariffs and Trade, dated 30 October 1947, annexed to 
        the Final Act Adopted at the Conclusion of the Second 
        Session of the Preparatory Committee of the United 
        Nations Conference on Trade and Employment (excluding 
        the Protocol of Provisional Application), as rectified, 
        amended or modified by the terms of legal instruments 
        which have entered into force before the date of entry 
        into force of the WTO Agreement;
          (b) the provisions of the legal instruments set forth 
        below that have entered into force under the GATT 1947 
        before the date of entry into force of the WTO 
        Agreement:
                  (i) protocols and certifications relating to 
                tariff concessions;
                  (ii) protocols of accession (excluding the 
                provisions (a) concerning provisional 
                application and withdrawal of provisional 
                application and (b) providing that Part II of 
                GATT 1947 shall be applied provisionally to the 
                fullest extent not inconsistent with 
                legislation existing on the date of the 
                Protocol);
                  (iii) decisions on waivers granted under 
                Article XXV of GATT 1947 and still in force on 
                the date of entry into force of the WTO 
                Agreement;
                  (iv) other decisions of the CONTRACTING 
                PARTIES to GATT 1947;
          (c) the Understandings set forth below:
                  (i) Understanding on the Interpretation of 
                Article II:1(b) of the General Agreement on 
                Tariffs and Trade 1994;
                  (ii) Understanding on the Interpretation of 
                Article XVII of the General Agreement on 
                Tariffs and Trade 1994;
                  (iii) Understanding on Balance-of-Payments 
                Provisions of the General Agreement on Tariffs 
                and Trade 1994;
                  (iv) Understanding on the Interpretation of 
                Article XXIV of the General Agreement on 
                Tariffs and Trade 1994;
                  (v) Understanding in Respect of Waivers of 
                Obligations under the General Agreement on 
                Tariffs and Trade 1994;
                  (vi) Understanding on the Interpretation of 
                Article XXVIII of the General Agreement on 
                Tariffs and Trade 1994; and
          (d) the Marrakesh Protocol to GATT 1994.
    2. Explanatory Notes
          (a) The references to ``contracting party'' in the 
        provisions of GATT 1994 shall be deemed to read 
        ``Member''. The references to ``less-developed 
        contracting party'' and ``developed contracting party'' 
        shall be deemed to read ``developing country Member'' 
        and ``developed country Member''. The references to 
        ``Executive Secretary'' shall be deemed to read 
        ``Director-General of the WTO''.
          (b) The references to the CONTRACTING PARTIES acting 
        jointly in Articles XV:1, XV:2, XV:8, XXXVIII and the 
        Notes Ad Article XII and XVIII; and in the provisions 
        on special exchange agreements in Articles XV:2, XV:3, 
        XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be 
        references to the WTO. The other functions that the 
        provisions of GATT 1994 assign to the CONTRACTING 
        PARTIES acting jointly shall be allocated by the 
        Ministerial Conference.
          (c)(i) The text of GATT 1994 shall be authentic in 
        English, French and Spanish.
          (ii) The text of GATT 1994 in the French language 
        shall be subject to the rectifications of terms 
        indicated in Annex A to document MTN.TNC/41.
          (iii) The authentic text of GATT 1994 in the Spanish 
        language shall be the text in Volume IV of the Basic 
        Instruments and Selected Documents series, subject to 
        the rectifications of terms indicated in Annex B to 
        document MTN.TNC/41.
    3.(a) The provisions of Part II of GATT 1994 shall not 
apply to measures taken by a Member under specific mandatory 
legislation, enacted by that Member before it became a 
contracting party to GATT 1947, that prohibits the use, sale or 
lease of foreign-built or foreign-reconstructed vessels in 
commercial applications between points in national waters or 
the waters of an exclusive economic zone. This exemption 
applies to: (a) the continuation or prompt renewal of a non-
conforming provision of such legislation; and (b) the amendment 
to a non-conforming provision of such legislation to the extent 
that the amendment does not decrease the conformity of the 
provision with Part II of GATT 1947. This exemption is limited 
to measures taken under legislation described above that is 
notified and specified prior to the date of entry into force of 
the WTO Agreement. If such legislation is subsequently modified 
to decrease its conformity with Part II of GATT 1994, it will 
no longer qualify for coverage under this paragraph.
    (b) The Ministerial Conference shall review this exemption 
not later than five years after the date of entry into force of 
the WTO Agreement and thereafter every two years for as long as 
the exemption is in force for the purpose of examining whether 
the conditions which created the need for the exemption still 
prevail.
    (c) A Member whose measures are covered by this exemption 
shall annually submit a detailed statistical notification 
consisting of a five-year moving average of actual and expected 
deliveries of relevant vessels as well as additional 
information on the use, sale, lease or repair of relevant 
vessels covered by this exemption.
    (d) A Member that considers that this exemption operates in 
such a manner as to justify a reciprocal and proportionate 
limitation on the use, sale, lease or repair of vessels 
constructed in the territory of the Member invoking the 
exemption shall be free to introduce such a limitation subject 
to prior notification to the Ministerial Conference.
    (e) This exemption is without prejudice to solutions 
concerning specific aspects of the legislation covered by this 
exemption negotiated in sectoral agreements or in other fora.
 c. Agreement on Implementation of Article VI of the General Agreement 
                       on Tariffs and Trade 1994

  Signed at Marrakesh, April 15, 1994; Entered into force, January 1, 
                                  1995

 Agreement on Implementation of Article VI of the General Agreement on 
                         Tariffs and Trade 1994

    Members hereby agree as follows:

                                 PART I

                         Article 1--Principles

    An anti dumping measure shall be applied only under the 
circumstances provided for in Article VI of GATT 1994 and 
pursuant to investigations initiated and conducted in 
accordance with the provisions of this Agreement. The following 
provisions govern the application of Article VI of GATT 1994 in 
so far as action is taken under anti dumping legislation or 
regulations.

                  Article 2--Determination of Dumping

    2.1 For the purpose of this Agreement, a product is to be 
considered as being dumped, i.e. introduced into the commerce 
of another country at less than its normal value, if the export 
price of the product exported from one country to another is 
less than the comparable price, in the ordinary course of 
trade, for the like product when destined for consumption in 
the exporting country.
    2.2 When there are no sales of the like product in the 
ordinary course of trade in the domestic market of the 
exporting country or when, because of the particular market 
situation or the low volume of the sales in the domestic market 
of the exporting country , such sales do not permit a proper 
comparison, the margin of dumping shall be determined by 
comparison with a comparable price of the like product when 
exported to an appropriate third country, provided that this 
price is representative, or with the cost of production in the 
country of origin plus a reasonable amount for administrative, 
selling and general costs and for profits.
          2.2.1 Sales of the like product in the domestic 
        market of the exporting country or sales to a third 
        country at prices below per unit (fixed and variable) 
        costs of production plus administrative, selling and 
        general costs may be treated as not being in the 
        ordinary course of trade by reason of price and may be 
        disregarded in determining normal value only if the 
        authorities determine that such sales are made within 
        an extended period of time in substantial quantities 
        and are at prices which do not provide for the recovery 
        of all costs within a reasonable period of time. If 
        prices which are below per unit costs at the time of 
        sale are above weighted average per unit costs for the 
        period of investigation, such prices shall be 
        considered to provide for recovery of costs within a 
        reasonable period of time.
                  2.2.1.1 For the purpose of paragraph 2, costs 
                shall normally be calculated on the basis of 
                records kept by the exporter or producer under 
                investigation, provided that such records are 
                in accordance with the generally accepted 
                accounting principles of the exporting country 
                and reasonably reflect the costs associated 
                with the production and sale of the product 
                under consideration. Authorities shall consider 
                all available evidence on the proper allocation 
                of costs, including that which is made 
                available by the exporter or producer in the 
                course of the investigation provided that such 
                allocations have been historically utilized by 
                the exporter or producer, in particular in 
                relation to establishing appropriate 
                amortization and depreciation periods and 
                allowances for capital expenditures and other 
                development costs. Unless already reflected in 
                the cost allocations under this sub paragraph, 
                costs shall be adjusted appropriately for those 
                non recurring items of cost which benefit 
                future and/or current production, or for 
                circumstances in which costs during the period 
                of investigation are affected by start up 
                operations.
          2.2.2 For the purpose of paragraph 2, the amounts for 
        administrative, selling and general costs and for 
        profits shall be based on actual data pertaining to 
        production and sales in the ordinary course of trade of 
        the like product by the exporter or producer under 
        investigation. When such amounts cannot be determined 
        on this basis, the amounts may be determined on the 
        basis of:
                  (i) the actual amounts incurred and realized 
                by the exporter or producer in question in 
                respect of production and sales in the domestic 
                market of the country of origin of the same 
                general category of products;
                  (ii) the weighted average of the actual 
                amounts incurred and realized by other 
                exporters or producers subject to investigation 
                in respect of production and sales of the like 
                product in the domestic market of the country 
                of origin;
                  (iii) any other reasonable method, provided 
                that the amount for profit so established shall 
                not exceed the profit normally realized by 
                other exporters or producers on sales of 
                products of the same general category in the 
                domestic market of the country of origin.
    2.3 In cases where there is no export price or where it 
appears to the authorities concerned that the export price is 
unreliable because of association or a compensatory arrangement 
between the exporter and the importer or a third party, the 
export price may be constructed on the basis of the price at 
which the imported products are first resold to an independent 
buyer, or if the products are not resold to an independent 
buyer, or not resold in the condition as imported, on such 
reasonable basis as the authorities may determine.
    2.4 A fair comparison shall be made between the export 
price and the normal value. This comparison shall be made at 
the same level of trade, normally at the ex factory level, and 
in respect of sales made at as nearly as possible the same 
time. Due allowance shall be made in each case, on its merits, 
for differences which affect price comparability, including 
differences in conditions and terms of sale, taxation, levels 
of trade, quantities, physical characteristics, and any other 
differences which are also demonstrated to affect price 
comparability. In the cases referred to in paragraph 3, 
allowances for costs, including duties and taxes, incurred 
between importation and resale, and for profits accruing, 
should also be made. If in these cases price comparability has 
been affected, the authorities shall establish the normal value 
at a level of trade equivalent to the level of trade of the 
constructed export price, or shall make due allowance as 
warranted under this paragraph. The authorities shall indicate 
to the parties in question what information is necessary to 
ensure a fair comparison and shall not impose an unreasonable 
burden of proof on those parties.
          2.4.1 When the comparison under paragraph 4 requires 
        a conversion of currencies, such conversion should be 
        made using the rate of exchange on the date of sale , 
        provided that when a sale of foreign currency on 
        forward markets is directly linked to the export sale 
        involved, the rate of exchange in the forward sale 
        shall be used. Fluctuations in exchange rates shall be 
        ignored and in an investigation the authorities shall 
        allow exporters at least 60 days to have adjusted their 
        export prices to reflect sustained movements in 
        exchange rates during the period of investigation.
          2.4.2 Subject to the provisions governing fair 
        comparison in paragraph 4, the existence of margins of 
        dumping during the investigation phase shall normally 
        be established on the basis of a comparison of a 
        weighted average normal value with a weighted average 
        of prices of all comparable export transactions or by a 
        comparison of normal value and export prices on a 
        transaction to transaction basis. A normal value 
        established on a weighted average basis may be compared 
        to prices of individual export transactions if the 
        authorities find a pattern of export prices which 
        differ significantly among different purchasers, 
        regions or time periods, and if an explanation is 
        provided as to why such differences cannot be taken 
        into account appropriately by the use of a weighted 
        average to weighted average or transaction to 
        transaction comparison.
    2.5 In the case where products are not imported directly 
from the country of origin but are exported to the importing 
Member from an intermediate country, the price at which the 
products are sold from the country of export to the importing 
Member shall normally be compared with the comparable price in 
the country of export. However, comparison may be made with the 
price in the country of origin, if, for example, the products 
are merely transshipped through the country of export, or such 
products are not produced in the country of export, or there is 
no comparable price for them in the country of export.
    2.6 Throughout this Agreement the term ``like product'' 
(``produit similaire'') shall be interpreted to mean a product 
which is identical, i.e. alike in all respects to the product 
under consideration, or in the absence of such a product, 
another product which, although not alike in all respects, has 
characteristics closely resembling those of the product under 
consideration.
    2.7 This Article is without prejudice to the second 
Supplementary Provision to paragraph 1 of Article VI in Annex I 
to GATT 1994.

                   Article 3--Determination of Injury

    3.1 A determination of injury for purposes of Article VI of 
GATT 1994 shall be based on positive evidence and involve an 
objective examination of both (a) the volume of the dumped 
imports and the effect of the dumped imports on prices in the 
domestic market for like products, and (b) the consequent 
impact of these imports on domestic producers of such products.
    3.2 With regard to the volume of the dumped imports, the 
investigating authorities shall consider whether there has been 
a significant increase in dumped imports, either in absolute 
terms or relative to production or consumption in the importing 
Member. With regard to the effect of the dumped imports on 
prices, the investigating authorities shall consider whether 
there has been a significant price undercutting by the dumped 
imports as compared with the price of a like product of the 
importing Member, or whether the effect of such imports is 
otherwise to depress prices to a significant degree or prevent 
price increases, which otherwise would have occurred, to a 
significant degree. No one or several of these factors can 
necessarily give decisive guidance.
    3.3 Where imports of a product from more than one country 
are simultaneously subject to anti dumping investigations, the 
investigating authorities may cumulatively assess the effects 
of such imports only if they determine that (a) the margin of 
dumping established in relation to the imports from each 
country is more than de minimis as defined in paragraph 8 of 
Article 5 and the volume of imports from each country is not 
negligible and (b) a cumulative assessment of the effects of 
the imports is appropriate in light of the conditions of 
competition between the imported products and the conditions of 
competition between the imported products and the like domestic 
product.
    3.4 The examination of the impact of the dumped imports on 
the domestic industry concerned shall include an evaluation of 
all relevant economic factors and indices having a bearing on 
the state of the industry, including actual and potential 
decline in sales, profits, output, market share, productivity, 
return on investments, or utilization of capacity; factors 
affecting domestic prices; the magnitude of the margin of 
dumping; actual and potential negative effects on cash flow, 
inventories, employment, wages, growth, ability to raise 
capital or investments. This list is not exhaustive, nor can 
one or several of these factors necessarily give decisive 
guidance.
    3.5 It must be demonstrated that the dumped imports are, 
through the effects of dumping, as set forth in paragraphs 2 
and 4, causing injury within the meaning of this Agreement. The 
demonstration of a causal relationship between the dumped 
imports and the injury to the domestic industry shall be based 
on an examination of all relevant evidence before the 
authorities. The authorities shall also examine any known 
factors other than the dumped imports which at the same time 
are injuring the domestic industry, and the injuries caused by 
these other factors must not be attributed to the dumped 
imports. Factors which may be relevant in this respect include, 
inter alia, the volume and prices of imports not sold at 
dumping prices, contraction in demand or changes in the 
patterns of consumption, trade restrictive practices of and 
competition between the foreign and domestic producers, 
developments in technology and the export performance and 
productivity of the domestic industry.
    3.6 The effect of the dumped imports shall be assessed in 
relation to the domestic production of the like product when 
available data permit the separate identification of that 
production on the basis of such criteria as the production 
process, producers' sales and profits. If such separate 
identification of that production is not possible, the effects 
of the dumped imports shall be assessed by the examination of 
the production of the narrowest group or range of products, 
which includes the like product, for which the necessary 
information can be provided.
    3.7 A determination of a threat of material injury shall be 
based on facts and not merely on allegation, conjecture or 
remote possibility. The change in circumstances which would 
create a situation in which the dumping would cause injury must 
be clearly foreseen and imminent. In making a determination 
regarding the existence of a threat of material injury, the 
authorities should consider, inter alia, such factors as:
          (i) a significant rate of increase of dumped imports 
        into the domestic market indicating the likelihood of 
        substantially increased importation;
          (ii) sufficient freely disposable, or an imminent, 
        substantial increase in, capacity of the exporter 
        indicating the likelihood of substantially increased 
        dumped exports to the importing Member's market, taking 
        into account the availability of other export markets 
        to absorb any additional exports;
          (iii) whether imports are entering at prices that 
        will have a significant depressing or suppressing 
        effect on domestic prices, and would likely increase 
        demand for further imports; and
          (iv) inventories of the product being investigated.
No one of these factors by itself can necessarily give decisive 
guidance but the totality of the factors considered must lead 
to the conclusion that further dumped exports are imminent and 
that, unless protective action is taken, material injury would 
occur.
    3.8 With respect to cases where injury is threatened by 
dumped imports, the application of anti dumping measures shall 
be considered and decided with special care.

               Article 4--Definition of Domestic Industry

    4.1 For the purposes of this Agreement, the term ``domestic 
industry'' shall be interpreted as referring to the domestic 
producers as a whole of the like products or to those of them 
whose collective output of the products constitutes a major 
proportion of the total domestic production of those products, 
except that:
          (i) when producers are related to the exporters or 
        importers or are themselves importers of the allegedly 
        dumped product, the term ``domestic industry'' may be 
        interpreted as referring to the rest of the producers;
          (ii) in exceptional circumstances the territory of a 
        Member may, for the production in question, be divided 
        into two or more competitive markets and the producers 
        within each market may be regarded as a separate 
        industry if (a) the producers within such market sell 
        all or almost all of their production of the product in 
        question in that market, and (b) the demand in that 
        market is not to any substantial degree supplied by 
        producers of the product in question located elsewhere 
        in the territory. In such circumstances, injury may be 
        found to exist even where a major portion of the total 
        domestic industry is not injured, provided there is a 
        concentration of dumped imports into such an isolated 
        market and provided further that the dumped imports are 
        causing injury to the producers of all or almost all of 
        the production within such market.
    4.2 When the domestic industry has been interpreted as 
referring to the producers in a certain area, i.e. a market as 
defined in paragraph 1(ii), anti dumping duties shall be levied 
only on the products in question consigned for final 
consumption to that area. When the constitutional law of the 
importing Member does not permit the levying of anti dumping 
duties on such a basis, the importing Member may levy the anti 
dumping duties without limitation only if (a) the exporters 
shall have been given an opportunity to cease exporting at 
dumped prices to the area concerned or otherwise give 
assurances pursuant to Article 8 and adequate assurances in 
this regard have not been promptly given, and (b) such duties 
cannot be levied only on products of specific producers which 
supply the area in question.
    4.3 Where two or more countries have reached under the 
provisions of paragraph 8(a) of Article XXIV of GATT 1994 such 
a level of integration that they have the characteristics of a 
single, unified market, the industry in the entire area of 
integration shall be taken to be the domestic industry referred 
to in paragraph 1.
    4.4 The provisions of paragraph 6 of Article 3 shall be 
applicable to this Article.

           Article 5--Initiation and Subsequent Investigation

    5.1 Except as provided for in paragraph 6, an investigation 
to determine the existence, degree and effect of any alleged 
dumping shall be initiated upon a written application by or on 
behalf of the domestic industry.
    5.2 An application under paragraph 1 shall include evidence 
of (a) dumping, (b) injury within the meaning of Article VI of 
GATT 1994 as interpreted by this Agreement and (c) a causal 
link between the dumped imports and the alleged injury. Simple 
assertion, unsubstantiated by relevant evidence, cannot be 
considered sufficient to meet the requirements of this 
paragraph. The application shall contain such information as is 
reasonably available to the applicant on the following:
          (i) the identity of the applicant and a description 
        of the volume and value of the domestic production of 
        the like product by the applicant. Where a written 
        application is made on behalf of the domestic industry, 
        the application shall identify the industry on behalf 
        of which the application is made by a list of all known 
        domestic producers of the like product (or associations 
        of domestic producers of the like product) and, to the 
        extent possible, a description of the volume and value 
        of domestic production of the like product accounted 
        for by such producers;
          (ii) a complete description of the allegedly dumped 
        product, the names of the country or countries of 
        origin or export in question, the identity of each 
        known exporter or foreign producer and a list of known 
        persons importing the product in question;
          (iii) information on prices at which the product in 
        question is sold when destined for consumption in the 
        domestic markets of the country or countries of origin 
        or export (or, where appropriate, information on the 
        prices at which the product is sold from the country or 
        countries of origin or export to a third country or 
        countries, or on the constructed value of the product) 
        and information on export prices or, where appropriate, 
        on the prices at which the product is first resold to 
        an independent buyer in the territory of the importing 
        Member;
          (iv) information on the evolution of the volume of 
        the allegedly dumped imports, the effect of these 
        imports on prices of the like product in the domestic 
        market and the consequent impact of the imports on the 
        domestic industry, as demonstrated by relevant factors 
        and indices having a bearing on the state of the 
        domestic industry, such as those listed in paragraphs 2 
        and 4 of Article 3.
    5.3 The authorities shall examine the accuracy and adequacy 
of the evidence provided in the application to determine 
whether there is sufficient evidence to justify the initiation 
of an investigation.
    5.4 An investigation shall not be initiated pursuant to 
paragraph 1 unless the authorities have determined, on the 
basis of an examination of the degree of support for, or 
opposition to, the application expressed by domestic producers 
of the like product, that the application has been made by or 
on behalf of the domestic industry. The application shall be 
considered to have been made ``by or on behalf of the domestic 
industry'' if it is supported by those domestic producers whose 
collective output constitutes more than 50 per cent of the 
total production of the like product produced by that portion 
of the domestic industry expressing either support for or 
opposition to the application. However, no investigation shall 
be initiated when domestic producers expressly supporting the 
application account for less than 25 per cent of total 
production of the like product produced by the domestic 
industry.
    5.5 The authorities shall avoid, unless a decision has been 
made to initiate an investigation, any publicizing of the 
application for the initiation of an investigation. However, 
after receipt of a properly documented application and before 
proceeding to initiate an investigation, the authorities shall 
notify the government of the exporting Member concerned.
    5.6 If, in special circumstances, the authorities concerned 
decide to initiate an investigation without having received a 
written application by or on behalf of a domestic industry for 
the initiation of such investigation, they shall proceed only 
if they have sufficient evidence of dumping, injury and a 
causal link, as described in paragraph 2, to justify the 
initiation of an investigation.
    5.7 The evidence of both dumping and injury shall be 
considered simultaneously (a) in the decision whether or not to 
initiate an investigation, and (b) thereafter, during the 
course of the investigation, starting on a date not later than 
the earliest date on which in accordance with the provisions of 
this Agreement provisional measures may be applied.
    5.8 An application under paragraph 1 shall be rejected and 
an investigation shall be terminated promptly as soon as the 
authorities concerned are satisfied that there is not 
sufficient evidence of either dumping or of injury to justify 
proceeding with the case. There shall be immediate termination 
in cases where the authorities determine that the margin of 
dumping is de minimis, or that the volume of dumped imports, 
actual or potential, or the injury, is negligible. The margin 
of dumping shall be considered to be de minimis if this margin 
is less than 2 per cent, expressed as a percentage of the 
export price. The volume of dumped imports shall normally be 
regarded as negligible if the volume of dumped imports from a 
particular country is found to account for less than 3 per cent 
of imports of the like product in the importing Member, unless 
countries which individually account for less than 3 per cent 
of the imports of the like product in the importing Member 
collectively account for more than 7 per cent of imports of the 
like product in the importing Member.
    5.9 An anti dumping proceeding shall not hinder the 
procedures of customs clearance.
    5.10 Investigations shall, except in special circumstances, 
be concluded within one year, and in no case more than 18 
months, after their initiation.

                          Article 6--Evidence

    6.1 All interested parties in an anti dumping investigation 
shall be given notice of the information which the authorities 
require and ample opportunity to present in writing all 
evidence which they consider relevant in respect of the 
investigation in question.
          6.1.1 Exporters or foreign producers receiving 
        questionnaires used in an anti dumping investigation 
        shall be given at least 30 days for reply. Due 
        consideration should be given to any request for an 
        extension of the 30 day period and, upon cause shown, 
        such an extension should be granted whenever 
        practicable.
          6.1.2 Subject to the requirement to protect 
        confidential information, evidence presented in writing 
        by one interested party shall be made available 
        promptly to other interested parties participating in 
        the investigation.
          6.1.3 As soon as an investigation has been initiated, 
        the authorities shall provide the full text of the 
        written application received under paragraph 1 of 
        Article 5 to the known exporters and to the authorities 
        of the exporting Member and shall make it available, 
        upon request, to other interested parties involved. Due 
        regard shall be paid to the requirement for the 
        protection of confidential information, as provided for 
        in paragraph 5.
    6.2 Throughout the anti dumping investigation all 
interested parties shall have a full opportunity for the 
defence of their interests. To this end, the authorities shall, 
on request, provide opportunities for all interested parties to 
meet those parties with adverse interests, so that opposing 
views may be presented and rebuttal arguments offered. 
Provision of such opportunities must take account of the need 
to preserve confidentiality and of the convenience to the 
parties. There shall be no obligation on any party to attend a 
meeting, and failure to do so shall not be prejudicial to that 
party's case. Interested parties shall also have the right, on 
justification, to present other information orally.
    6.3 Oral information provided under paragraph 2 shall be 
taken into account by the authorities only in so far as it is 
subsequently reproduced in writing and made available to other 
interested parties, as provided for in subparagraph 1.2.
    6.4 The authorities shall whenever practicable provide 
timely opportunities for all interested parties to see all 
information that is relevant to the presentation of their 
cases, that is not confidential as defined in paragraph 5, and 
that is used by the authorities in an anti dumping 
investigation, and to prepare presentations on the basis of 
this information.
    6.5 Any information which is by nature confidential (for 
example, because its disclosure would be of significant 
competitive advantage to a competitor or because its disclosure 
would have a significantly adverse effect upon a person 
supplying the information or upon a person from whom that 
person acquired the information), or which is provided on a 
confidential basis by parties to an investigation shall, upon 
good cause shown, be treated as such by the authorities. Such 
information shall not be disclosed without specific permission 
of the party submitting it.
          6.5.1 The authorities shall require interested 
        parties providing confidential information to furnish 
        non confidential summaries thereof. These summaries 
        shall be in sufficient detail to permit a reasonable 
        understanding of the substance of the information 
        submitted in confidence. In exceptional circumstances, 
        such parties may indicate that such information is not 
        susceptible of summary. In such exceptional 
        circumstances, a statement of the reasons why 
        summarization is not possible must be provided.
          6.5.2 If the authorities find that a request for 
        confidentiality is not warranted and if the supplier of 
        the information is either unwilling to make the 
        information public or to authorize its disclosure in 
        generalized or summary form, the authorities may 
        disregard such information unless it can be 
        demonstrated to their satisfaction from appropriate 
        sources that the information is correct.
    6.6 Except in circumstances provided for in paragraph 8, 
the authorities shall during the course of an investigation 
satisfy themselves as to the accuracy of the information 
supplied by interested parties upon which their findings are 
based.
    6.7 In order to verify information provided or to obtain 
further details, the authorities may carry out investigations 
in the territory of other Members as required, provided they 
obtain the agreement of the firms concerned and notify the 
representatives of the government of the Member in question, 
and unless that Member objects to the investigation. The 
procedures described in Annex I shall apply to investigations 
carried out in the territory of other Members. Subject to the 
requirement to protect confidential information, the 
authorities shall make the results of any such investigations 
available, or shall provide disclosure thereof pursuant to 
paragraph 9, to the firms to which they pertain and may make 
such results available to the applicants.
    6.8 In cases in which any interested party refuses access 
to, or otherwise does not provide, necessary information within 
a reasonable period or significantly impedes the investigation, 
preliminary and final determinations, affirmative or negative, 
may be made on the basis of the facts available. The provisions 
of Annex II shall be observed in the application of this 
paragraph.
    6.9 The authorities shall, before a final determination is 
made, inform all interested parties of the essential facts 
under consideration which form the basis for the decision 
whether to apply definitive measures. Such disclosure should 
take place in sufficient time for the parties to defend their 
interests.
    6.10 The authorities shall, as a rule, determine an 
individual margin of dumping for each known exporter or 
producer concerned of the product under investigation. In cases 
where the number of exporters, producers, importers or types of 
products involved is so large as to make such a determination 
impracticable, the authorities may limit their examination 
either to a reasonable number of interested parties or products 
by using samples which are statistically valid on the basis of 
information available to the authorities at the time of the 
selection, or to the largest percentage of the volume of the 
exports from the country in question which can reasonably be 
investigated.
          6.10.1 Any selection of exporters, producers, 
        importers or types of products made under this 
        paragraph shall preferably be chosen in consultation 
        with and with the consent of the exporters, producers 
        or importers concerned.
          6.10.2 In cases where the authorities have limited 
        their examination, as provided for in this paragraph, 
        they shall nevertheless determine an individual margin 
        of dumping for any exporter or producer not initially 
        selected who submits the necessary information in time 
        for that information to be considered during the course 
        of the investigation, except where the number of 
        exporters or producers is so large that individual 
        examinations would be unduly burdensome to the 
        authorities and prevent the timely completion of the 
        investigation. Voluntary responses shall not be 
        discouraged.
    6.11 For the purposes of this Agreement, ``interested 
parties'' shall include:
          (i) an exporter or foreign producer or the importer 
        of a product subject to investigation, or a trade or 
        business association a majority of the members of which 
        are producers, exporters or importers of such product;
          (ii) the government of the exporting Member; and
          (iii) a producer of the like product in the importing 
        Member or a trade and business association a majority 
        of the members of which produce the like product in the 
        territory of the importing Member.
This list shall not preclude Members from allowing domestic or 
foreign parties other than those mentioned above to be included 
as interested parties.
    6.12 The authorities shall provide opportunities for 
industrial users of the product under investigation, and for 
representative consumer organizations in cases where the 
product is commonly sold at the retail level, to provide 
information which is relevant to the investigation regarding 
dumping, injury and causality.
    6.13 The authorities shall take due account of any 
difficulties experienced by interested parties, in particular 
small companies, in supplying information requested, and shall 
provide any assistance practicable.
    6.14 The procedures set out above are not intended to 
prevent the authorities of a Member from proceeding 
expeditiously with regard to initiating an investigation, 
reaching preliminary or final determinations, whether 
affirmative or negative, or from applying provisional or final 
measures, in accordance with relevant provisions of this 
Agreement.

                    Article 7--Provisional Measures

    7.1 Provisional measures may be applied only if:
          (i) an investigation has been initiated in accordance 
        with the provisions of Article 5, a public notice has 
        been given to that effect and interested parties have 
        been given adequate opportunities to submit information 
        and make comments;
          (ii) a preliminary affirmative determination has been 
        made of dumping and consequent injury to a domestic 
        industry; and
          (iii) the authorities concerned judge such measures 
        necessary to prevent injury being caused during the 
        investigation.
    7.2 Provisional measures may take the form of a provisional 
duty or, preferably, a security by cash deposit or bond equal 
to the amount of the anti dumping duty provisionally estimated, 
being not greater than the provisionally estimated margin of 
dumping. Withholding of appraisement is an appropriate 
provisional measure, provided that the normal duty and the 
estimated amount of the anti dumping duty be indicated and as 
long as the withholding of appraisement is subject to the same 
conditions as other provisional measures.
    7.3 Provisional measures shall not be applied sooner than 
60 days from the date of initiation of the investigation.
    7.4 The application of provisional measures shall be 
limited to as short a period as possible, not exceeding four 
months or, on decision of the authorities concerned, upon 
request by exporters representing a significant percentage of 
the trade involved, to a period not exceeding six months. When 
authorities, in the course of an investigation, examine whether 
a duty lower than the margin of dumping would be sufficient to 
remove injury, these periods may be six and nine months, 
respectively.
    7.5 The relevant provisions of Article 9 shall be followed 
in the application of provisional measures.

                     Article 8--Price Undertakings

    8.1 Proceedings may be suspended or terminated without the 
imposition of provisional measures or anti dumping duties upon 
receipt of satisfactory voluntary undertakings from any 
exporter to revise its prices or to cease exports to the area 
in question at dumped prices so that the authorities are 
satisfied that the injurious effect of the dumping is 
eliminated. Price increases under such undertakings shall not 
be higher than necessary to eliminate the margin of dumping. It 
is desirable that the price increases be less than the margin 
of dumping if such increases would be adequate to remove the 
injury to the domestic industry.
    8.2 Price undertakings shall not be sought or accepted from 
exporters unless the authorities of the importing Member have 
made a preliminary affirmative determination of dumping and 
injury caused by such dumping.
    8.3 Undertakings offered need not be accepted if the 
authorities consider their acceptance impractical, for example, 
if the number of actual or potential exporters is too great, or 
for other reasons, including reasons of general policy. Should 
the case arise and where practicable, the authorities shall 
provide to the exporter the reasons which have led them to 
consider acceptance of an undertaking as inappropriate, and 
shall, to the extent possible, give the exporter an opportunity 
to make comments thereon.
    8.4 If an undertaking is accepted, the investigation of 
dumping and injury shall nevertheless be completed if the 
exporter so desires or the authorities so decide. In such a 
case, if a negative determination of dumping or injury is made, 
the undertaking shall automatically lapse, except in cases 
where such a determination is due in large part to the 
existence of a price undertaking. In such cases, the 
authorities may require that an undertaking be maintained for a 
reasonable period consistent with the provisions of this 
Agreement. In the event that an affirmative determination of 
dumping and injury is made, the undertaking shall continue 
consistent with its terms and the provisions of this Agreement.
    8.5 Price undertakings may be suggested by the authorities 
of the importing Member, but no exporter shall be forced to 
enter into such undertakings. The fact that exporters do not 
offer such undertakings, or do not accept an invitation to do 
so, shall in no way prejudice the consideration of the case. 
However, the authorities are free to determine that a threat of 
injury is more likely to be realized if the dumped imports 
continue.
    8.6 Authorities of an importing Member may require any 
exporter from whom an undertaking has been accepted to provide 
periodically information relevant to the fulfilment of such an 
undertaking and to permit verification of pertinent data. In 
case of violation of an undertaking, the authorities of the 
importing Member may take, under this Agreement in conformity 
with its provisions, expeditious actions which may constitute 
immediate application of provisional measures using the best 
information available. In such cases, definitive duties may be 
levied in accordance with this Agreement on products entered 
for consumption not more than 90 days before the application of 
such provisional measures, except that any such retroactive 
assessment shall not apply to imports entered before the 
violation of the undertaking.

      Article 9--Imposition and Collection of Anti Dumping Duties

    9.1 The decision whether or not to impose an anti dumping 
duty in cases where all requirements for the imposition have 
been fulfilled, and the decision whether the amount of the anti 
dumping duty to be imposed shall be the full margin of dumping 
or less, are decisions to be made by the authorities of the 
importing Member. It is desirable that the imposition be 
permissive in the territory of all Members, and that the duty 
be less than the margin if such lesser duty would be adequate 
to remove the injury to the domestic industry.
    9.2 When an anti dumping duty is imposed in respect of any 
product, such anti dumping duty shall be collected in the 
appropriate amounts in each case, on a non discriminatory basis 
on imports of such product from all sources found to be dumped 
and causing injury, except as to imports from those sources 
from which price undertakings under the terms of this Agreement 
have been accepted. The authorities shall name the supplier or 
suppliers of the product concerned. If, however, several 
suppliers from the same country are involved, and it is 
impracticable to name all these suppliers, the authorities may 
name the supplying country concerned. If several suppliers from 
more than one country are involved, the authorities may name 
either all the suppliers involved, or, if this is 
impracticable, all the supplying countries involved.
    9.3 The amount of the anti dumping duty shall not exceed 
the margin of dumping as established under Article 2.
          9.3.1 When the amount of the anti dumping duty is 
        assessed on a retrospective basis, the determination of 
        the final liability for payment of anti dumping duties 
        shall take place as soon as possible, normally within 
        12 months, and in no case more than 18 months, after 
        the date on which a request for a final assessment of 
        the amount of the anti dumping duty has been made. Any 
        refund shall be made promptly and normally in not more 
        than 90 days following the determination of final 
        liability made pursuant to this sub paragraph. In any 
        case, where a refund is not made within 90 days, the 
        authorities shall provide an explanation if so 
        requested.
          9.3.2 When the amount of the anti dumping duty is 
        assessed on a prospective basis, provision shall be 
        made for a prompt refund, upon request, of any duty 
        paid in excess of the margin of dumping. A refund of 
        any such duty paid in excess of the actual margin of 
        dumping shall normally take place within 12 months, and 
        in no case more than 18 months, after the date on which 
        a request for a refund, duly supported by evidence, has 
        been made by an importer of the product subject to the 
        anti dumping duty. The refund authorized should 
        normally be made within 90 days of the above noted 
        decision.
          9.3.3 In determining whether and to what extent a 
        reimbursement should be made when the export price is 
        constructed in accordance with paragraph 3 of Article 
        2, authorities should take account of any change in 
        normal value, any change in costs incurred between 
        importation and resale, and any movement in the resale 
        price which is duly reflected in subsequent selling 
        prices, and should calculate the export price with no 
        deduction for the amount of anti dumping duties paid 
        when conclusive evidence of the above is provided.
    9.4 When the authorities have limited their examination in 
accordance with the second sentence of paragraph 10 of Article 
6, any anti dumping duty applied to imports from exporters or 
producers not included in the examination shall not exceed:
          (i) the weighted average margin of dumping 
        established with respect to the selected exporters or 
        producers or,
          (ii) where the liability for payment of anti dumping 
        duties is calculated on the basis of a prospective 
        normal value, the difference between the weighted 
        average normal value of the selected exporters or 
        producers and the export prices of exporters or 
        producers not individually examined,
provided that the authorities shall disregard for the purpose 
of this paragraph any zero and de minimis margins and margins 
established under the circumstances referred to in paragraph 8 
of Article 6. The authorities shall apply individual duties or 
normal values to imports from any exporter or producer not 
included in the examination who has provided the necessary 
information during the course of the investigation, as provided 
for in subparagraph 10.2 of Article 6.
    9.5 If a product is subject to anti dumping duties in an 
importing Member, the authorities shall promptly carry out a 
review for the purpose of determining individual margins of 
dumping for any exporters or producers in the exporting country 
in question who have not exported the product to the importing 
Member during the period of investigation, provided that these 
exporters or producers can show that they are not related to 
any of the exporters or producers in the exporting country who 
are subject to the anti dumping duties on the product. Such a 
review shall be initiated and carried out on an accelerated 
basis, compared to normal duty assessment and review 
proceedings in the importing Member. No anti dumping duties 
shall be levied on imports from such exporters or producers 
while the review is being carried out. The authorities may, 
however, withhold appraisement and/or request guarantees to 
ensure that, should such a review result in a determination of 
dumping in respect of such producers or exporters, anti dumping 
duties can be levied retroactively to the date of the 
initiation of the review.

                       Article 10--Retroactivity

    10.1 Provisional measures and anti dumping duties shall 
only be applied to products which enter for consumption after 
the time when the decision taken under paragraph 1 of Article 7 
and paragraph 1 of Article 9, respectively, enters into force, 
subject to the exceptions set out in this Article.
    10.2 Where a final determination of injury (but not of a 
threat thereof or of a material retardation of the 
establishment of an industry) is made or, in the case of a 
final determination of a threat of injury, where the effect of 
the dumped imports would, in the absence of the provisional 
measures, have led to a determination of injury, anti dumping 
duties may be levied retroactively for the period for which 
provisional measures, if any, have been applied.
    10.3 If the definitive anti dumping duty is higher than the 
provisional duty paid or payable, or the amount estimated for 
the purpose of the security, the difference shall not be 
collected. If the definitive duty is lower than the provisional 
duty paid or payable, or the amount estimated for the purpose 
of the security, the difference shall be reimbursed or the duty 
recalculated, as the case may be.
    10.4 Except as provided in paragraph 2, where a 
determination of threat of injury or material retardation is 
made (but no injury has yet occurred) a definitive anti dumping 
duty may be imposed only from the date of the determination of 
threat of injury or material retardation, and any cash deposit 
made during the period of the application of provisional 
measures shall be refunded and any bonds released in an 
expeditious manner.
    10.5 Where a final determination is negative, any cash 
deposit made during the period of the application of 
provisional measures shall be refunded and any bonds released 
in an expeditious manner.
    10.6 A definitive anti dumping duty may be levied on 
products which were entered for consumption not more than 90 
days prior to the date of application of provisional measures, 
when the authorities determine for the dumped product in 
question that:
          (i) there is a history of dumping which caused injury 
        or that the importer was, or should have been, aware 
        that the exporter practises dumping and that such 
        dumping would cause injury, and
          (ii) the injury is caused by massive dumped imports 
        of a product in a relatively short time which in light 
        of the timing and the volume of the dumped imports and 
        other circumstances (such as a rapid build up of 
        inventories of the imported product) is likely to 
        seriously undermine the remedial effect of the 
        definitive anti dumping duty to be applied, provided 
        that the importers concerned have been given an 
        opportunity to comment.
    10.7 The authorities may, after initiating an 
investigation, take such measures as the withholding of 
appraisement or assessment as may be necessary to collect anti 
dumping duties retroactively, as provided for in paragraph 6, 
once they have sufficient evidence that the conditions set 
forth in that paragraph are satisfied.
    10.8 No duties shall be levied retroactively pursuant to 
paragraph 6 on products entered for consumption prior to the 
date of initiation of the investigation.

   Article 11--Duration and Review of Anti Dumping Duties and Price 
                              Undertakings

    11.1 An anti dumping duty shall remain in force only as 
long as and to the extent necessary to counteract dumping which 
is causing injury.
    11.2 The authorities shall review the need for the 
continued imposition of the duty, where warranted, on their own 
initiative or, provided that a reasonable period of time has 
elapsed since the imposition of the definitive anti dumping 
duty, upon request by any interested party which submits 
positive information substantiating the need for a review. 
Interested parties shall have the right to request the 
authorities to examine whether the continued imposition of the 
duty is necessary to offset dumping, whether the injury would 
be likely to continue or recur if the duty were removed or 
varied, or both. If, as a result of the review under this 
paragraph, the authorities determine that the anti dumping duty 
is no longer warranted, it shall be terminated immediately.
    11.3 Notwithstanding the provisions of paragraphs 1 and 2, 
any definitive anti dumping duty shall be terminated on a date 
not later than five years from its imposition (or from the date 
of the most recent review under paragraph 2 if that review has 
covered both dumping and injury, or under this paragraph), 
unless the authorities determine, in a review initiated before 
that date on their own initiative or upon a duly substantiated 
request made by or on behalf of the domestic industry within a 
reasonable period of time prior to that date, that the expiry 
of the duty would be likely to lead to continuation or 
recurrence of dumping and injury. The duty may remain in force 
pending the outcome of such a review.
    11.4 The provisions of Article 6 regarding evidence and 
procedure shall apply to any review carried out under this 
Article. Any such review shall be carried out expeditiously and 
shall normally be concluded within 12 months of the date of 
initiation of the review.
    11.5 The provisions of this Article shall apply mutatis 
mutandis to price undertakings accepted under Article 8.

      Article 12--Public Notice and Explanation of Determinations

    12.1 When the authorities are satisfied that there is 
sufficient evidence to justify the initiation of an anti 
dumping investigation pursuant to Article 5, the Member or 
Members the products of which are subject to such investigation 
and other interested parties known to the investigating 
authorities to have an interest therein shall be notified and a 
public notice shall be given.
          12.1.1 A public notice of the initiation of an 
        investigation shall contain, or otherwise make 
        available through a separate report , adequate 
        information on the following:
                  (i) the name of the exporting country or 
                countries and the product involved;
                  (ii) the date of initiation of the 
                investigation;
                  (iii) the basis on which dumping is alleged 
                in the application;
                  (iv) a summary of the factors on which the 
                allegation of injury is based;
                  (v) the address to which representations by 
                interested parties should be directed;
                  (vi) the time limits allowed to interested 
                parties for making their views known.
    12.2 Public notice shall be given of any preliminary or 
final determination, whether affirmative or negative, of any 
decision to accept an undertaking pursuant to Article 8, of the 
termination of such an undertaking, and of the termination of a 
definitive anti dumping duty. Each such notice shall set forth, 
or otherwise make available through a separate report, in 
sufficient detail the findings and conclusions reached on all 
issues of fact and law considered material by the investigating 
authorities. All such notices and reports shall be forwarded to 
the Member or Members the products of which are subject to such 
determination or undertaking and to other interested parties 
known to have an interest therein.
          12.2.1 A public notice of the imposition of 
        provisional measures shall set forth, or otherwise make 
        available through a separate report, sufficiently 
        detailed explanations for the preliminary 
        determinations on dumping and injury and shall refer to 
        the matters of fact and law which have led to arguments 
        being accepted or rejected. Such a notice or report 
        shall, due regard being paid to the requirement for the 
        protection of confidential information, contain in 
        particular:
                  (i) the names of the suppliers, or when this 
                is impracticable, the supplying countries 
                involved;
                  (ii) a description of the product which is 
                sufficient for customs purposes;
                  (iii) the margins of dumping established and 
                a full explanation of the reasons for the 
                methodology used in the establishment and 
                comparison of the export price and the normal 
                value under Article 2;
                  (iv) considerations relevant to the injury 
                determination as set out in Article 3;
                  (v) the main reasons leading to the 
                determination.
          12.2.2 A public notice of conclusion or suspension of 
        an investigation in the case of an affirmative 
        determination providing for the imposition of a 
        definitive duty or the acceptance of a price 
        undertaking shall contain, or otherwise make available 
        through a separate report, all relevant information on 
        the matters of fact and law and reasons which have led 
        to the imposition of final measures or the acceptance 
        of a price undertaking, due regard being paid to the 
        requirement for the protection of confidential 
        information. In particular, the notice or report shall 
        contain the information described in subparagraph 2.1, 
        as well as the reasons for the acceptance or rejection 
        of relevant arguments or claims made by the exporters 
        and importers, and the basis for any decision made 
        under subparagraph 10.2 of Article 6.
          12.2.3 A public notice of the termination or 
        suspension of an investigation following the acceptance 
        of an undertaking pursuant to Article 8 shall include, 
        or otherwise make available through a separate report, 
        the non confidential part of this undertaking.
    12.3 The provisions of this Article shall apply mutatis 
mutandis to the initiation and completion of reviews pursuant 
to Article 11 and to decisions under Article 10 to apply duties 
retroactively.

                      Article 13--Judicial Review

    Each Member whose national legislation contains provisions 
on anti dumping measures shall maintain judicial, arbitral or 
administrative tribunals or procedures for the purpose, inter 
alia, of the prompt review of administrative actions relating 
to final determinations and reviews of determinations within 
the meaning of Article 11. Such tribunals or procedures shall 
be independent of the authorities responsible for the 
determination or review in question.

      Article 14--Anti Dumping Action on Behalf of a Third Country

    14.1 An application for anti dumping action on behalf of a 
third country shall be made by the authorities of the third 
country requesting action.
    14.2 Such an application shall be supported by price 
information to show that the imports are being dumped and by 
detailed information to show that the alleged dumping is 
causing injury to the domestic industry concerned in the third 
country. The government of the third country shall afford all 
assistance to the authorities of the importing country to 
obtain any further information which the latter may require.
    14.3 In considering such an application, the authorities of 
the importing country shall consider the effects of the alleged 
dumping on the industry concerned as a whole in the third 
country; that is to say, the injury shall not be assessed in 
relation only to the effect of the alleged dumping on the 
industry's exports to the importing country or even on the 
industry's total exports.
    14.4 The decision whether or not to proceed with a case 
shall rest with the importing country. If the importing country 
decides that it is prepared to take action, the initiation of 
the approach to the Council for Trade in Goods seeking its 
approval for such action shall rest with the importing country.

                 Article 15--Developing Country Members

    It is recognized that special regard must be given by 
developed country Members to the special situation of 
developing country Members when considering the application of 
anti dumping measures under this Agreement. Possibilities of 
constructive remedies provided for by this Agreement shall be 
explored before applying anti dumping duties where they would 
affect the essential interests of developing country Members.

                                PART II

            Article 16--Committee on Anti Dumping Practices

    16.1 There is hereby established a Committee on Anti 
Dumping Practices (referred to in this Agreement as the 
``Committee'') composed of representatives from each of the 
Members. The Committee shall elect its own Chairman and shall 
meet not less than twice a year and otherwise as envisaged by 
relevant provisions of this Agreement at the request of any 
Member. The Committee shall carry out responsibilities as 
assigned to it under this Agreement or by the Members and it 
shall afford Members the opportunity of consulting on any 
matters relating to the operation of the Agreement or the 
furtherance of its objectives. The WTO Secretariat shall act as 
the secretariat to the Committee.
    16.2 The Committee may set up subsidiary bodies as 
appropriate.
    16.3 In carrying out their functions, the Committee and any 
subsidiary bodies may consult with and seek information from 
any source they deem appropriate. However, before the Committee 
or a subsidiary body seeks such information from a source 
within the jurisdiction of a Member, it shall inform the Member 
involved. It shall obtain the consent of the Member and any 
firm to be consulted.
    16.4 Members shall report without delay to the Committee 
all preliminary or final anti dumping actions taken. Such 
reports shall be available in the Secretariat for inspection by 
other Members. Members shall also submit, on a semi annual 
basis, reports of any anti dumping actions taken within the 
preceding six months. The semi-annual reports shall be 
submitted on an agreed standard form.
    16.5 Each Member shall notify the Committee (a) which of 
its authorities are competent to initiate and conduct 
investigations referred to in Article 5 and (b) its domestic 
procedures governing the initiation and conduct of such 
investigations.

            Article 17--Consultation and Dispute Settlement

    17.1 Except as otherwise provided herein, the Dispute 
Settlement Understanding is applicable to consultations and the 
settlement of disputes under this Agreement.
    17.2 Each Member shall afford sympathetic consideration to, 
and shall afford adequate opportunity for consultation 
regarding, representations made by another Member with respect 
to any matter affecting the operation of this Agreement.
    17.3 If any Member considers that any benefit accruing to 
it, directly or indirectly, under this Agreement is being 
nullified or impaired, or that the achievement of any objective 
is being impeded, by another Member or Members, it may, with a 
view to reaching a mutually satisfactory resolution of the 
matter, request in writing consultations with the Member or 
Members in question. Each Member shall afford sympathetic 
consideration to any request from another Member for 
consultation.
    17.4 If the Member that requested consultations considers 
that the consultations pursuant to paragraph 3 have failed to 
achieve a mutually agreed solution, and if final action has 
been taken by the administering authorities of the importing 
Member to levy definitive anti dumping duties or to accept 
price undertakings, it may refer the matter to the Dispute 
Settlement Body (``DSB''). When a provisional measure has a 
significant impact and the Member that requested consultations 
considers that the measure was taken contrary to the provisions 
of paragraph 1 of Article 7, that Member may also refer such 
matter to the DSB.
    17.5 The DSB shall, at the request of the complaining 
party, establish a panel to examine the matter based upon:
          (i) a written statement of the Member making the 
        request indicating how a benefit accruing to it, 
        directly or indirectly, under this Agreement has been 
        nullified or impaired, or that the achieving of the 
        objectives of the Agreement is being impeded, and
          (ii) the facts made available in conformity with 
        appropriate domestic procedures to the authorities of 
        the importing Member.
    17.6 In examining the matter referred to in paragraph 5:
          (i) in its assessment of the facts of the matter, the 
        panel shall determine whether the authorities' 
        establishment of the facts was proper and whether their 
        evaluation of those facts was unbiased and objective. 
        If the establishment of the facts was proper and the 
        evaluation was unbiased and objective, even though the 
        panel might have reached a different conclusion, the 
        evaluation shall not be overturned;
          (ii) the panel shall interpret the relevant 
        provisions of the Agreement in accordance with 
        customary rules of interpretation of public 
        international law. Where the panel finds that a 
        relevant provision of the Agreement admits of more than 
        one permissible interpretation, the panel shall find 
        the authorities' measure to be in conformity with the 
        Agreement if it rests upon one of those permissible 
        interpretations.
    17.7 Confidential information provided to the panel shall 
not be disclosed without formal authorization from the person, 
body or authority providing such information. Where such 
information is requested from the panel but release of such 
information by the panel is not authorized, a non confidential 
summary of the information, authorized by the person, body or 
authority providing the information, shall be provided.

                                PART III

                      Article 18--Final Provisions

    18.1 No specific action against dumping of exports from 
another Member can be taken except in accordance with the 
provisions of GATT 1994, as interpreted by this Agreement.
    18.2 Reservations may not be entered in respect of any of 
the provisions of this Agreement without the consent of the 
other Members.
    18.3 Subject to subparagraphs 3.1 and 3.2, the provisions 
of this Agreement shall apply to investigations, and reviews of 
existing measures, initiated pursuant to applications which 
have been made on or after the date of entry into force for a 
Member of the WTO Agreement.
          18.3.1 With respect to the calculation of margins of 
        dumping in refund procedures under paragraph 3 of 
        Article 9, the rules used in the most recent 
        determination or review of dumping shall apply.
          18.3.2 For the purposes of paragraph 3 of Article 11, 
        existing anti dumping measures shall be deemed to be 
        imposed on a date not later than the date of entry into 
        force for a Member of the WTO Agreement, except in 
        cases in which the domestic legislation of a Member in 
        force on that date already included a clause of the 
        type provided for in that paragraph.
    18.4 Each Member shall take all necessary steps, of a 
general or particular character, to ensure, not later than the 
date of entry into force of the WTO Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures with the provisions of this Agreement as they may 
apply for the Member in question.
    18.5 Each Member shall inform the Committee of any changes 
in its laws and regulations relevant to this Agreement and in 
the administration of such laws and regulations.
    18.6 The Committee shall review annually the implementation 
and operation of this Agreement taking into account the 
objectives thereof. The Committee shall inform annually the 
Council for Trade in Goods of developments during the period 
covered by such reviews.
    18.7 The Annexes to this Agreement constitute an integral 
part thereof.

                                ANNEX I

 PROCEDURES FOR ON THE SPOT INVESTIGATIONS PURSUANT TO PARAGRAPH 7 OF 
                               ARTICLE 6

    1. Upon initiation of an investigation, the authorities of 
the exporting Member and the firms known to be concerned should 
be informed of the intention to carry out on the spot 
investigations.
    2. If in exceptional circumstances it is intended to 
include non governmental experts in the investigating team, the 
firms and the authorities of the exporting Member should be so 
informed. Such non governmental experts should be subject to 
effective sanctions for breach of confidentiality requirements.
    3. It should be standard practice to obtain explicit 
agreement of the firms concerned in the exporting Member before 
the visit is finally scheduled.
    4. As soon as the agreement of the firms concerned has been 
obtained, the investigating authorities should notify the 
authorities of the exporting Member of the names and addresses 
of the firms to be visited and the dates agreed.
    5. Sufficient advance notice should be given to the firms 
in question before the visit is made.
    6. Visits to explain the questionnaire should only be made 
at the request of an exporting firm. Such a visit may only be 
made if (a) the authorities of the importing Member notify the 
representatives of the Member in question and (b) the latter do 
not object to the visit.
    7. As the main purpose of the on the spot investigation is 
to verify information provided or to obtain further details, it 
should be carried out after the response to the questionnaire 
has been received unless the firm agrees to the contrary and 
the government of the exporting Member is informed by the 
investigating authorities of the anticipated visit and does not 
object to it; further, it should be standard practice prior to 
the visit to advise the firms concerned of the general nature 
of the information to be verified and of any further 
information which needs to be provided, though this should not 
preclude requests to be made on the spot for further details to 
be provided in the light of information obtained.
    8. Enquiries or questions put by the authorities or firms 
of the exporting Members and essential to a successful on the 
spot investigation should, whenever possible, be answered 
before the visit is made.

                                ANNEX II

    BEST INFORMATION AVAILABLE IN TERMS OF PARAGRAPH 8 OF ARTICLE 6

    1. As soon as possible after the initiation of the 
investigation, the investigating authorities should specify in 
detail the information required from any interested party, and 
the manner in which that information should be structured by 
the interested party in its response. The authorities should 
also ensure that the party is aware that if information is not 
supplied within a reasonable time, the authorities will be free 
to make determinations on the basis of the facts available, 
including those contained in the application for the initiation 
of the investigation by the domestic industry.
    2. The authorities may also request that an interested 
party provide its response in a particular medium (e.g. 
computer tape) or computer language. Where such a request is 
made, the authorities should consider the reasonable ability of 
the interested party to respond in the preferred medium or 
computer language, and should not request the party to use for 
its response a computer system other than that used by the 
party. The authority should not maintain a request for a 
computerized response if the interested party does not maintain 
computerized accounts and if presenting the response as 
requested would result in an unreasonable extra burden on the 
interested party, e.g. it would entail unreasonable additional 
cost and trouble. The authorities should not maintain a request 
for a response in a particular medium or computer language if 
the interested party does not maintain its computerized 
accounts in such medium or computer language and if presenting 
the response as requested would result in an unreasonable extra 
burden on the interested party, e.g. it would entail 
unreasonable additional cost and trouble.
    3. All information which is verifiable, which is 
appropriately submitted so that it can be used in the 
investigation without undue difficulties, which is supplied in 
a timely fashion, and, where applicable, which is supplied in a 
medium or computer language requested by the authorities, 
should be taken into account when determinations are made. If a 
party does not respond in the preferred medium or computer 
language but the authorities find that the circumstances set 
out in paragraph 2 have been satisfied, the failure to respond 
in the preferred medium or computer language should not be 
considered to significantly impede the investigation.
    4. Where the authorities do not have the ability to process 
information if provided in a particular medium (e.g. computer 
tape), the information should be supplied in the form of 
written material or any other form acceptable to the 
authorities.
    5. Even though the information provided may not be ideal in 
all respects, this should not justify the authorities from 
disregarding it, provided the interested party has acted to the 
best of its ability.
    6. If evidence or information is not accepted, the 
supplying party should be informed forthwith of the reasons 
therefor, and should have an opportunity to provide further 
explanations within a reasonable period, due account being 
taken of the time limits of the investigation. If the 
explanations are considered by the authorities as not being 
satisfactory, the reasons for the rejection of such evidence or 
information should be given in any published determinations.
    7. If the authorities have to base their findings, 
including those with respect to normal value, on information 
from a secondary source, including the information supplied in 
the application for the initiation of the investigation, they 
should do so with special circumspection. In such cases, the 
authorities should, where practicable, check the information 
from other independent sources at their disposal, such as 
published price lists, official import statistics and customs 
returns, and from the information obtained from other 
interested parties during the investigation. It is clear, 
however, that if an interested party does not cooperate and 
thus relevant information is being withheld from the 
authorities, this situation could lead to a result which is 
less favourable to the party than if the party did cooperate.
d. Final Act Embodying the Results of the Uruguay Round of Multilateral 
                           Trade Negotiations

  Signed at Marrakesh, April 15, 1994; Entered into force, January 1, 
                                  1995

 FINAL ACT EMBODYING THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL 
                           TRADE NEGOTIATIONS

    1. Having met in order to conclude the Uruguay Round of 
Multilateral Trade Negotiations, representatives of the 
governments and of the European Communities, members of the 
Trade Negotiations Committee, agree that the Agreement 
Establishing the World Trade Organization (referred to in this 
Final Act as the ``WTO Agreement''), the Ministerial 
Declarations and Decisions, and the Understanding on 
Commitments in Financial Services, as annexed hereto, embody 
the results of their negotiations and form an integral part of 
this Final Act.
    2. By signing the present Final Act, the representatives 
agree
          (a) to submit, as appropriate, the WTO Agreement for 
        the consideration of their respective competent 
        authorities with a view to seeking approval of the 
        Agreement in accordance with their procedures; and
          (b) to adopt the Ministerial Declarations and 
        Decisions.
    3. The representatives agree on the desirability of 
acceptance of the WTO Agreement by all participants in the 
Uruguay Round of Multilateral Trade Negotiations (hereinafter 
referred to as ``participants'') with a view to its entry into 
force by 1 January 1995, or as early as possible thereafter. 
Not later than late 1994, Ministers will meet, in accordance 
with the final paragraph of the Punta del Este Ministerial 
Declaration, to decide on the international implementation of 
the results, including the timing of their entry into force.
    4. The representatives agree that the WTO Agreement shall 
be open for acceptance as a whole, by signature or otherwise, 
by all participants pursuant to Article XIV thereof. The 
acceptance and entry into force of a Plurilateral Trade 
Agreement included in Annex 4 of the WTO Agreement shall be 
governed by the provisions of that Plurilateral Trade 
Agreement.
    5. Before accepting the WTO Agreement, participants which 
are not contracting parties to the General Agreement on Tariffs 
and Trade must first have concluded negotiations for their 
accession to the General Agreement and become contracting 
parties thereto. For participants which are not contracting 
parties to the General Agreement as of the date of the Final 
Act, the Schedules are not definitive and shall be subsequently 
completed for the purpose of their accession to the General 
Agreement and acceptance of the WTO Agreement.
    6. This Final Act and the texts annexed hereto shall be 
deposited with the Director-General to the Contracting Parties 
to the General Agreement on Tariffs and Trade who shall 
promptly furnish to each participant a certified copy thereof.
         e. Agreement Establishing the World Trade Organization

  Signed at Marrakesh, April 15, 1994; Entered into force, January 1, 
                                  1995

          AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION

    The Parties to this Agreement,

    Recognizing that their relations in the field of trade and 
economic endeavour should be conducted with a view to raising 
standards of living, ensuring full employment and a large and 
steadily growing volume of real income and effective demand, 
and expanding the production of and trade in goods and 
services, while allowing for the optimal use of the world's 
resources in accordance with the objective of sustainable 
development, seeking both to protect and preserve the 
environment and to enhance the means for doing so in a manner 
consistent with their respective needs and concerns at 
different levels of economic development,

    Recognizing further that there is need for positive efforts 
designed to ensure that developing countries, and especially 
the least developed among them, secure a share in the growth in 
international trade commensurate with the needs of their 
economic development,

    Being desirous of contributing to these objectives by 
entering into reciprocal and mutually advantageous arrangements 
directed to the substantial reduction of tariffs and other 
barriers to trade and to the elimination of discriminatory 
treatment in international trade relations,

    Resolved, therefore, to develop an integrated, more viable 
and durable multilateral trading system encompassing the 
General Agreement on Tariffs and Trade, the results of past 
trade liberalization efforts, and all of the results of the 
Uruguay Round of Multilateral Trade Negotiations,

    Determined to preserve the basic principles and to further 
the objectives underlying this multilateral trading system,

    Agree as follows:

              Article I--Establishment of the Organization

    The World Trade Organization (hereinafter referred to as 
``the WTO'') is hereby established.

                      Article II--Scope of the WTO

    1. The WTO shall provide the common institutional framework 
for the conduct of trade relations among its Members in matters 
related to the agreements and associated legal instruments 
included in the Annexes to this Agreement.
    2. The agreements and associated legal instruments included 
in Annexes 1, 2 and 3 (hereinafter referred to as 
``Multilateral Trade Agreements'') are integral parts of this 
Agreement, binding on all Members.
    3. The agreements and associated legal instruments included 
in Annex 4 (hereinafter referred to as ``Plurilateral Trade 
Agreements'') are also part of this Agreement for those Members 
that have accepted them, and are binding on those Members. The 
Plurilateral Trade Agreements do not create either obligations 
or rights for Members that have not accepted them.
    4. The General Agreement on Tariffs and Trade 1994 as 
specified in Annex 1A (hereinafter referred to as ``GATT 
1994'') is legally distinct from the General Agreement on 
Tariffs and Trade, dated 30 October 1947, annexed to the Final 
Act Adopted at the Conclusion of the Second Session of the 
Preparatory Committee of the United Nations Conference on Trade 
and Employment, as subsequently rectified, amended or modified 
(hereinafter referred to as ``GATT 1947'').

                   Article III--Functions of the WTO

    1. The WTO shall facilitate the implementation, 
administration and operation, and further the objectives, of 
this Agreement and of the Multilateral Trade Agreements, and 
shall also provide the framework for the implementation, 
administration and operation of the Plurilateral Trade 
Agreements.
    2. The WTO shall provide the forum for negotiations among 
its Members concerning their multilateral trade relations in 
matters dealt with under the agreements in the Annexes to this 
Agreement. The WTO may also provide a forum for further 
negotiations among its Members concerning their multilateral 
trade relations, and a framework for the implementation of the 
results of such negotiations, as may be decided by the 
Ministerial Conference.
    3. The WTO shall administer the Understanding on Rules and 
Procedures Governing the Settlement of Disputes (hereinafter 
referred to as the ``Dispute Settlement Understanding'' or 
``DSU'') in Annex 2 to this Agreement.
    4. The WTO shall administer the Trade Policy Review 
Mechanism (hereinafter referred to as the ``TPRM'') provided 
for in Annex 3 to this Agreement.
    5. With a view to achieving greater coherence in global 
economic policy-making, the WTO shall cooperate, as 
appropriate, with the International Monetary Fund and with the 
International Bank for Reconstruction and Development and its 
affiliated agencies.

                    Article IV--Structure of the WTO

    1. There shall be a Ministerial Conference composed of 
representatives of all the Members, which shall meet at least 
once every two years. The Ministerial Conference shall carry 
out the functions of the WTO and take actions necessary to this 
effect. The Ministerial Conference shall have the authority to 
take decisions on all matters under any of the Multilateral 
Trade Agreements, if so requested by a Member, in accordance 
with the specific requirements for decision-making in this 
Agreement and in the relevant Multilateral Trade Agreement.
    2. There shall be a General Council composed of 
representatives of all the Members, which shall meet as 
appropriate. In the intervals between meetings of the 
Ministerial Conference, its functions shall be conducted by the 
General Council. The General Council shall also carry out the 
functions assigned to it by this Agreement. The General Council 
shall establish its rules of procedure and approve the rules of 
procedure for the Committees provided for in paragraph 7.
    3. The General Council shall convene as appropriate to 
discharge the responsibilities of the Dispute Settlement Body 
provided for in the Dispute Settlement Understanding. The 
Dispute Settlement Body may have its own chairman and shall 
establish such rules of procedure as it deems necessary for the 
fulfilment of those responsibilities.
    4. The General Council shall convene as appropriate to 
discharge the responsibilities of the Trade Policy Review Body 
provided for in the TPRM. The Trade Policy Review Body may have 
its own chairman and shall establish such rules of procedure as 
it deems necessary for the fulfilment of those 
responsibilities.
    5. There shall be a Council for Trade in Goods, a Council 
for Trade in Services and a Council for Trade-Related Aspects 
of Intellectual Property Rights (hereinafter referred to as the 
``Council for TRIPS''), which shall operate under the general 
guidance of the General Council. The Council for Trade in Goods 
shall oversee the functioning of the Multilateral Trade 
Agreements in Annex 1A. The Council for Trade in Services shall 
oversee the functioning of the General Agreement on Trade in 
Services (hereinafter referred to as ``GATS''). The Council for 
TRIPS shall oversee the functioning of the Agreement on Trade-
Related Aspects of Intellectual Property Rights (hereinafter 
referred to as the ``Agreement on TRIPS''). These Councils 
shall carry out the functions assigned to them by their 
respective agreements and by the General Council. They shall 
establish their respective rules of procedure subject to the 
approval of the General Council. Membership in these Councils 
shall be open to representatives of all Members. These Councils 
shall meet as necessary to carry out their functions.
    6. The Council for Trade in Goods, the Council for Trade in 
Services and the Council for TRIPS shall establish subsidiary 
bodies as required. These subsidiary bodies shall establish 
their respective rules of procedure subject to the approval of 
their respective Councils.
    7. The Ministerial Conference shall establish a Committee 
on Trade and Development, a Committee on Balance-of-Payments 
Restrictions and a Committee on Budget, Finance and 
Administration, which shall carry out the functions assigned to 
them by this Agreement and by the Multilateral Trade 
Agreements, and any additional functions assigned to them by 
the General Council, and may establish such additional 
Committees with such functions as it may deem appropriate. As 
part of its functions, the Committee on Trade and Development 
shall periodically review the special provisions in the 
Multilateral Trade Agreements in favour of the least-developed 
country Members and report to the General Council for 
appropriate action. Membership in these Committees shall be 
open to representatives of all Members.
    8. The bodies provided for under the Plurilateral Trade 
Agreements shall carry out the functions assigned to them under 
those Agreements and shall operate within the institutional 
framework of the WTO. These bodies shall keep the General 
Council informed of their activities on a regular basis.

             Article V--Relations with Other Organizations

    1. The General Council shall make appropriate arrangements 
for effective cooperation with other intergovernmental 
organizations that have responsibilities related to those of 
the WTO.
    2. The General Council may make appropriate arrangements 
for consultation and cooperation with non-governmental 
organizations concerned with matters related to those of the 
WTO.

                      Article VI--The Secretariat

    1. There shall be a Secretariat of the WTO (hereinafter 
referred to as ``the Secretariat'') headed by a Director-
General.
    2. The Ministerial Conference shall appoint the Director-
General and adopt regulations setting out the powers, duties, 
conditions of service and term of office of the Director-
General.
    3. The Director-General shall appoint the members of the 
staff of the Secretariat and determine their duties and 
conditions of service in accordance with regulations adopted by 
the Ministerial Conference.
    4. The responsibilities of the Director-General and of the 
staff of the Secretariat shall be exclusively international in 
character. In the discharge of their duties, the Director-
General and the staff of the Secretariat shall not seek or 
accept instructions from any government or any other authority 
external to the WTO. They shall refrain from any action which 
might adversely reflect on their position as international 
officials. The Members of the WTO shall respect the 
international character of the responsibilities of the 
Director-General and of the staff of the Secretariat and shall 
not seek to influence them in the discharge of their duties.

                 Article VII--Budget and Contributions

    1. The Director-General shall present to the Committee on 
Budget, Finance and Administration the annual budget estimate 
and financial statement of the WTO. The Committee on Budget, 
Finance and Administration shall review the annual budget 
estimate and the financial statement presented by the Director-
General and make recommendations thereon to the General 
Council. The annual budget estimate shall be subject to 
approval by the General Council.
    2. The Committee on Budget, Finance and Administration 
shall propose to the General Council financial regulations 
which shall include provisions setting out:
          (a) the scale of contributions apportioning the 
        expenses of the WTO among its Members; and
          (b) the measures to be taken in respect of Members in 
        arrears.
The financial regulations shall be based, as far as 
practicable, on the regulations and practices of GATT 1947.
    3. The General Council shall adopt the financial 
regulations and the annual budget estimate by a two-thirds 
majority comprising more than half of the Members of the WTO.
    4. Each Member shall promptly contribute to the WTO its 
share in the expenses of the WTO in accordance with the 
financial regulations adopted by the General Council.

                    Article VIII--Status of the WTO

    1. The WTO shall have legal personality, and shall be 
accorded by each of its Members such legal capacity as may be 
necessary for the exercise of its functions.
    2. The WTO shall be accorded by each of its Members such 
privileges and immunities as are necessary for the exercise of 
its functions.
    3. The officials of the WTO and the representatives of the 
Members shall similarly be accorded by each of its Members such 
privileges and immunities as are necessary for the independent 
exercise of their functions in connection with the WTO.
    4. The privileges and immunities to be accorded by a Member 
to the WTO, its officials, and the representatives of its 
Members shall be similar to the privileges and immunities 
stipulated in the Convention on the Privileges and Immunities 
of the Specialized Agencies, approved by the General Assembly 
of the United Nations on 21 November 1947.
    5. The WTO may conclude a headquarters agreement.

                      Article IX--Decision-Making

    1. The WTO shall continue the practice of decision-making 
by consensus followed under GATT 1947. Except as otherwise 
provided, where a decision cannot be arrived at by consensus, 
the matter at issue shall be decided by voting. At meetings of 
the Ministerial Conference and the General Council, each Member 
of the WTO shall have one vote. Where the European Communities 
exercise their right to vote, they shall have a number of votes 
equal to the number of their member States which are Members of 
the WTO. Decisions of the Ministerial Conference and the 
General Council shall be taken by a majority of the votes cast, 
unless otherwise provided in this Agreement or in the relevant 
Multilateral Trade Agreement.
    2. The Ministerial Conference and the General Council shall 
have the exclusive authority to adopt interpretations of this 
Agreement and of the Multilateral Trade Agreements. In the case 
of an interpretation of a Multilateral Trade Agreement in Annex 
1, they shall exercise their authority on the basis of a 
recommendation by the Council overseeing the functioning of 
that Agreement. The decision to adopt an interpretation shall 
be taken by a three-fourths majority of the Members. This 
paragraph shall not be used in a manner that would undermine 
the amendment provisions in Article X.
    3. In exceptional circumstances, the Ministerial Conference 
may decide to waive an obligation imposed on a Member by this 
Agreement or any of the Multilateral Trade Agreements, provided 
that any such decision shall be taken by three fourths of the 
Members unless otherwise provided for in this paragraph.
          (a) A request for a waiver concerning this Agreement 
        shall be submitted to the Ministerial Conference for 
        consideration pursuant to the practice of decision-
        making by consensus. The Ministerial Conference shall 
        establish a time-period, which shall not exceed 90 
        days, to consider the request. If consensus is not 
        reached during the time-period, any decision to grant a 
        waiver shall be taken by three fourths of the Members.
          (b) A request for a waiver concerning the 
        Multilateral Trade Agreements in Annexes 1A or 1B or 1C 
        and their annexes shall be submitted initially to the 
        Council for Trade in Goods, the Council for Trade in 
        Services or the Council for TRIPS, respectively, for 
        consideration during a time-period which shall not 
        exceed 90 days. At the end of the time-period, the 
        relevant Council shall submit a report to the 
        Ministerial Conference.
    4. A decision by the Ministerial Conference granting a 
waiver shall state the exceptional circumstances justifying the 
decision, the terms and conditions governing the application of 
the waiver, and the date on which the waiver shall terminate. 
Any waiver granted for a period of more than one year shall be 
reviewed by the Ministerial Conference not later than one year 
after it is granted, and thereafter annually until the waiver 
terminates. In each review, the Ministerial Conference shall 
examine whether the exceptional circumstances justifying the 
waiver still exist and whether the terms and conditions 
attached to the waiver have been met. The Ministerial 
Conference, on the basis of the annual review, may extend, 
modify or terminate the waiver.
    5. Decisions under a Plurilateral Trade Agreement, 
including any decisions on interpretations and waivers, shall 
be governed by the provisions of that Agreement.

                         Article X--Amendments

    1. Any Member of the WTO may initiate a proposal to amend 
the provisions of this Agreement or the Multilateral Trade 
Agreements in Annex 1 by submitting such proposal to the 
Ministerial Conference. The Councils listed in paragraph 5 of 
Article IV may also submit to the Ministerial Conference 
proposals to amend the provisions of the corresponding 
Multilateral Trade Agreements in Annex 1 the functioning of 
which they oversee. Unless the Ministerial Conference decides 
on a longer period, for a period of 90 days after the proposal 
has been tabled formally at the Ministerial Conference any 
decision by the Ministerial Conference to submit the proposed 
amendment to the Members for acceptance shall be taken by 
consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, 
that decision shall specify whether the provisions of 
paragraphs 3 or 4 shall apply. If consensus is reached, the 
Ministerial Conference shall forthwith submit the proposed 
amendment to the Members for acceptance. If consensus is not 
reached at a meeting of the Ministerial Conference within the 
established period, the Ministerial Conference shall decide by 
a two-thirds majority of the Members whether to submit the 
proposed amendment to the Members for acceptance. Except as 
provided in paragraphs 2, 5 and 6, the provisions of paragraph 
3 shall apply to the proposed amendment, unless the Ministerial 
Conference decides by a three-fourths majority of the Members 
that the provisions of paragraph 4 shall apply.
    2. Amendments to the provisions of this Article and to the 
provisions of the following Articles shall take effect only 
upon acceptance by all Members:
          Article IX of this Agreement;
          Articles I and II of GATT 1994;
          Article II:1 of GATS;
          Article 4 of the Agreement on TRIPS.
    3. Amendments to provisions of this Agreement, or of the 
Multilateral Trade Agreements in Annexes 1A and 1C, other than 
those listed in paragraphs 2 and 6, of a nature that would 
alter the rights and obligations of the Members, shall take 
effect for the Members that have accepted them upon acceptance 
by two thirds of the Members and thereafter for each other 
Member upon acceptance by it. The Ministerial Conference may 
decide by a three-fourths majority of the Members that any 
amendment made effective under this paragraph is of such a 
nature that any Member which has not accepted it within a 
period specified by the Ministerial Conference in each case 
shall be free to withdraw from the WTO or to remain a Member 
with the consent of the Ministerial Conference.
    4. Amendments to provisions of this Agreement or of the 
Multilateral Trade Agreements in Annexes 1A and 1C, other than 
those listed in paragraphs 2 and 6, of a nature that would not 
alter the rights and obligations of the Members, shall take 
effect for all Members upon acceptance by two thirds of the 
Members.
    5. Except as provided in paragraph 2 above, amendments to 
Parts I, II and III of GATS and the respective annexes shall 
take effect for the Members that have accepted them upon 
acceptance by two thirds of the Members and thereafter for each 
Member upon acceptance by it. The Ministerial Conference may 
decide by a three-fourths majority of the Members that any 
amendment made effective under the preceding provision is of 
such a nature that any Member which has not accepted it within 
a period specified by the Ministerial Conference in each case 
shall be free to withdraw from the WTO or to remain a Member 
with the consent of the Ministerial Conference. Amendments to 
Parts IV, V and VI of GATS and the respective annexes shall 
take effect for all Members upon acceptance by two thirds of 
the Members.
    6. Notwithstanding the other provisions of this Article, 
amendments to the Agreement on TRIPS meeting the requirements 
of paragraph 2 of Article 71 thereof may be adopted by the 
Ministerial Conference without further formal acceptance 
process.
    7. Any Member accepting an amendment to this Agreement or 
to a Multilateral Trade Agreement in Annex 1 shall deposit an 
instrument of acceptance with the Director-General of the WTO 
within the period of acceptance specified by the Ministerial 
Conference.
    8. Any Member of the WTO may initiate a proposal to amend 
the provisions of the Multilateral Trade Agreements in Annexes 
2 and 3 by submitting such proposal to the Ministerial 
Conference. The decision to approve amendments to the 
Multilateral Trade Agreement in Annex 2 shall be made by 
consensus and these amendments shall take effect for all 
Members upon approval by the Ministerial Conference. Decisions 
to approve amendments to the Multilateral Trade Agreement in 
Annex 3 shall take effect for all Members upon approval by the 
Ministerial Conference.
    9. The Ministerial Conference, upon the request of the 
Members parties to a trade agreement, may decide exclusively by 
consensus to add that agreement to Annex 4. The Ministerial 
Conference, upon the request of the Members parties to a 
Plurilateral Trade Agreement, may decide to delete that 
Agreement from Annex 4.
    10. Amendments to a Plurilateral Trade Agreement shall be 
governed by the provisions of that Agreement.

                    Article XI--Original Membership

    1. The contracting parties to GATT 1947 as of the date of 
entry into force of this Agreement, and the European 
Communities, which accept this Agreement and the Multilateral 
Trade Agreements and for which Schedules of Concessions and 
Commitments are annexed to GATT 1994 and for which Schedules of 
Specific Commitments are annexed to GATS shall become original 
Members of the WTO.
    2. The least-developed countries recognized as such by the 
United Nations will only be required to undertake commitments 
and concessions to the extent consistent with their individual 
development, financial and trade needs or their administrative 
and institutional capabilities.

                         Article XII--Accession

    1. Any State or separate customs territory possessing full 
autonomy in the conduct of its external commercial relations 
and of the other matters provided for in this Agreement and the 
Multilateral Trade Agreements may accede to this Agreement, on 
terms to be agreed between it and the WTO. Such accession shall 
apply to this Agreement and the Multilateral Trade Agreements 
annexed thereto.
    2. Decisions on accession shall be taken by the Ministerial 
Conference. The Ministerial Conference shall approve the 
agreement on the terms of accession by a two-thirds majority of 
the Members of the WTO.
    3. Accession to a Plurilateral Trade Agreement shall be 
governed by the provisions of that Agreement.

Article XIII--Non-Application of Multilateral Trade Agreements between 
                           Particular Members

    1. This Agreement and the Multilateral Trade Agreements in 
Annexes 1 and 2 shall not apply as between any Member and any 
other Member if either of the Members, at the time either 
becomes a Member, does not consent to such application.
    2. Paragraph 1 may be invoked between original Members of 
the WTO which were contracting parties to GATT 1947 only where 
Article XXXV of that Agreement had been invoked earlier and was 
effective as between those contracting parties at the time of 
entry into force for them of this Agreement.
    3. Paragraph 1 shall apply between a Member and another 
Member which has acceded under Article XII only if the Member 
not consenting to the application has so notified the 
Ministerial Conference before the approval of the agreement on 
the terms of accession by the Ministerial Conference.
    4. The Ministerial Conference may review the operation of 
this Article in particular cases at the request of any Member 
and make appropriate recommendations.
    5. Non-application of a Plurilateral Trade Agreement 
between parties to that Agreement shall be governed by the 
provisions of that Agreement.

         Article XIV--Acceptance, Entry into Force and Deposit

    1. This Agreement shall be open for acceptance, by 
signature or otherwise, by contracting parties to GATT 1947, 
and the European Communities, which are eligible to become 
original Members of the WTO in accordance with Article XI of 
this Agreement. Such acceptance shall apply to this Agreement 
and the Multilateral Trade Agreements annexed hereto. This 
Agreement and the Multilateral Trade Agreements annexed hereto 
shall enter into force on the date determined by Ministers in 
accordance with paragraph 3 of the Final Act Embodying the 
Results of the Uruguay Round of Multilateral Trade Negotiations 
and shall remain open for acceptance for a period of two years 
following that date unless the Ministers decide otherwise. An 
acceptance following the entry into force of this Agreement 
shall enter into force on the 30th day following the date of 
such acceptance.
    2. A Member which accepts this Agreement after its entry 
into force shall implement those concessions and obligations in 
the Multilateral Trade Agreements that are to be implemented 
over a period of time starting with the entry into force of 
this Agreement as if it had accepted this Agreement on the date 
of its entry into force.
    3. Until the entry into force of this Agreement, the text 
of this Agreement and the Multilateral Trade Agreements shall 
be deposited with the Director-General to the CONTRACTING 
PARTIES to GATT 1947. The Director-General shall promptly 
furnish a certified true copy of this Agreement and the 
Multilateral Trade Agreements, and a notification of each 
acceptance thereof, to each government and the European 
Communities having accepted this Agreement. This Agreement and 
the Multilateral Trade Agreements, and any amendments thereto, 
shall, upon the entry into force of this Agreement, be 
deposited with the Director-General of the WTO.
    4. The acceptance and entry into force of a Plurilateral 
Trade Agreement shall be governed by the provisions of that 
Agreement. Such Agreements shall be deposited with the 
Director-General to the CONTRACTING PARTIES to GATT 1947. Upon 
the entry into force of this Agreement, such Agreements shall 
be deposited with the Director-General of the WTO.

                         Article XV--Withdrawal

    1. Any Member may withdraw from this Agreement. Such 
withdrawal shall apply both to this Agreement and the 
Multilateral Trade Agreements and shall take effect upon the 
expiration of six months from the date on which written notice 
of withdrawal is received by the Director-General of the WTO.
    2. Withdrawal from a Plurilateral Trade Agreement shall be 
governed by the provisions of that Agreement.

                 Article XVI--Miscellaneous Provisions

    1. Except as otherwise provided under this Agreement or the 
Multilateral Trade Agreements, the WTO shall be guided by the 
decisions, procedures and customary practices followed by the 
CONTRACTING PARTIES to GATT 1947 and the bodies established in 
the framework of GATT 1947.
    2. To the extent practicable, the Secretariat of GATT 1947 
shall become the Secretariat of the WTO, and the Director-
General to the CONTRACTING PARTIES to GATT 1947, until such 
time as the Ministerial Conference has appointed a Director-
General in accordance with paragraph 2 of Article VI of this 
Agreement, shall serve as Director-General of the WTO.
    3. In the event of a conflict between a provision of this 
Agreement and a provision of any of the Multilateral Trade 
Agreements, the provision of this Agreement shall prevail to 
the extent of the conflict.
    4. Each Member shall ensure the conformity of its laws, 
regulations and administrative procedures with its obligations 
as provided in the annexed Agreements.
    5. No reservations may be made in respect of any provision 
of this Agreement. Reservations in respect of any of the 
provisions of the Multilateral Trade Agreements may only be 
made to the extent provided for in those Agreements. 
Reservations in respect of a provision of a Plurilateral Trade 
Agreement shall be governed by the provisions of that 
Agreement.
    6. This Agreement shall be registered in accordance with 
the provisions of Article 102 of the Charter of the United 
Nations.

    Done at Marrakesh this fifteenth day of April one thousand 
nine hundred and ninety-four, in a single copy, in the English, 
French and Spanish languages, each text being authentic.

Explanatory Notes:
    The terms ``country'' or ``countries'' as used in this 
Agreement and the Multilateral Trade Agreements are to be 
understood to include any separate customs territory Member of 
the WTO.
    In the case of a separate customs territory Member of the 
WTO, where an expression in this Agreement and the Multilateral 
Trade Agreements is qualified by the term ``national'', such 
expression shall be read as pertaining to that customs 
territory, unless otherwise specified.

                            LIST OF ANNEXES

                                ANNEX 1

ANNEX 1A: Multilateral Agreements on Trade in Goods
    General Agreement on Tariffs and Trade 1994
    Agreement on Agriculture
    Agreement on the Application of Sanitary and Phytosanitary 
Measures
    Agreement on Textiles and Clothing
    Agreement on Technical Barriers to Trade
    Agreement on Trade-Related Investment Measures
    Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994
    Agreement on Implementation of Article VII of the General 
Agreement on Tariffs and Trade 1994
    Agreement on Preshipment Inspection
    Agreement on Rules of Origin
    Agreement on Import Licensing Procedures
    Agreement on Subsidies and Countervailing Measures
    Agreement on Safeguards
ANNEX 1B: General Agreement on Trade in Services and Annexes
ANNEX 1C: Agreement on Trade-Related Aspects of Intellectual 
Property Rights

                                ANNEX 2

    Understanding on Rules and Procedures Governing the 
Settlement of Disputes

                                ANNEX 3

    Trade Policy Review Mechanism

                 ANNEX 4--Plurilateral Trade Agreements

    Agreement on Trade in Civil Aircraft
    Agreement on Government Procurement
    International Dairy Agreement
    International Bovine Meat Agreement
                4. International Telecommunication Union

   a. Constitution of the International Telecommunication Union, as 
                              amended \1\

 Done at Geneva, December 22, 1992; Entered into force generally, July 
 1, 1994; Advise and consent of the Senate, October 23, 1997; Entered 
           into force for the United States, October 26, 1997

       Constitution of the International Telecommunication Union

                                Preamble

    1. While fully recognizing the sovereign right of each 
State to regulate its telecommunication and having regard to 
the growing importance of telecommunication for the 
preservation of peace and the economic and social development 
of all States, the States Parties to this Constitution, as the 
basic instrument of the International Telecommunication Union, 
and to the Convention of the International Telecommunication 
Union (hereinafter referred to as ``the Convention'') which 
complements it, with the object of facilitating peaceful 
relations, international cooperation among peoples and economic 
and social development by means of efficient telecommunication 
services, have agreed as follows:
---------------------------------------------------------------------------
    \1\ For states that are parties to the Constitution, see Department 
of State publication, Treaties in Force. The Constitution was amended 
at Kyoto, October 14, 1994; at Minneapolis, 1998, and at Marrakesh, 
2002.
---------------------------------------------------------------------------

                      CHAPTER I--BASIC PROVISIONS

                    Article 1--Purposes of the Union

    1. The purposes of the Union are:
          (a) to maintain and extend international cooperation 
        among all its Member States for the improvement and 
        rational use of telecommunications of all kinds;
          (abis) to promote and enhance participation of 
        entities and organizations in the activities of the 
        Union and foster fruitful cooperation and partnership 
        between them and Member States for the fulfillment of 
        the overall objectives as embodied in the purposes of 
        the Union;
          (b) to promote and to offer technical assistance to 
        developing countries in the field of 
        telecommunications, and also to promote the 
        mobilization of the material, human and financial 
        resources needed for its implementation, as well as 
        access to information;
          (c) to promote the development of technical 
        facilities and their most efficient operation with a 
        view to improving the efficiency of telecommunication 
        services, increasing their usefulness and making them, 
        so far as possible, generally available to the public;
          (d) to promote the extension of the benefits of the 
        new telecommunication technologies to all the world's 
        inhabitants;
          (e) to promote the use of telecommunication services 
        with the objective of facilitating peaceful relations;
          (f) to harmonize the actions of Member States and 
        promote fruitful and constructive cooperation and 
        partnership between Member States and Sector Members in 
        the attainment of those ends;
          (g) to promote, at the international level, the 
        adoption of a broader approach to the issues of 
        telecommunications in the global information economy 
        and society, by cooperating with other world and 
        regional intergovernmental organizations and those non-
        governmental organizations concerned with 
        telecommunications.
    2. To this end, the Union shall in particular:
          (a) effect allocation of bands of the radio-frequency 
        spectrum, the allotment of radio frequencies and the 
        registration of radio-frequency assignments and, for 
        space services, of any associated orbital position in 
        the geostationary-satellite orbit or of any associated 
        characteristics of satellites in other orbits, in order 
        to avoid harmful interference between radio stations of 
        different countries;
          (b) coordinate efforts to eliminate harmful 
        interference between radio stations of different 
        countries and to improve the use made of the radio-
        frequency spectrum for radiocommunication services and 
        of the geostationary-satellite and other satellite 
        orbits;
          (c) facilitate the worldwide standardization of 
        telecommunications, with a satisfactory quality of 
        service;
          (d) foster international cooperation and solidarity 
        in the delivery of technical assistance to the 
        developing countries and the creation, development and 
        improvement of telecommunication equipment and networks 
        in developing countries by every means at its disposal, 
        including through its participation in the relevant 
        programmes of the United Nations and the use of its own 
        resources, as appropriate;
          (e) coordinate efforts to harmonize the development 
        of telecommunication facilities, notably those using 
        space techniques, with a view to full advantage being 
        taken of their possibilities;
          (f) foster collaboration among Member States and 
        Sector Members with a view to the establishment of 
        rates at levels as low as possible consistent with an 
        efficient service and taking into account the necessity 
        for maintaining independent financial administration of 
        telecommunications on a sound basis;
          (g) promote the adoption of measures for ensuring the 
        safety of life through the cooperation of 
        telecommunication services;
          (h) undertake studies, make regulations, adopt 
        resolutions, formulate recommendations and opinions, 
        and collect and publish information concerning 
        telecommunication matters;
          (i) promote, with international financial and 
        development organizations, the establishment of 
        preferential and favourable lines of credit to be used 
        for the development of social projects aimed, inter 
        alia, at extending telecommunication services to the 
        most isolated areas in countries.
          (j) promote participation of concerned entities in 
        the activities of the Union and cooperation with 
        regional and other organizations for the fulfillment of 
        the purposes of the Union.

                  Article 2--Composition of the Union

    The International Telecommunication Union is an 
intergovernmental organization in which Member States and 
Sector Members, having well-defined rights and obligations, 
cooperate for the fulfillment of the purposes of the Union. It 
shall, having regard to the principle of universality and the 
desirability of universal participation in the Union, be 
composed of:
          (a) any State which is a Member State of the 
        International Telecommunication Union as a Party to any 
        International Telecommunication Convention prior to the 
        entry into force of this Constitution and the 
        Convention;
          (b) any other State, a Member of the United Nations, 
        which accedes to this Constitution and the Convention 
        in accordance with Article 53 of this Constitution;
          (c) any other State, not a Member of the United 
        Nations, which applies for membership of the Union and 
        which, after having secured approval of such 
        application by two-thirds of the Member States of the 
        Union, accedes to this Constitution and the Convention 
        in accordance with Article 53 of this Constitution. If 
        such application for membership is made during the 
        interval between two plenipotentiary conferences, the 
        Secretary-General shall consult the Member States of 
        the Union; a Member State shall be deemed to have 
        abstained if it has not replied within four months 
        after its opinion has been requested.

 Article 3--Rights and Obligations of Member States and Sector Members

    1. Member States and Sector Members shall have the rights 
and shall be subject to the obligations provided for in this 
Constitution and the Convention.
    2. Rights of Member States in respect of their 
participation in the conferences, meetings and consultations of 
the Union are:
          (a) all Member States shall be entitled to 
        participate in conferences, shall be eligible for 
        election to the Council and shall have the right to 
        nominate candidates for election as officials of the 
        Union or as members of the Radio Regulations Board;
          (b) subject to the provisions of Nos. 169 and 210 of 
        this Constitution, each Member State shall have one 
        vote at all plenipotentiary conferences, all world 
        conferences and all Sector assemblies and study group 
        meetings and, if it is a Member State of the Council, 
        all sessions of that Council. At regional conferences, 
        only the Member States of the region concerned shall 
        have the right to vote;
          (c) subject to the provisions of Nos. 169 and 210 of 
        this Constitution, each Member State shall also have 
        one vote in all consultations carried out by 
        correspondence. In the case of consultations regarding 
        regional conferences, only the Member States of the 
        region concerned shall have the right to vote.
    3. In respect of their participation in activities of the 
Union, Sector Members shall be entitled to participate fully in 
the activities of the Sector of which they are members, subject 
to relevant provisions of this Constitution and the Convention:
          (a) they may provide chairmen and vice-chairmen of 
        Sector assemblies and meetings and world 
        telecommunication development conferences;
          (b) they shall be entitled, subject to the relevant 
        provisions of the Convention and relevant decisions 
        adopted in this regard by the Plenipotentiary 
        Conference, to take part in the adoption of Questions 
        and Recommendations and in decisions relating to the 
        working methods and procedures of the Sector concerned.

                  Article 4--Instruments of the Union

    1. The instruments of the Union are:
          --this Constitution of the International 
        Telecommunication Union,
          --the Convention of the International 
        Telecommunication Union, and
          --the Administrative Regulations.
    2. This Constitution, the provisions of which are 
complemented by those of the Convention, is the basic 
instrument of the Union.
    3. The provisions of both this Constitution and the 
Convention are further complemented by those of the 
Administrative Regulations, enumerated below, which regulate 
the use of telecommunications and shall be binding on all 
Member States:
          --International Telecommunication Regulations,
          --Radio Regulations.
    4. In the case of inconsistency between a provision of this 
Constitution and a provision of the Convention or of the 
Administrative Regulations, the Constitution shall prevail. In 
the case of inconsistency between a provision of the Convention 
and a provision of the Administrative Regulations, the 
Convention shall prevail.

                         Article 5--Definitions

    Unless the context otherwise requires:
          (a) the terms used in this Constitution and defined 
        in its Annex, which forms an integral part of this 
        Constitution, shall have the meanings assigned to them 
        in that Annex;
          (b) the terms--other than those defined in the Annex 
        to this Constitution--used in the Convention and 
        defined in the Annex thereto, which forms an integral 
        part of the Convention, shall have the meanings 
        assigned to them in that Annex;
          (c) other terms defined in the Administrative 
        Regulations shall have the meanings therein assigned to 
        them.

          Article 6--Execution of the Instruments of the Union

    1. The Member States are bound to abide by the provisions 
of this Constitution, the Convention and the Administrative 
Regulations in all telecommunication offices and stations 
established or operated by them which engage in international 
services or which are capable of causing harmful interference 
to radio services of other countries, except in regard to 
services exempted from these obligations in accordance with the 
provisions of Article 48 of this Constitution.
    2. The Member States are also bound to take the necessary 
steps to impose the observance of the provisions of this 
Constitution, the Convention and the Administrative Regulations 
upon operating agencies authorized by them to establish and 
operate telecommunications and which engage in international 
services or which operate stations capable of causing harmful 
interference to the radio services of other countries.

                   Article 7--Structure of the Union

    The Union shall comprise:
          (a) the Plenipotentiary Conference, which is the 
        supreme organ of the Union;
          (b) the Council, which acts on behalf of the 
        Plenipotentiary Conference;
          (c) world conferences on international 
        telecommunications;
          (d) the Radiocommunication Sector, including world 
        and regional radiocommunication conferences, 
        radiocommunication assemblies and the Radio Regulations 
        Board;
          (e) the Telecommunication Standardization Sector, 
        including world telecommunication standardization 
        assemblies;
          (f) the Telecommunication Development Sector, 
        including world and regional telecommunication 
        development conferences;
          (g) the General Secretariat.

                 Article 8--Plenipotentiary Conference

    1. The Plenipotentiary Conference shall be composed of 
delegations representing Member States. It shall be convened 
every four years.
    2. On the basis of proposals by Member States and taking 
account of reports by the Council, the Plenipotentiary 
Conference shall:
          (a) determine the general policies for fulfilling the 
        purposes of the Union prescribed in Article 1 of this 
        Constitution;
          (b) consider the reports by the Council on the 
        activities of the Union since the previous 
        plenipotentiary conference and on the policy and 
        strategic planning of the Union;
          (c) in the light of its decisions taken on the 
        reports referred to in No. 50 above, establish the 
        strategic plan for the Union and the basis for the 
        budget of the Union, and determine related financial 
        limits, until the next plenipotentiary conference, 
        after considering all relevant aspects of the work of 
        the Union in that period;
          (cbis) establish, using the procedures described in 
        Nos. 161D to 161G of this Constitution, the total 
        number of contributory units for the period up to the 
        next plenipotentiary conference on the basis of the 
        classes of contribution announced by Member States;
          (d) provide any general directives dealing with the 
        staffing of the Union and, if necessary, fix the basic 
        salaries, the salary scales and the system of 
        allowances and pensions for all the officials of the 
        Union;
          (e) examine the accounts of the Union and finally 
        approve them, if appropriate;
          (f) elect the Member States which are to serve on the 
        Council;
          (g) elect the Secretary-General, the Deputy 
        Secretary-General and the Directors of the Bureau of 
        the Sectors as elected officials of the Union;
          (h) elect the members of the Radio Regulations Board;
          (i) consider and adopt, if appropriate, proposals for 
        amendments to this Constitution and the Convention, put 
        forward by Member States, in accordance with the 
        provisions of Article 55 of this Constitution and the 
        relevant provisions of the Convention, respectively;
          (j) conclude or revise, if necessary, agreements 
        between the Union and other international 
        organizations, examine any provisional agreements with 
        such organizations concluded by the Council on behalf 
        of the Union, and take such measures in connection 
        therewith as it deems appropriate;
          (jbis) adopt and amend the General Rules of 
        conferences, assemblies and meetings of the Union;
          (k) deal with such other telecommunication questions 
        as may be necessary.
    3. Exceptionally, in the interval between two ordinary 
Plenipotentiary Conferences, it shall be possible to convene an 
extraordinary Plenipotentiary Conference with a restricted 
agenda to deal with specific matters:
          (a) by a decision of the preceding ordinary 
        Plenipotentiary Conference;
          (b) should two-thirds of the Member States 
        individually so request the Secretary-General;
          (c) at the proposal of the Council with the approval 
        of at least two-thirds of the Member States.

     Article 9--Principles Concerning Elections and Related Matters

    1. The Plenipotentiary Conference, at any elections 
referred to in Nos. 54 to 56 of this Constitution, shall ensure 
that:
          (a) the Member States of the Council are elected with 
        due regard to the need for equitable distribution of 
        the seats on the Council among all regions of the 
        world;
          (b) the Secretary-General, the Deputy Secretary-
        General and the Directors of the Bureau shall be 
        elected among the candidates proposed by Member States 
        as their nationals and shall all be nationals of 
        different Member States, and at their election due 
        consideration should be given to equitable geographical 
        distribution amongst the regions of the world; due 
        consideration should also be given to the principles 
        embodied in No. 154 of this Constitution;
          (c) the members of the Radio Regulations Board shall 
        be elected in their individual capacity from among the 
        candidates proposed by Member States as their 
        nationals. Each Member State may propose only one 
        candidate. The members of the Radio Regulations Board 
        shall not be nationals of the same Member State as the 
        Director of the Radiocommunication Bureau; at their 
        election, due consideration should be given to 
        equitable geographical distribution amongst the regions 
        of the world and to the principles embodied in No. 93 
        of this Constitution.
    2. Provisions relating to taking up duties, vacancy and re-
eligibility are contained in the Convention.

                        Article 10--The Council

    1. The Council shall be composed of Member States elected 
by the Plenipotentiary Conference in accordance with the 
provisions of No. 61 of this Constitution.
    2. Each Member State of the Council shall appoint a person 
to serve on the Council who may be assisted by one or more 
advisers.
    3. In the interval between Plenipotentiary Conferences, the 
Council shall act, as governing body of the Union, on behalf of 
the Plenipotentiary Conference within the limits of the powers 
delegated to it by the latter.
    4.(1) The Council shall take all steps to facilitate the 
implementation by the Member States of the provisions of this 
Constitution, of the Convention, of the Administrative 
Regulations, of the decisions of the Plenipotentiary 
Conference, and, where appropriate, of the decisions of other 
conferences and meetings of the Union, and perform any duties 
assigned to it by the Plenipotentiary Conference.
    (2) The Council shall consider broad telecommunication 
policy issues in accordance with the guidelines given by the 
Plenipotentiary Conference to ensure that the Union's policies 
and strategy fully respond to changes in the telecommunication 
environment.
    (2bis) The Council shall prepare a report on the policy and 
strategic planning recommended for the Union, together with 
their financial implications, using the specific data prepared 
by the Secretary-General under No. 74A below.
    (3) It shall ensure the efficient coordination of the work 
of the Union and exercise effective financial control over the 
General Secretariat and the three Sectors.
    (4) It shall contribute, in accordance with the purposes of 
the Union, to the development of telecommunications in the 
developing countries by every means at its disposal, including 
through the participation of the Union in the appropriate 
programmes of the United Nations.

                    Article 11--General Secretariat

    1.(1) The General Secretariat shall be directed by a 
Secretary-General, assisted by one Deputy Secretary-General.
    (2) The functions of the Secretary-General are specified in 
the Convention. In addition, the Secretary-General shall:
          (a) coordinate the Union's activities, with the 
        assistance of the Coordination Committee;
          (b) prepare, with the assistance of the Coordination 
        Committee, and provide to the Member States and Sector 
        Members, such specific information as may be required 
        for the preparation of a report on the policies and 
        strategic plan for the Union, and coordinate the 
        implementation of the plan; this report shall be 
        communicated to the Member States and Sector Members 
        for review during the last two regularly scheduled 
        sessions of the Council before a plenipotentiary 
        conference;
          (c) take all the actions required to ensure economic 
        use of the Union's resources and be responsible to the 
        Council for all the administrative and financial 
        aspects of the Union's activities;
          (d) act as the legal representative of the Union.
    (3) The Secretary-General may act as depositary of special 
arrangements established in conformity with Article 42 of this 
Constitution.
    2. The Deputy Secretary-General shall be responsible to the 
Secretary-General; he shall assist the Secretary-General in the 
performance of his duties and undertake such specific tasks as 
may be entrusted to him by the Secretary-General. He shall 
perform the duties of the Secretary-General in the absence of 
the latter.

                 CHAPTER II--RADIOCOMMUNICATION SECTOR

                  Article 12--Functions and Structure

    1.(1) The functions of the Radiocommunication Sector shall 
be, bearing in mind the particular concerns of developing 
countries, to fulfill the purposes of the Union, as stated in 
Article 1 of this Constitution, relating to radiocommunication:
          --by ensuring the rational, equitable, efficient and 
        economical use of the radio-frequency spectrum by all 
        radiocommunication services, including those using the 
        geostationary-satellite or other satellite orbits, 
        subject to the provisions of Article 44 of this 
        Constitution, and
          --by carrying out studies without limit of frequency 
        range and adopting recommendations on 
        radiocommunication matters.
    (2) The precise responsibilities of the Radiocommunication 
Sector and the Telecommunication Standardization Sector shall 
be subject to continuing review, in close cooperation, with 
regard to matters of common interest to both Sectors, in 
accordance with the relevant provisions of the Convention. 
Close coordination shall be carried out between the 
Radiocommunication, Telecommunication Standardization and 
Telecommunication Development Sectors.
    2. The Radiocommunication Sector shall work through:
          (a) world and regional radiocommunication 
        conferences;
          (b) the Radio Regulations Board;
          (c) radiocommunication assemblies;
          (d) radiocommunication study groups;
          (dbis) the radiocommunication advisory group;
          (e) the Radiocommunication Bureau, headed by the 
        elected Director.
    3. The Radiocommunication Sector shall have as members:
          (a) of right, the administrations of all Member 
        States;
          (b) any entity or organization which becomes a Sector 
        Member in accordance with the relevant provisions of 
        the Convention.

   Article 13--Radiocommunication Conferences and Radiocommunication 
                               Assemblies

    1. A world radiocommunication conference may partially or, 
in exceptional cases, completely, revise the Radio Regulations 
and may deal with any question of a worldwide character within 
its competence and related to its agenda; its other duties are 
specified in the Convention.
    2. World radiocommunication conferences shall normally be 
convened every two to three years; however, following the 
application of the relevant provisions of the Convention, such 
a conference need not be convened or an additional one may be 
convened.
    3. Radiocommunication assemblies shall also normally be 
convened every two to three years, and may be associated in 
place and time with world radiocommunication conferences so as 
to improve the efficiency and effectiveness of the 
Radiocommunication Sector. Radiocommunication assemblies shall 
provide the necessary technical bases for the work of the world 
radiocommunication conferences and respond to all requests from 
world radiocommunication conferences. The duties of the 
radiocommunication assemblies are specified in the Convention.
    4. The decisions of a world radiocommunication conference, 
of a radiocommunication assembly and of a regional 
radiocommunication conference shall in all circumstances be in 
conformity with this Constitution and the Convention. The 
decisions of a radiocommunication assembly or of a regional 
radiocommunication conference shall also in all circumstances 
be in conformity with the Radio Regulations. When adopting 
resolutions and decisions, the conferences shall take into 
account the foreseeable financial implications and should avoid 
adopting resolutions and decisions which might give rise to 
expenditure in excess of the financial limits laid down by the 
Plenipotentiary Conference.

                  Article 14--Radio Regulations Board

    1. The Radio Regulations Board shall consist of elected 
members thoroughly qualified in the field of 
radiocommunications and possessing practical experience in the 
assignment and utilization of frequencies. Each member shall be 
familiar with the geographic, economic and demographic 
conditions within a particular area of the world. They shall 
perform their duties for the Union independently and on a part-
time basis.
    1bis. The Radio Regulations Board is composed of not more 
than either 12 members, or of a number corresponding to 6% of 
the total number of Member States, whichever is the greater.
    2. The duties of the Radio Regulations Board shall consist 
of:
          (a) the approval of Rules of Procedure, which include 
        technical criteria, in accordance with the Radio 
        Regulations and with any decision which may be taken by 
        competent radiocommunication conferences. These Rules 
        of Procedure shall be used by the Director and the 
        Bureau in the application of the Radio Regulations to 
        register frequency assignments made by Member States. 
        These Rules shall be developed in a transparent manner 
        and shall be open to comment by administrations and, in 
        case of continuing disagreement, the matter shall be 
        submitted to the next world radiocommunication 
        conference;
          (b) the consideration of any other matter that cannot 
        be resolved through the application of the above Rules 
        of Procedure;
          (c) the performance of any additional duties, 
        concerned with the assignment and utilization of 
        frequencies, as indicated in No. 78 of this 
        Constitution, in accordance with the procedures 
        provided for in the Radio Regulations, and as 
        prescribed by a competent conference or by the Council 
        with the consent of a majority of the Member States, in 
        preparation for, or in pursuance of the decisions of, 
        such a conference.
    3. (1) In the exercise of their Board duties, the members 
of the Radio Regulations Board shall serve, not as representing 
their respective Member States nor a region, but as custodians 
of an international public trust. In particular, each member of 
the Board shall refrain from intervening in decisions directly 
concerning the member's own administration.
    (2) No member of the Board shall request or receive 
instructions relating to the exercise of his duties for the 
Union from any government or a member thereof, or from any 
public or private organization or person. Members of the Board 
shall refrain from taking any action or from participating in 
any decision which may be incompatible with their status 
defined in No. 98 above.
    (3) Member States and Sector Members shall respect the 
exclusively international character of the duties of the 
members of the Board and refrain from attempting to influence 
them in the performance of their Board duties.
    4. The working methods of the Radio Regulations Board are 
defined in the Convention.

  Article 15--PP-98 Radiocommunication Study Groups and Advisory Group

    The respective duties of the radiocommunication study 
groups and advisory group are specified in the Convention.

                 Article 16--Radiocommunication Bureau

    The functions of the Director of the Radiocommunication 
Bureau are specified in the Convention.

         CHAPTER III--Telecommunication Standardization Sector

                  Article 17--Functions and Structure

    1. (1) The functions of the Telecommunication 
Standardization Sector shall be, bearing in mind the particular 
concerns of the developing countries, to fulfill the purposes 
of the Union relating to telecommunication standardization, as 
stated in Article 1 of this Constitution, by studying 
technical, operating and tariff questions and adopting 
recommendations on them with a view to standardizing 
telecommunications on a worldwide basis.
    (2) The precise responsibilities of the Telecommunication 
Standardization and Radiocommunication Sectors shall be subject 
to continuing review, in close cooperation, with regard to 
matters of common interest to both Sectors, in accordance with 
the relevant provisions of the Convention. Close coordination 
shall be carried out between the Radiocommunication, 
Telecommunication Standardization and Telecommunication 
Development Sectors.
    2. The Telecommunication Standardization Sector shall work 
through:
          (a) world telecommunication standardization 
        assemblies;
          (b) telecommunication standardization study groups;
          (bbis) the telecommunication standardization advisory 
        group;
          (c) the Telecommunication Standardization Bureau 
        headed by the elected Director.
    3. The Telecommunication Standardization Sector shall have 
as members:
          (a) of right, the administrations of all Member 
        States;
          (b) any entity or organization which becomes a Sector 
        Member in accordance with the relevant provisions of 
        the Convention.

  Article 18--PP-98 World Telecommunication Standardization Assemblies

    1. The duties of world telecommunication standardization 
assemblies are specified in the Convention.
    2. World telecommunication standardization assemblies shall 
be convened every four years; however, an additional assembly 
may be held in accordance with the relevant provisions of the 
Convention.
    3. Decisions of world telecommunication standardization 
assemblies must in all circumstances be in conformity with this 
Constitution, the Convention and the Administrative 
Regulations. When adopting resolutions and decisions, the 
assemblies shall take into account the foreseeable financial 
implications and should avoid adopting resolutions and 
decisions which might give rise to expenditure in excess of the 
financial limits laid down by the Plenipotentiary Conference.

 Article 19--PP-98 Telecommunication Standardization Study Groups and 
                             Advisory Group

    The respective duties of the telecommunication 
standardization study groups and advisory group are specified 
in the Convention.

          Article 20--Telecommunication Standardization Bureau

    The functions of the Director of the Telecommunication 
Standardization Bureau are specified in the Convention.

            CHAPTER IV--Telecommunication Development Sector

                  Article 21--Functions and Structure

    1. (1) The functions of the Telecommunication Development 
Sector shall be to fulfill the purposes of the Union as stated 
in Article 1 of this Constitution and to discharge, within its 
specific sphere of competence, the Union's dual responsibility 
as a United Nations specialized agency and executing agency for 
implementing projects under the United Nations development 
system or other funding arrangements so as to facilitate and 
enhance telecommunications development by offering, organizing 
and coordinating technical cooperation and assistance 
activities.
    (2) The activities of the Radiocommunication, 
Telecommunication Standardization and Telecommunication 
Development Sectors shall be the subject of close cooperation 
with regard to matters relating to development, in accordance 
with the relevant provisions of this Constitution.
    2. Within the foregoing framework, the specific functions 
of the Telecommunication Development Sector shall be to:
          (a) raise the level of awareness of decision-makers 
        concerning the important role of telecommunications in 
        the national economic and social development programme, 
        and provide information and advice on possible policy 
        and structural options;
          (b) promote, especially by means of partnership, the 
        development, expansion and operation of 
        telecommunication networks and services, particularly 
        in developing countries, taking into account the 
        activities of other relevant bodies, by reinforcing 
        capabilities for human resources development, planning, 
        management, resource mobilization, and research and 
        development;
          (c) enhance the growth of telecommunications through 
        cooperation with regional telecommunications 
        organizations and with global and regional development 
        financing institutions, monitoring the status of 
        projects included in its development programme to 
        ensure that they are properly executed;
          (d) activate the mobilization of resources to provide 
        assistance in the field of telecommunications to 
        developing countries by promoting the establishment of 
        preferential and favourable lines of credit, and 
        cooperating with international and regional financial 
        and development institutions;
          (e) promote and coordinate programmes to accelerate 
        the transfer of appropriate technologies to the 
        developing countries in the light of changes and 
        developments in the networks of the developed 
        countries;
          (f) encourage participation by industry in 
        telecommunication development in developing countries, 
        and offer advice on the choice and transfer of 
        appropriate technology;
          (g) offer advice, carry out or sponsor studies, as 
        necessary, on technical, economic, financial, 
        managerial, regulatory and policy issues, including 
        studies of specific projects in the field of 
        telecommunications;
          (h) collaborate with the other Sectors, the General 
        Secretariat and other concerned bodies in developing a 
        general plan for international and regional 
        telecommunication networks so as to facilitate the 
        coordination of their development with a view to the 
        provision of telecommunication services;
          (i) in carrying out the above functions, give special 
        attention to the requirements of the least developed 
        countries.
    3. The Telecommunication Development Sector shall work 
through:
          (a) world and regional telecommunication development 
        conferences;
          (b) telecommunication development study groups;
          (bbis) the telecommunication development advisory 
        group;
          (c) the Telecommunication Development Bureau headed 
        by the elected Director.
    4. The Telecommunication Development Sector shall have as 
members:
          (a) of right, the administrations of all Member 
        States;
          (b) any entity or organization which becomes a Sector 
        Member in accordance with the relevant provisions of 
        the Convention.

         Article 22--Telecommunication Development Conferences

    1. Telecommunication development conferences shall be a 
forum for the discussion and consideration of topics, projects 
and programmes relevant to telecommunication development and 
for the provision of direction and guidance to the 
Telecommunication Development Bureau.
    2. Telecommunication development conferences shall 
comprise:
          (a) world telecommunication development conferences;
          (b) regional telecommunication development 
        conferences.
    3. There shall be, between two Plenipotentiary Conferences, 
one world telecommunication development conference and, subject 
to resources and priorities, regional telecommunication 
development conferences.
    4. Telecommunication development conferences shall not 
produce Final Acts. Their conclusions shall take the form of 
resolutions, decisions, recommendations or reports. These 
conclusions must in all circumstances be in conformity with 
this Constitution, the Convention and the Administrative 
Regulations. When adopting resolutions and decisions, the 
conferences shall take into account the foreseeable financial 
implications and should avoid adopting resolutions and 
decisions which might give rise to expenditure in excess of the 
financial limits laid down by the Plenipotentiary Conference.
    5. The duties of telecommunication development conferences 
are specified in the Convention.

   Article 23--PP-98 Telecommunication Development Study Groups and 
                             Advisory Group

    The respective duties of telecommunication development 
study groups and advisory group are specified in the 
Convention.

            Article 24--Telecommunication Development Bureau

    The functions of the Director of the Telecommunication 
Development Bureau are specified in the Convention.

  CHAPTER V--Other Provisions Concerning the Functioning of the Union

   Article 25--World Conferences on International Telecommunications

    1. A world conference on international telecommunications 
may partially, or in exceptional cases, completely revise the 
International Telecommunication Regulations and may deal with 
any question of a worldwide character within its competence and 
related to its agenda.
    2. Decisions of world conferences on international 
telecommunications shall in all circumstances be in conformity 
with this Constitution and the Convention. When adopting 
resolutions and decisions, the conferences shall take into 
account the foreseeable financial implications and should avoid 
adopting resolutions and decisions which might give rise to 
expenditure in excess of the financial limits laid down by the 
Plenipotentiary Conference.

                   Article 26--Coordination Committee

    1. The Coordination Committee shall consist of the 
Secretary-General, the Deputy Secretary-General and the 
Directors of the three Bureau. It shall be presided over by the 
Secretary-General, and in his absence by the Deputy Secretary-
General.
    2. The Coordination Committee shall act as an internal 
management team which advises and gives the Secretary-General 
practical assistance on all administrative, financial, 
information system and technical cooperation matters which do 
not fall under the exclusive competence of a particular Sector 
or of the General Secretariat and on external relations and 
public information. In its considerations, the Committee shall 
keep fully in view the provisions of this Constitution, the 
Convention, the decisions of the Council and the interests of 
the Union as a whole.

          Article 27--Elected Officials and Staff of the Union

    1. (1) In the performance of their duties, neither the 
elected officials nor the staff of the Union shall seek or 
accept instructions from any government or from any other 
authority outside the Union. They shall refrain from acting in 
any way which is incompatible with their status as 
international officials.
    (2) Member States and Sector Members shall respect the 
exclusively international character of the duties of these 
elected officials and of the staff of the Union, and refrain 
from trying to influence them in the performance of their work.
    (3) No elected official or any member of the staff of the 
Union shall participate in any manner or have any financial 
interest whatsoever in any enterprise concerned with 
telecommunications, except as part of their duties. However, 
the term ``financial interest'' is not to be construed as 
applying to the continuation of retirement benefits accruing in 
respect of previous employment or service.
    (4) In order to ensure the efficient operation of the 
Union, any Member State a national of which has been elected 
Secretary-General, Deputy Secretary-General or Director of a 
Bureau shall refrain, as far as possible, from recalling that 
national between two plenipotentiary conferences.
    2. The paramount consideration in the recruitment of staff 
and in the determination of the conditions of service shall be 
the necessity of securing for the Union the highest standards 
of efficiency, competence and integrity. Due regard shall be 
paid to the importance of recruiting the staff on as wide a 
geographical basis as possible.

                   Article 28--Finances of the Union

    1. The expenses of the Union shall comprise the costs of:
          (a) the Council;
          (b) the General Secretariat and the Sectors of the 
        Union;
          (c) Plenipotentiary Conferences and world conferences 
        on international telecommunications.
    2. The expenses of the Union shall be met from:
          (a) the contributions of its Member States and Sector 
        Members;
          (b) other revenues as identified in the Convention or 
        in the Financial Regulations.
    2bis. Each Member State and Sector Member shall pay a sum 
equivalent to the number of units in the class of contribution 
it has chosen in accordance with Nos. 160 to 161I below.
    2ter. Expenses incurred by the regional conferences 
referred to in No. 43 of this Constitution shall be borne:
          (a) by all the Member States of the region concerned, 
        in accordance with their class of contribution;
          (b) by any Member States of other regions which have 
        participated in such conferences, in accordance with 
        their class of contribution;
          (c) by authorized Sector Members and other authorized 
        organizations which have participated in such 
        conferences, in accordance with the provisions of the 
        Convention.
    3. (1) Member States and Sector Members shall be free to 
choose their class of contribution for defraying Union 
expenses.
    (2) The choice by Member States shall be made at a 
plenipotentiary conference in accordance with the scale of 
classes of contribution and conditions contained in the 
Convention and with the procedures described below.
    (3) The choice by Sector Members shall be made in 
accordance with the scale of classes of contribution and 
conditions contained in the Convention and with the procedures 
described below.
    3bis. (1) At its session preceding the plenipotentiary 
conference, the Council shall fix the provisional amount of the 
contributory unit, on the basis of the draft financial plan for 
the corresponding period and total number of contributory 
units.
    (2) The Secretary-General shall inform the Member States 
and Sector Members of the provisional amount of the 
contributory unit as determined under No. 161B above and invite 
the Member States to notify, no later than one week prior to 
the date set for the opening of the plenipotentiary conference, 
the class of contribution they have provisionally chosen.
    (3) The plenipotentiary conference shall, during its first 
week, determine the provisional upper limit of the amount of 
the contributory unit resulting from the steps taken by the 
Secretary-General in pursuance of Nos. 161B and 161C above, and 
taking account of any changes in class of contribution notified 
by Member States to the Secretary-General as well as classes of 
contribution remaining unchanged.
    (4) Bearing in mind the draft financial plan as revised, 
the plenipotentiary conference shall, as soon as possible, 
determine the definitive upper limit of the amount of the 
contributory unit and set the date, which shall be a date 
within the penultimate week of the plenipotentiary conference, 
by which Member States, upon invitation by the Secretary-
General, shall announce their definitive choice of class of 
contribution.
    (5) Member States which have failed to notify the 
Secretary-General of their decision by the date set by the 
plenipotentiary conference shall retain the class of 
contribution previously chosen.
    (6) The plenipotentiary conference shall then approve the 
definitive financial plan on the basis of the total number of 
contributory units corresponding to the definitive classes of 
contribution chosen by the Member States and classes of 
contribution of the Sector Members at the date on which the 
financial plan is approved.
    3ter. (1) The Secretary-General shall inform the Sector 
Members of the definitive upper limit of the amount of the 
contributory unit and invite them to notify, within three 
months from the closing date of the plenipotentiary conference, 
the class of contribution they have chosen.
    (2) Sector Members which have failed to notify the 
Secretary-General of their decision within this three-month 
period shall retain the class of contribution previously 
chosen.
    (3) Amendments to the scale of classes of contribution 
adopted by a plenipotentiary conference shall apply for the 
selection of the class of contribution during the following 
plenipotentiary conference.
    (4) The class of contribution chosen by a Member State or a 
Sector Member is applicable as of the first biennial budget 
after a plenipotentiary conference.
(SUP)
    5. When choosing its class of contribution, a Member State 
shall not reduce it by more than two classes of contribution 
and the Council shall indicate to it the manner in which the 
reduction shall be gradually implemented over the period 
between plenipotentiary conferences. However, under exceptional 
circumstances such as natural disasters necessitating 
international aid programmes, the Plenipotentiary Conference 
may authorize a greater reduction in the number of contributory 
units when so requested by a Member State which has established 
that it can no longer maintain its contribution at the class 
originally chosen.
    5bis. Under exceptional circumstances such as natural 
disasters necessitating international aid programmes, the 
Council may authorize a reduction in the number of contributory 
units when so requested by a Member State which has established 
that it can no longer maintain its contribution at the class 
originally chosen.
    5ter. Member States and Sector Members may at any time 
choose a class of contribution higher than the one already 
adopted by them.
(SUP)
    8. Member States and Sector Members shall pay in advance 
their annual contributory shares, calculated on the basis of 
the biennial budget approved by the Council as well as of any 
adjustment adopted by the Council.
    9. A Member State which is in arrears in its payments to 
the Union shall lose its right to vote as defined in Nos. 27 
and 28 of this Constitution for so long as the amount of its 
arrears equals or exceeds the amount of the contribution due 
for the two preceding years.
    10. Specific provisions governing the financial 
contributions by Sector Members and by other international 
organizations are contained in the Convention.

                         Article 29--Languages

    1. (1) The official and working languages of the Union 
shall be Arabic, Chinese, English, French, Russian and Spanish.
    (2) In accordance with the relevant decisions of the 
Plenipotentiary Conference, these languages shall be used for 
drawing up and publishing documents and texts of the Union, in 
versions equivalent in form and content, as well as for 
reciprocal interpretation during conferences and meetings of 
the Union.
    (3) In case of discrepancy or dispute, the French text 
shall prevail.
    2. When all participants in a conference or in a meeting so 
agree, discussions may be conducted in fewer languages than 
those mentioned above.

                     Article 30--Seat of the Union

    The seat of the Union shall be at Geneva.

                Article 31--Legal Capacity of the Union

    The Union shall enjoy in the territory of each of its 
Member States such legal capacity as may be necessary for the 
exercise of its functions and the fulfillment of its purposes.

 Article 32--General Rules of Conferences, Assemblies and Meetings of 
                               the Union

    1. The General Rules of conferences, assemblies and 
meetings of the Union adopted by the Plenipotentiary Conference 
shall apply to the preparation of conferences and assemblies 
and to the organization of the work and conduct of the 
discussions of conferences, assemblies and meetings of the 
Union, as well as to the election of Member States of the 
Council, of the Secretary-General, of the Deputy Secretary-
General, of the Directors of the Bureau of the Sectors and of 
the members of the Radio Regulations Board.
    2. Conferences, assemblies and the Council may adopt such 
rules as they consider to be essential in addition to those in 
Chapter II of the General Rules of conferences, assemblies and 
meetings of the Union. Such additional rules must, however, be 
compatible with this Constitution, the Convention and the 
aforesaid Chapter II; those adopted by conferences or 
assemblies shall be published as documents of the conference or 
assembly concerned.

     CHAPTER VI--General Provisions Relating to Telecommunications

     Article 33--The Right of the Public to Use the International 
                       Telecommunication Service

    Member States recognize the right of the public to 
correspond by means of the international service of public 
correspondence. The services, the charges and the safeguards 
shall be the same for all users in each category of 
correspondence without any priority or preference.

               Article 34--Stoppage of Telecommunications

    1. Member States reserve the right to stop, in accordance 
with their national law, the transmission of any private 
telegram which may appear dangerous to the security of the 
State or contrary to its laws, to public order or to decency, 
provided that they immediately notify the office of origin of 
the stoppage of any such telegram or any part thereof, except 
when such notification may appear dangerous to the security of 
the State.
    2. Member States also reserve the right to cut off, in 
accordance with their national law, any other private 
telecommunications which may appear dangerous to the security 
of the State or contrary to its laws, to public order or to 
decency.

                   Article 35--Suspension of Services

    Each Member State reserves the right to suspend the 
international telecommunication service, either generally or 
only for certain relations and/or for certain kinds of 
correspondence, outgoing, incoming or in transit, provided that 
it immediately notifies such action to each of the other Member 
States through the Secretary-General.

                       Article 36--Responsibility

    Member States accept no responsibility towards users of the 
international telecommunication services, particularly as 
regards claims for damages.

               Article 37--Secrecy of Telecommunications

    1. Member States agree to take all possible measures, 
compatible with the system of telecommunication used, with a 
view to ensuring the secrecy of international correspondence.
    2. Nevertheless, they reserve the right to communicate such 
correspondence to the competent authorities in order to ensure 
the application of their national laws or the execution of 
international conventions to which they are parties.

        Article 38--Establishment, Operation and Protection of 
              Telecommunication Channels and Installations

    1. Member States shall take such steps as may be necessary 
to ensure the establishment, under the best technical 
conditions, of the channels and installations necessary to 
carry on the rapid and uninterrupted exchange of international 
telecommunications.
    2. So far as possible, these channels and installations 
must be operated by the methods and procedures which practical 
operating experience has shown to be the best. They must be 
maintained in proper operating condition and kept abreast of 
scientific and technical progress.
    3. Member States shall safeguard these channels and 
installations within their jurisdiction.
    4. Unless other conditions are laid down by special 
arrangements, each Member State shall take such steps as may be 
necessary to ensure maintenance of those sections of 
international telecommunication circuits within its control.
    5. Member States recognize the necessity of taking 
practical measures to prevent the operation of electrical 
apparatus and installations of all kinds from disrupting the 
operation of telecommunication installations within the 
jurisdiction of other Member States.

               Article 39--Notification of Infringements

    In order to facilitate the application of the provisions of 
Article 6 of this Constitution, Member States undertake to 
inform and, as appropriate, assist one another with regard to 
infringements of the provisions of this Constitution, of the 
Convention and of the Administrative Regulations.

  Article 40--Priority of Telecommunications Concerning Safety of Life

    International telecommunication services must give absolute 
priority to all telecommunications concerning safety of life at 
sea, on land, in the air or in outer space, as well as to 
epidemiological telecommunications of exceptional urgency of 
the World Health Organization.

         Article 41--Priority of Government Telecommunications

    Subject to the provisions of Articles 40 and 46 of this 
Constitution, government telecommunications (see Annex to this 
Constitution, No. 1014) shall enjoy priority over other 
telecommunications to the extent practicable upon specific 
request by the originator.

               Article 42--Stoppage of Telecommunications

    Member States reserve for themselves, for the operating 
agencies recognized by them and for other agencies duly 
authorized to do so, the right to make special arrangements on 
telecommunication matters which do not concern Member States in 
general. Such arrangements, however, shall not be in conflict 
with the terms of this Constitution, of the Convention or of 
the Administrative Regulations, so far as concerns the harmful 
interference which their operation might cause to the radio 
services of other Member States, and in general so far as 
concerns the technical harm which their operation might cause 
to the operation of other telecommunication services of other 
Member States.

    Article 43--Regional Conferences, Arrangements and Organizations

    Member States reserve the right to convene regional 
conferences, to make regional arrangements and to form regional 
organizations, for the purpose of settling telecommunication 
questions which are susceptible of being treated on a regional 
basis. Such arrangements shall not be in conflict with either 
this Constitution or the Convention.

               CHAPTER VII--Special Provisions for Radio

      Article 44--Use of the Radio-Frequency Spectrum and of the 
           Geostationary-Satellite and Other Satellite Orbits

    1. Member States shall endeavour to limit the number of 
frequencies and the spectrum used to the minimum essential to 
provide in a satisfactory manner the necessary services. To 
that end, they shall endeavour to apply the latest technical 
advances as soon as possible.
    2. In using frequency bands for radio services, Member 
States shall bear in mind that radio frequencies and any 
associated orbits, including the geostationary-satellite orbit, 
are limited natural resources and that they must be used 
rationally, efficiently and economically, in conformity with 
the provisions of the Radio Regulations, so that countries or 
groups of countries may have equitable access to those orbits 
and frequencies, taking into account the special needs of the 
developing countries and the geographical situation of 
particular countries.

                    Article 45--Harmful Interference

    1. All stations, whatever their purpose, must be 
established and operated in such a manner as not to cause 
harmful interference to the radio services or communications of 
other Member States or of recognized operating agencies, or of 
other duly authorized operating agencies which carry on a radio 
service, and which operate in accordance with the provisions of 
the Radio Regulations.
    2. Each Member State undertakes to require the operating 
agencies which it recognizes and the other operating agencies 
duly authorized for this purpose to observe the provisions of 
No. 197 above.
    3. Further, the Member States recognize the necessity of 
taking all practicable steps to prevent the operation of 
electrical apparatus and installations of all kinds from 
causing harmful interference to the radio services or 
communications mentioned in No. 197 above.

                Article 46--Distress Calls and Messages

    Radio stations shall be obliged to accept, with absolute 
priority, distress calls and messages regardless of their 
origin, to reply in the same manner to such messages, and 
immediately to take such action in regard thereto as may be 
required.

      Article 47--False or Deceptive Distress, Urgency, Safety or 
                         Identification Signals

    Member States agree to take the steps required to prevent 
the transmission or circulation of false or deceptive distress, 
urgency, safety or identification signals, and to collaborate 
in locating and identifying stations under their jurisdiction 
transmitting such signals.

        Article 48--Installations for National Defence Services

    1. Member States retain their entire freedom with regard to 
military radio installations.
    2. Nevertheless, these installations must, so far as 
possible, observe statutory provisions relative to giving 
assistance in case of distress and to the measures to be taken 
to prevent harmful interference, and the provisions of the 
Administrative Regulations concerning the types of emission and 
the frequencies to be used, according to the nature of the 
service performed by such installations.
    3. Moreover, when these installations take part in the 
service of public correspondence or other services governed by 
the Administrative Regulations, they must, in general, comply 
with the regulatory provisions for the conduct of such 
services.

 CHAPTER VIII--Relations With the United Nations, Other International 
                  Organizations and Non-Member States

             Article 49--Relations With the United Nations

    The relationship between the United Nations and the 
International Telecommunication Union is defined in the 
Agreement concluded between these two organizations.

      Article 50--Relations With Other International Organizations

    In furtherance of complete international coordination on 
matters affecting telecommunication, the Union should cooperate 
with international organizations having related interests and 
activities.

              Article 51--Relations With Non-Member States

    Each Member State reserves for itself and for the 
recognized operating agencies the right to fix the conditions 
on which it admits telecommunications exchanged with a State 
which is not a Member State of the Union. If a 
telecommunication originating in the territory of such a State 
is accepted by a Member State, it must be transmitted and, in 
so far as it follows the telecommunication channels of a Member 
State, the obligatory provisions of this Constitution, of the 
Convention and of the Administrative Regulations and the usual 
charges shall apply to it.

                      CHAPTER IX--Final Provisions

            Article 52--Ratification, Acceptance or Approval

    1. This Constitution and the Convention shall be 
simultaneously ratified, accepted or approved by any signatory 
Member State, in accordance with its constitutional rules, in 
one single instrument. This instrument shall be deposited, in 
as short a time as possible, with the Secretary-General. The 
Secretary-General shall notify the Member States of each 
deposit of any such instrument.
    2. (1) During a period of two years from the date of entry 
into force of this Constitution and the Convention, a signatory 
Member State, even though it may not have deposited an 
instrument of ratification, acceptance or approval, in 
accordance with No. 208 above, shall enjoy the rights conferred 
on Member States in Nos. 25 to 28 of this Constitution.
    (2) From the end of a period of two years from the date of 
entry into force of this Constitution and the Convention, a 
signatory Member State which has not deposited an instrument of 
ratification, acceptance or approval, in accordance with No. 
208 above, shall no longer be entitled to vote at any 
conference of the Union, at any session of the Council, at any 
meeting of any of the Sectors of the Union, or during any 
consultation by correspondence conducted in accordance with the 
provisions of this Constitution and of the Convention until it 
has so deposited such an instrument. Its rights, other than 
voting rights, shall not be affected.
    3. After the entry into force of this Constitution and the 
Convention in accordance with Article 58 of this Constitution, 
an instrument of ratification, acceptance or approval, shall 
become effective on the date of its deposit with the Secretary-
General.

                         Article 53--Accession

    1. A Member State which is not a signatory to this 
Constitution and the Convention, or, subject to the provisions 
of Article 2 of this Constitution, any other State referred to 
in that Article, may accede to this Constitution and the 
Convention at any time. Such accession shall be made 
simultaneously in the form of one single instrument covering 
both this Constitution and the Convention.
    2. The instrument of accession shall be deposited with the 
Secretary-General, who shall notify the Member States of each 
deposit of any such instrument when it is received and shall 
forward to each of them a certified copy thereof.
    3. After the entry into force of this Constitution and the 
Convention in accordance with Article 58 of this Constitution, 
an instrument of accession shall become effective on the date 
of its deposit with the Secretary-General, unless otherwise 
specified therein.

                 Article 54--Administrative Regulations

    1. The Administrative Regulations, as specified in Article 
4 of this Constitution, are binding international instruments 
and shall be subject to the provisions of this Constitution and 
the Convention.
    2. Ratification, acceptance or approval of this 
Constitution and the Convention, or accession to these 
instruments, in accordance with Articles 52 and 53 of this 
Constitution, shall also constitute consent to be bound by the 
Administrative Regulations adopted by competent world 
conferences prior to the date of signature of this Constitution 
and the Convention. Such consent is subject to any reservation 
made at the time of signature of the Administrative Regulations 
or revisions thereof to the extent that the reservation is 
maintained at the time of deposit of the instrument of 
ratification, acceptance, approval or accession.
    2bis. The Administrative Regulations referred to in No. 216 
above shall remain in force, subject to such revisions as may 
be adopted in application of Nos. 89 and 146 of this 
Constitution and brought into force. Any revision of the 
Administrative Regulations, either partial or complete, shall 
enter into force on the date or dates specified therein only 
for the Member States which, prior to such date or dates, have 
notified the Secretary-General of their consent to be bound by 
that revision.
(SUP)
    3bis. A Member State shall notify its consent to be bound 
by a partial or complete revision of the Administrative 
Regulations by depositing with the Secretary-General an 
instrument of ratification, acceptance or approval of that 
revision or of accession thereto or by notifying the Secretary-
General of its consent to be bound by that revision.
    3ter. Any Member State may also notify the Secretary-
General that its ratification, acceptance or approval of, or 
accession to, amendments to this Constitution or the Convention 
in accordance with Article 55 of the Constitution or Article 42 
of the Convention shall constitute consent to be bound by any 
revision of the Administrative Regulations, either partial or 
complete, adopted by a competent conference prior to the 
signature of the said amendments to this Constitution or to the 
Convention.
    3quater. The notification referred to in No. 217B above 
shall be given at the time of the deposit by the Member State 
of its instrument of ratification, acceptance or approval of, 
or accession to, the amendments to this Constitution or to the 
Convention.
    3penter. Any revision of the Administrative Regulations 
shall apply provisionally, as from the date of entry into force 
of the revision, in respect of any Member State that has signed 
the revision and has not notified the Secretary-General of its 
consent to be bound in accordance with Nos. 217A and 217B 
above. Such provisional application only takes effect if the 
Member State in question did not oppose it at the time of 
signature of the revision.
    4. Such provisional application shall continue for a Member 
State until it notifies the Secretary-General of its decision 
concerning its consent to be bound by any such revision.
(SUP)
    5bis. If a Member State fails to notify the Secretary-
General of its decision concerning its consent to be bound 
under No. 218 above within thirty-six months following the date 
or dates of entry into force of the revision, that Member State 
shall be deemed to have consented to be bound by that revision.
    5ter. Any provisional application within the meaning of No. 
217D or any consent to be bound within the meaning of No. 221A 
shall be subject to any reservation as may have been made by 
the Member State concerned at the time of signature of the 
revision. Any consent to be bound within the meaning of Nos. 
216A, 217A, 217B and 218 above shall be subject to any 
reservation as may have been made by the Member State concerned 
at the time of signature of the Administrative Regulations or 
revision thereto, provided that it maintains the reservation 
when notifying the Secretary-General of its consent to be 
bound.
(SUP)
    7. The Secretary-General shall inform Member States 
promptly of any notification received pursuant to this Article.

         Article 55--Provisions for Amending this Constitution

    1. Any Member State may propose any amendment to this 
Constitution. Any such proposal shall, in order to ensure its 
timely transmission to, and consideration by, all the Member 
States, reach the Secretary General not later than eight months 
prior to the opening date fixed for the plenipotentiary 
conference. The Secretary General shall, as soon as possible, 
but not later than six months prior to the latter date, publish 
any such proposal for the information of all the Member States.
    2. Any proposed modification to any amendment submitted in 
accordance with No. 224 above may, however, be submitted at any 
time by a Member State or by its delegation at the 
plenipotentiary conference.
    3. The quorum required at any Plenary Meeting of the 
Plenipotentiary Conference for consideration of any proposal 
for amending this Constitution or modification thereto shall 
consist of more than one half of the delegations accredited to 
the Plenipotentiary Conference.
    4. To be adopted, any proposed modification to a proposed 
amendment as well as the proposal as a whole, whether or not 
modified, shall be approved, at a Plenary Meeting, by at least 
two-thirds of the delegations accredited to the Plenipotentiary 
Conference which have the right to vote.
    5. Unless specified otherwise in the preceding paragraphs 
of this Article, which shall prevail, the General Rules of 
conferences, assemblies and meetings of the Union shall apply.
    6. Any amendments to this Constitution adopted by a 
plenipotentiary conference shall, as a whole and in the form of 
one single amending instrument, enter into force at a date 
fixed by the conference between Member States having deposited 
before that date their instrument of ratification, acceptance 
or approval of, or accession to, both this Constitution and the 
amending instrument. Ratification, acceptance or approval of, 
or accession to, only a part of such an amending instrument 
shall be excluded.
    7. The Secretary-General shall notify all Member States of 
the deposit of each instrument of ratification, acceptance, 
approval or accession.
    8. After entry into force of any such amending instrument, 
ratification, acceptance, approval or accession in accordance 
with Articles 52 and 53 of this Constitution shall apply to the 
Constitution as amended.
    9. After entry into force of any such amending instrument, 
the Secretary-General shall register it with the Secretariat of 
the United Nations, in accordance with the provisions of 
Article 102 of the Charter of the United Nations. No. 241 of 
this Constitution shall also apply to any such amending 
instrument.

                   Article 56--Settlement of Disputes

    1. Member States may settle their disputes on questions 
relating to the interpretation or application of this 
Constitution, of the Convention or of the Administrative 
Regulations by negotiation, through diplomatic channels, or 
according to procedures established by bilateral or 
multilateral treaties concluded between them for the settlement 
of international disputes, or by any other method mutually 
agreed upon.
    2. If none of these methods of settlement is adopted, any 
Member State party to a dispute may have recourse to 
arbitration in accordance with the procedure defined in the 
Convention.
    3. The Optional Protocol on the Compulsory Settlement of 
Disputes Relating to this Constitution, to the Convention, and 
to the Administrative Regulations shall be applicable as 
between Member States parties to that Protocol.

    Article 57--Denunciation of this Constitution and the Convention

    1. Each Member State which has ratified, accepted, approved 
or acceded to this Constitution and the Convention shall have 
the right to denounce them. In such a case, this Constitution 
and the Convention shall be denounced simultaneously in one 
single instrument, by a notification addressed to the 
Secretary-General. Upon receipt of such notification, the 
Secretary-General shall advise the other Member States thereof.
    2. Such denunciation shall take effect at the expiration of 
a period of one year from the date of receipt of its 
notification by the Secretary-General.

            Article 58--Entry into Force and Related Matters

    1. This Constitution and the Convention, adopted by the 
Additional Plenipotentiary Conference (Geneva, 1992), shall 
enter into force on 1 July 1994 between Member States having 
deposited before that date their instrument of ratification, 
acceptance, approval or accession.
    2. Upon the date of entry into force specified in No. 238 
above, this Constitution and the Convention shall, as between 
Parties thereto, abrogate and replace the International 
Telecommunication Convention (Nairobi, 1982).
    3. In accordance with the provisions of Article 102 of the 
Charter of the United Nations, the Secretary-General of the 
Union shall register this Constitution and the Convention with 
the Secretariat of the United Nations.
    4. The original of this Constitution and the Convention 
drawn up in the Arabic, Chinese, English, French, Russian and 
Spanish languages shall remain deposited in the archives of the 
Union. The Secretary-General shall forward, in the languages 
requested, a certified true copy to each of the signatory 
Member States.
    5. In the event of any discrepancy among the various 
language versions of this Constitution and the Convention, the 
French text shall prevail.

   ANNEX--Definition of Certain Terms Used in this Constitution, the 
  Convention and the Administrative Regulations of the International 
                        Telecommunication Union

    For the purpose of the above instruments of the Union, the 
following terms shall have the meanings defined below:
    Member State: A State which is considered to be a Member of 
the International Telecommunication Union in application of 
Article 2 of this Constitution.
    Sector Member: An entity or organization authorized in 
accordance with Article 19 of the Convention to participate in 
the activities of a Sector.
    Administration: Any governmental department or service 
responsible for discharging the obligations undertaken in the 
Constitution of the International Telecommunication Union, in 
the Convention of the International Telecommunication Union and 
in the Administrative Regulations.
    Harmful Interference: Interference which endangers the 
functioning of a radionavigation service or of other safety 
services or seriously degrades, obstructs or repeatedly 
interrupts a radiocommunication service operating in accordance 
with the Radio Regulations.
    Public Correspondence: Any telecommunication which the 
offices and stations must, by reason of their being at the 
disposal of the public, accept for transmission.
    Delegation: The totality of the delegates and, should the 
case arise, any representatives, advisers, attaches, or 
interpreters sent by the same Member State.
    Each Member State shall be free to make up its delegation 
as it wishes. In particular, it may include in its delegation, 
inter alia, in the capacity of delegates, advisers or attaches, 
persons belonging to any entity or organization authorized in 
accordance with the relevant provisions of the Convention.
    Delegate: A person sent by the government of a Member State 
to a plenipotentiary conference, or a person representing a 
government or an administration of a Member State at another 
conference or at a meeting of the Union.
    Operating Agency: Any individual, company, corporation or 
governmental agency which operates a telecommunication 
installation intended for an international telecommunication 
service or capable of causing harmful interference with such a 
service.
    Recognized Operating Agency: Any operating agency, as 
defined above, which operates a public correspondence or 
broadcasting service and upon which the obligations provided 
for in Article 6 of this Constitution are imposed by the Member 
State in whose territory the head office of the agency is 
situated, or by the Member State which has authorized this 
operating agency to establish and operate a telecommunication 
service on its territory.
    Radiocommunication: Telecommunication by means of radio 
waves.
    Broadcasting Service: A radiocommunication service in which 
the transmissions are intended for direct reception by the 
general public. This service may include sound transmissions, 
television transmissions or other types of transmission.
    International Telecommunication Service: The offering of a 
telecommunication capability between telecommunication offices 
or stations of any nature that are in or belong to different 
countries.
    Telecommunication: Any transmission, emission or reception 
of signs, signals, writing, images and sounds or intelligence 
of any nature by wire, radio, optical or other electromagnetic 
systems.
    Telegram: Written matter intended to be transmitted by 
telegraphy for delivery to the addressee. This term also 
includes radiotelegrams unless otherwise specified.
    Government Telecommunications: Telecommunications 
originating with any:
    --Head of State;
    --Head of government or members of a government;
    --Commanders-in-Chief of military forces, land, sea or air;
    --diplomatic or consular agents;
    --the Secretary-General of the United Nations; Heads of the 
principal organs of the United Nations;
    --the International Court of Justice,
or replies to government telecommunications mentioned above.
    Private Telegrams: Telegrams other than government or 
service telegrams.
    Telegraphy: A form of telecommunication in which the 
transmitted information is intended to be recorded on arrival 
as a graphic document; the transmitted information may 
sometimes be presented in an alternative form or may be stored 
for subsequent use.
    Note: A graphic document records information in a permanent 
form and is capable of being filed and consulted; it may take 
the form of written or printed matter or of a fixed image.
    Telephony: A form of telecommunication primarily intended 
for the exchange of information in the form of speech.
b. Convention of the International Telecommunication Union, as amended 
                                  \1\

 Done at Geneva December, 22, 1992; Entered into force generally, July 
 1, 1994; Advise and consent of the Senate, October 23, 1997; Entered 
           into force for the United States, October 26, 1997

        Convention of the International Telecommunication Union

                  CHAPTER I--Functioning of the Union

                               Section 1

                 Article 1--Plenipotentiary Conference

    1. (1) The Plenipotentiary Conference shall be convened in 
accordance with the relevant provisions of Article 8 of the 
Constitution of the International Telecommunication Union 
(hereinafter referred to as ``the Constitution'').
---------------------------------------------------------------------------
    \1\ For states that are parties to the Convention, see Department 
of State publication, Treaties in Force. The Convention was amended at 
Kyoto, October 14, 1994; at Minneapolis, 1998, and at Marrakesh, 2002.
---------------------------------------------------------------------------
    (2) If practicable, the precise place and the exact dates 
of a plenipotentiary conference shall be set by the preceding 
plenipotentiary conference; failing this, they shall be fixed 
by the Council with the concurrence of the majority of the 
Member States.
    2. (1) The precise place and the exact dates of the next 
Plenipotentiary Conference, or either one of these, may be 
changed:
          (a) when at least one-quarter of the Member States 
        have individually proposed a change to the Secretary-
        General; or
          (b) on a proposal of the Council.
    (2) Any such change shall require the concurrence of a 
majority of the Member States.

                Article 2--Elections and Related Matters

                              The Council

    1. Except in the case of vacancies arising in the 
circumstances described in Nos. 10 to 12 below, the Member 
States elected to the Council shall hold office until the date 
on which a new Council is elected. They shall be eligible for 
reelection.
    2. (1) If, between two plenipotentiary conferences, a seat 
becomes vacant on the Council, it shall pass by right to the 
Member State from the same region as the Member State whose 
seat is vacated which had obtained at the previous election the 
largest number of votes among those not elected.
    (2) When for any reason a vacant seat cannot be filled 
according to the procedure of No. 8 above, the Chairman of the 
Council shall invite the other Member States of the region to 
seek election within one month of such an invitation being 
issued. At the end of this period, the Chairman of the Council 
shall invite Member States to elect a new Member State of the 
Council. The election shall be carried out by secret ballot by 
correspondence. The same majority as indicated above will be 
required. The new Member State of the Council shall hold office 
until the election of the new Council by the next competent 
plenipotentiary conference.
    3. A seat on the Council shall be considered vacant:
          (a) when a Member State of the Council does not have 
        a representative in attendance at two consecutive 
        ordinary sessions of the Council;
          (b) when a Member State resigns its membership of the 
        Council.

                           Elected officials

    1. The Secretary-General, the Deputy Secretary-General and 
the Directors of the Bureau shall take up their duties on the 
dates determined by the Plenipotentiary Conference at the time 
of their election. They shall normally remain in office until 
dates determined by the following Plenipotentiary Conference, 
and they shall be eligible for re-election once only.
    2. If the post of Secretary-General falls vacant, the 
Deputy Secretary-General shall succeed to it and shall remain 
in office until a date determined by the following 
Plenipotentiary Conference. When under these conditions the 
Deputy Secretary-General succeeds to the office of the 
Secretary-General, the post of Deputy Secretary-General shall 
be considered to fall vacant on that same date and the 
provisions of No. 15 below shall be applied.
    3. If the post of Deputy Secretary-General falls vacant 
more than 180 days prior to the date set for the convening of 
the next Plenipotentiary Conference, the Council shall appoint 
a successor for the balance of the term.
    4. If the posts of the Secretary-General and the Deputy 
Secretary-General fall vacant simultaneously, the Director who 
has been longest in office shall discharge the duties of 
Secretary-General for a period not exceeding 90 days. The 
Council shall appoint a Secretary-General and, if the vacancies 
occur more than 180 days prior to the date set for the 
convening of the next Plenipotentiary Conference, a Deputy 
Secretary-General. An official thus appointed by the Council 
shall serve for the balance of the term for which his 
predecessor was elected.
    5. If the post of a Director becomes unexpectedly vacant, 
the Secretary-General shall take the necessary steps to ensure 
that the duties of that Director are carried out until the 
Council shall appoint a new Director at its next ordinary 
session following the occurrence of such a vacancy. A Director 
so appointed shall serve until the date fixed by the next 
Plenipotentiary Conference.
    6. Subject to the relevant provisions of Article 27 of the 
Constitution, the Council shall provide for the filling of any 
vacancy in the post of Secretary-General or Deputy Secretary-
General in the situation described in the relevant provisions 
of the present Article at an ordinary session, if held within 
90 days after a vacancy occurs, or at a session convened by the 
Chairman within the periods specified in those provisions.
    7. Any period of service in the post of an elected official 
pursuant to an appointment under Nos. 14 to 18 above shall not 
affect eligibility for election or re-election to such a post.

                 Members of the Radio Regulations Board

    1. The members of the Radio Regulations Board shall take up 
their duties on the dates determined by the Plenipotentiary 
Conference at the time of their election. They shall remain in 
office until dates determined by the following Plenipotentiary 
Conference, and shall be eligible for re-election once only.
    2. If, in the interval between two plenipotentiary 
conferences, a member of the Board resigns or is no longer in a 
position to perform his duties, the Secretary-General, in 
consultation with the Director of the Radiocommunication 
Bureau, shall invite the Member States of the region concerned 
to propose candidates for the election of a replacement at the 
next session of the Council. However, if the vacancy occurs 
more than 90 days before a session of the Council or after the 
session of the Council preceding the next plenipotentiary 
conference, the Member State concerned shall designate, as soon 
as possible and within 90 days, another national as a 
replacement who will remain in office until the new member 
elected by the Council takes office or until the new members of 
the Board elected by the next plenipotentiary conference take 
office, as appropriate. The replacement shall be eligible for 
election by the Council or by the Plenipotentiary Conference, 
as appropriate.
    3. A member of the Radio Regulations Board is considered no 
longer in a position to perform his duties after three 
consecutive absences from the Board meetings. The Secretary-
General shall, after consultation with the Board's Chairman as 
well as the member of the Board and the Member State concerned, 
declare existence of a vacancy in the Board and shall proceed 
as stipulated in No. 21 above.

           Article 3--PP-98 Other Conferences and Assemblies

    1. In conformity with the relevant provisions of the 
Constitution, the following world conferences and assemblies of 
the Union shall normally be convened within the period between 
two plenipotentiary conferences:
          (a) one or two world radiocommunication conferences;
          (b) one world telecommunication standardization 
        assembly;
          (c) one world telecommunication development 
        conference;
          (d) one or two radiocommunication assemblies.
    2. Exceptionally, within the period between Plenipotentiary 
Conferences:
(SUP)
    --an additional world telecommunication standardization 
assembly may be convened.
    3. These actions shall be taken:
          (a) by a decision of a Plenipotentiary Conference;
          (b) on the recommendation of the previous world 
        conference or assembly of the Sector concerned, if 
        approved by the Council; in the case of a 
        radiocommunication assembly, the recommendation of the 
        assembly shall be transmitted to the following world 
        radiocommunication conference for comments for the 
        attention of the Council;
          (c) at the request of at least one-quarter of the 
        Member States, which shall individually address their 
        requests to the Secretary-General; or
          (d) on a proposal of the Council.
    4. A regional radiocommunication conference shall be 
convened:
          (a) by a decision of a Plenipotentiary Conference;
          (b) on the recommendation of a previous world or 
        regional radiocommunication conference if approved by 
        the Council;
          (c) at the request of at least one-quarter of the 
        Member States belonging to the region concerned, which 
        shall individually address their requests to the 
        Secretary-General; or
          (d) on a proposal of the Council.
    5. (1) The precise place and the exact dates of a world or 
regional conference or an assembly of a Sector may be fixed by 
a plenipotentiary conference.
    (2) In the absence of such a decision, the Council shall 
determine the precise place and the exact dates of a world 
conference or an assembly of a Sector with the concurrence of a 
majority of the Member States, and of a regional conference 
with the concurrence of a majority of the Member States 
belonging to the region concerned; in both cases the provisions 
of No. 47 below shall apply.
    6. (1) The precise place and the exact dates of a 
conference or assembly may be changed:
          (a) at the request of at least one-quarter of the 
        Member States in the case of a world conference or an 
        assembly of a Sector, or of at least one-quarter of the 
        Member States belonging to the region concerned in the 
        case of a regional conference. Their requests shall be 
        addressed individually to the Secretary-General, who 
        shall transmit them to the Council for approval; or
          (b) on a proposal of the Council.
    (2) In the cases specified in Nos. 44 and 45 above, the 
changes proposed shall not be finally adopted until accepted by 
a majority of the Member States, in the case of a world 
conference or an assembly of a Sector, or by a majority of the 
Member States belonging to the region concerned, in the case of 
a regional conference, subject to the provisions of No. 47 
below.
    7. In the consultations referred to in Nos. 42, 46, 118, 
123 and 138 of this Convention and in Nos. 26, 28, 29, 31 and 
36 of the General Rules of conferences, assemblies and meetings 
of the Union, Member States which have not replied within the 
time-limits specified by the Council shall be regarded as not 
participating in the consultations, and in consequence shall 
not be taken into account in computing the majority. If the 
number of replies does not exceed one-half of the Member States 
consulted, a further consultation shall take place, the results 
of which shall be decisive regardless of the number of votes 
cast.
    8. (1) World conferences on international 
telecommunications shall be held upon decision by the 
Plenipotentiary Conference.
    (2) The provisions for the convening of, the adoption of 
the agenda of, and the participation in a world 
radiocommunication conference shall, as appropriate, equally 
apply to world conferences on international telecommunications.

                               Section 2

                         Article 4--The Council

    1. (1) The number of Member States of the Council shall be 
determined by the Plenipotentiary Conference which is held 
every four years.
    (2) This number shall not exceed 25% of the total number of 
Member States.
    2. (1) The Council shall hold an ordinary session annually 
at the seat of the Union.
    (2) During this session it may decide to hold, 
exceptionally, an additional session.
    (3) Between ordinary sessions, it may be convened, as a 
general rule at the seat of the Union, by the Chairman at the 
request of a majority of its Member States, or on the 
initiative of the Chairman under the conditions provided for in 
No. 18 of this Convention.
    3. The Council shall take decisions only in session. 
Exceptionally, the Council in session may agree that any 
specific issue shall be decided by correspondence.
    4. At the beginning of each ordinary session, the Council 
shall elect its own Chairman and Vice-Chairman from among the 
representatives of its Member States, taking into account the 
principle of rotation between the regions. They shall serve 
until the opening of the next ordinary session and shall not be 
eligible for re-election. The Vice-Chairman shall serve as 
Chairman in the absence of the latter.
    5. The person appointed to serve on the Council by a Member 
State of the Council shall, so far as possible, be an official 
serving in, or directly responsible to, or for, their 
telecommunication administration and qualified in the field of 
telecommunication services.
    6. Only the travelling, subsistence and insurance expenses 
incurred by the representative of each Member State of the 
Council, belonging to the category of developing countries, the 
list of which is established by the United Nations Development 
Programme, in that capacity at Council sessions, shall be borne 
by the Union.
    7. The representative of each Member State of the Council 
shall have the right to attend, as an observer, all meetings of 
the Sectors of the Union.
    8. The Secretary-General shall act as Secretary of the 
Council.
    9. The Secretary-General, the Deputy Secretary-General and 
the Directors of the Bureau may participate as of right in the 
deliberations of the Council, but without taking part in the 
voting. Nevertheless, the Council may hold meetings confined to 
the representatives of its Member States.
    9bis. A Member State which is not a Member State of the 
Council may, with prior notice to the Secretary General, send 
one observer at its own expense to meetings of the Council, its 
committees and its working groups. An observer shall not have 
the right to vote.
    9ter. Sector Members may be represented as observers at 
meetings of the Council, its committees and its working groups, 
subject to the conditions established by the Council, including 
conditions relating to the number of such observers and the 
procedures for appointing them.
    10. The Council shall consider each year the report 
prepared by the Secretary-General on implementation of the 
strategic plan adopted by the Plenipotentiary Conference and 
shall take appropriate action.
    10bis. While at all times respecting the financial limits 
as adopted by the Plenipotentiary Conference, the Council may, 
as necessary, review and update the strategic plan which forms 
the basis of the corresponding operational plans and inform the 
Member States and Sector Members accordingly.
    10ter. The Council shall adopt its own Rules of Procedure.
    11. The Council shall, in the interval between two 
Plenipotentiary Conferences, supervise the overall management 
and administration of the Union; it shall in particular:
          (1) receive and review the specific data for 
        strategic planning that is provided by the Secretary-
        General as noted in No. 74A of the Constitution and, in 
        the last but one ordinary session of the Council before 
        the next plenipotentiary conference, initiate the 
        preparation of a draft new strategic plan for the 
        Union, drawing upon input from Member States, Sector 
        Members and the Sector advisory groups, and produce a 
        coordinated draft new strategic plan at least four 
        months before that plenipotentiary conference;
          (1bis) establish a calendar for the development of 
        strategic and financial plans for the Union, and of 
        operational plans for each Sector and for the General 
        Secretariat, so as to allow for the development of 
        appropriate linkage among the plans;
          (1ter) approve and revise the Staff Regulations and 
        the Financial Regulations of the Union and any other 
        regulations as it may consider necessary, taking 
        account of current practice of the United Nations and 
        of the specialized agencies applying the common system 
        of pay, allowances and pensions;
          (2) adjust as necessary:
                  (a) the basic salary scales for staff in the 
                professional and higher categories, excluding 
                the salaries for posts filled by election, to 
                accord with any changes in the basic salary 
                scales adopted by the United Nations for the 
                corresponding common system categories;
                  (b) the basic salary scales for staff in the 
                general services categories to accord with 
                changes in the rates applied by the United 
                Nations and the specialized agencies at the 
                seat of the Union;
                  (c) the post adjustment for professional and 
                higher categories, including posts filled by 
                election, in accordance with decisions of the 
                United Nations for application at the seat of 
                the Union;
                  (d) the allowances for all staff of the 
                Union, in accordance with any changes adopted 
                in the United Nations common system;
          (3) take decisions to ensure equitable geographical 
        distribution and representation of women in the 
        Professional and higher categories in the staff of the 
        Union and monitor the implementation of such decisions;
          (4) decide on proposals for major organizational 
        changes within the General Secretariat and the Bureau 
        of the Sectors of the Union consistent with the 
        Constitution and this Convention, submitted to it by 
        the Secretary-General following their consideration by 
        the Coordination Committee;
          (5) examine and decide on plans concerning Union 
        posts and staff and human resources development 
        programmes covering several years, and give guidelines 
        for the staffing of the Union, including on staffing 
        levels and structures, taking into account the 
        guidelines given by the Plenipotentiary Conference and 
        the relevant provisions of Article 27 of the 
        Constitution;
          (6) adjust, as necessary, the contributions payable 
        by the Union and its staff to the United Nations Joint 
        Staff Pension Fund, in accordance with the Fund's rules 
        and regulations, as well as the cost of living 
        allowances to be granted to beneficiaries of the Union 
        Staff Superannuation and Benevolent Funds on the basis 
        of the practice followed by the Fund;
          (7) review and approve the biennial budget of the 
        Union, and consider the budget forecast (included in 
        the financial operating report prepared by the 
        Secretary-General under No. 101 of this Convention) for 
        the two-year period following a given budget period, 
        taking account of the decisions of the Plenipotentiary 
        Conference in relation to No. 50 of the Constitution 
        and of the financial limits set by the Plenipotentiary 
        Conference in accordance with No. 51 of the 
        Constitution; it shall ensure the strictest possible 
        economy but be mindful of the obligation upon the Union 
        to achieve satisfactory results as expeditiously as 
        possible. In so doing, the Council shall take into 
        account the priorities established by the 
        Plenipotentiary Conference as expressed in the 
        strategic plan for the Union, the views of the 
        Coordination Committee as contained in the report by 
        the Secretary General mentioned in No. 86 of this 
        Convention and the financial operating report mentioned 
        in No. 101 of this Convention;
          (8) arrange for the annual audit of the accounts of 
        the Union prepared by the Secretary-General and approve 
        them, if appropriate, for submission to the next 
        Plenipotentiary Conference;
          (9) arrange for the convening of the conferences and 
        assemblies of the Union and provide, with the consent 
        of a majority of the Member States in the case of a 
        world conference or assembly, or of a majority of the 
        Member States belonging to the region concerned in the 
        case of a regional conference, appropriate directives 
        to the General Secretariat and the Sectors of the Union 
        with regard to their technical and other assistance in 
        the preparation for and organization of conferences and 
        assemblies;
          (10) take decisions in relation to No. 28 of this 
        Convention;
          (11) decide upon the implementation of any decisions 
        which have been taken by conferences and which have 
        financial implications;
          (12) to the extent permitted by the Constitution, 
        this Convention and the Administrative Regulations, 
        take any other action deemed necessary for the proper 
        functioning of the Union;
          (13) take any necessary steps, with the agreement of 
        a majority of the Member States, provisionally to 
        resolve questions not covered by the Constitution, this 
        Convention and the Administrative Regulations and which 
        cannot await the next competent conference for 
        settlement;
          (14) be responsible for effecting the coordination 
        with all international organizations referred to in 
        Articles 49 and 50 of the Constitution and to this end, 
        conclude, on behalf of the Union, provisional 
        agreements with the international organizations 
        referred to in Article 50 of the Constitution and in 
        Nos. 260 and 261 of the Convention, and with the United 
        Nations in application of the Agreement between the 
        United Nations and the International Telecommunication 
        Union; these provisional agreements shall be submitted 
        to the Plenipotentiary Conference in accordance with 
        the relevant provision of Article 8 of the 
        Constitution;
          (15) send to Member States, within 30 days after each 
        of its sessions, summary records on the activities of 
        the Council and other documents deemed useful;
          (16) submit to the Plenipotentiary Conference a 
        report on the activities of the Union since the 
        previous Plenipotentiary Conference and any appropriate 
        recommendations.

                               Section 3

                     Article 5--General Secretariat

    1. The Secretary-General shall:
          (a) be responsible for the overall management of the 
        Union's resources; he may delegate the management of 
        part of these resources to the Deputy Secretary-General 
        and the Directors of the Bureau, in consultation as 
        necessary with the Coordination Committee;
          (b) coordinate the activities of the General 
        Secretariat and the Sectors of the Union, taking into 
        account the views of the Coordination Committee, with a 
        view to assuring the most effective and economical use 
        of the resources of the Union;
          (c) prepare, with the assistance of the Coordination 
        Committee, and submit to the Council a report 
        indicating changes in the telecommunication environment 
        since the last plenipotentiary conference and 
        containing recommended action relating to the Union's 
        future policies and strategy, together with their 
        financial implications;
          (cbis) coordinate implementation of the strategic 
        plan adopted by the Plenipotentiary Conference and 
        prepare an annual report on this implementation for 
        review by the Council;
          (d) organize the work of the General Secretariat and 
        appoint the staff of that Secretariat in accordance 
        with the directives of the Plenipotentiary Conference 
        and the rules established by the Council;
          (dbis) prepare annually a four-year rolling 
        operational plan of activities to be undertaken by the 
        staff of the General Secretariat consistent with the 
        strategic plan, covering the subsequent year and the 
        following three-year period, including financial 
        implications, taking due account of the financial plan 
        as approved by the plenipotentiary conference; this 
        four-year operational plan shall be reviewed by the 
        advisory groups of all three Sectors, and shall be 
        reviewed and approved annually by the Council;
          (e) undertake administrative arrangements for the 
        Bureau of the Sectors of the Union and appoint their 
        staff on the basis of the choice and proposals of the 
        Director of the Bureau concerned, although the final 
        decision for appointment or dismissal shall rest with 
        the Secretary-General;
          (f) report to the Council any decisions taken by the 
        United Nations and the specialized agencies which 
        affect common system conditions of service, allowances 
        and pensions;
          (g) ensure the application of any regulations adopted 
        by the Council;
          (h) provide legal advice to the Union;
          (i) supervise, for administrative management 
        purposes, the staff of the Union with a view to 
        assuring the most effective use of personnel and the 
        application of the common system conditions of 
        employment for the staff of the Union. The staff 
        appointed to assist directly the Directors of the 
        Bureau shall be under the administrative control of the 
        Secretary-General and shall work under the direct 
        orders of the Directors concerned but in accordance 
        with administrative guidelines given by the Council;
          (j) in the interest of the Union as a whole and in 
        consultation with the Directors of the Bureau 
        concerned, temporarily reassign staff members from 
        their appointed position as necessary to meet 
        fluctuating work requirements at headquarters;
          (k) make, in agreement with the Director of the 
        Bureau concerned, the necessary administrative and 
        financial arrangements for the conferences and meetings 
        of each Sector;
          (l) taking into account the responsibilities of the 
        Sectors, undertake appropriate secretariat work 
        preparatory to and following conferences of the Union;
          (m) prepare recommendations for the first meeting of 
        the Heads of delegations referred to in No. 342 of this 
        Convention), taking into account the results of any 
        regional consultation;
          (n) provide, where appropriate in cooperation with 
        the inviting government, the secretariat of conferences 
        of the Union, and provide the facilities and services 
        for meetings of the Union, in collaboration, as 
        appropriate, with the Director concerned, drawing from 
        the Union's staff as he deems necessary in accordance 
        with No. 93 above. The Secretary-General may also, when 
        so requested, provide the secretariat of other 
        telecommunication meetings on a contractual basis;
          (o) take necessary action for the timely publication 
        and distribution of service documents, information 
        bulletins, and other documents and records prepared by 
        the General Secretariat and the Sectors, communicated 
        to the Union or whose publication is requested by 
        conferences or the Council; the list of documents to be 
        published shall be maintained by the Council, following 
        consultation with the conference concerned, with 
        respect to service documents and other documents whose 
        publication is requested by conferences;
          (p) publish periodically, with the help of 
        information put at his disposal or which he may 
        collect, including that which he may obtain from other 
        international organizations, a journal of general 
        information and documentation concerning 
        telecommunication;
          (q) after consultation with the Coordination 
        Committee and making all possible economies, prepare 
        and submit to the Council a biennial draft budget 
        covering the expenditures of the Union, taking account 
        of the financial limits laid down by the 
        Plenipotentiary Conference. This draft shall consist of 
        a consolidated budget, including cost-based budgets for 
        the three Sectors, prepared in accordance with the 
        budget guidelines issued by the Secretary-General, and 
        comprising two versions. One version shall be for zero 
        growth of the contributory unit, the other for a growth 
        less than or equal to any limit fixed by the 
        Plenipotentiary Conference, after any drawing on the 
        Reserve Account. The budget resolution, after approval 
        by the Council, shall be sent for information to all 
        Member States;
          (r) with the assistance of the Coordination 
        Committee, prepare an annual financial operating report 
        in accordance with the Financial Regulations and submit 
        it to the Council. A recapitulative financial operating 
        report and accounts shall be prepared and submitted to 
        the next Plenipotentiary Conference for examination and 
        final approval;
          (s) with the assistance of the Coordination 
        Committee, prepare an annual report on the activities 
        of the Union which, after approval by the Council, 
        shall be sent to all Member States;
          (sbis) manage the special arrangements referred to in 
        No. 76A of the Constitution, the cost of this 
        management being borne by the signatories of the 
        arrangement in a manner agreed between them and the 
        Secretary-General.
          (t) perform all other secretarial functions of the 
        Union;
          (u) perform any other functions entrusted to him by 
        the Council.
    2. The Secretary-General or the Deputy Secretary-General 
may participate, in a consultative capacity, in conferences of 
the Union; the Secretary-General or his representative may 
participate in a consultative capacity in all other meetings of 
the Union.

                               Section 4

                   Article 6--Coordination Committee

    1. (1) The Coordination Committee shall assist and advise 
the Secretary-General on all matters mentioned under the 
relevant provisions of Article 26 of the Constitution and the 
relevant Articles of this Convention.
    (2) The Committee shall be responsible for ensuring 
coordination with all the international organizations mentioned 
in Articles 49 and 50 of the Constitution as regards 
representation of the Union at conferences of such 
organizations.
    (3) The Committee shall examine the progress of the work of 
the Union and assist the Secretary-General in the preparation 
of the report referred to in No. 86 of this Convention for 
submission to the Council.
    2. The Committee shall endeavour to reach conclusions 
unanimously. In the absence of the support of the majority in 
the Committee, its Chairman may in exceptional circumstances 
take decisions, on the Chairman's own responsibility, when 
judging that the decision of the matters in question is urgent 
and cannot await the next session of the Council. In such 
circumstances the Chairman shall report promptly in writing on 
such matters to the Member States of the Council, setting forth 
the reasons for such action together with any other written 
views submitted by other members of the Committee. If in such 
circumstances the matters are not urgent, but nevertheless 
important, they shall be submitted for consideration by the 
next session of the Council.
    3. The Chairman shall convene the Committee at least once a 
month; the Committee may also be convened when necessary at the 
request of two of its members.
    4. A report shall be made of the proceedings of the 
Coordination Committee and will be made available on request to 
Member States of the Council.

                               Section 5

             Article 7--World Radiocommunication Conference

    1. In accordance with No. 90 of the Constitution, a world 
radiocommunication conference shall be convened to consider 
specific radiocommunication matters. A world radiocommunication 
conference shall deal with those items which are included in 
its agenda adopted in accordance with the relevant provisions 
of this Article.
    2. (1) The agenda of a world radiocommunication conference 
may include:
          (a) the partial or, exceptionally, complete revision 
        of the Radio Regulations referred to in Article 4 of 
        the Constitution;
          (b) any other question of a worldwide character 
        within the competence of the conference;
          (c) an item concerning instructions to the Radio 
        Regulations Board and the Radiocommunication Bureau 
        regarding their activities, and a review of those 
        activities;
          (d) the identification of topics to be studied by the 
        radiocommunication assembly and the radiocommunication 
        study groups, as well as matters that the assembly 
        shall consider in relation to future radiocommunication 
        conferences.
    (2) The general scope of this agenda should be established 
four to six years in advance, and the final agenda shall be 
established by the Council preferably two years before the 
conference, with the concurrence of a majority of the Member 
States, subject to the provisions of No. 47 of this Convention. 
These two versions of the agenda shall be established on the 
basis of the recommendations of the world radiocommunication 
conference, in accordance with No. 126 of this Convention.
    (3) This agenda shall include any question which a 
Plenipotentiary Conference has directed to be placed on the 
agenda.
    3. (1) This agenda may be changed:
          (a) at the request of at least one-quarter of the 
        Member States. Such requests shall be addressed 
        individually to the Secretary-General, who shall 
        transmit them to the Council for approval; or
          (b) on a proposal of the Council.
    (2) The proposed changes to the agenda of a world 
radiocommunication conference shall not be finally adopted 
until accepted by a majority of the Member States, subject to 
the provisions of No. 47 of this Convention.
    4. The conference shall also:
          (1) consider and approve the report of the Director 
        of the Bureau on the activities of the Sector since the 
        last conference;
          (2) recommend to the Council items for inclusion in 
        the agenda of a future conference and give its views on 
        such agendas for at least a four-year cycle of 
        radiocommunication conferences, together with an 
        estimate of the financial implications;
          (3) include, in its decisions, instructions or 
        requests, as appropriate, to the Secretary-General and 
        the Sectors of the Union.
    5. The Chairman and Vice-Chairmen of the radiocommunication 
assembly, or of relevant study groups, may participate in the 
associated world radiocommunication conference.

                 Article 8--Radiocommunication Assembly

    1. A radiocommunication assembly shall deal with and issue, 
as appropriate, recommendations on questions adopted pursuant 
to its own procedures or referred to it by the Plenipotentiary 
Conference, any other conference, the Council or the Radio 
Regulations Board.
    1bis. The radiocommunication assembly is authorized to 
adopt the working methods and procedures for the management of 
the Sector's activities in accordance with No. 145A of the 
Constitution.
    2. With regard to No. 129 above, the radiocommunication 
assembly shall:
          (1) consider the reports of study groups prepared in 
        accordance with No. 157 of this Convention and approve, 
        modify or reject the draft recommendations contained in 
        those reports, and consider the reports of the 
        radiocommunication advisory group prepared in 
        accordance with No. 160H of this Convention;
          (2) bearing in mind the need to keep the demands on 
        the resources of the Union to a minimum, approve the 
        programme of work arising from the review of existing 
        questions and new questions and determine the priority, 
        urgency, estimated financial implications and time-
        scale for the completion of their study;
          (3) decide, in the light of the approved programme of 
        work derived from No. 132 above, on the need to 
        maintain, terminate or establish study groups, and 
        allocate to each of them the questions to be studied;
          (4) group questions of interest to the developing 
        countries as far as possible, in order to facilitate 
        their participation in the study of those questions;
          (5) give advice on matters within its competence in 
        response to requests from a world radiocommunication 
        conference;
          (6) report to the following world radiocommunication 
        conference on the progress in matters that may be 
        included in the agenda of future radiocommunication 
        conferences.
          (7) decide on the need to maintain, terminate or 
        establish other groups and appoint their chairmen and 
        vice-chairmen;
          (8) establish the terms of reference for the groups 
        referred to in No. 136A above; such groups shall not 
        adopt questions or recommendations.
    3. A radiocommunication assembly shall be presided over by 
a person designated by the government of the country in which 
the meeting is held or, in the case of a meeting held at the 
seat of the Union, by a person elected by the assembly itself. 
The Chairman shall be assisted by Vice-Chairmen elected by the 
assembly.
    4. A radiocommunication assembly may assign specific 
matters within its competence, except those relating to the 
procedures contained in the Radio Regulations, to the 
radiocommunication advisory group indicating the action 
required on those matters.

           Article 9--Regional Radiocommunication Conferences

    The agenda of a regional radiocommunication conference may 
provide only for specific radiocommunication questions of a 
regional nature, including instructions to the Radio 
Regulations Board and the Radiocommunication Bureau regarding 
their activities in respect of the region concerned, provided 
such instructions do not conflict with the interests of other 
regions. Only items included in its agenda may be discussed by 
such a conference. The provisions contained in Nos. 118 to 123 
of this Convention shall apply to a regional radiocommunication 
conference, but only with regard to the Member States of the 
region concerned.

                  Article 10--Radio Regulations Board

(SUP)
    2. In addition to the duties specified in Article 14 of the 
Constitution, the Board shall:
          (1) consider reports from the Director of the 
        Radiocommunication Bureau on investigations of harmful 
        interference carried out at the request of one or more 
        of the interested administrations, and formulate 
        recommendations with respect thereto;
          (2) also, independently of the Radiocommunication 
        Bureau, at the request of one or more of the interested 
        administrations, consider appeals against decisions 
        made by the Radiocommunication Bureau regarding 
        frequency assignments.
    3. The members of the Board shall participate, in an 
advisory capacity, in radiocommunication conferences. In this 
case, they shall not participate in these conferences as 
members of their national delegations.
    3bis. Two members of the Board, designated by the Board, 
shall participate, in an advisory capacity, in plenipotentiary 
conferences and radiocommunication assemblies. In these cases, 
the two members designated by the Board shall not participate 
in these conferences or assemblies as members of their national 
delegations.
    4. Only the travelling, subsistence and insurance expenses 
incurred by the members of the Board in the exercise of their 
duties for the Union shall be borne by the Union.
    4bis. The members of the Board shall, while in the exercise 
of their duties for the Union, as specified in the Constitution 
and Convention, or while on mission for the Union, enjoy 
functional privileges and immunities equivalent to those 
granted to the elected officials of the Union by each Member 
State, subject to the relevant provisions of the national 
legislation or other applicable legislation in each Member 
State. Such functional privileges and immunities are granted to 
members of the Board for the purposes of the Union and not for 
their personal advantage. The Union may and shall withdraw the 
immunity granted to a member of the Board whenever it considers 
that such immunity is contrary to the orderly administration of 
justice and its withdrawal is not prejudicial to the interests 
of the Union.
    5. The working methods of the Board shall be as follows:
          (1) The members of the Board shall elect from their 
        own members a Chairman and a Vice-Chairman for a period 
        of one year. Thereafter the Vice-Chairman shall succeed 
        the Chairman each year and a new Vice-Chairman shall be 
        elected. In the absence of the Chairman and Vice-
        Chairman, the Board shall elect a temporary Chairman 
        for the occasion from among its members.
          (2) The Board shall normally hold up to four meetings 
        a year, of up to five days' duration, generally at the 
        seat of the Union, at which at least two-thirds of its 
        members shall be present, and may carry out its duties 
        using modern means of communication. However, if the 
        Board deems necessary, depending upon the matters to be 
        considered, it may increase the number of its meetings. 
        Exceptionally, the meetings may be of up to two weeks' 
        duration.
          (3) The Board shall endeavour to reach its decisions 
        unanimously. If it fails in that endeavour, a decision 
        shall be valid only if at least two-thirds of the 
        members of the Board vote in favour thereof. Each 
        member of the Board shall have one vote; voting by 
        proxy is not allowed.
          (4) The Board may make such internal arrangements as 
        it considers necessary in conformity with the 
        provisions of the Constitution, this Convention and the 
        Radio Regulations. Such arrangements shall be published 
        as part of the Board's Rules of Procedure.

              Article 11--Radiocommunication Study Groups

    1. Radiocommunication study groups are set up by a 
radiocommunication assembly.
    2. (1) The radiocommunication study groups shall study 
questions adopted in accordance with a procedure established by 
the radiocommunication assembly and prepare draft 
recommendations to be adopted in accordance with the procedure 
set forth in Nos. 246A to 247 of this Convention.
    (1bis) The radiocommunication study groups shall also study 
topics identified in resolutions and recommendations of world 
radiocommunication conferences. The results of such studies 
shall be included in recommendations or in the reports prepared 
in accordance with No. 156 below.
    (2) The study of the above questions and topics shall, 
subject to No. 158 below, focus on the following:
          (a) use of the radio-frequency spectrum in 
        terrestrial and space radiocommunication and of the 
        geostationary-satellite and other satellite orbits;
          (b) characteristics and performance of radio systems;
          (c) operation of radio stations;
          (d) radiocommunication aspects of distress and safety 
        matters.
    (3) These studies shall not generally address economic 
questions, but when they involve comparing technical or 
operational alternatives, economic factors may be taken into 
consideration.
    3. The radiocommunication study groups shall also carry out 
preparatory studies of the technical, operational and 
procedural matters to be considered by world and regional 
radiocommunication conferences and elaborate reports thereon in 
accordance with a programme of work adopted in this respect by 
a radiocommunication assembly or following instructions by the 
Council.
    4. Each study group shall prepare for the 
radiocommunication assembly a report indicating the progress of 
work, the recommendations adopted in accordance with the 
consultation procedure contained in No. 149 above and any draft 
new or revised recommendations for consideration by the 
assembly.
    5. Taking into account No. 79 of the Constitution, the 
tasks enumerated in Nos. 151 to 154 above and in No. 193 of 
this Convention in relation to the Telecommunication 
Standardization Sector shall be kept under continuing review by 
the Radiocommunication Sector and the Telecommunication 
Standardization Sector with a view to reaching common agreement 
on changes in the distribution of matters under study. The two 
Sectors shall cooperate closely and adopt procedures to conduct 
such a review and reach agreements in a timely and effective 
manner. If agreement is not reached, the matter may be 
submitted through the Council to the Plenipotentiary Conference 
for decision.
    6. In the performance of their studies, the 
radiocommunication study groups shall pay due attention to the 
study of questions and to the formulation of recommendations 
directly connected with the establishment, development and 
improvement of telecommunications in developing countries at 
both the regional and international levels. They shall conduct 
their work giving due consideration to the work of national, 
regional and other international organizations concerned with 
radiocommunication and cooperate with them, keeping in mind the 
need for the Union to maintain its pre-eminent position in the 
field of telecommunications.
    7. For the purpose of facilitating the review of activities 
in the Radiocommunication Sector, measures should be taken to 
foster cooperation and coordination with other organizations 
concerned with radiocommunication and with the 
Telecommunication Standardization Sector and the 
Telecommunication Development Sector. A radiocommunication 
assembly shall determine the specific duties, conditions of 
participation and rules of procedure for these measures.

  Article 11A--Radiocommunication Advisory Group Purposes of the Union

    1. The radiocommunication advisory group shall be open to 
representatives of administrations of Member States and 
representatives of Sector Members and to chairmen of the study 
groups and other groups, and will act through the Director.
    2. The radiocommunication advisory group shall:
          (1) review priorities, programmes, operations, 
        financial matters and strategies related to 
        radiocommunication assemblies, study groups and other 
        groups and the preparation of radiocommunication 
        conferences, and any specific matters as directed by a 
        conference of the Union, a radiocommunication assembly 
        or the Council;
          (1bis) review the implementation of the operational 
        plan of the preceding period in order to identify areas 
        in which the Bureau has not achieved or was not able to 
        achieve the objectives laid down in that plan, and 
        advise the Director on the necessary corrective 
        measures;
          (2) review progress in the implementation of the 
        programme of work established under No. 132 of this 
        Convention;
          (3) provide guidelines for the work of study groups;
          (4) recommend measures, inter alia, to foster 
        cooperation and coordination with other standards 
        bodies, with the Telecommunication Standardization 
        Sector, the Telecommunication Development Sector and 
        the General Secretariat;
          (5) adopt its own working procedures compatible with 
        those adopted by the radiocommunication assembly;
          (6) prepare a report for the Director of the 
        Radiocommunication Bureau indicating action in respect 
        of the above items;
          (7) prepare a report for the Radiocommunication 
        Assembly on the matters assigned to it in accordance 
        with No. 137A of this Convention and transmit it to the 
        Director for submission to the assembly.

                 Article 12--Radiocommunication Bureau

    1. The Director of the Radiocommunication Bureau shall 
organize and coordinate the work of the Radiocommunication 
Sector. The duties of the Bureau are supplemented by those 
specified in provisions of the Radio Regulations.
    2. The Director shall, in particular,
          (1) in relation to radiocommunication conferences:
                  (a) coordinate the preparatory work of the 
                study groups and other groups and the Bureau, 
                communicate to the Member States and Sector 
                Members the results of this preparatory work, 
                collect their comments and submit a 
                consolidated report to the conference which may 
                include proposals of a regulatory nature;
                  (b) participate as of right, but in an 
                advisory capacity, in the deliberations of 
                radiocommunication conferences, of the 
                radiocommunication assembly and of the 
                radiocommunication study groups and other 
                groups. The Director shall make all necessary 
                preparations for radiocommunication conferences 
                and meetings of the Radiocommunication Sector 
                in consultation with the General Secretariat in 
                accordance with No. 94 of this Convention and, 
                as appropriate, with the other Sectors of the 
                Union, and with due regard for the directives 
                of the Council in carrying out these 
                preparations;
                  (c) provide assistance to the developing 
                countries in their preparations for 
                radiocommunication conferences.
          (2) in relation to the Radio Regulations Board:
                  (a) prepare and submit draft Rules of 
                Procedure for approval by the Radio Regulations 
                Board; they shall include, inter alia, 
                calculation methods and data required for the 
                application of the provisions of the Radio 
                Regulations;
                  (b) distribute to all Member States the Rules 
                of Procedure of the Board, collect comments 
                thereon received from administrations and 
                submit them to the Board;
                  (c) process information received from 
                administrations in application of the relevant 
                provisions of the Radio Regulations and 
                regional agreements and their associated Rules 
                of Procedure and prepare it, as appropriate, in 
                a form suitable for publication;
                  (d) apply the Rules of Procedure approved by 
                the Board, prepare and publish findings based 
                on those Rules, and submit to the Board any 
                review of a finding which is requested by an 
                administration and which cannot be resolved by 
                the use of those Rules of Procedure;
                  (e) in accordance with the relevant 
                provisions of the Radio Regulations, effect an 
                orderly recording and registration of frequency 
                assignments and, where appropriate, the 
                associated orbital characteristics, and keep up 
                to date the Master International Frequency 
                Register; review entries in that Register with 
                a view to amending or eliminating, as 
                appropriate, those which do not reflect actual 
                frequency usage, in agreement with the 
                administration concerned;
                  (f) assist in the resolution of cases of 
                harmful interference, at the request of one or 
                more of the interested administrations, and 
                where necessary, make investigations and 
                prepare, for consideration by the Board, a 
                report including draft recommendations to the 
                administrations concerned;
                  (g) act as executive secretary to the Board;
          (3) coordinate the work of the radiocommunication 
        study groups and other groups and be responsible for 
        the organization of that work;
          (3bis) provide the necessary support for the 
        radiocommunication advisory group, and report each year 
        to Member States and Sector Members and to the Council 
        on the results of the work of the advisory group.
          (3ter) take practical measures to facilitate the 
        participation of developing countries in the 
        radiocommunication study groups and other groups.
          (4) also undertake the following:
                  (a) carry out studies to furnish advice with 
                a view to the operation of the maximum 
                practicable number of radio channels in those 
                portions of the spectrum where harmful 
                interference may occur, and with a view to the 
                equitable, effective and economical use of the 
                geostationary-satellite and other satellite 
                orbits, taking into account the needs of Member 
                States requiring assistance, the specific needs 
                of developing countries, as well as the special 
                geographical situation of particular countries;
                  (b) exchange with Member States and Sector 
                Members data in machine-readable and other 
                forms, prepare and keep up to date any 
                documents and databases of the 
                Radiocommunication Sector, and arrange, with 
                the Secretary-General, as appropriate, for 
                their publication in the working languages of 
                the Union in accordance with No. 172 of the 
                Constitution;
                  (c) maintain such essential records as may be 
                required;
                  (d) submit to the world radiocommunication 
                conference a report on the activities of the 
                Radiocommunication Sector since the last 
                conference; if a world radiocommunication 
                conference is not planned, a report on the 
                activities of the Sector covering the period 
                since the last conference shall be submitted to 
                the Council and, for information, to Member 
                States and Sector Members;
                  (e) prepare a cost-based budget estimate for 
                the requirements of the Radiocommunication 
                Sector and transmit it to the Secretary-General 
                for consideration by the Coordination Committee 
                and inclusion in the Union's budget.
                  (f) prepare annually a rolling four-year 
                operational plan that covers the subsequent 
                year and the following three-year period, 
                including financial implications of activities 
                to be undertaken by the Bureau in support of 
                the Sector as a whole; this four-year 
                operational plan shall be reviewed by the 
                radiocommunication advisory group in accordance 
                with Article 11A of this Convention, and shall 
                be reviewed and approved annually by the 
                Council;
    3. The Director shall choose the technical and 
administrative personnel of the Bureau within the framework of 
the budget as approved by the Council. The appointment of the 
technical and administrative personnel is made by the 
Secretary-General in agreement with the Director. The final 
decision for appointment or dismissal rests with the Secretary-
General.
    4. The Director shall provide technical support, as 
necessary, to the Telecommunication Development Sector within 
the framework of the Constitution and this Convention.

          Section 6: Telecommunication Standardization Sector

  Article 13--PP-98--World Telecommunication Standardization Assembly

    1. In accordance with No. 104 of the Constitution, a world 
telecommunication standardization assembly shall be convened to 
consider specific matters related to telecommunication 
standardization.
    1bis. The world telecommunication standardization assembly 
is authorized to adopt the working methods and procedures for 
the management of the Sector's activities in accordance with 
No. 145A of the Constitution.
    2. The questions to be studied by a world telecommunication 
standardization assembly, on which recommendations shall be 
issued, shall be those adopted pursuant to its own procedures 
or referred to it by the Plenipotentiary Conference, any other 
conference, or the Council.
    3. In accordance with No. 104 of the Constitution, the 
assembly shall:
          (a) consider the reports of study groups prepared in 
        accordance with No. 194 of this Convention and approve, 
        modify or reject draft recommendations contained in 
        those reports, and consider the reports of the 
        telecommunication standardization advisory group in 
        accordance with Nos. 197H and 197I of this Convention;
          (b) bearing in mind the need to keep the demands on 
        the resources of the Union to a minimum, approve the 
        programme of work arising from the review of existing 
        questions and new questions and determine the priority, 
        urgency, estimated financial implications and time-
        scale for the completion of their study;
          (c) decide, in the light of the approved programme of 
        work derived from No. 188 above, on the need to 
        maintain, terminate or establish study groups and 
        allocate to each of them the questions to be studied;
          (d) group, as far as practicable, questions of 
        interest to the developing countries to facilitate 
        their participation in these studies;
          (e) consider and approve the report of the Director 
        on the activities of the Sector since the last 
        conference.
          (f) decide on the need to maintain, terminate or 
        establish other groups and appoint their chairmen and 
        vice-chairmen;
          (g) establish the terms of reference for the groups 
        referred to in No. 191 bis above; such groups shall not 
        adopt questions or recommendations.
    4. A world telecommunication standardization assembly may 
assign specific matters within its competence to the 
telecommunication standardization advisory group indicating the 
action required on those matters.
    5. A world telecommunication standardization assembly shall 
be presided over by a chairman designated by the government of 
the country in which the meeting is held or, in the case of a 
meeting held at the seat of the Union, by a chairman elected by 
the assembly itself. The chairman shall be assisted by vice-
chairmen elected by the assembly.

       Article 14--Telecommunication Standardization Study Groups

    1. (1) Telecommunication standardization study groups shall 
study questions adopted in accordance with a procedure 
established by the world telecommunication standardization 
assembly and prepare draft recommendations to be adopted in 
accordance with the procedure set forth in Nos. 246A to 247 of 
this Convention.
    (2) The study groups shall, subject to No. 195 below, study 
technical, operating and tariff questions and prepare 
recommendations on them with a view to standardizing 
telecommunications on a worldwide basis, including 
recommendations on interconnection of radio systems in public 
telecommunication networks and on the performance required for 
these interconnections. Technical or operating questions 
specifically related to radiocommunication as enumerated in 
Nos. 151 to 154 of this Convention shall be within the purview 
of the Radiocommunication Sector.
    (3) Each study group shall prepare for the world 
telecommunication standardization assembly a report indicating 
the progress of work, the recommendations adopted in accordance 
with the consultation procedure contained in No. 192 above, and 
any draft new or revised recommendations for consideration by 
the assembly.
    2. Taking into account No. 105 of the Constitution, the 
tasks enumerated in No. 193 above and those enumerated in Nos. 
151 to 154 of this Convention in relation to the 
Radiocommunication Sector shall be kept under continuing review 
by the Telecommunication Standardization Sector and the 
Radiocommunication Sector with a view to reaching common 
agreement on changes in the distribution of matters under 
study. The two Sectors shall cooperate closely and adopt 
procedures to conduct such a review and reach agreements in a 
timely and effective manner. If agreement is not reached, the 
matter may be submitted through the Council to the 
Plenipotentiary Conference for decision.
    3. In the performance of their studies, the 
telecommunication standardization study groups shall pay due 
attention to the study of questions and to the formulation of 
recommendations directly connected with the establishment, 
development and improvement of telecommunications in developing 
countries at both the regional and international levels. They 
shall conduct their work giving due consideration to the work 
of national, regional and other international standardization 
organizations, and cooperate with them, keeping in mind the 
need for the Union to maintain its pre-eminent position in the 
field of worldwide standardization for telecommunications.
    4. For the purpose of facilitating the review of activities 
in the Telecommunication Standardization Sector, measures 
should be taken to foster cooperation and coordination with 
other organizations concerned with telecommunication 
standardization and with the Radiocommunication Sector and the 
Telecommunication Development Sector. A world telecommunication 
standardization assembly shall determine the specific duties, 
conditions of participation and rules of procedure for these 
measures.

     Article 14A--Telecommunication Standardization Advisory Group

    1. The telecommunication standardization advisory group 
shall be open to representatives of administrations of Member 
States and representatives of Sector Members and to chairmen of 
the study groups and other groups.
    2. The telecommunication standardization advisory group 
shall:
          (1) review priorities, programmes, operations, 
        financial matters and strategies for activities in the 
        Telecommunication Standardization Sector;
          (1bis) review the implementation of the operational 
        plan of the preceding period in order to identify areas 
        in which the Bureau has not achieved or was not able to 
        achieve the objectives laid down in that plan, and 
        advise the Director on the necessary corrective 
        measures;
          (2) review progress in the implementation of the 
        programme of work established under No. 188 of this 
        Convention;
          (3) provide guidelines for the work of study groups;
          (4) recommend measures, inter alia, to foster 
        cooperation and coordination with other relevant 
        bodies, with the Radiocommunication Sector, the 
        Telecommunication Development Sector and the General 
        Secretariat;
          (5) adopt its own working procedures compatible with 
        those adopted by the world telecommunication 
        standardization assembly;
          (6) prepare a report for the Director of the 
        Telecommunication Standardization Bureau indicating 
        action in respect of the above items.
          (7) prepare a report for the world telecommunication 
        standardization assembly on the matters assigned to it 
        in accordance with No. 191A and transmit it to the 
        Director for submission to the assembly.

          Article 15--Telecommunication Standardization Bureau

    1. The Director of the Telecommunication Standardization 
Bureau shall organize and coordinate the work of the 
Telecommunication Standardization Sector.
    2. The Director shall, in particular:
          (a) update annually the work programme approved by 
        the world telecommunication standardization assembly, 
        in consultation with the chairmen of the 
        telecommunication standardization study groups and 
        other groups;
          (b) participate, as of right, but in an advisory 
        capacity, in the deliberations of world 
        telecommunication standardization assemblies and of the 
        telecommunication standardization study groups and 
        other groups. The Director shall make all necessary 
        preparations for assemblies and meetings of the 
        Telecommunication Standardization Sector in 
        consultation with the General Secretariat in accordance 
        with No. 94 of this Convention and, as appropriate, 
        with the other Sectors of the Union, and with due 
        regard for the directives of the Council concerning 
        these preparations;
          (c) process information received from administrations 
        in application of the relevant provisions of the 
        International Telecommunication Regulations or 
        decisions of the world telecommunication 
        standardization assembly and prepare it, where 
        appropriate, in a suitable form for publication;
          (d) exchange with Member States and Sector Members 
        data in machine-readable and other forms, prepare and, 
        as necessary, keep up to date any documents and 
        databases of the Telecommunication Standardization 
        Sector, and arrange with the Secretary-General, where 
        appropriate, for their publication in the working 
        languages of the Union in accordance with No. 172 of 
        the Constitution;
          (e) submit to the world telecommunication 
        standardization assembly a report on the activities of 
        the Sector since the last assembly; the Director shall 
        also submit to the Council and to the Member States and 
        Sector Members such a report covering the two-year 
        period since the last assembly, unless a second 
        assembly is convened;
          (f) prepare a cost-based budget estimate for the 
        requirements of the Telecommunication Standardization 
        Sector and transmit it to the Secretary-General for 
        consideration by the Coordination Committee and 
        inclusion in the Union's budget.
          (g) prepare annually a rolling four-year operational 
        plan that covers the subsequent year and the following 
        three-year period, including financial implications of 
        activities to be undertaken by the Bureau in support of 
        the Sector as a whole; this four-year operational plan 
        shall be reviewed by the telecommunication 
        standardization advisory group in accordance with 
        Article 14A of this Convention, and shall be reviewed 
        and approved annually by the Council;
          (h) provide the necessary support for the 
        telecommunication standardization advisory group, and 
        report each year to Member States and Sector Members 
        and to the Council on the results of its work;
          (i) provide assistance to developing countries in the 
        preparatory work for world standardization assemblies, 
        particularly with regard to matters of a priority 
        nature for those countries.
    3. The Director shall choose the technical and 
administrative personnel of the Telecommunication 
Standardization Bureau within the framework of the budget as 
approved by the Council. The appointment of the technical and 
administrative personnel is made by the Secretary-General in 
agreement with the Director. The final decision on appointment 
or dismissal rests with the Secretary-General.
    4. The Director shall provide technical support, as 
necessary, to the Telecommunication Development Sector within 
the framework of the Constitution and this Convention.

            Section 7: Telecommunication Development Sector

         Article 16--Telecommunication Development Conferences

    1. The world telecommunication development conference is 
authorized to adopt the working methods and procedures for the 
management of the Sector's activities in accordance with No. 
145A of the Constitution.
    1bis. In accordance with No. 118 of the Constitution, the 
duties of the telecommunication development conferences shall 
be as follows:
          (a) world telecommunication development conferences 
        shall establish work programmes and guidelines for 
        defining telecommunication development questions and 
        priorities and shall provide direction and guidance for 
        the work programme of the Telecommunication Development 
        Sector. They may set up study groups, as necessary;
          (abis) decide on the need to maintain, terminate or 
        establish other groups and appoint their chairmen and 
        vice-chairmen;
          (ater) establish the terms of reference for the 
        groups referred to in No. 209A above; such groups shall 
        not adopt questions or recommendations.
          (b) regional telecommunication development 
        conferences shall consider questions and priorities 
        relating to telecommunication development, taking into 
        account the needs and characteristics of the region 
        concerned, and may also submit recommendations to world 
        telecommunication development conferences;
          (c) the telecommunication development conferences 
        should fix the objectives and strategies for the 
        balanced worldwide and regional development of 
        telecommunications, giving particular consideration to 
        the expansion and modernization of the networks and 
        services of the developing countries as well as the 
        mobilization of the resources required for this 
        purpose. They shall serve as a forum for the study of 
        policy, organizational, operational, regulatory, 
        technical and financial questions and related aspects, 
        including the identification and implementation of new 
        sources of funding;
          (d) world and regional telecommunication development 
        conferences, within their respective sphere of 
        competence, shall consider reports submitted to them 
        and evaluate the activities of the Sector; they may 
        also consider telecommunication development aspects 
        related to the activities of the other Sectors of the 
        Union.
    2. The draft agenda of telecommunication development 
conferences shall be prepared by the Director of the 
Telecommunication Development Bureau and be submitted by the 
Secretary-General to the Council for approval with the 
concurrence of a majority of the Member States in the case of a 
world conference, or of a majority of the Member States 
belonging to the region concerned in the case of a regional 
conference, subject to the provisions of No. 47 of this 
Convention.
    3. A telecommunication development conference may assign 
specific matters within its competence to the telecommunication 
development advisory group, indicating the recommended action 
on those matters.

         Article 17--Telecommunication Development Study Groups

    1. Telecommunication development study groups shall deal 
with specific telecommunication questions of general interest 
to developing countries, including the matters enumerated in 
No. 211 above. Such study groups shall be limited in number and 
created for a limited period of time, subject to the 
availability of resources, shall have specific terms of 
reference on questions and matters of priority to developing 
countries and shall be task-oriented.
    2. Taking into account No. 119 of the Constitution, the 
Radiocommunication, Telecommunication Standardization and 
Telecommunication Development Sectors shall keep the matters 
under study under continuing review with a view to reaching 
agreement on the distribution of work, avoiding duplication of 
effort and improving coordination. The Sectors shall adopt 
procedures to conduct such reviews and reach such agreement in 
a timely and effective manner.
    3. Each telecommunication development study group shall 
prepare for the world telecommunication development conference 
a report indicating the progress of work and any draft new or 
revised recommendations for consideration by the conference.
    4. Telecommunication development study groups shall study 
questions and prepare draft recommendations to be adopted in 
accordance with the procedures set out in Nos. 246A to 247 of 
this Convention.

       Article 17A--Telecommunication Development Advisory Group

    1. The telecommunication development advisory group shall 
be open to representatives of administrations of Member States 
and representatives of Sector Members and to chairmen and vice-
chairmen of study groups and other groups.
    2. The telecommunication development advisory group shall:
          (1) review priorities, programmes, operations, 
        financial matters and strategies for activities in the 
        Telecommunication Development Sector;
          (1bis) review the implementation of the operational 
        plan of the preceding period in order to identify areas 
        in which the Bureau has not achieved or was not able to 
        achieve the objectives laid down in that plan, and 
        advise the Director on the necessary corrective 
        measures.
          (2) review progress in the implementation of the 
        programme of work established under No. 209 of this 
        Convention;
          (3) provide guidelines for the work of study groups;
          (4) recommend measures, inter alia, to foster 
        cooperation and coordination with the 
        Radiocommunication Sector, the Telecommunication 
        Standardization Sector and the General Secretariat, as 
        well as with other relevant development and financial 
        institutions.
          (5) adopt its own working procedures compatible with 
        those adopted by the world telecommunication 
        development conference.
          (6) prepare a report for the Director of the 
        Telecommunication Development Bureau indicating action 
        in respect of the above items.
          (6bis) prepare a report for the world 
        telecommunication development conference on the matters 
        assigned to it in accordance with No. 213A of this 
        Convention and transmit it to the Director for 
        submission to the conference.
    3. Representatives of bilateral cooperation and development 
aid agencies and multilateral development institutions may be 
invited by the Director to participate in the meetings of the 
advisory group.

            Article 18--Telecommunication Development Bureau

    1. The Director of the Telecommunication Development Bureau 
shall organize and coordinate the work of the Telecommunication 
Development Sector.
    2. The Director shall, in particular:
          (a) participate as of right, but in an advisory 
        capacity, in the deliberations of the telecommunication 
        development conferences and of the telecommunication 
        development study groups and other groups. The Director 
        shall make all necessary preparations for conferences 
        and meetings of the Telecommunication Development 
        Sector in consultation with the General Secretariat in 
        accordance with No. 94 of this Convention and, as 
        appropriate, with the other Sectors of the Union, and 
        with due regard for the directives of the Council in 
        carrying out these preparations;
          (b) process information received from administrations 
        in application of the relevant resolutions and 
        decisions of the Plenipotentiary Conference and 
        telecommunication development conferences and prepare 
        it, where appropriate, in a suitable form for 
        publication;
          (c) exchange with members data in machine-readable 
        and other forms, prepare and, as necessary, keep up to 
        date any documents and databases of the 
        Telecommunication Development Sector, and arrange with 
        the Secretary-General, as appropriate, for their 
        publication in the working languages of the Union in 
        accordance with No. 172 of the Constitution;
          (d) assemble and prepare for publication, in 
        cooperation with the General Secretariat and the other 
        Sectors of the Union, both technical and administrative 
        information that might be especially useful to 
        developing countries in order to help them to improve 
        their telecommunication networks. Their attention shall 
        also be drawn to the possibilities offered by the 
        international programmes under the auspices of the 
        United Nations;
          (e) submit to the world telecommunication development 
        conference a report on the activities of the Sector 
        since the last conference; the Director shall also 
        submit to the Council and to the Member States and 
        Sector Members such a report covering the two-year 
        period since the last conference;
          (f) prepare a cost-based budget estimate for the 
        requirements of the Telecommunication Development 
        Sector and transmit it to the Secretary-General for 
        consideration by the Coordination Committee and 
        inclusion in the Union's budget;
          (g) prepare annually a rolling four-year operational 
        plan that covers the subsequent year and the following 
        three-year period, including financial implications of 
        activities to be undertaken by the Bureau in support of 
        the Sector as a whole; this four-year operational plan 
        shall be reviewed by the telecommunication development 
        advisory group in accordance with Article 17A of this 
        Convention, and shall be reviewed and approved annually 
        by the Council;
          (h) provide the necessary support for the 
        telecommunication development advisory group, and 
        report each year to the Member States and Sector 
        Members and to the Council on the results of its work.
    3. The Director shall work collegially with the other 
elected officials in order to ensure that the Union's catalytic 
role in stimulating telecommunication development is 
strengthened and shall make the necessary arrangements with the 
Director of the Bureau concerned for initiating suitable 
action, including the convening of information meetings on the 
activities of the Sector concerned.
    4. At the request of the Member States concerned, the 
Director, with the assistance of the Directors of the other 
Bureau and, where appropriate, the Secretary-General, shall 
study and offer advice concerning their national 
telecommunication problems; where a comparison of technical 
alternatives is involved, economic factors may be taken into 
consideration.
    5. The Director shall choose the technical and 
administrative personnel of the Telecommunication Development 
Bureau within the framework of the budget as approved by the 
Council. The appointment of the personnel is made by the 
Secretary-General in agreement with the Director. The final 
decision for appointment or dismissal rests with the Secretary-
General.
(SUP)

                               Section 8

  Article 19--Participation of Entities and Organizations Other than 
               Administrations in the Union's Activities

    1. The Secretary-General and the Directors of the Bureau 
shall encourage the enhanced participation in the activities of 
the Union of the following entities and organizations:
          (a) recognized operating agencies, scientific or 
        industrial organizations and financial or development 
        institutions which are approved by the Member State 
        concerned;
          (b) other entities dealing with telecommunication 
        matters which are approved by the Member State 
        concerned;
          (c) regional and other international 
        telecommunication, standardization, financial or 
        development organizations.
    2. The Directors of the Bureau shall maintain close working 
relations with those entities and organizations which are 
authorized to participate in the activities of one or more of 
the Sectors of the Union.
    3. Any request from an entity listed in No. 229 above to 
participate in the work of a Sector, in accordance with the 
relevant provisions of the Constitution and this Convention, 
approved by the Member State concerned shall be forwarded by 
the latter to the Secretary-General.
    4. Any request from an entity referred to in No. 230 above 
submitted by the Member State concerned shall be handled in 
conformity with a procedure established by the Council. Such a 
request shall be reviewed by the Council with respect to its 
conformity with the above procedure.
    4bis. Alternatively, a request from an entity listed in No. 
229 or 230 above to become a Sector Member may be sent direct 
to the Secretary-General. Those Member States authorizing such 
entities to send a request directly to the Secretary-General 
shall inform the latter accordingly. Entities whose Member 
State has not provided such notice to the Secretary-General 
shall not have the option of direct application. The Secretary-
General shall regularly update and publish a list of those 
Member States that have authorized entities under their 
jurisdiction or sovereignty to apply directly.
    4ter. Upon receipt, directly from an entity, of a request 
under No. 234A above, the Secretary-General shall, on the basis 
of criteria defined by the Council, ensure that the function 
and purposes of the candidate are in conformity with the 
purposes of the Union. The Secretary-General shall then, 
without delay, inform the applicant's Member State inviting 
approval of the application. If the Secretary-General receives 
no objection from the Member State within four months, a 
reminder telegram shall be sent. If the Secretary-General 
receives no objection within four months after the date of 
dispatch of the reminder telegram, the application shall be 
regarded as approved. If an objection is received from the 
Member State by the Secretary-General, the applicant shall be 
invited by the Secretary-General to contact the Member State 
concerned.
    quater. When authorizing direct application, a Member State 
may notify the Secretary-General that it assigns authority to 
the Secretary-General to approve any application by an entity 
under its jurisdiction or sovereignty.
    5. Any request from any entity or organization listed in 
No. 231 above (other than those referred to in Nos. 260 and 261 
of this Convention) to participate in the work of a Sector 
shall be sent to the Secretary-General and acted upon in 
accordance with procedures established by the Council.
    6. Any request from an organization referred to in Nos. 260 
to 262 of this Convention to participate in the work of a 
Sector shall be sent to the Secretary-General, and the 
organization concerned shall be included in the lists referred 
to in No. 237 below.
    7. The Secretary-General shall compile and maintain lists 
of all entities and organizations referred to in Nos. 229 to 
231 and Nos. 260 to 262 of this Convention that are authorized 
to participate in the work of each Sector and shall, at 
appropriate intervals, publish and distribute these lists to 
all Member States and Sector Members concerned and to the 
Director of the Bureau concerned. That Director shall advise 
such entities and organizations of the action taken on their 
requests, and shall inform the relevant Member States.
    8. The conditions of participation in the Sectors by 
entities and organizations contained in the lists referred to 
in No. 237 above are specified in this Article, in Article 33 
and in other relevant provisions of this Convention. The 
provisions of Nos. 25 to 28 of the Constitution do not apply to 
them.
    9. A Sector Member may act on behalf of the Member State 
which has approved it, provided that the Member State informs 
the Director of the Bureau concerned that it is authorized to 
do so.
    10. Any Sector Member has the right to denounce such 
participation by notifying the Secretary-General. Such 
participation may also be denounced, where appropriate, by the 
Member State concerned or, in case of the Sector Member 
approved pursuant to No. 234C above, in accordance with 
criteria and procedures determined by the Council. Such 
denunciation shall take effect at the end of one year from the 
date when notification is received by the Secretary-General.
    11. The Secretary-General shall delete from the list of 
entities and organizations any entity or organization that is 
no longer authorized to participate in the work of a Sector, in 
accordance with criteria and procedures determined by the 
Council.
    12. The assembly or conference of a Sector may decide to 
admit entities or organizations to participate as Associates in 
the work of a given study group or subgroups thereof following 
the principles set out below:
          (1) An entity or organization referred to in Nos. 229 
        to 231 above may apply to participate in the work of a 
        given study group as an Associate.
          (2) In cases where a Sector has decided to admit 
        Associates, the Secretary-General shall apply to the 
        applicants the relevant provisions of this Article, 
        taking account of the size of the entity or 
        organization and any other relevant criteria.
          (3) Associates admitted to participate in a given 
        study group are not entered in the list referred to in 
        No. 237 above.
          (4) The conditions governing participation in the 
        work of a study group are specified in Nos. 248B and 
        483A of this Convention.

            Article 20--Conduct of Business of Study Groups

    1. The radiocommunication assembly, the world 
telecommunication standardization assembly and the world 
telecommunication development conference shall appoint the 
chairman and one vice-chairman or more for each study group. In 
appointing chairmen and vice-chairmen, particular consideration 
shall be given to the requirements of competence and equitable 
geographical distribution, and to the need to promote more 
efficient participation by the developing countries.
    2. If the workload of any study group requires, the 
assembly or conference shall appoint such additional vice-
chairmen as it deems necessary.
    3. If, in the interval between two assemblies or 
conferences of the Sector concerned, a study group Chairman is 
unable to carry out his duties and only one Vice-Chairman has 
been appointed, then that Vice-Chairman shall take the 
Chairman's place. In the case of a study group for which more 
than one Vice-Chairman has been appointed, the study group at 
its next meeting shall elect a new Chairman from among those 
Vice-Chairmen and, if necessary, a new Vice-Chairman from among 
the members of the study group. It shall likewise elect a new 
Vice-Chairman if one of the Vice-Chairmen is unable to carry 
out his duties during that period.
    4. Study groups shall conduct their work as far as possible 
by correspondence, using modern means of communication.
    5. The Director of the Bureau of each Sector, on the basis 
of the decisions of the competent conference or assembly, after 
consultation with the Secretary-General and coordination as 
required by the Constitution and Convention, shall draw up the 
general plan of study group meetings.
    5bis. (1) Member States and Sector Members shall adopt 
questions to be studied in accordance with procedures 
established by the relevant conference or assembly, as 
appropriate, including the indication whether or not a 
resulting recommendation shall be the subject of a formal 
consultation of Member States.
    (2) Recommendations resulting from the study of the above 
questions are adopted by a study group in accordance with 
procedures established by the relevant conference or assembly, 
as appropriate. Those recommendations which do not require 
formal consultation of Member States for their approval shall 
be considered as approved.
    (3) A recommendation requiring formal consultation of 
Member States shall be either treated in accordance with No. 
247 below or transmitted to the relevant conference or 
assembly, as appropriate.
    (4) Nos. 246A and 246B above shall not be used for 
questions and recommendations having policy or regulatory 
implications such as:
          (a) questions and recommendations approved by the 
        Radiocommunication Sector relevant to the work of 
        radiocommunication conferences, and other categories of 
        questions and recommendations that may be decided by 
        the radiocommunication assembly;
          (b) questions and recommendations approved by the 
        Telecommunication Standardization Sector which relate 
        to tariff and accounting issues, and relevant numbering 
        and addressing plans;
          (c) questions and recommendations approved by the 
        Telecommunication Development Sector which relate to 
        regulatory, policy and financial issues;
          (d) questions and recommendations where there is any 
        doubt about their scope.
    6. Study groups may initiate action for obtaining approval 
from Member States for recommendations completed between two 
assemblies or conferences. The procedures to be applied for 
obtaining such approval shall be those approved by the 
competent assembly or conference, as appropriate.
    6bis. Recommendations approved in application of Nos. 246B 
or 247 above shall have the same status as ones approved by the 
conference or assembly itself.
    7. Where necessary, joint working parties may be 
established for the study of questions requiring the 
participation of experts from several study groups.
    7bis. Following a procedure developed by the Sector 
concerned, the Director of a Bureau may, in consultation with 
the chairman of the study group concerned, invite an 
organization which does not participate in the Sector to send 
representatives to take part in the study of a specific matter 
in the study group concerned or its subordinate groups.
    7ter. An Associate, as referred to in No. 241A of this 
Convention, will be permitted to participate in the work of the 
selected study group without taking part in any decision-making 
or liaison activity of that study group.
    8. The Director of the relevant Bureau shall send the final 
reports of the study groups to the administrations, 
organizations and entities participating in the Sector. Such 
reports shall include a list of the recommendations approved in 
conformity with No. 247 above. These reports shall be sent as 
soon as possible and, in any event, in time for them to be 
received at least one month before the date of the next session 
of the conference concerned.

       Article 21--Recommendations from One Conference to Another

    1. Any conference may submit to another conference of the 
Union recommendations within its field of competence.
    2. Such recommendations shall be sent to the Secretary-
General in good time for assembly, coordination and 
communication, as laid down in No. 320 of this Convention.

     Article 22--Relations Between Sectors and With International 
                             Organizations

    1. The Directors of the Bureau may agree, after appropriate 
consultation and coordination as required by the Constitution, 
the Convention and the decisions of the competent conferences 
or assemblies, to organize joint meetings of study groups of 
two or three Sectors, in order to study and prepare draft 
recommendations on questions of common interest. Such draft 
recommendations shall be submitted to the competent conferences 
or assemblies of the Sectors concerned.
    2. Conferences or meetings of a Sector may be attended in 
an advisory capacity by the Secretary-General, the Deputy 
Secretary-General, the Directors of the Bureau of the other 
Sectors, or their representatives, and members of the Radio 
Regulations Board. If necessary, they may invite, in an 
advisory capacity, representatives of the General Secretariat 
or of any other Sector which has not considered it necessary to 
be represented.
    3. When a Sector is invited to participate in a meeting of 
an international organization, its Director is authorized to 
make arrangements for its representation in an advisory 
capacity, taking into account the provisions of No. 107 of this 
Convention.

  CHAPTER II--Specific Provisions Regarding Conferences and Assemblies

  Article 23--Invitation and Admission to Plenipotentiary Conferences 
                  when There is an Inviting Government

    1. The following shall be admitted to plenipotentiary 
conferences:
          (a) delegations;
          (b) the elected officials, in an advisory capacity;
          (c) the Radio Regulations Board, in accordance with 
        No. 141A of this Convention, in an advisory capacity;
          (d) observers of the following organizations, 
        agencies and entities:
                  (i) the United Nations;
                  (ii) regional telecommunication organizations 
                mentioned in Article 43 of the Constitution;
                  (iii) intergovernmental organizations 
                operating satellite systems;
                  (iv) the specialized agencies of the United 
                Nations and the International Atomic Energy 
                Agency;
          (e) observers from the Sector Members referred to in 
        Nos. 229 and 231 of this Convention.
          (2) The General Secretariat and the three Bureau of 
        the Union shall be represented at the conference in an 
        advisory capacity.

Article 24--Invitation and Admission to Radiocommunication Conferences 
                  when There is an Inviting Government

    1. The following shall be admitted to radiocommunication 
conferences:
          (a) delegations;
          (b) observers of organizations and agencies referred 
        to in Nos. 269A to 269D of this Convention;
          (c) observers of other international organizations 
        invited by the government and admitted by the 
        conference in accordance with the relevant provisions 
        of Chapter I of the General Rules of conferences, 
        assemblies and meetings of the Union;
          (d) observers representing Sector Members of the 
        Radiocommunication Sector duly authorized by the Member 
        State concerned;
          (e) observers of Member States participating in a 
        non-voting capacity in a regional radiocommunication 
        conference of a region other than that to which the 
        said Member States belong;
          (f) in an advisory capacity, the elected officials, 
        when the conference is discussing matters coming within 
        their competence, and the members of the Radio 
        Regulations Board.

Article 25--Invitation and Admission to Radiocommunication Assemblies, 
        World Telecommunication Standardization Assemblies and 
  Telecommunication Development Conferences when There is an Inviting 
                               Government

    1. The following shall be admitted to the assembly or 
conference:
          (a) delegations;
          (b) observers of the following organizations and 
        agencies:
                  (i) regional telecommunication organizations 
                mentioned in Article 43 of the Constitution;
                  (ii) intergovernmental organizations 
                operating satellite systems;
                  (iii) any other regional organization or 
                other international organization dealing with 
                matters of interest to the assembly or 
                conference;
                  (iv) the United Nations;
                  (v) the specialized agencies of the United 
                Nations and the International Atomic Energy 
                Agency;
          (c) representatives of Sector Members concerned.
    2. The elected officials, the General Secretariat and the 
Bureau of the Union, as appropriate, shall be represented at 
the assembly or conference in an advisory capacity. Two members 
of the Radio Regulations Board, designated by the Board, shall 
participate in radiocommunication assemblies in an advisory 
capacity.
SUP

                Article 31--Credentials for Conferences

    1. The delegation sent by a Member State to a 
plenipotentiary conference, a radiocommunication conference or 
a world conference on international telecommunications shall be 
duly accredited in accordance with Nos. 325 to 331 below.
    2. (1) Accreditation of delegations to Plenipotentiary 
Conferences shall be by means of instruments signed by the Head 
of State, by the Head of Government or by the Minister for 
Foreign Affairs.
    (2) Accreditation of delegations to the other conferences 
referred to in No. 324 above shall be by means of instruments 
signed by the Head of State, by the Head of Government, by the 
Minister for Foreign Affairs or by the Minister responsible for 
questions dealt with during the conference.
    (3) Subject to confirmation prior to the signature of the 
Final Acts, by one of the authorities mentioned in Nos. 325 or 
326 above, a delegation may be provisionally accredited by the 
head of the diplomatic mission of the Member State concerned to 
the host government. In the case of a conference held in the 
Swiss Confederation, a delegation may also be provisionally 
accredited by the head of the permanent delegation of the 
Member State concerned to the United Nations Office at Geneva.
    3. Credentials shall be accepted if they are signed by one 
of the competent authorities mentioned in Nos. 325 to 327 
above, and fulfill one of the following criteria:
          --they confer full powers on the delegation;
          --they authorize the delegation to represent its 
        government, without restrictions;
          --they give the delegation, or certain members 
        thereof, the right to sign the Final Acts.
    4. (1) A delegation whose credentials are found to be in 
order by the Plenary Meeting shall be entitled to exercise the 
right to vote of the Member State concerned, subject to the 
provisions of Nos. 169 and 210 of the Constitution, and to sign 
the final acts.
    (2) A delegation whose credentials are found not to be in 
order by the Plenary Meeting shall not be entitled to exercise 
the right to vote or to sign the Final Acts until the situation 
has been rectified.
    5. Credentials shall be deposited with the secretariat of 
the conference as early as possible; to that end, Member States 
should send their credentials, prior to the opening date of the 
conference, to the Secretary-General who shall transmit them to 
the secretariat of the conference as soon as the latter has 
been established. The committee referred to in No. 68 of the 
General Rules of conferences, assemblies and meetings of the 
Union shall be entrusted with the verification thereof and 
shall report on its conclusions to the Plenary Meeting within 
the time specified by the latter. Pending the decision of the 
Plenary Meeting thereon, any delegation shall be entitled to 
participate in the conference and to exercise the right to vote 
of the Member State concerned.
    6. As a general rule, Member States should endeavour to 
send their own delegations to conferences of the Union. 
However, if a Member State is unable, for exceptional reasons, 
to send its own delegation, it may give the delegation of 
another Member State powers to vote and sign on its behalf. 
Such powers must be conveyed by means of an instrument signed 
by one of the authorities mentioned in Nos. 325 or 326 above.
    7. A delegation with the right to vote may give to another 
delegation with the right to vote a mandate to exercise its 
vote at one or more meetings at which it is unable to be 
present. In such a case it shall, in good time, notify the 
Chairman of the conference in writing.
    8. A delegation may not exercise more than one proxy vote.
    9. Credentials and transfers of powers sent by telegram 
shall not be accepted. Nevertheless, replies sent by telegram 
to requests by the Chairman or the secretariat of the 
conference for clarification of credentials shall be accepted.
    10. A Member State or an authorized entity or organization 
intending to send a delegation or representatives to a 
telecommunication standardization assembly, a telecommunication 
development conference or a radiocommunication assembly shall 
so inform the Director of the Bureau of the Sector concerned, 
indicating the names and functions of the members of the 
delegation or of the representatives.

    Article 32--Rules of Procedure of Conferences and Other Meetings

    1. The General Rules of conferences, assemblies and 
meetings of the Union are adopted by the Plenipotentiary 
Conference. The provisions governing the procedure for amending 
those Rules and the entry into force of amendments are 
contained in the Rules themselves.
    2. The General Rules of conferences, assemblies and 
meetings of the Union shall apply without prejudice to the 
amendment provisions contained in Article 55 of the 
Constitution and in Article 42 of this Convention.

                       Article 32A--Right to Vote

    1. At all meetings of a conference, assembly or other 
meeting, the delegation of a Member State duly accredited by 
that Member State to take part in the work of the conference, 
assembly or other meeting shall be entitled to one vote in 
accordance with Article 3 of the Constitution.
    2. The delegation of a Member State shall exercise the 
right to vote under the conditions described in Article 31 of 
this Convention.
    3. When a Member State is not represented by an 
administration at a radiocommunication assembly, a world 
telecommunication standardization assembly or a 
telecommunication development conference, the representatives 
of the recognized operating agencies of the Member State 
concerned shall, as a whole, and regardless of their number, be 
entitled to a single vote, subject to the provisions of No. 239 
of this Convention. The provisions of Nos. 335 to 338 of this 
Convention concerning the transfer of powers shall apply to the 
above conferences and assemblies.

                       Article 32B--Reservations

    1. As a general rule, any delegation whose views are not 
shared by the remaining delegations shall endeavour, as far as 
possible, to conform to the opinion of the majority.
    2. Any Member State that, during a plenipotentiary 
conference, reserves its right to make reservations as 
specified in its declaration when signing the final acts, may 
make reservations regarding an amendment to the Constitution or 
to this Convention until such time as its instrument of 
ratification, acceptance or approval of or accession to the 
amendment has been deposited with the Secretary-General.
    3. If any decision appears to a delegation to be such as to 
prevent its government from consenting to be bound by the 
revision of the Administrative Regulations, this delegation may 
make reservations, final or provisional, regarding that 
decision, at the end of the conference adopting that revision; 
any such reservations may be made by a delegation on behalf of 
a Member State which is not participating in the competent 
conference and which has given that delegation proxy powers to 
sign the final acts in accordance with the provisions of 
Article 31 of this Convention.
    4. A reservation made following a conference shall only be 
valid if the Member State which made it formally confirms it 
when notifying its consent to be bound by the amended or 
revised instrument adopted by the conference at the close of 
which it made the reservation in question.
(SUP)

                          CHAPTER III--Deleted

                      CHAPTER IV--Other Provisions

                          Article 33--Finances

    1. (1) The scale from which each Member State, subject to 
the provisions of No. 468A below, and Sector Member, subject to 
the provisions of No. 468B below, shall choose its class of 
contribution, in conformity with the relevant provisions of 
Article 28 of the Constitution, shall be as follows:
          40 unit class 8 unit class
          35 unit class 5 unit class
          30 unit class 4 unit class
          28 unit class 3 unit class
          25 unit class 2 unit class
          23 unit class 1 1/2 unit class
          20 unit class 1 unit class
          18 unit class 1/2 unit class
          15 unit class 1/4 unit class
          13 unit class 1/8 unit class
          10 unit class 1/16 unit class
    (1bis) Only Member States listed by the United Nations as 
least developed countries and those determined by the Council 
may select the 1/8 and 1/16 unit classes of contribution.
    (1ter) Sector Members may not select a class of 
contribution lower than 1/2 unit, with the exception of Sector 
Members of the Telecommunication Development Sector, which may 
select the 1/4, 1/8 and 1/16 unit classes. However, the 1/16 
unit class is reserved for Sector Members of developing 
countries as determined by the list established by the United 
Nations Development Programme (UNDP) to be reviewed by the ITU 
Council.
    (2) In addition to the classes of contribution listed in 
No. 468 above, any Member State or Sector Member may choose a 
number of contributory units over 40.
    (3) The Secretary-General shall communicate promptly to 
each Member State not represented at the Plenipotentiary 
Conference the decision of each Member State as to the class of 
contribution to be paid by it.
(SUP)
    2. (1) Every new Member State and Sector Member shall, in 
respect of the year of its accession or admission, pay a 
contribution calculated as from the first day of the month of 
accession or admission, as the case may be.
    (2) Should a Member State denounce the Constitution and 
this Convention or a Sector Member denounce its participation 
in a Sector, its contribution shall be paid up to the last day 
of the month in which such denunciation takes effect in 
accordance with No. 237 of the Constitution or No. 240 of this 
Convention, respectively.
    3. The amounts due shall bear interest from the beginning 
of the fourth month of each financial year of the Union at 3% 
(three per cent) per annum during the following three months, 
and at 6% (six per cent) per annum from the beginning of the 
seventh month.
(SUP)
    4. (1) The organizations referred to in Nos. 269A to 269E 
of this Convention and other organizations of an international 
character (unless they have been exempted by the Council, 
subject to reciprocity) and Sector Members which participate, 
in accordance with the provisions of this Convention, in a 
plenipotentiary conference, in a conference, assembly or 
meeting of a Sector of the Union, or in a world conference on 
international telecommunications, shall share in defraying the 
expenses of the conferences, assemblies and meetings in which 
they participate on the basis of the cost of these conferences 
and meetings and in accordance with the Financial Regulations. 
Nevertheless, Sector Members will not be charged separately for 
their attendance at a conference, assembly or meeting of their 
respective Sectors, except in the case of regional 
radiocommunication conferences.
    (2) Any Sector Member appearing in the lists mentioned in 
No. 237 of this Convention shall share in defraying the 
expenses of the Sector in accordance with Nos. 480 and 480A 
below.
(SUP)
    (5) The amount of the contribution per unit payable towards 
the expenses of each Sector concerned shall be set at 1/5 of 
the contributory unit of the Member States. These contributions 
shall be considered as Union income. They shall bear interest 
in accordance with the provisions of No. 474 above.
    (5bis) When a Sector Member contributes to defraying the 
expenses of the Union under No. 159 of the Constitution, the 
Sector for which the contribution is made should be identified.
    4bis. Associates as described in No. 241A of this 
Convention shall share in defraying the expenses of the Sector 
and the study group and subordinate groups in which they 
participate, as determined by the Council.
    5. The Council shall determine criteria for the application 
of cost recovery for some products and services of the Union.
    6. The Union shall maintain a reserve account in order to 
provide working capital to meet essential expenditures and to 
maintain sufficient cash reserves to avoid resorting to loans 
as far as possible. The amount of the reserve account shall be 
fixed annually by the Council on the basis of expected 
requirements. At the end of each biennial budgetary period all 
budget credits which have not been expended or encumbered will 
be placed in the reserve account. Other details of this account 
are described in the Financial Regulations.
    7. (1) The Secretary-General may, in agreement with the 
Coordination Committee, accept voluntary contributions in cash 
or kind, provided that the conditions attached to such 
voluntary contributions are consistent, as appropriate, with 
the purposes and programmes of the Union and with the 
programmes adopted by a conference and in conformity with the 
Financial Regulations, which shall contain special provisions 
for the acceptance and use of such voluntary contributions.
    (2) Such voluntary contributions shall be reported by the 
Secretary-General to the Council in the financial operating 
report as well as in a summary indicating for each case the 
origin, proposed use and action taken with respect to each 
voluntary contribution.

         Article 34--Financial Responsibilities of Conferences

    1. Before adopting proposals or taking decisions with 
financial implications, the conferences of the Union shall take 
account of all the Union's budgetary provisions with a view to 
ensuring that they will not result in expenses beyond the 
credits which the Council is empowered to authorize.
    2. No decision of a conference shall be put into effect if 
it will result in a direct or indirect increase in expenses 
beyond the credits that the Council is empowered to authorize.

                         Article 35--Languages

    1. (1) Languages other than those mentioned in the relevant 
provisions of Article 29 of the Constitution may be used:
          (a) if an application is made to the Secretary-
        General to provide for the use of an additional 
        language or languages, oral or written, on a permanent 
        or an ad hoc basis, provided that the additional cost 
        so incurred shall be borne by those Member States which 
        have made or supported the application;
          (b) if, at conferences and meetings of the Union, 
        after informing the Secretary-General or the Director 
        of the Bureau concerned, any delegation itself makes 
        arrangements at its own expense for oral translation 
        from its own language into any one of the languages 
        referred to in the relevant provision of Article 29 of 
        the Constitution.
    (2) In the case provided for in No. 491 above, the 
Secretary-General shall comply to the extent practicable with 
the application, having first obtained from the Member States 
concerned an undertaking that the cost incurred will be duly 
repaid by them to the Union.
    (3) In the case provided for in No. 492 above, the 
delegation concerned may, furthermore, if it wishes, arrange at 
its own expense for oral translation into its own language from 
one of the languages referred to in the relevant provision of 
Article 29 of the Constitution.
    2. Any of the documents referred to in the relevant 
provisions of Article 29 of the Constitution may be published 
in languages other than those specified therein, provided that 
the Member States requesting such publication undertake to 
defray the whole of the cost of translation and publication 
involved.

       CHAPTER V--Various Provisions Related to the Operation of 
                       Telecommunication Services

                 Article 36--Charges and Free Services

    The provisions regarding charges for telecommunications and 
the various cases in which free services are accorded are set 
forth in the Administrative Regulations.

            Article 37--Rendering and Settlement of Accounts

    1. The settlement of international accounts shall be 
regarded as current transactions and shall be effected in 
accordance with the current international obligations of the 
Member States and Sector Members concerned in those cases where 
their governments have concluded arrangements on this subject. 
Where no such arrangements have been concluded, and in the 
absence of special agreements made under Article 42 of the 
Constitution, these settlements shall be effected in accordance 
with the Administrative Regulations.
    2. Administrations of Member States and Sector Members 
which operate international telecommunication services shall 
come to an agreement with regard to the amount of their debits 
and credits.
    3. The statement of accounts with respect to debits and 
credits referred to in No. 498 above shall be drawn up in 
accordance with the provisions of the Administrative 
Regulations, unless special arrangements have been concluded 
between the parties concerned.

                       Article 38--Monetary Unit

    In the absence of special arrangements concluded between 
Member States, the monetary unit to be used in the composition 
of accounting rates for international telecommunication 
services and in the establishment of international accounts 
shall be:
    --either the monetary unit of the International Monetary 
Fund
    --or the gold franc,
both as defined in the Administrative Regulations. The 
provisions for application are contained in Appendix 1 to the 
International Telecommunication Regulations.

                     Article 39--Intercommunication

    1. Stations performing radiocommunication in the mobile 
service shall be bound, within the limits of their normal 
employment, to exchange radiocommunications reciprocally 
without distinction as to the radio system adopted by them.
    2. Nevertheless, in order not to impede scientific 
progress, the provisions of No. 501 above shall not prevent the 
use of a radio system incapable of communicating with other 
systems, provided that such incapacity is due to the specific 
nature of such system and is not the result of devices adopted 
solely with the object of preventing intercommunication.
    3. Notwithstanding the provisions of No. 501 above, a 
station may be assigned to a restricted international service 
of telecommunication, determined by the purpose of such 
service, or by other circumstances independent of the system 
used.

                      Article 40--Secret Language

    1. Government telegrams and service telegrams may be 
expressed in secret language in all relations.
    2. Private telegrams in secret language may be admitted 
between all Member States with the exception of those which 
have previously notified, through the Secretary-General, that 
they do not admit this language for that category of 
correspondence.
    3. Member States which do not admit private telegrams in 
secret language originating in or destined for their own 
territory must let them pass in transit, except in the case of 
suspension of service provided for in Article 35 of the 
Constitution.

                 CHAPTER VI--Arbitration and Amendment

Article 41--Arbitration: Procedure (see Article 56 of the Constitution)

    1. The party which appeals to arbitration shall initiate 
the arbitration procedure by transmitting to the other party to 
the dispute a notice of the submission of the dispute to 
arbitration.
    2. The parties shall decide by agreement whether the 
arbitration is to be entrusted to individuals, administrations 
or governments. If within one month after notice of submission 
of the dispute to arbitration, the parties have been unable to 
agree upon this point, the arbitration shall be entrusted to 
governments.
    3. If arbitration is to be entrusted to individuals, the 
arbitrators must neither be nationals of a State party to the 
dispute, nor have their domicile in the States parties to the 
dispute, nor be employed in their service.
    4. If arbitration is to be entrusted to governments, or to 
administrations thereof, these must be chosen from among the 
Member States which are not involved in the dispute, but which 
are parties to the agreement, the application of which caused 
the dispute.
    5. Within three months from the date of receipt of the 
notification of the submission of the dispute to arbitration, 
each of the two parties to the dispute shall appoint an 
arbitrator.
    6. If more than two parties are involved in the dispute, an 
arbitrator shall be appointed in accordance with the procedure 
set forth in Nos. 510 and 511 above, by each of the two groups 
of parties having a common position in the dispute.
    7. The two arbitrators thus appointed shall choose a third 
arbitrator who, if the first two arbitrators are individuals 
and not governments or administrations, must fulfill the 
conditions indicated in No. 509 above, and in addition must not 
be of the same nationality as either of the other two 
arbitrators. Failing an agreement between the two arbitrators 
as to the choice of a third arbitrator, each of these two 
arbitrators shall nominate a third arbitrator who is in no way 
concerned in the dispute. The Secretary-General shall then draw 
lots in order to select the third arbitrator.
    8. The parties to the dispute may agree to have their 
dispute settled by a single arbitrator appointed by agreement; 
or alternatively, each party may nominate an arbitrator, and 
request the Secretary-General to draw lots to decide which of 
the persons so nominated is to act as the single arbitrator.
    9. The arbitrator or arbitrators shall be free to decide 
upon the venue and the rules of procedure to be applied to the 
arbitration.
    10. The decision of the single arbitrator shall be final 
and binding upon the parties to the dispute. If the arbitration 
is entrusted to more than one arbitrator, the decision made by 
the majority vote of the arbitrators shall be final and binding 
upon the parties.
    11. Each party shall bear the expense it has incurred in 
the investigation and presentation of the arbitration. The 
costs of arbitration other than those incurred by the parties 
themselves shall be divided equally between the parties to the 
dispute.
    12. The Union shall furnish all information relating to the 
dispute which the arbitrator or arbitrators may need. If the 
parties to the dispute so agree, the decision of the arbitrator 
or arbitrators shall be communicated to the Secretary-General 
for future reference purposes.

          Article 42--Provisions for Amending this Convention

    1. Any Member State may propose any amendment to this 
Convention. Any such proposal shall, in order to ensure its 
timely transmission to, and consideration by, all the Member 
States, reach the Secretary-General not later than eight months 
prior to the opening date fixed for the Plenipotentiary 
Conference. The Secretary-General shall, as soon as possible, 
but not later than six months prior to the latter date, forward 
any such proposal to all the Member States.
    2. Any proposed modification to any amendment submitted in 
accordance with No. 519 above may, however, be submitted at any 
time by a Member State or by its delegation at the 
Plenipotentiary Conference.
    3. The quorum required at any Plenary Meeting of the 
Plenipotentiary Conference for consideration of any proposal 
for amending this Convention or modification thereto shall 
consist of more than one half of the delegations accredited to 
the Plenipotentiary Conference.
    4. To be adopted, any proposed modification to a proposed 
amendment as well as the proposal as a whole, whether or not 
modified, shall be approved, at a Plenary Meeting, by more than 
half of the delegations accredited to the Plenipotentiary 
Conference which have the right to vote.
    5. Unless specified otherwise in the preceding paragraphs 
of this Article, which shall prevail, the General Rules of 
conferences, assemblies and meetings of the Union shall apply.
    6. Any amendments to this Convention adopted by a 
plenipotentiary conference shall, as a whole and in the form of 
one single amending instrument, enter into force at a date 
fixed by the conference between Member States having deposited 
before that date their instrument of ratification, acceptance 
or approval of, or accession to, both this Convention and the 
amending instrument. Ratification, acceptance or approval of, 
or accession to, only a part of such an amending instrument 
shall be excluded.
    7. Notwithstanding No. 524 above, the Plenipotentiary 
Conference may decide that an amendment to this Convention is 
necessary for the proper implementation of an amendment to the 
Constitution. In that case, the amendment to this Convention 
shall not enter into force prior to the entry into force of the 
amendment to the Constitution.
    8. The Secretary-General shall notify all Member States of 
the deposit of each instrument of ratification, acceptance, 
approval or accession.
    9. After entry into force of any such amending instrument, 
ratification, acceptance, approval or accession in accordance 
with Articles 52 and 53 of the Constitution shall apply to this 
Convention as amended.
    10. After the entry into force of any such amending 
instrument, the Secretary-General shall register it with the 
Secretariat of the United Nations, in accordance with the 
provisions of Article 102 of the Charter of the United Nations. 
No. 241 of the Constitution shall also apply to any such 
amending instrument.

  ANNEX--Definition of Certain Terms Used in this Convention and the 
Administrative Regulations of the International Telecommunication Union

    For the purpose of the above instruments of the Union, the 
following terms shall have the meanings defined below:
    Expert: A person sent by either:
          (a) the Government or the administration of his 
        country, or
          (b) an entity or an organization authorized in 
        accordance with Article 19 of this Convention, or
          (c) an international organization
to participate in tasks of the Union relevant to his area of 
professional competence.
    Observer: A person sent by:
          --the United Nations, a specialized agency of the 
        United Nations, the International Atomic Energy Agency, 
        a regional telecommunication organization, or an 
        intergovernmental organization operating satellite 
        systems, to participate, in an advisory capacity, in a 
        plenipotentiary conference, a conference or a meeting 
        of a Sector,
          --an international organization to participate, in an 
        advisory capacity, in a conference or a meeting of a 
        Sector,
          --the government of a Member State to participate, in 
        a non-voting capacity, in a regional conference, or
          --a Sector Member referred to in Nos. 229 or 231 of 
        the Convention or an organization of an international 
        character representing such Sector Members,
in accordance with the relevant provisions of this Convention.
    Mobile Service: A radiocommunication service between mobile 
and land stations, or between mobile stations.
    Scientific or Industrial Organization: Any organization, 
other than a governmental establishment or agency, which is 
engaged in the study of telecommunication problems or in the 
design or manufacture of equipment intended for 
telecommunication services.
    Radiocommunication: Telecommunication by means of radio 
waves.
    Note 1: Radio waves are electromagnetic waves of 
frequencies arbitrarily lower than 3 000 GHz, propagated in 
space without artificial guide.
    Note 2: For the requirements of Nos. 149 to 154 of this 
Convention, the term ``radiocommunication'' also includes 
telecommunications using electromagnetic waves of frequencies 
above 3 000 GHz, propagated in space without artificial guide.
    Service Telecommunication: A telecommunication that relates 
to public international telecommunications and that is 
exchanged among the following:
          --administrations,
          --recognized operating agencies, and
          --the Chairman of the Council, the Secretary-General, 
        the Deputy Secretary-General, the Directors of the 
        Bureau, the members of the Radio Regulations Board, and 
        other representatives or authorized officials of the 
        Union, including those working on official matters 
        outside the seat of the Union.
    5. World Intellectual Property Organization Copyright Treaty \1\

  Done at Geneva, December 20, 1996; Advise and consent of the Senate 
     provided, October 21, 1998; Entered into force, March 6, 2002

                                Preamble

    The Contracting Parties,
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    \1\ For states that are parties to the Treaty, see Department of 
State publication, Treaties in Force.

    Desiring to develop and maintain the protection of the 
rights of authors in their literary and artistic works in a 
---------------------------------------------------------------------------
manner as effective and uniform as possible,

    Recognizing the need to introduce new international rules 
and clarify the interpretation of certain existing rules in 
order to provide adequate solutions to the questions raised by 
new economic, social, cultural and technological developments,

    Recognizing the profound impact of the development and 
convergence of information and communication technologies on 
the creation and use of literary and artistic works,

    Emphasizing the outstanding significance of copyright 
protection as an incentive for literary and artistic creation,

    Recognizing the need to maintain a balance between the 
rights of authors and the larger public interest, particularly 
education, research and access to information, as reflected in 
the Berne Convention,

    Have agreed as follows:

              Article 1--Relation to the Berne Convention

    (1) This Treaty is a special agreement within the meaning 
of Article 20 of the Berne Convention for the Protection of 
Literary and Artistic Works, as regards Contracting Parties 
that are countries of the Union established by that Convention. 
This Treaty shall not have any connection with treaties other 
than the Berne Convention, nor shall it prejudice any rights 
and obligations under any other treaties.
    (2) Nothing in this Treaty shall derogate from existing 
obligations that Contracting Parties have to each other under 
the Berne Convention for the Protection of Literary and 
Artistic Works.
    (3) Hereinafter, ``Berne Convention'' shall refer to the 
Paris Act of July 24, 1971 of the Berne Convention for the 
Protection of Literary and Artistic Works.
    (4) \2\ Contracting Parties shall comply with Articles 1 to 
21 and the Appendix of the Berne Convention.
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    \2\ Agreed statements concerning Article 1(4): The reproduction 
right, as set out in Article 9 of the Berne Convention, and the 
exceptions permitted thereunder, fully apply in the digital 
environment, in particular to the use of works in digital form. It is 
understood that the storage of a protected work in digital form in an 
electronic medium constitutes a reproduction within the meaning of 
Article 9 of the Berne Convention.
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                Article 2--Scope of Copyright Protection

    Copyright protection extends to expressions and not to 
ideas, procedures, methods of operation or mathematical 
concepts as such.

 Article 3--Application of Articles 2 to 6 of the Berne Convention \3\
---------------------------------------------------------------------------

    \3\ Agreed statements concerning Article 3: It is understood that 
in applying Article 3 of this Treaty, the expression ``country of the 
Union'' in Articles 2 to 6 of the Berne Convention will be read as if 
it were a reference to a Contracting Party to this Treaty, in the 
application of those Berne Articles in respect of protection provided 
for in this Treaty. It is also understood that the expression ``country 
outside the Union'' in those Articles in the Berne Convention will, in 
the same circumstances, be read as if it were a reference to a country 
that is not a Contracting Party to this Treaty, and that ``this 
Convention'' in Articles 2(8), 2bis(2), 3, 4 and 5 of the Berne 
Convention will be read as if it were a reference to the Berne 
Convention and this Treaty. Finally, it is understood that a reference 
in Articles 3 to 6 of the Berne Convention to a ``national of one of 
the countries of the Union'' will, when these Articles are applied to 
this Treaty, mean, in regard to an intergovernmental organization that 
is a Contracting Party to this Treaty, a national of one of the 
countries that is member of that organization.
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    Contracting Parties shall apply mutatis mutandis the 
provisions of Articles 2 to 6 of the Berne Convention in 
respect of the protection provided for in this Treaty.

                    Article 4--Computer Programs \4\
---------------------------------------------------------------------------

    \4\ Agreed statements concerning Article 4: The scope of protection 
for computer programs under Article 4 of this Treaty, read with Article 
2, is consistent with Article 2 of the Berne Convention and on a par 
with the relevant provisions of the TRIPS Agreement.
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    Computer programs are protected as literary works within 
the meaning of Article 2 of the Berne Convention. Such 
protection applies to computer programs, whatever may be the 
mode or form of their expression.

            Article 5--Compilations of Data (Databases) \5\
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    \5\ Agreed statements concerning Article 5: The scope of protection 
for compilations of data (databases) under Article 5 of this Treaty, 
read with Article 2, is consistent with Article 2 of the Berne 
Convention and on a par with the relevant provisions of the TRIPS 
Agreement.
---------------------------------------------------------------------------
    Compilations of data or other material, in any form, which 
by reason of the selection or arrangement of their contents 
constitute intellectual creations, are protected as such. This 
protection does not extend to the data or the material itself 
and is without prejudice to any copyright subsisting in the 
data or material contained in the compilation.

                  Article 6--Right of Distribution \6\
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    \6\ Agreed statements concerning Articles 6 and 7: As used in these 
Articles, the expressions ``copies'' and ``original and copies,'' being 
subject to the right of distribution and the right of rental under the 
said Articles, refer exclusively to fixed copies that can be put into 
circulation as tangible objects.
    As used in these Articles, the expressions ``copies'' and 
``original and copies,'' being subject to the right of distribution and 
the right of rental under the said Articles, refer exclusively to fixed 
copies that can be put into circulation as tangible objects.
    It is understood that the obligation under Article 7(1) does not 
require a Contracting Party to provide an exclusive right of commercial 
rental to authors who, under that Contracting Party's law, are not 
granted rights in respect of phonograms. It is understood that this 
obligation is consistent with Article 14(4) of the TRIPS Agreement.
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    (1) Authors of literary and artistic works shall enjoy the 
exclusive right of authorizing the making available to the 
public of the original and copies of their works through sale 
or other transfer of ownership.
    (2) Nothing in this Treaty shall affect the freedom of 
Contracting Parties to determine the conditions, if any, under 
which the exhaustion of the right in paragraph (1) applies 
after the first sale or other transfer of ownership of the 
original or a copy of the work with the authorization of the 
author.

                     Article 7--Right of Rental \6\

    (1) Authors of
          (i) computer programs;
          (ii) cinematographic works; and
          (iii) works embodied in phonograms, as determined in 
        the national law of Contracting Parties,
shall enjoy the exclusive right of authorizing commercial 
rental to the public of the originals or copies of their works.
    (2) Paragraph (1) shall not apply
          (i) in the case of computer programs, where the 
        program itself is not the essential object of the 
        rental; and
          (ii) in the case of cinematographic works, unless 
        such commercial rental has led to widespread copying of 
        such works materially impairing the exclusive right of 
        reproduction.
    (3) Notwithstanding the provisions of paragraph (1), a 
Contracting Party that, on April 15, 1994, had and continues to 
have in force a system of equitable remuneration of authors for 
the rental of copies of their works embodied in phonograms may 
maintain that system provided that the commercial rental of 
works embodied in phonograms is not giving rise to the material 
impairment of the exclusive right of reproduction of authors.

          Article 8--Right of Communication to the Public \7\
---------------------------------------------------------------------------

    \7\ Agreed statements concerning Article 8: It is understood that 
the mere provision of physical facilities for enabling or making a 
communication does not in itself amount to communication within the 
meaning of this Treaty or the Berne Convention. It is further 
understood that nothing in Article 8 precludes a Contracting Party from 
applying Article 11bis(2).
---------------------------------------------------------------------------
    Without prejudice to the provisions of Articles 11(1)(ii), 
11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of 
the Berne Convention, authors of literary and artistic works 
shall enjoy the exclusive right of authorizing any 
communication to the public of their works, by wire or wireless 
means, including the making available to the public of their 
works in such a way that members of the public may access these 
works from a place and at a time individually chosen by them.

      Article 9--Duration of the Protection of Photographic Works

    In respect of photographic works, the Contracting Parties 
shall not apply the provisions of Article 7(4) of the Berne 
Convention.

               Article 10--Limitations and Exceptions \8\
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    \8\ Agreed statements concerning Article 10: It is understood that 
the provisions of Article 10 permit Contracting Parties to carry 
forward and appropriately extend into the digital environment 
limitations and exceptions in their national laws which have been 
considered acceptable under the Berne Convention. Similarly, these 
provisions should be understood to permit Contracting Parties to devise 
new exceptions and limitations that are appropriate in the digital 
network environment.
    It is also understood that Article 10(2) neither reduces nor 
extends the scope of applicability of the limitations and exceptions 
permitted by the Berne Convention.
---------------------------------------------------------------------------
    (1) Contracting Parties may, in their national legislation, 
provide for limitations of or exceptions to the rights granted 
to authors of literary and artistic works under this Treaty in 
certain special cases that do not conflict with a normal 
exploitation of the work and do not unreasonably prejudice the 
legitimate interests of the author.
    (2) Contracting Parties shall, when applying the Berne 
Convention, confine any limitations of or exceptions to rights 
provided for therein to certain special cases that do not 
conflict with a normal exploitation of the work and do not 
unreasonably prejudice the legitimate interests of the author.

       Article 11--Obligations Concerning Technological Measures

    Contracting Parties shall provide adequate legal protection 
and effective legal remedies against the circumvention of 
effective technological measures that are used by authors in 
connection with the exercise of their rights under this Treaty 
or the Berne Convention and that restrict acts, in respect of 
their works, which are not authorized by the authors concerned 
or permitted by law.

  Article 12--Obligations Concerning Rights Management Information \9\
---------------------------------------------------------------------------

    \9\ Agreed statements concerning Article 12: It is understood that 
the reference to ``infringement of any right covered by this Treaty or 
the Berne Convention'' includes both exclusive rights and rights of 
remuneration.
    It is further understood that Contracting Parties will not rely on 
this Article to devise or implement rights management systems that 
would have the effect of imposing formalities which are not permitted 
under the Berne Convention or this Treaty, prohibiting the free 
movement of goods or impeding the enjoyment of rights under this 
Treaty.
---------------------------------------------------------------------------
    (1) Contracting Parties shall provide adequate and 
effective legal remedies against any person knowingly 
performing any of the following acts knowing, or with respect 
to civil remedies having reasonable grounds to know, that it 
will induce, enable, facilitate or conceal an infringement of 
any right covered by this Treaty or the Berne Convention:
          (i) to remove or alter any electronic rights 
        management information without authority;
          (ii) to distribute, import for distribution, 
        broadcast or communicate to the public, without 
        authority, works or copies of works knowing that 
        electronic rights management information has been 
        removed or altered without authority.
    (2) As used in this Article, ``rights management 
information'' means information which identifies the work, the 
author of the work, the owner of any right in the work, or 
information about the terms and conditions of use of the work, 
and any numbers or codes that represent such information, when 
any of these items of information is attached to a copy of a 
work or appears in connection with the communication of a work 
to the public.

                    Article 13--Application in Time

    Contracting Parties shall apply the provisions of Article 
18 of the Berne Convention to all protection provided for in 
this Treaty.

            Article 14--Provisions on Enforcement of Rights

    (1) Contracting Parties undertake to adopt, in accordance 
with their legal systems, the measures necessary to ensure the 
application of this Treaty.
    (2) Contracting Parties shall ensure that enforcement 
procedures are available under their law so as to permit 
effective action against any act of infringement of rights 
covered by this Treaty, including expeditious remedies to 
prevent infringements and remedies which constitute a deterrent 
to further infringements.

                          Article 15--Assembly

    (1)(a) The Contracting Parties shall have an Assembly.
    (b) Each Contracting Party shall be represented by one 
delegate who may be assisted by alternate delegates, advisors 
and experts.
    (c) The expenses of each delegation shall be borne by the 
Contracting Party that has appointed the delegation. The 
Assembly may ask the World Intellectual Property Organization 
(hereinafter referred to as ``WIPO'') to grant financial 
assistance to facilitate the participation of delegations of 
Contracting Parties that are regarded as developing countries 
in conformity with the established practice of the General 
Assembly of the United Nations or that are countries in 
transition to a market economy.
    (2)(a) The Assembly shall deal with matters concerning the 
maintenance and development of this Treaty and the application 
and operation of this Treaty.
    (b) The Assembly shall perform the function allocated to it 
under Article 17(2) in respect of the admission of certain 
intergovernmental organizations to become party to this Treaty.
    (c) The Assembly shall decide the convocation of any 
diplomatic conference for the revision of this Treaty and give 
the necessary instructions to the Director General of WIPO for 
the preparation of such diplomatic conference.
    (3)(a) Each Contracting Party that is a State shall have 
one vote and shall vote only in its own name.
    (b) Any Contracting Party that is an intergovernmental 
organization may participate in the vote, in place of its 
Member States, with a number of votes equal to the number of 
its Member States which are party to this Treaty. No such 
intergovernmental organization shall participate in the vote if 
any one of its Member States exercises its right to vote and 
vice versa.
    (4) The Assembly shall meet in ordinary session once every 
two years upon convocation by the Director General of WIPO.
    (5) The Assembly shall establish its own rules of 
procedure, including the convocation of extraordinary sessions, 
the requirements of a quorum and, subject to the provisions of 
this Treaty, the required majority for various kinds of 
decisions.

                    Article 16--International Bureau

    The International Bureau of WIPO shall perform the 
administrative tasks concerning the Treaty.

        Article 17--Eligibility for Becoming Party to the Treaty

    (1) Any Member State of WIPO may become party to this 
Treaty.
    (2) The Assembly may decide to admit any intergovernmental 
organization to become party to this Treaty which declares that 
it is competent in respect of, and has its own legislation 
binding on all its Member States on, matters covered by this 
Treaty and that it has been duly authorized, in accordance with 
its internal procedures, to become party to this Treaty.
    (3) The European Community, having made the declaration 
referred to in the preceding paragraph in the Diplomatic 
Conference that has adopted this Treaty, may become party to 
this Treaty.

          Article 18--Rights and Obligations under the Treaty

    Subject to any specific provisions to the contrary in this 
Treaty, each Contracting Party shall enjoy all of the rights 
and assume all of the obligations under this Treaty.

                  Article 19--Signature of the Treaty

    This Treaty shall be open for signature until December 31, 
1997, by any Member State of WIPO and by the European 
Community.

               Article 20--Entry into Force of the Treaty

    This Treaty shall enter into force three months after 30 
instruments of ratification or accession by States have been 
deposited with the Director General of WIPO.

       Article 21--Effective Date of Becoming Party to the Treaty

    This Treaty shall bind:
          (i) the 30 States referred to in Article 20, from the 
        date on which this Treaty has entered into force;
          (ii) each other State from the expiration of three 
        months from the date on which the State has deposited 
        its instrument with the Director General of WIPO;
          (iii) the European Community, from the expiration of 
        three months after the deposit of its instrument of 
        ratification or accession if such instrument has been 
        deposited after the entry into force of this Treaty 
        according to Article 20, or, three months after the 
        entry into force of this Treaty if such instrument has 
        been deposited before the entry into force of this 
        Treaty;
          (iv) any other intergovernmental organization that is 
        admitted to become party to this Treaty, from the 
        expiration of three months after the deposit of its 
        instrument of accession.

               Article 22--No Reservations to the Treaty

    No reservation to this Treaty shall be admitted.

                 Article 23--Denunciation of the Treaty

    This Treaty may be denounced by any Contracting Party by 
notification addressed to the Director General of WIPO. Any 
denunciation shall take effect one year from the date on which 
the Director General of WIPO received the notification.

                  Article 24--Languages of the Treaty

    (1) This Treaty is signed in a single original in English, 
Arabic, Chinese, French, Russian and Spanish languages, the 
versions in all these languages being equally authentic.
    (2) An official text in any language other than those 
referred to in paragraph (1) shall be established by the 
Director General of WIPO on the request of an interested party, 
after consultation with all the interested parties. For the 
purposes of this paragraph, ``interested party'' means any 
Member State of WIPO whose official language, or one of whose 
official languages, is involved and the European Community, and 
any other intergovernmental organization that may become party 
to this Treaty, if one of its official languages is involved.

                         Article 25--Depositary

    The Director General of WIPO is the depositary of this 
Treaty.
                      6. Trademark Law Treaty \1\

 Done at Geneva, October 27, 1994; Entered into force, August 1, 1996; 
 Ratification advised by the Senate, June 26, 1998; Entered into force 
                 for the United States, August 12, 2000

                   Article 1--Abbreviated Expressions

    For the purposes of this Treaty, unless expressly stated 
otherwise:
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    \1\ 2037 UNTS 35. For states that are parties to the Treaty, see 
Department of State publication, Treaties in Force.
---------------------------------------------------------------------------
          (i) ``Office'' means the agency entrusted by a 
        Contracting Party with the registration of marks;
          (ii) ``registration'' means the registration of a 
        mark by an Office;
          (iii) ``application'' means an application for 
        registration;
          (iv) references to a ``person'' shall be construed as 
        references to both a natural person and a legal entity;
          (v) ``holder'' means the person whom the register of 
        marks shows as the holder of the registration;
          (vi) ``register of marks'' means the collection of 
        data maintained by an Office, which includes the 
        contents of all registrations and all data recorded in 
        respect of all registrations, irrespective of the 
        medium in which such data are stored;
          (vii) ``Paris Convention'' means the Paris Convention 
        for the Protection of Industrial Property, signed at 
        Paris on March 20, 1883, as revised and amended;
          (viii) ``Nice Classification'' means the 
        classification established by the Nice Agreement 
        Concerning the International Classification of Goods 
        and Services for the Purposes of the Registration of 
        Marks, signed at Nice on June 15, 1957, as revised and 
        amended;
          (ix) ``Contracting Party'' means any State or 
        intergovernmental organization party to this Treaty;
          (x) references to an ``instrument of ratification'' 
        shall be construed as including references to 
        instruments of acceptance and approval;
          (xi) ``Organization'' means the World Intellectual 
        Property Organization;
          (xii) ``Director General'' means the Director General 
        of the Organization;
          (xiii) ``Regulations'' means the Regulations under 
        this Treaty that are referred to in Article 17.

              Article 2--Marks to Which the Treaty Applies

    (1) Nature of Marks
          (a) This Treaty shall apply to marks consisting of 
        visible signs, provided that only those Contracting 
        Parties which accept for registration three-dimensional 
        marks shall be obliged to apply this Treaty to such 
        marks.
          (b) This Treaty shall not apply to hologram marks and 
        to marks not consisting of visible signs, in 
        particular, sound marks and olfactory marks.
    (2) Kinds of Marks
          (a) This Treaty shall apply to marks relating to 
        goods (trademarks) or services (service marks) or both 
        goods and services.
          (b) This Treaty shall not apply to collective marks, 
        certification marks and guarantee marks.

                         Article 3--Application

    (1) Indications or Elements Contained in or Accompanying an 
Application; Fee
          (a) Any Contracting Party may require that an 
        application contain some or all of the following 
        indications or elements:
                  (i) a request for registration;
                  (ii) the name and address of the applicant;
                  (iii) the name of a State of which the 
                applicant is a national if he is the national 
                of any State, the name of a State in which the 
                applicant has his domicile, if any, and the 
                name of a State in which the applicant has a 
                real and effective industrial or commercial 
                establishment, if any;
                  (iv) where the applicant is a legal entity, 
                the legal nature of that legal entity and the 
                State, and, where applicable, the territorial 
                unit within that State, under the law of which 
                the said legal entity has been organized;
                  (v) where the applicant has a representative, 
                the name and address of that representative;
                  (vi) where an address for service is required 
                under Article 4(2)(b), such address;
                  (vii) where the applicant wishes to take 
                advantage of the priority of an earlier 
                application, a declaration claiming the 
                priority of that earlier application, together 
                with indications and evidence in support of the 
                declaration of priority that may be required 
                pursuant to Article 4 of the Paris Convention;
                  (viii) where the applicant wishes to take 
                advantage of any protection resulting from the 
                display of goods and/or services in an 
                exhibition, a declaration to that effect, 
                together with indications in support of that 
                declaration, as required by the law of the 
                Contracting Party;
                  (ix) where the Office of the Contracting 
                Party uses characters (letters and numbers) 
                that it considers as being standard and where 
                the applicant wishes that the mark be 
                registered and published in standard 
                characters, a statement to that effect;
                  (x) where the applicant wishes to claim color 
                as a distinctive feature of the mark, a 
                statement to that effect as well as the name or 
                names of the color or colors claimed and an 
                indication, in respect of each color, of the 
                principal parts of the mark which are in that 
                color;
                  (xi) where the mark is a three-dimensional 
                mark, a statement to that effect;
                  (xii) one or more reproductions of the mark;
                  (xiii) a transliteration of the mark or of 
                certain parts of the mark;
                  (xiv) a translation of the mark or of certain 
                parts of the mark;
                  (xv) the names of the goods and/or services 
                for which the registration is sought, grouped 
                according to the classes of the Nice 
                Classification, each group preceded by the 
                number of the class of that Classification to 
                which that group of goods or services belongs 
                and presented in the order of the classes of 
                the said Classification;
                  (xvi) a signature by the person specified in 
                paragraph (4);
                  (xvii) a declaration of intention to use the 
                mark, as required by the law of the Contracting 
                Party.
          (b) The applicant may file, instead of or in addition 
        to the declaration of intention to use the mark 
        referred to in subparagraph (a)(xvii), a declaration of 
        actual use of the mark and evidence to that effect, as 
        required by the law of the Contracting Party.
          (c) Any Contracting Party may require that, in 
        respect of the application, fees be paid to the Office.
    (2) Presentation. As regards the requirements concerning 
the presentation of the application, no Contracting Party shall 
refuse the application,
          (i) where the application is presented in writing on 
        paper, if it is presented, subject to paragraph (3), on 
        a form corresponding to the application Form provided 
        for in the Regulations,
          (ii) where the Contracting Party allows the 
        transmittal of communications to the Office by 
        telefacsimile and the application is so transmitted, if 
        the paper copy resulting from such transmittal 
        corresponds, subject to paragraph (3), to the 
        application Form referred to in item (i).
    (3) Language. Any Contracting Party may require that the 
application be in the language, or in one of the languages, 
admitted by the Office. Where the Office admits more than one 
language, the applicant may be required to comply with any 
other language requirement applicable with respect to the 
Office, provided that the application may not be required to be 
in more than one language.
    (4) Signature
          (a) The signature referred to in paragraph 
        (1)(a)(xvi) may be the signature of the applicant or 
        the signature of his representative.
          (b) Notwithstanding subparagraph (a), any Contracting 
        Party may require that the declarations referred to in 
        paragraph (1)(a)(xvii) and (b) be signed by the 
        applicant himself even if he has a representative.
    (5) Single Application for Goods and/or Services in Several 
Classes. One and the same application may relate to several 
goods and/or services, irrespective of whether they belong to 
one class or to several classes of the Nice Classification.
    (6) Actual Use. Any Contracting Party may require that, 
where a declaration of intention to use has been filed under 
paragraph (1)(a)(xvii), the applicant furnish to the Office 
within a time limit fixed in its law, subject to the minimum 
time limit prescribed in the Regulations, evidence of the 
actual use of the mark, as required by the said law.
    (7) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) to (4) and (6) be complied with in respect of 
the application. In particular, the following may not be 
required in respect of the application throughout its pendency:
          (i) the furnishing of any certificate of, or extract 
        from, a register of commerce;
          (ii) an indication of the applicant's carrying on of 
        an industrial or commercial activity, as well as the 
        furnishing of evidence to that effect;
          (iii) an indication of the applicant's carrying on of 
        an activity corresponding to the goods and/or services 
        listed in the application, as well as the furnishing of 
        evidence to that effect;
          (iv) the furnishing of evidence to the effect that 
        the mark has been registered in the register of marks 
        of another Contracting Party or of a State party to the 
        Paris Convention which is not a Contracting Party, 
        except where the applicant claims the application of 
        Article 6quinquies of the Paris Convention.
    (8) Evidence. Any Contracting Party may require that 
evidence be furnished to the Office in the course of the 
examination of the application where the Office may reasonably 
doubt the veracity of any indication or element contained in 
the application.

             Article 4--Representation; Address for Service

    (1) Representatives Admitted to Practice. Any Contracting 
Party may require that any person appointed as representative 
for the purposes of any procedure before the Office be a 
representative admitted to practice before the Office.
    (2) Mandatory Representation; Address for Service
          (a) Any Contracting Party may require that, for the 
        purposes of any procedure before the Office, any person 
        who has neither a domicile nor a real and effective 
        industrial or commercial establishment on its territory 
        be represented by a representative.
          (b) Any Contracting Party may, to the extent that it 
        does not require representation in accordance with 
        subparagraph (a), require that, for the purposes of any 
        procedure before the Office, any person who has neither 
        a domicile nor a real and effective industrial or 
        commercial establishment on its territory have an 
        address for service on that territory.
    (3) Power of Attorney
          (a) Whenever a Contracting Party allows or requires 
        an applicant, a holder or any other interested person 
        to be represented by a representative before the 
        Office, it may require that the representative be 
        appointed in a separate communication (hereinafter 
        referred to as ``power of attorney'') indicating the 
        name of, and signed by, the applicant, the holder or 
        the other person, as the case may be.
          (b) The power of attorney may relate to one or more 
        applications and/or registrations identified in the 
        power of attorney or, subject to any exception 
        indicated by the appointing person, to all existing and 
        future applications and/or registrations of that 
        person.
          (c) The power of attorney may limit the powers of the 
        representative to certain acts. Any Contracting Party 
        may require that any power of attorney under which the 
        representative has the right to withdraw an application 
        or to surrender a registration contain an express 
        indication to that effect.
          (d) Where a communication is submitted to the Office 
        by a person who refers to himself in the communication 
        as a representative but where the Office is, at the 
        time of the receipt of the communication, not in 
        possession of the required power of attorney, the 
        Contracting Party may require that the power of 
        attorney be submitted to the Office within the time 
        limit fixed by the Contracting Party, subject to the 
        minimum time limit prescribed in the Regulations. Any 
        Contracting Party may provide that, where the power of 
        attorney has not been submitted to the Office within 
        the time limit fixed by the Contracting Party, the 
        communication by the said person shall have no effect.
          (e) As regards the requirements concerning the 
        presentation and contents of the power of attorney, no 
        Contracting Party shall refuse the effects of the power 
        of attorney,
                  (i) where the power of attorney is presented 
                in writing on paper, if it is presented, 
                subject to paragraph (4), on a form 
                corresponding to the power of attorney Form 
                provided for in the Regulations,
                  (ii) where the Contracting Party allows the 
                transmittal of communications to the Office by 
                telefacsimile and the power of attorney is so 
                transmitted, if the paper copy resulting from 
                such transmittal corresponds, subject to 
                paragraph (4), to the power of attorney Form 
                referred to in item (i).
    (4) Language. Any Contracting Party may require that the 
power of attorney be in the language, or in one of the 
languages, admitted by the Office.
    (5) Reference to Power of Attorney. Any Contracting Party 
may require that any communication made to the Office by a 
representative for the purposes of a procedure before the 
Office contain a reference to the power of attorney on the 
basis of which the representative acts.
    (6) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (3) to (5) be complied with in respect of the 
matters dealt with in those paragraphs.
    (7) Evidence. Any Contracting Party may require that 
evidence be furnished to the Office where the Office may 
reasonably doubt the veracity of any indication contained in 
any communication referred to in paragraphs (2) to (5).

                         Article 5--Filing Date

    (1) Permitted Requirements
          (a) Subject to subparagraph (b) and paragraph (2), a 
        Contracting Party shall accord as the filing date of an 
        application the date on which the Office received the 
        following indications and elements in the language 
        required under Article 3(3):
                  (i) an express or implicit indication that 
                the registration of a mark is sought;
                  (ii) indications allowing the identity of the 
                applicant to be established;
                  (iii) indications sufficient to contact the 
                applicant or his representative, if any, by 
                mail;
                  (iv) a sufficiently clear reproduction of the 
                mark whose registration is sought;
                  (v) the list of the goods and/or services for 
                which the registration is sought;
                  (vi) where Article 3(1)(a)(xvii) or (b) 
                applies, the declaration referred to in Article 
                3(1)(a)(xvii) or the declaration and evidence 
                referred to in Article 3(1)(b), respectively, 
                as required by the law of the Contracting 
                Party, those declarations being, if so required 
                by the said law, signed by the applicant 
                himself even if he has a representative.
          (b) Any Contracting Party may accord as the filing 
        date of the application the date on which the Office 
        received only some, rather than all, of the indications 
        and elements referred to in subparagraph (a) or 
        received them in a language other than the language 
        required under Article 3(3).
    (2) Permitted Additional Requirement
          (a) A Contracting Party may provide that no filing 
        date shall be accorded until the required fees are 
        paid.
          (b) A Contracting Party may apply the requirement 
        referred to in subparagraph (a) only if it applied such 
        requirement at the time of becoming party to this 
        Treaty.
    (3) Corrections and Time Limits. The modalities of, and 
time limits for, corrections under paragraphs (1) and (2) shall 
be fixed in the Regulations.
    (4) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) and (2) be complied with in respect of the 
filing date.

  Article 6--Single Registration for Goods and/or Services in Several 
                                Classes

    Where goods and/or services belonging to several classes of 
the Nice Classification have been included in one and the same 
application, such an application shall result in one and the 
same registration.

          Article 7--Division of Application and Registration

    (1) Division of Application
          (a) Any application listing several goods and/or 
        services (hereinafter referred to as ``initial 
        application'') may,
                  (i) at least until the decision by the Office 
                on the registration of the mark,
                  (ii) during any opposition proceedings 
                against the decision of the Office to register 
                the mark,
                  (iii) during any appeal proceedings against 
                the decision on the registration of the mark, 
                be divided by the applicant or at his request 
                into two or more applications (hereinafter 
                referred to as ``divisional applications'') by 
                distributing among the latter the goods and/or 
                services listed in the initial application. The 
                divisional applications shall preserve the 
                filing date of the initial application and the 
                benefit of the right of priority, if any.
          (b) Any Contracting Party shall, subject to 
        subparagraph (a), be free to establish requirements for 
        the division of an application, including the payment 
        of fees.
    (2) Division of Registration. Paragraph (1) shall apply, 
mutatis mutandis, with respect to a division of a registration. 
Such a division shall be permitted
          (i) during any proceedings in which the validity of 
        the registration is challenged before the Office by a 
        third party,
          (ii) during any appeal proceedings against a decision 
        taken by the Office during the former proceedings, 
        provided that a Contracting Party may exclude the 
        possibility of the division of registrations if its law 
        allows third parties to oppose the registration of a 
        mark before the mark is registered.

                          Article 8--Signature

    (1) Communication on Paper. Where a communication to the 
Office of a Contracting Party is on paper and a signature is 
required, that Contracting Party
          (i) shall, subject to item (iii), accept a 
        handwritten signature,
          (ii) shall be free to allow, instead of a handwritten 
        signature, the use of other forms of signature, such as 
        a printed or stamped signature, or the use of a seal,
          (iii) may, where the natural person who signs the 
        communication is its national and such person's address 
        is in its territory, require that a seal be used 
        instead of a handwritten signature,
          (iv) may, where a seal is used, require that the seal 
        be accompanied by an indication in letters of the name 
        of the natural person whose seal is used.
    (2) Communication by Telefacsimile
          (a) Where a Contracting Party allows the transmittal 
        of communications to the Office by telefacsimile, it 
        shall consider the communication signed if, on the 
        printout produced by the telefacsimile, the 
        reproduction of the signature, or the reproduction of 
        the seal together with, where required under paragraph 
        (1)(iv), the indication in letters of the name of the 
        natural person whose seal is used, appears.
          (b) The Contracting Party referred to in subparagraph 
        (a) may require that the paper whose reproduction was 
        transmitted by telefacsimile be filed with the Office 
        within a certain period, subject to the minimum period 
        prescribed in the Regulations.
    (3) Communication by Electronic Means. Where a Contracting 
Party allows the transmittal of communications to the Office by 
electronic means, it shall consider the communication signed if 
the latter identifies the sender of the communication by 
electronic means as prescribed by the Contracting Party.
    (4) Prohibition of Requirement of Certification. No 
Contracting Party may require the attestation, notarization, 
authentication, legalization or other certification of any 
signature or other means of self-identification referred to in 
the preceding paragraphs, except, if the law of the Contracting 
Party so provides, where the signature concerns the surrender 
of a registration.

           Article 9--Classification of Goods and/or Services

    (1) Indications of Goods and/or Services. Each registration 
and any publication effected by an Office which concerns an 
application or registration and which indicates goods and/or 
services shall indicate the goods and/or services by their 
names, grouped according to the classes of the Nice 
Classification, and each group shall be preceded by the number 
of the class of that Classification to which that group of 
goods or services belongs and shall be presented in the order 
of the classes of the said Classification.
    (2) Goods or Services in the Same Class or in Different 
Classes
          (a) Goods or services may not be considered as being 
        similar to each other on the ground that, in any 
        registration or publication by the Office, they appear 
        in the same class of the Nice Classification.
          (b) Goods or services may not be considered as being 
        dissimilar from each other on the ground that, in any 
        registration or publication by the Office, they appear 
        in different classes of the Nice Classification.

               Article 10--Changes in Names or Addresses

    (1) Changes in the Name or Address of the Holder
          (a) Where there is no change in the person of the 
        holder but there is a change in his name and/or 
        address, each Contracting Party shall accept that a 
        request for the recordal of the change by the Office in 
        its register of marks be made in a communication signed 
        by the holder or his representative and indicating the 
        registration number of the registration concerned and 
        the change to be recorded. As regards the requirements 
        concerning the presentation of the request, no 
        Contracting Party shall refuse the request,
                  (i) where the request is presented in writing 
                on paper, if it is presented, subject to 
                subparagraph (c), on a form corresponding to 
                the request Form provided for in the 
                Regulations,
                  (ii) where the Contracting Party allows the 
                transmittal of communications to the Office by 
                telefacsimile and the request is so 
                transmitted, if the paper copy resulting from 
                such transmittal corresponds, subject to 
                subparagraph (c), to the request Form referred 
                to in item (i).
          (b) Any Contracting Party may require that the 
        request indicate
                  (i) the name and address of the holder;
                  (ii) where the holder has a representative, 
                the name and address of that representative;
                  (iii) where the holder has an address for 
                service, such address.
          (c) Any Contracting Party may require that the 
        request be in the language, or in one of the languages, 
        admitted by the Office.
          (d) Any Contracting Party may require that, in 
        respect of the request, a fee be paid to the Office.
          (e) A single request shall be sufficient even where 
        the change relates to more than one registration, 
        provided that the registration numbers of all 
        registrations concerned are indicated in the request.
    (2) Change in the Name or Address of the Applicant. 
Paragraph (1) shall apply, mutatis mutandis, where the change 
concerns an application or applications, or both an application 
or applications and a registration or registrations, provided 
that, where the application number of any application concerned 
has not yet been issued or is not known to the applicant or his 
representative, the request otherwise identifies that 
application as prescribed in the Regulations.
    (3) Change in the Name or Address of the Representative or 
in the Address for Service. Paragraph (1) shall apply, mutatis 
mutandis, to any change in the name or address of the 
representative, if any, and to any change relating to the 
address for service, if any.
    (4) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) to (3) be complied with in respect of the 
request referred to in this Article. In particular, the 
furnishing of any certificate concerning the change may not be 
required.
    (5) Evidence. Any Contracting Party may require that 
evidence be furnished to the Office where the Office may 
reasonably doubt the veracity of any indication contained in 
the request.

                    Article 11--Change in Ownership

    (1) Change in the Ownership of a Registration
          (a) Where there is a change in the person of the 
        holder, each Contracting Party shall accept that a 
        request for the recordal of the change by the Office in 
        its register of marks be made in a communication signed 
        by the holder or his representative, or by the person 
        who acquired the ownership (hereinafter referred to as 
        ``new owner'') or his representative, and indicating 
        the registration number of the registration concerned 
        and the change to be recorded. As regards the 
        requirements concerning the presentation of the 
        request, no Contracting Party shall refuse the request,
                  (i) where the request is presented in writing 
                on paper, if it is presented, subject to 
                paragraph (2)(a), on a form corresponding to 
                the request Form provided for in the 
                Regulations,
                  (ii) where the Contracting Party allows the 
                transmittal of communications to the Office by 
                telefacsimile and the request is so 
                transmitted, if the paper copy resulting from 
                such transmittal corresponds, subject to 
                paragraph (2)(a), to the request Form referred 
                to in item (i).
          (b) Where the change in ownership results from a 
        contract, any Contracting Party may require that the 
        request indicate that fact and be accompanied, at the 
        option of the requesting party, by one of the 
        following:
                  (i) a copy of the contract, which copy may be 
                required to be certified, by a notary public or 
                any other competent public authority, as being 
                in conformity with the original contract;
                  (ii) an extract of the contract showing the 
                change in ownership, which extract may be 
                required to be certified, by a notary public or 
                any other competent public authority, as being 
                a true extract of the contract;
                  (iii) an uncertified certificate of transfer 
                drawn up in the form and with the content as 
                prescribed in the Regulations and signed by 
                both the holder and the new owner;
                  (iv) an uncertified transfer document drawn 
                up in the form and with the content as 
                prescribed in the Regulations and signed by 
                both the holder and the new owner.
          (c) Where the change in ownership results from a 
        merger, any Contracting Party may require that the 
        request indicate that fact and be accompanied by a copy 
        of a document, which document originates from the 
        competent authority and evidences the merger, such as a 
        copy of an extract from a register of commerce, and 
        that that copy be certified by the authority which 
        issued the document or by a notary public or any other 
        competent public authority, as being in conformity with 
        the original document.
          (d) Where there is a change in the person of one or 
        more but not all of several co-holders and such change 
        in ownership results from a contract or a merger, any 
        Contracting Party may require that any co-holder in 
        respect of which there is no change in ownership give 
        his express consent to the change in ownership in a 
        document signed by him.
          (e) Where the change in ownership does not result 
        from a contract or a merger but from another ground, 
        for example, from operation of law or a court decision, 
        any Contracting Party may require that the request 
        indicate that fact and be accompanied by a copy of a 
        document evidencing the change and that that copy be 
        certified as being in conformity with the original 
        document by the authority which issued the document or 
        by a notary public or any other competent public 
        authority.
          (f) Any Contracting Party may require that the 
        request indicate
                  (i) the name and address of the holder;
                  (ii) the name and address of the new owner;
                  (iii) the name of a State of which the new 
                owner is a national if he is the national of 
                any State, the name of a State in which the new 
                owner has his domicile, if any, and the name of 
                a State in which the new owner has a real and 
                effective industrial or commercial 
                establishment, if any;
                  (iv) where the new owner is a legal entity, 
                the legal nature of that legal entity and the 
                State, and, where applicable, the territorial 
                unit within that State, under the law of which 
                the said legal entity has been organized;
                  (v) where the holder has a representative, 
                the name and address of that representative;
                  (vi) where the holder has an address for 
                service, such address;
                  (vii) where the new owner has a 
                representative, the name and address of that 
                representative;
                  (viii) where the new owner is required to 
                have an address for service under Article 
                4(2)(b), such address.
          (g) Any Contracting Party may require that, in 
        respect of the request, a fee be paid to the Office.
          (h) A single request shall be sufficient even where 
        the change relates to more than one registration, 
        provided that the holder and the new owner are the same 
        for each registration and that the registration numbers 
        of all registrations concerned are indicated in the 
        request.
          (i) Where the change of ownership does not affect all 
        the goods and/or services listed in the holder's 
        registration, and the applicable law allows the 
        recording of such change, the Office shall create a 
        separate registration referring to the goods and/or 
        services in respect of which the ownership has changed.
    (2) Language; Translation
          (a) Any Contracting Party may require that the 
        request, the certificate of transfer or the transfer 
        document referred to in paragraph (1) be in the 
        language, or in one of the languages, admitted by the 
        Office.
          (b) Any Contracting Party may require that, if the 
        documents referred to in paragraph (1)(b)(i) and (ii), 
        (c) and (e) are not in the language, or in one of the 
        languages, admitted by the Office, the request be 
        accompanied by a translation or a certified translation 
        of the required document in the language, or in one of 
        the languages, admitted by the Office.
    (3) Change in the Ownership of an Application. Paragraphs 
(1) and (2) shall apply, mutatis mutandis, where the change in 
ownership concerns an application or applications, or both an 
application or applications and a registration or 
registrations, provided that, where the application number of 
any application concerned has not yet been issued or is not 
known to the applicant or his representative, the request 
otherwise identifies that application as prescribed in the 
Regulations.
    (4) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) to (3) be complied with in respect of the 
request referred to in this Article. In particular, the 
following may not be required:
          (i) subject to paragraph (1)(c), the furnishing of 
        any certificate of, or extract from, a register of 
        commerce;
          (ii) an indication of the new owner's carrying on of 
        an industrial or commercial activity, as well as the 
        furnishing of evidence to that effect;
          (iii) an indication of the new owner's carrying on of 
        an activity corresponding to the goods and/or services 
        affected by the change in ownership, as well as the 
        furnishing of evidence to either effect;
          (iv) an indication that the holder transferred, 
        entirely or in part, his business or the relevant 
        goodwill to the new owner, as well as the furnishing of 
        evidence to either effect.
    (5) Evidence. Any Contracting Party may require that 
evidence, or further evidence where paragraph (1)(c) or (e) 
applies, be furnished to the Office where that Office may 
reasonably doubt the veracity of any indication contained in 
the request or in any document referred to in the present 
Article.

                  Article 12--Correction of a Mistake

    (1) Correction of a Mistake in Respect of a Registration
          (a) Each Contracting Party shall accept that the 
        request for the correction of a mistake which was made 
        in the application or other request communicated to the 
        Office and which mistake is reflected in its register 
        of marks and/or any publication by the Office be made 
        in a communication signed by the holder or his 
        representative and indicating the registration number 
        of the registration concerned, the mistake to be 
        corrected and the correction to be entered. As regards 
        the requirements concerning the presentation of the 
        request, no Contracting Party shall refuse the request,
                  (i) where the request is presented in writing 
                on paper, if it is presented, subject to 
                subparagraph (c), on a form corresponding to 
                the request Form provided for in the 
                Regulations,
                  (ii) where the Contracting Party allows the 
                transmittal of communications to the Office by 
                telefacsimile and the request is so 
                transmitted, if the paper copy resulting from 
                such transmittal corresponds, subject to 
                subparagraph (c), to the request Form referred 
                to in item (i).
          (b) Any Contracting Party may require that the 
        request indicate
                  (i) the name and address of the holder;
                  (ii) where the holder has a representative, 
                the name and address of that representative;
                  (iii) where the holder has an address for 
                service, such address.
          (c) Any Contracting Party may require that the 
        request be in the language, or in one of the languages, 
        admitted by the Office.
          (d) Any Contracting Party may require that, in 
        respect of the request, a fee be paid to the Office.
          (e) A single request shall be sufficient even where 
        the correction relates to more than one registration of 
        the same person, provided that the mistake and the 
        requested correction are the same for each registration 
        and that the registration numbers of all registrations 
        concerned are indicated in the request.
    (2) Correction of a Mistake in Respect of an Application. 
Paragraph (1) shall apply, mutatis mutandis, where the mistake 
concerns an application or applications, or both an application 
or applications and a registration or registrations, provided 
that, where the application number of any application concerned 
has not yet been issued or is not known to the applicant or his 
representative, the request otherwise identifies that 
application as prescribed in the Regulations.
    (3) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) and (2) be complied with in respect of the 
request referred to in this Article.
    (4) Evidence. Any Contracting Party may require that 
evidence be furnished to the Office where the Office may 
reasonably doubt that the alleged mistake is in fact a mistake.
    (5) Mistakes Made by the Office. The Office of a 
Contracting Party shall correct its own mistakes, ex officio or 
upon request, for no fee.
    (6) Uncorrectable Mistakes. No Contracting Party shall be 
obliged to apply paragraphs (1), (2) and (5) to any mistake 
which cannot be corrected under its law.

            Article 13--Duration and Renewal of Registration

    (1) Indications or Elements Contained in or Accompanying a 
Request for Renewal; Fee
          (a) Any Contracting Party may require that the 
        renewal of a registration be subject to the filing of a 
        request and that such request contain some or all of 
        the following indications:
                  (i) an indication that renewal is sought;
                  (ii) the name and address of the holder;
                  (iii) the registration number of the 
                registration concerned;
                  (iv) at the option of the Contracting Party, 
                the filing date of the application which 
                resulted in the registration concerned or the 
                registration date of the registration 
                concerned;
                  (v) where the holder has a representative, 
                the name and address of that representative;
                  (vi) where the holder has an address for 
                service, such address;
                  (vii) where the Contracting Party allows the 
                renewal of a registration to be made for some 
                only of the goods and/or services which are 
                recorded in the register of marks and such a 
                renewal is requested, the names of the recorded 
                goods and/or services for which the renewal is 
                requested or the names of the recorded goods 
                and/or services for which the renewal is not 
                requested, grouped according to the classes of 
                the Nice Classification, each group preceded by 
                the number of the class of that Classification 
                to which that group of goods or services 
                belongs and presented in the order of the 
                classes of the said Classification;
                  (viii) where a Contracting Party allows a 
                request for renewal to be filed by a person 
                other than the holder or his representative and 
                the request is filed by such a person, the name 
                and address of that person;
                  (ix) a signature by the holder or his 
                representative or, where item (viii) applies, a 
                signature by the person referred to in that 
                item.
          (b) Any Contracting Party may require that, in 
        respect of the request for renewal, a fee be paid to 
        the Office. Once the fee has been paid in respect of 
        the initial period of the registration or of any 
        renewal period, no further payment may be required for 
        the maintenance of the registration in respect of that 
        period. Fees associated with the furnishing of a 
        declaration and/or evidence of use shall not be 
        regarded, for the purposes of this subparagraph, as 
        payments required for the maintenance of the 
        registration and shall not be affected by this 
        subparagraph.
          (c) Any Contracting Party may require that the 
        request for renewal be presented, and the corresponding 
        fee referred to in subparagraph (b) be paid, to the 
        Office within the period fixed by the law of the 
        Contracting Party, subject to the minimum periods 
        prescribed in the Regulations.
    (2) Presentation. As regards the requirements concerning 
the presentation of the request for renewal, no Contracting 
Party shall refuse the request,
          (i) where the request is presented in writing on 
        paper, if it is presented, subject to paragraph (3), on 
        a form corresponding to the request Form provided for 
        in the Regulations,
          (ii) where the Contracting Party allows the 
        transmittal of communications to the Office by 
        telefacsimile and the request is so transmitted, if the 
        paper copy resulting from such transmittal corresponds, 
        subject to paragraph (3), to the request Form referred 
        to in item (i).
    (3) Language. Any Contracting Party may require that the 
request for renewal be in the language, or in one of the 
languages, admitted by the Office.
    (4) Prohibition of Other Requirements. No Contracting Party 
may demand that requirements other than those referred to in 
paragraphs (1) to (3) be complied with in respect of the 
request for renewal. In particular, the following may not be 
required:
          (i) any reproduction or other identification of the 
        mark;
          (ii) the furnishing of evidence to the effect that 
        the mark has been registered, or that its registration 
        has been renewed, in the register of marks of any other 
        Contracting Party;
          (iii) the furnishing of a declaration and/or evidence 
        concerning use of the mark.
    (5) Evidence. Any Contracting Party may require that 
evidence be furnished to the Office in the course of the 
examination of the request for renewal where the Office may 
reasonably doubt the veracity of any indication or element 
contained in the request for renewal.
    (6) Prohibition of Substantive Examination. No Office of a 
Contracting Party may, for the purposes of effecting the 
renewal, examine the registration as to substance.
    (7) Duration. The duration of the initial period of the 
registration, and the duration of each renewal period, shall be 
10 years.

          Article 14--Observations in Case of Intended Refusal

    An application or a request under Articles 10 to 13 may not 
be refused totally or in part by an Office without giving the 
applicant or the requesting party, as the case may be, an 
opportunity to make observations on the intended refusal within 
a reasonable time limit.

       Article 15--Obligation to Comply with the Paris Convention

    Any Contracting Party shall comply with the provisions of 
the Paris Convention which concern marks.

                       Article 16--Service Marks

    Any Contracting Party shall register service marks and 
apply to such marks the provisions of the Paris Convention 
which concern trademarks.

                        Article 17--Regulations

    (1) Content
          (a) The Regulations annexed to this Treaty provide 
        rules concerning
                  (i) matters which this Treaty expressly 
                provides to be ``prescribed in the 
                Regulations'';
                  (ii) any details useful in the implementation 
                of the provisions of this Treaty;
                  (iii) any administrative requirements, 
                matters or procedures.
          (b) The Regulations also contain Model International 
        Forms.
    (2) Conflict Between the Treaty and the Regulations. In the 
case of conflict between the provisions of this Treaty and 
those of the Regulations, the former shall prevail.

                    Article 18--Revision; Protocols

    (1) Revision. This Treaty may be revised by a diplomatic 
conference.
    (2) Protocols. For the purposes of further developing the 
harmonization of laws on marks, protocols may be adopted by a 
diplomatic conference insofar as those protocols do not 
contravene the provisions of this Treaty.

                Article 19--Becoming Party to the Treaty

    (1) Eligibility. The following entities may sign and, 
subject to paragraphs (2) and (3) and Article 20(1) and (3), 
become party to this Treaty:
          (i) any State member of the Organization in respect 
        of which marks may be registered with its own Office;
          (ii) any intergovernmental organization which 
        maintains an Office in which marks may be registered 
        with effect in the territory in which the constituting 
        treaty of the intergovernmental organization applies, 
        in all its member States or in those of its member 
        States which are designated for such purpose in the 
        relevant application, provided that all the member 
        States of the intergovernmental organization are 
        members of the Organization;
          (iii) any State member of the Organization in respect 
        of which marks may be registered only through the 
        Office of another specified State that is a member of 
        the Organization;
          (iv) any State member of the Organization in respect 
        of which marks may be registered only through the 
        Office maintained by an intergovernmental organization 
        of which that State is a member;
          (v) any State member of the Organization in respect 
        of which marks may be registered only through an Office 
        common to a group of States members of the 
        Organization.
    (2) Ratification or Accession. Any entity referred to in 
paragraph (1) may deposit
          (i) an instrument of ratification, if it has signed 
        this Treaty,
          (ii) an instrument of accession, if it has not signed 
        this Treaty.
    (3) Effective Date of Deposit
          (a) Subject to subparagraph (b), the effective date 
        of the deposit of an instrument of ratification or 
        accession shall be,
                  (i) in the case of a State referred to in 
                paragraph (1)(i), the date on which the 
                instrument of that State is deposited;
                  (ii) in the case of an intergovernmental 
                organization, the date on which the instrument 
                of that intergovernmental organization is 
                deposited;
                  (iii) in the case of a State referred to in 
                paragraph (1)(iii), the date on which the 
                following condition is fulfilled: the 
                instrument of that State has been deposited and 
                the instrument of the other, specified State 
                has been deposited;
                  (iv) in the case of a State referred to in 
                paragraph (1)(iv), the date applicable under 
                (ii), above;
                  (v) in the case of a State member of a group 
                of States referred to in paragraph (1)(v), the 
                date on which the instruments of all the States 
                members of the group have been deposited.
          (b) Any instrument of ratification or accession 
        (referred to in this subparagraph as ``instrument'') of 
        a State may be accompanied by a declaration making it a 
        condition to its being considered as deposited that the 
        instrument of one other State or one intergovernmental 
        organization, or the instruments of two other States, 
        or the instruments of one other State and one 
        intergovernmental organization, specified by name and 
        eligible to become party to this Treaty, is or are also 
        deposited. The instrument containing such a declaration 
        shall be considered to have been deposited on the day 
        on which the condition indicated in the declaration is 
        fulfilled. However, when the deposit of any instrument 
        specified in the declaration is, itself, accompanied by 
        a declaration of the said kind, that instrument shall 
        be considered as deposited on the day on which the 
        condition specified in the latter declaration is 
        fulfilled.
          (c) Any declaration made under paragraph (b) may be 
        withdrawn, in its entirety or in part, at any time. Any 
        such withdrawal shall become effective on the date on 
        which the notification of withdrawal is received by the 
        Director General.

       Article 20--Effective Date of Ratifications and Accessions

    (1) Instruments to Be Taken Into Consideration. For the 
purposes of this Article, only instruments of ratification or 
accession that are deposited by entities referred to in Article 
19(1) and that have an effective date according to Article 
19(3) shall be taken into consideration.
    (2) Entry Into Force of the Treaty. This Treaty shall enter 
into force three months after five States have deposited their 
instruments of ratification or accession.
    (3) Entry Into Force of Ratifications and Accessions 
Subsequent to the Entry Into Force of the Treaty. Any entity 
not covered by paragraph (2) shall become bound by this Treaty 
three months after the date on which it has deposited its 
instrument of ratification or accession.

                        Article 21--Reservations

    (1) Special Kinds of Marks. Any State or intergovernmental 
organization may declare through a reservation that, 
notwithstanding Article 2(1)(a) and (2)(a), any of the 
provisions of Articles 3(1) and (2), 5, 7, 11 and 13 shall not 
apply to associated marks, defensive marks or derivative marks. 
Such reservation shall specify those of the aforementioned 
provisions to which the reservation relates.
    (2) Modalities. Any reservation under paragraph (1) shall 
be made in a declaration accompanying the instrument of 
ratification of, or accession to, this Treaty of the State or 
intergovernmental organization making the reservation.
    (3) Withdrawal. Any reservation under paragraph (1) may be 
withdrawn at any time.
    (4) Prohibition of Other Reservations. No reservation to 
this Treaty other than the reservation allowed under paragraph 
(1) shall be permitted.

                  Article 22--Transitional Provisions

    (1) Single Application for Goods and Services in Several 
Classes; Division of Application
          (a) Any State or intergovernmental organization may 
        declare that, notwithstanding Article 3(5), an 
        application may be filed with the Office only in 
        respect of goods or services which belong to one class 
        of the Nice Classification.
          (b) Any State or intergovernmental organization may 
        declare that, notwithstanding Article 6, where goods 
        and/or services belonging to several classes of the 
        Nice Classification have been included in one and the 
        same application, such application shall result in two 
        or more registrations in the register of marks, 
        provided that each and every such registration shall 
        bear a reference to all other such registrations 
        resulting from the said application.
          (c) Any State or intergovernmental organization that 
        has made a declaration under subparagraph (a) may 
        declare that, notwithstanding Article 7(1), no 
        application may be divided.
    (2) Single Power of Attorney for More Than One Application 
and/or Registration. Any State or intergovernmental 
organization may declare that, notwithstanding Article 4(3)(b), 
a power of attorney may only relate to one application or one 
registration.
    (3) Prohibition of Requirement of Certification of 
Signature of Power of Attorney and of Signature of Application. 
Any State or intergovernmental organization may declare that, 
notwithstanding Article 8(4), the signature of a power of 
attorney or the signature by the applicant of an application 
may be required to be the subject of an attestation, 
notarization, authentication, legalization or other 
certification.
    (4) Single Request for More Than One Application and/or 
Registration in Respect of a Change in Name and/or Address, a 
Change in Ownership or a Correction of a Mistake. Any State or 
intergovernmental organization may declare that, 
notwithstanding Article 10(1)(e), (2) and (3), Article 11(1)(h) 
and (3) and Article 12(1)(e) and (2), a request for the 
recordal of a change in name and/or address, a request for the 
recordal of a change in ownership and a request for the 
correction of a mistake may only relate to one application or 
one registration.
    (5) Furnishing, on the Occasion of Renewal, of Declaration 
and/or Evidence Concerning Use. Any State or intergovernmental 
organization may declare that, notwithstanding Article 
13(4)(iii), it will require, on the occasion of renewal, the 
furnishing of a declaration and/or of evidence concerning use 
of the mark.
    (6) Substantive Examination on the Occasion of Renewal. Any 
State or intergovernmental organization may declare that, 
notwithstanding Article 13(6), the Office may, on the occasion 
of the first renewal of a registration covering services, 
examine such registration as to substance, provided that such 
examination shall be limited to the elimination of multiple 
registrations based on applications filed during a period of 
six months following the entry into force of the law of such 
State or organization that introduced, before the entry into 
force of this Treaty, the possibility of registering service 
marks.
    (7) Common Provisions
          (a) A State or an intergovernmental organization may 
        make a declaration under paragraphs (1) to (6) only if, 
        at the time of depositing its instrument of 
        ratification of, or accession to, this Treaty, the 
        continued application of its law would, without such a 
        declaration, be contrary to the relevant provisions of 
        this Treaty.
          (b) Any declaration under paragraphs (1) to (6) shall 
        accompany the instrument of ratification of, or 
        accession to, this Treaty of the State or 
        intergovernmental organization making the declaration.
          (c) Any declaration made under paragraphs (1) to (6) 
        may be withdrawn at any time.
    (8) Loss of Effect of Declaration
          (a) Subject to subparagraph (c), any declaration made 
        under paragraphs (1) to (5) by a State regarded as a 
        developing country in conformity with the established 
        practice of the General Assembly of the United Nations, 
        or by an intergovernmental organization each member of 
        which is such a State, shall lose its effect at the end 
        of a period of eight years from the date of entry into 
        force of this Treaty.
          (b) Subject to subparagraph (c), any declaration made 
        under paragraphs (1) to (5) by a State other than a 
        State referred to in subparagraph (a), or by an 
        intergovernmental organization other than an 
        intergovernmental organization referred to in 
        subparagraph (a), shall lose its effect at the end of a 
        period of six years from the date of entry into force 
        of this Treaty.
          (c) Where a declaration made under paragraphs (1) to 
        (5) has not been withdrawn under paragraph (7)(c), or 
        has not lost its effect under subparagraph (a) or (b), 
        before October 28, 2004, it shall lose its effect on 
        October 28, 2004.
    (9) Becoming Party to the Treaty. Until December 31, 1999, 
any State which, on the date of the adoption of this Treaty, is 
a member of the International (Paris) Union for the Protection 
of Industrial Property without being a member of the 
Organization may, notwithstanding Article 19(1)(i), become a 
party to this Treaty if marks may be registered with its own 
Office.

                 Article 23--Denunciation of the Treaty

    (1) Notification. Any Contracting Party may denounce this 
Treaty by notification addressed to the Director General.
    (2) Effective Date. Denunciation shall take effect one year 
from the date on which the Director General has received the 
notification. It shall not affect the application of this 
Treaty to any application pending or any mark registered in 
respect of the denouncing Contracting Party at the time of the 
expiration of the said one-year period, provided that the 
denouncing Contracting Party may, after the expiration of the 
said one-year period, discontinue applying this Treaty to any 
registration as from the date on which that registration is due 
for renewal.

             Article 24--Languages of the Treaty; Signature

    (1) Original Texts; Official Texts
          (a) This Treaty shall be signed in a single original 
        in the English, Arabic, Chinese, French, Russian and 
        Spanish languages, all texts being equally authentic.
          (b) At the request of a Contracting Party, an 
        official text in a language not referred to in 
        subparagraph (a) that is an official language of that 
        Contracting Party shall be established by the Director 
        General after consultation with the said Contracting 
        Party and any other interested Contracting Party.
    (2) Time Limit for Signature. This Treaty shall remain open 
for signature at the headquarters of the Organization for one 
year after its adoption.

                         Article 25--Depositary

    The Director General shall be the depositary of this 
Treaty.
                    7. Bilateral Investment Treaties

 a. Countries With Which the United States Has a Bilateral Investment 
                                 Treaty

------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Albania...................................  January 4, 1998
Argentina.................................  October 12, 1994
Armenia...................................  March 29, 1996
Azerbaijan................................  August 2, 2001
Bahrain...................................  May 30, 2001
Bangladesh................................  July 25, 1989
Bolivia...................................  June 6, 2001
Bulgaria..................................  June 2, 1994
Cameroon..................................  April 6, 1989
Congo, Democratic of......................  July 28, 1989
Congo, Republic of........................  August 13, 1994
Croatia...................................  June 20, 2001
Czech Republic............................  December 19, 1992
Ecuador...................................  May 11, 1997
Egypt.....................................  June 27, 1992
Estonia...................................  February 16, 1997
Georgia...................................  August 17, 1997
Grenada...................................  March 3, 1989
Honduras..................................  July 11, 2001
Jamaica...................................  March 7, 1997
Jordan....................................  June 12, 2003
Kazakhstan................................  January 12, 1994
Kyrgyzstan................................  January 12, 1994
Latvia....................................  December 26, 1996
Lithuania.................................  November 22, 2001
Moldova...................................  November 25, 1994
Mongolia..................................  January 1, 1997
Morocco...................................  May 29, 1991
Mozambique................................  March 3, 2005
Panama....................................  May 30, 1991, as amended May
                                             14, 2001
Poland....................................  August 6, 1994
Romania...................................  January 15, 1994
Senegal...................................  October 25, 1990
Slovakia..................................  December 19, 1992
Sri Lanka.................................  May 1, 1993
Trinidad and Tobago.......................  December 26, 1996
Tunisia...................................  February 7, 1993
Turkey....................................  May 18, 1990
Ukraine...................................  November 16, 1996
------------------------------------------------------------------------

     b. Treaty Between the United States and Jordan Concerning the 
       Encouragement and Reciprocal Protection of Investment \1\

  Signed at Amman, July 1, 1997; Ratification advised by the Senate, 
          October 18, 2000; Entered into force, June 12, 2003

    The Government of the United States of America and the 
Government of the Hashemite Kingdom of Jordan (hereinafter the 
Contracting ``Parties'');
---------------------------------------------------------------------------
    \1\ The full text of the Treaty Concerning the Encouragement and 
Reciprocal Protection of Investment Between Jordan and the United 
States of America is set out in this volume as a model of the other 38 
Bilateral Investment Treaties (BIT) that were in force for the United 
States as of December 31, 2005.

    Desiring to establish more effective cooperation in the 
---------------------------------------------------------------------------
area of mutual legal assistance in criminal matters;

    Desiring to promote greater economic cooperation between 
them, with respect to investment nationals and companies of one 
Contracting Party in the territory of the other Contracting 
Party;

    Recognizing that agreement upon the treatment to be 
accorded such investment will stimulate the flow of private 
capital and the economic development of the Contracting 
Parties;

    Agreeing that a stable framework for investment will 
maximize effective utilization of economic resources and 
improve living standards;

    Recognizing that the development of economic and business 
ties can promote respect for internationally recognized worker 
rights;

    Agreeing that these objectives can be achieved without 
relaxing health, safety and environmental measures of general 
application; and

    Having resolved to conclude a Treaty concerning the 
encouragement and reciprocal protection of investment;

    Have Agreed as follows:

                               Article I

                              Definitions

    For the purpose of this Treaty,
          (a) ``company'' means any entity constituted or 
        organized under applicable law, whether or not for 
        profit, and whether privately or governmentally owned 
        or controlled, and includes a corporation, trust, 
        partnership, sole proprietorship, branch, joint 
        venture, association, or other organization;
          (b) ``company of a Contracting Party'' means that a 
        company constituted or organized under the laws of that 
        Contracting Party;
          (c) ``national'' of a Contracting Party means a 
        natural person who is a national of that Contracting 
        Party under its applicable law;
          (d) ``investment'' of a national or company means 
        every kind of investment owned or controlled directly 
        or indirectly by that national or company, and includes 
        investment consisting or taking the form of:
                  (i) a company;
                  (ii) shares, stock, and other forms of equity 
                participation and bonds, debentures, and other 
                forms of debt interests, in a company;
                  (iii) contractual rights, such as under 
                turnkey, construction or management contracts, 
                production or revenue-sharing contracts, 
                concessions, or other similar contracts;
                  (iv) tangible property, including real 
                property; and intangible property, including 
                rights, such as leases, mortgages, liens and 
                pledges;
                  (v) intellectual property, including;
                          copyrights and related rights,
                          industrial property rights,
                          patents,
                          rights in plant varieties,
                          utility models,
                          industrial designs or models,
                          rights in semiconductor layout 
                        design,
                          indications of origin,
                          trade secrets, including know-how,
                          confidential business information,
                          trade and service marks, and
                          trade names; and
                  (vi) rights conferred pursuant to law, such 
                as licenses and permits;
          any change in the form of an investment does not 
        affect its character as an investment;
          (e) ``covered investment'' means an investment of a 
        national or company of a Contracting Party in the 
        territory of the other Contracting Party;
          (f) ``state enterprise'' means an investment of a 
        national or company of a Contracting Party in the 
        territory of the other Contracting Party;
          (g) ``investment authorization'' means an 
        authorization granted by the foreign investment 
        authority of a Contracting Party to a covered 
        investment or a national or company of the other 
        Contracting Party;
          (h) ``investment agreement'' means a written 
        agreement between the national authorities of a 
        Contracting Party and a covered investment or a 
        national or company of the other Contracting Party that 
        (i) grants rights with respect to natural resources or 
        other assets controlled by the national authorities and 
        (ii) the investment, national or company relies upon in 
        establishing or acquiring a covered investment;
          (i) ``ICSID Convention'' means the convention on the 
        Settlement of Investment Disputes between States and 
        Nationals of Other States, done at Washington, March 
        18, 1965;
          (j) ``Centre'' means the International Centre for 
        Settlement of Investment Disputes Established by the 
        ICSID Convention; and
          (k) ``UNCITRAL Arbitration Rules'' means the 
        arbitration rules of the United Nations Commission on 
        International Trade Law.

                               Article II

                 Treatment and Protection of Investment

    1. With respect to the establishment, acquisition, 
expansion, management, conduct, operation and sale or other 
disposition of covered investments, each Contracting Party 
shall accord treatment no less favorable than that it accords, 
in like situations, to investments in its territory of its own 
nationals or companies (hereinafter ``national treatment'') or 
to investments in its territory of nationals or companies of a 
third country (hereinafter ``most favored nation treatment''), 
whichever is most favorable (hereinafter ``national and most 
favored nation treatment''). Each Contracting Party shall 
ensure that its state enterprises, in the provision of their 
goods or services, accord national and most favored nation 
treatment to covered investments.
    2. (a) A Contracting Party may adopt or maintain exceptions 
to the obligations of paragraph 1 in the sectors or with 
respect to the matters specified in the Annex to this Treaty. 
In adopting such an exception, a Contracting Party may not 
require the divestment, in whole or in part, of covered 
investments existing at the time the exception becomes 
effective.
    (b) The obligations of paragraph 1 do not apply to 
procedures provided in multilateral agreements concluded under 
the auspices of the World Intellectual Property Organization 
relating to the acquisition or maintenance of intellectual 
property rights.
    3. (a) Each Contracting Party shall at all times accord to 
covered investments fair and equitable treatment and full 
protection and security, and shall in no case accord treatment 
less favorable than that required by international law.
    (b) Neither Contracting Party shall in any way impair by 
unreasonable and discriminatory measures the management, 
conduct, operation, and sale or other disposition of covered 
investments.
    4. Each Contracting Party shall provide effective means of 
asserting claims and enforcing rights with respect to covered 
investments.
    5. Each Contracting Party shall ensure that its laws, 
regulations, administrative practices and procedures of general 
application, and adjudicatory decisions, that pertain to or 
affect covered investments are promptly published or otherwise 
made publicly available.

                              Article III

                Expropriation and Compensation Therefore

    1. Neither Contracting Party shall expropriate or 
nationalize a covered investment either directly or indirectly 
through measures tantamount to expropriation or nationalization 
(``expropriation'') except for a public purpose; in a non-
discriminatory manner; upon payment of prompt, adequate and 
effective compensation; and in accordance with due process of 
law and the general principles of treatment provided for in 
Article II (3).
    2. Compensation shall be paid without delay; be equivalent 
to the fair market value of the expropriated investment 
immediately before the expropriatory action was taken (``the 
date of expropriation''); and fully realizable and freely 
transferable. The fair market value shall not reflect any 
change in value occurring because the expropriatory action had 
become known before the date of expropriation.
    3. If the fair market value is denominated in a freely 
usable currency, the compensation paid shall be no less than 
the fair market value on the date of expropriation, plus 
interest at a commercially reasonable rate for that currency, 
accrued from the date of expropriation until the date of 
payment.
    4. If the fair market value is denominated in a currency 
that is not freely usable, the compensation paid--converted 
into the currency of payment at the market rate of exchange 
prevailing on the date of payment--shall be no less than:
          (a) the fair market value on the date of 
        expropriation, converted into a freely usable currency 
        at the market rate of exchange prevailing on that date, 
        plus
          (b) interest, at a commercially reasonable rate for 
        that freely usable currency, accrued from the date of 
        expropriation until the date of payment.

                               Article IV

         Compensation for Damages Due to War and Similar Events

    1. Each Contracting Party shall accord national and most 
favored nation treatment to covered investments as regards any 
measure relating to losses that investments suffer in its 
territory owing to war or other armed conflict, revolution, 
state of national emergency, insurrection, civil disturbance, 
or similar events.
    2. Each Contracting Party shall accord restitution, or pay 
compensation in accordance with paragraphs 2 through 4 of 
Article III, in the event that covered investments suffer 
losses in its territory, owing to war or other armed conflict, 
revolution, state of national emergency, insurrection, civil 
disturbance, or similar events, that result from:
          (a) requisitioning of all or part of such investments 
        by the Contracting Party's forces or authorities, or
          (b) destruction of all or part of such investments by 
        the Contracting Party's forces or authorities that was 
        not required by the necessity of the situation.

                               Article V

                               Transfers

    1. Each Contracting Party shall permit all transfers 
relating to a covered investment to be made freely and without 
delay into and out of its territory. Such transfers include:
          (a) contributions to capital;
          (b) profits, dividends, capital gains, and proceeds 
        from the sale of all or any part of the investment or 
        from the partial or complete liquidation of the 
        investment;
          (c) interest, royalty payments, management fees, and 
        technical assistance and other fees;
          (d) payments made under a contract, including a loan 
        agreement;
          (e) compensation pursuant to Articles III and IV, and 
        payments arising out of an investment dispute;
          (f) earnings of a national of one Contracting Party 
        earned in the territory of the other Contracting Party 
        in earned in the territory of the other Contracting 
        Party in connection with a covered investment of that 
        national; and
          (g) other forms of income.
    2. Each Contracting Party shall permit returns in kind to 
be made as authorized or specified in an investment 
authorization, investment agreement, or other written agreement 
between the Contracting Party and a covered investment or a 
national or company of the other Contracting Party.
    3. Each Contracting Party shall permit returns in kind to 
be made as authorized or specified in an investment 
authorization, investment agreement, or other written agreement 
between the Contracting Party and a covered investment or a 
national or company of the other Contracting Party.
    4. Notwithstanding paragraphs 1 through 3, a Contracting 
Party may prevent a transfer through the equitable, non-
discriminatory and good faith application of its laws relating 
to:
          (a) bankruptcy, insolvency or the protection of the 
        rights of creditors;
          (b) issuing, trading or dealing in securities;
          (c) criminal or penal offenses; or
          (d) ensuring compliance with orders or judgments in 
        adjudicatory proceedings.

                               Article VI

                        Performance Requirements

    Neither Contracting Party shall mandate or enforce, as a 
condition for the establishment, acquisition, expansion, 
management, conduct or operation of a covered investment, any 
requirement (including any commitment or undertaking in 
connection with the receipt of a governmental permission or 
authorization):
          (a) to achieve a particular level or percentage of 
        local content, or to purchase, use or otherwise give a 
        preference to products or services of domestic origin 
        or from any domestic source;
          (b) to limit imports by the investment of products or 
        services in relation to a particular volume or value of 
        production, exports or foreign exchange earnings;
          (c) to export a particular type, level or percentage 
        of products or services, either generally or to a 
        specific market region;
          (d) to limit sales by the investment of products or 
        services in the Contracting Party's territory in 
        relation to a particular value or value of production, 
        exports or foreign exchange earnings;
          (e) to transfer technology, a production process or 
        other proprietary knowledge to a national or company in 
        the Contracting Party's territory, except pursuant to 
        an order, commitment or undertaking that is enforced by 
        a court, administrative tribunal or competition 
        authority to remedy an alleged or adjudicated violation 
        of competition laws; or
          (f) to carry out a particular type, level or 
        percentage of research and development in the 
        Contracting Party's territory.
Such requirements do not include conditions for the receipt or 
continued receipt of an advantage.

                              Article VII

                Entry, Sojourn and Employment of Aliens

    1. (a) Subject to its laws relating to the entry, sojourn 
and employment of aliens, each Contracting Party shall permit 
to enter and to remain in its territory nationals of the other 
Contracting Party for the purpose of establishing, developing, 
administering or advising on the operation of an investment to 
which they, or a company of the other Contracting Party that 
employs them, have committed or are in the process of 
committing a substantial amount of capital or other resources.
    (b) Neither Contracting Party shall, in granting entry 
under paragraph 1(a), require a labor certification test or 
other procedures of similar effect, or apply any numerical 
restriction.
    2. Each Contracting Party shall permit covered investments 
to engage top managerial personnel of their choice regardless 
of nationality.

                              Article VIII

                             Consultations

    The Contracting Parties agree to consult promptly, on the 
request of either, to resolve any disputes in connection with 
the Treaty, or to discuss any matter relating to the 
interpretation or application of the Treaty or to the 
realization of the objectives of the Treaty.

                               Article IX

Settlement of Disputes Between One Contracting Party and a National or 
                 Company of the Other Contracting Party

    1. For purposes of this Treaty, an investment dispute is a 
dispute between a Contracting Party and a national or company 
of the other Contracting Party arising out of or relating to an 
investment authorization, an investment agreement or an alleged 
breach of any right conferred, created or recognized by this 
Treaty with respect to a covered investment. In the event of an 
investment dispute, the parties to the dispute should initially 
seek a resolution through consultation and negotiation.
    2. A national or company that is a party to an investment 
dispute may submit the dispute of resolution under one of the 
following alternatives:
          (a) to the courts or administrative tribunals of the 
        Party that is a party to the dispute; or
          (b) in accordance with any applicable, previously 
        agreed dispute-settlement procedures; or
          (c) in accordance with the terms of paragraph 3.
    3. (a) Provided that the national or company concerned has 
not submitted the dispute for resolution under paragraph 2 (a) 
or (b), and that three months have elapsed from the date on 
which the dispute arouse, the national or company concerned may 
submit the dispute for settlement by binding arbitration:
          (i) to the Centre, if the Centre is available; or
          (ii) to the Additional Facility of the Centre, if the 
        Centre is not available; or
          (iii) in accordance with the UNCITRAL Arbitration 
        Rules; or
          (iv) if agreed by both parties to the dispute, to any 
        other arbitration institution or in accordance with any 
        other arbitration rules.
    (b) a national or company, notwithstanding that it may have 
submitted a dispute to binding arbitration under paragraph 3 
(a), may seek interim injunctive relief, not involving the 
payment of damages, before the judicial or administrative 
tribunals of the Contracting Party that is a party to the 
dispute, prior to the institution of the arbitral proceeding or 
during the proceeding, for the preservation of its rights and 
interests.
    4. Each Contracting Party hereby consents to the submission 
of any investment dispute for settlement by binding arbitration 
in accordance with the choice of the national or company under 
paragraph 3 (a) (i), (ii), and (iii) or the mutual agreement of 
both parties to the dispute under paragraph 3 (a) (iv). This 
consent and the submission of the dispute by a national or 
company under paragraph 3 (a) shall satisfy the requirements 
of:
          (a) Chapter II of the ICSID Convention (Jurisdiction 
        of the Centre) and the Additional Facility Rules for 
        written consent of the parties to the dispute; and
          (b) Article II of the United Nations Convention on 
        the Recognition and Enforcement of Foreign Arbitral 
        Awards, done at New York, June 10, 1958, for an 
        ``agreement in writing.''
    5. Any arbitration under paragraph 3 (a) (ii), (iii) or 
(iv) shall be held in a state that is a party to the United 
Nations Convention on the Recognition and Enforcement of 
Foreign Arbitral Awards, done at New York, June 10, 1958.
    6. Any arbitral award rendered pursuant to this Article 
shall be final and binding on the parties to the dispute. Each 
Contracting Party shall carry out without delay the provisions 
of any such award and provide in its territory for the 
enforcement of such award.
    7. In any proceeding involving an investment dispute, a 
Contracting Party shall not assert, as a defense, counterclaim, 
right of set-off or for any other reason, that indemnification 
or other compensation for all or part of the alleged damages 
has been received or will be received pursuant to an insurance 
or guarantee contract.
    8. For purposes of Article 2(2) (b) of the ICSID Convention 
and this Article, a company of a Contracting Party that, 
immediately before the occurrence of the event or events giving 
rise to an investment dispute, was a covered investment, shall 
be treated as a company of the other Contracting Party.

                               Article X

         Settlement of Disputes Between the Contracting Parties

    1. Any dispute between the Contracting Parties concerning 
the interpretation or application of the Treaty, that is not 
resolved through consultations or other diplomatic channels, 
shall be submitted upon the request of either Contracting Party 
to an arbitral tribunal for binding decision in accordance with 
the applicable rules of international law. In the absence of an 
agreement by the Contracting Parties to the contrary, the 
UNCITRAL Arbitration Rules shall govern, except to the extent 
these rules are (a) modified by the Contracting Parties or (b) 
modified by the arbitrators unless either Contracting Party 
objects to the proposed modification.
    2. Within two months of receipt of a request, each 
Contracting Party shall appoint an arbitrator. The two 
arbitrators shall select a third arbitrator as chairman, who 
shall be a national of a third state. The UNCITRAL Arbitration 
Rules applicable to appointing members of three-member panels 
shall apply mutatis mutandis to the appointment of the arbitral 
panel except that the appointing authority referenced in those 
rules shall be the Secretary General of the Centre.
    3. Unless otherwise agreed, all submissions shall be made 
and all hearings shall be completed within six months of the 
date of selection of the third arbitrator, and the arbitral 
panel shall render its decisions within two months of the date 
of the final submissions or the date of the closing of the 
hearings, whichever is later.
    4. Expenses incurred by the Chairman and other arbitrators, 
and other costs of the proceedings, shall be paid for equally 
by the Contracting Parties. However, the arbitral panel may, at 
its discretion, direct that a higher proportion of the costs be 
paid by one of the Contracting Parties.

                               Article XI

                      Preservation of Legal Rights

    This Treaty shall not derogate from any of the following 
that entitle covered investments to treatment more favorable 
than that accorded by this Treaty:
          (a) laws and regulations, administrative practices or 
        procedures, or administrative or adjudicatory decisions 
        of a Contracting Parties;
          (b) international legal obligations or
          (c) obligations assumed by a Contracting Party, 
        including those contained in an investment 
        authorization or an investment agreement.

                              Article XII

                           Denial of Benefits

    Each Contracting Party reserves the right to deny to a 
company of the other Contracting Party the benefits of this 
Treaty if nationals of a third country own or control the 
company and:
          (a) the denying Contracting Party does not maintain 
        normal economic relations with the third country; or
          (b) the company has no substantial business 
        activities in the territory of the Contracting Party 
        under whose laws it is constituted or organized.

                              Article XIII

                                Taxation

    1. No provision of this Treaty shall impose obligations 
with respect to tax matters, except that:
          (a) Articles III, IX and X will apply with respect to 
        expropriation; and
          (b) Article IX will apply with respect to an 
        investment agreement or an investment authorization.
    2. A national or company, that asserts in an investment 
dispute that a tax matter involves an expropriation, may submit 
that dispute to arbitration pursuant to Article IX(3) only if:
          (a) the national or company concerned has first 
        referred to the competent tax authorities of both 
        Contracting Parties the issue of whether the tax matter 
        involves an expropriation; and
          (b) the competent tax authorities have not both 
        determined within nine months from the time the 
        national or company referred the issue, that the matter 
        does not involve an expropriation.

                              Article XIV

                 Measures Not Precluded by This Treaty

    1. This Treaty shall not preclude a Contracting Party from 
applying measures necessary for the fulfillment of its 
obligations with respect to the maintenance or restoration of 
international peace or security, or the protection of its own 
essential security interests.
    2. This Treaty shall not preclude a Contracting Party from 
prescribing special formalities in connection with covered 
investments, such as a requirement that such investments be 
legally constituted under the laws and regulations of that 
Contracting Party, or a requirement that transfers of currency 
or other monetary instruments be reported, proved that such 
formalities shall not impair the substance of any of the rights 
set forth in this Treaty.

                               Article XV

    Application of this Treaty to Political Subdivisions and State 
                 Enterprises of the Contracting Parties

    1. (a) The obligations of this Treaty shall apply to the 
political subdivisions of the Contracting Parties.
    (b) With respect to the treatment accorded by a State, 
Territory or possession of the United States of America, 
national treatment means treatment no less favorable than the 
treatment accorded thereby, in like situations, to investments 
of nationals of the United States of America resident in, and 
companies legally constituted under the laws and regulations 
of, other States, Territories or possessions of the United 
States of America.
    2. A Contracting Party's obligations under this Treaty 
shall apply to a stat enterprise in the exercise of any 
regulatory, administrative or other governmental authority 
delegated to it by that Contracting Party.

                              Article XVI

               Entry Into Force, Duration and Termination

    1. This Treaty shall enter into forces thirty days after 
the date of exchange of instruments of ratification. It shall 
remain in force for a period of then years and shall continue 
in force unless terminated in accordance with paragraph 2. It 
shall apply to covered investments existing at the time of 
entry into force as well as to those established or acquired 
thereafter.
    2. A Contracting Party may terminate this Treaty at the end 
of the initial ten year period or at any time thereafter by 
giving one year's written notice to the other Contracting 
Party.
    3. For ten years from the date of termination, all other 
Articles shall continue to apply to covered investments 
established or acquired prior to the date of termination, 
except insofar as those Articles extend to the establishment or 
acquisition of covered investments.
    4. The Annex and Protocol shall form an integral part of 
the Treaty.

    In witness whereof, the respective plenipotentiaries have 
signed this Treaty.

    Done in duplicate at _____________ this _____, 1997, in the 
English and Arabic languages, each text being equally 
authentic.

    For the Government of the United States of America:
                                        Wesley W. Egan, Jr.
                                                [signature]

    For the Government of the Hashemite Kingdom of Jordan:
                                              Hani al-Mulki
                                                [signature]

                                 Annex

    1. The Government of the United States of America may adopt 
or maintain exceptions to the obligation to accord national 
treatment to covered investment in the sectors or with respect 
to the matters specified below:
        atomic energy; customhouse brokers; licenses for 
        broadcast, common carrier, or aeronautical radio 
        stations; COMSAT; subsidies or grants, including 
        governments-supported loans, guarantees and insurance; 
        state and local measures exempt from Article 1102 of 
        the North American Free Trade Agreement pursuant to 
        Article 1108 thereof; and landing of submarine cables.
Most favored nation treatment shall be accorded in the sectors 
and matters indicated above.
    2. The Government of the United States of America may adopt 
or maintain exceptions to the obligations to accord national 
treatment to covered investments in the sectors or with respect 
to the matters specified below:
        fisheries; air and maritime transport, and related 
        activities; banking, insurance, securities, and other 
        financial services; and minerals leases on government 
        land.
    3. The Government of the Hashemite Kingdom of Jordan may 
adopt or maintain exception to the obligations to accord 
national treatment to covered investments in the sectors and 
with respect to the matters specified below:
        air transport; ownership of bus transport companies; 
        ownership of construction contracting companies, but 
        not including cross-border provision of construction 
        services; small scale commerce with total invested 
        capital of no more than US$50,000 (or its equivalent in 
        national currency), as adjusted annually for the first 
        five years that the treaty is in force by the annual 
        percentage change in the GDP deflator of the United 
        States of America; ownership of banks and insurance 
        companies; ownership of companies engaged in 
        telecommunications systems operations, but not 
        including activities such as maintenance, equipment 
        production, equipment and spare parts sales, or other 
        telecommunications related services; extraction 
        concessions for minerals, including oil, natural gas 
        and oil shale; farming (not including animal husbandry) 
        on large tracts of land (greater than 500 acres or its 
        equivalent in dunums); ownership of agricultural land; 
        ownership of land in the Jordan valley and ownership of 
        land for non-business related purposes.
Most favored nation treatment shall be accorded in the sectors 
and matters indicated above.
    4. Notwithstanding paragraphs 1 and 3, each Party agrees to 
accord national treatment to covered investment in the 
following sectors:
        leasing of pipeline rights-of-way on government land.

                                Protocol

    1. With respect to Article I (d), the Contracting Parties 
confirm with their mutual understanding that either Contracting 
Party may require approvals or impose format requirements in 
connection with a change in the form of an investment, provided 
that such approvals or formal requirements are otherwise 
consistent with this Treaty.
    2. With regard to Article III (2), the term ``without 
delay'' does not necessarily mean instantaneous. The intent is 
that the Contracting Party diligently and expeditiously carry 
out necessary formalities.
8. Conventions for the Avoidance of Double Taxation and the Prevention 
           of Fiscal Evasion with Respect to Taxes on Income

  a. Countries With Which the United States has a Convention for the 
Avoidance of Double Taxation and the Prevention of Fiscal Evasion With 
                       Respect to Taxes on Income

------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Australia.................................  October 31, 1983
Austria...................................  July 1, 1983
Barbados..................................  November 3, 1984, as amended
                                             December 29, 1993 and
                                             December 20, 2004
Belguim...................................  July 9, 1970, as modified
                                             August 3, 1989
Canada....................................  August 16, 1984, as amended
                                             August 16, 1984 and August
                                             16, 1984
China.....................................  April 30, 1984, as amended
                                             November 21, 1986
Cyprus....................................  December 31, 1985
Czech Republic............................  December 23, 1993
Denmark...................................  March 31, 2000
Egypt.....................................  December 31, 1981
Estonia...................................  December 30, 1999
Finland...................................  December 30, 1990
France....................................  December 30, 1995
Germany...................................  August 21, 1991
Greece....................................  December 30, 1953
Hungary...................................  September 18, 1979
Iceland...................................  December 26, 1975
India.....................................  December 18, 1990
Indonesia.................................  December 30, 1990, as
                                             amended December 23, 1996
Ireland...................................  December 17, 1997, as
                                             amended September 24, 1999
Israel....................................  December 30, 1994, as
                                             amended May 30, 1980 and
                                             January 26, 1993
Italy.....................................  December 30, 1985
Jamaica...................................  December 29, 1981, as
                                             amended December 29, 1981
Japan.....................................  July 9, 1972
Kazakhstan................................  December 30, 1996
Korea, Republic of........................  October 20, 1979
Latvia....................................  December 30, 1999
Lithuania.................................  December 30, 1999
Luxembourg................................  December 20, 2000
Mexico....................................  December 28, 1993, as
                                             modified October 26, 1995
                                             and July 3, 2003
Morocco...................................  December 30, 1981
Netherlands...............................  December 31, 1993, as
                                             amended December 30, 1993
                                             and December 28, 2004
New Zealand...............................  November 2, 1983
Norway....................................  November 29, 1972, as
                                             amended December 15, 1981
Pakistan..................................  May 21, 1959
Philippines...............................  October 16, 1982
Poland....................................  July 22, 1976
Portugal..................................  December 18, 1995
Romania...................................  January 1, 1974
Russia....................................  December 16, 1993
Saudi Arabia..............................  January 31, 2000
Slovak Republic...........................  December 30, 1993
Slovenia..................................  June 22, 2001
South Africa..............................  December 28, 1997
Spain.....................................  November 21, 1990
Sweden....................................  October 26, 1995
Switzerland...............................  December 19, 1997
Thailand..................................  December 15, 1997
Trinidad and Tobago.......................  December 30, 1970
Tunisia...................................  December 26, 1990
Turkey....................................  December 19, 1997
Ukraine...................................  June 5, 2000
United Kingdom............................  March 31, 2003
Venezuela.................................  December 30, 1999
------------------------------------------------------------------------

 b. Convention Between the United States and Denmark for the Avoidance 
of Double Taxation and the Prevention of Fiscal Evasion With Respect to 
                          Taxes on Income \1\

  Signed at Washington, August 19, 1999; Ratification advised by the 
      Senate, November 5, 1999; Entered into force, March 31, 2000

    The Government of the United States of America and the 
Government of the Kingdom of Denmark, desiring to conclude a 
Convention for the avoidance of double taxation and the 
prevention of fiscal evasion with respect to taxes on income, 
have agreed as follows:
---------------------------------------------------------------------------
    \1\ The full text of the Convention Between the Government of the 
United States of America and the Government of the Kingdom of Denmark 
for the Avoidance of Double Taxation and the Prevention of Fiscal 
Evasion with Respect to Taxes on Income is set out in this volume as a 
model of the other 53 Tax Conventions that were in force for the United 
States as of December 31, 2005.
---------------------------------------------------------------------------

                               Article  1

                             General Scope

    1. Except as otherwise provided in this Convention, this 
Convention shall apply to persons who are residents of one or 
both of the Contracting States.
    2. This Convention shall not restrict in any manner any 
benefit now or hereafter accorded:
          a) by the laws of either Contracting State; or
          b) by any other agreement between the Contracting 
        States.
    3. Notwithstanding the provisions of subparagraph 2b):
          a) the provisions of Article 25 (Mutual Agreement 
        Procedure) of this Convention exclusively shall apply 
        to any dispute concerning whether a measure is within 
        the scope of this Convention, and the procedures under 
        this Convention exclusively shall apply to that 
        dispute; and
          b) unless the competent authorities determine that a 
        taxation measure is not within the scope of this 
        Convention, the non-discrimination obligations of this 
        Convention exclusively shall apply with respect to that 
        measure, except for such national treatment or most-
        favored-nation obligations as may apply to trade in 
        goods under the General Agreement on Tariffs and Trade. 
        No national treatment or most-favored-nation obligation 
        under any other agreement shall apply with respect to 
        that measure.
          c) For the purpose of this paragraph, a ``measure'' 
        is a law, regulation, rule, procedure, decision, 
        administrative action, or any similar provision or 
        action.
    4. Notwithstanding any provision of the Convention except 
paragraph 5 of this Article, a Contracting State may tax its 
residents (as determined under Article 4 (Residence)), and by 
reason of citizenship may tax its citizens, as if the 
Convention had not come into effect. For this purpose, the term 
``citizen'' shall include a former citizen or long-term 
resident whose loss of such status had as one of its principal 
purposes the avoidance of tax (as defined under the laws of the 
Contracting State of which the person was a citizen or long-
term resident), but only for a period of 10 years following 
such loss.
    5. The provisions of paragraph 4 shall not affect:
          a) the benefits conferred by a Contracting State 
        under paragraph 2 of Article 9 (Associated 
        Enterprises), paragraphs 7 and 8 of Article 13 (Capital 
        Gains), paragraphs 1 (c), 2 and 5 of Article 18 
        (Pensions, Social Security, Annuities, Alimony and 
        Child Support Payments), and Articles 23 (Relief from 
        Double Taxation), 24 (Non-Discrimination), and 25 
        (Mutual Agreement Procedure); and
          b) the benefits conferred by a Contracting State 
        under Articles 19 (Government Service), 20 (Students 
        and Trainees) and 28 (Diplomatic Agents and Consular 
        Officers), upon individuals who are neither citizens 
        of, nor have been admitted for permanent residence in, 
        that State.

                               Article 2

                             Taxes Covered

    1. The existing taxes to which this Convention applies are:
          a) in the United States:
                  (i) the Federal income taxes imposed by the 
                Internal Revenue Code (but excluding social 
                security taxes); and
                  (ii) the Federal excise taxes imposed with 
                respect to private foundations;
          b) in Denmark:
                  (i) the income tax to the State 
                (indkomstskatten til staten);
                  (ii) the municipal income tax (den kommunale 
                indkomstskat);
                  (iii) the income tax to the county 
                municipalities (den amtskommunale 
                indkomstskat); and
                  (iv) taxes imposed under the Hydrocarbon Tax 
                Act (skatter i henhold til 
                kulbrinteskatteloven).
    2. The Convention shall apply also to any identical or 
substantially similar taxes which are imposed after the date of 
signature of the Convention in addition to, or in place of, the 
existing taxes. The competent authorities of the Contracting 
States shall notify each other of any significant changes that 
have been made in their respective taxation laws or other laws 
affecting their obligations under the Convention, and of any 
official published material concerning the application of this 
Convention, including explanations, regulations, rulings, or 
judicial decisions.

                               Article 3

                          General Definitions

    1. For the purposes of this Convention, unless the context 
otherwise requires:
          a) the term ``person'' includes an individual, an 
        estate, a trust, a partnership, a company and any other 
        body of persons;
          b) the term ``company'' means any body corporate or 
        any entity which is treated as a body corporate for tax 
        purposes according to the laws of the state in which it 
        is organized;
          c) the terms ``enterprise of a Contracting State'' 
        and ``enterprise of the other Contracting State'' mean 
        respectively an enterprise carried on by a resident of 
        a Contracting State, and an enterprise carried on by a 
        resident of the other Contracting State; the terms also 
        include an enterprise carried on by a resident of a 
        Contracting State through an entity that is treated as 
        fiscally transparent in that Contracting State;
          d) the term ``international traffic'' means any 
        transport by a ship or aircraft, except when such 
        transport is solely between places in a Contracting 
        State;
          e) the term ``competent authority'' means:
                  (i) in the United States: the Secretary of 
                the Treasury or his delegate; and
                  (ii) in Denmark: the Minister for Taxation or 
                his authorized representative;
          f) the term ``United States'' means the United States 
        of America, and includes the states thereof and the 
        District of Columbia; such term also includes the 
        territorial sea thereof and the seabed and subsoil of 
        the submarine areas adjacent to that territorial sea, 
        over which the United States exercises sovereign rights 
        in accordance with international law; the term, 
        however, does not include Puerto Rico, the Virgin 
        Islands, Guam or any other United States possession or 
        territory.
          g) the term ``Denmark'' means the Kingdom of Denmark, 
        including any area outside the territorial sea of 
        Denmark which in accordance with international law has 
        been or may hereafter be designated under Danish laws 
        as an area within which Denmark may exercise sovereign 
        rights with respect to the exploration and exploitation 
        of the natural resources of the seabed or its subsoil 
        and the superjacent waters and with respect to other 
        activities for the exploration and economic 
        exploitation of the area; the term ``Denmark'' does not 
        comprise the Faroe Islands or Greenland;
          h) the term ``national of a Contracting State,'' 
        means:
                  (i) any individual possessing the nationality 
                or citizenship of that State; and
                  (ii) any legal person, partnership or 
                association deriving its status as such from 
                the laws in force in that State;
          i) the term ``qualified governmental entity'' means:
                  (i) any person or body of persons that 
                constitutes a governing body of a Contracting 
                State, or of a political subdivision or local 
                authority of a Contracting State;
                  (ii) a person that is wholly owned, directly 
                or indirectly, by a Contracting State or 
                political subdivision or local authority of a 
                Contracting State, provided it is organized 
                under the laws of the Contracting State, its 
                earnings are credited to its own account with 
                no portion of its income inuring to the benefit 
                of any private person, and its assets vest in 
                the Contracting State, political subdivision or 
                local authority upon dissolution; and
                  (iii) a pension trust or fund of a person 
                described in clause (i) or (ii) that is 
                constituted and operated exclusively to 
                administer or provide pension benefits 
                described in Article 19 (Government Service); 
                provided that an entity described in clause 
                (ii) or (iii) does not carry on commercial 
                activities.
    2. As regards the application of the Convention at any time 
by a Contracting State any term not defined therein shall, 
unless the context otherwise requires, or the competent 
authorities agree to a common meaning pursuant to the 
provisions of Article 25 (Mutual Agreement Procedure), have the 
meaning which it has at that time under the law of that State 
for the purposes of the taxes to which the Convention applies, 
any meaning under the applicable tax laws of that State 
prevailing over a meaning given to the term under other laws of 
that State.

                               Article 4

                               Residence

    1. Except as provided in this paragraph, for the purposes 
of this Convention, the term ``resident of a Contracting 
State'' means any person who, under the laws of that State, is 
liable to tax therein by reason of his domicile, residence, 
citizenship, place of management, place of incorporation, or 
any other criterion of a similar nature.
          a) The term ``resident of a Contracting State'' does 
        not include any person who is liable to tax in that 
        State in respect only of income from sources in that 
        State or of profits attributable to a permanent 
        establishment in that State.
          b) A legal person organized under the laws of a 
        Contracting State and that is generally exempt from tax 
        in that State and is established and maintained in that 
        State either:
                  (i) exclusively for a religious, charitable, 
                educational, scientific, or other similar 
                purpose; or
                  (ii) to provide pensions or other similar 
                benefits to employees, including self-employed 
                individuals, pursuant to a plan is to be 
                treated for purposes of this paragraph as a 
                resident of that Contracting State.
          c) A qualified governmental entity is to be treated 
        as a resident of the Contracting State where it is 
        established.
          d) An item of income, profit or gain derived through 
        an entity that is fiscally transparent under the laws 
        of either Contracting State shall be considered to be 
        derived by a resident of a State to the extent that the 
        item is treated for purposes of the taxation law of 
        such Contracting State as the income, profit or gain of 
        a resident.
    2. Where by reason of the provisions of paragraph 1 an 
individual is a resident of both Contracting States, then his 
status shall be determined as follows:
          a) the individual shall be deemed to be a resident of 
        the State in which he has a permanent home available to 
        him; if such individual has a permanent home available 
        to him in both States, he shall be deemed to be a 
        resident of the State with which his personal and 
        economic relations are closer (center of vital 
        interests);
          b) if the State in which the individual has his 
        center of vital interests cannot be determined, or if 
        he has no permanent home available to him in either 
        State, he shall be deemed to be a resident of the State 
        in which he has an habitual abode;
          c) if the individual has an habitual abode in both 
        States or in neither of them, he shall be deemed to be 
        a resident of the State of which he is a national;
          d) if he is a national of both States or of neither 
        of them, the competent authorities of the Contracting 
        States shall endeavor to settle the question by mutual 
        agreement.
    3. Where by reason of the provisions of paragraph 1 a 
person other than an individual is a resident of both 
Contracting States, the competent authorities of the 
Contracting States shall by mutual agreement endeavor to settle 
the question and to determine the mode of application of the 
Convention to such person.
    4. A United States citizen or an alien lawfully admitted 
for permanent residence in the United States is a resident of 
the United States, but only if such person has a substantial 
presence, permanent home or habitual abode in the United 
States.

                               Article 5

                        Permanent Establishment

    1. For the purposes of this Convention, the term 
``permanent establishment'' means a fixed place of business 
through which the business of an enterprise is wholly or partly 
carried on.
    2. The term ``permanent establishment'' includes 
especially:
          a) a place of management;
          b) a branch;
          c) an office;
          d) a factory;
          e) a workshop; and
          f) a mine, an oil or gas well, a quarry, or any other 
        place of extraction of natural resources.
    3. A building site or construction or installation project, 
or an installation or drilling rig or ship used for the 
exploration of natural resources, constitutes a permanent 
establishment only if it lasts, or the activity continues for, 
more than 12 months. For the purpose of this paragraph, 
activities carried on by an enterprise related to another 
enterprise, within the meaning of Article 9 (Associated 
Enterprises), shall be regarded as carried on by the enterprise 
to which it is related if the activities in question:
          a) are substantially the same as those carried on by 
        the last-mentioned enterprise; and
          b) are concerned with the same project or operation; 
        except to the extent that those activities are carried 
        on at the same time.
    4. Notwithstanding the preceding provisions of this 
Article, the term ``permanent establishment'' shall be deemed 
not to include:
          a) the use of facilities solely for the purpose of 
        storage, display, or delivery of goods or merchandise 
        belonging to the enterprise;
          b) the maintenance of a stock of goods or merchandise 
        belonging to the enterprise solely for the purpose of 
        storage, display, or delivery;
          c) the maintenance of a stock of goods or merchandise 
        belonging to the enterprise solely for the purpose of 
        processing by another enterprise;
          d) the maintenance of a fixed place of business 
        solely for the purpose of purchasing goods or 
        merchandise, or of collecting information, for the 
        enterprise;
          e) the maintenance of a fixed place of business 
        solely for the purpose of carrying on, for the 
        enterprise, any other activity of a preparatory or 
        auxiliary character;
          f) the maintenance of a fixed place of business 
        solely for any combination of the activities mentioned 
        in subparagraphs a) to e) of this paragraph, provided 
        that the overall activity of the fixed place of 
        business resulting from the combination is of a 
        preparatory or auxiliary character.
    5. Notwithstanding the provisions of paragraphs 1 and 2, 
where a person--other than an agent of an independent status to 
whom paragraph 6 applies--is acting on behalf of an enterprise 
and has and habitually exercises in a Contracting State an 
authority to conclude contracts in the name of the enterprise, 
that enterprise shall be deemed to have a permanent 
establishment in that State in respect of any activities which 
that person undertakes for the enterprise, unless the 
activities of such person are limited to those mentioned in 
paragraph 4 which, if exercised through a fixed place of 
business, would not make this fixed place of business a 
permanent establishment under the provisions of that paragraph.
    6. An enterprise shall not be deemed to have a permanent 
establishment in a Contracting State merely because it carries 
on business in that State through a broker, general commission 
agent, or any other agent of an independent status, provided 
that such persons are acting in the ordinary course of their 
business as independent agents.
    7. The fact that a company that is a resident of a 
Contracting State controls or is controlled by a company that 
is a resident of the other Contracting State, or which carries 
on business in that other State (whether through a permanent 
establishment or otherwise), shall not constitute either 
company a permanent establishment of the other.

                               Article 6

                       Income from Real Property

    1. Income derived by a resident of a Contracting State from 
real property (including income from agriculture or forestry) 
situated in the other Contracting State may be taxed in that 
other State.
    2. The term ``real property'' shall have the meaning which 
it has under the law of the Contracting State in which the 
property in question is situated. The term shall in any case 
include property accessory to real property, livestock and 
equipment used in agriculture and forestry, rights to which the 
provisions of general law respecting landed property apply, 
usufruct of real property, and rights to variable or fixed 
payments as consideration for the working of, or the right to 
work, mineral deposits, sources and other natural resources; 
ships, boats and aircraft shall not be regarded as real 
property.
    3. The provisions of paragraph 1 shall apply to income 
derived from the direct use, letting, or use in any other form 
of real property.
    4. The provisions of paragraphs 1 and 3 shall also apply to 
the income from real property of an enterprise and to income 
from real property used for the performance of independent 
personal services.
    5. A resident of a Contracting State who is liable to tax 
in the other Contracting State on income from real property 
situated in the other Contracting State may elect for any 
taxable year to compute the tax on such income on a net basis 
as if such income were business profits attributable to a 
permanent establishment in such other State. Any such election 
shall be binding for the taxable year of the election and all 
subsequent taxable years unless the competent authority of the 
Contracting State in which the property is situated agrees to 
terminate the election.

                               Article 7

                            Business Profits

    1. The business profits of an enterprise of a Contracting 
State shall be taxable only in that State unless the enterprise 
carries on business in the other Contracting State through a 
permanent establishment situated therein. If the enterprise 
carries on business as aforesaid, the business profits of the 
enterprise may be taxed in the other State but only so much of 
them as is attributable to that permanent establishment.
    2. Subject to the provisions of paragraph 3, where an 
enterprise of a Contracting State carries on business in the 
other Contracting State through a permanent establishment 
situated therein, there shall in each Contracting State be 
attributed to that permanent establishment the business profits 
which it might be expected to make if it were a distinct and 
independent enterprise engaged in the same or similar 
activities under the same or similar conditions. For this 
purpose, the business profits to be attributed to the permanent 
establishment shall include only the profits derived from the 
assets or activities of the permanent establishment.
    3. In determining the business profits of a permanent 
establishment, there shall be allowed as deductions expenses 
which are incurred for the purposes of the permanent 
establishment, including a reasonable allocation of executive 
and general administrative expenses, research and development 
expenses, interest, and other expenses incurred for the 
purposes of the enterprise as a whole (or the part thereof 
which includes the permanent establishment), whether incurred 
in the State in which the permanent establishment is situated 
or elsewhere.
    4. No business profits shall be attributed to a permanent 
establishment by reason of the mere purchase by that permanent 
establishment of goods or merchandise for the enterprise.
    5. For the purposes of the preceding paragraphs, the 
profits to be attributed to the permanent establishment shall 
be determined by the same method year by year unless there is 
good and sufficient reason to the contrary.
    6. Where business profits include items of income which are 
dealt with separately in other Articles of this Convention, 
then the provisions of those Articles shall not be affected by 
the provisions of this Article.
    7. For the purposes of this Convention, the term ``business 
profits'' means income from any trade or business, including 
income derived by an enterprise from the performance of 
personal services, and from the rental of tangible personal 
property.
    8. In applying paragraphs 1 and 2 of Article 7 (Business 
Profits), paragraph 6 of Article 10 (Dividends), paragraph 3 of 
Article 11 (Interest), paragraph 3 of Article 12 (Royalties), 
paragraph 3 of Article 13 (Capital Gains), Article 14 
(Independent Personal Services), and paragraph 2 of Article 21 
(Other Income), any income or gain attributable to a permanent 
establishment or fixed base during its existence is taxable in 
the Contracting State where such permanent establishment or 
fixed base is situated even if the payments are deferred until 
such permanent establishment or fixed base has ceased to exist.

                               Article 8

                       Shipping and Air Transport

    1. Profits of an enterprise of a Contracting State from the 
operation in international traffic of ships or aircraft shall 
be taxable only in that State.
    2. For the purposes of this Article, profits from the 
operation of ships or aircraft include profits derived from the 
rental of ships or aircraft on a full (time or voyage) basis. 
They also include profits from the rental of ships or aircraft 
on a bareboat basis if such ships or aircraft are operated in 
international traffic by the lessee, or if the rental income is 
incidental to profits from the operation of ships or aircraft 
in international traffic. Profits derived by an enterprise from 
the inland transport of property or passengers within either 
Contracting State, shall be treated as profits from the 
operation of ships or aircraft in international traffic if such 
transport is undertaken as part of international traffic.
    3. Profits of an enterprise of a Contracting State from the 
use, maintenance or rental of containers (including trailers, 
barges, and related equipment for the transport of containers) 
used in international traffic shall be taxable only in that 
State.
    4. The provisions of paragraphs 1 and 3 shall also apply to 
profits from the participation in a consortium, a pool, a joint 
business, or an international operating agency.
    5. Notwithstanding the provisions of subparagraph 2f) and 
paragraph 3 of Article 5 (Permanent Establishment), the profits 
of an enterprise of a Contracting State from the transport by 
ships or aircraft of supplies or personnel to a location where 
offshore activities in connection with the exploration or 
exploitation of natural resources are being carried on in the 
other Contracting State, or from the operation of tugboats and 
similar vessels in connection with such activities, shall be 
taxable only in the first-mentioned State.

                               Article 9

                         Associated Enterprises

    1. Where
          a) an enterprise of a Contracting State participates, 
        directly or indirectly, in the management, control, or 
        capital of an enterprise of the other Contracting 
        State, or
          b) the same persons participate directly or 
        indirectly in the management, control, or capital of an 
        enterprise of a Contracting State and an enterprise of 
        the other Contracting State, and in either case 
        conditions are made or imposed between the two 
        enterprises in their commercial or financial relations 
        which differ from those which would be made between 
        independent enterprises, then any profits which, but 
        for those conditions, would have accrued to one of the 
        enterprises, but by reason of those conditions, have 
        not so accrued, may be included in the profits of that 
        enterprise and taxed accordingly.
    2. Where a Contracting State includes in the profits of an 
enterprise of that State, and taxes accordingly, profits on 
which an enterprise of the other Contracting State has been 
charged to tax in that other State, and the other Contracting 
State agrees that the profits so included are profits that 
would have accrued to the enterprise of the first-mentioned 
State if the conditions made between the two enterprises had 
been those which would have been made between independent 
enterprises, then that other State shall make an appropriate 
adjustment to the amount of the tax charged therein on those 
profits. In determining such adjustment, due regard shall be 
had to the other provisions of this Convention and the 
competent authorities of the Contracting States shall if 
necessary consult each other.

                               Article 10

                               Dividends

    1. Dividends paid by a resident of a Contracting State to a 
resident of the other Contracting State may be taxed in that 
other State.
    2. However, such dividends may also be taxed in the 
Contracting State of which the company paying the dividends is 
a resident and according to the laws of that State, but if the 
beneficial owner of the dividends is a resident of the other 
Contracting State the tax so charged shall not exceed:
          a) 5 percent of the gross amount of the dividends if 
        the beneficial owner is a company which holds directly 
        at least 10 percent of the share capital of the company 
        paying the dividends;
          b) 15 percent of the gross amount of the dividends in 
        all other cases. This paragraph shall not affect the 
        taxation of the company in respect of the profits out 
        of which the dividends are paid.
    3. Subparagraph a) of paragraph 2 shall not apply in the 
case of dividends paid by a United States Regulated Investment 
Company (RIC) or United States Real Estate Investment Trust 
(REIT). In the case of dividends from a RIC, subparagraph b) of 
paragraph 2 shall apply. In the case of dividends paid by a 
REIT, subparagraph b) of paragraph 2 shall apply only if:
          a) the beneficial owner of the dividends is an 
        individual holding an interest of not more than 10 
        percent in the REIT;
          b) the dividends are paid with respect to a class of 
        stock that is publicly traded and the beneficial owner 
        of the dividends is a person holding an interest of not 
        more than 5 percent of any class of the REIT's stock; 
        or
          c) the beneficial owner of the dividends is a person 
        holding an interest of not more than 10 percent in the 
        REIT and the REIT is diversified.
    4. Notwithstanding paragraph 2, dividends may not be taxed 
in the Contracting State of which the payor is a resident if 
the beneficial owner of the dividends is a resident of the 
other Contracting State that is a qualified governmental entity 
that does not control the payor of the dividend.
    5. The term ``dividends'' as used in this Article means 
income from shares or other rights, not being debt-claims, 
participating in profits, as well as income that is subject to 
the same taxation treatment as income from shares by the laws 
of the State of which the payor is a resident.
    6. The provisions of paragraphs 1 and 2 shall not apply if 
the beneficial owner of the dividends, being a resident of a 
Contracting State, carries on business in the other Contracting 
State of which the payor is a resident, through a permanent 
establishment situated therein, or performs in that other State 
independent personal services from a fixed base situated 
therein, and the dividends are attributable to such permanent 
establishment or fixed base. In such case, the provisions of 
Article 7 (Business Profits) or Article 14 (Independent 
Personal Services), as the case may be, shall apply.
    7. A Contracting State may not impose any tax on dividends 
paid by a resident of the other State, except insofar as the 
dividends are paid to a resident of the first-mentioned State 
or the dividends are attributable to a permanent establishment 
or a fixed base situated in that State, nor may it impose tax 
on a corporation's undistributed profits, except as provided in 
paragraph 8, even if the dividends paid or the undistributed 
profits consist wholly or partly of profits or income arising 
in that State.
    8. A corporation that is a resident of one of the States 
and that has a permanent establishment in the other State or 
that is subject to tax in the other State on a net basis on its 
income that may be taxed in the other State under Article 6 
(Income from Real Property) or under paragraph 1 of Article 13 
(Capital Gains) may be subject in that other State to a tax in 
addition to the tax allowable under the other provisions of 
this Convention. Such tax, however, may be imposed on only the 
portion of the business profits of the corporation attributable 
to the permanent establishment and the portion of the income 
referred to in the preceding sentence that is subject to tax 
under Article 6 (Income from Real Property) or under paragraph 
1 of Article 13 (Capital Gains) that, in the case of the United 
States, represents the dividend equivalent amount of such 
profits or income and, in the case of Denmark, is an amount 
that is analogous to the dividend equivalent amount.
    9. The tax referred to in paragraph 8 may not be imposed at 
a rate in excess of the rate specified in subparagraph a) of 
paragraph 2.

                               Article 11

                                Interest

    1. Interest arising in a Contracting State and beneficially 
owned by a resident of the other Contracting State shall be 
taxable only in that other State.
    2. The term ``interest'' as used in this Article means 
income from debt-claims of every kind, whether or not secured 
by mortgage, and whether or not carrying a right to participate 
in the debtor's profits, and in particular, income from 
government securities and income from bonds or debentures, 
including premiums or prizes attaching to such securities, 
bonds, or debentures, and all other income that is subjected to 
the same taxation treatment as income from money lent by the 
taxation law of the Contracting State in which the income 
arises. Income dealt with in Article 10 (Dividends) and penalty 
charges for late payment shall not be regarded as interest for 
the purposes of this Article.
    3. The provisions of paragraph 1 shall not apply if the 
beneficial owner of the interest, being a resident of a 
Contracting State, carries on business in the other Contracting 
State in which the interest arises, through a permanent 
establishment situated therein, or performs in that other State 
independent personal services from a fixed base situated 
therein, and the interest is attributable to such permanent 
establishment or fixed base. In such case the provisions of 
Article 7 (Business Profits) or Article 14 (Independent 
Personal Services), as the case may be, shall apply.
    4. Where, by reason of a special relationship between the 
payor and the beneficial owner or between both of them and some 
other person, the amount of the interest, having regard to the 
debt-claim for which it is paid, exceeds the amount which would 
have been agreed upon by the payor and the beneficial owner in 
the absence of such relationship, the provisions of this 
Article shall apply only to the last-mentioned amount. In such 
case, the excess part of the payments shall remain taxable 
according to the laws of each State, due regard being had to 
the other provisions of this Convention.
    5. Notwithstanding the provisions of paragraph 1:
          a) interest paid by a resident of a Contracting State 
        and that is determined with reference to receipts, 
        sales, income, profits or other cash flow of the debtor 
        or a related person, to any change in the value of any 
        property of the debtor or a related person or to any 
        dividend, partnership distribution or similar payment 
        made by the debtor to a related person, and paid to a 
        resident of the other State also may be taxed in the 
        Contracting State in which it arises, and according to 
        the laws of that State, but if the beneficial owner is 
        a resident of the other Contracting State, the gross 
        amount of the interest may be taxed at a rate not 
        exceeding the rate prescribed in subparagraph b) of 
        paragraph 2 of Article 10 (Dividends); and
          b) interest that is an excess inclusion with respect 
        to a residual interest in a real estate mortgage 
        investment conduit may be taxed by each State in 
        accordance with its domestic law.

                               Article 12

                               Royalties

    1. Royalties arising in a Contracting State and 
beneficially owned by a resident of the other Contracting State 
shall be taxable only in that other State.
    2. The term ``royalties'' as used in this Article means:
          a) any consideration for the use of, or the right to 
        use, any copyright of literary, artistic, scientific or 
        other work (including computer software, 
        cinematographic films, audio or video tapes or disks, 
        and other means of image or sound reproduction), any 
        patent, trademark, design or model, plan, secret 
        formula or process, or other like right or property, or 
        for information concerning industrial, commercial or 
        scientific experience; and
          b) gain derived from the alienation of any property 
        described in subparagraph a), provided that such gain 
        is contingent on the productivity, use or disposition 
        of the property.
    3. The provisions of paragraph 1 shall not apply if the 
beneficial owner of the royalties, being a resident of a 
Contracting State, carries on business in the other Contracting 
State in which the royalties arise, through a permanent 
establishment situated therein, or performs in that other State 
independent personal services from a fixed base situated 
therein, and the royalties are attributable to such permanent 
establishment or fixed base. In such case the provisions of 
Article 7 (Business Profits) or Article 14 (Independent 
Personal Services), as the case may be, shall apply.
    4. Where, by reason of a special relationship between the 
payor and the beneficial owner or between both of them and some 
other person, the amount of the royalties, having regard to the 
use, right, or information for which they are paid, exceeds the 
amount which would have been agreed upon by the payor and the 
beneficial owner in the absence of such relationship, the 
provisions of this Article shall apply only to the last-
mentioned amount. In such case, the excess part of the payments 
shall remain taxable according to the laws of each Contracting 
State, due regard being had to the other provisions of this 
Convention.

                               Article 13

                             Capital Gains

    1. Gains derived by a resident of a Contracting State that 
are attributable to the alienation of real property situated in 
the other Contracting State may be taxed in that other State.
    2. For the purposes of this Article, the term ``real 
property situated in the other Contracting State'' shall 
include:
          a) real property referred to in Article 6 (Income 
        from Real Property);
          b) a United States real property interest; and
          c) an equivalent interest in real property situated 
        in Denmark.
    3. Gains from the alienation of personal property that are 
attributable to a permanent establishment that an enterprise of 
a Contracting State has in the other Contracting State or that 
are attributable to a fixed base that is available to a 
resident of a Contracting State in the other Contracting State 
for the purpose of performing independent personal services, 
and gains from the alienation of such a permanent establishment 
(alone or with the whole enterprise) or of such a fixed base, 
may be taxed in that other State.
    4. Notwithstanding the provisions of paragraph 3, gains 
derived by an enterprise of a Contracting State from the 
alienation of ships, boats, aircraft, or containers operated or 
used in international traffic or personal property pertaining 
to the operation or use of such ships, boats, aircraft, or 
containers shall be taxable only in that State.
    5. Gains derived by an enterprise of a Contracting State 
from the deemed alienation of an installation, drilling rig, or 
ship used in the other Contracting State for the exploration 
for or exploitation of oil and gas resources may be taxed in 
that other State in accordance with its law, but only to the 
extent of any depreciation taken in that other State.
    6. Gains from the alienation of any property, other than 
that referred to in paragraphs 1 through 5, shall be taxable 
only in the Contracting State of which the alienator is a 
resident.
    7. If a resident of a Contracting State is subject to 
income taxation in both Contracting States on a disposition of 
property and is treated as having alienated property with 
respect to which a gain is recognized under the income tax laws 
of the other Contracting State, then the resident not otherwise 
required to do so may elect in his annual return of income for 
the year of the alienation to be liable to tax in the residence 
State in that year as if he had, immediately before that time, 
sold and repurchased such property for an amount equal to its 
fair market value at that time. Such an election shall apply to 
all property described in this paragraph that is alienated by 
the resident in the taxable year for which the election is made 
or at any time thereafter.
    8. Where a resident of a Contracting State alienates 
property in the course of a corporate or other organization, 
reorganization, amalgamation, division or similar transaction 
and profit, gain or income with respect to such alienation is 
not recognized for the purpose of taxation in that State, the 
competent authority of the other Contracting State may agree, 
if requested to do so by the person who acquires the property, 
in order to avoid double taxation and subject to terms and 
conditions satisfactory to such competent authority, to defer 
the recognition of the profit, gain or income with respect to 
such property for the purpose of taxation in that other State 
until such time and in such manner as may be stipulated in the 
agreement.

                               Article 14

                     Independent Personal Services

    1. Income derived by an individual who is a resident of a 
Contracting State in respect of the performance of personal 
services of an independent character shall be taxable only in 
that State, unless the individual has a fixed base regularly 
available to him in the other Contracting State for the purpose 
of performing his activities. If he has such a fixed base, the 
income attributable to the fixed base that is derived in 
respect of services performed in that other State also may be 
taxed by that other State.
    2. For purposes of paragraph 1, the income that is taxable 
in the other Contracting State shall be determined under the 
principles of paragraph 3 of Article 7 (Business Profits).

                               Article 15

                      Dependent Personal Services

    1. Subject to the provisions of Articles 16 (Directors' 
Fees), 18 (Pensions, Social Security, Annuities, Alimony and 
Child Support Payments), and 19 (Government Service), salaries, 
wages and other remuneration derived by a resident of a 
Contracting State in respect of an employment shall be taxable 
only in that State unless the employment is exercised in the 
other Contracting State. If the employment is so exercised, 
such remuneration as is derived therefrom may be taxed in that 
other State.
    2. Notwithstanding the provisions of paragraph 1, 
remuneration derived by a resident of a Contracting State in 
respect of an employment exercised in the other Contracting 
State shall be taxable only in the first-mentioned State if:
          a) the recipient is present in the other State for a 
        period or periods not exceeding in the aggregate 183 
        days in any twelve month period commencing or ending in 
        the taxable year concerned; and
          b) the remuneration is paid by, or on behalf of, an 
        employer who is not a resident of the other State; and
          c) the remuneration is not borne by a permanent 
        establishment or a fixed base which the employer has in 
        the other State.
    3. Notwithstanding the preceding provisions of this 
Article, remuneration described in paragraph 1 that is derived 
by a resident of a Contracting State in respect of an 
employment as a member of the regular complement of a ship or 
aircraft operated in international traffic shall be taxable 
only in that State.

                               Article 16

                            Directors' Fees

    Directors' fees and other similar payments derived by a 
resident of a Contracting State in his capacity as a member of 
the board of directors of a company which is a resident of the 
other Contracting State may be taxed in that other State.

                               Article 17

                         Artistes and Sportsmen

    1. Income derived by a resident of a Contracting State as 
an entertainer, such as a theater, motion picture, radio, or 
television artiste, or a musician, or as a sportsman, from his 
personal activities as such exercised in the other Contracting 
State, which income would be exempt from tax in that other 
Contracting State under the provisions of Articles 14 
(Independent Personal Services) and 15 (Dependent Personal 
Services), may be taxed in that other State, except where the 
amount of the gross receipts derived by such entertainer or 
sportsman, including expenses reimbursed to him, or borne on 
his behalf, from such activities does not exceed twenty 
thousand United States dollars ($20,000) or its equivalent in 
Danish kroner for the taxable year concerned.
    2. Where income in respect of activities exercised by an 
entertainer or a sportsman in his capacity as such accrues not 
to the entertainer or sportsman himself but to another person, 
that income may, notwithstanding the provisions of Articles 7 
(Business Profits) and 14 (Independent Personal Services), be 
taxed in the Contracting State in which the activities of the 
entertainer or sportsman are exercised, unless the entertainer 
or sportsman establishes that neither the entertainer or 
sportsman nor persons related thereto participate directly or 
indirectly in the profits of that other person in any manner, 
including the receipt of deferred remuneration, bonuses, fees, 
dividends, partnership distributions, or other distributions.

                               Article 18

    Pensions, Social Security, Annuities, Alimony and Child Support 
                                Payments

    1. Subject to the provisions of paragraph 2 of Article 19 
(Government Service),
          a) Except as provided in subparagraph b), pension 
        distributions arising in a Contracting State and 
        beneficially owned by a resident of the other 
        Contracting State shall be taxable only in the State in 
        which they arise;
          b) If, prior to the time of entry into force of this 
        Convention, a person was a resident of a Contracting 
        State and was receiving pension distributions arising 
        in the other Contracting State, that person shall be 
        taxable on pension distributions referred to in 
        subparagraph a) only in the first-mentioned Contracting 
        State;
          c) Pension distributions shall be deemed to arise in 
        a Contracting State only if paid by a pension scheme 
        established in that State.
          d) For purposes of this paragraph, pension 
        distributions means pension distributions and other 
        similar remuneration, whether paid periodically or as a 
        single sum.
    2. Notwithstanding the provisions of paragraph 1, payments 
made by a Contracting State under provisions of the social 
security or similar legislation of that Contracting State to a 
resident of the other Contracting State or to a citizen of the 
United States shall be taxable only in the first mentioned 
State.
    3. Annuities derived and beneficially owned by an 
individual resident of a Contracting State shall be taxable 
only in that State. The term ``annuities'' as used in this 
paragraph means a stated sum paid periodically at stated times 
during a specified number of years or for life under an 
obligation to make the payments in return for adequate and full 
consideration (other than services rendered).
    4. Alimony paid by a resident of a Contracting State, and 
deductible therein, to a resident of the other Contracting 
State shall be taxable only in that other Contracting State. 
The term ``alimony'' as used in this paragraph means periodic 
payments made pursuant to a written separation agreement or a 
decree of divorce, separate maintenance, or compulsory support, 
which payments are taxable to the recipient under the laws of 
the State of which he is a resident.
    5. Periodic payments, not dealt with in paragraph 4, for 
the support of a child made pursuant to a written separation 
agreement or a decree of divorce, separate maintenance, or 
compulsory support, paid by a resident of a Contracting State 
to a resident of the other Contracting State, shall be taxable 
only in the first-mentioned Contracting State.

                               Article 19

                           Government Service

    1. Notwithstanding the provisions of Articles 14 
(Independent Personal Services), 15 (Dependent Personal 
Services), 16 (Directors' Fees) and 17 (Artistes and 
Sportsmen):
          a) Salaries, wages and other remuneration, other than 
        a pension, paid from the public funds of a Contracting 
        State or a political subdivision or a local authority 
        thereof to an individual in respect of services 
        rendered to that State or subdivision or authority in 
        the discharge of functions of a governmental nature 
        shall, subject to the provisions of subparagraph b), be 
        taxable only in that State;
          b) such remuneration, however, shall be taxable only 
        in the other Contracting State if the services are 
        rendered in that State and the individual is a resident 
        of that State who:
                  (i) is a national of that State; or
                  (ii) did not become a resident of that State 
                solely for the purpose of rendering the 
                services.
    2. a) Any pension paid from the public funds of a 
Contracting State or a political subdivision or a local 
authority thereof to an individual in respect of services 
rendered to that State or subdivision or authority in the 
discharge of functions of a governmental nature (other than a 
payment described in paragraph 2 of Article 18 (Pensions, 
Social Security, Annuities, Alimony and Child Support 
Payments)) shall, subject to the provisions of subparagraph b), 
be taxable only in that State;
    b) such pension, however, shall be taxable only in the 
other Contracting State if the individual is a resident or a 
national of that State.
    3. The provisions of Articles 15 (Dependent Personal 
Services), 16 (Directors' Fees), 17 (Artistes and Sportsmen) 
and 18 (Pensions, Social Security, Annuities, Alimony and Child 
Support Payments) shall apply to remuneration and pensions in 
respect of services rendered in connection with a business 
carried on by a Contracting State or a political subdivision or 
a local authority thereof.

                               Article 20

                         Students and Trainees

    Payments received by a student, apprentice, or business 
trainee who is, or was immediately before visiting a 
Contracting State, a resident of the other Contracting State, 
and who is present in the first-mentioned State for the purpose 
of his full-time education at an accredited educational 
institution, or for his full-time training, shall not be taxed 
in that State, provided that such payments arise outside that 
State, and are for the purpose of his maintenance, education or 
training. The exemption from tax provided by this Article shall 
apply to an apprentice or business trainee only for a period of 
time not exceeding three years from the date he first arrives 
in the first-mentioned Contracting State for the purpose of his 
training. The provisions of this paragraph shall not apply to 
income from research if such research is undertaken not in the 
public interest but primarily for the private benefit of a 
specific person or persons.

                               Article 21

                              Other Income

    1. Items of income beneficially owned by a resident of a 
Contracting State, wherever arising, not dealt with in the 
foregoing Articles of this Convention shall be taxable only in 
that State.
    2. The provisions of paragraph 1 shall not apply to income, 
other than income from real property as defined in paragraph 2 
of Article 6 (Income from Real Property), if the beneficial 
owner of such income, being a resident of a Contracting State, 
carries on business in the other Contracting State through a 
permanent establishment situated therein, or performs in the 
other State independent personal services from a fixed base 
situated therein, and the income is attributable to such 
permanent establishment or fixed base. In such case the 
provisions of Article 7 (Business Profits) or Article 14 
(Independent Personal Services), as the case may be, shall 
apply.

                               Article 22

                         Limitation of Benefits

    1. A resident of a Contracting State shall be entitled to 
the benefits of this Convention only to the extent provided in 
this Article.
    2. A resident of a Contracting State shall be entitled to 
all the benefits of this Convention only if such resident is:
          a) an individual;
          b) a Contracting State, a political subdivision, or 
        local authority thereof, or an agency or 
        instrumentality of that State, subdivision, or 
        authority;
          c) a company if:
                  (i) all the shares in the class or classes of 
                shares representing more than 50 percent of the 
                vote and value are listed on a recognized stock 
                exchange and are substantially and regularly 
                traded on one or more recognized stock 
                exchanges;
                  (ii) one or more taxable nonstock 
                corporations entitled to benefits under 
                paragraph g) own shares representing more than 
                50 percent of the voting power of the company 
                and all other shares are listed on a recognized 
                stock exchange and are substantially and 
                regularly traded on one or more recognized 
                stock exchanges; or
                  (iii) at least 50 percent of each class of 
                shares in the company is owned, directly or 
                indirectly, by five or fewer companies entitled 
                to benefits under clause (i) or (ii), or any 
                combination thereof, provided that in the case 
                of indirect ownership, each intermediate owner 
                is a person entitled to benefits of the 
                Convention under this paragraph;
          d) a charitable organization or other legal person 
        described in subparagraph b)(i) of paragraph 1 of 
        Article 4 (Residence);
          e) a legal person, whether or not exempt from tax, 
        organized under the laws of a Contracting State to 
        provide a pension or other similar benefits to 
        employees, including self-employed individuals, 
        pursuant to a plan, provided that more than 50 percent 
        of the person's beneficiaries, members or participants 
        are individuals resident in either Contracting State; 
        or
          f) a person, other than an individual, if
                  (i) on at least half the days of the taxable 
                year, persons described in subparagraphs a), 
                b), c), d), or e) own, directly or indirectly 
                (through a chain of ownership in which each 
                person is entitled to the benefits of the 
                Convention under this paragraph), at least 50 
                percent of the beneficial interest in such 
                person (or, in the case of a company, at least 
                50 percent of the vote and value of the 
                company's shares); and
                  (ii) less than 50 percent of the person's 
                gross income for the taxable year is paid or 
                accrued, in the form of deductible payments, 
                directly or indirectly, to persons who are not 
                residents of either Contracting State (unless 
                the payment is attributable to a permanent 
                establishment situated in either State);
          g) in the case of Denmark, a taxable nonstock 
        corporation if
                  (i) the amount paid or accrued in the form of 
                deductible payments in the taxable year and in 
                each of the preceding three taxable years, 
                directly or indirectly, to persons who are not 
                entitled to benefits under subparagraphs a), 
                b), c)(i), c)(iii) by virtue of c)(i), d) or 
                e), does not exceed 50% of the amount of its 
                gross income (excluding its tax-exempt income); 
                and
                  (ii) the amount paid or accrued, in the form 
                of both deductible payments and non-deductible 
                distributions, in the taxable year and in each 
                of the preceding three taxable years, directly 
                or indirectly, to persons who are not entitled 
                to benefits under subparagraphs a), b), c)(i), 
                c(iii) by virtue of c(i), d), or e), does not 
                exceed 50% of the amount of its total income 
                (including its tax-exempt income).
    3. a) A resident of a Contracting State not otherwise 
entitled to benefits shall be entitled to the benefits of this 
Convention with respect to an item of income derived from the 
other Contracting State if:
          (i) the resident is engaged in the active conduct of 
        a trade or business in the first-mentioned Contracting 
        State;
          (ii) the income is connected with or incidental to 
        the trade or business in the first-mentioned 
        Contracting State; and
          (iii) the trade or business is substantial in 
        relation to the activity in the other State generating 
        the income.
    b) For purposes of this paragraph, the business of making 
or managing investments will not be considered an active trade 
or business, unless the activity is banking, insurance or 
securities activities carried on by a bank, insurance company, 
or registered securities dealer.
    c) Whether a trade or business is substantial for purposes 
of this paragraph will be determined based on all the facts and 
circumstances. In any case, however, a trade or business will 
be deemed substantial if, for the preceding taxable year, or 
for the average of the three preceding taxable years, the asset 
value, the gross income, and the payroll expense that are 
related to the trade or business in the first-mentioned State 
equal at least 7.5 percent of the resident's (and any related 
parties') proportionate share of the asset value, gross income 
and payroll expense, respectively, that are related to the 
activity that generated the income in the other State, and the 
average of the three ratios exceeds 10 percent. In determining 
the above ratios, assets, income, and payroll expense shall be 
taken into account only to the extent of the resident's direct 
or indirect ownership interest in the activity in the other 
State. If neither the resident nor any of its associated 
enterprises has an ownership interest in the activity in the 
other State, the resident's trade or business in the first-
mentioned State shall be considered substantial in relation to 
such activity.
    d) Income is derived in connection with a trade or business 
if the activity in the other State generating the income is a 
line of business that forms part of or is complementary to the 
trade or business. Income is incidental to a trade or business 
if it facilitates the conduct of the trade or business in the 
other State.
    4. a) A company that is a resident of a Contracting State 
shall also be entitled to all of the benefits of the Convention 
if:
          (i) at least 95 percent of the aggregate vote and 
        value of all its shares is owned, directly or 
        indirectly, by seven or fewer persons that are 
        residents of Member States of the European Union, or of 
        the European Economic Area, or of parties to the North 
        American Free Trade Agreement (NAFTA) that, in any 
        case, meet the requirements of subparagraph c), or any 
        combination thereof; and
          (ii) less than 50 percent of the company's gross 
        income for the taxable year is paid or accrued, in the 
        form of deductible payments, directly or indirectly, to 
        persons who are not residents of Member States of the 
        European Union, or of the European Economic Area, or of 
        parties to the North American Free Trade Agreement 
        that, in any case, meet the requirements of 
        subparagraph c), or any combination thereof.
    b) However, a company otherwise entitled to benefits under 
subparagraph a) will not be entitled to the benefits of this 
Convention if that company, or a company that controls such 
company, has outstanding a class of shares:
          (i) the terms of which, or which is subject to other 
        arrangements that, entitle its holders to a portion of 
        the income of the company derived from the other 
        Contracting State that is larger than the portion such 
        holders would receive absent such terms or 
        arrangements; and
          (ii) 50 percent or more of the vote or value of which 
        is owned by persons who are not residents of a Member 
        State of the European Union or the European Economic 
        Area or a party to the North American Free Trade 
        Agreement that, in any case, meet the requirements of 
        subparagraph c), or any combination thereof.
    c) For purposes of subparagraphs a) and b), a person will 
be treated as a resident of a Member State of the European 
Union or of the European Economic Area or of a party to the 
North American Free Trade Agreement only if such person:
          (i) would be entitled to the benefits of a 
        comprehensive income tax convention in force between 
        any Member State of the European Union or of the 
        European Economic Area or a party to the North American 
        Free Trade Agreement and the Contracting State from 
        which the benefits of this Convention are claimed, 
        provided that if such other convention does not contain 
        a comprehensive limitation on benefits article 
        (including provisions similar to those of subparagraphs 
        c) and f) of paragraph 2 and paragraph 3 of this 
        Article), the person would be entitled to the benefits 
        of this Convention under the principles of paragraph 2 
        if such person were a resident of one of the 
        Contracting States under Article 4 (Residence) of this 
        Convention; and
          (ii) with respect to income referred to in Articles 
        10 (Dividends), 11 (Interest) or 12 (Royalties), would 
        be entitled under such other convention to a rate of 
        tax with respect to the particular class of income for 
        which benefits are being claimed under this Convention 
        that is at least as low as the rate applicable under 
        this Convention.
    5. A resident of one of the Contracting States that derives 
from the other Contracting State income mentioned in Article 8 
(Shipping and Air Transport) and that is not entitled to the 
benefits of this Convention because of the foregoing 
paragraphs, shall nevertheless be entitled to the benefits of 
this Convention with respect to such income if at least 50% of 
the beneficial interest in such person (or in the case of a 
company, at least 50% of the aggregate vote and value of the 
stock of such company) is owned directly or indirectly:
          a) by persons described in subparagraphs a), b), c), 
        d), or e) of paragraph 2, or citizens of the United 
        States, or individuals who are residents of a third 
        state; or
          b) by a company or combination of companies the stock 
        of which is primarily and regularly traded on an 
        established securities market in a third state, 
        provided that such third state grants an exemption 
        under similar terms for profits as mentioned in Article 
        8 (Shipping and Air Transport) of this Convention to 
        citizens and corporations of the other Contracting 
        State either under its national law or in common 
        agreement with that other Contracting State or under a 
        convention between that third state and the other 
        Contracting State.
    6. The following rules and definitions shall apply for 
purposes of this Article:
          a) in measuring ``gross income'', as used in 
        subparagraph f) of paragraph 2, the term means gross 
        income for the first taxable period preceding the 
        current taxable period, provided that the amount of 
        gross income for the first taxable period preceding the 
        current taxable period shall be deemed to be no less 
        than the average of the annual amounts of gross income 
        for the four taxable periods preceding the current 
        taxable period;
          b) the term ``deductible payments''
                  (i) as used in subparagraphs f) and g) of 
                paragraph 2 and subparagraph a) of paragraph 4 
                includes payments for interest or royalties, 
                but does not include payments at arm's length 
                for the purchase or use of or the right to use 
                tangible property in the ordinary course of 
                business or remuneration at arm's length for 
                services performed in the Contracting State in 
                which the person making such payments is a 
                resident; and
                  (ii) as used in subparagraph g) of paragraph 
                2 also includes deductible distributions made 
                by a taxable nonstock corporation. Types of 
                payments may be added to, or eliminated from, 
                the exceptions mentioned in the preceding 
                definition of ``deductible payments'' by mutual 
                agreement of the competent authorities;
          c) For the purposes of this Article, the term 
        ``recognized stock exchange'' means:
                  (i) the NASDAQ System owned by the National 
                Association of Securities Dealers, Inc. and any 
                stock exchange registered with the U.S. 
                Securities and Exchange Commission as a 
                national securities exchange for purposes of 
                the U.S. Securities Exchange Act of 1934;
                  (ii) the Copenhagen Stock Exchange and the 
                stock exchanges of Amsterdam, Brussels, 
                Frankfurt, Hamburg, London, Paris, Stockholm, 
                Sydney, Tokyo and Toronto;
                  (iii) any other stock exchanges agreed upon 
                by the competent authorities of both 
                Contracting States;
          d) the term ``engaged in the active conduct of a 
        trade or business'' in a Contracting State as used in 
        paragraph 3, applies to a person that is directly so 
        engaged, or is a partner in a partnership that is so 
        engaged, or is so engaged through one or more 
        associated enterprises (wherever resident);
          e) the term ``taxable nonstock corporation'' as used 
        in paragraph 2 means a foundation that is taxable in 
        accordance with paragraph 1 of Article 1 of the Danish 
        Act on Taxable Nonstock Corporations (fonde der 
        beskattes efter fondsbeskatningsloven).
          f) (i) For the purposes of paragraph 2, the shares in 
        a class of shares are considered to be substantially 
        and regularly traded on one or more recognized stock 
        exchanges in a taxable year if:
                  (1) trades in such class are effected on one 
                or more of such stock exchanges other than in 
                de minimis quantities during every quarter; and
                  (2) the aggregate number of shares or units 
                of that class traded on such stock exchange or 
                exchanges during the previous taxable year is 
                at least 6 percent of the average number of 
                shares or units outstanding in that class 
                (including shares held by taxable nonstock 
                corporations) during that taxable year.
          (ii) For purposes of determining whether a company 
        satisfies the requirements of clause (c)(ii) of 
        paragraph 2, clause (i) of this subparagraph shall be 
        applied as if all the shares issued by the company were 
        one class of shares, and shares held by taxable 
        nonstock corporations will be considered outstanding 
        for purposes of determining whether 6 percent of the 
        outstanding shares have been traded during a taxable 
        year.
    7. A resident of a Contracting State that is not entitled 
to the benefits of the Convention under the provisions of the 
preceding paragraphs of this Article shall, nevertheless, be 
granted the benefits of the Convention if the competent 
authority of the other Contracting State so determines.

                               Article 23

                      Relief from Double Taxation

    1. In accordance with the provisions and subject to the 
limitations of the law of the United States (as it may be 
amended from time to time without changing the general 
principle hereof), the United States shall allow to a resident 
or citizen of the United States as a credit against the United 
States tax on income:
          a) the income tax paid or accrued to Denmark by or on 
        behalf of such resident or citizen; and
          b) in the case of a United States company owning at 
        least 10 percent of the voting stock of a company that 
        is a resident of Denmark and from which the United 
        States company receives dividends, the income tax paid 
        or accrued to Denmark by or on behalf of the payor with 
        respect to the profits out of which the dividends are 
        paid.
          c) (i) Subject to the provisions of clause (ii), in 
        the case of a resident or national of the United States 
        subject to the taxes imposed by the Hydrocarbon Tax Act 
        that are referred to in subparagraph b)(iv) of 
        paragraph 1 of Article 2 (Taxes Covered), the United 
        States shall allow as a credit against the United 
        States tax on income, the appropriate amount of tax 
        paid or accrued to Denmark by or on behalf of such 
        resident or national pursuant to the Hydrocarbon Tax 
        Act on oil and gas extraction income from oil or gas 
        wells in Denmark. However, the appropriate amount 
        allowed as a credit shall not exceed the product of the 
        maximum statutory United States tax rate applicable to 
        such resident or national for such taxable year, and 
        the amount of income separately assessed under the 
        Hydrocarbon Tax Act.
          (ii) The appropriate amount is also subject to any 
        other limitations imposed by the law of the United 
        States, as it may be amended from time to time, that 
        apply to creditable taxes under section 901 or 903 of 
        the Internal Revenue Code for persons claiming benefits 
        under this Convention. Any taxes paid on income 
        assessed separately under the Hydrocarbon Tax Act in 
        excess of the appropriate amount may be used only as a 
        credit in another taxable year, and only against United 
        States tax on income assessed separately under the 
        Hydrocarbon Tax Act.
          (iii) The provisions of clauses (i) and (ii) shall 
        apply separately, in the same way, to the amount of tax 
        paid or accrued to Denmark pursuant to the Hydrocarbon 
        Tax Act on (1) Danish source oil related income not 
        described in clause (i); and (2) other Danish source 
        income.
For the purposes of this Article, the Danish taxes referred to 
in paragraphs 1(b) and 2 of Article 2 (Taxes Covered) shall be 
considered income taxes and shall be allowed as a credit 
against the United States tax on income, subject to all the 
provisions and limitations of this paragraph.
    2. Where a United States citizen is a resident of Denmark:
          a) with respect to items of income that under the 
        provisions of this Convention are exempt from United 
        States tax or that are subject to a reduced rate of 
        United States tax when derived by a resident of Denmark 
        who is not a United States citizen, Denmark shall allow 
        as a credit against Danish tax only the tax paid, if 
        any, that the United States may impose under the 
        provisions of this Convention, other than taxes that 
        may be imposed solely by reason of citizenship under 
        the saving clause of paragraph 4 of Article 1 (General 
        Scope);
          b) for purposes of computing United States tax on 
        those items of income referred to in subparagraph a), 
        the United States shall allow as a credit against 
        United States tax the income tax paid to Denmark after 
        the credit referred to in subparagraph a); the credit 
        so allowed shall not reduce the portion of the United 
        States tax that is creditable against the Danish tax in 
        accordance with subparagraph a); and
          c) for the exclusive purpose of relieving double 
        taxation in the United States under subparagraph b), 
        items of income referred to in subparagraph a) shall be 
        deemed to arise in Denmark to the extent necessary to 
        avoid double taxation of such income under subparagraph 
        b).
    3. In the case of Denmark, double taxation shall be avoided 
as follows:
          a) When a resident of Denmark derives income which, 
        in accordance with the provisions of this Convention, 
        may be taxed in the United States, Denmark shall allow 
        as a deduction from the tax on the income of that 
        resident an amount equal to the income tax paid in the 
        United States;
          b) Such deduction shall not, however, exceed that 
        part of the income tax, as computed before the 
        deduction is given, which is attributable to the income 
        that may be taxed in the United States.
          c) When a resident of Denmark derives income which, 
        in accordance with the provisions of this Convention, 
        shall be taxable only in the United States, Denmark may 
        include this income in the tax base but shall allow as 
        a deduction from income tax that part of the income tax 
        which is attributable to the income derived from the 
        United States.
For the purposes of this paragraph, the United States taxes 
referred to in paragraphs 1(a) and 2 of Article 2 (Taxes 
Covered) shall be considered income taxes, and shall be allowed 
as a credit against the Danish tax on income.

                               Article 24

                           Non-Discrimination

    1. Nationals of a Contracting State shall not be subjected 
in the other Contracting State to any taxation or any 
requirement connected therewith that is more burdensome than 
the taxation and connected requirements to which citizens of 
that other State in the same circumstances, particularly with 
respect to taxation of worldwide income, are or may be 
subjected. This provision shall also apply to persons who are 
not residents of one or both of the Contracting States.
    2. The taxation on a permanent establishment or fixed base 
that a resident or enterprise of a Contracting State has in the 
other Contracting State shall not be less favorably levied in 
that other State than the taxation levied on enterprises or 
residents of that other State carrying on the same activities. 
The provisions of this paragraph shall not be construed as 
obliging a Contracting State to grant to residents of the other 
Contracting State any personal allowances, reliefs, and 
reductions for taxation purposes on account of civil status or 
family responsibilities which it grants to its own residents.
    3. Except where the provisions of paragraph 1 of Article 9 
(Associated Enterprises), paragraph 4 of Article 11 (Interest), 
or paragraph 4 of Article 12 (Royalties) apply, interest, 
royalties and other disbursements paid by an enterprise of a 
Contracting State to a resident of the other Contracting State 
shall, for the purpose of determining the taxable profits of 
such enterprise, be deductible under the same conditions as if 
they had been paid to a resident of the first-mentioned State. 
Similarly, any debts of an enterprise of a Contracting State to 
a resident of the other Contracting State shall, for the 
purpose of determining the taxable capital of the first 
mentioned resident, be deductible under the same conditions as 
if they had been contracted to a resident of the first-
mentioned State.
    4. Enterprises of a Contracting State, the capital of which 
is wholly or partly owned or controlled, directly or 
indirectly, by one or more residents of the other Contracting 
State, shall not be subjected in the first-mentioned State to 
any taxation or any requirement connected therewith that is 
more burdensome than the taxation and connected requirements to 
which other similar enterprises of the first-mentioned State 
are or may be subjected.
    5. Nothing in this Article shall be construed as preventing 
either Contracting State from imposing a tax as described in 
paragraph 8 of Article 10 (Dividends).
    6. The provisions of this Article shall, notwithstanding 
the provisions of Article 2 (Taxes Covered), apply to taxes of 
every kind and description imposed by a Contracting State or a 
political subdivision or local authority thereof.

                               Article 25

                       Mutual Agreement Procedure

    1. Where a person considers that the actions of one or both 
of the Contracting States result or will result for him in 
taxation not in accordance with the provisions of this 
Convention, he may, irrespective of the remedies provided by 
the domestic law of those States and the time limits prescribed 
in such laws for presentation of claims for refund, present his 
case to the competent authority of the Contracting State of 
which he is a resident or national.
    2. The competent authority shall endeavour, if the 
objection appears to it to be justified and if it is not itself 
able to arrive at a satisfactory solution, to resolve the case 
by mutual agreement with the competent authority of the other 
Contracting State, with a view to the avoidance of taxation 
which is not in accordance with the Convention. Any agreement 
reached shall be implemented notwithstanding any time limits in 
the domestic law of the Contracting States. Assessment and 
collection procedures shall be suspended during the pendency of 
any mutual agreement proceeding.
    3. The competent authorities of the Contracting States 
shall endeavour to resolve by mutual agreement any difficulties 
or doubts arising as to the interpretation or application of 
the Convention. In particular the competent authorities of the 
Contracting States may agree:
          a) to the same attribution of income, deductions, 
        credits, or allowances of an enterprise of a 
        Contracting State to its permanent establishment 
        situated in the other Contracting State;
          b) to the same allocation of income, deductions, 
        credits, or allowances between persons;
          c) to the same characterization of particular items 
        of income, including the same characterization of 
        income that is assimilated to income from shares by the 
        taxation law of one of the Contracting States and that 
        is treated as a different class of income in the other 
        State;
          d) to the same characterization of persons;
          e) to the same application of source rules with 
        respect to particular items of income;
          f) to a common meaning of a term;
          g) to advance pricing arrangements; and
          h) to the application of the provisions of domestic 
        law regarding penalties, fines, and interest in a 
        manner consistent with the purposes of the Convention.
They may also consult together for the elimination of double 
taxation in cases not provided for in the Convention.
    4. The competent authorities also may agree to increases in 
any specific dollar amounts referred to in the Convention to 
reflect economic or monetary developments.
    5. The competent authorities of the Contracting States may 
communicate with each other directly for the purpose of 
reaching an agreement in the sense of the preceding paragraphs.

                               Article 26

                        Exchange of Information

    1. The competent authorities of the Contracting States 
shall exchange such information as is relevant for carrying out 
the provisions of this Convention or of the domestic laws of 
the Contracting States concerning taxes covered by the 
Convention insofar as the taxation thereunder is not contrary 
to the Convention, including information relating to the 
assessment or collection of, the enforcement or prosecution in 
respect of, or the determination of appeals in relation to, the 
taxes covered by the Convention. The exchange of information is 
not restricted by Article 1 (General Scope). Any information 
received by a Contracting State shall be treated as secret in 
the same manner as information obtained under the domestic laws 
of that State and shall be disclosed only to persons or 
authorities (including courts and administrative bodies) 
involved in the assessment, collection, or administration of, 
the enforcement or prosecution in respect of, or the 
determination of appeals in relation to, the taxes covered by 
the Convention or the oversight of the above. Such persons or 
authorities shall use the information only for such purposes. 
They may disclose the information in public court proceedings 
or in judicial decisions.
    2. In no case shall the provisions of paragraph 1 be 
construed so as to impose on a Contracting State the 
obligation:
          a) to carry out administrative measures at variance 
        with the laws and administrative practice of that or of 
        the other Contracting State;
          b) to supply information which is not obtainable 
        under the laws or in the normal course of the 
        administration of that or of the other Contracting 
        State; or
          c) to supply information which would disclose any 
        trade, business, industrial, commercial, or 
        professional secret or trade process, or information 
        the disclosure of which would be contrary to public 
        policy (ordre public).
    3. Notwithstanding paragraph 2, the competent authority of 
the requested State shall have the authority to obtain and 
provide information held by financial institutions, nominees or 
persons acting in an agency or fiduciary capacity, or 
respecting interests in a person. If information is requested 
by a Contracting State in accordance with this Article, the 
other Contracting State shall obtain that information in the 
same manner and to the same extent as if the tax of the first 
mentioned State were the tax of that other State and were being 
imposed by that other State, notwithstanding that the other 
State may not, at that time, need such information for purposes 
of its own tax. If specifically requested by the competent 
authority of a Contracting State, the competent authority of 
the other Contracting State shall provide information under 
this Article in the form of depositions of witnesses and 
authenticated copies of unedited original documents (including 
books, papers, statements, records, accounts, and writings), to 
the same extent such depositions and documents can be obtained 
under the laws and administrative practices of that other State 
with respect to its own taxes.
    4. For purposes of this Article, the Convention shall 
apply, notwithstanding the provisions of Article 2 (Taxes 
Covered), to taxes of every kind imposed by a Contracting 
State.

                               Article 27

                       Administrative Assistance

    1. The Contracting States undertake to lend assistance to 
each other in the collection of taxes referred to in Article 2 
(Taxes Covered), together with interest, costs, additions to 
such taxes, and civil penalties, referred to in this Article as 
a ``revenue claim.''
    2. An application for assistance in the collection of a 
revenue claim shall include a certification by the competent 
authority of the applicant State that, under the laws of that 
State, the revenue claim has been finally determined. For the 
purposes of this Article, a revenue claim is finally determined 
when the applicant State has the right under its internal law 
to collect the revenue claim and all administrative and 
judicial rights of the taxpayer to restrain collection in the 
applicant State have lapsed or been exhausted.
    3. A revenue claim of the applicant State that has been 
finally determined may be accepted for collection by the 
competent authority of the requested State and, subject to the 
provisions of paragraph 7, if accepted shall be collected by 
the requested State as though such revenue claim were the 
requested State's own revenue claim finally determined in 
accordance with the laws applicable to the collection of the 
requested State's own taxes.
    4. Where an application for collection of a revenue claim 
in respect of a taxpayer is accepted
          a) by the United States, the revenue claim shall be 
        treated by the United States as an assessment under 
        United States laws against the taxpayer as of the time 
        the application is received; and
          b) by Denmark, the revenue claim shall be treated by 
        Denmark as an assessment under Danish laws against the 
        taxpayer as of the time the application is received.
    5. Nothing in this Article shall be construed as creating 
or providing any rights of administrative or judicial review of 
the applicant State's finally determined revenue claim by the 
requested State, based on any such rights that may be available 
under the laws of either Contracting State. If, at any time 
pending execution of a request for assistance under this 
Article, the applicant State loses the right under its internal 
law to collect the revenue claim, the competent authority of 
the applicant State shall promptly withdraw the request for 
assistance in collection.
    6. Subject to this paragraph, amounts collected by the 
requested State pursuant to this Article shall be forwarded to 
the competent authority of the applicant State. Unless the 
competent authorities of the Contracting States otherwise 
agree, the ordinary costs incurred in providing collection 
assistance shall be borne by the requested State and any 
extraordinary costs so incurred shall be borne by the applicant 
State.
    7. A revenue claim of an applicant State accepted for 
collection shall not have in the requested State any priority 
accorded to the revenue claims of the requested State.
    8. No assistance shall be provided under this Article for a 
revenue claim in respect of a taxpayer to the extent that the 
taxpayer can demonstrate that
          a) where the taxpayer is an individual, the revenue 
        claim relates to a taxable period in which the taxpayer 
        was a citizen of the requested State, and
          b) where the taxpayer is an entity that is a company, 
        estate or trust, the revenue claim relates to a taxable 
        period in which the taxpayer derived its status as such 
        an entity from the laws in force in the requested 
        State.
    9. Each of the Contracting States shall endeavor to collect 
on behalf of the other Contracting State such amounts as may be 
necessary to ensure that relief granted by the Convention from 
taxation imposed by that other State does not inure to the 
benefit of persons not entitled thereto.
    10. Nothing in this Article shall be construed as imposing 
on either Contracting State the obligation to carry out 
administrative measures of a different nature from those used 
in the collection of its own taxes or that would be contrary to 
its public policy (ordre public).
    11. The competent authorities of the Contracting States 
shall agree upon the mode of application of this Article, 
including agreement to ensure comparable levels of assistance 
to each of the Contracting States.
    12. The requested State shall not be obliged to accede to 
the request of the applicant State:
          a) if the applicant State has not pursued all 
        appropriate collection action in its own jurisdiction; 
        or
          b) in those cases where the administrative burden for 
        the requested State is disproportionate to the benefit 
        to be derived by the applicant State.

                               Article 28

                Diplomatic Agents and Consular Officers

    Nothing in this Convention shall affect the fiscal 
privileges of diplomatic agents or consular officers under the 
general rules of international law or under the provisions of 
special agreements.

                               Article 29

                            Entry into Force

    1. The Contracting States shall notify each other when the 
requirements for the entry into force of this Convention have 
been complied with.
    2. The Convention shall enter into force on the date of the 
receipt of the later of such notifications, and its provisions 
shall have effect:
          a) in respect of taxes withheld at source, for 
        amounts paid or credited on or after the first day of 
        the second month next following the date on which the 
        Convention enters into force;
          b) in respect of other taxes, for taxable periods 
        beginning on or after the first day of January next 
        following the date on which the Convention enters into 
        force.
    3. Subject to paragraph 4, the Convention between Denmark 
and the United States for the Avoidance of Double Taxation and 
the Prevention of Fiscal Evasion with Respect to Taxes on 
Income signed at Washington, D.C., on May 6, 1948 (hereinafter 
referred to as ``the 1948 Convention'') shall cease to have 
effect when the provisions of this Convention take effect in 
accordance with paragraph 2 or 4.
    4. Where the 1948 Convention would have afforded any person 
any greater relief from tax than this Convention, the 1948 
Convention shall, at the election of any person that was 
entitled to benefits under the prior Convention, continue to 
have effect in its entirety for one year after the date on 
which the provisions of this Convention would otherwise first 
have effect pursuant to paragraph 2.
    5. The 1948 Convention shall terminate on the last date on 
which it has effect in accordance with the foregoing provisions 
of this Article.

                               Article 30

                              Termination

    This Convention shall remain in force until terminated by a 
Contracting State. Either Contracting State may terminate the 
Convention by giving notice of termination through diplomatic 
channels. In such event, the Convention shall cease to have 
effect:
          a) in respect of taxes withheld at source, for 
        amounts paid or credited after the expiration of the 6-
        month period beginning on the date on which notice of 
        termination was given; and
          b) in respect of other taxes, for taxable periods 
        beginning on or after the expiration of the 6-month 
        period beginning on the date on which notice of 
        termination was given.

    In witness whereof, the respective plenipotentiaries have 
signed this Treaty.

    Done in duplicate at _____________ this _____, 1997, in the 
English and Arabic languages, each text being equally 
authentic.

    For the Government of the United States of America:
                                        Wesley W. Egan, Jr.
                                                [signature]

    For the Government of the Hashemite Kingdom of Jordan:
                                              Hani al-Mulki
                                                [signature]

    In witness whereof, the undersigned, being duly authorized 
by their respective Governments, have signed this Convention.

    Done at Washington in the English language, this 19th day 
of August, 1999.

    For the Government of the United States of America:
                                       (s) Donald C. Lubick

    For the Government of the Kingdom of Denmark
                                           (s) Lars Moeller

                                Protocol

    At the signing today of the Convention between the 
Government of the United States of America and the Government 
of the Kingdom of Denmark for the Avoidance of Double Taxation 
and the Prevention of Fiscal Evasion with Respect to Taxes on 
Income (``the Convention''), the undersigned have agreed on the 
following provisions, which shall form an integral part of the 
Convention.
    1. Scandinavian Airlines System (SAS) is a consortium 
within the meaning of Article 8 (Shipping and Air Transport), 
its participating members being SAS Danmark A/S, SAS Norge ASA 
and SAS Sverige AB. In order to avoid the problems inherent in 
operating in the United States through a consortium, the 
members of the consortium in 1946 established a New York 
corporation, Scandinavian Airlines System, Inc. (SAS, Inc.) to 
act on their behalf in the United States pursuant to an agency 
agreement dated September 18, 1946. A similar agreement was 
entered into by SAS directly and SAS, Inc., on March 14, 1951. 
Pursuant to the agency agreement, SAS, Inc., is authorized to 
perform only such functions as SAS assigns to it, all in 
connection with international air traffic. Under that 
agreement, all revenues collected by SAS, Inc., are 
automatically credited to SAS. Operation expenses incurred by 
SAS, Inc., are debited to SAS in accordance with the terms of 
the agency agreement. SAS is obligated under the terms of the 
agency agreement to reimburse SAS, Inc. for all of its expenses 
irrespective of the revenues of SAS, Inc. SAS, Inc., does not 
perform any functions except those connected with or incidental 
to the business of SAS as an operator of aircraft in 
international traffic.
    In view of the special nature of the SAS consortium and in 
view of the agency agreement as described above, the United 
States for purposes of Article 8 (Shipping and Air Transport) 
of the Convention shall treat all of the income earned by SAS, 
Inc., that is derived from the operation in international 
traffic of aircraft as the income of the SAS consortium.
    2. This Convention may be extended either in its entirety 
or with any necessary modifications to any part of Denmark to 
which the Convention does not apply and which imposes taxes 
substantially similar in character to those to which the 
Convention applies. Such extension shall take effect from such 
date, shall be subject to such modification and conditions as 
may be specified in a supplementary Convention agreed between 
the Contracting States, and shall enter into force in 
accordance with their constitutional procedures.
    3. Articles 7 (Business Profits) and 24 (Non-
Discrimination) shall not prevent Denmark from continuing to 
tax permanent establishments of United States insurance 
companies in accordance with section 12, paragraph 3, of the 
Danish Company Tax law nor shall it prevent the United States 
from continuing to tax permanent establishments of Danish 
insurance companies in accordance with section 842(b) of the 
Internal Revenue Code.
    4. a) A payment shall be treated as a pension distribution 
under paragraph 1 of Article 18 (Pensions, Social Security, 
Annuities, Alimony and Child Support Payments) if it is a 
payment under a pension scheme recognized for tax purposes in 
the Contracting State where the pension scheme is established.
    b) For this purpose, pension schemes recognized for tax 
purposes shall include the following and any identical or 
substantially similar schemes which are imposed after the date 
of signature of the Convention:
          (i) Under United States law, qualified plans under 
        section 401(a) of the Internal Revenue Code, individual 
        retirement plans (including individual retirement plans 
        that are part of a simplified employee pension plan 
        that satisfies section 408(k), individual retirement 
        accounts, individual retirement annuities, section 
        408(p) accounts, and Roth IRAs under section 408A), 
        section 403(a) qualified annuity plans, and section 
        403(b) plans.
          (ii) Under the law of Denmark, pension schemes under 
        Section I of the Act on Taxation of Pension Schemes 
        (pensionsbeskatningslovens afsnit I).

    In witness whereof, the undersigned, being duly authorized 
by their respective Governments, have signed this Protocol.

    Done at Washington in the English language, this 19th day 
of August, 1999.

    For the Government of the United States of America:
                                       (s) Donald C. Lubick

    For the Government of the Kingdom of Denmark
                                           (s) Lars Moeller
                       9. Friendship Treaties \1\

   a. Countries with which the United States has a Friendship Treaty

      
---------------------------------------------------------------------------
    \1\ Friendship treaties generally encompass additional matters in 
the relationship between the United States and the other party, 
including such items as commerce, navigation, and consular rights.

------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Afghanistan...............................  March 26, 1936
Argentina.................................  December 20, 1854
Austria...................................  May 27, 1931
Belguim...................................  October 3, 1963
Bolivia...................................  November 9, 1862
Brazil....................................  March 18, 1829
Brunei....................................  July 11, 1853
China (Taiwan)............................  November 30, 1948
Cook Islands..............................  September 8, 1953
Costa Rica................................  May 26, 1852
Denmark...................................  August 10, 1826
Ecuador...................................  April 9, 1842
Estonia...................................  May 22, 1926
Finland...................................  August 10, 1934
Germany...................................  July 14, 1956
Greece....................................  October 10, 13, 1954
Honduras..................................  July 19, 1928
Ireland...................................  September 14, 1950
Israel....................................  April 3, 1954
Italy.....................................  July 26, 1949
Japan.....................................  October 30, 1953
Kiribati..................................  September 23, 1983
Korea, Republic of........................  November 7, 1957
Latvia....................................  July 25, 1928
Liberia...................................  November 21, 1939
Luxembourg................................  March 28, 1963
Mexico....................................  May 30, 1848
Nepal.....................................  April 25, 1947
Netherlands...............................  November 21, 1946
Norway....................................  September 13, 1932
Pakistan..................................  February 12, 1961
Paraguay..................................  March 7, 1860
Spain.....................................  April 14, 1903
Suriname..................................  February 10, 1963
Sweden....................................  November 8, 1855
Tuvalu....................................  September 23, 1983
Venezuela.................................  May 31, 1836
Yemen.....................................  May 4, 1946
------------------------------------------------------------------------

  b. Treaty of Friendship, Commerce and Navigation Between the United 
             States and the Netherlands, With Protocol \1\

 Signed at the Hague, March 27, 1956; Entered into force, December 5, 
                                  1957

    Whereas a treaty of friendship, commerce and navigation 
between the United States of America and the Kingdom of the 
Netherlands, together with a protocol and an exchange of notes 
relating thereto, was signed at The Hague on March 27, 1956;
---------------------------------------------------------------------------
    \1\ TIAS 3942. The full text of the Treaty of Friendship, Commerce 
and Navigation Between the Government of the United States of America 
and the Government of the Netherlands, with Protocol, is set out in 
this volume as a model of the other 37 Friendship Treaties that were in 
force for the United States as of December 31, 2005.
---------------------------------------------------------------------------
    Whereas the originals of the said treaty and protocol in 
the English and Netherlands languages and the text of the 
exchange of notes signed in the English language are word for 
word as follows:

    The United States of America and the Kingdom of the 
Netherlands,

    desirous of strengthening the bonds of peace and friendship 
traditionally existing between them and of encouraging closer 
economic and cultural relations between their peoples, and 
being cognizant of the contributions which may be made toward 
these ends by arrangements promoting mutually advantageous 
commercial intercourse, encouraging mutually beneficial 
investments, and establishing mutual rights and privileges,

    have resolved to conclude a Treaty of Friendship, Commerce 
and Navigation, based in general upon the principles of 
national and unconditional most-favored-nation treatment 
reciprocally accorded,

    and for that purpose have appointed as their 
Plenipotentiaries:

    the President of the United States of America:

    H.E. Mr. H. Freeman Matthews, Ambassador extraordinary and 
plenipotentiary of the United States of America at The Hague,

    and Her Majesty the Queen of the Netherlands:

    H.E. Dr. J.W. Beyen, Minister of Foreign Affairs, and

    H.E. Dr. J. M. A. H. Luns, Minister without Portfolio, who, 
having communicated to each other their full powers found to be 
in due form, have agreed as follows:

                               Article I

    1. Each Party shall at all times accord fair and equitable 
treatment to the nationals and companies of the other Party, 
and to their property, enterprises and other interests.
    2. Between the territories of the two Parties there shall 
be, in accordance with the provisions of the present Treaty, 
freedom of commerce and navigation.

                               Article II

    1. Nationals of either Party shall be permitted to enter 
the territories of the other Party and to remain therein:
          (a) for the purpose of carrying on trade between the 
        territories of the two Parties and engaging in related 
        commercial activities;
          (b) for the purpose of developing and directing the 
        operations of an enterprise in which they have 
        invested, or in which they are actively in the process 
        of investing, a substantial amount of capital; and
          (c) for other purposes subject to the laws relating 
        to the entry and sojourn of aliens.
    2. Each Party undertakes to make available the best 
facilities practicable for travel by tourists and other 
visitors with respect to their entry, sojourn and departure, 
and for the distribution of information for tourists.
    3. Nationals of either Party, within the territories of the 
other Party, shall be permitted:
          (a) to travel therein freely, and to reside at places 
        of their choice;
          (b) to enjoy liberty of conscience;
          (c) to hold both private and public religious 
        services;
          (d) to gather and to transmit material for 
        dissemination to the public abroad; and
          (e) to communicate with other persons inside and 
        outside such territories by mail, telegraph and other 
        means open to general public use.
    4. The provisions of the present Article shall be subject 
to the right of either Party to apply measures that are 
necessary to maintain public order and protect the public 
health, morals and safety.

                              Article III

    1. Nationals of either Party within the territories of the 
other Party shall be free from molestations of every kind, and 
shall receive the most constant protection and security. They 
shall be accorded in like circumstances treatment no less 
favorable than that accorded nationals of such other Party for 
the protection and security of their persons and their rights. 
The treatment accorded in this respect shall in no case be less 
favorable than that accorded nationals of any third country or 
that required by international law.
    2. If, within the territories of either Party, a national 
of the other Party is taken into custody, the nearest consular 
representative of his country shall on the demand of such 
national be immediately notified and shall have the right to 
visit and communicate with such national. Such national shall:
          (a) receive reasonable and humane treatment;
          (b) be promptly informed of the accusations against 
        him;
          (c) be brought to trial as promptly as is consistent 
        with proper preparation of his defense; and
          (d) enjoy all means reasonably necessary to his 
        defense, including the services of competent counsel of 
        his choice.

                               Article IV

    1. Nationals of either Party shall be accorded national 
treatment in the application of laws and regulations within the 
territories of the other Party that establish a pecuniary 
compensation or other benefit or service, on account of 
disease, injury or death arising out of and in the course of 
employment or due to the nature of employment.
    2. In addition to the rights and privileges provided in 
paragraph 1 of the present Article, nationals of either Party 
shall, within the territories of the other Party, be accorded 
national treatment in the application of laws and regulations 
establishing compulsory systems of social security, under which 
benefits are paid without an individual test of financial need 
in the following cases:
          (a) sickness, including temporary disability for 
        work, and maternity;
          (b) invalidity, or occupational disability;
          (c) death of father, spouse, or any other person 
        liable for maintenance;
          (d) unemployment.

                               Article V

    1. Nationals and companies of either Party shall be 
accorded national treatment with respect to access to the 
courts of justice and to administrative tribunals and agencies 
within the territories of the other Party, in all degrees of 
jurisdiction, both in pursuit and in defense of their rights. 
It is understood that companies of either Party not engaged in 
activities within the territories of the other Party shall 
enjoy such access therein without any requirement of 
registration or domestication.
    2. (a) Contracts entered into between nationals or 
companies of either Party and nationals or companies of the 
other Party, that provide for the settlement by arbitration of 
controversies, shall not be deemed unenforceable within the 
territories of such other Party merely on the grounds that the 
place designated for the arbitration proceedings is outside 
such territories or that the nationality of one or more of the 
arbitrators is not that of such other Party.
    (b) In conformity with subparagraphs (1) and (2) hereof, 
awards duly rendered pursuant to any such contracts, which are 
final and enforceable under the laws of the place where 
rendered, shall be deemed conclusive in enforcement proceedings 
brought before the courts of competent jurisdiction of either 
Party.
          (1) As regards recognition and enforcement in the 
        United States of America, such awards shall be entitled 
        in any court in any State thereof only to the same 
        measure of recognition and enforcement as awards 
        rendered in other States thereof.
          (2) As regards enforcement in the Kingdom of the 
        Netherlands, such awards shall be dealt with in the 
        same way as awards as referred to in the Convention on 
        the execution of foreign arbitral awards concluded at 
        Geneva on September 26, 1927.

                               Article VI

    1. Property of nationals and companies of either Party 
shall receive the most constant protection and security within 
the territories of the other Party.
    2. The dwellings, offices, warehouses, factories and other 
premises of nationals and companies of either Party located 
within the territories of the other Party shall not be subject 
to molestation or to entry without just cause. Official 
searches and examinations of such premises and their contents, 
when necessary, shall be made only according to law and with 
careful regard for the convenience of the occupants and the 
conduct of business.
    3. Neither Party shall take unreasonable or discriminatory 
measures that would impair the rights or interests within its 
territories of nationals and companies of the other Party, 
whether in their capital, or in their enterprises and the 
property thereof, or in the skills, arts or technology which 
they have supplied.
    4. Property of nationals and companies of either Party 
shall not be taken within the territories of the other Party 
except for a public interest, nor shall it be taken without the 
prompt payment of just compensation. Such compensation shall be 
in an effectively realizable form and shall represent the 
equivalent of the property taken; and adequate provision shall 
have been made at or prior to the time of taking for the 
determination and payment thereof.
    5. Nationals and companies of either Party shall in no case 
be accorded, within the territories of the other Party, less 
than national treatment and most-favored-nation treatment with 
respect to the matters set forth in paragraphs 2 and 4 of the 
present Article. Moreover, enterprises in which nationals and 
companies of either Party have a substantial interest shall be 
accorded, within the territories of the other Party, not less 
than national treatment and most-favored-nation treatment in 
all matters relating to the taking of privately owned 
enterprises into public ownership and to the placing of such 
enterprises under public control or administration.

                              Article VII

    1. Nationals and companies of either Party shall be 
accorded national treatment with respect to engaging in all 
types of commercial, industrial, financial and other activity 
for gain (business activities) within the territories of the 
other Party, whether directly or by agent or through the medium 
of any form of lawful juridical entity. Accordingly, such 
nationals and companies shall be permitted within such 
territories:
          (a) to establish and maintain branches, agencies, 
        offices, factories and other establishments appropriate 
        to the conduct of their business;
          (b) either directly or indirectly through one or more 
        intermediaries, to organize companies under the general 
        company laws of such other Party and to acquire the 
        controlling interest in companies of such other Party;
          (c) to control and manage enterprises which they have 
        established or acquired. Moreover, enterprises which 
        they control, whether in the form of individual 
        proprietorships, companies or otherwise, shall in all 
        that relates to the conduct of the activities thereof, 
        be accorded treatment no less favorable than that 
        accorded like enterprises controlled by nationals and 
        companies of such other Party.
    2. Each Party reserves the right to limit the extent to 
which aliens may within its territories establish, acquire 
interests in, or carry on enterprises engaged in 
communications, air or water transport, banking involving 
depository or fiduciary functions, or the exploitation of land 
or other natural resources. However, new limitations imposed by 
either Party upon the extent to which aliens are accorded 
national treatment, with respect to carrying on such activities 
within its territories, shall not be applied as against 
enterprises which are engaged in such activities therein at the 
time such new limitations are adopted and which are owned or 
controlled by nationals and companies of the other Party. 
Moreover, neither Party shall deny to transportation, 
communications and banking companies of the other Party the 
right to maintain branches and agencies, in conformity with the 
applicable laws and regulations, to perform functions necessary 
for essentially international operations in which they engage.
    3. The provisions of paragraph 1 of the present Article 
shall not prevent either Party from prescribing special 
formalities in connection with the establishment of alien-
controlled enterprises within its territories; but such 
formalities may not impair the substance of the rights set 
forth in said paragraph.
    4. Nationals and companies of either Party, as well as 
enterprises controlled by such nationals and companies, shall 
in any event be accorded most-favored-nation treatment with 
reference to the matters treated in the present Article.

                              Article VIII

    1. Nationals and companies of either Party shall be 
permitted to engage, within the territories of the other Party, 
accountants and other technical experts, executive personnel, 
attorneys, agents and other specialists of their choice. 
Moreover, such nationals and companies shall be permitted to 
engage accountants and other technical experts regardless of 
the extent to which they may have qualified for the practice of 
a profession within the territories of such other Party, for 
the particular purpose of making examinations, audits and 
technical investigations for, and rendering reports to, such 
nationals and companies in connection with the planning and 
operation of their enterprises, and enterprises in which they 
have a financial interest, within such territories.
    2. Nationals and companies of either Party shall be 
accorded national treatment and most favored-nation treatment 
with respect to engaging in scientific, educational, religious 
and philanthropic activities within the territories of the 
other Party, and shall be accorded the right to form 
associations for that purpose under the laws of such other 
Party.

                               Article IX

    1. Nationals and companies of the Kingdom of the 
Netherlands shall be accorded, within the territories of the 
United States of America:
          (a) national treatment with respect to leasing land, 
        buildings and other real property appropriate to the 
        conduct of activities in which they are permitted to 
        engage pursuant to Articles VII and VIII and for 
        residential purposes and with respect to occupying and 
        using such property; and
          (b) other rights in real property permitted by the 
        applicable laws of the States, Territories and 
        possessions of the United States of America.
    2. Nationals and companies of the United States of America 
shall be accorded, within the territories of the Kingdom of the 
Netherlands, national treatment with respect to acquiring by 
purchase, lease, or otherwise, and with respect to owning, 
occupying and using land, buildings and other real property. 
However, in the case of any such national domiciled in, or any 
such company constituted under the laws of, any State, 
Territory or possession of the United States of America that 
accords less than national treatment to nationals and companies 
of the Kingdom of the Netherlands in this respect, the Kingdom 
of the Netherlands shall not be obligated to accord to such 
national or company treatment more favorable in this respect 
than such State, Territory or possession accords to nationals 
and companies of the Kingdom of the Netherlands.
    3. Nationals and companies of either Party shall be 
accorded within the territories of the other Party national 
treatment and most-favored-nation treatment with respect to 
acquiring, by purchase, lease, or otherwise, and with respect 
to owning and possessing, personal property of all kinds, both 
tangible and intangible. However, either Party may impose 
restrictions on alien ownership of materials dangerous from the 
standpoint of public safety and alien ownership of interests in 
enterprises carrying on particular types of activity, but only 
to the extent that this can be done without impairing the 
rights and privileges secured by Article VII or by other 
provisions of the present Treaty.
    4. Nationals and companies of either Party shall be 
accorded national treatment within the territories of the other 
Party with respect to acquiring property of all kinds by 
testate or intestate succession or through judicial process. 
Should they because of their alienage be ineligible to continue 
to own any such property, they shall be allowed a reasonable 
period in which to dispose of it, in a normal manner at its 
market value.
    5. Nationals and companies of either Party shall be 
accorded within the territories of the other Party national 
treatment and most-favored-nation treatment with respect to 
disposing of property of all kinds. Furthermore, with respect 
to the acquisition, ownership, use and disposition of property 
of all kinds within the territories of either Party, companies 
constituted under the laws of that Party, which are controlled 
by nationals and companies of the other Party, shall be 
accorded treatment no less favorable than that accorded within 
such territories to companies of such other Party or to 
companies similarly constituted which are controlled by 
nationals and companies of any third country.

                               Article X

    1. Nationals and companies of either Party shall be 
accorded, within the territories of the other Party, national 
treatment with respect to obtaining and maintaining patents of 
invention, and with respect to rights in trade marks, trade 
names, trade labels and industrial property of every kind.
    2. The Parties agree as to the desirability of furthering, 
through cooperative or other appropriate means, the interchange 
and use of scientific and technical knowledge, particularly in 
the interest of increasing productivity and improving standards 
of living within their respective territories.

                               Article XI

    1. Nationals of either Party residing within the 
territories of the other Party, and nationals and companies of 
either Party engaged in trade or other gainful pursuit or in 
scientific, educational, religious or philanthropic activities 
within the territories of the other Party, shall not be subject 
to the payment of taxes, fees or charges imposed upon or 
applied to income, capital, transactions, activities or any 
other object, or to requirements with respect to the levy and 
collection thereof, within the territories of such other Party, 
more burdensome than those borne by nationals and companies of 
such other Party.
    2. With respect to nationals of either Party who are 
neither resident nor engaged in trade or other gainful pursuit 
within the territories of the other Party, and with respect to 
companies of either Party which are not engaged in trade or 
other gainful pursuit within the territories of the other 
Party, it shall be the aim of such other Party to apply in 
general the principle set forth in paragraph 1 of the present 
Article.
    3. Nationals and companies of either Party shall in no case 
be subject, within the territories of the other Party, to the 
payment of taxes, fees or charges imposed upon or applied to 
income, capital, transactions, activities or any other object, 
or to requirements with respect to the levy and collection 
thereof, more burdensome than those borne by nationals, 
residents and companies of any third country.
    4. In the case of companies and of non-resident nationals 
of either Party engaged in trade or other gainful pursuit 
within the territories of the other Party, such other Party 
shall not impose or apply any tax, fee or charge upon any 
income, capital or other basis in excess of that reasonably 
allocable or apportionable to its territories, nor grant 
deductions and exemptions less than those reasonably allocable 
or apportionable to its territories. A comparable rule shall 
apply also in the case of companies organized and operated 
exclusively for scientific, educational, religious or 
philanthropic purposes.
    5. Each Party reserves the right to:
          (a) extend specific tax advantages on the basis of 
        reciprocity;
          (b) accord special tax advantages by virtue of 
        agreements for the avoidance of double taxation or the 
        mutual protection of revenue; and
          (c) accord to its own nationals and to residents of 
        contiguous countries more favorable exemptions of a 
        personal nature with respect to income and inheritance 
        taxes than are accorded to other non-resident persons.

                              Article XII

    1. Nationals and companies of either Party shall be 
accorded by the other Party national treatment and most-
favored-nation treatment with respect to payments, remittances 
and transfers of funds or financial instruments between the 
territories of the two Parties as well as between the 
territories of such other Party and of any third country.
    2. Neither Party shall impose exchange restrictions as 
defined in paragraph 5 of the present Article except to the 
extent necessary to maintain or restore adequacy in its 
monetary reserves, particularly in relation to its external 
commercial and financial requirements. It is understood that 
the provisions of the present Article do not alter the 
obligations either Party may have to the International Monetary 
Fund or preclude imposition of particular restrictions whenever 
the Fund specifically authorizes or requests a Party to impose 
such particular restrictions.
    3. If either Party imposes exchange restrictions in 
accordance with paragraph 2 of the present Article, it shall, 
after making whatever provision may be necessary to assure the 
availability of foreign exchange for goods and services 
essential to the health and welfare of its people, make 
reasonable provision for the withdrawal, in foreign exchange in 
the currency of the other Party, of:
          (a) the compensation referred to in Article VI, 
        paragraph 4,
          (b) earnings, whether in the form of salaries, 
        interest, dividends, commissions, royalties, payments 
        for technical services, or otherwise, and
          (c) amounts for amortization of loans, depreciation 
        of direct investments, and capital transfers to the 
        extent feasible, giving consideration to special needs 
        for other transactions. If more than one rate of 
        exchange is in force, the rate applicable to such 
        withdrawals shall be a rate which is specifically 
        approved by the International Monetary Fund for such 
        transactions or, in the absence of a rate so approved, 
        an effective rate which, inclusive of any taxes or 
        surcharges on exchange transfers, is just and 
        reasonable.
    4. Exchange restrictions shall not be imposed by either 
Party in a manner unnecessarily detrimental or arbitrarily 
discriminatory to the claims, investments, transport, trade, 
and other interests of nationals and companies of the other 
Party, nor to the competitive position thereof. Each Party 
shall afford the other Party adequate opportunity for 
consultation at any time regarding application of the present 
Article.
    5. The term ``exchange restrictions'' as used in the 
present Article includes all restrictions, regulations, 
charges, taxes, or other requirements imposed by either Party 
which burden or interfere with payments, remittances, or 
transfers of funds or of financial instruments between the 
territories of the two Parties.
    6. Questions arising under the present Treaty concerning 
exchange control are governed by the provisions of the present 
Article.

                              Article XIII

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

                              Article XIV

    1. Each Party shall accord most-favored-nation treatment to 
products of the other Party, from whatever place and by 
whatever type of carrier arriving, and to products destined for 
exportation to the territories of such other Party, by whatever 
route and by whatever type of carrier, with respect to customs 
duties and charges of any kind imposed on or in connection with 
importation or exportation or imposed on the international 
transfer of payments for imports or exports, and with respect 
to the method of levying such duties and charges, and with 
respect to all rules and formalities in connection with 
importation and exportation.
    2. Neither Party shall impose restrictions or prohibitions 
on the importation of any product of the other Party, or on the 
exportation of any product to the territories of the other 
Party, unless the importation of the like product of, or the 
exportation of the like product to, all third countries is 
similarly restricted or prohibited.
    3. If either Party imposes quantitative restrictions on the 
importation or exportation of any product in which the other 
Party has an important interest:
          (a) it shall as a general rule give prior public 
        notice of the total amount of the product, by quantity 
        or value, that may be imported or exported during a 
        specified period, and of any change in such amount or 
        period; and
          (b) if it makes allotments to any third country, it 
        shall afford such other Party a share proportionate to 
        the amount of the product, by quantity or value, 
        supplied by or to it during a previous representative 
        period, due consideration being given to any special 
        factors affecting the trade in such product.
    4. Either Party may impose prohibitions or restrictions on 
sanitary or other customary grounds of a non-commercial nature, 
or in the interest of preventing deceptive or unfair practices, 
provided such prohibitions or restrictions do not arbitrarily 
discriminate against the commerce of the other Party.
    5. Nationals and companies of either Party shall be 
accorded national treatment and most-favored-nation treatment 
by the other Party with respect to all matters relating to 
importation and exportation.
    6. Notwithstanding the provisions of paragraphs 2 and 3 (b) 
of the present Article, a Party may apply restrictions or 
controls on importation and exportation of goods that have 
effect equivalent to, or which are necessary to make effective, 
exchange restrictions applied pursuant to Article XII. However, 
such restrictions or controls shall depart no more than 
necessary from the aforesaid paragraphs and shall be 
conformable with a policy designed to promote the maximum 
development of nondiscriminatory foreign trade and to expedite 
the attainment both of a balance-of-payments position and of 
monetary reserves which will obviate the necessity of such 
restrictions.

                               Article XV

    1. Each Party shall promptly publish laws, regulations and 
administrative rulings of general application pertaining to 
rates of duty, taxes or other charges, to the classification of 
articles for customs purposes, and to requirements or 
restrictions on imports and exports or the transfer of payments 
therefore, or affecting their sale, distribution or use; and 
shall administer such laws, regulations and rulings in a 
uniform, impartial and reasonable manner. As a general 
practice, new administrative requirements or restrictions 
affecting imports, with the exception of those imposed on 
sanitary grounds or for reasons of public safety, shall not go 
into effect before the expiration of a reasonable time, in the 
light of circumstances.
    2. Each Party shall provide an appeals procedure under 
which nationals and companies of the other Party, and importers 
of products of such other Party, shall be able to obtain prompt 
and impartial review, and correction when warranted, of 
administrative action relating to customs matters, including 
the imposition of fines and penalties, confiscations, and 
rulings on questions of customs classification and valuation by 
the administrative authorities.
    3. Penalties imposed by either Party for infractions of the 
customs and shipping laws and regulations concerning 
documentation shall be no greater than necessary to serve 
merely as a warning in the case of clerical errors and of 
errors made without fraudulent intent or gross negligence.
    4. With reference to marking requirements applicable to 
imported products, each Party shall as a general practice:
          (a) allow required marks of origin to be affixed 
        after importation;
          (b) not permit markings that result in 
        misrepresenting the true origin of the products; and
          (c) not apply requirements that entail an expense 
        which is economically prohibitive or that result in 
        seriously damaging the product.
    5. Neither Party shall impose any measure of a 
discriminatory nature that hinders or prevents the importer or 
exporter of products of either country from obtaining marine 
insurance on such products in companies of either Party.

                              Article XVI

    1. Products of either Party shall be accorded, within the 
territories of the other Party, national treatment and most-
favored-nation treatment in all matters affecting internal 
taxation, sale, distribution, storage and use.
    2. Articles produced by nationals and companies of either 
Party within the territories of the other Party, or by 
companies of the latter Party controlled by such nationals and 
companies, shall be accorded therein treatment no less 
favorable than that accorded to like articles of national 
origin by whatever person or company produced, in all matters 
affecting exportation, taxation, sale, distribution, storage 
and use.

                              Article XVII

    1. Each Party undertakes:
          (a) that enterprises owned or controlled by its 
        Government, and that monopolies or agencies granted 
        exclusive or special privileges within its territories, 
        shall make their purchases and sales involving either 
        imports or exports affecting the commerce of the other 
        Party solely in accordance with commercial 
        considerations, including price, quality, availability 
        marketability, transportation and other conditions of 
        purchase or sale; and
          (b) that the nationals, companies and commerce of 
        such other Party shall be afforded adequate 
        opportunity, in accordance with customary business 
        practice, to compete for participation in such 
        purchases and sales.
    2. Each Party shall accord to the nationals, companies and 
commerce of the other Party fair and equitable treatment, as 
compared with that accorded to the nationals, companies and 
commerce of any third country, with respect to:
          (a) the governmental purchase of supplies;
          (b) the awarding of concessions and other government 
        contracts; and
          (c) the sale of any service sold by the Government or 
        by any monopoly or agency granted exclusive or special 
        privileges.

                             Article XVIII

    1. The Parties recognize that conditions of competitive 
equality should be maintained in situations in which publicly 
owned or controlled trading or manufacturing enterprises of 
either Party engage in competition, within the territories 
thereof, with privately owned and controlled enterprises of 
nationals and companies of the other Party. Accordingly, such 
state-owned enterprises should not be given special economic 
privileges in order to injure the competitive position of such 
private enterprises. However, this principle shall not be 
construed to prevent either Party from making such special 
concessions in aid of state-owned enterprises as it deems 
necessary during periods of economic crisis, especially to 
relieve unemployment. This principle, moreover, is without 
prejudice to special advantages given in connection with:
          (a) manufacturing goods for government use, or 
        supplying goods and services to the Government for 
        government use; or
          (b) supplying, at prices substantially below 
        competitive prices, the needs of particular population 
        groups for essential goods and services not otherwise 
        practically obtainable by such groups.
    2. No enterprise of either Party, including corporations, 
associations, and government agencies and instrumentalities, 
which is publicly owned or controlled shall, to the extent that 
it engages in commercial, industrial, shipping or other 
business activities within the territories of the other Party, 
claim or enjoy, either for itself or for its property, immunity 
therein from taxation, suit, execution of judgment or other 
liability to which privately owned and controlled enterprises 
are subject therein.

                              Article XIX

    1. Vessels under the flag of either Party, and carrying the 
papers required by its laws in proof of nationality, shall be 
deemed to be vessels of that Party both on the high seas and 
within the ports, places and waters of the other Party.
    2. Vessels of either Party shall have liberty, on equal 
terms with vessels of the other Party and on equal terms with 
vessels of any third country, to come with their cargoes to all 
ports, places and waters of such other Party open to foreign 
commerce and navigation. Such vessels and cargoes shall in all 
respects be accorded national treatment and most-favored-nation 
treatment within the ports, places and waters of such other 
Party; but each Party may reserve exclusive rights and 
privileges to its own vessels with respect to the coasting 
trade and inland navigation.
    3. Vessels of either Party shall be accorded national 
treatment and most-favored-nation treatment with respect to the 
right to carry all cargo that may be carried by vessel to or 
from the territories of the other Party.
    4. Goods carried by vessels under the flag of either Party 
to or from the territories of the other Party shall enjoy the 
same favors as when transported in vessels sailing under the 
flag of such other Party. This applies especially with regard 
to customs duties and all other fees and charges, to bounties, 
drawbacks and other privileges of this nature, as well as to 
the administration of the customs and to transport to and from 
port by rail and other means of transportation.
    5. If a vessel of either Party runs aground or is wrecked 
on the coasts of the other Party, or if it is in distress and 
must put into a port of the other Party, the latter Party shall 
extend to the vessel as well as to the crew, the passengers, 
the personal property of crew and passengers, and to the cargo 
of the vessel, the same protection and assistance as would have 
been extended to a vessel under its own flag in like 
circumstances; and shall permit the vessel after repairs to 
proceed with its voyage upon conformity with the laws 
applicable alike to vessels under its own flag. Articles 
salvaged from the vessel shall be exempt from all customs 
duties unless they pass into internal consumption; but articles 
not entered for consumption may be subject to measures for the 
protection of the revenue pending their exit from the country.
    6. The term ``vessels'', as used herein, means all types of 
vessels, whether privately owned or operated, or publicly owned 
or operated, except vessels of war. This term does not, except 
with reference to paragraphs 1 and 5 of the present Article and 
Article XX, include fishing vessels.

                               Article XX

    1. In all ports of either Party the masters of all vessels 
under the flag of the other Party, whose crews have ceased to 
be fully constituted on account of illness or for any other 
cause, shall be permitted to engage such seamen as may be 
necessary for the continuation of the voyage.
    2. Nationals of either Party who are seamen may be sent to 
ports of the other Party to join national vessels, in care of 
consular officers, either individually or in groups on the 
basis of seamen's papers issued in lieu of passports. Likewise, 
nationals of either Party shall be permitted to travel through 
the territory of the other Party on their way to join vessels 
or to be repatriated on the basis of seamen's papers used in 
lieu of passports.

                              Article XXI

    There shall be freedom of transit through the territories 
of each Party by the routes most convenient for international 
transit:
          (a) for nationals of the other Party, together with 
        their baggage;
          (b) for other persons, together with their baggage, 
        en route to or from the territories of such other 
        Party; and
          (c) for products of any origin en route to or from 
        the territories of such other Party. Such persons and 
        things in transit shall be exempt from customs duties, 
        from duties imposed by reason of transit, and from 
        unreasonable charges and requirements; and shall be 
        free from unnecessary delays and restrictions. They 
        shall, however, be subject to measures referred to in 
        paragraph 4 of Article II, and to nondiscriminatory 
        regulations necessary to prevent abuse of the transit 
        privilege.

                              Article XXII

    1. The present Treaty shall not preclude the application of 
measures by either Party:
          (a) regulating the importation or exportation of gold 
        or silver;
          (b) relating to fissionable materials, to radioactive 
        by-products of the utilization or processing thereof, 
        or to materials that are the source of fissionable 
        materials;
          (c) regulating the production of or traffic in arms, 
        ammunition and implements of war, or traffic in other 
        materials carried on directly or indirectly for the 
        purpose of supplying a military establishment;
          (d) necessary to fulfil its obligations for the 
        maintenance or restoration of international peace and 
        security, or necessary to protect its essential 
        security interests;
          (e) denying to any company in which nationals of any 
        third country or countries enjoy directly or indirectly 
        the controlling interest, the advantages of the present 
        Treaty, except with respect to recognition of juridical 
        status and with respect to access to courts; and
          (f) regarding its national fisheries and the landing 
        of the products thereof.
    2. The most-favored-nation provisions of the present Treaty 
shall not apply to advantages accorded by:
          (a) the United States of America or its Territories 
        and possessions to one another, to the Republic of 
        Cuba, to the Republic of the Philippines, to the Trust 
        Territory of the Pacific Islands or to the Panama Canal 
        Zone; or
          (b) by the Parts of the Kingdom of the Netherlands to 
        one another, by the Netherlands to its Benelux-partners 
        (Belgium, including its Overseas and Trust Territories, 
        and Luxembourg), or by the Kingdom of the Netherlands 
        to the Republic of Indonesia.
    3. The most-favored-nation treatment provisions of the 
present Treaty shall not apply to advantages accorded by either 
Party to adjacent countries in order to facilitate frontier 
traffic, or by virtue of a customs union or free trade area of 
which either Party may become a member, after having informed 
the other Party of its plans and having afforded it opportunity 
to express its views thereon.
    4. The provisions of the present Treaty relating to the 
treatment of goods shall not preclude action by either Party 
which is required or specifically permitted under the General 
Agreement on Tariffs and Trade during such time as such Party 
is a contracting party to the General Agreement. Similarly, the 
most-favored-nation provisions of the present Treaty shall not 
apply to special advantages accorded by virtue of the aforesaid 
Agreement.
    5. Nationals of either Party admitted into the territories 
of the other Party for limited purposes shall not enjoy rights 
to engage in gainful occupations in contravention of 
limitations expressly imposed, according to law, as a condition 
of their admittance.
    6. Nothing in the present Treaty shall be deemed to grant 
or imply any right to engage in political activities.

                             Article XXIII

    1. The term ``national treatment'' means treatment accorded 
within the territories of a Party upon terms no less favorable 
than the treatment accorded therein, in like situations, to 
nationals, companies, products, vessels or other objects, as 
the case may be, of such Party.
    2. The term ``most-favored-nation treatment'' means 
treatment accorded within the territories of a Party upon terms 
no less favorable than the treatment accorded therein, in like 
situations, to nationals, companies, products, vessels or other 
objects, as the case may be, of any third country.
    3. As used in the present Treaty, the term ``companies'' 
means corporations, partnerships, companies, foundations, 
associations, and other legal entities or juridical person, 
whether or not with limited liability and whether or not for 
pecuniary profit. Companies constituted under the applicable 
laws and regulations within the territories of either Party 
shall be deemed companies thereof and shall have their 
juridical status recognized within the territories of the other 
Party.
    4. National treatment accorded under the provisions of the 
present Treaty to companies shall:
          (a) as regards companies of the Kingdom of the 
        Netherlands, in any State, Territory or possession of 
        the United States of America, be the treatment accorded 
        therein to companies created or organized in other 
        States, Territories and possessions of the United 
        States of America; and
          (b) as regards companies of the United States of 
        America, in any Part of the Kingdom of the Netherlands, 
        be the treatment accorded therein to companies created 
        or organized in any other Part of the Kingdom. 
        Furthermore, in any Part of the Kingdom of the 
        Netherlands outside Europe, national treatment accorded 
        to nationals of the United States of America shall be 
        the treatment accorded in such Part to Netherlands 
        nationals not born in that Part.

                              Article XXIV

    The territories to which the present Treaty extends shall 
comprise all areas of land and water under the jurisdiction of 
each Party, as well as any territory for which it has 
international responsibility, other than the Panama Canal Zone 
and the Trust Territory of the Pacific Islands, provided that 
it shall not apply with respect to Surinam or the Netherlands 
Antilles, respectively, until one month after the receipt by 
the Government of the United States of America of notifications 
of such application by the Kingdom of the Netherlands.

                              Article XXV

    1. Each Party shall accord sympathetic consideration to, 
and shall afford adequate opportunity for consultation 
regarding, such representations as the other Party may make 
with respect to any matter affecting the operation of the 
present Treaty.
    2. Any dispute between the Parties as to the interpretation 
or application of the present Treaty, not satisfactorily 
adjusted by diplomacy, shall be submitted to the International 
Court of Justice, unless the Parties agree to settlement by 
some other pacific means.

                              Article XXVI

    The present Treaty shall replace the convention of commerce 
and navigation signed at Washington August 26, 1852, and the 
agreement in regard to trade marks effected by exchange of 
notes signed at Washington February 10 and 16, 1883.

                             Article XXVII

    1. The present Treaty shall be ratified, and the 
ratifications thereof shall be exchanged at Washington as soon 
as possible.
    2. The present Treaty shall enter into force one month 
after the day of exchange of ratifications. It shall remain in 
force for ten years and shall continue in force thereafter 
until terminated as provided herein.
    3. Either Party may, by giving one year's written notice to 
the other Party, terminate the present Treaty at the end of the 
initial ten-year period or at any time thereafter with respect 
to all the territories to which it applies or with respect to 
Surinam or the Netherlands Antilles.

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

    Done in duplicate, in the English and Netherlands 
languages, both texts being equally authentic, at The Hague, 
this 27th day of March, one thousand nine hundred fifty-six.

    For the United States of America:
                                        H. Freeman Matthews

    For the Kingdom of the Netherlands:
                                    J W Beyen, J M A H Luns

                                Protocol

    At the time of signing the Treaty of Friendship, Commerce 
and Navigation between the United States of America and the 
Kingdom of the Netherlands, the undersigned Plenipotentiaries, 
duly authorized by their respective Governments, have further 
agreed on the following provisions, which shall be considered 
integral parts of the aforesaid Treaty:
          1. The spouse and unmarried minor children of a 
        person permitted entry under the provisions of Article 
        II, paragraph 1(a) and (b), shall also be permitted 
        entry if accompanying him or following to join him.
          2. The provisions of Article II, paragraph 1 (b), 
        shall be construed to extend to persons who represent 
        nationals and companies of the same nationality which 
        have invested or are actively in the process of 
        investing a substantial amount of capital in an 
        enterprise in the territories of the other Party, and 
        who are employed by such nationals and companies in a 
        responsible capacity.
          3. With respect to Article II, paragraph 1, and the 
        first sentence of Article VIII, paragraph 1, nationals 
        of the United States of America shall be accorded in 
        any Part of the Kingdom of the Netherlands outside 
        Europe the treatment accorded therein to Netherlands 
        nationals not born in that Part.
          4. The provisions of Article IV, paragraph 2, refer 
        only to laws or regulations which either are national 
        laws or regulations or are based in whole or in part on 
        requirements of national laws or regulations. Moreover, 
        that paragraph shall not be construed to prevent a 
        Party from relieving aliens temporarily resident within 
        its territories from coverage under its contributory 
        social security system.
          5. The term ``access'' as used in Article V, 
        paragraph 1, comprehends, among other things, legal 
        aid, cost-free access to the courts and exemption from 
        security for costs.
          6. The provisions of Article VI, paragraph 4, 
        providing for the payment of compensation shall extend 
        to interests held directly or indirectly by nationals 
        and companies of either Party in property which is 
        taken within the territories of the other Party.
          7. The provisions of Article VII do not obligate 
        either Party to permit nationals and companies of the 
        other Party to carry on businesses in its territories 
        without fulfilling the requirements which are generally 
        applicable by law.
          8. The activities referred to in Article VII, 
        paragraph 1, do not include the practice of 
        professions.
          9. With reference to Article VII, paragraph 1, it is 
        understood that either Party may, consistently with the 
        terms and intent of the Treaty, apply special 
        requirements to alien insurance companies with a view 
        to assuring that such companies maintain standards of 
        accountability and solvency comparable with those 
        required of like domestic companies, so long as such 
        requirements do not have the effect of discrimination 
        in substance against such alien companies.
          10. It is agreed that, on a reciprocity basis, the 
        first sentence of Article VII, paragraph 2, shall not 
        apply to the establishment of, or the acquisition of 
        interests in, or the control, operation and management 
        of, companies of either Party for engaging in the 
        exploration for and exploitation of petroleum and other 
        mineral resources within the territories of that Party, 
        by nationals or companies of the other Party.
          11. The provisions of the first sentence of Article 
        VIII, paragraph 1, shall not be construed to affect the 
        right of the Netherlands to require that aliens may not 
        be employed in the Netherlands unless the appropriate 
        permits have been granted. However, in keeping with the 
        terms of that paragraph, the regulations governing 
        employment shall be applied in a liberal fashion.
          12. Nothing in the present Treaty shall be construed 
        to supersede any provision of the Convention between 
        the Kingdom of the Netherlands and the United States of 
        America with respect to taxes on income and certain 
        other taxes, signed at Washington April 29, 1948.
          13. The treatment provided in Article XII, paragraph 
        1, as clarified by reference to Article XXIII, 
        paragraphs 1 and 2, is designed only to preclude 
        discrimination on the ground of nationality and does 
        not, for instance, preclude different treatment of 
        different currencies or the application of residence 
        requirements.
          14. Either Party may impose restrictions on the 
        introduction of foreign capital as may be necessary to 
        protect its monetary reserves as provided in Article 
        XII, paragraph 2, or to prevent serious monetary 
        disturbances arising from speculative financial 
        operations.
          15. It is understood that for the purposes of Article 
        XVII, paragraph 1, availability of means of payment is 
        considered to be a commercial consideration.
          16. The provisions of Article XVII, paragraph 2 (b) 
        and (c), and of Article XIX, paragraph 3, shall not 
        apply to postal services.
          17. It is understood that the word ``cargoes'' as 
        used in paragraph 2 and the word ``cargo'' as used in 
        paragraph 3, of Article XIX, shall be deemed to 
        comprehend passengers as well as goods.
          18. With reference to Article XXII, paragraph 1 (d), 
        it is understood that it is not the purpose of the 
        security reservation to create a basis for unduly 
        prolonged departures from any provision of the Treaty. 
        On the other hand, each Party determines, according to 
        its own best judgment, the measures deemed necessary to 
        protect its essential security interests.
          19. The provisions of Article XXII, paragraph 2, 
        shall apply in the case of Puerto Rico regardless of 
        any change that may take place in its political status.
          20. Article XXIV does not apply to territories under 
        the authority of either Party solely as a military base 
        or by reason of temporary military occupation.

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

    Done in duplicate, in the English and Netherlands 
languages, both texts being equally authentic, at The Hague, 
this 27th day of March, one thousand nine hundred fifty-six.

    For the United States of America:
                                        H. Freeman Matthews

    For the Kingdom of the Netherlands:
                                    J W Beyen, J M A H Luns
                  10. Bilateral Free Trade Agreements

 a. Countries With Which the United States Has a Bilateral Free Trade 
                               Agreement

------------------------------------------------------------------------
                  Country                        Entered Into Force
------------------------------------------------------------------------
Australia.................................  January 1, 2005
Chile.....................................  January 1, 2004
Israel....................................  August 19, 1985
Jordan....................................  December 17, 2001
Canada, Mexico (NAFTA)....................  January 1, 1994
Singapore.................................  January 1, 2004
------------------------------------------------------------------------

            b. United States-Chile Free Trade Agreement \1\

   Signed at Miami, June 6, 2003; Entered into force January 1, 2004

    The Government of the United States of America and the 
Government of the Republic of Chile, resolved to:
---------------------------------------------------------------------------
    \1\ The full text of the United States-Chile Free Trade Agreement, 
with annexes, is set out in this volume as a model of the other six 
Free Trade Agreements that were in force for the United States as of 
December 31, 2005.

    Strengthen the special bonds of friendship and cooperation 
---------------------------------------------------------------------------
between their nations;

    Contribute to the harmonious development and expansion of 
world trade and provide a catalyst to broader international 
cooperation;

    Create an expanded and secure market for the goods and 
services produced in their territories;

    Avoid distortions in their reciprocal trade;

    Establish clear and mutually advantageous rules governing 
their trade;

    Ensure a predictable commercial framework for business 
planning and investment;

    Build on their respective rights and obligations under the 
Marrakesh Agreement establishing the World Trade Organization 
and other multilateral and bilateral instruments of 
cooperation;

    Enhance the competitiveness of their firms in global 
markets;

    Foster creativity and innovation, and promote trade in 
goods and services that are the subject of intellectual 
property rights;

    Create new employment opportunities and improve working 
conditions and living standards in their respective 
territories;

    Build on their respective international commitments and 
strengthen their cooperation on labor matters;

    Protect, enhance, and enforce basic workers' rights;

    Implement this Agreement in a manner consistent with 
environmental protection and conservation;

    Promote sustainable development;

    Conserve, protect, and improve the environment, including 
through managing natural resources in their respective 
territories and through multilateral environmental agreements 
to which they are both parties;

    Preserve their flexibility to safeguard the public welfare; 
and

    Contribute to hemispheric integration and the fulfillment 
of the objectives of the Free Trade Area of the Americas;

    Have agreed as follows:

                              Chapter One

                           Initial Provisions

            Article 1.1: Establishment of a Free Trade Area

    The Parties to this Agreement, consistent with Article XXIV 
of the General Agreement on Tariffs and Trade 1994 and Article 
V of the General Agreement on Trade in Services, hereby 
establish a free trade area.

                        Article 1.2: Objectives

    1. The objectives of this Agreement, as elaborated more 
specifically through its principles and rules, including 
national treatment, most-favored-nation treatment, and 
transparency, are to:
          (a) encourage expansion and diversification of trade 
        between the Parties;
          (b) eliminate barriers to trade in, and facilitate 
        the cross-border movement of, goods and services 
        between the Parties;
          (c) promote conditions of fair competition in the 
        free trade area;
          (d) substantially increase investment opportunities 
        in the territories of the Parties;
          (e) provide adequate and effective protection and 
        enforcement of intellectual property rights in each 
        Party's territory;
          (f) create effective procedures for the 
        implementation and application of this Agreement, for 
        its joint administration, and for the resolution of 
        disputes; and
          (g) establish a framework for further bilateral, 
        regional, and multilateral cooperation to expand and 
        enhance the benefits of this Agreement.
    2. The Parties shall interpret and apply the provisions of 
this Agreement in the light of its objectives set out in 
paragraph 1 and in accordance with applicable rules of 
international law.

               Article 1.3: Relation to Other Agreements

    The Parties affirm their existing rights and obligations 
with respect to each other under the WTO Agreement and other 
agreements to which both Parties are party.

                   Article 1.4: Extent of Obligations

    The Parties shall ensure that all necessary measures are 
taken in order to give effect to the provisions of this 
Agreement, including their observance, except as otherwise 
provided in this Agreement, by state governments.

                              Chapter Two

                          General Definitions

            Article 2.1: Definitions of General Application

    For purposes of this Agreement, unless otherwise specified:

central level of government means:
          (a) for the United States, the federal level of 
        government; and
          (b) for Chile, the national level of government;

Commission means the Free Trade Commission established under 
Article 21.1 (The Free Trade Commission);

covered investment means, with respect to a Party, an 
investment in its territory of an investor of the other Party 
in existence as of the date of entry into force of this 
Agreement or established, acquired, or expanded thereafter;

customs authority means the competent authority that is 
responsible under the law of a Party for the administration of 
customs laws and regulations;

customs duty includes any customs or import duty and a charge 
of any kind imposed in connection with the importation of a 
good, including any form of surtax or surcharge in connection 
with such importation, but does not include any:
          (a) charge equivalent to an internal tax imposed 
        consistently with Article III:2 of the GATT 1994; in 
        respect of like, directly competitive, or substitutable 
        goods of the Party, or in respect of goods from which 
        the imported good has been manufactured or produced in 
        whole or in part;
          (b) antidumping or countervailing duty; and
          (c) fee or other charge in connection with 
        importation commensurate with the cost of services 
        rendered;

Customs Valuation Agreement means the Agreement on 
Implementation of Article VII of the General Agreement on 
Tariffs and Trade 1994, which is part of the WTO Agreement;

days  means calendar days;

enterprise means any entity constituted or organized under 
applicable law, whether or not for profit, and whether 
privately-owned or governmentally-owned, including any 
corporation, trust, partnership, sole proprietorship, joint 
venture, or other association;

enterprise of a Party means an enterprise constituted or 
organized under the law of a Party;

existing means in effect on the date of entry into force of 
this Agreement;

GATS means the General Agreement on Trade in Services, which is 
part of the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 
1994, which is part of the WTO Agreement;

goods of a Party means domestic products as these are 
understood in the GATT 1994 or such goods as the Parties may 
agree, and includes originating goods of that Party. A good of 
a Party may include materials of other countries;

Harmonized System (HS) means the Harmonized Commodity 
Description and Coding System, including its General Rules of 
Interpretation, Section Notes, and Chapter Notes, as adopted 
and implemented by the Parties in their respective tariff laws;

heading means the first four digits in the tariff 
classification number under the Harmonized System;

measure includes any law, regulation, procedure, requirement, 
or practice;

national means a natural person who has the nationality of a 
Party according to Annex 2.1 or a permanent resident of a 
Party;

originating means qualifying under the rules of origin set out 
in Chapter Four (Rules of Origin and Origin Procedures);

person means a natural person or an enterprise;

person of a Party means a national or an enterprise of a Party;

preferential tariff treatment means the duty rate applicable 
under this Agreement to an originating good;

procurement means the process by which a government obtains the 
use of or acquires goods or services, or any combination 
thereof, for governmental purposes and not with a view to 
commercial sale or resale, or use in the production or supply 
of goods or services for commercial sale or resale;

regional level of government means, for the United States, a 
state of the United States, the District of Columbia, or Puerto 
Rico. For Chile, as a unitary state, ``regional level of 
government'' is not applicable;

Safeguards Agreement means the Agreement on Safeguards, which 
is part of the WTO Agreement;

SPS Agreement means the Agreement on the Application of 
Sanitary and Phytosanitary Measures, which is part of the WTO 
Agreement;

state enterprise means an enterprise that is owned, or 
controlled through ownership interests, by a Party;

subheading means the first six digits in the tariff 
classification number under the Harmonized System;

TBT Agreement means the Agreement on Technical Barriers to 
Trade, which is part of the WTO Agreement;

territory means for a Party the territory of that Party as set 
out in Annex 2.1;

TRIPS Agreement means the Agreement on Trade-Related Aspects of 
Intellectual Property Rights, which is part of the WTO 
Agreement; and

WTO Agreement means the Marrakesh Agreement Establishing the 
World Trade Organization, done on April 15, 1994.

                             Chapter Three

             National Treatment and Market Access for Goods

                    Article 3.1: Scope and Coverage

    Except as otherwise provided, this Chapter applies to trade 
in goods of a Party.

                     Section A--National Treatment

                    Article 3.2: National Treatment

    1. Each Party shall accord national treatment to the goods 
of the other Party in accordance with Article III of GATT 1994, 
including its interpretative notes, and to this end Article III 
of GATT 1994, and its interpretative notes, are incorporated 
into and made part of this Agreement, mutatis mutandis.
    2. The provisions of paragraph 1 regarding national 
treatment shall mean, with respect to a regional level of 
government, treatment no less favorable than the most favorable 
treatment that regional level of government accords to any 
like, directly competitive, or substitutable goods, as the case 
may be, of the Party of which it forms a part.\2\
---------------------------------------------------------------------------
    \2\ For greater certainty, ``goods of the Party'' includes goods 
produced in a state or region of that Party.
---------------------------------------------------------------------------
    3. Paragraphs 1 and 2 shall not apply to the measures set 
out in Annex 3.2.

                     Section B--Tariff Elimination

                    Article 3.3: Tariff Elimination

    1. Except as otherwise provided in this Agreement, neither 
Party may increase any existing customs duty, or adopt any 
customs duty, on an originating good.
    2. Except as otherwise provided in this Agreement, each 
Party shall progressively eliminate its customs duties on 
originating goods in accordance with Annex 3.3.
    3. The United States shall eliminate customs duties on any 
non-agricultural originating goods that, after the date of 
entry into force of this Agreement, are designated as articles 
eligible for duty-free treatment under the U.S. Generalized 
System of Preferences, effective from the date of such 
designation.
    4. On the request of either Party, the Parties shall 
consult to consider accelerating the elimination of customs 
duties set out in their Schedules to Annex 3.3. An agreement 
between the Parties to accelerate the elimination of a customs 
duty on a good shall supercede any duty rate or staging 
category determined pursuant to their Schedules to Annex 3.3 
for such good when approved by each Party in accordance with 
Article 21.1(3)(b) (The Free Trade Commission) and its 
applicable legal procedures.
    5. For greater certainty, a Party may:
          (a) raise a customs duty back to the level 
        established in its Schedule to Annex 3.3 following a 
        unilateral reduction; or
          (b) maintain or increase a customs duty as authorized 
        by the Dispute Settlement Body of the WTO.

                        Article 3.4: Used Goods

    On entry into force of this Agreement, Chile shall cease 
applying the 50 percent surcharge established in the Regla 
General Complementaria No 3 of Arancel Aduanero with 
respect to originating goods of the other Party that benefit 
from preferential tariff treatment.

            Article 3.5: Customs Valuation of Carrier Media

    1. For purposes of determining the customs value of carrier 
media bearing content, each Party shall base its determination 
on the cost or value of the carrier media alone.
    2. For purposes of the effective imposition of any internal 
taxes, direct or indirect, each Party shall determine the tax 
basis according to its domestic law.

                       Section C--Special Regimes

                 Article 3.6: Waiver of Customs Duties

    1. Neither Party may adopt any new waiver of customs 
duties, or expand with respect to existing recipients or extend 
to any new recipient the application of an existing waiver of 
customs duties, where the waiver is conditioned, explicitly or 
implicitly, on the fulfillment of a performance requirement.
    2. Neither Party may, explicitly or implicitly, condition 
on the fulfillment of a performance requirement the 
continuation of any existing waiver of customs duties.
    3. This Article shall not apply to measures subject to 
Article 3.8.

               Article 3.7: Temporary Admission of Goods

    1. Each Party shall grant duty-free temporary admission 
for:
          (a) professional equipment, including equipment for 
        the press or television, software and broadcasting and 
        cinematographic equipment, necessary for carrying out 
        the business activity, trade or profession of a 
        business person who qualifies for temporary entry 
        pursuant to the laws of the importing Party;
          (b) goods intended for display or demonstration;
          (c) commercial samples and advertising films and 
        recordings; and
          (d) goods admitted for sports purposes,
regardless of their origin.
    2. Each Party shall, at the request of the person concerned 
and for reasons deemed valid by its customs authority, extend 
the time limit for temporary admission beyond the period 
initially fixed.
    3. Neither Party may condition the duty-free temporary 
admission of goods referred to in paragraph 1, other than to 
require that such goods:
          (a) be used solely by or under the personal 
        supervision of a national or resident of the other 
        Party in the exercise of the business activity, trade, 
        profession, or sport of that person;
          (b) not be sold or leased while in its territory;
          (c) be accompanied by a security in an amount no 
        greater than the charges that would otherwise be owed 
        on entry or final importation, releasable on 
        exportation of the good;
          (d) be capable of identification when exported;
          (e) be exported on the departure of the person 
        referenced in subparagraph (a), or within such other 
        period, related to the purpose of the temporary 
        admission, as the Party may establish, or within one 
        year, unless extended;
          (f) be admitted in no greater quantity than is 
        reasonable for their intended use; and
          (g) be otherwise admissible into the Party's 
        territory under its laws.
    4. If any condition that a Party imposes under paragraph 3 
has not been fulfilled, the Party may apply the customs duty 
and any other charge that would normally be owed on the good 
plus any other charges or penalities provided for under its 
domestic law.
    5. Each Party, through its customs authority, shall adopt 
procedures providing for the expeditious release of goods 
admitted under this Article. To the extent possible, such 
procedures shall provide that when such a good accompanies a 
national or resident of the other Party who is seeking 
temporary entry, the good shall be released simultaneously with 
the entry of that national or resident.
    6. Each Party shall permit a good temporarily admitted 
under this Article to be exported through a customs port other 
than that through which it was admitted.
    7. Each Party, through its customs authority, consistent 
with domestic law, shall relieve the importer or other person 
responsible for a good admitted under this Article from any 
liability for failure to export the good on presentation of 
satisfactory proof to customs authorities that the good has 
been destroyed within the original period fixed for temporary 
admission or any lawful extension.
    8. Subject to Chapters Ten (Investment) and Eleven (Cross-
Border Trade in Services):
          (a) each Party shall allow a vehicle or container 
        used in international traffic that enters its territory 
        from the territory of the other Party to exit its 
        territory on any route that is reasonably related to 
        the economic and prompt departure of such vehicle or 
        container;
          (b) neither Party may require any bond or impose any 
        penalty or charge solely by reason of any difference 
        between the port of entry and the port of departure of 
        a vehicle or container;
          (c) neither Party may condition the release of any 
        obligation, including any bond, that it imposes in 
        respect of the entry of a vehicle or container into its 
        territory on its exit through any particular port of 
        departure; and
          (d) neither Party may require that the vehicle or 
        carrier bringing a container from the territory of the 
        other Party into its territory be the same vehicle or 
        carrier that takes such container to the territory of 
        the other Party.
    9. For purposes of paragraph 8, vehicle means a truck, a 
truck tractor, tractor, trailer unit or trailer, a locomotive, 
or a railway car or other railroad equipment.

            Article 3.8: Drawback and Duty Deferral Programs

    1. Except as otherwise provided in this Article, neither 
Party may refund the amount of customs duties paid, or waive or 
reduce the amount of customs duties owed, on a good imported 
into its territory, on condition that the good is:
          (a) subsequently exported to the territory of the 
        other Party;
          (b) used as a material in the production of another 
        good that is subsequently exported to the territory of 
        the other Party; or
          (c) substituted by an identical or similar good used 
        as a material in the production of another good that is 
        subsequently exported to the territory of the other 
        Party.
    2. Neither Party may, on condition of export, refund, 
waive, or reduce:
          (a) an antidumping or countervailing duty;
          (b) a premium offered or collected on an imported 
        good arising out of any tendering system in respect of 
        the administration of quantitative import restrictions, 
        tariff rate quotas, or tariff preference levels; or
          (c) customs duties paid or owed on a good imported 
        into its territory and substituted by an identical or 
        similar good that is subsequently exported to the 
        territory of the other Party.
    3. Where a good is imported into the territory of a Party 
pursuant to a duty deferral program and is subsequently 
exported to the territory of the other Party, or is used as a 
material in the production of another good that is subsequently 
exported to the territory of the other Party, or is substituted 
by an identical or similar good used as a material in the 
production of another good that is subsequently exported to the 
territory of the other Party, the Party from whose territory 
the good is exported shall assess the customs duties as if the 
exported good had been withdrawn for domestic consumption.
    4. This Article does not apply to:
          (a) a good entered under bond for transportation and 
        exportation to the territory of the other Party;
          (b) a good exported to the territory of the other 
        Party in the same condition as when imported into the 
        territory of the Party from which the good was exported 
        (testing, cleaning, repacking, inspecting, sorting, 
        marking, or preserving a good shall not be considered 
        to change the good's condition). Where such a good has 
        been commingled with fungible goods and exported in the 
        same condition, its origin for purposes of this 
        subparagraph may be determined on the basis of such 
        inventory management methods as first-in, first-out or 
        last-in, first-out. Nothing in this subparagraph shall 
        be construed to permit a Party to waive, refund, or 
        reduce a customs duty contrary to paragraph 2(c);
          (c) a good imported into the territory of a Party 
        that is deemed to be exported from its territory, or 
        used as a material in the production of another good 
        that is deemed to be exported to the territory of the 
        other Party, or is substituted by an identical or 
        similar good used as a material in the production of 
        another good that is deemed to be exported to the 
        territory of the other Party, by reason of
                  (i) delivery to a duty-free shop,
                  (ii) delivery for ship's stores or supplies 
                for ships or aircraft, or
                  (iii) delivery for use in joint undertakings 
                of the Parties and that will subsequently 
                become the property of the Party into whose 
                territory the good was deemed to be exported;
          (d) a refund of customs duties by a Party on a 
        particular good imported into its territory and 
        subsequently exported to the territory of the other 
        Party, where that refund is granted by reason of the 
        failure of such good to conform to sample or 
        specification, or by reason of the shipment of such 
        good without the consent of the consignee; or
          (e) an originating good that is imported into the 
        territory of a Party and is subsequently exported to 
        the territory of the other Party, or used as a material 
        in the production of another good that is subsequently 
        exported to the territory of the other Party, or is 
        substituted by an identical or similar good used as a 
        material in the production of another good that is 
        subsequently exported to the territory of the other 
        Party.
    5. This Article shall take effect beginning eight years 
after the date of entry into force of this Agreement, and 
thereafter a Party may refund, waive, or reduce duties paid or 
owed under the Party's duty drawback or deferral programs 
according to the following schedule:
          (a) no more than 75 percent in year nine;
          (b) no more than 50 percent in year 10;
          (c) no more than 25 percent in year 11; and
          (d) zero in year 12 and thereafter.
    6. For purposes of this Article:

good means ``good'' as defined in Article 4.18 (Definitions);

identical or similar goods means ``identical goods'' and 
``similar goods'', respectively, as defined in the Customs 
Valuation Agreement;

material means ``material'' as defined in Article 4.18 
(Definitions); and

used means used or consumed in the production of goods.

        Article 3.9: Goods Re-entered after Repair or Alteration

    1. Neither Party may apply a customs duty to a good, 
regardless of its origin, that reenters its territory after 
that good has been temporarily exported from its territory to 
the territory of the other Party for repair or alteration, 
regardless of whether such repair or alteration could be 
performed in its territory.
    2. Neither Party may apply a customs duty to a good, 
regardless of its origin, admitted temporarily from the 
territory of the other Party for repair or alteration.
    3. For purposes of this Article, repair or alteration does 
not include an operation or process that:
          (a) destroys a good's essential characteristics or 
        creates a new or commercially different good; or
          (b) transforms an unfinished good into a finished 
        good.

Article 3.10: Duty-Free Entry of Commercial Samples of Negligible Value 
                   and Printed Advertising Materials

    Each Party shall grant duty-free entry to commercial 
samples of negligible value, and to printed advertising 
materials, imported from the territory of the other Party, 
regardless of their origin, but may require that:
          (a) such samples be imported solely for the 
        solicitation of orders for goods, or services provided 
        from the territory, of the other Party or a non-Party; 
        or
          (b) such advertising materials be imported in packets 
        that each contain no more than one copy of each such 
        material and that neither such materials nor packets 
        form part of a larger consignment.

                     Section D--Non-Tariff Measures

              Article 3.11: Import and Export Restrictions

    1. Except as otherwise provided in this Agreement, neither 
Party may adopt or maintain any prohibition or restriction on 
the importation of any good of the other Party or on the 
exportation or sale for export of any good destined for the 
territory of the other Party, except in accordance with Article 
XI of GATT 1994 and its interpretative notes and to this end 
Article XI of GATT 1994 and its interpretative notes are 
incorporated into and made a part of this Agreement, mutatis 
mutandis.
    2. The Parties understand that the GATT rights and 
obligations incorporated by paragraph 1 prohibit, in any 
circumstances in which any other form of restriction is 
prohibited, a Party from adopting or maintaining:
          (a) export and import price requirements, except as 
        permitted in enforcement of countervailing and 
        antidumping orders and undertakings;
          (b) import licensing conditioned on the fulfilment of 
        a performance requirement; or
          (c) voluntary export restraints not consistent with 
        Article VI of GATT 1994, as implemented under Article 
        18 of the SCM Agreement and Article 8.1 of the AD 
        Agreement.
    3. In the event that a Party adopts or maintains a 
prohibition or restriction on the importation from or 
exportation to a non-Party of a good, nothing in this Agreement 
shall be construed to prevent the Party from:
          (a) limiting or prohibiting the importation from the 
        territory of the other Party of such good of that non-
        Party; or
          (b) requiring as a condition of export of such good 
        of the Party to the territory of the other Party, that 
        the good not be re-exported to the non-Party, directly 
        or indirectly, without being consumed in the territory 
        of the other Party.
    4. In the event that a Party adopts or maintains a 
prohibition or restriction on the importation of a good from a 
non-Party, the Parties, on the request of either Party, shall 
consult with a view to avoiding undue interference with or 
distortion of pricing, marketing, and distribution arrangements 
in the other Party.
    5. Paragraphs 1 through 4 shall not apply to the measures 
set out in Annex 3.2.

           Article 3.12: Administrative Fees and Formalities

    1. Each Party shall ensure, in accordance with Article 
VIII:1 of GATT 1994 and its interpretive notes, that all fees 
and charges of whatever character (other than customs duties, 
charges equivalent to an internal tax or other internal charge 
applied consistently with Article III:2 of GATT 1994, and 
antidumping and countervailing duties) imposed on or in 
connection with importation or exportation are limited in 
amount to the approximate cost of services rendered and do not 
represent an indirect protection to domestic goods or a 
taxation of imports or exports for fiscal purposes.
    2. Neither Party may require consular transactions, 
including related fees and charges, in connection with the 
importation of any good of the other Party.
    3. Each Party shall make available through the Internet or 
a comparable computerbased telecommunications network a current 
list of the fees and charges it imposes in connection with 
importation or exportation.
    4. The United States shall eliminate its merchandise 
processing fee on originating goods of Chile.

                       Article 3.13: Export Taxes

    Neither Party may adopt or maintain any duty, tax, or other 
charge on the export of any good to the territory of the other 
Party, unless such duty, tax, or charge is adopted or 
maintained on any such good when destined for domestic 
consumption.

                        Article 3.14: Luxury Tax

    Chile shall eliminate the Luxury Tax established in Article 
46 of Decreto Ley 825 of 1974, according to the schedule set 
out in Annex 3.14.

                       Section E--Other Measures

                   Article 3.15: Distinctive Products

    1. Chile shall recognize Bourbon Whiskey and Tennessee 
Whiskey, which is a straight Bourbon Whisky authorized to be 
produced only in the State of Tennessee, as distinctive 
products of the United States. Accordingly, Chile shall not 
permit the sale of any product as Bourbon Whiskey or Tennessee 
Whiskey, unless it has been manufactured in the United States 
in accordance with the laws and regulations of the United 
States governing the manufacture of Bourbon Whiskey and 
Tennessee Whiskey.
    2. The United States shall recognize Pisco Chileno (Chilean 
Pisco), Pajarete, and Vino Asoleado, which is authorized in 
Chile to be produced only in Chile, as distinctive products of 
Chile. Accordingly, the United States shall not permit the sale 
of any product as Pisco Chileno (Chilean Pisco), Pajarete, or 
Vino Asoleado, unless it has been manufactured in Chile in 
accordance with the laws and regulations of Chile governing the 
manufacture of Pisco, Pajarete, and Vino Asoleado.

                         Section F--Agriculture

              Article 3.16: Agricultural Export Subsidies

    1. The Parties share the objective of the multilateral 
elimination of export subsidies for agricultural goods and 
shall work together toward an agreement in the World Trade 
Organization to eliminate those subsidies and prevent their 
reintroduction in any form.
    2. Except as provided in paragraph 3, neither Party shall 
introduce or maintain any export subsidy on any agricultural 
good destined for the territory of the other Party.
    3. Where an exporting Party considers that a non-Party is 
exporting an agricultural good to the territory of the other 
Party with the benefit of export subsidies, the importing Party 
shall, on written request of the exporting Party, consult with 
the exporting Party with a view to agreeing on specific 
measures that the importing Party may adopt to counter the 
effect of such subsidized imports. If the importing Party 
adopts the agreed-upon measures, the exporting Party shall 
refrain from applying any export subsidy to exports of such 
good to the territory of the importing Party.

       Article 3.17: Agricultural Marketing and Grading Standards

    1. Where a Party adopts or maintains a measure respecting 
the classification, grading, or marketing of a domestic 
agricultural good, or a measure to expand, maintain, or develop 
its domestic market for an agricultural good, it shall accord 
treatment to a like good of the other Party that is no less 
favorable than it accords under the measure to the domestic 
agricultural good, regardless of whether the good is intended 
for direct consumption or for processing.
    2. Paragraph 1 shall be without prejudice to the rights of 
either Party under the WTO Agreement or under this Agreement 
regarding measures respecting the classification, grading, or 
marketing of an agricultural good.
    3. The Parties hereby establish a Working Group on 
Agricultural Trade, comprising representatives of the Parties, 
which shall meet annually or as otherwise agreed. The Working 
Group shall review, in coordination with the Committee on 
Technical Barriers to Trade established in Article 7.8 
(Committee on Technical Barriers to Trade), the operation of 
agricultural grade and quality standards and programs of 
expansion and development that affect trade between the 
Parties, and shall resolve any issues that may arise regarding 
the operation of those standards and programs. The Group shall 
report to the Committee on Trade in Goods established in 
Article 3.23.
    4. Each Party shall recognize the other Party's grading 
programs for beef, as set out in Annex 3.17.

             Article 3.18: Agricultural Safeguard Measures

    1. Notwithstanding Article 3.3(2), each Party may impose a 
safeguard measure in the form of additional import duties, 
consistent with paragraphs 2 through 7, on an originating 
agricultural good listed in its section of Annex 3.18. The sum 
of any such additional duty and any import duties or other 
charges applied pursuant to Article 3.3(2) shall not exceed the 
lesser of:
          (a) the prevailing most-favored-nation (MFN) applied 
        rate; or
          (b) the MFN applied rate of duty in effect on the day 
        immediately preceding the date of entry into force of 
        this Agreement.
    2. A Party may impose a safeguard measure only if the unit 
import price of the good enters the Party's customs territory 
at a level below a trigger price for that good as set out in 
that Party's section of Annex 3.18.
          (a) The unit import price shall be determined on the 
        basis of the C.I.F. import price of the good in U.S. 
        dollars for goods entering Chile, and on the basis of 
        the F.O.B. import price of the good in U.S. dollars for 
        goods entering the United States.
          (b) The trigger prices for the goods eligible for a 
        safeguard measure, which reflect historic unit import 
        values for the products concerned, are listed in Annex 
        3.18. The Parties may mutually agree to periodically 
        evaluate and update the trigger prices.
    3. The additional duties under paragraph 2 shall be set in 
accordance with the following schedule:
          (a) if the difference between the unit import price 
        of the item expressed in terms of domestic currency 
        (the ``import price'') and the trigger price as defined 
        under paragraph 2(b) is less than or equal to 10 
        percent of the trigger price, no additional duty shall 
        be imposed;
          (b) if the difference between the import price and 
        the trigger price is greater than 10 percent but less 
        than or equal to 40 percent of the trigger price, the 
        additional duty shall equal 30 percent of the 
        difference between the MFN rate applicable under 
        paragraph 1 and the preferential tariff rate;
          (c) if the difference between the import price and 
        the trigger price is greater than 40 percent but less 
        than or equal to 60 percent of the trigger price, the 
        additional duty shall equal 50 percent of the 
        difference between the MFN rate applicable under 
        paragraph 1 and the preferential tariff rate;
          (d) if the difference between the import price and 
        the trigger price is greater than 60 percent but less 
        than or equal to 75 percent, the additional duty shall 
        equal 70 percent of the difference between the MFN rate 
        applicable under paragraph 1 and the preferential 
        tariff rate; and
          (e) if the difference between the import price and 
        the trigger price is greater than 75 percent of the 
        trigger price, the additional duty shall equal 100 
        percent of the difference between the MFN rate 
        applicable under paragraph 1 and the preferential 
        tariff rate.
    4. Neither Party may, with respect to the same good, at the 
same time:
          (a) impose a safeguard measure under this Article; 
        and
          (b) take a safeguard action under Section A of 
        Chapter Eight (Trade Remedies).
    5. Neither Party may impose a safeguard measure on a good 
that is subject to a measure that the Party has imposed 
pursuant to Article XIX of GATT 1994 and the Safeguards 
Agreement, and neither Party may continue maintaining a 
safeguard measure on a good that becomes subject to a measure 
that the Party imposes pursuant to Article XIX of GATT 1994 and 
the Safeguards Agreement.
    6. A Party may impose a safeguard measure only during the 
12-year period beginning on the date of entry into force of 
this Agreement. Neither Party may impose a safeguard measure on 
a good once the good achieves duty-free status under this 
Agreement. Neither Party may impose a safeguard measure that 
increases a zero in-quota duty on a good subject to a tariff-
rate quota.
    7. Each Party shall implement any safeguard measure in a 
transparent manner. Within 60 days after imposing a measure, a 
Party shall notify the other Party, in writing, and shall 
provide it relevant data concerning the measure. On request, 
the Party imposing the measure shall consult with the other 
Party with respect to the conditions of application of the 
measure.
    8. The general operation of the agricultural safeguard 
provisions and the trigger prices for their implementation may 
be the subject of discussion and review in the Committee on 
Trade in Goods.
    9. For purposes of this Article, safeguard measure means an 
agricultural safeguard measure described in paragraph 1.

                    Section G--Textiles and Apparel

               Article 3.19: Bilateral Emergency Actions

    1. If, as a result of the elimination of a duty provided 
for in this Agreement, a textile or apparel good benefiting 
from preferential tariff treatment under this Agreement is 
being imported into the territory of a Party in such increased 
quantities, in absolute terms or relative to the domestic 
market for that good, and under such conditions as to cause 
serious damage, or actual threat thereof, to a domestic 
industry producing a like or directly competitive good, the 
importing Party may, to the extent and for such time as may be 
necessary to prevent or remedy such damage and to facilitate 
adjustment, take emergency action, consisting of an increase in 
the rate of duty on the good to a level not to exceed the 
lesser of:
          (a) the most-favored-nation (MFN) applied rate of 
        duty in effect at the time the action is taken; and
          (b) the MFN applied rate of duty in effect on the 
        date of entry into force of this Agreement.
    2. In determining serious damage, or actual threat thereof, 
the importing Party:
          (a) shall examine the effect of increased imports 
        from the other Party on the particular industry, as 
        reflected in changes in such relevant economic 
        variables as output, productivity, utilization of 
        capacity, inventories, market share, exports, wages, 
        employment, domestic prices, profits and investment, 
        none of which is necessarily decisive; and
          (b) shall not consider changes in technology or 
        consumer preference as factors supporting a 
        determination of serious damage or actual threat 
        thereof.
    3. The importing Party may take an emergency action under 
this Article only following an investigation by its competent 
authorities.
    4. The importing Party shall deliver to the other Party, 
without delay, written notice of its intent to take emergency 
action, and, on request of the other Party, shall enter into 
consultations with that Party.
    5. The following conditions and limitations shall apply to 
any emergency action taken under this Article:
          (a) no emergency action may be maintained for a 
        period exceeding three years;
          (b) no emergency action may be taken or maintained 
        beyond the period ending eight years after duties on a 
        good have been eliminated pursuant to this Agreement;
          (c) no emergency action may be taken by an importing 
        Party against any particular good of the other Party 
        more than once; and
          (d) on termination of the action, the good will 
        return to duty-free status.
    6. The Party taking an emergency action under this Article 
shall provide to the Party against whose good the action is 
taken mutually agreed trade liberalizing compensation in the 
form of concessions having substantially equivalent trade 
effects or equivalent to the value of the additional duties 
expected to result from the emergency action. Such concessions 
shall be limited to textile and apparel goods, unless the 
Parties otherwise agree. If the Parties are unable to agree on 
compensation, the Party against whose good the emergency action 
is taken may take tariff action having trade effects 
substantially equivalent to the trade effects of the emergency 
action taken under this Article. Such tariff action may be 
taken against any goods of the Party taking the emergency 
action. The Party taking the tariff action shall apply such 
action only for the minimum period necessary to achieve the 
substantially equivalent trade effects. The importing Party's 
obligation to provide trade compensation and the exporting 
Party's right to take tariff action shall terminate when the 
emergency action terminates.
    7. Nothing in this Agreement shall be construed to limit a 
Party's right to restrain imports of textile and apparel goods 
in a manner consistent with the Agreement on Textiles and 
Clothing or the Safeguards Agreement. However, a Party may not 
take or maintain an emergency action under this Article against 
a textile or apparel good that is subject, or becomes subject, 
to a safeguard measure that a Party takes pursuant to either 
such WTO agreement.

           Article 3.20: Rules of Origin and Related Matters

Application of Chapter Four

    1. Except as provided in this Section, Chapter Four (Rules 
of Origin and Origin Procedures) applies to textile and apparel 
goods.
    2. The rules of origin set forth in this Agreement shall 
not apply in determining the country of origin of a textile or 
apparel good for non-preferential purposes.

Consultations

    3. On the request of either Party, the Parties shall 
consult to consider whether the rules of origin applicable to 
particular textile and apparel goods should be revised to 
address issues of availability of supply of fibers, yarns or 
fabrics in the territories of the Parties.
    4. In the consultations referred to in paragraph 3, each 
Party shall consider all data presented by the other Party 
showing substantial production in its territory of the 
particular good. The Parties shall consider that substantial 
production has been shown if a Party demonstrates that its 
domestic producers are capable of supplying commercial 
quantities of the good in a timely manner.
    5. The Parties shall endeavor to conclude consultations 
within 60 days of a request. An agreement between the Parties 
resulting from the consultations shall supersede any prior rule 
of origin for such good when approved by the Parties in 
accordance with Article 24.2 (Amendments).

De Minimis

    6. A textile or apparel good provided for in Chapters 50 
through 63 of the Harmonized System that is not an originating 
good, because certain fibers or yarns used in the production of 
the component of the good that determines the tariff 
classification of the good do not undergo an applicable change 
in tariff classification set out in Annex 4.1 (Specific Rules 
of Origin), shall nonetheless be considered to be an 
originating good if the total weight of all such fibers or 
yarns in that component is not more than seven percent of the 
total weight of that component. Notwithstanding the preceding 
sentence, a good containing elastomeric yarns in the component 
of the good that determines the tariff classification of the 
good shall be considered to be an originating good only if such 
yarns are wholly formed in the territory of a Party.

Treatment of Sets

    7. Notwithstanding the good specific rules in Annex 4.1 
(Specific Rules of Origin), textile and apparel goods 
classifiable as goods put up in sets for retail sale as 
provided for in General Rule of Interpretation 3 of the 
Harmonized System shall not be regarded as originating goods 
unless each of the goods in the set is an originating good or 
the total value of the non-originating goods in the set does 
not exceed 10 percent of the customs value of the set.

Preferential Tariff Treatment for Non-Originating Cotton and Man-made 
        Fiber Fabric Goods (Tariff Preference Levels)

    8. Subject to paragraph 9, the following goods, if they 
meet the applicable conditions for preferential tariff 
treatment under this Agreement other than the condition that 
they be originating goods, shall be accorded preferential 
tariff treatment as if they were originating goods:
          (a) cotton or man-made fiber fabric goods provided 
        for in Chapters 52, 54, 55, 58, and 60 of the 
        Harmonized System that are wholly formed in the 
        territory of a Party from yarn produced or obtained 
        outside the territory of a Party; and
          (b) cotton or man-made fiber fabric goods provided 
        for in Annex 4.1 (Specific Rules of Origin) that are 
        wholly formed in the territory of a Party from yarn 
        spun in the territory of a Party from fiber produced or 
        obtained outside the territory of a Party.
    9. The treatment described in paragraph 8 shall be limited 
to goods imported into the territory of a Party up to an annual 
total quantity of 1,000,000 SME.

Preferential Tariff Treatment for Non-Originating Cotton and Man-made 
        Fiber Apparel Goods (Tariff Preference Levels)

    10. Subject to paragraph 11, cotton or man-made fiber 
apparel goods provided for in Chapters 61 and 62 of the 
Harmonized System that are both cut (or knit to shape) and sewn 
or otherwise assembled in the territory of a Party from fabric 
or yarn produced or obtained outside the territory of a Party, 
and that meet the applicable conditions for preferential tariff 
treatment under this Agreement other than the condition that 
they be originating goods, shall be accorded preferential 
tariff treatment as if they were originating goods.
    11. The treatment described in paragraph 10 shall be 
limited as follows:
          (a) in each of the first 10 years after the date of 
        entry into force of this Agreement, the treatment shall 
        apply to goods described in that paragraph imported 
        into the territory of a Party up to a quantity of 
        2,000,000 SME; and
          (b) in the eleventh year, and for each year 
        thereafter, the treatment shall apply to goods 
        described in that paragraph imported into the territory 
        of a Party up to a quantity of 1,000,000 SME.

Certification for Tariff Preference Level

    12. A Party, through its competent authorities, may require 
that an importer claiming preferential tariff treatment for a 
textile or apparel good under paragraph 8 or 10 present to such 
competent authorities at the time of importation a 
certification of eligibility for preferential tariff treatment 
under such paragraph. A certification of eligibility shall be 
prepared by the importer and shall consist of information 
demonstrating that the good satisfies the requirements for 
preferential tariff treatment under paragraph 8 or 10.

                   Article 3.21: Customs Cooperation

    1. The Parties shall cooperate for purposes of:
          (a) enforcing or assisting in the enforcement of 
        their laws, regulations, and procedures implementing 
        this Agreement affecting trade in textile and apparel 
        goods;
          (b) ensuring the accuracy of claims of origin; and
          (c) preventing circumvention of laws, regulations, 
        and procedures of either Party or international 
        agreements affecting trade in textile and apparel 
        goods.
    2. On the request of the importing Party, the exporting 
Party shall conduct a verification for purposes of enabling the 
importing Party to determine that a claim of origin for a 
textile or apparel good is accurate. The exporting Party shall 
conduct such a verification, regardless of whether an importer 
claims preferential tariff treatment for the good. The 
exporting Party also may conduct such a verification on its own 
initiative.
    3. Where the importing Party has a reasonable suspicion 
that an exporter or producer of the exporting Party is engaging 
in unlawful activity relating to trade in textile and apparel 
goods, the importing Party may request the exporting Party to 
conduct a verification for purposes of enabling the importing 
Party to determine that the exporter or producer is complying 
with applicable customs laws, regulations, and procedures 
regarding trade in textile and apparel goods, including laws, 
regulations, and procedures that the exporting Party adopts and 
maintains pursuant to this Agreement and laws, regulations, and 
procedures of either Party implementing other international 
agreements regarding trade in textile and apparel goods, and to 
determine that claims of origin regarding textile or apparel 
goods exported or produced by that person are accurate. For 
purposes of this paragraph, a reasonable suspicion of unlawful 
activity shall be based on factors including relevant factual 
information of the type set forth in Article 5.5 (Cooperation) 
or that, with respect to a particular shipment, indicates 
circumvention by the exporter or producer of applicable customs 
laws, regulations, or procedures regarding trade in textile and 
apparel goods, including laws, regulations, or procedures 
adopted to implement this Agreement, or international 
agreements affecting trade in textile and apparel goods.
    4. The importing Party, through its competent authorities, 
may undertake or assist in a verification conducted pursuant to 
paragraph 2 or 3, including by conducting, along with the 
competent authorities of the exporting Party, visits in the 
territory of the exporting Party to the premises of an 
exporter, producer, or any other enterprise involved in the 
movement of textile or apparel goods from the territory of the 
exporting Party to the territory of the importing Party.
    5. Each Party shall provide to the other Party, consistent 
with its laws, regulations, and procedures, production, trade, 
and transit documents and other information necessary to 
conduct verifications under paragraphs 2 and 3. Any documents 
or information exchanged between the Parties in the course of 
such a verification shall be considered confidential, as 
provided for in Article 5.6 (Confidentiality).
    6. While a verification is being conducted, the importing 
Party may take appropriate action, which may include suspending 
the application of preferential tariff treatment to:
          (a) the textile or apparel good for which a claim of 
        origin has been made, in the case of a verification 
        under paragraph 2; or
          (b) the textile and apparel goods exported or 
        produced by the person subject to a verification under 
        paragraph 3, where the reasonable suspicion of unlawful 
        activity relates to those goods.
    7. The Party conducting a verification under paragraph 2 or 
3 shall provide the other Party with a written report on the 
results of the verification, which shall include all documents 
and facts supporting any conclusion that the Party reaches.
    8. (a) If the importing Party is unable to make the 
determination described in paragraph 2 within 12 months after 
its request for a verification, it may take action as permitted 
under its law with respect to the textile and apparel good 
subject to the verification, and with respect to similar goods 
exported or produced by the person that exported or produced 
the good.
    (b) If the importing Party is unable to make the 
determinations described in paragraph 3 within 12 months after 
its request for a verification, it may take action as permitted 
under its law with respect to any textile or apparel goods 
exported or produced by the person subject to the verification.
    9. Prior to commencing appropriate action under paragraph 
8, the importing Party shall notify the other Party. The 
importing Party may continue to take appropriate action under 
paragraph 8 until it receives information sufficient to enable 
it to make the determination described in paragraph 2 or 3, as 
the case may be.
    10. Chile shall implement its obligations under paragraphs 
2, 3, 6, 7, 8, and 9 no later than two years after the date of 
entry into force of this Agreement. Before Chile fully 
implements those provisions, if the importing Party requests a 
verification, the verification shall be conducted principally 
by that Party, including through means described in paragraph 
4. Nothing in this paragraph shall be construed to waive or 
limit the importing Party's rights under paragraphs 6 and 8.
    11. On the request of either Party, the Parties shall enter 
into consultations to resolve any technical or interpretive 
difficulties that may arise under this Article or to discuss 
ways to improve the effectiveness of their cooperative efforts. 
In addition, either Party may request technical or other 
assistance from the other Party in implementing this Article. 
The Party receiving such a request shall make every effort to 
respond favorably and promptly to it.

                       Article 3.22: Definitions

    For purposes of this Section:

claim of origin means a claim that a textile or apparel good is 
an originating good or a good of a Party;

exporting Party means the Party from whose territory a textile 
or apparel good is exported;

importing Party means the Party into whose territory a textile 
or apparel good is imported;

SME means square meter equivalents, as calculated in accordance 
with the conversion factors set out in the Correlation: Textile 
and Apparel Categories with the Harmonized Tariff Schedule of 
the United States, 2002 (or successor publication), published 
by the United States Department of Commerce, International 
Trade Administration, Office of Textiles and Apparel, Trade and 
Data Division, Washington, D.C.; and

textile or apparel good means a good listed in the Annex to the 
Agreement on Textiles and Clothing.

                  Section H--Institutional Provisions

               Article 3.23: Committee on Trade in Goods

    1. The Parties hereby establish a Committee on Trade in 
Goods, comprising representatives of each Party.
    2. The Committee shall meet on the request of either Party 
or the Commission to consider any matter arising under this 
Chapter, Chapter Four (Rules of Origin and Origin Procedures), 
or Chapter Five (Customs Administration).
    3. The Committee's functions shall include:
          (a) promoting trade in goods between the Parties, 
        including through consultations on accelerating tariff 
        elimination under this Agreement and other issues as 
        appropriate; and
          (b) addressing barriers to trade in goods between the 
        Parties, especially those related to the application of 
        non-tariff measures, and, if appropriate, referring 
        such matters to the Commission for its consideration.

                         Section I--Definitions

                       Article 3.24: Definitions

    For purposes of this Chapter:

AD Agreement means the Agreement on Implementation of Article 
VI of the General Agreement on Tariffs and Trade 1994, which is 
part of the WTO Agreement;

advertising films and recordings means recorded visual media or 
audio materials, consisting essentially of images and/or sound, 
showing the nature or operation of goods or services offered 
for sale or lease by a person established or resident in the 
territory of a Party, provided that such materials are of a 
kind suitable for exhibition to prospective customers but not 
for broadcast to the general public, and provided that they are 
imported in packets that each contain no more than one copy of 
each film or recording and that do not form part of a larger 
consignment;

Agreement on Textiles and Clothing means the Agreement on 
Textiles and Clothing, which is part of the WTO Agreement;

agricultural goods means those goods referred to in Article 2 
of the Agreement on Agriculture, which is part of the WTO 
Agreement;

articles eligible for duty-free treatment under the U.S. 
Generalized System of Preferences does not include articles 
eligible only when imported from least-developed beneficiary 
developing countries or from beneficiary sub-Saharan African 
countries under the African Growth and Opportunity Act;

carrier media means any good of heading 8523 or 8524;

commercial samples of negligible value means commercial samples 
having a value, individually or in the aggregate as shipped, of 
not more than one U.S. dollar, or the equivalent amount in 
Chilean currency, or so marked, torn, perforated, or otherwise 
treated that they are unsuitable for sale or for use except as 
commercial samples;

consular transactions means requirements that goods of a Party 
intended for export to the territory of the other Party must 
first be submitted to the supervision of the consul of the 
importing Party in the territory of the exporting Party for the 
purpose of obtaining consular invoices or consular visas for 
commercial invoices, certificates of origin, manifests, 
shippers' export declarations, or any other customs 
documentation required on or in connection with importation;

consumed means:
    (a) actually consumed; or
    (b) further processed or manufactured so as to result in a 
substantial change in value, form, or use of the good or in the 
production of another good;

duty-free means free of customs duty;

duty deferral program includes measures such as those governing 
foreign-trade zones, regimenes de zonas francas y regimenes 
aduaneros especiales, temporary importations under bond, bonded 
warehouses, and inward processing programs;

export subsidies shall have the meaning assigned to that term 
in Article 1(e) of the WTO Agreement on Agriculture, including 
any amendment of that article;

goods intended for display or demonstration includes their 
component parts, ancillary apparatus, and accessories;

goods temporarily admitted for sports purposes means sports 
requisites for use in sports contests, demonstrations, or 
training in the territory of the Party into whose territory 
such goods are admitted;

import licensing means an administrative procedure requiring 
the submission of an application or other documentation (other 
than that generally required for customs clearance purposes) to 
the relevant administrative body as a prior condition for 
importation into the territory of the importing Party;

performance requirement means a requirement that:
    (a) a given level or percentage of goods or services be 
exported;
    (b) domestic goods or services of the Party granting a 
waiver of customs duties or an import license be substituted 
for imported goods or services;
    (c) a person benefitting from a waiver of customs duties or 
an import license purchase other goods or services in the 
territory of the Party granting the waiver of customs duties or 
the import license, or accord a preference to domestically 
produced goods or services;
    (d) a person benefitting from a waiver of customs duties or 
an import license produce goods or supply services, in the 
territory of the Party granting the waiver of customs duties or 
the import license, with a given level or percentage of 
domestic content; or
    (e) relates in any way the volume or value of imports to 
the volume or value of exports or to the amount of foreign 
exchange inflows.

printed advertising materials means those goods classified in 
Chapter 49 of the Harmonized System, including brochures, 
pamphlets, leaflets, trade catalogues, yearbooks published by 
trade associations, tourist promotional materials, and posters, 
that are used to promote, publicize, or advertise a good or 
service, are essentially intended to advertise a good or 
service, and are supplied free of charge; and

SCM Agreement means the Agreement on Subsidies and 
Countervailing Measures, which is part of the WTO Agreement.

                              Chapter Four

                 Rules of Origin and Origin Procedures

                       Section A--Rules of Origin

                     Article 4.1: Originating Goods

    1. Except as otherwise provided in this Chapter, a good is 
originating where:
          (a) the good is wholly obtained or produced entirely 
        in the territory of one or both of the Parties;
          (b) the good is produced entirely in the territory of 
        one or both of the Parties and
                  (i) each of the non-originating materials 
                used in the production of the good undergoes an 
                applicable change in tariff classification 
                specified in Annex 4.1, or
                  (ii) the good otherwise satisfies any 
                applicable regional value content or other 
                requirements specified in Annex 4.1, and the 
                good satisfies all other applicable 
                requirements of this Chapter; or
          (c) the good is produced entirely in the territory of 
        one or both of the Parties exclusively from originating 
        materials.
    2. A good shall not be considered to be an originating good 
and a material shall not be considered to be an originating 
material by virtue of having undergone:
          (a) simple combining or packaging operations; or
          (b) mere dilution with water or with another 
        substance that does not materially alter the 
        characteristics of the good or material.

                  Article 4.2: Regional Value Content

    1. Where Annex 4.1 specifies a regional value content test 
to determine whether a good is originating, each Party shall 
provide that the person claiming preferential tariff treatment 
for the good may calculate regional value content on the basis 
of one or the other of the following methods:
          (a) Builddown method    RVC = (AV ^ VNM)/AV  100
          (b) Buildup method    RVC = VOM/AV  100
where RVC is the regional value content, expressed as a 
percentage;
    AV is the adjusted value;
    VNM is the value of non-originating materials used by the 
producer in the production of the good; and
    VOM is the value of originating materials used by the 
producer in the production of the good.

                    Article 4.3: Value of Materials

    1. Each Party shall provide that for purposes of 
calculating the regional value content of a good, and for 
purposes of applying the de minimis rule, the value of a 
material:
          (a) for a material that is imported by the producer 
        of the good, is the adjusted value of the material with 
        respect to that importation;
          (b) for a material acquired in the territory where 
        the good is produced, is the producer's price actually 
        paid or payable for the material, except for materials 
        within the meaning of subparagraph (c);
          (c) for a material provided to the producer without 
        charge, or at a price reflecting a discount or similar 
        reduction, is determined by computing the sum of:
                  (i) all expenses incurred in the growth, 
                production, or manufacture of the material, 
                including general expenses; and
                  (ii) an amount for profit; and
          (d) for a material that is self-produced, is 
        determined by computing the sum of:
                  (i) all expenses incurred in the production 
                of the material, including general expenses; 
                and
                  (ii) an amount for profit.
    2. Each Party shall provide that the person claiming 
preferential tariff treatment for a good may adjust the value 
of materials as follows:
          (a) for originating materials, the following expenses 
        may be added to the value of the material where not 
        included under paragraph 1:
                  (i) the costs of freight, insurance, packing, 
                and all other costs incurred in transporting 
                the material to the location of the producer;
                  (ii) duties, taxes, and customs brokerage 
                fees on the material paid in the territory of 
                one or both of the Parties, other than duties 
                and taxes that are waived, refunded, 
                refundable, or otherwise recoverable, including 
                credit against duty or tax paid or payable; and
                  (iii) the cost of waste and spoilage 
                resulting from the use of the material in the 
                production of the good, less the value of 
                renewable scrap or byproduct.
          (b) for non-originating materials, the following 
        expenses may be deducted from the value of the material 
        where included under paragraph 1:
                  (i) the costs of freight, insurance, packing, 
                and all other costs incurred in transporting 
                the material to the location of the producer;
                  (ii) duties, taxes, and customs brokerage 
                fees on the material paid in the territory of 
                one or both of the Parties, other than duties 
                and taxes that are waived, refunded, 
                refundable, or otherwise recoverable, including 
                credit against duty or tax paid or payable;
                  (iii) the cost of waste and spoilage 
                resulting from the use of the material in the 
                production of the good, less the value of 
                renewable scrap or byproducts; and
                  (iv) the cost of originating materials used 
                in the production of the nonoriginating 
                material in the territory of a Party.

            Article 4.4: Accessories, Spare Parts, and Tools

    Each Party shall provide that accessories, spare parts, or 
tools delivered with a good that form part of the good's 
standard accessories, spare parts, or tools, shall be regarded 
as a material used in the production of the good, provided 
that:
          (a) the accessories, spare parts, or tools are 
        classified with and not invoiced separately from the 
        good; and
          (b) the quantities and value of the accessories, 
        spare parts, or tools are customary for the good.

               Article 4.5: Fungible Goods and Materials

    1. Each Party shall provide that the person claiming 
preferential tariff treatment for a good may claim that a 
fungible good or material is originating based on either the 
physical segregation of each fungible good or material, or 
through the use of any inventory management method, such as 
averaging, last-in, first-out, or first-in, first-out, 
recognized in the Generally Accepted Accounting Principles of 
the Party in which the production is performed or otherwise 
accepted by the Party in which the production is performed.
    2. Each Party shall provide that the inventory management 
method selected under paragraph 1 for particular fungible goods 
or materials shall continue to be used for those goods or 
materials throughout the fiscal year of the person that 
selected the inventory management method.

                       Article 4.6: Accumulation

    1. Each Party shall provide that originating goods or 
materials of a Party, incorporated into a good in the territory 
of the other Party, shall be considered to originate in the 
territory of the other Party.
    2. Each Party shall provide that a good is originating 
where the good is produced in the territory of one or both 
Parties by one or more producers, provided that the good 
satisfies the requirements in Article 4.1 and all other 
applicable requirements in this Chapter.

                      Article 4.7: De Minimis Rule

    1. Each Party shall provide that a good that does not 
undergo a change in tariff classification pursuant to Annex 4.1 
is nonetheless originating if the value of all nonoriginating 
materials that are used in the production of the good and that 
do not undergo the applicable change in tariff classification 
does not exceed 10 percent of the adjusted value of the good, 
provided that the value of such non-originating materials shall 
be included in the value of non-originating materials for any 
applicable regional value content requirement and that the good 
meets all other applicable requirements in this Chapter.
    2. Paragraph 1 does not apply to:
          (a) a non-originating material provided for in 
        Chapter 4 of the Harmonized System, or a non-
        originating dairy preparation containing over 10 
        percent by weight of milk solids provided for in 
        subheadings 1901.90 or 2106.90 of the Harmonized 
        System, that is used in the production of a good 
        provided for in Chapter 4 of the Harmonized System;
          (b) a non-originating material provided for in 
        Chapter 4 of the Harmonized System, or non-originating 
        dairy preparations containing over 10 percent by weight 
        of milk solids provided for in subheading 1901.90 of 
        the Harmonized System, that are used in the production 
        of the following goods: infant preparations containing 
        over 10 percent in weight of milk solids provided for 
        in subheading 1901.10 of the Harmonized System; mixes 
        and doughs, containing over 25 percent by weight of 
        butterfat, not put up for retail sale, provided for in 
        subheading 1901.20 of the Harmonized System; dairy 
        preparations containing over 10 percent by weight of 
        milk solids provided for in subheadings 1901.90 or 
        2106.90 of the Harmonized System; goods provided for in 
        heading 2105 of the Harmonized System; beverages 
        containing milk provided for in subheading 2202.90 of 
        the Harmonized System; or animal feeds containing over 
        10 percent by weight of milk solids provided for in 
        subheading 2309.90 of the Harmonized System;
          (c) a non-originating material provided for in 
        heading 0805 of the Harmonized System or subheadings 
        2009.11 through 2009.30 of the Harmonized System that 
        is used in the production of a good provided for in 
        subheadings 2009.11 through 2009.30 of the Harmonized 
        System, or in fruit or vegetable juice of any single 
        fruit or vegetable, fortified with minerals or 
        vitamins, concentrated or unconcentrated, provided for 
        in subheadings 2106.90 or 2202.90 of the Harmonized 
        System;
          (d) a non-originating material provided for in 
        Chapter 15 of the Harmonized System that is used in the 
        production of a good provided for in headings 1501 
        through 1508, 1512, 1514, or 1515 of the Harmonized 
        System;
          (e) a non-originating material provided for in 
        heading 1701 of the Harmonized System that is used in 
        the production of a good provided for in headings 1701 
        through 1703 of the Harmonized System;
          (f) a non-originating material provided for in 
        Chapter 17 or in heading 1805 of the Harmonized System 
        that is used in the production of a good provided for 
        in subheading 1806.10 of the Harmonized System;
          (g) a non-originating material provided for in 
        headings 2203 through 2208 of the Harmonized System 
        that is used in the production of a good provided for 
        in heading 2207 or 2208 of the Harmonized System; and
          (h) a non-originating material used in the production 
        of a good provided for in Chapters 1 through 21 of the 
        Harmonized System unless the non-originating material 
        is provided for in a different subheading than the good 
        for which origin is being determined under this 
        Article.
    3. With respect to a textile and apparel good provided for 
in Chapters 50 through 63 of the Harmonized System, Article 
3.20(6) (Rules of Origin and Related Matters) applies in place 
of paragraph 1.

           Article 4.8: Indirect Materials Used in Production

    Each Party shall provide that an indirect material shall be 
considered to be an originating material without regard to 
where it is produced.

    Article 4.9: Packaging Materials and Containers for Retail Sale

    Each Party shall provide that packaging materials and 
containers in which a good is packaged for retail sale, if 
classified with the good, shall be disregarded in determining 
whether all non-originating materials used in the production of 
the good undergo the applicable change in tariff classification 
set out in Annex 4.1, and, if the good is subject to a regional 
value content requirement, the value of such packaging 
materials and containers shall be taken into account as 
originating or non-originating materials, as the case may be, 
in calculating the regional value content of the good.

      Article 4.10: Packing Materials and Containers for Shipment

    Each Party shall provide that packing materials and 
containers for shipment shall be disregarded in determining 
whether:
          (a) the non-originating materials used in the 
        production of the good undergo an applicable change in 
        tariff classification set out in Annex 4.1; and
          (b) the good satisfies a regional value content 
        requirement.

                Article 4.11: Transit and Transshipment

    1. Each Party shall provide that a good shall not be 
considered an originating good if the good undergoes subsequent 
production or any other operation outside the territories of 
the Parties, other than unloading, reloading, or any other 
process necessary to preserve the good in good condition or to 
transport the good to the territory of a Party.
    2. The importing Party may require that a person claiming 
that a good is originating demonstrate, to the satisfaction of 
the Party's customs authority, that any subsequent operations 
on the good performed outside the territories of the Parties 
comply with the requirements in paragraph 1.

                      Section B--Origin Procedures

                     Article 4.12: Claims of Origin

    1. Each Party shall require that an importer claiming 
preferential tariff treatment for a good:
          (a) make a written declaration in the importation 
        document that the good qualifies as originating;
          (b) be prepared to submit, on the request of the 
        importing Party's customs authority, a certificate of 
        origin or information demonstrating that the good 
        qualifies as originating;
          (c) promptly make a corrected declaration and pay any 
        duties owing where the importer has reason to believe 
        that the certificate or other information on which the 
        declaration was based is incorrect.
    2. Each Party, where appropriate, may request that an 
importer claiming preferential tariff treatment for a good 
demonstrate to the Party's customs authority that the good 
qualifies as originating under Section A, including that the 
good satisfies the requirements in Article 4.11.
    3. Each Party shall provide that, where an originating good 
was imported into the territory of that Party but no claim for 
preferential tariff treatment was made at the time of 
importation, the importer of the good may, no later than one 
year after the date on which the good was imported, apply for a 
refund of any excess duties paid as the result of the good not 
having been accorded preferential tariff treatment, on 
presentation of:
          (a) a written declaration that the good qualified as 
        originating at the time of importation;
          (b) a copy of a certificate of origin or other 
        information demonstrating that the good qualifies as 
        originating; and
          (c) such other documentation relating to the 
        importation of the good as the importing Party may 
        require.

                  Article 4.13: Certificates of Origin

    1. Each Party shall provide that an importer may satisfy a 
request under Article 4.12(1)(b) by providing a certificate of 
origin that sets forth a valid basis for a claim that a good is 
originating. Each Party shall provide that the certificate of 
origin need not be in a prescribed format, and that the 
certificate may be submitted electronically.
    2. Each Party shall provide that a certificate of origin 
may be issued by the importer, exporter, or producer of the 
good. Where an exporter or importer is not the producer of the 
good, each Party shall provide that the exporter or importer 
may issue a certificate of origin based on:
          (a) a certificate of origin issued by the producer; 
        or
          (b) knowledge of the exporter or importer that the 
        good qualifies as an originating good.
    3. Each Party shall provide that a certificate of origin 
may cover the importation of one or more goods or several 
importations of identical goods within a period specified in 
the certificate.
    4. Each Party shall provide that a certificate of origin is 
valid for four years from the date on which the certificate was 
issued.
    5. A Party may require that a certificate of origin for a 
good imported into its territory be completed in either Spanish 
or English.
    6. For an originating good that is imported into the 
territory of a Party on or after the date of entry into force 
of this Agreement, each Party shall accept a certificate of 
origin issued by the importer, exporter, or producer of the 
good prior to that date, unless the Party possesses information 
indicating that the certificate is invalid.
    7. Neither Party may require a certificate of origin or 
information demonstrating that the good qualifies as 
originating for:
          (a) the importation of goods with a customs value not 
        exceeding US $2,500, or the equivalent amount in 
        Chilean currency, or such higher amount as may be 
        established by the importing Party; or
          (b) the importation of other goods as may be 
        identified in the importing Party's laws governing 
        claims of origin under this Agreement, unless the 
        importation can be considered to have been carried out 
        or planned for the purpose of evading compliance with 
        the Party's laws governing claims of origin under this 
        Agreement.

           Article 4.14: Obligations Relating to Importations

    1. Each Party shall provide that the importer is 
responsible for submitting a certificate of origin or other 
information demonstrating that the good qualifies as 
originating, for the truthfulness of the information and data 
contained therein, for submitting any supporting documents 
requested by the Party's customs authority, and for the 
truthfulness of the information contained in those documents.
    2. Each Party shall provide that the fact that the importer 
has issued a certificate of origin based on information 
provided by the exporter or the producer shall not relieve the 
importer of the responsibility referred to in paragraph 1.
    3. Each Party shall provide that an importer claiming 
preferential tariff treatment for a good imported into the 
Party's territory shall maintain, for a period of five years 
after the date of importation of the good, a certificate of 
origin or other information demonstrating that the good 
qualifies as originating, and all other documents that the 
Party may require relating to the importation of the good, 
including records associated with:
          (a) the purchase, cost, value of, and payment for, 
        the good;
          (b) where appropriate, the purchase, cost, value of, 
        and payment for, all materials, including recovered 
        goods and indirect materials, used in the production of 
        the good; and
          (c) where appropriate, the production of the good in 
        its exported form.

           Article 4.15: Obligations Relating to Exportations

    1. For purposes of cooperation under Article 5.5 
(Cooperation), each Party shall provide that an exporter or 
producer that issues a certificate of origin for a good 
exported from the Party's territory shall provide a copy of the 
certificate to the Party's customs authority upon its request.
    2. Each Party shall provide that an exporter or producer 
that has issued a certificate of origin for a good exported 
from the Party's territory shall maintain, for a period of at 
least five years after the date the certificate was issued, all 
records and supporting documents related to the origin of the 
good, including:
          (a) purchase, cost, value of, and payment for, the 
        good;
          (b) where appropriate, the purchase, cost, value of, 
        and payment for, all materials, including recovered 
        goods, used in the production of the good; and
          (c) where appropriate, the production of the good in 
        the form in which it was exported.
    3. Each Party shall provide that where an exporter or 
producer has issued a certificate of origin, and has reason to 
believe that the certificate contains or is based on incorrect 
information, the exporter or producer shall immediately notify, 
in writing, every person to whom the exporter or producer 
issued the certificate of any change that could affect the 
accuracy or validity of the certificate. Neither Party may 
impose penalties on an exporter or producer in its territory 
for issuing an incorrect certificate if it voluntarily provides 
written notification in conformity with this paragraph.

          Article 4.16: Procedures for Verification of Origin

    1. Each Party shall grant any claim for preferential tariff 
treatment made in accordance with this Section, unless the 
Party possesses information indicating that the importer's 
claim fails to comply with any requirement under Section A or 
Article 3.20 (Rules of Origin and Related Matters), except as 
otherwise provided in Article 3.21 (Customs Cooperation).
    2. To determine whether a good imported into its territory 
qualifies as originating, the importing Party may, through its 
customs authority, verify the origin in accordance with its 
customs laws and regulations.
    3. Where a Party denies a claim for preferential tariff 
treatment, it shall issue a written determination containing 
findings of fact and the legal basis for its determination. The 
Party shall issue the determination within a period established 
under its law.
    4. A Party shall not subject an importer to penalties where 
the importer that made an incorrect declaration voluntarily 
makes a corrected declaration.
    5. Where a Party determines through verification that an 
importer has certified more than once, falsely or without 
substantiation, that a good qualifies as originating, the Party 
may suspend preferential tariff treatment to identical goods 
imported by that person until the importer proves that it has 
complied with the Party's laws and regulations governing claims 
of origin under this Agreement.
    6. Each Party that carries out a verification of origin in 
which Generally Accepted Accounting Principles are pertinent 
shall apply those principles in the manner that they are 
applied in the territory of the Party from which the good was 
exported.

                    Article 4.17: Common Guidelines

    By the date of entry into force of this Agreement, the 
Parties shall agree on and publish common guidelines for the 
interpretation, application, and administration of this Chapter 
and the relevant provisions of Chapter Three (National 
Treatment and Market Access for Goods). As appropriate, the 
Parties may subsequently agree to modify the common guidelines.

                         Section C--Definitions

                       Article 4.18: Definitions

    For purposes of this Chapter:

adjusted value means the value determined in accordance with 
Articles 1 through 8, Article 15, and the corresponding 
interpretative notes of the Customs Valuation Agreement, 
adjusted, if necessary, to exclude any costs, charges, or 
expenses incurred for transportation, insurance, and related 
services incident to the international shipment of the 
merchandise from the country of exportation to the place of 
importation;

exporter means a person who exports goods from the territory of 
a Party;

fungible goods or materials means goods or materials that are 
interchangeable for commercial purposes and whose properties 
are essentially identical;

Generally Accepted Accounting Principles means the principles, 
rules, and procedures, including both broad and specific 
guidelines, that define the accounting practices accepted in 
the territory of a Party;

good means any merchandise, product, article, or material;

goods wholly obtained or produced entirely in the territory of 
one or both of the Parties means:
          (a) mineral goods extracted in the territory of one 
        or both of the Parties;
          (b) vegetable goods, as such goods are defined in the 
        Harmonized System, harvested in the territory of one or 
        both of the Parties;
          (c) live animals born and raised in the territory of 
        one or both of the Parties;
          (d) goods obtained from hunting, trapping, or fishing 
        in the territory of one or both of the Parties;
          (e) goods (fish, shellfish, and other marine life) 
        taken from the sea by vessels registered or recorded 
        with a Party and flying its flag;
          (f) goods produced on board factory ships from the 
        goods referred to in subparagraph (e) provided such 
        factory ships are registered or recorded with that 
        Party and fly its flag;
          (g) goods taken by a Party or a person of a Party 
        from the seabed or beneath the seabed outside 
        territorial waters, provided that a Party has rights to 
        exploit such seabed;
          (h) goods taken from outer space, provided they are 
        obtained by a Party or a person of a Party and not 
        processed in the territory of a non-Party;
          (i) waste and scrap derived from
                  (i) production in the territory of one or 
                both of the Parties, or
                  (ii) used goods collected in the territory of 
                one or both of the Parties, provided such goods 
                are fit only for the recovery of raw materials;
          (j) recovered goods derived in the territory a Party 
        from used goods, and utilized in the Party's territory 
        in the production of remanufactured goods; and
          (k) goods produced in the territory of one or both of 
        the Parties exclusively from goods referred to in 
        subparagraphs (a) through (i), or from their 
        derivatives, at any stage of production;

importer means a person who imports goods into the territory of 
a Party;

indirect material means a good used in the production, testing, 
or inspection of a good but not physically incorporated into 
the good, or a good used in the maintenance of buildings or the 
operation of equipment associated with the production of a 
good, including:
          (a) fuel and energy;
          (b) tools, dies, and molds;
          (c) spare parts and materials used in the maintenance 
        of equipment and buildings;
          (d) lubricants, greases, compounding materials, and 
        other materials used in production or used to operate 
        equipment and buildings;
          (e) gloves, glasses, footwear, clothing, safety 
        equipment, and supplies;
          (f) equipment, devices, and supplies used for testing 
        or inspecting the goods;
          (g) catalysts and solvents; and
          (h) any other goods that are not incorporated into 
        the good but whose use in the production of the good 
        can reasonably be demonstrated to be a part of that 
        production;

issued means prepared by and, where required under a Party's 
domestic law or regulation, signed by the importer, exporter, 
or producer of the good;

location of the producer means site of production of a good;

material means a good that is used in the production of another 
good, including a part, ingredient, or indirect material;

non-originating good or non-originating material means a good 
or material that does not qualify as originating under this 
Chapter;

packing materials and containers for shipment means the goods 
used to protect a good during its transportation, and does not 
include the packaging materials and containers in which a good 
is packaged for retail sale;

producer means a person who engages in the production of a good 
in the territory of a Party;

production means growing, mining, harvesting, fishing, raising, 
trapping, hunting, manufacturing, processing, assembling, or 
disassembling a good;

recovered goods means materials in the form of individual parts 
that are the result of: (1) the complete disassembly of used 
goods into individual parts; and (2) the cleaning, inspecting, 
testing, or other processing of those parts as necessary for 
improvement to sound working condition one or more of the 
following processes: welding, flame spraying, surface 
machining, knurling, plating, sleeving, and rewinding in order 
for such parts to be assembled with other parts, including 
other recovered parts in the production of a remanufactured 
good of Annex 4.18;

remanufactured goods means industrial goods assembled in the 
territory of a Party, listed in Annex 4.18, that: (1) are 
entirely or partially comprised of recovered goods; and (2) 
have the same life expectancy and meet the same performance 
standards as new goods; and (3) enjoy the same factory warranty 
as such new goods;

self-produced material means an originating material that is 
produced by a producer of a good and used in the production of 
that good; and

value means the value of a good or material for purposes of 
calculating customs duties or for purposes of applying this 
Chapter.

                              Chapter Five

                         Customs Administration

                        Article 5.1: Publication

    1. Each Party shall publish its customs laws, regulations, 
and administrative procedures on the Internet or a comparable 
computer-based telecommunications network.
    2. Each Party shall designate one or more inquiry points to 
address inquiries from interested persons concerning customs 
matters, and shall make available on the Internet information 
concerning procedures for making such inquiries.
    3. To the extent possible, each Party shall publish in 
advance any regulations of general application governing 
customs matters that it proposes to adopt and provide 
interested persons the opportunity to comment on such proposed 
regulations prior to their adoption.

                     Article 5.2: Release of Goods

    Each Party shall:
          (a) adopt or maintain procedures providing for the 
        release of goods within a period of time no greater 
        than that required to ensure compliance with its 
        customs laws and, to the extent possible, within 48 
        hours of arrival;
          (b) adopt or maintain procedures allowing, to the 
        extent possible, goods to be released at the point of 
        arrival, without temporary transfer to warehouses or 
        other locations;
          (c) adopt or maintain procedures allowing the release 
        of goods prior to, and without prejudice to, the final 
        determination by its customs authority of the 
        applicable customs duties, taxes and fees; \3\ and
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    \3\ A Party may require an importer to provide sufficient guarantee 
in the form of a surety, a deposit, or some other appropriate 
instrument, covering the ultimate payment of the customs duties for 
which the goods may be liable.
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          (d) otherwise endeavor to adopt or maintain 
        simplified procedures for the release of goods.

                        Article 5.3: Automation

    Each Party's customs authority shall:
          (a) endeavor to use information technology that 
        expedites procedures; and
          (b) in deciding on the information technology to be 
        used for this purpose, take into account international 
        standards.

                      Article 5.4: Risk Assessment

    Each Party shall endeavor to adopt or maintain risk 
management systems that enable its customs authority to 
concentrate inspection activities on high risk goods and that 
simplify the clearance and movement of low risk goods.

                        Article 5.5: Cooperation

    1. Each Party shall endeavor to provide the other Party 
with advance notice of any significant modification of 
administrative policy regarding the implementation of its 
customs laws that is likely to substantially affect the 
operation of this Agreement.
    2. The Parties shall cooperate in achieving compliance with 
their laws and regulations pertaining to:
          (a) the implementation and operation of the 
        provisions of this Agreement relating to the 
        importation of goods, including Chapter Three (National 
        Treatment and Market Access for Goods), Chapter Four 
        (Rules of Origin and Origin Procedures), and this 
        Chapter;
          (b) the implementation and operation of the Customs 
        Valuation Agreement;
          (c) restrictions or prohibitions on imports or 
        exports; or
          (d) such other customs matters as the Parties may 
        agree.
    3. Where a Party has a reasonable suspicion of unlawful 
activity related to its laws or regulations governing 
importations, the Party may request that the other Party 
provide specific confidential information normally collected by 
the other Party in association with the importation of goods 
pertaining to trade transactions relevant to that activity. The 
Party shall make its request in writing, shall identify the 
requested information with sufficient specificity for the other 
Party to locate it, and shall specify the purposes for which 
the information is sought.
    4. The other Party shall respond by providing any 
information that it has collected that is material to the 
request.
    5. For purposes of paragraph 3, a reasonable suspicion of 
unlawful activity means a suspicion based on relevant factual 
information obtained from public or private sources, including:
          (a) historical evidence that a specific importer, 
        exporter, producer, or other enterprise involved in the 
        movement of goods from the territory of one Party to 
        the territory of the other Party has not complied with 
        a Party's laws or regulations governing importations;
          (b) historical evidence that some or all of the 
        enterprises involved in the movement from the territory 
        of one Party to the territory of the other Party of 
        goods within a specific product sector have not 
        complied with a Party's laws or regulations governing 
        importations; or
          (c) other information that the Parties agree is 
        sufficient in the context of a particular request.
    6. Each Party shall endeavor to provide the other Party 
with any other information that would assist in determining 
whether imports from or exports to the other Party are in 
compliance with the other Party's laws or regulations governing 
importations, in particular those related to the prevention of 
unlawful activities.
    7. Each Party shall endeavor to provide the other with 
technical advice and assistance for the purpose of improving 
risk assessment techniques, simplifying and expediting customs 
procedures, advancing technical skills, and enhancing the use 
of technologies that can lead to improved compliance with laws 
and regulations governing importations.
    8. Building on the procedures established in this Article, 
the Parties shall use best efforts to explore additional 
avenues of cooperation to enhance each Party's ability to 
enforce its laws and regulations governing importations, 
including by:
          (a) concluding a mutual assistance agreement between 
        their respective customs authorities within six months 
        after the date of entry into force of this Agreement; 
        and
          (b) considering whether to establish additional 
        channels of communication to facilitate the secure and 
        rapid exchange of information and to improve 
        coordination on customs issues.

                      Article 5.6: Confidentiality

    1. Where a Party providing information to the other Party 
in accordance with this Chapter designates the information as 
confidential, the other Party shall maintain the 
confidentiality of the information. The Party providing the 
information may, in accordance with its domestic law, require 
written assurances from the other Party that the information 
will be held in confidence, will be used only for the purposes 
specified in the other Party's request for information, and 
will not be disclosed without the Party's specific permission.
    2. A Party may decline to provide information requested by 
the other Party where the other Party has failed to act in 
conformity with assurances provided under paragraph 1.
    3. Each Party shall adopt or maintain procedures in which 
confidential information, including information the disclosure 
of which could prejudice the competitive position of the person 
providing the information, submitted in connection with the 
Party's administration of its customs laws shall be protected 
from unauthorized disclosure.

                     Article 5.7: Express Shipments

    Each Party shall adopt or maintain separate, expedited 
customs procedures for express shipments, while maintaining 
appropriate customs control and selection, including 
procedures:
          (a) in which the information necessary for the 
        release of an express shipment may be submitted, and 
        processed by the Party's customs authority, prior to 
        the arrival of the shipment;
          (b) allowing a shipper to submit a single manifest 
        covering all goods contained in a shipment transported 
        by the express shipment service, through, if possible, 
        electronic means;
          (c) that, to the extent possible, minimize the 
        documentation required for the release of express 
        shipments; and
          (d) that, under normal circumstances, allow for an 
        express shipment that has arrived at a point of entry 
        to be released no later than six hours after the 
        submission of the information necessary for release.

                     Article 5.8: Review and Appeal

    Each Party shall ensure that with respect to its 
determinations on customs matters, importers in its territory 
have access to:
          (a) administrative review independent of the official 
        or office that issued the determination; and
          (b) judicial review of the determination or decision 
        taken at the final level of administrative review.

                         Article 5.9: Penalties

    Each Party shall adopt or maintain measures that provide 
for the imposition of civil, administrative, and, where 
appropriate, criminal sanctions for violations of its customs 
laws and regulations, including those governing tariff 
classification, customs valuation, rules of origin, and the 
entitlement to preferential tariff treatment under this 
Agreement.

                     Article 5.10: Advance Rulings

    1. Each Party, through its customs authority, shall issue 
written advance rulings prior to the importation of a good into 
its territory at the written request of an importer in its 
territory, or an exporter or producer in the territory of the 
other Party, on the basis of the facts and circumstances 
provided by the requester, concerning:
          (a) tariff classification;
          (b) the application of customs valuation criteria for 
        a particular case, in accordance with the application 
        of the provisions set forth in the Customs Valuation 
        Agreement;
          (c) duty drawback;
          (d) whether a good qualifies as an originating good 
        under Chapter Four (Rules of Origin and Origin 
        Procedures); and
          (e) whether a good qualifies for duty-free treatment 
        in accordance with Article 3.9 (Goods Re-entered after 
        Repair or Alteration).
    2. Each Party shall provide that its customs authority 
shall issue advance rulings within 150 days of a request, 
provided that the requester has submitted all necessary 
information.
    3. Each Party shall provide that advance rulings shall be 
in force from their date of issuance, or such other date 
specified by the ruling, for at least three years, provided 
that the facts or circumstances on which the ruling is based 
remain unchanged.
    4. The issuing Party may modify or revoke an advance ruling 
where facts or circumstances warrant, such as where the 
information on which the ruling is based is false or 
inaccurate.
    5. Where an importer claims that the treatment accorded to 
an imported good should be governed by an advance ruling, the 
customs authority may evaluate whether the facts and 
circumstances of the importation are consistent with the facts 
and circumstances upon which the advance ruling was based.
    6. Each Party shall make its advance rulings publicly 
available, subject to confidentiality requirements in its 
domestic law, for purposes of promoting the consistent 
application of advance rulings to other goods.
    7. If a requester provides false information or omits 
relevant circumstances or facts in its request for an advance 
ruling, or does not act in accordance with the ruling's terms 
and conditions, the importing Party may apply appropriate 
measures, including civil, criminal, and administrative 
actions, penalties, or other sanctions.

                      Article 5.11: Implementation

    1. With respect to the obligations of Chile, Articles 
5.1(1) and (2), 5.7(b), and 5.10(1)(b) shall enter into force 
three years after the date of entry into force of this 
Agreement.
    2. Within 120 days after the date of entry into force of 
this Agreement, the Parties shall consult on the procedures 
that Chile needs to adopt to implement Article 5.10(1)(b) and 
on related technical assistance to be provided by the United 
States, and shall establish a work program outlining the steps 
needed for Chile to implement Article 5.10(1)(b).
    3. Not later than 18 months after the date of entry into 
force of this Agreement, the Parties shall consult to discuss 
the progress made by Chile in implementing Article 5.10(1)(b) 
and to consider whether to engage in further cooperative 
efforts.

                              Chapter Six

                  Sanitary and Phytosanitary Measures

Objectives

    The objectives of this Chapter are to protect human, 
animal, and plant health conditions in the Parties' 
territories, enhance the Parties' implementation of the SPS 
Agreement, provide a forum for addressing bilateral sanitary 
and phytosanitary matters, resolve trade issues, and thereby 
expand trade opportunities.

                    Article 6.1: Scope and Coverage

    This Chapter applies to all sanitary and phytosanitary 
measures of a Party that may, directly or indirectly, affect 
trade between the Parties.

                    Article 6.2: General Provisions

    1. Further to Article 1.3 (Relation to Other Agreements), 
the Parties affirm their existing rights and obligations with 
respect to each other under the SPS Agreement.
    2. Neither Party may have recourse to dispute settlement 
under this Agreement for any matter arising under this Chapter.

      Article 6.3: Committee on Sanitary and Phytosanitary Matters

    1. The Parties hereby agree to establish a Committee on 
Sanitary and Phytosanitary Matters comprising representatives 
of each Party who have responsibility for sanitary and 
phytosanitary matters.
    2. The Parties shall establish the Committee not later than 
30 days after the date of entry into force of this Agreement 
through an exchange of letters identifying the primary 
representative of each Party to the Committee and establishing 
the Committee's terms of reference.
    3. The objectives of the Committee shall be to enhance the 
implementation by each Party of the SPS Agreement, protect 
human, animal, and plant life and health, enhance consultation 
and cooperation on sanitary and phytosanitary matters, and 
facilitate trade between the Parties.
    4. The Committee shall seek to enhance any present or 
future relationships between the Parties' agencies with 
responsibility for sanitary and phytosanitary matters.
    5. The Committee shall provide a forum for:
          (a) enhancing mutual understanding of each Party's 
        sanitary and phytosanitary measures and the regulatory 
        processes that relate to those measures;
          (b) consulting on matters related to the development 
        or application of sanitary and phytosanitary measures 
        that affect, or may affect, trade between the Parties;
          (c) consulting on issues, positions, and agendas for 
        meetings of the WTO SPS Committee, the various Codex 
        committees (including the Codex Alimentarius 
        Commission), the International Plant Protection 
        Convention, the International Office of Epizootics, and 
        other international and regional fora on food safety 
        and human, animal, and plant health;
          (d) coordinating technical cooperation programs on 
        sanitary and phytosanitary matters;
          (e) improving bilateral understanding related to 
        specific implementation issues concerning the SPS 
        Agreement; and
          (f) reviewing progress on addressing sanitary and 
        phytosanitary matters that may arise between the 
        Parties' agencies with responsibility for such matters.
    6. The Committee shall meet at least once a year unless the 
Parties otherwise agree.
    7. The Committee shall perform its work in accordance with 
the terms of reference referenced in paragraph 2. The Committee 
may revise the terms of reference and may develop procedures to 
guide its operation.
    8. Each Party shall ensure that appropriate representatives 
with responsibility for the development, implementation, and 
enforcement of sanitary and phytosanitary measures from its 
relevant trade and regulatory agencies or ministries 
participate in meetings of the Committee. The official agencies 
and ministries of each Party responsible for such measures 
shall be set out in the Committee's terms of reference.
    9. The Committee may agree to establish ad hoc working 
groups in accordance with the Committee's terms of reference.

                        Article 6.4: Definitions

    For purposes of this Chapter, sanitary or phytosanitary 
measure means any measure referred to in Annex A, paragraph 1, 
of the SPS Agreement.

                             Chapter Seven

                      Technical Barriers to Trade

Objectives

    The objectives of this Chapter are to increase and 
facilitate trade through the improvement of the implementation 
of the TBT Agreement, the elimination of unnecessary technical 
barriers to trade, and the enhancement of bilateral 
cooperation.

                    Article 7.1: Scope and Coverage

    1. Except as provided in paragraphs 2 and 3 of this 
Article, this Chapter applies to all standards, technical 
regulations, and conformity assessment procedures that may, 
directly or indirectly, affect trade in goods between the 
Parties. Notwithstanding Article 1.4 (Extent of Obligations), 
this Chapter applies only to central government bodies.
    2. Technical specifications prepared by governmental bodies 
for production or consumption requirements of such bodies are 
not subject to the provisions of this Chapter, but are 
addressed in Chapter Nine (Government Procurement), according 
to its coverage.
    3. This Chapter does not apply to sanitary and 
phytosanitary measures as defined in Annex A of the SPS 
Agreement.

  Article 7.2: Affirmation of Agreement on Technical Barriers to Trade

    Further to Article 1.3 (Relation to Other Agreements), the 
Parties affirm their existing rights and obligations with 
respect to each other under the TBT Agreement.

                  Article 7.3: International Standards

    In determining whether an international standard, guide, or 
recommendation within the meaning of Articles 2, 5, and Annex 3 
of the TBT Agreement exists, each Party shall apply the 
principles set out in Decisions and Recommendations adopted by 
the Committee since 1 January 1995, G/TBT/1/Rev.7, 28 November 
2000, Section IX (Decision of the Committee on Principles for 
the Development of International Standards, Guides and 
Recommendations with relation to Articles 2, 5 and Annex 3 of 
the Agreement), issued by the WTO Committee on Technical 
Barriers to Trade.

                    Article 7.4: Trade Facilitation

    The Parties shall intensify their joint work in the field 
of standards, technical regulations, and conformity assessment 
procedures with a view to facilitating access to each other's 
markets. In particular, the Parties shall seek to identify 
bilateral initiatives that are appropriate for particular 
issues or sectors. Such initiatives may include cooperation on 
regulatory issues, such as convergence or equivalence of 
technical regulations and standards, alignment with 
international standards, reliance on a supplier's declaration 
of conformity, and use of accreditation to qualify conformity 
assessment bodies, as well as cooperation through mutual 
recognition.

                   Article 7.5: Technical Regulations

    1. Where a Party provides for the acceptance of a foreign 
technical regulation as equivalent to a particular technical 
regulation of its own, and the Party does not accept a 
technical regulation of the other Party as equivalent to that 
technical regulation, it shall, at the request of the other 
Party, explain the reasons for not accepting the technical 
regulation of the other Party as equivalent.
    2. Where a Party does not provide for the acceptance of 
foreign technical regulations as equivalent to its own, that 
Party may, at the request of the other Party, explain the 
reasons for not accepting the other Party's technical 
regulations as equivalent.

                   Article 7.6: Conformity Assessment

    1. The Parties recognize that a broad range of mechanisms 
exists to facilitate the acceptance of conformity assessment 
results, including:
          (a) the importing Party's reliance on a supplier's 
        declaration of conformity;
          (b) voluntary arrangements between conformity 
        assessment bodies from each Party's territory;
          (c) agreements on mutual acceptance of the results of 
        conformity assessment procedures with respect to 
        specified regulations conducted by bodies located in 
        the territory of the other Party;
          (d) accreditation procedures for qualifying 
        conformity assessment bodies;
          (e) government designation of conformity assessment 
        bodies; and
          (f) recognition by one Party of the results of 
        conformity assessments performed in the other Party's 
        territory.
The Parties shall intensify their exchange of information on 
the range of mechanisms to facilitate the acceptance of 
conformity assessment results.
    2. Where a Party does not accept the results of a 
conformity assessment procedure performed in the territory of 
the other Party, it shall, on request of the other Party, 
explain its reasons.
    3. Each Party shall accredit, approve, license, or 
otherwise recognize conformity assessment bodies in the 
territory of the other Party on terms no less favorable than 
those it accords to conformity assessment bodies in its 
territory. If a Party accredits, approves, licenses, or 
otherwise recognizes a body assessing conformity with a 
particular technical regulation or standard in its territory 
and it refuses to accredit, approve, license, or otherwise 
recognize a body assessing conformity with that technical 
regulation or standard in the territory of the other Party, it 
shall, on request, explain the reasons for its refusal.
    4. Where a Party declines a request from the other Party to 
engage in or conclude negotiations to reach agreement on 
facilitating recognition in its territory of the results of 
conformity assessment procedures conducted by bodies in the 
territory of the other Party, it shall, on request, explain its 
reasons.

                       Article 7.7: Transparency

    1. Further to Article 20.2 (Publication), each Party shall 
allow persons of the other Party to participate in the 
development of standards, technical regulations, and conformity 
assessment procedures. Each Party shall permit persons of the 
other Party to participate in the development of such measures 
on terms no less favorable than those accorded to its own 
persons.
    2. Each Party shall recommend that non-governmental 
standardizing bodies in its territory observe paragraph 1.
    3. In order to enhance the opportunity for persons to 
provide meaningful comments, a Party publishing a notice under 
Article 2.9 or 5.6 of the TBT Agreement shall:
          (a) include in the notice a statement describing the 
        objective of the proposal and the rationale for the 
        approach the Party is proposing; and
          (b) transmit the proposal electronically to the other 
        Party through the inquiry point established under 
        Article 10 of the TBT Agreement at the same time as it 
        notifies WTO Members of the proposal pursuant to the 
        TBT Agreement.
    Each Party should allow at least 60 days from the 
transmission under subparagraph (b) for persons and the other 
Party to make comments in writing on the proposal.
    4. Where a Party makes a notification under Article 2.10 or 
5.7 of the TBT Agreement, it shall at the same time transmit 
the notification to the other Party, electronically, through 
the inquiry point referenced in paragraph 3(b).
    5. Each Party shall publish, in print or electronically, or 
otherwise make available to the public, its responses to 
significant comments at the same time as the publication of the 
final technical regulation or conformity assessment procedure.
    6. Each Party shall, on request of the other Party, provide 
information regarding the objective of, and rationale for, a 
standard, technical regulation, or conformity assessment 
procedure that the Party has adopted or is proposing to adopt.
    7. Each Party shall implement this Article as soon as is 
practicable and in no event later than five years from the date 
of entry into force of this Agreement.

         Article 7.8: Committee on Technical Barriers to Trade

    1. The Parties hereby establish the Committee on Technical 
Barriers to Trade, comprising representatives of each Party, 
pursuant to Annex 7.8.
    2. The Committee's functions shall include:
          (a) monitoring the implementation and administration 
        of this Chapter;
          (b) promptly addressing any issue that a Party raises 
        related to the development, adoption, application, or 
        enforcement of standards, technical regulations, or 
        conformity assessment procedures;
          (c) enhancing cooperation in the development and 
        improvement of standards, technical regulations, and 
        conformity assessment procedures;
          (d) where appropriate, facilitating sectoral 
        cooperation among governmental and non-governmental 
        conformity assessment bodies in the Parties' 
        territories;
          (e) exchanging information on developments in non-
        governmental, regional, and multilateral fora engaged 
        in activities related to standardization, technical 
        regulations, and conformity assessment procedures;
          (f) taking any other steps the Parties consider will 
        assist them in implementing the TBT Agreement and in 
        facilitating trade in goods between them;
          (g) at a Party's request, consulting on any matter 
        arising under this Chapter;
          (h) reviewing this Chapter in light of any 
        developments under the TBT Agreement, and developing 
        recommendations for amendments to this Chapter in light 
        of those developments; and
          (i) as it considers appropriate, reporting to the 
        Commission on the implementation of this Chapter.
    3. Where the Parties have had recourse to consultations 
under paragraph 2(g) such consultations shall, on the agreement 
of the Parties, constitute consultations under Article 22.4 
(Consultations).
    4. A Party shall, on request, give favorable consideration 
to any sector-specific proposal the other Party makes for 
further cooperation under this Chapter.
    5. The Committee shall meet at least once a year unless the 
Parties otherwise agree.

                   Article 7.9: Information Exchange

    Any information or explanation that is provided on request 
of a Party pursuant to the provisions of this Chapter shall be 
provided in print or electronically within a reasonable period 
of time.

                       Article 7.10: Definitions

    For purposes of this Chapter, technical regulation, 
standard, conformity assessment procedures, and central 
government body shall have the meanings assigned to those terms 
in Annex 1 of the TBT Agreement.

                             Chapter Eight

                             Trade Remedies

                         Section A--Safeguards

             Article 8.1: Imposition of a Safeguard Measure

    1. A Party may impose a safeguard measure described in 
paragraph 2, during the transition period only, if as a result 
of the reduction or elimination of a duty pursuant to this 
Agreement,\4\ a good originating in the territory of the other 
Party is being imported into the Party's territory in such 
increased quantities, in absolute terms or relative to domestic 
production, and under such conditions as to constitute a 
substantial cause of serious injury, or threat thereof, to a 
domestic industry producing a like or directly competitive 
good.
---------------------------------------------------------------------------
    \4\ The Parties note that many of Chile's products received duty-
free treatment under the U.S. Generalized System of Preferences prior 
to the entry into force of this Agreement.
---------------------------------------------------------------------------
    2. If the conditions in paragraph 1 are met, a Party may to 
the extent as may be necessary to prevent or remedy serious 
injury, or threat thereof, and facilitate adjustment:
          (a) suspend the further reduction of any rate of duty 
        provided for under this Agreement on the good; or
          (b) increase the rate of duty on the good to a level 
        not to exceed the lesser of
                  (i) the most-favored-nation (MFN) applied 
                rate of duty in effect at the time the action 
                is taken, or
                  (ii) the MFN applied rate of duty in effect 
                on the day immediately preceding the date of 
                entry into force of this Agreement.\5\
---------------------------------------------------------------------------
    \5\ The Parties understand that neither tariff rate quotas nor 
quantitative restrictions would be a permissible form of safeguard 
measure.
---------------------------------------------------------------------------

             Article 8.2: Standards for a Safeguard Measure

    1. A Party may apply a safeguard measure, including any 
extension thereof, for no longer than three years. Regardless 
of its duration, such measure shall terminate at the end of the 
transition period.
    2. In order to facilitate adjustment in a situation where 
the expected duration of a safeguard measure is over one year, 
the Party applying the measure shall progressively liberalize 
it at regular intervals during the period of application.
    3. Neither Party may impose a safeguard measure more than 
once on the same good.
    4. Neither Party may impose a safeguard measure on a good 
that is subject to a measure that the Party has imposed 
pursuant to Article XIX of GATT 1994 and the Safeguards 
Agreement, and neither Party may continue maintaining a 
safeguard measure on a good that becomes subject to a measure 
that the Party imposes pursuant to Article XIX of GATT 1994 and 
the Safeguards Agreement.
    5. On the termination of a safeguard measure, the rate of 
duty shall be no higher than the rate that, according to the 
Party's Schedule to Annex 3.3 (Tariff Elimination), would have 
been in effect one year after the imposition of the measure. 
Beginning on January 1 of the year following the termination of 
the action, the Party that has applied the measure shall:
          (a) apply the rate of duty set out in the Party's 
        Schedule to Annex 3.3 (Tariff Elimination) as if the 
        safeguard measure had never been applied; or
          (b) eliminate the tariff in equal annual stages 
        ending on the date set out in the Party's Schedule to 
        Annex 3.3 (Tariff Elimination) for the elimination of 
        the tariff.

  Article 8.3: Investigation Procedures and Transparency Requirements

    1. A Party shall impose a safeguard measure only following 
an investigation by the Party's competent authorities in 
accordance with Articles 3 and 4.2(c) of the Safeguards 
Agreement; and to this end, Articles 3 and 4.2(c) of the 
Safeguards Agreement are incorporated into and made a part of 
this Agreement, mutatis mutandis.
    2. In the investigation described in paragraph 1, a Party 
shall comply with the requirements of Article 4.2(a) of the 
Safeguards Agreement; and to this end, Article 4.2(a) of the 
Safeguards Agreement is incorporated into and made a part of 
this Agreement, mutatis mutandis.

                       Article 8.4: Notification

    1. A Party shall promptly notify the other Party, in 
writing, on:
          (a) initiating an investigation under Article 8.3;
          (b) making a finding of serious injury or threat 
        thereof caused by increased imports under Article 8.1;
          (c) taking a decision to impose or extend a safeguard 
        measure; and
          (d) taking a decision to modify a safeguard measure 
        previously undertaken.
    2. A Party shall provide to the other Party a copy of the 
public version of the report of its competent authorities 
required under Article 8.3(1).

                       Article 8.5: Compensation

    1. The Party taking a safeguard measure shall, in 
consultation with the other Party, provide to the other Party 
mutually agreed trade liberalizing compensation in the form of 
concessions having substantially equivalent trade effects or 
equivalent to the value of the additional duties expected to 
result from the measure. Such consultations shall begin within 
30 days of the imposition of the measure.
    2. If the Parties are unable to reach agreement on 
compensation within 30 days after the consultations commence, 
the exporting Party shall be free to suspend the application of 
substantially equivalent concessions to the trade of the Party 
applying the safeguard measure.
    3. A Party shall notify the other Party in writing at least 
30 days before suspending concessions under paragraph 2.
    4. The obligation to provide compensation under paragraph 1 
and the right to suspend substantially equivalent concessions 
under paragraph 2 shall terminate on the later of: (a) the 
termination of the safeguard measure; or (b) the date on which 
the rate of duty returns to the rate of duty set out in the 
Party's Schedule to Annex 3.3 (Tariff Elimination).

                      Article 8.6: Global Actions

    1. Each Party retains its rights and obligations under 
Article XIX of GATT 1994 and the Safeguards Agreement.
    2. This Agreement does not confer any additional rights or 
obligations on the Parties with regard to actions taken 
pursuant to Article XIX of GATT 1994 and the Safeguards 
Agreement.

                        Article 8.7: Definitions

    For purposes of this Section:

domestic industry means, with respect to an imported good, the 
producers as a whole of the like or directly competitive good 
or those producers whose collective production of the like or 
directly competitive good constitutes a major proportion of the 
total domestic production of such good;

safeguard measure means a safeguard measure described in 
Article 8.1(2);

serious injury means a significant overall impairment in the 
position of a domestic industry;

substantial cause means a cause which is important and not less 
than any other cause;

threat of serious injury means serious injury that, on the 
basis of facts and not merely on allegation, conjecture, or 
remote possibility, is clearly imminent; and

transition period means the 10-year period beginning on the 
date of entry into force of this Agreement, except that 
transition period shall mean the 12-year period beginning on 
the date of entry into force of this Agreement in any case in 
which a safeguard measure is applied against an agricultural 
good and the Schedule to Annex 3.3 (Tariff Elimination) of the 
Party applying the measure provides for the Party to eliminate 
its tariffs on the good over 12 years.

            Section B--Antidumping and Countervailing Duties

           Article 8.8: Antidumping and Countervailing Duties

    1. Each Party retains its rights and obligations under the 
WTO Agreement with regard to the application of antidumping and 
countervailing duties.
    2. No provisions of this Agreement, including the 
provisions of Chapter Twenty-Two (Dispute Settlement), shall be 
construed as imposing any rights or obligations on the Parties 
with respect to antidumping or countervailing duty measures.

                              Chapter Nine

                         Government Procurement

Objectives

    The objectives of this Chapter are to recognize the 
importance of conducting government procurement in accordance 
with the fundamental principles of openness, transparency, and 
due process; and to strive to provide comprehensive coverage of 
procurement markets by eliminating market access barriers to 
the supply of goods and services, including construction 
services.

                    Article 9.1: Scope and Coverage

    1. This Chapter applies to any measure adopted or 
maintained by a Party relating to procurement by an entity 
listed in Annex 9.1:
          (a) by any contractual means, including purchase and 
        rental or lease, with or without an option to buy, 
        build-operate-transfer contracts, and public works 
        concession contracts; and
          (b) subject to the conditions specified in Annex 9.1.
    2. This Chapter does not apply to:
          (a) non-contractual agreements or any form of 
        assistance provided by a Party or a state enterprise, 
        including grants, loans, equity infusions, fiscal 
        incentives, subsidies, guarantees, cooperative 
        agreements, government provision of goods and services 
        to persons or to a regional or local level of 
        government, and purchases for the direct purpose of 
        providing foreign assistance;
          (b) purchases funded by international grants, loans, 
        or other assistance, where the provision of such 
        assistance is subject to conditions inconsistent with 
        the provisions of this Chapter;
          (c) hiring of government employees and related 
        employment measures; and
          (d) acquisition of fiscal agency or depository 
        services, liquidation and management services for 
        regulated financial institutions, and sale and 
        distribution services for government debt.
    3. Each Party shall ensure that its procuring entities 
listed in Annex 9.1 comply with this Chapter in conducting 
procurement covered by this Chapter.
    4. Where an entity awards a contract that is not covered by 
this Chapter, nothing in this Chapter shall be construed to 
cover any good or service component of that contract.
    5. No entity may prepare, design, or otherwise structure or 
divide, in any stage of the procurement, any procurement in 
order to avoid the obligations of this Chapter.
    6. Nothing in this Chapter shall prevent either Party from 
developing new procurement policies, procedures, or contractual 
means, provided they are not inconsistent with this Chapter.

                    Article 9.2: General Principles

National Treatment and Non-Discrimination

    1. With respect to any measure governing procurement 
covered by this Chapter, each Party shall accord to the goods 
and services of the other Party, and to the suppliers of the 
other Party of such goods and services, treatment no less 
favorable than the most favorable treatment the Party accords 
to its own goods, services, and suppliers.
    2. With respect to any measure governing procurement 
covered by this Chapter, neither Party may:
          (a) treat a locally established supplier less 
        favorably than another locally established supplier on 
        the basis of degree of foreign affiliation or 
        ownership; or
          (b) discriminate against a locally established 
        supplier on the basis that the goods or services 
        offered by that supplier for a particular procurement 
        are goods or services of the other Party.

Determination of Origin

    3. For purposes of paragraphs 1 and 2, determination of the 
origin of goods shall be made on a non-preferential basis.

Offsets

    4. An entity shall not consider, seek, or impose offsets at 
any stage of a procurement.

Measures Not Specific to Procurement

    5. Paragraphs 1 and 2 do not apply to measures respecting 
customs duties or other charges of any kind imposed on or in 
connection with importation, the method of levying such duties 
and charges or other import regulations, including restrictions 
and formalities, or measures affecting trade in services other 
than measures specifically governing procurement covered by 
this Chapter.

            Article 9.3: Publication of Procurement Measures

    Each Party shall promptly publish:
          (a) its measures of general application specifically 
        governing procurement covered by this Chapter; and
          (b) any changes in such measures in the same manner 
        as the original publication.

       Article 9.4: Publication of Notice of Intended Procurement

    1. For each procurement covered by this Chapter, an entity 
shall publish in advance a notice inviting interested suppliers 
to submit tenders for that procurement (``notice of intended 
procurement''), except as provided in Article 9.9(2). Each such 
notice shall be accessible during the entire period established 
for tendering for the relevant procurement.
    2. Each notice of intended procurement shall include a 
description of the intended procurement, any conditions that 
suppliers must fulfill to participate in the procurement, the 
name of the entity issuing the notice, the address where 
suppliers may obtain all documents relating to the procurement, 
the time limits for submission of tenders, and the dates for 
delivery of the goods or services to be procured.

           Article 9.5: Time Limits for the Tendering Process

    1. An entity shall prescribe time limits for the tendering 
process that allow sufficient time for suppliers to prepare and 
submit responsive tenders, taking into account the nature and 
complexity of the procurement. An entity shall provide no less 
than 30 days between the date on which it publishes the notice 
of intended procurement and the deadline for submitting 
tenders.
    2. Notwithstanding paragraph 1, where there are no 
qualification requirements for suppliers, entities may 
establish a time limit of less than 30 days, but in no case 
less than 10 days, in the following circumstances:
          (a) where the entity has published a notice 
        containing the information specified in Article 9.4(2) 
        at least 30 days and not more than 12 months in 
        advance;
          (b) in the case of the second or subsequent 
        publications of notices for procurement of a recurring 
        nature;
          (c) where an entity procures commercial goods or 
        services that are sold or offered for sale to, and 
        customarily purchased and used by, non-governmental 
        buyers for non-governmental purposes; or
          (d) where an unforeseen state of urgency duly 
        substantiated by the entity renders impracticable the 
        time limits specified in paragraph 1.

           Article 9.6: Information on Intended Procurements

    1. An entity shall provide interested suppliers tender 
documentation that includes all the information necessary to 
permit suppliers to prepare and submit responsive tenders. The 
documentation shall include all criteria that the entity will 
consider in awarding the contract, including all cost factors, 
and the weights or, where appropriate, the relative values, 
that the entity will assign to these criteria in evaluating 
tenders.
    2. Where an entity does not publish all the tender 
documentation by electronic means, the entity shall, on request 
of any supplier, promptly make the documentation available in 
written form to the supplier.
    3. Where an entity, during the course of a procurement, 
modifies the criteria referred to in paragraph 1, it shall 
transmit all such modifications in writing:
          (a) to all suppliers that are participating in the 
        procurement at the time the criteria are modified, if 
        the identities of such suppliers are known, and in all 
        other cases, in the same manner as the original 
        information was transmitted; and
          (b) in adequate time to allow such suppliers to 
        modify and re-submit their tenders, as appropriate.

                 Article 9.7: Technical Specifications

    1. An entity shall not prepare, adopt, or apply any 
technical specification with the purpose or the effect of 
creating unnecessary obstacles to trade between the Parties.
    2. Any technical specification prescribed by an entity 
shall be, where appropriate:
          (a) specified in terms of performance requirements 
        rather than design or descriptive characteristics; and
          (b) based on international standards, where 
        applicable, otherwise on national technical 
        regulations, recognized national standards, or building 
        codes.
    3. An entity shall not prescribe technical specifications 
that require or refer to a particular trademark or trade name, 
patent, design or type, specific origin or producer or supplier 
unless there is no sufficiently precise or intelligible way of 
otherwise describing the procurement requirements and provided 
that, in such cases, words such as ``or equivalent'' are 
included in the tender documentation.
    4. An entity shall not seek or accept, in a manner that 
would have the effect of precluding competition, advice that 
may be used in the preparation or adoption of any technical 
specification for a specific procurement from a person that may 
have a commercial interest in that procurement.
    5. For greater certainty, this Article is not intended to 
preclude a Party from preparing, adopting, or applying 
technical specifications to promote the conservation of natural 
resources.

               Article 9.8: Conditions for Participation

    1. Where an entity requires suppliers to satisfy 
registration, qualification, or any other requirements or 
conditions for participation (``conditions for participation'') 
in order to participate in a procurement, the entity shall 
publish a notice inviting suppliers to apply for participation. 
The entity shall publish the notice sufficiently in advance to 
provide interested suppliers sufficient time to prepare and 
submit applications and for the entity to evaluate and make its 
determinations based on such applications.
    2. Each entity shall:
          (a) limit any conditions for participation in a 
        procurement to those that are essential to ensure that 
        the potential supplier has the legal, technical, and 
        financial capacity to fulfill the requirements and 
        technical specifications of the procurement;
          (b) base qualification decisions solely on the 
        conditions for participation that it has specified in 
        advance in notices or tender documentation; and
          (c) recognize as qualified all suppliers of the other 
        Party that meet the requisite conditions for 
        participation in a procurement covered by this Chapter.
    3. Entities may establish publicly available lists of 
suppliers qualified to participate in procurements. Where an 
entity requires suppliers to qualify for such a list in order 
to participate in a procurement, and a supplier that has not 
yet qualified applies to be included on the list, the entity 
shall promptly start the qualification procedures for the 
supplier and shall allow the supplier to participate in the 
procurement, provided there is sufficient time to complete the 
procedures within the time period established for tendering.
    4. No entity may impose the condition that, in order for a 
supplier to participate in a procurement, the supplier has 
previously been awarded one or more contracts by an entity of 
that Party or that the supplier has prior work experience in 
the territory of that Party. An entity shall judge a supplier's 
financial and technical capacities on the basis of its global 
business activities including both its activity in the 
territory of the Party of the supplier, and its activity, if 
any, in the territory of the Party of the entity.
    5. An entity shall promptly communicate to any supplier 
that has applied for qualification its decision on whether that 
supplier is qualified. Where an entity rejects an application 
for qualification or ceases to recognize a supplier as 
qualified, that entity shall, on request of the supplier, 
promptly provide it a written explanation of the reasons for 
its decision.
    6. Nothing in this Article shall preclude an entity from 
excluding a supplier from a procurement on grounds such as 
bankruptcy or false declarations.

                   Article 9.9: Tendering Procedures

    1. Entities shall award contracts by means of open 
tendering procedures, in the course of which any interested 
supplier may submit a tender.
    2. Provided that the tendering procedure is not used to 
avoid competition or to protect domestic suppliers, entities 
may award contracts by means other than open tendering 
procedures in the following circumstances, where applicable:
          (a) in the absence of tenders that conform to the 
        essential requirements in the tender documentation 
        provided in a prior invitation to tender, including any 
        conditions for participation, on condition that the 
        requirements of the initial procurement are not 
        substantially modified in the contract as awarded;
          (b) where, for works of art, or for reasons connected 
        with the protection of exclusive rights, such as 
        patents or copyrights, or proprietary information, or 
        where there is an absence of competition for technical 
        reasons, the goods or services can be supplied only by 
        a particular supplier and no reasonable alternative or 
        substitute exists;
          (c) for additional deliveries by the original 
        supplier that are intended either as replacement parts, 
        extensions, or continuing services for existing 
        equipment, software, services or installations, where a 
        change of supplier would compel the entity to procure 
        goods or services not meeting requirements of 
        interchangeability with existing equipment, software, 
        services, or installations;
          (d) for goods purchased on a commodity market;
          (e) where an entity procures a prototype or a first 
        good or service that is developed at its request in the 
        course of, and for, a particular contract for research, 
        experiment, study, or original development. When such 
        contracts have been fulfilled, subsequent procurements 
        of such goods or services shall be subject to Articles 
        9.2 through 9.8 and Article 9.17;
          (f) where additional construction services that were 
        not included in the initial contract but that were 
        within the objectives of the original tender 
        documentation have, due to unforeseeable circumstances, 
        become necessary to complete the construction services 
        described therein. However, the total value of 
        contracts awarded for additional construction services 
        may not exceed 50 percent of the amount of the initial 
        contract; or
          (g) in so far as is strictly necessary where, for 
        reasons of extreme urgency brought about by events 
        unforeseeable by the entity, the goods or services 
        could not be obtained in time by means of an open 
        tendering procedure and the use of an open tendering 
        procedure would result in serious injury to the entity, 
        or the entity's program responsibilities, or the Party. 
        For purposes of this subparagraph, lack of advance 
        planning by an entity or its concerns relating to the 
        amount of funds available to it within a particular 
        period do not constitute unforeseeable events.
    3. An entity shall maintain a record or prepare a written 
report providing specific justification for any contract 
awarded by means other than open tendering procedures, as 
provided in paragraph 2.

                  Article 9.10: Awarding of Contracts

    1. An entity shall require that in order to be considered 
for award, a tender must be submitted in writing and must, at 
the time it is submitted:
          (a) conform to the essential requirements of the 
        tender documentation; and
          (b) be submitted by a supplier that has satisfied the 
        conditions for participation that the entity has 
        provided to all participating suppliers.
    2. Unless an entity determines that it is not in the public 
interest to award a contract, it shall award the contract to 
the supplier that the entity has determined to be fully capable 
of undertaking the contract and whose tender is determined to 
be the most advantageous in terms of the requirements and 
evaluation criteria set out in the tender documentation.
    3. No entity may cancel a procurement, or terminate or 
modify awarded contracts, in order to avoid the obligations of 
this Chapter.

                  Article 9.11: Information on Awards

Information Provided to Suppliers

    1. Subject to Article 9.15, an entity shall promptly inform 
suppliers participating in a tendering procedure of its 
contract award decision. On request, an entity shall provide a 
supplier whose tender was not selected for award the reasons 
for not selecting its tender and the relative advantages of the 
tender the entity selected.

Publication of Award Information

    2. After awarding a contract covered by this Chapter, an 
entity shall promptly publish a notice that includes at least 
the following information about the award:
          (a) the name of the entity;
          (b) a description of the goods or services procured;
          (c) the name of the winning supplier;
          (d) the value of the contract award; and
          (e) where the entity has not used open tendering 
        procedures, an indication of the circumstances 
        justifying the procedures used.

Maintenance of Records

    3. An entity shall maintain records and reports relating to 
tendering procedures and contract awards covered by this 
Chapter, including the records and reports provided for in 
Article 9.9(3), for a period of at least three years.

       Article 9.12: Ensuring Integrity in Procurement Practices

    Each Party shall adopt the necessary legislative or other 
measures to establish that it is a criminal offense under its 
law for:
          (a) a procurement official of that Party to solicit 
        or accept, directly or indirectly, any article of 
        monetary value or other benefit, for that procurement 
        official or for another person, in exchange for any act 
        or omission in the performance of that procurement 
        official's procurement functions;
          (b) any person to offer or grant, directly or 
        indirectly, to a procurement official of that Party, 
        any article of monetary value or other benefit, for 
        that procurement official or for another person, in 
        exchange for any act or omission in the performance of 
        that procurement official's procurement functions; and
          (c) any person intentionally to offer, promise or 
        give any undue pecuniary or other advantage, whether 
        directly or through intermediaries, to a foreign 
        procurement official, for that foreign procurement 
        official or for a third party, in order that the 
        foreign procurement official act or refrain from acting 
        in relation to the performance of procurement duties, 
        in order to obtain or retain business or other improper 
        advantage.

          Article 9.13: Domestic Review of Supplier Challenges

Independent Review Authorities

    1. Each Party shall establish or designate at least one 
impartial administrative or judicial authority that is 
independent from its entities to receive and review challenges 
that suppliers submit relating to the Party's measures 
implementing this Chapter in connection with a procurement 
covered by this Chapter and make appropriate findings and 
recommendations. Where a challenge by a supplier is initially 
reviewed by a body other than such an impartial authority, the 
Party shall ensure that the supplier may appeal the initial 
decision to an impartial administrative or judicial authority 
that is independent of the entity that is the subject of the 
challenge.
    2. Each Party shall provide that an authority it 
establishes or designates under paragraph 1 has authority to 
take prompt interim measures pending the resolution of a 
challenge to preserve the supplier's opportunity to participate 
in the procurement and to ensure that the Party complies with 
its measures implementing this Chapter, including by suspending 
the contract award or the performance of a contract that has 
already been awarded.
    3. Each Party shall ensure that its review procedures are 
published and are timely, transparent, effective, and 
consistent with due process principles.
    4. Each Party shall ensure that all documents related to a 
challenge to a procurement covered by this Chapter are made 
available to any authority it establishes or designates under 
paragraph 1.
    5. Notwithstanding other review procedures provided for or 
developed by each of the Parties, each Party shall ensure that 
any authority it establishes or designates under paragraph 1 
provides at least the following:
          (a) an opportunity for the supplier to review 
        relevant documents and to be heard by the authority in 
        a timely manner;
          (b) sufficient time for the supplier to prepare and 
        submit written challenges, which in no case shall be 
        less than 10 days from the time when the basis of the 
        complaint became known or reasonably should have become 
        known to the supplier;
          (c) a requirement that the entity respond in writing 
        to the supplier's challenge;
          (d) an opportunity for the supplier to reply to the 
        entity's response to the challenge; and
          (e) prompt delivery in writing of the decisions 
        relating to the challenge, with an explanation of the 
        grounds for each decision.
    6. Each Party shall ensure that a supplier's submission of 
a challenge will not prejudice the supplier's participation in 
ongoing or future procurements.

             Article 9.14: Modifications and Rectifications

    1. Either Party may modify its coverage under this Chapter 
provided that it:
          (a) notifies the other Party in writing and the other 
        Party does not object in writing within 30 days of the 
        notification; and
          (b) offers within 30 days acceptable compensatory 
        adjustments to the other Party to maintain a level of 
        coverage comparable to that existing prior to the 
        modification, except as provided in paragraphs 2 and 3.
    2. Either Party may make rectifications of a purely formal 
nature to its coverage under this Chapter, or minor amendments 
to its Schedules to Annex 9.1, Sections (A) through (C), 
provided that it notifies the other Party in writing and the 
other Party does not object in writing within 30 days of the 
notification. A Party that makes such a rectification or minor 
amendment shall not be required to provide compensatory 
adjustments.
    3. A Party need not provide compensatory adjustments in 
those circumstances where the Parties agree that the proposed 
modification covers an entity over which a Party has 
effectively eliminated its control or influence. Where the 
Parties do not agree that such government control or influence 
has been effectively eliminated, the objecting Party may 
request further information or consultations with a view to 
clarifying the nature of any government control or influence 
and reaching agreement on the entity's continued coverage under 
this Chapter.
    4. Where the Parties are in agreement on the proposed 
modification, rectification, or minor amendment, including 
where a Party has not objected within 30 days under paragraph 1 
or 2, the Commission shall give effect to the agreement by 
modifying forthwith the relevant Section of Annex 9.1.

              Article 9.15: Non-Disclosure of Information

    1. The Parties, their entities, and their review 
authorities shall not disclose confidential information the 
disclosure of which would prejudice legitimate commercial 
interests of a particular person or might prejudice fair 
competition between suppliers, without the formal authorization 
of the person that provided the information to the Party.
    2. Nothing in this Chapter shall be construed as requiring 
a Party or its entities to disclose confidential information 
the disclosure of which would impede law enforcement or 
otherwise be contrary to the public interest.

                        Article 9.16: Exceptions

    Provided that such measures are not applied in a manner 
that would constitute a means of arbitrary or unjustifiable 
discrimination between Parties where the same conditions 
prevail or a disguised restriction on trade between the 
Parties, nothing in this Chapter shall be construed to prevent 
a Party from adopting or maintaining measures:
          (a) necessary to protect public morals, order, or 
        safety;
          (b) necessary to protect human, animal, or plant life 
        or health;
          (c) necessary to protect intellectual property; or
          (d) relating to goods or services of handicapped 
        persons, of philanthropic institutions, or of prison 
        labor.
The Parties understand that subparagraph (b) includes 
environmental measures necessary to protect human, animal, or 
plant life or health.

                    Article 9.17: Public Information

    1. In order to facilitate access to information on 
commercial opportunities under this Chapter, each Party shall 
ensure that electronic databases that provide current 
information on all procurements covered by this Chapter that 
are conducted by entities listed in Annex 9.1(A), including 
information that can be disaggregated by detailed categories of 
goods and services, are made available to interested suppliers 
of the other Party, through the Internet or a comparable 
computer-based telecommunications network. Each Party shall, on 
request of the other Party, provide information on:
          (a) the classification system used to disaggregate 
        information on procurement of different goods and 
        services in such databases; and
          (b) the procedures for obtaining access to such 
        databases.
    2. Entities listed in Annex 9.1(A) shall publish notices of 
intended procurement in a government-wide, single point of 
entry electronic publication that is accessible through the 
Internet or a comparable computer-based telecommunications 
network. For entities listed in Annex 9.1(B), each Party shall 
facilitate a reasonable means for suppliers of the other Party 
to easily identify procurement opportunities, which should 
include a single point of entry.
    3. Each Party shall encourage its entities to publish, as 
early as possible in the fiscal year, information regarding the 
entity's procurement plans.

                 Article 9.18: Committee on Procurement

    The Parties hereby establish a Committee on Procurement 
comprising representatives of each Party. On request, the 
Committee shall meet to address matters related to the 
implementation of this Chapter, such as:
          (a) bilateral cooperation relating to the development 
        and use of electronic communications in government 
        procurement systems, including developments that may 
        lead to reducing the time limits for tendering set out 
        in Article 9.5;
          (b) exchange of statistics and other information to 
        assist the Parties in monitoring the implementation and 
        operation of this Chapter;
          (c) consideration of further negotiations aimed at 
        broadening the coverage of this Chapter, including with 
        respect to sub-federal or sub-central entities and 
        state-owned enterprises; and
          (d) efforts to increase understanding of their 
        respective government procurement systems, with a view 
        to maximizing access to government procurement 
        opportunities for small business suppliers. To that 
        end, either Party may request the other to provide 
        trade-related technical assistance, including training 
        of government personnel or interested suppliers on 
        specific elements of each Party's government 
        procurement system.

                   Article 9.19: Further Negotiations

    On request of either Party, the Parties shall enter into 
negotiations with a view to extending coverage under this 
Chapter on a reciprocal basis, if a Party provides, through an 
international agreement entered into after entry into force of 
this Agreement, access to its procurement market for suppliers 
of a non-Party beyond what it provides under this Agreement to 
suppliers of the other Party.

                       Article 9.20: Definitions

    For purposes of this Chapter:

build-operate-transfer contract and public works concession 
contract mean any contractual arrangement, the primary purpose 
of which is to provide for the construction or rehabilitation 
of physical infrastructure, plant, buildings, facilities, or 
other government-owned works and under which, as consideration 
for a supplier's execution of a contractual arrangement, the 
entity grants to the supplier, for a specified period of time, 
temporary ownership or a right to control and operate, and 
demand payment for the use of, such works for the duration of 
the contract;

entity means an entity listed in Annex 9.1;

in writing or written means any expression of information in 
words, numbers, or other symbols, including electronic 
expressions, that can be read, reproduced, and stored;

international standard means a standard that has been developed 
in conformity with the document referenced in Article 7.3 
(International Standards);

offsets means conditions imposed or considered by an entity 
prior to, or in the course of, its procurement process that 
encourage local development or improve a Party's balance of 
payments accounts by means of requirements of local content, 
licensing of technology, investment, counter-trade, or similar 
requirements;

procurement official means a person who performs procurement 
functions;

publish means to disseminate information in an electronic or 
paper medium that is distributed widely and is readily 
accessible to the general public;

supplier means a person that provides or could provide goods or 
services to an entity; and

technical specification means a specification that lays down 
the characteristics of goods to be procured or their related 
processes and production methods, or the characteristics of 
services to be procured or their related operating methods, 
including the applicable administrative provisions, and a 
requirement relating to conformity assessment procedures that 
an entity prescribes. A technical specification may also 
include or deal exclusively with terminology, symbols, 
packaging, marking or labeling requirements, as they apply to a 
good, process, service or production or operating method.

                              Chapter Ten

                               Investment

                         Section A--Investment

                  Article 10.1: Scope and Coverage \6\

    1. This Chapter applies to measures adopted or maintained 
by a Party relating to:
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    \6\ For greater certainty, the provisions of this chapter do not 
bind either Party in relation to any act or fact that took place or any 
situation that ceased to exist before the date of entry into force of 
this Agreement. Also, for greater certainty, this chapter is subject to 
and shall be interpreted in accordance with Annexes 10-A through 10-H.
---------------------------------------------------------------------------
          (a) investors of the other Party;
          (b) covered investments; and
          (c) with respect to Articles 10.5 and 10.12, all 
        investments in the territory of the Party.
    2. In the event of any inconsistency between this Chapter 
and another Chapter, the other Chapter shall prevail to the 
extent of the inconsistency.
    3. A requirement by a Party that a service provider of the 
other Party post a bond or other form of financial security as 
a condition of providing a service into its territory does not 
of itself make this Chapter applicable to the provision of that 
cross-border service. This Chapter applies to that Party's 
treatment of the posted bond or financial security.
    4. This Chapter does not apply to measures adopted or 
maintained by a Party to the extent that they are covered by 
Chapter Twelve (Financial Services).

                    Article 10.2: National Treatment

    1. Each Party shall accord to investors of the other Party 
treatment no less favorable than that it accords, in like 
circumstances, to its own investors with respect to the 
establishment, acquisition, expansion, management, conduct, 
operation, and sale or other disposition of investments in its 
territory.
    2. Each Party shall accord to covered investments treatment 
no less favorable than that it accords, in like circumstances, 
to investments in its territory of its own investors with 
respect to the establishment, acquisition, expansion, 
management, conduct, operation, and sale or other disposition 
of investments.
    3. The treatment to be accorded by a Party under paragraphs 
1 and 2 means, with respect to a regional level of government, 
treatment no less favorable than the most favorable treatment 
accorded, in like circumstances, by that regional level of 
government to investors, and to investments of investors, of 
the Party of which it forms a part.

              Article 10.3: Most-Favored-Nation Treatment

    1. Each Party shall accord to investors of the other Party 
treatment no less favorable than that it accords, in like 
circumstances, to investors of any non-Party with respect to 
the establishment, acquisition, expansion, management, conduct, 
operation, and sale or other disposition of investments in its 
territory.
    2. Each Party shall accord to covered investments treatment 
no less favorable than that it accords, in like circumstances, 
to investments in its territory of investors of any non-Party 
with respect to the establishment, acquisition, expansion, 
management, conduct, operation, and sale or other disposition 
of investments.

            Article 10.4: Minimum Standard of Treatment \7\

    1. Each Party shall accord to covered investments treatment 
in accordance with customary international law, including fair 
and equitable treatment and full protection and security.
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    \7\ For greater certainty, Article 10.4 shall be interpreted in 
accordance with Annex 10-A.
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    2. For greater certainty, paragraph 1 prescribes the 
customary international law minimum standard of treatment of 
aliens as the minimum standard of treatment to be afforded to 
covered investments. The concepts of ``fair and equitable 
treatment'' and ``full protection and security'' do not require 
treatment in addition to or beyond that which is required by 
that standard, and do not create additional substantive rights. 
The obligation in paragraph 1 to provide:
          (a) ``fair and equitable treatment'' includes the 
        obligation not to deny justice in criminal, civil, or 
        administrative adjudicatory proceedings in accordance 
        with the principle of due process embodied in the 
        principal legal systems of the world; and
          (b) ``full protection and security'' requires each 
        Party to provide the level of police protection 
        required under customary international law.
    3. A determination that there has been a breach of another 
provision of this Agreement, or of a separate international 
agreement, does not establish that there has been a breach of 
this Article.
    4. Notwithstanding Article 10.7(5)(b), each Party shall 
accord to investors of the other Party, and to covered 
investments, non-discriminatory treatment with respect to 
measures it adopts or maintains relating to losses suffered by 
investments in its territory owing to armed conflict or civil 
strife.
    5. Notwithstanding paragraph 4, if an investor of a Party, 
in the situations referred to in that paragraph, suffers a loss 
in the territory of the other Party resulting from:
          (a) requisitioning of its covered investment or part 
        thereof by the latter's forces or authorities; or
          (b) destruction of its covered investment or part 
        thereof by the latter's forces or authorities, which 
        was not required by the necessity of the situation,
the latter Party shall provide the investor restitution or 
compensation, which in either case shall be prompt, adequate, 
and effective, and, with respect to compensation, shall be in 
accordance with Article 10.9(2) through (4).
    6. Paragraph 4 does not apply to existing measures relating 
to subsidies or grants that would be inconsistent with Article 
10.2 but for Article 10.7(5)(b).

                 Article 10.5: Performance Requirements

Mandatory Performance Requirements

    1. Neither Party may impose or enforce any of the following 
requirements, or enforce any commitment or undertaking, in 
connection with the establishment, acquisition, expansion, 
management, conduct, operation, or sale or other disposition of 
an investment of an investor of a Party or of a non-Party in 
its territory:
          (a) to export a given level or percentage of goods or 
        services;
          (b) to achieve a given level or percentage of 
        domestic content;
          (c) to purchase, use, or accord a preference to goods 
        produced in its territory, or to purchase goods from 
        persons in its territory;
          (d) to relate in any way the volume or value of 
        imports to the volume or value of exports or to the 
        amount of foreign exchange inflows associated with such 
        investment;
          (e) to restrict sales of goods or services in its 
        territory that such investment produces or supplies by 
        relating such sales in any way to the volume or value 
        of its exports or foreign exchange earnings;
          (f) to transfer a particular technology, a production 
        process, or other proprietary knowledge to a person in 
        its territory; or
          (g) to supply exclusively from the territory of the 
        Party the goods that it produces or the services that 
        it supplies to a specific regional market or to the 
        world market.

Advantages Subject to Performance Requirements

    2. Neither Party may condition the receipt or continued 
receipt of an advantage, in connection with the establishment, 
acquisition, expansion, management, conduct, operation, or sale 
or other disposition of an investment in its territory of an 
investor of a Party or of a non-Party, on compliance with any 
of the following requirements:
          (a) to achieve a given level or percentage of 
        domestic content;
          (b) to purchase, use, or accord a preference to goods 
        produced in its territory, or to purchase goods from 
        persons in its territory;
          (c) to relate in any way the volume or value of 
        imports to the volume or value of exports or to the 
        amount of foreign exchange inflows associated with such 
        investment; or
          (d) to restrict sales of goods or services in its 
        territory that such investment produces or supplies by 
        relating such sales in any way to the volume or value 
        of its exports or foreign exchange earnings.

Exceptions and Exclusions

    3. (a) Nothing in paragraph 2 shall be construed to prevent 
a Party from conditioning the receipt or continued receipt of 
an advantage, in connection with an investment in its territory 
of an investor of a Party or of a non-Party, on compliance with 
a requirement to locate production, supply a service, train or 
employ workers, construct or expand particular facilities, or 
carry out research and development, in its territory.
    (b) Paragraph 1(f) does not apply:
          (i) when a Party authorizes use of an intellectual 
        property right in accordance with Article 31 \8\ of the 
        TRIPS Agreement, or to measures requiring the 
        disclosure of proprietary information that fall within 
        the scope of, and are consistent with, Article 39 of 
        the TRIPS Agreement; or
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    \8\ The reference to ``Article 31'' includes footnote 7 to Article 
31.
---------------------------------------------------------------------------
          (ii) when the requirement is imposed or the 
        commitment or undertaking is enforced by a court, 
        administrative tribunal, or competition authority to 
        remedy a practice determined after judicial or 
        administrative process to be anticompetitive under the 
        Party's competition laws.\9\
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    \9\ The Parties recognize that a patent does not necessarily confer 
market power.
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    (c) Provided that such measures are not applied in an 
arbitrary or unjustifiable manner, or do not constitute a 
disguised restriction on international trade or investment, 
paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be 
construed to prevent a Party from adopting or maintaining 
measures, including environmental measures:
          (i) necessary to secure compliance with laws and 
        regulations that are not inconsistent with this 
        Agreement;
          (ii) necessary to protect human, animal, or plant 
        life or health; or
          (iii) related to the conservation of living or non-
        living exhaustible natural resources.
    (d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not 
apply to qualification requirements for goods or services with 
respect to export promotion and foreign aid programs.
    (e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), 
do not apply to procurement.
    (f) Paragraphs 2(a) and (b) do not apply to requirements 
imposed by an importing Party relating to the content of goods 
necessary to qualify for preferential tariffs or preferential 
quotas.
    4. For greater certainty, paragraphs 1 and 2 do not apply 
to any requirement other than the requirements set out in those 
paragraphs.
    5. This Article does not preclude enforcement of any 
commitment, undertaking, or requirement between private 
parties, where a Party did not impose or require the 
commitment, undertaking, or requirement.

        Article 10.6: Senior Management and Boards of Directors

    1. Neither Party may require that an enterprise of that 
Party that is a covered investment appoint to senior management 
positions individuals of any particular nationality.
    2. A Party may require that a majority of the board of 
directors, or any committee thereof, of an enterprise of that 
Party that is a covered investment, be of a particular 
nationality, or resident in the territory of the Party, 
provided that the requirement does not materially impair the 
ability of the investor to exercise control over its 
investment.

               Article 10.7: Non-Conforming Measures \10\

    1. Articles 10.2, 10.3, 10.5, and 10.6 do not apply to:
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    \10\ For greater certainty, Article 10.7 is subject to Annex 10-B.
---------------------------------------------------------------------------
          (a) any existing non-conforming measure that is 
        maintained by a Party at:
                  (i) the central level of government, as set 
                out by that Party in its Schedule to Annex I,
                  (ii) a regional level of government, as set 
                out by that Party in its Schedule to Annex I, 
                or
                  (iii) a local level of government;
          (b) the continuation or prompt renewal of any non-
        conforming measure referred to in subparagraph (a); or
          (c) an amendment to any non-conforming measure 
        referred to in subparagraph (a) to the extent that the 
        amendment does not decrease the conformity of the 
        measure, as it existed immediately before the 
        amendment, with Articles 10.2, 10.3, 10.5, and 10.6.
    2. Articles 10.2, 10.3, 10.5, and 10.6 do not apply to any 
measure that a Party adopts or maintains with respect to 
sectors, subsectors, or activities, as set out in its Schedule 
to Annex II.
    3. Neither Party may, under any measure adopted after the 
date of entry into force of this Agreement and covered by its 
Schedule to Annex II, require an investor of the other Party, 
by reason of its nationality, to sell or otherwise dispose of 
an investment existing at the time the measure becomes 
effective.
    4. Articles 10.2 and 10.3 do not apply to any measure that 
is an exception to, or derogation from, the obligations under 
Article 17.1(6) (General Provisions) as specifically provided 
for in that Article.
    5. Articles 10.2, 10.3, and 10.6 do not apply to:
          (a) procurement; or
          (b) subsidies or grants provided by a Party, 
        including government-supported loans, guarantees, and 
        insurance.

                      Article 10.8: Transfers \11\

    1. Each Party shall permit all transfers relating to a 
covered investment to be made freely and without delay into and 
out of its territory. Such transfers include:
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    \11\ For greater certainty, Article 10.8 is subject to Annex 10-C.
---------------------------------------------------------------------------
          (a) contributions to capital;
          (b) profits, dividends, interest, capital gains, 
        royalty payments, management fees, and technical 
        assistance and other fees;
          (c) proceeds from the sale of all or any part of the 
        covered investment or from the partial or complete 
        liquidation of the covered investment;
          (d) payments made under a contract entered into by 
        the investor, or the covered investment, including 
        payments made pursuant to a loan agreement;
          (e) payments made pursuant to Article 10.4(4) and (5) 
        and Article 10.9; and
          (f) payments arising under Section B.
    2. Each Party shall permit returns in kind relating to a 
covered investment to be made as authorized or specified in an 
investment authorization or other written agreement \12\ 
between the Party and a covered investment or an investor of 
the other Party.
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    \12\ Notwithstanding any other provision of this chapter, this 
paragraph takes effect on the date of entry into force of this 
Agreement.
---------------------------------------------------------------------------
    3. Each Party shall permit transfers relating to a covered 
investment to be made in a freely usable currency at the market 
rate of exchange prevailing on the date of transfer.
    4. Neither Party may require its investors to transfer, or 
penalize its investors that fail to transfer, the income, 
earnings, profits, or other amounts derived from, or 
attributable to, investments in the territory of the other 
Party.
    5. Notwithstanding paragraphs 1 through 3, a Party may 
prevent a transfer through the equitable, nondiscriminatory, 
and good faith application of its laws relating to:
          (a) bankruptcy, insolvency, or the protection of the 
        rights of creditors;
          (b) issuing, trading, or dealing in securities, 
        futures, or derivatives;
          (c) criminal or penal offenses;
          (d) financial reporting or record keeping of 
        transfers when necessary to assist law enforcement or 
        financial regulatory authorities; or
          (e) ensuring compliance with orders or judgments in 
        judicial or administrative proceedings.
    6. Notwithstanding paragraph 2, a Party may restrict 
transfers of returns in kind in circumstances where it could 
otherwise restrict such transfers under this Agreement, 
including as set out in paragraph 5.

           Article 10.9: Expropriation and Compensation \13\

    1. Neither Party may expropriate or nationalize a covered 
investment either directly or indirectly through measures 
equivalent to expropriation or nationalization 
(``expropriation''), except:
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    \13\ For greater certainty, Article 10.9 shall be interpreted in 
accordance with Annex 10-A and Annex 10-D.
---------------------------------------------------------------------------
          (a) for a public purpose;
          (b) in a non-discriminatory manner;
          (c) on payment of prompt, adequate, and effective 
        compensation in accordance with paragraphs 2 through 4; 
        and
          (d) in accordance with due process of law and Article 
        10.4(1) through (3).
    2. Compensation shall:
          (a) be paid without delay;
          (b) be equivalent to the fair market value of the 
        expropriated investment immediately before the 
        expropriation took place (``the date of 
        expropriation'');
          (c) not reflect any change in value occurring because 
        the intended expropriation had become known earlier; 
        and
          (d) be fully realizable and freely transferable.
    3. If the fair market value is denominated in a freely 
usable currency, the compensation paid shall be no less than 
the fair market value on the date of expropriation, plus 
interest at a commercially reasonable rate for that currency, 
accrued from the date of expropriation until the date of 
payment.
    4. If the fair market value is denominated in a currency 
that is not freely usable, the compensation paid--converted 
into the currency of payment at the market rate of exchange 
prevailing on the date of payment--shall be no less than:
          (a) the fair market value on the date of 
        expropriation, converted into a freely usable currency 
        at the market rate of exchange prevailing on that date, 
        plus
          (b) interest, at a commercially reasonable rate for 
        that freely usable currency, accrued from the date of 
        expropriation until the date of payment.
    5. This Article does not apply to the issuance of 
compulsory licenses granted in relation to intellectual 
property rights in accordance with the TRIPS Agreement, or to 
the revocation, limitation, or creation of intellectual 
property rights, to the extent that such revocation, 
limitation, or creation is consistent with Chapter Seventeen 
(Intellectual Property Rights).

    Article 10.10: Special Formalities and Information Requirements

    1. Nothing in Article 10.2 shall be construed to prevent a 
Party from adopting or maintaining a measure that prescribes 
special formalities in connection with covered investments, 
such as a requirement that investors be residents of the Party 
or that covered investments be legally constituted under the 
laws or regulations of the Party, provided that such 
formalities do not materially impair the protections afforded 
by a Party to investors of the other Party and covered 
investments pursuant to this Chapter.
    2. Notwithstanding Articles 10.2 and 10.3, a Party may 
require an investor of the other Party, or a covered 
investment, to provide information concerning that investment 
solely for informational or statistical purposes. The Party 
shall protect such information that is confidential from any 
disclosure that would prejudice the competitive position of the 
investor or the covered investment. Nothing in this paragraph 
shall be construed to prevent a Party from otherwise obtaining 
or disclosing information in connection with the equitable and 
good faith application of its domestic law.

                   Article 10.11: Denial of Benefits

    1. A Party may deny the benefits of this Chapter to an 
investor of the other Party that is an enterprise of such other 
Party and to investments of that investor if an investor of a 
non-Party owns or controls the enterprise and the denying 
Party:
          (a) does not maintain diplomatic relations with the 
        non-Party; or
          (b) adopts or maintains measures with respect to the 
        non-Party or an investor of the non-Party that prohibit 
        transactions with the enterprise or that would be 
        violated or circumvented if the benefits of this 
        Chapter were accorded to the enterprise or to its 
        investments.
    2. Subject to Article 22.4 (Consultations), a Party may 
deny the benefits of this Chapter to:
          (a) an investor of the other Party that is an 
        enterprise of such other Party and to investments of 
        that investor if an investor of a non-Party owns or 
        controls the enterprise and the enterprise has no 
        substantial business activities in the territory of the 
        other Party; or
          (b) an investor of the other Party that is an 
        enterprise of such other Party and to investments of 
        that investor if an investor of the denying Party owns 
        or controls the enterprise and the enterprise has no 
        substantial business activities in the territory of the 
        other Party.

               Article 10.12: Investment and Environment

    Nothing in this Chapter shall be construed to prevent a 
Party from adopting, maintaining, or enforcing any measure 
otherwise consistent with this Chapter that it considers 
appropriate to ensure that investment activity in its territory 
is undertaken in a manner sensitive to environmental concerns.

                     Article 10.13: Implementation

    The Parties shall consult annually, or as otherwise agreed, 
to review the implementation of this Chapter and consider any 
investment matter of mutual interest, including consideration 
of the development of procedures that could contribute to 
greater transparency of measures described in Article 
10.7(1)(c).

              Section B--Investor-State Dispute Settlement

              Article 10.14: Consultation and Negotiation

    In the event of an investment dispute, the claimant and the 
respondent should initially seek to resolve the dispute through 
consultation and negotiation, which may include the use of non-
binding, third-party procedures.

        Article 10.15: Submission of a Claim to Arbitration \14\

    1. In the event that a disputing party considers that an 
investment dispute cannot be settled by consultation and 
negotiation:
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    \14\ For greater certainty, Article 10.15 is subject to Annex 10-E.
---------------------------------------------------------------------------
          (a) the claimant, on its own behalf, may submit to 
        arbitration under this Section a claim
                  (i) that the respondent has breached
                          (A) an obligation under Section A or 
                        Annex 10-F,
                          (B) an investment authorization, or
                          (C) an investment agreement; and
                  (ii) that the claimant has incurred loss or 
                damage by reason of, or arising out of, that 
                breach; and
          (b) the claimant, on behalf of an enterprise of the 
        respondent that is a juridical person that the claimant 
        owns or controls directly or indirectly, may submit to 
        arbitration under this Section a claim
                  (i) that the respondent has breached
                          (A) an obligation under Section A or 
                        Annex 10-F,
                          (B) an investment authorization, or
                          (C) an investment agreement; and
                  (ii) that the enterprise has incurred loss or 
                damage by reason of, or arising out of, that 
                breach.
    2. For greater certainty, a claimant may submit to 
arbitration under this Section a claim that the respondent has 
breached an obligation under Section A or Annex 10-F through 
the actions of a designated monopoly or a state enterprise 
exercising delegated government authority as described in 
Article 16.3(3)(a) (Designated Monopolies) and Article 16.4(2) 
(State Enterprises), respectively.
    3. Without prejudice to Article 12.1(2) (Scope and 
Coverage), no claim may be submitted under this Section that 
alleges a violation of any provision of this Agreement other 
than an obligation under Section A or Annex 10-F.
    4. At least 90 days before submitting any claim to 
arbitration under this Section, a claimant shall deliver to the 
respondent a written notice of its intention to submit the 
claim to arbitration (``notice of intent''). The notice shall 
specify:
          (a) the name and address of the claimant and, where a 
        claim is submitted on behalf of an enterprise, the 
        name, address, and place of incorporation of the 
        enterprise;
          (b) for each claim, the provision of this Agreement, 
        investment authorization, or investment agreement 
        alleged to have been breached and any other relevant 
        provisions;
          (c) the legal and factual basis for each claim; and
          (d) the relief sought and the approximate amount of 
        damages claimed.
    5. Provided that six months have elapsed since the events 
giving rise to the claim, a claimant may submit a claim 
referred to in paragraph 1:
          (a) under the ICSID Convention, provided that both 
        the non-disputing Party and the respondent are parties 
        to the ICSID Convention;
          (b) under the ICSID Additional Facility Rules, 
        provided that either the nondisputing Party or the 
        respondent, but not both, is a party to the ICSID 
        Convention;
          (c) under the UNCITRAL Arbitration Rules; or
          (d) if the disputing parties agree, to any other 
        arbitration institution or under any other arbitration 
        rules.
    6. A claim shall be deemed submitted to arbitration under 
this Section when the claimant's notice of or request for 
arbitration (``notice of arbitration''):
          (a) referred to in paragraph 1 of Article 36 of the 
        ICSID Convention is received by the Secretary-General;
          (b) referred to in Article 2 of Schedule C of the 
        ICSID Additional Facility Rules is received by the 
        Secretary-General;
          (c) referred to in Article 3 of the UNCITRAL 
        Arbitration Rules, together with the statement of claim 
        referred to in Article 18 of the UNCITRAL Arbitration 
        Rules, are received by the respondent; or
          (d) referred to under any other arbitral institution 
        or arbitral rules selected under paragraph 5(d) is 
        received by the respondent.
    7. The arbitration rules applicable under paragraph 5, and 
in effect on the date the claim or claims were submitted to 
arbitration under this Section, shall govern the arbitration 
except to the extent modified by this Agreement.
    8. The claimant shall provide with the notice of 
arbitration referred to in paragraph 6:
          (a) the name of the arbitrator that the claimant 
        appoints; or
          (b) the claimant's written consent for the Secretary-
        General to appoint the claimant's arbitrator.

          Article 10.16: Consent of Each Party to Arbitration

    1. Each Party consents to the submission of a claim to 
arbitration under this Section in accordance with this 
Agreement.
    2. The consent under paragraph 1 and the submission of a 
claim to arbitration under this Section shall satisfy the 
requirements of:
          (a) Chapter II of the ICSID Convention (Jurisdiction 
        of the Centre) and the ICSID Additional Facility Rules 
        for written consent of the parties to the dispute;
          (b) Article II of the New York Convention for an 
        ``agreement in writing;'' and
          (c) Article I of the Inter-American Convention for an 
        ``agreement.''

   Article 10.17: Conditions and Limitations on Consent of Each Party

    1. No claim may be submitted to arbitration under this 
Section if more than three years have elapsed from the date on 
which the claimant first acquired, or should have first 
acquired, knowledge of the breach alleged under Article 
10.15(1) and knowledge that the claimant (for claims brought 
under Article 10.15(1)(a)) or the enterprise (for claims 
brought under Article 10.15(1)(b)) has incurred loss or damage.
    2. No claim may be submitted to arbitration under this 
Section unless:
          (a) the claimant consents in writing to arbitration 
        in accordance with the procedures set out in this 
        Agreement; and
          (b) the notice of arbitration referred to in Article 
        10.15(6) is accompanied,
                  (i) for claims submitted to arbitration under 
                Article 10.15(1)(a), by the claimant's written 
                waiver, and
                  (ii) for claims submitted to arbitration 
                under Article 10.15(1)(b), by the claimant's 
                and the enterprise's written waivers of any 
                right to initiate or continue before any 
                administrative tribunal or court under the law 
                of either Party, or other dispute settlement 
                procedures, any proceeding with respect to the 
                events alleged to give rise to the claimed 
                breach.
    3. Notwithstanding paragraph 2(b), the claimant (for claims 
brought under Article 10.15(1)(a)) and the claimant or the 
enterprise (for claims brought under Article 10.15(1)(b)) may 
initiate or continue an action that seeks interim injunctive 
relief and does not involve the payment of monetary damages 
before a judicial or administrative tribunal of the respondent, 
provided that the action is brought for the sole purpose of 
preserving the claimant's or the enterprise's rights and 
interests during the pendency of the arbitration.

                Article 10.18: Selection of Arbitrators

    1. Unless the disputing parties otherwise agree, the 
tribunal shall comprise three arbitrators, one arbitrator 
appointed by each of the disputing parties and the third, who 
shall be the presiding arbitrator, appointed by agreement of 
the disputing parties.
    2. The Secretary-General shall serve as appointing 
authority for an arbitration under this Section.
    3. If a tribunal has not been constituted within 75 days 
from the date that a claim is submitted to arbitration under 
this Section, the Secretary-General, on the request of a 
disputing party, shall appoint, in his or her discretion, the 
arbitrator or arbitrators not yet appointed.
    4. For purposes of Article 39 of the ICSID Convention and 
Article 7 of Schedule C to the ICSID Additional Facility Rules, 
and without prejudice to an objection to an arbitrator on a 
ground other than nationality:
          (a) the respondent agrees to the appointment of each 
        individual member of a tribunal established under the 
        ICSID Convention or the ICSID Additional Facility 
        Rules;
          (b) a claimant referred to in Article 10.15(1)(a) may 
        submit a claim to arbitration under this Section, or 
        continue a claim, under the ICSID Convention or the 
        ICSID Additional Facility Rules, only on condition that 
        the claimant agrees in writing to the appointment of 
        each individual member of the tribunal; and
          (c) a claimant referred to in Article 10.15(1)(b) may 
        submit a claim to arbitration under this Section, or 
        continue a claim, under the ICSID Convention or the 
        ICSID Additional Facility Rules, only on condition that 
        the claimant and the enterprise agree in writing to the 
        appointment of each individual member of the tribunal.

               Article 10.19: Conduct of the Arbitration

    1. The disputing parties may agree on the legal place of 
any arbitration under the arbitral rules applicable under 
Article 10.15(5)(b), (c), or (d). If the disputing parties fail 
to reach agreement, the tribunal shall determine the place in 
accordance with the applicable arbitral rules, provided that 
the place shall be in the territory of a State that is a party 
to the New York Convention.
    2. The non-disputing Party may make oral and written 
submissions to the tribunal regarding the interpretation of 
this Agreement.
    3. The tribunal shall have the authority to accept and 
consider amicus curiae submissions from a person or entity that 
is not a disputing party (the ``submitter''). The submissions 
shall be provided in both Spanish and English, and shall 
identify the submitter and any Party, other government, person, 
or organization, other than the submitter, that has provided, 
or will provide, any financial or other assistance in preparing 
the submission.
    4. Without prejudice to a tribunal's authority to address 
other objections as a preliminary question, such as an 
objection that a dispute is not within a tribunal's competence, 
a tribunal shall address and decide as a preliminary question 
any objection by the respondent that, as a matter of law, a 
claim submitted is not a claim for which an award in favor of 
the claimant may be made under Article 10.25.
          (a) Such objection shall be submitted to the tribunal 
        as soon as possible after the tribunal is constituted, 
        and in no event later than the date the tribunal fixes 
        for the respondent to submit its counter-memorial (or, 
        in the case of an amendment to the notice of 
        arbitration referred to in Article 10.15(6), the date 
        the tribunal fixes for the respondent to submit its 
        response to the amendment).
          (b) On receipt of an objection under this paragraph, 
        the tribunal shall suspend any proceedings on the 
        merits, establish a schedule for considering the 
        objection consistent with any schedule it has 
        established for considering any other preliminary 
        question, and issue a decision or award on the 
        objection, stating the grounds therefor.
          (c) In deciding an objection under this paragraph, 
        the tribunal shall assume to be true claimant's factual 
        allegations in support of any claim in the notice of 
        arbitration (or any amendment thereof) and, in disputes 
        brought under the UNCITRAL Arbitration Rules, the 
        statement of claim referred to in Article 18 of the 
        UNCITRAL Arbitration Rules. The tribunal may also 
        consider any relevant facts not in dispute.
          (d) The respondent does not waive any objection as to 
        competence or any argument on the merits merely because 
        the respondent did or did not raise an objection under 
        this paragraph or make use of the expedited procedure 
        set out in the following paragraph.
    5. In the event that the respondent so requests within 45 
days after the tribunal is constituted, the tribunal shall 
decide on an expedited basis an objection under paragraph 4 or 
any objection that the dispute is not within the tribunal's 
competence. The tribunal shall suspend any proceedings on the 
merits and issue a decision or award on the objection(s), 
stating the grounds therefor, no later than 150 days after the 
date of the request. However, if a disputing party requests a 
hearing, the tribunal may take an additional 30 days to issue 
the decision or award. Regardless of whether a hearing is 
requested, a tribunal may, on a showing of extraordinary cause, 
delay issuing its decision or award by an additional brief 
period of time, which may not exceed 30 days.
    6. When it decides a respondent's objection under paragraph 
4 or 5, the tribunal may, if warranted, award to the prevailing 
disputing party reasonable costs and attorneys' fees incurred 
in submitting or opposing the objection. In determining whether 
such an award is warranted, the tribunal shall consider whether 
either the claimant's claim or the respondent's objection was 
frivolous, and shall provide the disputing parties a reasonable 
opportunity to comment.
    7. A respondent may not assert as a defense, counterclaim, 
right of set-off, or for any other reason that the claimant has 
received or will receive indemnification or other compensation 
for all or part of the alleged damages pursuant to an insurance 
or guarantee contract.
    8. A tribunal may order an interim measure of protection to 
preserve the rights of a disputing party, or to ensure that the 
tribunal's jurisdiction is made fully effective, including an 
order to preserve evidence in the possession or control of a 
disputing party or to protect the tribunal's jurisdiction. A 
tribunal may not order attachment or enjoin the application of 
a measure alleged to constitute a breach referred to in Article 
10.15. For purposes of this paragraph, an order includes a 
recommendation.
    9. (a) At the request of a disputing party, a tribunal 
shall, before issuing an award on liability, transmit its 
proposed award to the disputing parties and to the non-
disputing Party. Within 60 days after the tribunal transmits 
its proposed award, only the disputing parties may submit 
written comments to the tribunal concerning any aspect of its 
proposed award. The tribunal shall consider any such comments 
and issue its award not later than 45 days after the expiration 
of the 60-day comment period.
    (b) Subparagraph (a) shall not apply in any arbitration for 
which an appeal has been made available pursuant to paragraph 
10.
    10. If a separate multilateral agreement enters into force 
as between the Parties that establishes an appellate body for 
purposes of reviewing awards rendered by tribunals constituted 
pursuant to international trade or investment agreements to 
hear investment disputes, the Parties shall strive to reach an 
agreement that would have such appellate body review awards 
rendered under Article 10.25 in arbitrations commenced after 
the appellate body's establishment.

          Article 10.20: Transparency of Arbitral Proceedings

    1. Subject to paragraphs 2 and 4, the respondent shall, 
after receiving the following documents, promptly transmit them 
to the non-disputing Party and make them available to the 
public:
          (a) the notice of intent referred to in Article 
        10.15(4);
          (b) the notice of arbitration referred to in Article 
        10.15(6);
          (c) pleadings, memorials, and briefs submitted to the 
        tribunal by a disputing party and any written 
        submissions submitted pursuant to Article 10.19(2) and 
        (3) and Article 10.24;
          (d) minutes or transcripts of hearings of the 
        tribunal, where available; and
          (e) orders, awards, and decisions of the tribunal.
    2. The tribunal shall conduct hearings open to the public 
and shall determine, in consultation with the disputing 
parties, the appropriate logistical arrangements. However, any 
disputing party that intends to use information designated as 
confidential business information or information that is 
privileged or otherwise protected from disclosure under a 
Party's law in a hearing shall so advise the tribunal. The 
tribunal shall make appropriate arrangements to protect the 
information from disclosure.
    3. Nothing in this Section requires a respondent to 
disclose confidential business information or information that 
is privileged or otherwise protected from disclosure under a 
Party's law or to furnish or allow access to information that 
it may withhold in accordance with Article 23.2 (Essential 
Security) or Article 23.5 (Disclosure of Information).
    4. Confidential business information or information that is 
privileged or otherwise protected from disclosure under a 
Party's law shall, if such information is submitted to the 
tribunal, be protected from disclosure in accordance with the 
following procedures:
          (a) Subject to subparagraph (d), neither the 
        disputing parties nor the tribunal shall disclose to 
        the non-disputing Party or to the public any 
        confidential business information or information that 
        is privileged or otherwise protected from disclosure 
        under a Party's law where the disputing party that 
        provided the information clearly designates it in 
        accordance with subparagraph (b);
          (b) Any disputing party claiming that certain 
        information constitutes confidential business 
        information or information that is privileged or 
        otherwise protected from disclosure under a Party's law 
        shall clearly designate the information at the time it 
        is submitted to the tribunal;
          (c) A disputing party shall, at the same time that it 
        submits a document containing information claimed to be 
        confidential business information or information that 
        is privileged or otherwise protected from disclosure 
        under a Party's law, submit a redacted version of the 
        document that does not contain the information. Only 
        the redacted version shall be provided to the 
        nondisputing Party and made public in accordance with 
        paragraph 1; and
          (d) The tribunal shall decide any objection regarding 
        the designation of information claimed to be 
        confidential business information or information that 
        is privileged or otherwise protected from disclosure 
        under a Party's law. If the tribunal determines that 
        such information was not properly designated, the 
        disputing party that submitted the information may:
                  (i) withdraw all or part of its submission 
                containing such information; or
                  (ii) agree to resubmit complete and redacted 
                documents with corrected designations in 
                accordance with the tribunal's determination 
                and subparagraph (c).
        In either case, the other disputing party shall, 
        whenever necessary, resubmit complete and redacted 
        documents which either remove the information withdrawn 
        under subparagraph (d)(i) by the disputing party that 
        first submitted the information or redesignate the 
        information consistent with the designation under 
        subparagraph (d)(ii) of the disputing party that first 
        submitted the information.
    5. Nothing in this Section authorizes a respondent to 
withhold from the public information required to be disclosed 
by its laws.

                      Article 10.21: Governing Law

    1. Subject to paragraph 3, when a claim is submitted under 
Article 10.15(1)(a)(i)(A) or Article 10.15(1)(b)(i)(A), the 
tribunal shall decide the issues in dispute in accordance with 
this Agreement and applicable rules of international law.
    2. Subject to paragraph 3, when a claim is submitted under 
Article 10.15(1)(a)(i)(B) or (C), or Article 10.15(1)(b)(i)(B) 
or (C), the tribunal shall decide the issues in dispute in 
accordance with the rules of law specified in the pertinent 
investment agreement or investment authorization, or as the 
disputing parties may otherwise agree. If the rules of law have 
not been specified or otherwise agreed, the tribunal shall 
apply the law of the respondent (including its rules on the 
conflict of laws), the terms of the investment agreement or 
investment authorization, such rules of international law as 
may be applicable, and this Agreement.
    3. A decision of the Commission declaring its 
interpretation of a provision of this Agreement under Article 
21.1 (Free Trade Commission) shall be binding on a tribunal 
established under this Section, and any award must be 
consistent with that decision.

                Article 10.22: Interpretation of Annexes

    1. Where a respondent asserts as a defense that the measure 
alleged to be a breach is within the scope of a non-conforming 
measure set out in Annex I or Annex II, the tribunal shall, on 
request of the respondent, request the interpretation of the 
Commission on the issue. The Commission shall submit in writing 
any decision declaring its interpretation under Article 21.1 
(Free Trade Commission) to the tribunal within 60 days of 
delivery of the request.
    2. A decision issued by the Commission under paragraph 1 
shall be binding on the tribunal, and any award must be 
consistent with that decision. If the Commission fails to issue 
such a decision within 60 days, the tribunal shall decide the 
issue.

                     Article 10.23: Expert Reports

    Without prejudice to the appointment of other kinds of 
experts where authorized by the applicable arbitration rules, a 
tribunal, at the request of a disputing party or, unless the 
disputing parties disapprove, on its own initiative, may 
appoint one or more experts to report to it in writing on any 
factual issue concerning environmental, health, safety, or 
other scientific matters raised by a disputing party in a 
proceeding, subject to such terms and conditions as the 
disputing parties may agree.

                      Article 10.24: Consolidation

    1. Where two or more claims have been submitted separately 
to arbitration under Article 10.15(1) and the claims have a 
question of law or fact in common and arise out of the same 
events or circumstances, any disputing party may seek a 
consolidation order in accordance with the agreement of all the 
disputing parties sought to be covered by the order or the 
terms of paragraphs 2 through 10.
    2. A disputing party that seeks a consolidation order under 
this Article shall deliver, in writing, a request to the 
Secretary-General and to all the disputing parties sought to be 
covered by the order and shall specify in the request:
          (a) the names and addresses of all the disputing 
        parties sought to be covered by the order;
          (b) the nature of the order sought; and
          (c) the grounds on which the order is sought.
    3. Unless the Secretary-General finds within 30 days after 
receiving a request under paragraph 2 that the request is 
manifestly unfounded, a tribunal shall be established under 
this Article.
    4. Unless all the disputing parties sought to be covered by 
the order otherwise agree, a tribunal established under this 
Article shall comprise three arbitrators:
          (a) one arbitrator appointed by agreement of the 
        claimants;
          (b) one arbitrator appointed by the respondent; and
          (c) the presiding arbitrator appointed by the 
        Secretary-General, provided, however, that the 
        presiding arbitrator shall not be a national of either 
        Party.
    5. If, within 60 days after the Secretary-General receives 
a request made under paragraph 2, the respondent fails or the 
claimants fail to appoint an arbitrator in accordance with 
paragraph 4, the Secretary-General, on the request of any 
disputing party sought to be covered by the order, shall 
appoint the arbitrator or arbitrators not yet appointed. If the 
respondent fails to appoint an arbitrator, the Secretary-
General shall appoint a national of the respondent, and if the 
claimants fail to appoint an arbitrator, the Secretary-General 
shall appoint a national of the non-disputing Party.
    6. Where a tribunal established under this Article is 
satisfied that two or more claims that have been submitted to 
arbitration under Article 10.15(1) have a question of law or 
fact in common, and arise out of the same events or 
circumstances, the tribunal may, in the interest of fair and 
efficient resolution of the claims, and after hearing the 
disputing parties, by order:
          (a) assume jurisdiction over, and hear and determine 
        together, all or part of the claims;
          (b) assume jurisdiction over, and hear and determine 
        one or more of the claims, the determination of which 
        it believes would assist in the resolution of the 
        others; or
          (c) instruct a tribunal previously established under 
        Article 10.18 to assume jurisdiction over, and hear and 
        determine together, all or part of the claims, provided 
        that
                  (i) that tribunal, at the request of any 
                claimant not previously a disputing party 
                before that tribunal, shall be reconstituted 
                with its original members, except that the 
                arbitrator for the claimants shall be appointed 
                pursuant to paragraphs 4(a) and 5; and
                  (ii) that tribunal shall decide whether any 
                prior hearing shall be repeated.
    7. Where a tribunal has been established under this 
Article, a claimant that has submitted a claim to arbitration 
under Article 10.15(1) and that has not been named in a request 
made under paragraph 2 may make a written request to the 
tribunal that it be included in any order made under paragraph 
6, and shall specify in the request:
          (a) the name and address of the claimant;
          (b) the nature of the order sought; and
          (c) the grounds on which the order is sought.
The claimant shall deliver a copy of its request to the 
Secretary-General.
    8. A tribunal established under this Article shall conduct 
its proceedings in accordance with the UNCITRAL Arbitration 
Rules, except as modified by this Section.
    9. A tribunal established under Article 10.18 shall not 
have jurisdiction to decide a claim, or a part of a claim, over 
which a tribunal established or instructed under this Article 
has assumed jurisdiction.
    10. On application of a disputing party, a tribunal 
established under this Article, pending its decision under 
paragraph 6, may order that the proceedings of a tribunal 
established under Article 10.18 be stayed, unless the latter 
tribunal has already adjourned its proceedings.

                         Article 10.25: Awards

    1. Where a tribunal makes a final award against a 
respondent, the tribunal may award, separately or in 
combination, only:
          (a) monetary damages and any applicable interest;
          (b) restitution of property, in which case the award 
        shall provide that the respondent may pay monetary 
        damages and any applicable interest in lieu of 
        restitution.
A tribunal may also award costs and attorneys' fees in 
accordance with this Section and the applicable arbitration 
rules.
    2. Subject to paragraph 1, where a claim is submitted to 
arbitration under Article 10.15(1)(b):
          (a) an award of restitution of property shall provide 
        that restitution be made to the enterprise;
          (b) an award of monetary damages and any applicable 
        interest shall provide that the sum be paid to the 
        enterprise; and
          (c) the award shall provide that it is made without 
        prejudice to any right that any person may have in the 
        relief under applicable domestic law.
    3. A tribunal may not award punitive damages.
    4. An award made by a tribunal shall have no binding force 
except between the disputing parties and in respect of the 
particular case.
    5. Subject to paragraph 6 and the applicable review 
procedure for an interim award, a disputing party shall abide 
by and comply with an award without delay.
    6. A disputing party may not seek enforcement of a final 
award until:
          (a) in the case of a final award made under the ICSID 
        Convention
                  (i) 120 days have elapsed from the date the 
                award was rendered and no disputing party has 
                requested revision or annulment of the award; 
                or
                  (ii) revision or annulment proceedings have 
                been completed; and
          (b) in the case of a final award under the ICSID 
        Additional Facility Rules, the UNCITRAL Arbitration 
        Rules, or the rules selected pursuant to Article 
        10.15(5)(d)
                  (i) 90 days have elapsed from the date the 
                award was rendered and no disputing party has 
                commenced a proceeding to revise, set aside, or 
                annul the award, or
                  (ii) a court has dismissed or allowed an 
                application to revise, set aside, or annul the 
                award and there is no further appeal.
    7. Each Party shall provide for the enforcement of an award 
in its territory.
    8. If the respondent fails to abide by or comply with a 
final award, on delivery of a request by the non-disputing 
Party, a panel shall be established under Article 22.6 (Request 
for an Arbitral Panel). The requesting Party may seek in such 
proceedings:
          (a) a determination that the failure to abide by or 
        comply with the final award is inconsistent with the 
        obligations of this Agreement; and
          (b) if the Parties agree, a recommendation that the 
        respondent abide by or comply with the final award.
    9. A disputing party may seek enforcement of an arbitration 
award under the ICSID Convention, the New York Convention, or 
the Inter-American Convention regardless of whether proceedings 
have been taken under paragraph 8.
    10. A claim that is submitted to arbitration under this 
Section shall be considered to arise out of a commercial 
relationship or transaction for purposes of Article I of the 
New York Convention and Article I of the Inter-American 
Convention.

                  Article 10.26: Service of Documents

    Delivery of notice and other documents on a Party shall be 
made to the place named for that Party in Annex 10-G.

                         Section C--Definitions

                       Article 10.27: Definitions

    For purposes of this Chapter:

Centre means the International Centre for Settlement of 
Investment Disputes (ICSID) established by the ICSID 
Convention; claimant means an investor of a Party that is a 
party to an investment dispute with the other Party;

disputing parties means the claimant and the respondent;

disputing party means either the claimant or the respondent;

enterprise means an ``enterprise'' as defined in Article 2.1 
(Definitions of General Application), and a branch of an 
enterprise;

enterprise of a Party means an enterprise constituted or 
organized under the law of a Party, and a branch located in the 
territory of a Party and carrying out business activities 
there;

freely usable currency means ``freely usable currency'' as 
determined by the International Monetary Fund under its 
Articles of Agreement;

ICSID Additional Facility Rules means the Rules Governing the 
Additional Facility for the Administration of Proceedings by 
the Secretariat of the International Centre for Settlement of 
Investment Disputes;

ICSID Convention means the Convention on the Settlement of 
Investment Disputes between States and Nationals of other 
States, done at Washington, March 18, 1965;

Inter-American Convention means the Inter-American Convention 
on International Commercial Arbitration, done at Panama, 
January 30, 1975;

investment means every asset that an investor owns or controls, 
directly or indirectly, that has the characteristics of an 
investment, including such characteristics as the commitment of 
capital or other resources, the expectation of gain or profit, 
or the assumption of risk. Forms that an investment may take 
include:
          (a) an enterprise;
          (b) shares, stock, and other forms of equity 
        participation in an enterprise;
          (c) bonds, debentures, loans, and other debt 
        instruments; \15\
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    \15\ Some forms of debt, such as bonds, debentures, and long-term 
notes, are more likely to have the characteristics of an investment, 
while other forms of debt, such as claims to payments that are 
immediately due and result from the sale of goods or services, are less 
likely to have such characteristics.
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          (d) futures, options, and other derivatives;
          (e) rights under contract, including turnkey, 
        construction, management, production, concession, or 
        revenue-sharing contracts;
          (f) intellectual property rights;
          (g) rights conferred pursuant to domestic law, such 
        as concessions, licenses, authorizations, and permits; 
        \16\ and
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    \16\ Whether a particular right conferred pursuant to domestic law, 
as referred to in para. (g), has the characteristics of an investment 
depends on such factors as the nature and extent of the rights that the 
holder has under the domestic law of the Party. Among such rights that 
do not have the characteristics of an investment are those that do not 
create any rights protected under domestic law. For greater certainty, 
the foregoing is without prejudice to whether any asset associated with 
such right has the characteristics of an investment.
---------------------------------------------------------------------------
          (h) other tangible or intangible, movable or 
        immovable property, and related property rights, such 
        as leases, mortgages, liens, and pledges;
but investment does not mean an order or judgment entered in a 
judicial or administrative action;

investment agreement means a written agreement \17\ that takes 
effect at least two years after the date of entry into force of 
this Agreement between a national authority \18\ of a Party and 
a covered investment or an investor of the other Party:
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    \17\ For purposes of this definition, ``written agreement'' means 
an agreement in writing, executed and entered into by both parties or 
their representatives, which sets forth an exchange of rights and 
obligations, for value. Neither a unilateral act of an administrative 
or judicial authority, such as a decree, order, or judgment, nor a 
consent decree, shall be considered a written agreement.
    \18\ For purposes of this definition, ``national authority'' means 
(a) for the United States, an authority at the central level of 
government; and (b) for Chile, an authority at the ministerial level of 
government. ``National authority'' does not include state enterprises.
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          (a) that grants rights with respect to natural 
        resources or other assets that a national authority 
        controls; and
          (b) that the covered investment or the investor 
        relies on in establishing or acquiring a covered 
        investment;

investment authorization means an authorization that the 
foreign investment authority of a Party grants to a covered 
investment or an investor of the other Party; \19\
---------------------------------------------------------------------------
    \19\ The Parties recognize that neither Party has a foreign 
investment authority, as of the date this Agreement enters into force.

investor of a non-Party means, with respect to a Party, an 
investor that attempts to make, is making, or has made an 
investment in the territory of that Party, that is not an 
---------------------------------------------------------------------------
investor of either Party;

investor of a Party means a Party or state enterprise thereof, 
or a national or an enterprise of a Party, that attempts to 
make, is making, or has made an investment in the territory of 
the other Party; provided, however, that a natural person who 
is a dual national shall be deemed to be exclusively a national 
of the State of his/her dominant and effective nationality;

monopoly means ``monopoly'' as defined in Article 16.9 
(Definitions);

New York Convention means the United Nations Convention on the 
Recognition and Enforcement of Foreign Arbitral Awards, done at 
New York, June 10, 1958;

non-disputing Party means the Party that is not a party to an 
investment dispute;

respondent means the Party that is a party to an investment 
dispute;

Secretary-General means the Secretary-General of ICSID;

tribunal means an arbitration tribunal established under 
Article 10.18 or 10.24; and

UNCITRAL Arbitration Rules means the arbitration rules of the 
United Nations Commission on International Trade Law.

                             Chapter Eleven

                     Cross-Border Trade in Services

                    Article 11.1: Scope and Coverage

    1. This Chapter applies to measures adopted or maintained 
by a Party affecting cross-border trade in services by service 
suppliers of the other Party. Such measures include measures 
affecting:
          (a) the production, distribution, marketing, sale, 
        and delivery of a service;
          (b) the purchase or use of, or payment for, a 
        service;
          (c) the access to and use of distribution, transport, 
        or telecommunications networks and services in 
        connection with the supply of a service;
          (d) the presence in its territory of a service 
        supplier of the other Party; and
          (e) the provision of a bond or other form of 
        financial security as a condition for the supply of a 
        service.
    2. For purposes of this Chapter, ``measures adopted or 
maintained by a Party'' means measures adopted or maintained 
by:
          (a) central, regional, or local governments and 
        authorities; and
          (b) non-governmental bodies in the exercise of powers 
        delegated by central, regional, or local governments or 
        authorities.
    3. Articles 11.4, 11.7, and 11.8 also apply to measures by 
a Party affecting the supply of a service in its territory by 
an investor of the other Party as defined in Article 10.27 
(Definitions) or a covered investment.\20\
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    \20\ The Parties understand that nothing in this chapter, including 
this paragraph, is subject to investor-state dispute settlement 
pursuant to sec. B of Chapter Ten (Investment).
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    4. This Chapter does not apply to:
          (a) financial services, as defined in Article 12.19 
        (Definitions), except as provided in paragraph 3;
          (b) air services, including domestic and 
        international air transportation services, whether 
        scheduled or non-scheduled, and related services in 
        support of air services, other than:
                  (i) aircraft repair and maintenance services 
                during which an aircraft is withdrawn from 
                service, and
                  (ii) specialty air services;
          (c) procurement; or
          (d) subsidies or grants provided by a Party or a 
        state enterprise, including government-supported loans, 
        guarantees, and insurance.
    5. This Chapter does not impose any obligation on a Party 
with respect to a national of the other Party seeking access to 
its employment market, or employed on a permanent basis in its 
territory, and does not confer any right on that national with 
respect to that access or employment.
    6. This Chapter does not apply to services supplied in the 
exercise of governmental authority. A ``service supplied in the 
exercise of governmental authority'' means any service which is 
supplied neither on a commercial basis, nor in competition with 
one or more service suppliers.

                    Article 11.2: National Treatment

    1. Each Party shall accord to service suppliers \21\ of the 
other Party treatment no less favorable than that it accords, 
in like circumstances, to its own service suppliers.
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    \21\ The Parties understand that ``service suppliers'' has the same 
meaning as ``services and service suppliers'' in Article XVII:1 of 
GATS.
---------------------------------------------------------------------------
    2. The treatment to be accorded by a Party under paragraph 
1 means, with respect to a regional level of government, 
treatment no less favorable than the most favorable treatment 
accorded, in like circumstances, by that regional level of 
government to service suppliers of the Party of which it forms 
a part.

              Article 11.3: Most-Favored-Nation Treatment

    Each Party shall accord to service suppliers \22\ of the 
other Party treatment no less favorable than that it accords, 
in like circumstances, to service suppliers of a non-Party.
---------------------------------------------------------------------------
    \22\ The Parties understand that ``service suppliers'' has the same 
meaning as ``services and service suppliers'' in Article II:1 of GATS.
---------------------------------------------------------------------------

                      Article 11.4: Market Access

    Neither Party may, either on the basis of a regional 
subdivision or on the basis of its entire territory, adopt or 
maintain measures that:
          (a) impose limitations on:
                  (i) the number of service suppliers,\23\ 
                whether in the form of numerical quotas, 
                monopolies, exclusive service suppliers, or the 
                requirement of an economic needs test,
---------------------------------------------------------------------------
    \23\ The Parties understand that ``service suppliers'' has the same 
meaning as ``service and service suppliers'' in Article XVI of GATS.
---------------------------------------------------------------------------
                  (ii) the total value of service transactions 
                or assets in the form of numerical quotas or 
                the requirement of an economic needs test,
                  (iii) the total number of service operations 
                or on the total quantity of services output 
                expressed in terms of designated numerical 
                units in the form of quotas or the requirement 
                of an economic needs test,\24\ or
---------------------------------------------------------------------------
    \24\ This clause does not cover measures of a Party which limit 
inputs for the supply of services.
---------------------------------------------------------------------------
                  (iv) the total number of natural persons that 
                may be employed in a particular service sector 
                or that a service supplier may employ and who 
                are necessary for, and directly related to, the 
                supply of a specific service in the form of a 
                numerical quotas or the requirement of an 
                economic needs test; or
          (b) restrict or require specific types of legal 
        entity or joint venture through which a service 
        supplier may supply a service.

                      Article 11.5: Local Presence

    Neither Party may require a service supplier of the other 
Party to establish or maintain a representative office or any 
form of enterprise, or to be resident, in its territory as a 
condition for the cross-border supply of a service.

                 Article 11.6: Non-conforming Measures

    1. Articles 11.2, 11.3, 11.4, and 11.5 do not apply to:
          (a) any existing non-conforming measure that is 
        maintained by a Party at:
                  (i) the central level of government, as set 
                out by that Party in its Schedule to Annex I,
                  (ii) a regional level of government, as set 
                out by that Party in its Schedule to Annex I, 
                or
                  (iii) a local level of government;
          (b) the continuation or prompt renewal of any non-
        conforming measure referred to in subparagraph (a); or
          (c) an amendment to any non-conforming measure 
        referred to in subparagraph (a) to the extent that the 
        amendment does not decrease the conformity of the 
        measure, as it existed immediately before the 
        amendment, with Articles 11.2, 11.3 , 11.4, or 11.5.
    2. Articles 11.2, 11.3, 11.4, and 11.5 do not apply to any 
measure that a Party adopts or maintains with respect to 
sectors, sub-sectors, or activities, as set out in its Schedule 
to Annex II.
    3. Annex 11.6 sets out specific commitments by the Parties.

     Article 11.7: Transparency in Development and Application of 
                            Regulations \25\
---------------------------------------------------------------------------

    \25\ For greater certainty, ``regulations'' includes regulations 
establishing or applying to licensing authorization or criteria.
---------------------------------------------------------------------------
    Further to Chapter Twenty (Transparency):
          (a) each Party shall maintain or establish 
        appropriate mechanisms for responding to inquiries from 
        interested persons regarding their regulations relating 
        to the subject matter of this Chapter; \26\
---------------------------------------------------------------------------
    \26\ Chile's implementation of its obligation to establish 
appropriate mechanisms for small administrative agencies may need to 
take into account resource and budget constraints.
---------------------------------------------------------------------------
          (b) at the time it adopts final regulations relating 
        to the subject matter of this Chapter, each Party 
        shall, to the extent possible, including upon request, 
        address in writing substantive comments received from 
        interested persons with respect to the proposed 
        regulations; and
          (c) to the extent possible, each Party shall allow a 
        reasonable period of time between publication of final 
        regulations and their effective date.

                   Article 11.8: Domestic Regulation

    1. Where a Party requires authorization for the supply of a 
service, the competent authorities of that Party shall, within 
a reasonable period of time after the submission of an 
application considered complete under domestic laws and 
regulations, inform the applicant of the decision concerning 
the application. At the request of the applicant, the competent 
authorities of the Party shall provide, without undue delay, 
information concerning the status of the application. This 
obligation shall not apply to authorization requirements that 
are within the scope of Article 11.6(2).
    2. With a view to ensuring that measures relating to 
qualification requirements and procedures, technical standards, 
and licensing requirements do not constitute unnecessary 
barriers to trade in services, each Party shall endeavor to 
ensure, as appropriate for individual sectors, that any such 
measures that it adopts or maintains are:
          (a) based on objective and transparent criteria, such 
        as competence and the ability to supply the service;
          (b) not more burdensome than necessary to ensure the 
        quality of the service; and
          (c) in the case of licensing procedures, not in 
        themselves a restriction on the supply of the service.
    3. If the results of the negotiations related to Article 
VI:4 of GATS (or the results of any similar negotiations 
undertaken in other multilateral fora in which both Parties 
participate) enter into effect, this Article shall be amended, 
as appropriate, after consultations between the Parties, to 
bring those results into effect under this Agreement. The 
Parties agree to coordinate on such negotiations as 
appropriate.

                    Article 11.9: Mutual Recognition

    1. For the purposes of the fulfillment, in whole or in 
part, of its standards or criteria for the authorization, 
licensing, or certification of services suppliers, and subject 
to the requirements of paragraph 4, a Party may recognize the 
education or experience obtained, requirements met, or licenses 
or certifications granted in a particular country. Such 
recognition, which may be achieved through harmonization or 
otherwise, may be based upon an agreement or arrangement with 
the country concerned or may be accorded autonomously.
    2. Where a Party recognizes, autonomously or by agreement 
or arrangement, the education or experience obtained, 
requirements met, or licenses or certifications granted in the 
territory of a non-Party, nothing in Article 11.3 shall be 
construed to require the Party to accord such recognition to 
the education or experience obtained, requirements met, or 
licenses or certifications granted in the territory of the 
other Party.
    3. A Party that is a party to an agreement or arrangement 
of the type referred to in paragraph 1, whether existing or 
future, shall afford adequate opportunity for the other Party, 
if the other Party is interested, to negotiate its accession to 
such an agreement or arrangement or to negotiate comparable 
ones with it. Where a Party accords recognition autonomously, 
it shall afford adequate opportunity for the other Party to 
demonstrate that education, experience, licenses, or 
certifications obtained or requirements met in that other 
Party's territory should be recognized.
    4. A Party shall not accord recognition in a manner which 
would constitute a means of discrimination between countries in 
the application of its standards or criteria for the 
authorization, licensing, or certification of services 
suppliers, or a disguised restriction on trade in services.
    5. Annex 11.9 applies to measures adopted or maintained by 
a Party relating to the licensing or certification of 
professional service suppliers as set out in the provisions of 
that Annex.

                     Article 11.10: Implementation

    The Parties shall consult annually, or as otherwise agreed, 
to review the implementation of this Chapter and consider other 
trade in services issues of mutual interest. Among other 
issues, the Parties will consult with a view to determining the 
feasibility of removing any remaining citizenship or permanent 
residency requirement for the licensing or certification of 
each other's services suppliers. Such consultations will also 
include consideration of the development of procedures that 
could contribute to greater transparency of measures described 
in Article 11.6(1)(c).

                   Article 11.11: Denial of Benefits

    1. A Party may deny the benefits of this Chapter to a 
service supplier of the other Party if the service is being 
supplied by an enterprise owned or controlled by nationals of a 
non-Party, and the denying Party:
          (a) does not maintain diplomatic relations with the 
        non-Party; or
          (b) adopts or maintains measures with respect to the 
        non-Party that prohibit transactions with the 
        enterprise or that would be violated or circumvented if 
        the benefits of this Chapter were accorded to the 
        enterprise.
    2. Subject to Article 22.4 (Consultations), a Party may 
deny the benefits of this Chapter to:
          (a) service suppliers of the other Party where the 
        service is being supplied by an enterprise that is 
        owned or controlled by persons of a non-Party and the 
        enterprise has no substantial business activities in 
        the territory of the other Party, or
          (b) service suppliers of the other Party where the 
        service is being supplied by an enterprise that is 
        owned or controlled by persons of the denying Party and 
        the enterprise has no substantial business activities 
        in the territory of the other Party.

                       Article 11.12: Definitions

    For purposes of this Chapter:

cross-border trade in services or cross-border supply of 
services means the supply of a service:
          (a) from the territory of one Party into the 
        territory of the other Party;
          (b) in the territory of one Party by a person of that 
        Party to a person of the other Party; or
          (c) by a national of a Party in the territory of the 
        other Party,
but does not include the supply of a service in the territory 
of a Party by an investor of the other Party as defined in 
Article 10.27 (Investment-Definitions) or a covered investment;

enterprise means an ``enterprise'' as defined in Article 2.1 
(Definitions of General Application), and a branch of an 
enterprise;

enterprise of a Party means an enterprise constituted or 
organized under the law of a Party, and a branch located in the 
territory of a Party and carrying out business activities 
there;

professional services means services, the provision of which 
requires specialized post-secondary education, or equivalent 
training or experience, and for which the right to practice is 
granted or restricted by a Party, but does not include services 
provided by trades-persons or vessel and aircraft crew members;

service supplier of a Party means a person of a Party that 
seeks to supply or supplies a service; and

specialty air services means any non-transportation air 
services, such as aerial fire-fighting, sightseeing, spraying, 
surveying, mapping, photography, parachute jumping, glider 
towing, and helicopter-lift for logging and construction, and 
other airborne agricultural, industrial, and inspection 
services.

                             Chapter Twelve

                           Financial Services

                    Article 12.1: Scope and Coverage

    1. This Chapter applies to measures adopted or maintained 
by a Party relating to:
          (a) financial institutions of the other Party;
          (b) investors of the other Party, and investments of 
        such investors, in financial institutions in the 
        Party's territory; and
          (c) cross-border trade in financial services.
    2. Articles 10.8 through 10.12 and 11.11 are hereby 
incorporated into and made a part of this Chapter. Section B of 
Chapter Ten (Investment) is hereby incorporated into and made a 
part of this Chapter solely for breaches by a Party of Articles 
10.8 through 10.11, as incorporated into this Chapter.\27\ No 
other provision of Chapter Ten (Investment) or Chapter Eleven 
(Cross Border Trade in Services) shall apply to a measure 
described in paragraph 1.
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    \27\ For greater certainty, the provisions of chapter Ten 
(Investment) hereby incorporated include, are subject to, and shall be 
interpreted in conformity with, Annexes 10-A through 10-H of that 
chapter, as applicable.
---------------------------------------------------------------------------
    3. This Chapter does not apply to measures adopted or 
maintained by a Party relating to:
          (a) activities or services forming part of a public 
        retirement plan or statutory system of social security; 
        or
          (b) activities or services conducted for the account 
        or with the guarantee or using the financial resources 
        of the Party, including its public entities,
except that this Chapter shall apply if a Party allows any of 
the activities or services referred to in subparagraphs (a) or 
(b) to be conducted by its financial institutions in 
competition with a public entity or a financial institution.

                    Article 12.2: National Treatment

    1. Each Party shall accord to investors of the other Party 
treatment no less favorable than that it accords to its own 
investors, in like circumstances, with respect to the 
establishment, acquisition, expansion, management, conduct, 
operation, and sale or other disposition of financial 
institutions and investments in financial institutions in its 
territory.
    2. Each Party shall accord to financial institutions of the 
other Party and to investments of investors of the other Party 
in financial institutions treatment no less favorable than that 
it accords to its own financial institutions, and to 
investments of its own investors in financial institutions, in 
like circumstances, with respect to the establishment, 
acquisition, expansion, management, conduct, operation, and 
sale or other disposition of financial institutions and 
investments.
    3. For purposes of the national treatment obligations in 
Article 12.5(1), a Party shall accord to cross-border financial 
service suppliers of the other Party treatment no less 
favorable than that it accords to its own financial service 
suppliers, in like circumstances, with respect to the supply of 
the relevant service.

              Article 12.3: Most-Favored-Nation Treatment

    1. Each Party shall accord to investors of the other Party, 
financial institutions of the other Party, investments of 
investors in financial institutions, and cross-border financial 
service suppliers of the other Party treatment no less 
favorable than that it accords to the investors, financial 
institutions, investments of investors in financial 
institutions and crossborder financial service suppliers of a 
non-Party, in like circumstances.
    2. A Party may recognize prudential measures of a non-Party 
in the application of measures covered by this Chapter. Such 
recognition may be:
          (a) accorded unilaterally;
          (b) achieved through harmonization or other means; or
          (c) based upon an agreement or arrangement with the 
        non-Party.
    3. A Party according recognition of prudential measures 
under paragraph 2 shall provide adequate opportunity to the 
other Party to demonstrate that circumstances exist in which 
there are or will be equivalent regulation, oversight, 
implementation of regulation, and, if appropriate, procedures 
concerning the sharing of information between the Parties.
    4. Where a Party accords recognition of prudential measures 
under paragraph 2(c) and the circumstances set out in paragraph 
3 exist, the Party shall provide adequate opportunity to the 
other Party to negotiate accession to the agreement or 
arrangement, or to negotiate a comparable agreement or 
arrangement.

         Article 12.4: Market Access for Financial Institutions

    Neither Party may, with respect to investors of the other 
Party, either on the basis of a regional subdivision or on the 
basis of its entire territory adopt or maintain measures that:
          (a) impose limitations on:
                  (i) the number of financial institutions 
                whether in the form of numerical quotas, 
                monopolies, exclusive financial service 
                suppliers, or the requirements of an economic 
                needs test,
                  (ii) the total value of financial service 
                transactions or assets in the form of numerical 
                quotas or the requirement of an economic needs 
                test,
                  (iii) the total number of financial service 
                operations or on the total quantity of 
                financial services output expressed in terms of 
                designated numerical units in the form of 
                quotas or the requirement of an economic needs 
                test, or
                  (iv) the total number of natural persons that 
                may be employed in a particular financial 
                service sector or that a financial institution 
                may employ and who are necessary for, and 
                directly related to, the supply of a specific 
                financial service in the form of a numerical 
                quota or the requirement of an economic needs 
                test; or
          (b) restrict or require specific types of legal 
        entity or joint venture through which a financial 
        institution may supply a service.

                    Article 12.5: Cross-Border Trade

    1. Each Party shall permit, under terms and conditions that 
accord national treatment, cross-border financial service 
suppliers of the other Party to supply the financial services 
specified in Annex 12.5.
    2. Each Party shall permit persons located in its 
territory, and its nationals wherever located, to purchase 
financial services from cross-border financial service 
suppliers of the other Party located in the territory of the 
other Party. This obligation does not require a Party to permit 
such suppliers to do business or solicit in its territory. Each 
Party may define ``doing business'' and ``solicitation'' for 
purposes of this Article as long as such definitions are not 
inconsistent with the obligations of paragraph 1.
    3. Without prejudice to other means of prudential 
regulation of cross-border trade in financial services, a Party 
may require the registration of cross-border financial service 
suppliers of the other Party and of financial instruments.

               Article 12.6: New Financial Services \28\
---------------------------------------------------------------------------

    \28\ The Parties understand that nothing in Article 12.6 prevents a 
financial institution of a Party from applying to the other Party to 
consider authorizing the supply of a financial service that is supplied 
within neither Party's territory. Such application shall be subject to 
the domestic law of the Party to which the application is made and, for 
greater certainty, shall not be subject to the obligations of Article 
12.6.
---------------------------------------------------------------------------
    1. Each Party shall permit a financial institution of the 
other Party, on request or notification to the relevant 
regulator, where required, to supply any new financial service 
that the first Party would permit its own financial 
institutions, in like circumstances, to supply under its 
domestic law, provided that the introduction of the financial 
service does not require the Party to adopt a new law or modify 
an existing law.
    2. A Party may determine the institutional and juridical 
form through which the new financial service may be supplied 
and may require authorization for the supply of the service. 
Where a Party would permit the new financial service and 
authorization is required, the decision shall be made within a 
reasonable time and authorization may only be refused for 
prudential reasons.

             Article 12.7: Treatment of Certain Information

    Nothing in this Chapter requires a Party to furnish or 
allow access to:
          (a) information related to the financial affairs and 
        accounts of individual customers of financial 
        institutions or cross-border financial service 
        suppliers; or
          (b) any confidential information, the disclosure of 
        which would impede law enforcement or otherwise be 
        contrary to the public interest or prejudice legitimate 
        commercial interests of particular enterprises.

        Article 12.8: Senior Management and Boards of Directors

    1. Neither Party may require financial institutions of the 
other Party to engage individuals of any particular nationality 
as senior managerial or other essential personnel.
    2. Neither Party may require that more than a minority of 
the board of directors of a financial institution of the other 
Party be composed of nationals of the Party, persons residing 
in the territory of the Party, or a combination thereof.

                 Article 12.9: Non-Conforming Measures

    1. Articles 12.2 through 12.5 and 12.8 and Section A of 
Annex 12.9 do not apply to:
          (a) any existing non-conforming measure that is 
        maintained by a Party at:
                  (i) the central level of government, as set 
                out by that Party in its Schedule to Annex III,
                  (ii) a regional level of government, as set 
                out by that Party in its Schedule to Annex III, 
                or
                  (iii) a local level of government;
          (b) the continuation or prompt renewal of any non-
        conforming measure referred to in subparagraph (a); or
          (c) an amendment to any non-conforming measure 
        referred to in subparagraph (a) to the extent that the 
        amendment does not decrease the conformity of the 
        measure, as it existed immediately before the 
        amendment, with Articles 12.2, 12.3, 12.4, and 12.8 and 
        Section A of Annex 12.9.
    2. Articles 12.2 through 12.5 and 12.8 and Section A of 
Annex 12.9 do not apply to any measure that a Party adopts or 
maintains with respect to sectors, subsectors, or activities, 
as set out in its Schedule to Annex III.
    3. Annex 12.9 sets out certain specific commitments by each 
Party.
    4. Where a Party has set out in its Schedule to Annexes I 
and II a measure that does not conform to Articles 10.2, 10.3, 
11.2, 11.3, or 11.4 pursuant to paragraphs 1 and 2 of Articles 
10.7 and 11.6, that measure shall be deemed to constitute a 
non-conforming measure, pursuant to paragraphs 1 and 2 of this 
Article, with respect to Article 12.2, Article 12.3, or Article 
12.4, or Section A of Annex 12.9, as the case may be, to the 
extent that the measure, sector, sub-sector, or activity set 
out in the Schedule of non-conforming measures is covered by 
this Chapter.

                       Article 12.10: Exceptions

    1. Notwithstanding any other provision of this Chapter or 
of Chapters Ten (Investment), Eleven (Cross-Border Trade in 
Services), Thirteen (Telecommunications), Fifteen (Electronic 
Commerce), and Sixteen (Competition Policy, Designated 
Monopolies, and State Enterprises), including specifically 
Article 13.16 (Telecommunications--Relationship to Other 
Chapters), a Party shall not be prevented from adopting or 
maintaining measures for prudential reasons,\29\ including for 
the protection of investors, depositors, policy holders, or 
persons to whom a fiduciary duty is owed by a financial 
institution or crossborder financial service supplier, or to 
ensure the integrity and stability of the financial system. 
Where such measures do not conform with the provisions of this 
Agreement referred to in this paragraph, they shall not be used 
as a means of avoiding the Party's commitments or obligations 
under such provisions.\30\
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    \29\ It is understood that the term ``prudential reasons'' includes 
the maintenance of the safety, soundness, integrity, or financial 
responsibility of individual financial institutions or cross-border 
financial service suppliers.
    \30\ The Parties understand that a Party may take measures for 
prudential reasons through regulatory or administrative authorities, in 
addition to those who have regulatory responsibilities with respect to 
financial institutions, such as ministries or departments of labor.
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    2. Nothing in this Chapter or Chapters Ten (Investment), 
Eleven (Cross-Border Trade in Services), Thirteen 
(Telecommunications), Fifteen (Electronic Commerce), and 
Sixteen (Competition Policy, Designated Monopolies, and State 
Enterprises), including specifically Article 13.16 
(Telecommunications--Relationship to Other Chapters), applies 
to nondiscriminatory measures of general application taken by 
any public entity in pursuit of monetary and related credit 
policies or exchange rate policies. This paragraph shall not 
affect a Party's obligations under Article 10.5 (Performance 
Requirements) with respect to measures covered by Chapter Ten 
(Investment) or Article 10.8 (Transfers).
    3. Notwithstanding Article 10.8 (Transfers), as 
incorporated into this Chapter, a Party may prevent or limit 
transfers by a financial institution or cross-border financial 
service supplier to, or for the benefit of, an affiliate of or 
person related to such institution or supplier, through the 
equitable, non-discriminatory and good faith application of 
measures relating to maintenance of the safety, soundness, 
integrity, or financial responsibility of financial 
institutions or cross-border financial service suppliers. This 
paragraph does not prejudice any other provision of this 
Agreement that permits a Party to restrict transfers.
    4. For greater certainty, nothing in this Chapter shall be 
construed to prevent the adoption or enforcement by a Party of 
measures necessary to secure compliance with laws or 
regulations that are not inconsistent with this Chapter, 
including those relating to the prevention of deceptive and 
fraudulent practices or to deal with the effects of a default 
on financial services contracts, subject to the requirement 
that such measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable discrimination 
between countries where like conditions prevail, or a disguised 
restriction on investment in financial institutions or cross-
border trade in financial services as covered by this Chapter.

                      Article 12.11: Transparency

    1. The Parties recognize that transparent regulations and 
policies and reasonable, objective, and impartial 
administration governing the activities of financial 
institutions and financial service suppliers are important in 
facilitating both access of financial institutions and 
financial service suppliers to, and their operations in, each 
other's markets.
    2. In lieu of Article 20.2 (Publication), each Party shall, 
to the extent practicable:
          (a) publish in advance any regulations of general 
        application relating to the subject matter of this 
        Chapter that it proposes to adopt; and
          (b) provide interested persons and the other Party a 
        reasonable opportunity to comment on such proposed 
        regulations.
    3. Each Party's regulatory authorities shall make available 
to interested persons their requirements, including any 
documentation required, for completing applications relating to 
the supply of financial services.
    4. On the request of an applicant, the regulatory authority 
shall inform the applicant of the status of its application. If 
such authority requires additional information from the 
applicant, it shall notify the applicant without undue delay.
    5. A regulatory authority shall make an administrative 
decision on a completed application of an investor in a 
financial institution, a financial institution, or a cross-
border financial service supplier of the other Party relating 
to the supply of a financial service within 120 days, and shall 
promptly notify the applicant of the decision. An application 
shall not be considered complete until all relevant hearings 
are held and all necessary information is received. Where it is 
not practicable for a decision to be made within 120 days, the 
regulatory authority shall notify the applicant without undue 
delay and shall endeavor to make the decision within a 
reasonable time thereafter.
    6. Each Party shall maintain or establish appropriate 
mechanisms that will respond to inquiries from interested 
persons regarding measures of general application covered by 
this Chapter.
    7. Each Party shall ensure that the rules of general 
application adopted or maintained by self-regulatory 
organizations of the Party are promptly published or otherwise 
made available in such a manner as to enable interested persons 
to become acquainted with them.
    8. To the extent practicable, each Party should allow 
reasonable time between publication of final regulations and 
their effective date.
    9. At the time it adopts final regulations, a Party should, 
to the extent practicable, address in writing substantive 
comments received from interested persons with respect to the 
proposed regulations.

              Article 12.12: Self-Regulatory Organizations

    Where a Party requires a financial institution or a cross-
border financial service supplier of the other Party to be a 
member of, participate in, or have access to, a self-regulatory 
organization to provide a financial service in or into the 
territory of that Party, the Party shall ensure observance of 
the obligations of Articles 12.2 and 12.3 by such self-
regulatory organization.

              Article 12.13: Payment and Clearing Systems

    Under terms and conditions that accord national treatment, 
each Party shall grant to financial institutions of the other 
Party established in its territory access to payment and 
clearing systems operated by public entities, and to official 
funding and refinancing facilities available in the normal 
course of ordinary business. This paragraph is not intended to 
confer access to the Party's lender of last resort facilities.

      Article 12.14: Expedited Availability of Insurance Services

    The Parties recognize the importance of maintaining and 
developing regulatory procedures to expedite the offering of 
insurance services by licensed suppliers.

              Article 12.15: Financial Services Committee

    1. The Parties hereby establish the Financial Services 
Committee. The principal representative of each Party shall be 
an official of the Party's authority responsible for financial 
services set out in Annex 12.15.
    2. In accordance with Article 21.1(2)(d) (The Free Trade 
Commission), the Committee shall:
          (a) supervise the implementation of this Chapter and 
        its further elaboration;
          (b) consider issues regarding financial services that 
        are referred to it by a Party; and
          (c) participate in the dispute settlement procedures 
        in accordance with Articles 12.17 and 12.18.
    3. The Committee shall meet annually, or as otherwise 
agreed, to assess the functioning of this Agreement as it 
applies to financial services. The Committee shall inform the 
Commission of the results of each meeting.

                      Article 12.16: Consultations

    1. A Party may request in writing consultations with the 
other Party regarding any matter arising under this Agreement 
that affects financial services. The other Party shall give 
sympathetic consideration to the request. The Parties shall 
report the results of their consultations to the Committee.
    2. Officials from the authorities specified in Annex 12.15 
shall participate in the consultations under this Article.
    3. Nothing in this Article shall be construed to require 
regulatory authorities participating in consultations under 
paragraph 1 to disclose information or take any action that 
would interfere with specific regulatory, supervisory, 
administrative, or enforcement matters.
    4. Nothing in this Article shall be construed to require a 
Party to derogate from its relevant law regarding sharing of 
information among financial regulators or the requirements of 
an agreement or arrangement between financial authorities of 
the Parties.

                   Article 12.17: Dispute Settlement

    1. Chapter Twenty-Two (Dispute Settlement) applies as 
modified by this Article to the settlement of disputes arising 
under this Chapter.
    2. For purposes of Article 22.4 (Consultations), 
consultations held under Article 12.16 with respect to a 
measure or matter shall be deemed to constitute consultations 
under Article 22.4(1), unless the Parties otherwise agree. Upon 
initiation of consultations, the Parties shall provide 
information and give confidential treatment under Article 
22.4(4)(b) to the information exchanged. If the matter has not 
been resolved within 45 days after commencing consultations 
under Article 12.16 or 90 days after the delivery of the 
request for consultations under Article 12.16, whichever is 
earlier, the complaining Party may request in writing the 
establishment of an arbitral panel. The Parties shall report 
the results of their consultations to the Commission.
    3. The Parties shall establish by January 1, 2005, and 
maintain a roster of up to 10 individuals who are willing and 
able to serve as financial services panelists, up to four of 
whom shall be non-Party nationals. The roster members shall be 
appointed by mutual agreement of the Parties, and may be 
reappointed. Once established, a roster shall remain in effect 
for a minimum of three years, and shall remain in effect 
thereafter until the Parties constitute a new roster.
    4. Financial services roster members shall:
          (a) have expertise or experience in financial 
        services law or practice, which may include the 
        regulation of financial institutions;
          (b) be chosen strictly on the basis of objectivity, 
        reliability, and sound judgment;
          (c) be independent of, and not affiliated with or 
        take instructions from, either Party; and
          (d) comply with a code of conduct to be established 
        by the Commission.
    5. Where a Party claims that a dispute arises under this 
Chapter, Article 22.9 (Panel Selection) shall apply, except 
that, unless the Parties otherwise agree, the panel shall be 
composed entirely of panelists meeting the qualifications in 
paragraph 4.
    6. In any dispute where a panel finds a measure to be 
inconsistent with the obligations of this Agreement and the 
measure affects:
          (a) only the financial services sector, the 
        complaining Party may suspend benefits only in the 
        financial services sector;
          (b) the financial services sector and any other 
        sector, the complaining Party may suspend benefits in 
        the financial services sector that have an effect 
        equivalent to the effect of the measure in the Party's 
        financial services sector; or
          (c) only a sector other than the financial services 
        sector, the complaining Party may not suspend benefits 
        in the financial services sector.

        Article 12.18: Investment Disputes in Financial Services

    1. Where an investor of one Party submits a claim under 
Article 10.15 (Submission of a Claim to Arbitration) to 
arbitration under Section B of Chapter Ten (Investment) against 
the other Party and the respondent invokes Article 12.10, on 
request of the respondent, the tribunal shall refer the matter 
in writing to the Committee for a decision. The tribunal may 
not proceed pending receipt of a decision or report under this 
Article.
    2. In a referral pursuant to paragraph 1, the Committee 
shall decide the issue of whether and to what extent Article 
12.10 is a valid defense to the claim of the investor. The 
Committee shall transmit a copy of its decision to the tribunal 
and to the Commission. The decision shall be binding on the 
tribunal.
    3. Where the Committee has not decided the issue within 60 
days of the receipt of the referral under paragraph 1, the 
respondent or the Party of the claimant may request the 
establishment of an arbitral panel under Article 22.6 (Request 
for an Arbitral Panel). The panel shall be constituted in 
accordance with Article 12.17. Further to Article 22.13 (Final 
Report), the panel shall transmit its final report to the 
Committee and to the tribunal. The report shall be binding on 
the tribunal.
    4. Where no request for the establishment of a panel 
pursuant to paragraph 3 has been made within 10 days of the 
expiration of the 60-day period referred to in paragraph 3, the 
tribunal may proceed to decide the matter.

                       Article 12.19: Definitions

    For purposes of this Chapter:

cross-border financial service supplier of a Party means a 
person of a Party that is engaged in the business of supplying 
a financial service within the territory of the Party and that 
seeks to supply or supplies a financial service through the 
cross-border supply of such services;

cross-border trade in financial services or cross-border supply 
of financial services means the supply of a financial service:
          (a) from the territory of one Party into the 
        territory of the other Party,
          (b) in the territory of a Party by a person of that 
        Party to a person of the other Party, or
          (c) by a national of a Party in the territory of the 
        other Party,
but does not include the supply of a service in the territory 
of a Party by an investment in that territory;

financial institution means any financial intermediary or other 
enterprise that is authorized to do business and regulated or 
supervised as a financial institution under the law of the 
Party in whose territory it is located;

financial institution of the other Party means a financial 
institution, including a branch, located in the territory of a 
Party that is controlled by persons of the other Party;

financial service means any service of a financial nature. 
Financial services include all insurance and insurance-related 
services, and all banking and other financial services 
(excluding insurance), as well as services incidental or 
auxiliary to a service of a financial nature. Financial 
services include the following activities:

          Insurance and insurance-related services

                  (a) Direct insurance (including co-
                insurance):
                          (i) life
                          (ii) non-life
                  (b) Reinsurance and retrocession;
                  (c) Insurance intermediation, such as 
                brokerage and agency;
                  (d) Service auxiliary to insurance, such as 
                consultancy, actuarial, risk assessment, and 
                claim settlement services.

          Banking and other financial services (excluding 
        insurance)

                  (e) Acceptance of deposits and other 
                repayable funds from the public;
                  (f) Lending of all types, including consumer 
                credit, mortgage credit, factoring and 
                financing of commercial transactions;
                  (g) Financial leasing;
                  (h) All payment and money transmission 
                services, including credit, charge and debit 
                cards, travelers checks, and bankers drafts;
                  (i) Guarantees and commitments;
                  (j) Trading for own account or for account of 
                customers, whether on an exchange, in an over-
                the-counter market, or otherwise, the 
                following:
                          (i) money market instruments 
                        (including checks, bills, certificates 
                        of deposits);
                          (ii) foreign exchange;
                          (iii) derivative products including, 
                        futures and options;
                          (iv) exchange rate and interest rate 
                        instruments, including products such as 
                        swaps, forward rate agreements;
                          (v) transferable securities;
                          (vi) other negotiable instruments and 
                        financial assets, including bullion;
                  (k) Participation in issues of all kinds of 
                securities, including underwriting and 
                placement as agent (whether publicly or 
                privately) and provision of services related to 
                such issues;
                  (l) Money broking;
                  (m) Asset management, such as cash or 
                portfolio management, all forms of collective 
                investment management, pension fund management, 
                custodial, depository, and trust services;
                  (n) Settlement and clearing services for 
                financial assets, including securities, 
                derivative products, and other negotiable 
                instruments;
                  (o) Provision and transfer of financial 
                information, and financial data processing and 
                related software by suppliers of other 
                financial services;
                  (p) Advisory, intermediation, and other 
                auxiliary financial services on all the 
                activities listed in subparagraphs (e) through 
                (o), including credit reference and analysis, 
                investment and portfolio research and advice, 
                advice on acquisitions and on corporate 
                restructuring and strategy;

financial service supplier of a Party means a person of a Party 
that is engaged in the business of supplying a financial 
service within the territory of that Party;

investment means ``investment'' as defined in Article 10.27 
(Definitions), except that, with respect to ``loans'' and 
``debt instruments'' referred to in that Article:
          (a) a loan to or debt instrument issued by a 
        financial institution is an investment only where it is 
        treated as regulatory capital by the Party in whose 
        territory the financial institution is located; and
          (b) a loan granted by or debt instrument owned by a 
        financial institution, other than a loan to or debt 
        instrument of a financial institution referred to in 
        subparagraph (a), is not an investment;
for greater certainty, a loan granted by or debt instrument 
owned by a cross-border financial service supplier, other than 
a loan to or debt instrument issued by a financial institution, 
is an investment if such loan or debt instrument meets the 
criteria for investments set out in Article 10.27 
(Definitions);

investor of a Party means a Party or state enterprise thereof, 
or a person of a Party, that attempts to make, is making, or 
has made an investment in the territory of the other Party; 
provided, however, that a natural person who is a dual national 
shall be deemed to be exclusively a national of the State of 
his/her dominant and effective nationality;

new financial service means a financial service not supplied in 
the Party's territory that is supplied within the territory of 
the other Party, and includes any new form of delivery of a 
financial service or the sale of a financial product that is 
not sold in the Party's territory;

person of a Party means ``person of a Party'' as defined in 
Article 2.1 (General Definitions) and, for greater certainty, 
does not include a branch of an enterprise of a non-Party;

public entity means a central bank or monetary authority of a 
Party, or any financial institution owned or controlled by a 
Party;

self-regulatory organization means any non-governmental body, 
including any securities or futures exchange or market, 
clearing agency, other organization or association, that 
exercises its own or delegated regulatory or supervisory 
authority over financial service suppliers or financial 
institutions; and

tribunal means an arbitration tribunal established under 
Article 10.18 (Selection of Arbitrators).

                            Chapter Thirteen

                           Telecommunications

                    Article 13.1: Scope and Coverage

    1. This Chapter applies to:
          (a) measures adopted or maintained by a Party 
        relating to access to and use of the public 
        telecommunications network and services;
          (b) measures adopted or maintained by a Party 
        relating to obligations of major suppliers of public 
        telecommunications services;
          (c) measures adopted or maintained by a Party 
        relating to the provision of information services; and
          (d) other measures relating to public 
        telecommunication networks or services.
    2. Except to ensure that enterprises operating broadcast 
stations and cable systems have continued access to and use of 
public telecommunications networks and services, this Chapter 
does not apply to any measure adopted or maintained by a Party 
relating to cable or broadcast distribution of radio or 
television programming.
    3. Nothing in this Chapter shall be construed to:
          (a) require a Party or require a Party to compel any 
        enterprise to establish, construct, acquire, lease, 
        operate, or provide telecommunications networks or 
        telecommunications services, where such networks or 
        services are not offered to the public generally;
          (b) require a Party to compel any enterprise 
        exclusively engaged in the cable or broadcast 
        distribution of radio or television programming to make 
        available its cable or broadcast facilities as a public 
        telecommunications network; or
          (c) prevent a Party from prohibiting persons 
        operating private networks from using their networks to 
        provide public telecommunications networks or services 
        to third persons.

 Article 13.2: Access to and Use of Public Telecommunications Networks 
                           and Services \31\

    1. Each Party shall ensure that enterprises of the other 
Party have access to and use of any public telecommunications 
service, including leased circuits, offered in its territory or 
across its borders, on reasonable and non-discriminatory terms 
and conditions, including as set out in paragraphs 2 through 6.
---------------------------------------------------------------------------
    \31\ For greater certainty, access to unbundled network elements, 
including access to leased circuits as an unbundled network element, is 
addressed in Article 13.4(3).
---------------------------------------------------------------------------
    2. Each Party shall ensure that such enterprises are 
permitted to:
          (a) purchase or lease, and attach terminal or other 
        equipment that interfaces with the public 
        telecommunications network;
          (b) provide services to individual or multiple end-
        users over any leased or owned circuit(s);
          (c) connect owned or leased circuits with public 
        telecommunications networks and services in the 
        territory, or across the borders, of that Party or with 
        circuits leased or owned by another person;
          (d) perform switching, signaling, processing, and 
        conversion functions; and
          (e) use operating protocols of their choice.
    3. Each Party shall ensure that enterprises of the other 
Party may use public telecommunications services for the 
movement of information in its territory or across its borders 
and for access to information contained in databases or 
otherwise stored in machine-readable form in the territory of 
either Party.
    4. Further to Article 23.1 (General Exceptions) and 
notwithstanding paragraph 3, a Party may take such measures as 
are necessary to:
          (a) ensure the security and confidentiality of 
        messages; or
          (b) protect the privacy of non-public personal data 
        of subscribers to public telecommunications services,
subject to the requirement that such measures are not applied 
in a manner that would constitute a means of arbitrary or 
unjustifiable discrimination or disguised restriction on trade 
in services.
    5. Each Party shall ensure that no condition is imposed on 
access to and use of public telecommunications networks or 
services, other than that necessary to:
          (a) safeguard the public service responsibilities of 
        providers of public telecommunications networks or 
        services, in particular their ability to make their 
        networks or services available to the public generally; 
        or
          (b) protect the technical integrity of public 
        telecommunications networks or services.
    6. Provided that conditions for access to and use of public 
telecommunications networks or services satisfy the criteria 
set out in paragraph 5, such conditions may include:
          (a) a requirement to use specified technical 
        interfaces, including interface protocols, for 
        interconnection with such networks or services; and
          (b) a licensing, permit, registration, or 
        notification procedure which, if adopted or maintained, 
        is transparent and applications filed thereunder are 
        processed expeditiously.

Article 13.3: Obligations Relating to Interconnection with Suppliers of 
                   Public Telecommunications Services

    1. Each Party shall ensure that suppliers of public 
telecommunications services in its territory provide, directly 
or indirectly, interconnection with the suppliers of public 
telecommunications services of the other Party.
    2. In carrying out paragraph 1, each Party shall ensure, in 
accordance with its domestic law and regulations, that 
suppliers of public telecommunications services in its 
territory take reasonable steps to protect the confidentiality 
of commercially sensitive information of, or relating to, 
suppliers and end-users of public telecommunications services 
and only use such information for the purpose of providing 
those services.

   Article 13.4: Additional Obligations Relating to Conduct of Major 
          Suppliers of Public Telecommunications Services \32\

Treatment by Major Suppliers

    1. Subject to Annex 13.4(1), each Party shall ensure that 
major suppliers in its territory accord suppliers of public 
telecommunications services of the other Party non-
discriminatory treatment regarding:
---------------------------------------------------------------------------
    \32\ For purposes of this Agreement, this Article does not apply to 
suppliers of commercial mobile services. Nothing in this Agreement 
shall be construed to preclude an authority from imposing measures set 
forth in this Article upon suppliers of commercial mobile services.
---------------------------------------------------------------------------
          (a) the availability, provisioning, rates, or quality 
        of like public telecommunications services; and
          (b) the availability of technical interfaces 
        necessary for interconnection.

Competitive Safeguards

    2. (a) Each Party shall maintain appropriate measures for 
the purpose of preventing suppliers who, alone or together, are 
a major supplier in its territory from engaging in or 
continuing anti-competitive practices.
    (b) For purposes of subparagraph (a), examples of anti-
competitive practices include:
          (i) engaging in anti-competitive cross-subsidization;
          (ii) using information obtained from competitors with 
        anti-competitive results; and
          (iii) not making available, on a timely basis, to 
        suppliers of public telecommunications services, 
        technical information about essential facilities and 
        commercially relevant information which are necessary 
        for them to provide public telecommunications services.

Unbundling of Network Elements

    3. (a) Each Party shall provide its competent body the 
authority to require that major suppliers in its territory 
provide suppliers of public telecommunications services of the 
other Party access to network elements on an unbundled basis 
for the supply of those services on terms and conditions and at 
cost-oriented rates that are reasonable and non-discriminatory.
    (b) Which network elements will be required to be made 
available in its territory, and which suppliers may obtain such 
elements, will be determined in accordance with national law 
and regulation(s).
    (c) In determining the network elements to be made 
available, each Party's competent body shall consider, at a 
minimum, in accordance with national law and regulation:
          (i) whether access to such network elements as are 
        proprietary in nature is necessary, and whether the 
        failure to provide access to such network elements 
        would impair the ability of suppliers of public 
        telecommunications services of the other Party to 
        provide the services they seek to offer; or
          (ii) other factors as established in national law or 
        regulation,
as that body construes these factors.

Co-Location

    4. (a) Each Party shall ensure that major suppliers in its 
territory provide to suppliers of public telecommunications 
services of the other Party physical co-location of equipment 
necessary for interconnection or access to unbundled network 
elements on terms, conditions, and at cost-oriented rates that 
are reasonable and non-discriminatory.
    (b) Where physical co-location is not practical for 
technical reasons or because of space limitations, each Party 
shall ensure that major suppliers in its territory provide:
          (i) alternative solutions; or
          (ii) facilitate virtual co-location,
on terms, conditions, and at cost-oriented rates that are 
reasonable and non-discriminatory.
    (c) Each Party may determine which premises shall be 
subject to subparagraphs (a) and (b).

Resale

    5. Each Party shall ensure that major suppliers in its 
territory:
          (a) offer for resale, at reasonable rates,\33\ to 
        suppliers of public telecommunications services of the 
        other Party, public telecommunications services that 
        such major supplier provides at retail to end users 
        that are not suppliers of public telecommunications 
        services; and
---------------------------------------------------------------------------
    \33\ The standard of reasonableness in this paragraph is satisfied, 
among others, by wholesale rates or cost-oriented rates set pursuant to 
domestic law and regulations.
---------------------------------------------------------------------------
          (b) subject to Annex 13.4(5)(b), do not impose 
        unreasonable or discriminatory conditions or 
        limitations on the resale of such services.

Number Portability

    6. Each Party shall ensure that major suppliers in its 
territory provide number portability to the extent technically 
feasible, on a timely basis, and on reasonable terms and 
conditions.

Dialing Parity

    7. Each Party shall ensure that major suppliers in its 
territory provide dialing parity to suppliers of public 
telecommunications services of the other Party and afford 
suppliers of public telecommunications services of the other 
Party non-discriminatory access to telephone numbers and 
related services with no unreasonable dialing delays.

Interconnection

    8. (a) General Terms and Conditions
          Each Party shall ensure that major suppliers in its 
        territory provide interconnection for the facilities 
        and equipment of suppliers of public telecommunications 
        services of the other Party:
                  (i) at any technically feasible point in the 
                major supplier's network;
                  (ii) under non-discriminatory terms, 
                conditions (including technical standards and 
                specifications), and rates;
                  (iii) of a quality no less favorable than 
                that provided by such major supplier for its 
                own like services, or for like services of non-
                affiliated service suppliers or for like 
                services of its subsidiaries or other 
                affiliates;
                  (iv) in a timely fashion, on terms, 
                conditions (including technical standards and 
                specifications), and cost-oriented rates that 
                are transparent, reasonable, having regard to 
                economic feasibility, and sufficiently 
                unbundled so that the supplier need not pay for 
                network components or facilities that it does 
                not require for the service to be provided; and
                  (v) on request, at points in addition to the 
                network termination points offered to the 
                majority of users, subject to charges that 
                reflect the cost of construction of necessary 
                additional facilities.
    (b) Options for Interconnecting with Major Suppliers
          Each Party shall ensure that suppliers of public 
        telecommunications services of the other Party may 
        interconnect their facilities and equipment with those 
        of major suppliers in its territory pursuant to at 
        least one of the following options:
                  (i) a reference interconnection offer or 
                other standard interconnection offer containing 
                the rates, terms, and conditions that the major 
                supplier offers generally to suppliers of 
                public telecommunications services; or
                  (ii) the terms and conditions of an existing 
                interconnection agreement or through 
                negotiation of a new interconnection agreement.
    (c) Public Availability of Interconnection Offers
          Each Party shall require each major supplier in its 
        territory to make publicly available a reference 
        interconnection offer or other standard interconnection 
        offer containing the rates, terms, and conditions that 
        the major supplier offers generally to suppliers of 
        public telecommunications services.
    (d) Public Availability of the Procedures for 
Interconnection
          Each Party shall make publicly available the 
        applicable procedures for interconnection negotiations 
        with major suppliers in its territory.
    (e) Public Availability of Interconnection Agreements with 
Major Suppliers
          Each Party shall:
                  (i) require major suppliers in its territory 
                to file all interconnection agreements to which 
                they are party with its telecommunications 
                regulatory body, and
                  (ii) make publicly available interconnection 
                agreements in force between major suppliers in 
                its territory and other suppliers of public 
                telecommunications services in such territory.

Leased Circuits Services \34\
---------------------------------------------------------------------------

    \34\ For greater certainty, access to unbundled network elements, 
including access to leased circuits as an unbundled network element, is 
addressed in Article 13.4(3).
---------------------------------------------------------------------------
    9. (a) Each Party shall ensure that major suppliers in its 
territory provide enterprises of the other Party leased 
circuits services that are public telecommunications services, 
on terms, conditions, and at rates that are reasonable and non-
discriminatory.
    (b) In carrying out subparagraph (a), each Party shall 
provide its telecommunications regulatory body the authority to 
require major suppliers in its territory to offer leased 
circuits that are part of the public telecommunications 
services to enterprises of the other Party at flat-rate prices 
that are cost-oriented.

                 Article 13.5: Submarine Cable Systems

    1. Each Party shall ensure that enterprises in its 
territory that operate submarine cable systems accord non-
discriminatory treatment for access to submarine cable systems.
    2. Whether to apply paragraph 1 may be based on 
classification by a Party of such submarine cable system within 
its territory as a public telecommunications service supplier.

      Article 13.6: Conditions for Supplying Information Services

    1. Neither Party may require an enterprise in its territory 
that it classifies as a supplier of information services (which 
supplies such services over facilities that it does not own) 
to:
          (a) supply those services to the public generally;
          (b) cost-justify its rates for such services;
          (c) file a tariff for such services;
          (d) interconnect its networks with any particular 
        customer for the supply of such services; or
          (e) conform with any particular standard or technical 
        regulation for interconnection for the supply of such 
        services other than for interconnection to a public 
        telecommunications network.
    2. Notwithstanding paragraph 1, a Party may take 
appropriate action, including any of the actions described in 
paragraph 1, to remedy a practice of an information services 
supplier that the Party has found in a particular case to be 
anti-competitive under its law or regulation(s), or to 
otherwise promote competition or safeguard the interests of 
consumers.

     Article 13.7: Independent Telecommunications Regulatory Bodies

    1. Each Party shall ensure that its telecommunications 
regulatory body is separate from, and not accountable to, any 
supplier of public telecommunications services. To this end, 
each Party shall ensure that its telecommunications regulatory 
body does not hold a financial interest or maintain an 
operating role in any such supplier.
    2. Each Party shall ensure that the decisions and 
procedures of its telecommunications regulatory body are 
impartial with respect to all interested persons. To this end, 
each Party shall ensure that any financial interest that it 
holds in a supplier of public telecommunications services does 
not influence the decisions and procedures of its 
telecommunications regulatory body.

                    Article 13.8: Universal Service

    Each Party shall administer any universal service 
obligation that it maintains or adopts in a transparent, non-
discriminatory, and competitively neutral manner and shall 
ensure that its universal service obligation is not more 
burdensome than necessary for the kind of universal service 
that it has defined.

                   Article 13.9: Licensing Procedures

    1. When a Party requires a supplier of public 
telecommunications services to have a license, the Party shall 
make publicly available:
          (a) the licensing criteria and procedures it applies, 
        and the time it normally requires to act on an 
        application, for issuing a license; and
          (b) the terms and conditions of all licenses it has 
        issued.
    2. Each Party shall ensure that, upon request, an applicant 
receives the reasons for the denial of a license.

         Article 13.10: Allocation and Use of Scarce Resources

    1. Each Party shall administer its procedures for 
allocating and using scarce telecommunications resources, 
including frequencies, numbers, and rights of way, in an 
objective, timely, transparent, and non-discriminatory manner.
    2. Each Party shall make publicly available the current 
state of allocated frequency bands but shall not be required to 
provide detailed identification of frequencies allocated for 
specific uses.
    3. Decisions on allocating and assigning spectrum and 
frequency management are not measures that are inconsistent 
with Article 11.4 (Market Access), which is applied to Chapter 
Ten (Investment) through Article 11.1(3) (Scope and Coverage). 
Accordingly, each Party retains the right to exercise its 
spectrum and frequency management policies, which may affect 
the number of suppliers of public telecommunications services, 
provided that this is done in a manner that is consistent with 
the provisions of this Agreement. The Parties also retain the 
right to allocate frequency bands taking into account existing 
and future needs.

                       Article 13.11: Enforcement

    Each Party shall ensure that its competent authority is 
authorized to enforce domestic measures relating to the 
obligations set out in Articles 13.2 through 13.5. Such 
authority shall include the ability to impose effective 
sanctions, which may include financial penalties, injunctive 
relief (on an interim or final basis), or the modification, 
suspension, and revocation of licenses.

  Article 13.12: Procedures for Resolving Domestic Telecommunications 
                                Disputes

    Further to Articles 20.4 (Administrative Proceedings) and 
20.5 (Review and Appeal), each Party shall ensure the 
following:

Recourse to Telecommunications Regulatory Bodies

          (a) (i) Each Party shall ensure that enterprises of 
        the other Party may have recourse to a national 
        telecommunications regulatory body or other relevant 
        body to resolve disputes arising under domestic 
        measures addressing a matter set out in Articles 13.2 
        through 13.5.
          (ii) Each Party shall ensure that suppliers of public 
        telecommunications services of the other Party that 
        have requested interconnection with a major supplier in 
        its territory may have recourse, within a reasonable 
        and publicly available period of time after the 
        supplier requests interconnection, to a national 
        telecommunications regulatory body or other relevant 
        body to resolve disputes regarding the terms, 
        conditions, and rates for interconnection with such 
        major supplier.

Reconsideration

          (b) Each Party shall ensure that an enterprise that 
        is aggrieved or whose interests are adversely affected 
        by a determination or decision of a national 
        telecommunications regulatory body or other relevant 
        body may petition the body to reconsider its 
        determination or decision. Neither Party may permit 
        such a petition to constitute grounds for non-
        compliance with such determination or decision of the 
        telecommunications regulatory body or other relevant 
        body unless an appropriate authority stays such 
        determination or decision.

Judicial Review

          (c) Each Party shall ensure that any enterprise 
        aggrieved by a determination or decision of the 
        national telecommunications regulatory body or other 
        relevant body may obtain judicial review of such 
        determination or decision by an impartial and 
        independent judicial authority.

                      Article 13.13: Transparency

    Further to Article 20.2 (Publication), each Party shall 
make publicly available its measures relating to access to and 
use of public telecommunications services including its 
measures relating to:
          (a) tariffs and other terms and conditions of 
        service;
          (b) specifications for technical interfaces;
          (c) bodies responsible for preparing, amending, and 
        adopting standards-related measures affecting access 
        and use;
          (d) conditions for attaching terminal or other 
        equipment to the public telecommunications network; and
          (e) notification, permit, registration, or licensing 
        requirements, if any.

        Article 13.14: Flexibility in the Choice of Technologies

    Each Party shall endeavor to not prevent suppliers of 
public telecommunications services from having the flexibility 
to choose the technologies that they use to supply their 
services, including commercial mobile wireless services.

                       Article 13.15: Forbearance

    The Parties recognize the importance of relying on market 
forces to achieve wide choices in the supply of 
telecommunications services. To this end, where provided for 
under domestic law, each Party may forbear from applying 
regulation to a telecommunication service that the Party 
classifies as a public telecommunications service if its 
telecommunications regulatory body determines that:
          (a) enforcement of such regulation is not necessary 
        to prevent unreasonable or discriminatory practices;
          (b) enforcement of such regulation is not necessary 
        for the protection of consumers; and
          (c) forbearance is consistent with the public 
        interest, including promoting and enhancing competition 
        among suppliers of public telecommunications services.

             Article 13.16: Relationship to Other Chapters

    In the event of any inconsistency between this Chapter and 
another Chapter, this Chapter shall prevail to the extent of 
the inconsistency.

                       Article 13.17: Definitions

    For purposes of this Chapter:

commercial mobile services means public telecommunications 
services supplied through mobile wireless means;

cost-oriented means based on cost, and may include a reasonable 
profit, and may involve different cost methodologies for 
different facilities or services;

dialing parity means the ability of a subscriber to use of an 
equal number of digits to access a public telecommunications 
service, regardless of the public telecommunications services 
supplier chosen by such end-user;

enterprise means an ``enterprise'' as defined in Article 2.1 
(Definitions of General Application) and includes a branch of 
an enterprise;

end-user means a final consumer of or subscriber to a public 
telecommunications service, including any service supplier 
other than a supplier of public telecommunications services;

essential facilities means facilities of a public 
telecommunications network or service that:
          (a) are exclusively or predominantly provided by a 
        single or limited number of suppliers, and
          (b) cannot feasibly be economically or technically 
        substituted in order to provide a service;

information service means the offering of a capability for 
generating, acquiring, storing, transforming, processing, 
retrieving, utilizing, or making available information via 
telecommunications, and includes electronic publishing, but 
does not include any use of any such capability for the 
management, control, or operation of a telecommunications 
system or the management of a telecommunications service;

interconnection means linking with suppliers providing public 
telecommunications services in order to allow the users of one 
supplier to communicate with users of another supplier and to 
access services provided by another supplier;

leased circuit means telecommunications facilities between two 
or more designated points that are made available solely to, or 
dedicated exclusively for use by, a particular customer or 
other users of the customer's choosing;

major supplier means a supplier of public telecommunications 
services that has the ability to materially affect the terms of 
participation (having regard to price and supply) in the 
relevant market for public telecommunications services as a 
result of:
          (a) control over essential facilities; or
          (b) use of its position in the market;

network element means a facility or equipment used in supplying 
a public telecommunications service, including features, 
functions, and capabilities provided by means of such facility 
or equipment;

non-discriminatory means treatment no less favorable than that 
accorded to any other user of like public telecommunications 
services in like circumstances;

number portability means the ability of end-users of public 
telecommunications services to retain, at the same location, 
existing telephone numbers without impairment of quality, 
reliability, or convenience when switching like suppliers of 
public telecommunications services;

physical co-location means physical access to and control over 
space in order to install, maintain, or repair equipment, at 
premises owned or controlled and used by a major supplier to 
provide public telecommunications services;

private network means a telecommunications network that is used 
exclusively for intraenterprise communications;

public telecommunications network means telecommunications 
infrastructure which a Party requires to provide public 
telecommunications services between defined network termination 
points;

public telecommunications service means any telecommunications 
service which a Party requires, explicitly or in effect, to be 
offered to the public generally. Such services may include, 
inter alia, telephone and data transmission typically involving 
customer-supplied information between two or more points 
without any end-to-end change in the form or content of the 
customer's information, but does not include the offering of 
information services;

reference interconnection offer means an interconnection offer 
that a major supplier extends and that is filed with or 
approved by a telecommunications regulatory body and that is 
sufficiently detailed to enable a supplier of public 
telecommunications services that is willing to accept its 
rates, terms, and conditions to obtain interconnection without 
having to engage in negotiations with the major supplier 
concerned;

telecommunications means the transmission and reception of 
signals by any electromagnetic means, including by photonic 
means;

telecommunications regulatory body means a body responsible for 
the regulation of telecommunications; and

user means an end-user or a supplier of public 
telecommunications services.

                            Chapter Fourteen

                  Temporary Entry for Business Persons

                    Article 14.1: General Principles

    1. Further to Article 1.2 (Objectives), this Chapter 
reflects the preferential trading relationship between the 
Parties, the mutual desire of the Parties to facilitate 
temporary entry of business persons under the provisions of 
Annex 14.3 on a reciprocal basis and of establishing 
transparent criteria and procedures for temporary entry, and 
the need to ensure border security and to protect the domestic 
labor force and permanent employment in their respective 
territories.
    2. This Chapter does not apply to measures regarding 
citizenship, nationality, permanent residence, or employment on 
a permanent basis.

                   Article 14.2: General Obligations

    1. Each Party shall apply its measures relating to the 
provisions of this Chapter in accordance with Article 14.1(1) 
and, in particular, shall apply expeditiously those measures so 
as to avoid unduly impairing or delaying trade in goods or 
services or conduct of investment activities under this 
Agreement.
    2. For greater certainty, nothing in this Chapter shall be 
construed to prevent a Party from applying measures to regulate 
the entry of natural persons into, or their temporary stay in, 
its territory, including those measures necessary to protect 
the integrity of, and to ensure the orderly movement of natural 
persons across, its borders, provided that such measures are 
not applied in such a manner as to unduly impair or delay trade 
in goods or services or conduct of investment activities under 
this Agreement. The sole fact of requiring a visa for natural 
persons shall not be regarded as unduly impairing or delaying 
trade in goods or services or conduct of investment activities 
under this Agreement.

                 Article 14.3: Grant of Temporary Entry

    1. Each Party shall grant temporary entry to business 
persons who are otherwise qualified for entry under applicable 
measures relating to public health and safety and national 
security, in accordance with this Chapter, including the 
provisions of Annex 14.3.
    2. A Party may refuse to issue an immigration document 
authorizing employment to a business person where the temporary 
entry of that person might affect adversely:
          (a) the settlement of any labor dispute that is in 
        progress at the place or intended place of employment; 
        or
          (b) the employment of any person who is involved in 
        such dispute.
    3. When a Party refuses pursuant to paragraph 2 to issue an 
immigration document authorizing employment, it shall:
          (a) inform in writing the business person of the 
        reasons for the refusal; and
          (b) promptly notify the other Party in writing of the 
        reasons for the refusal.
    4. Each Party shall limit any fees for processing 
applications for temporary entry of business persons in a 
manner consistent with Article 14.2(1).

                 Article 14.4: Provision of Information

    1. Further to Article 20.2 (Publication), each Party shall:
          (a) provide to the other Party such materials as will 
        enable it to become acquainted with its measures 
        relating to this Chapter; and
          (b) no later than six months after the date of entry 
        into force of this Agreement, prepare, publish, and 
        make available in its own territory, and in the 
        territory of the other Party, explanatory material, 
        including references to applicable laws and 
        regulations, in a consolidated document regarding the 
        requirements for temporary entry under this Chapter in 
        such a manner as will enable business persons of the 
        other Party to become acquainted with them.
    2. Each Party shall collect and maintain, and make 
available upon request to the other Party in accordance with 
its domestic law, data respecting the granting of temporary 
entry under this Chapter to business persons of the other Party 
who have been issued immigration documentation, with a view 
towards including data specific to each occupation, profession, 
or activity.

               Article 14.5: Committee on Temporary Entry

    1. The Parties hereby establish a Committee on Temporary 
Entry, comprising representatives of each Party, including 
immigration officials.
    2. The Committee shall:
          (a) establish a schedule for its meetings;
          (b) establish procedures to exchange information on 
        measures that affect the temporary entry of business 
        persons under this Chapter;
          (c) consider the development of measures to further 
        facilitate temporary entry of business persons on a 
        reciprocal basis under the provisions of Annex 14.3;
          (d) consider the implementation and administration of 
        this Chapter; and
          (e) consider the development of common criteria and 
        interpretations for the implementation of this Chapter.

                    Article 14.6: Dispute Settlement

    1. A Party may not initiate proceedings under Article 22.5 
(Commission--Good Offices, Conciliation, and Mediation) 
regarding a refusal to grant temporary entry under this Chapter 
or a particular case arising under Article 14.2 unless:
          (a) the matter involves a pattern of practice; and
          (b) the business person has exhausted the available 
        administrative remedies regarding the particular 
        matter.
    2. The remedies referred to in paragraph (1)(b) shall be 
deemed to be exhausted if a final determination in the matter 
has not been issued by the competent authority within one year 
of the institution of an administrative proceeding, and the 
failure to issue a determination is not attributable to delay 
caused by the business person.

                Article 14.7: Relation to Other Chapters

    1. Except for this Chapter, Chapters One (Initial 
Provisions), Two (General Definitions), Twenty-One 
(Administration of the Agreement), Twenty-Two (Dispute 
Settlement), and Twenty-Four (Final Provisions), and Articles 
20.1 (Contact Points), 20.2 (Publication), 20.3 (Notification 
and Provision of Information), and 20.4 (Administrative 
Proceedings), no provision of this Agreement shall impose any 
obligation on a Party regarding its immigration measures.
    2. Nothing in this Chapter shall be construed to impose 
obligations or commitments with respect to other Chapters of 
this Agreement.

     Article 14.8: Transparency in Development and Application of 
                            Regulations \35\

    1. Further to Chapter Twenty (Transparency), each Party 
shall establish or maintain appropriate mechanisms to respond 
to inquiries from interested persons regarding regulations 
relating to the temporary entry of business persons.
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    \35\ For greater certainty, ``regulations'' includes regulations 
establishing or applying to licensing authorization or criteria.
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    2. Further to Article 20.2 (Publication), to the extent 
possible, each Party shall, on request, provide to interested 
persons a concise statement addressing comments received on 
proposed regulations relating to the temporary entry of 
business persons at the time that it adopts the final 
regulations.
    3. Further to Article 20.2 (Publication), to the extent 
possible, each Party shall allow a reasonable period of time 
between the date it publishes final regulations governing entry 
of business persons and the date they take effect.
    4. Each Party shall, within a reasonable period after an 
application requesting temporary entry is considered complete 
under its domestic laws and regulations, inform the applicant 
of the decision concerning the application. At the request of 
the applicant, the Party shall provide, without undue delay, 
information concerning the status of the application.

                       Article 14.9: Definitions

    For purposes of this Chapter:

business person means a national of a Party who is engaged in 
trade in goods, the supply of services, or the conduct of 
investment activities;

immigration measure means any law, regulation, or procedure 
affecting the entry and sojourn of aliens;

national has the same meaning as the term ``natural person who 
has the nationality of a Party'' as defined in Annex 2.1 
(Country-Specific Definitions);

professional means a national of a Party who is engaged in a 
specialty occupation requiring:
          (a) theoretical and practical application of a body 
        of specialized knowledge, and
          (b) attainment of a post-secondary degree in the 
        specialty requiring four or more years of study \36\ 
        (or the equivalent of such a degree) as a minimum for 
        entry into the occupation; and
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    \36\ Chile recognizes the Baccalaureate Degree, Master's Degree, 
and the Doctoral Degree conferred by institutions in the United States 
as such degrees. The United States recognizes the licenciatura degree 
and titulo professional and higher degrees conferred by institutions in 
Chile as such degrees.

temporary entry means entry into the territory of a Party by a 
business person of the other Party without the intent to 
establish permanent residence.

                            Chapter Fifteen

                          Electronic Commerce

                    Article 15.1: General Provisions

    1. The Parties recognize the economic growth and 
opportunity provided by electronic commerce and the importance 
of avoiding unnecessary barriers to its use and development.
    2. Nothing in this Chapter shall be construed to prevent a 
Party from imposing internal taxes, directly or indirectly, on 
digital products, provided they are imposed in a manner 
consistent with this Agreement.
    3. This Chapter is subject to any other relevant 
provisions, exceptions, or nonconforming measures set forth in 
other Chapters or Annexes of this Agreement.

              Article 15.2: Electronic Supply of Services

    The Parties recognize that the supply of a service using 
electronic means falls within the scope of the obligations 
contained in the relevant provisions of Chapter Eleven (Cross-
Border Trade in Services) and Chapter Twelve (Financial 
Services), subject to any nonconforming measures or exceptions 
applicable to such obligations.\37\
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    \37\ For greater certainty, nothing in this chapter imposes 
obligations to allow the electronic supply of a service nor the 
electronic transmission of content associated with those services 
except in accordance with the provisions of Chapter Eleven (Cross-
Border Trade in Services) or Chapter Twelve (Financial Services), 
including their Annexes (Non-Conforming Measures).
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            Article 15.3: Customs Duties on Digital Products

    Neither Party may apply customs duties on digital products 
of the other Party.

         Article 15.4: Non-Discrimination for Digital Products

    1. A Party shall not accord less favorable treatment to a 
digital product than it accords to other like digital products, 
on the basis that:
          (a) the digital product receiving less favorable 
        treatment is created, produced, published, stored, 
        transmitted, contracted for, commissioned, or first 
        made available on commercial terms in the territory of 
        the other Party; or
          (b) the author, performer, producer, developer, or 
        distributor of such digital products is a person of the 
        other Party.\38\
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    \38\ For greater certainty, if one or more of the criteria of para. 
1(a) or (b) is satisfied, the obligation to accord no less favorable 
treatment to that digital product applies even if one or more of the 
activities listed in para. 1(a) occurs outside of the territory of the 
other Party, or one or more persons listed in para. 1(b) are persons of 
the other Party or a non-Party.
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    2. (a) A Party shall not accord less favorable treatment to 
a digital product created, produced, published, stored, 
transmitted, contracted for, commissioned, or first made 
available on commercial terms in the territory of the other 
Party than it accords to a like digital product created, 
produced, published, stored, transmitted, contracted for, 
commissioned, or first made available on commercial terms in 
the territory of a non-Party.
    (b) A Party shall not accord less favorable treatment to 
digital products whose author, performer, producer, developer, 
or distributor is a person of the other Party than it accords 
to like digital products whose author, performer, producer, 
developer, or distributor is a person of a non-Party.
    3. A Party may maintain an existing measure that does not 
conform with paragraph 1 or 2 for one year after the date of 
entry into force of this Agreement. A Party may maintain the 
measure thereafter, if the treatment the Party accords under 
the measure is no less favorable than the treatment the Party 
accorded under the measure on the date of entry into force of 
this Agreement, and the Party has set out the measure in its 
Schedule to Annex 15.4. A Party may amend such a measure only 
to the extent that the amendment does not decrease the 
conformity of the measure, as it existed immediately before the 
amendment, with paragraphs 1 and 2.

                       Article 15.5: Cooperation

    Having in mind the global nature of electronic commerce, 
the Parties recognize the importance of:
          (a) working together to overcome obstacles 
        encountered by small and medium enterprises in the use 
        of electronic commerce;
          (b) sharing information and experiences on 
        regulations, laws, and programs in the sphere of 
        electronic commerce, including those related to data 
        privacy, consumer confidence, cyber-security, 
        electronic signatures, intellectual property rights, 
        and electronic government;
          (c) working to maintain cross-border flows of 
        information as an essential element for a vibrant 
        electronic commerce environment;
          (d) encouraging the development by the private sector 
        of methods of selfregulation, including codes of 
        conduct, model contracts, guidelines, and enforcement 
        mechanisms that foster electronic commerce; and
          (e) actively participating in international fora, at 
        both a hemispheric and multilateral level, with the 
        purpose of promoting the development of electronic 
        commerce.

                       Article 15.6: Definitions

    For purposes of this Chapter:

digital products means computer programs, text, video, images, 
sound recordings, and other products that are digitally encoded 
and transmitted electronically, regardless of whether a Party 
treats such products as a good or a service under its domestic 
law; \39\
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    \39\ For greater certainty, digital products do not include 
digitized representations of financial instruments, including money. 
The definition of digital products is without prejudice to the on-going 
WTO discussions on whether trade in digital products transmitted 
electronically is a good or a service.

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electronic means means employing computer processing; and

electronic transmission or transmitted electronically means the 
transfer of digital products using any electromagnetic or 
photonic means.

                            Chapter Sixteen

    Competition Policy, Designated Monopolies, and State Enterprises

             Article 16.1: Anticompetitive Business Conduct

    1. Each Party shall adopt or maintain competition laws that 
proscribe anticompetitive business conduct, with the objective 
of promoting economic efficiency and consumer welfare, and 
shall take appropriate action with respect to such conduct.
    2. Each Party shall maintain an authority responsible for 
the enforcement of its national competition laws. The 
enforcement policy of each Party's national competition 
authorities is not to discriminate on the basis of the 
nationality of the subjects of their proceedings. Each Party 
shall ensure that:
          (a) before it imposes a sanction or remedy against 
        any person for violating its competition law, it 
        affords the person the right to be heard and to present 
        evidence, except that it may provide for the person to 
        be heard and present evidence within a reasonable time 
        after it imposes an interim sanction or remedy; and
          (b) an independent court or tribunal imposes or, at 
        the person's request, reviews any such sanction or 
        remedy.
    3. Nothing in this Chapter shall be construed to infringe 
each Party's autonomy in developing its competition policies or 
in deciding how to enforce its competition laws.

                       Article 16.2: Cooperation

    The Parties agree to cooperate in the area of competition 
policy. The Parties recognize the importance of cooperation and 
coordination between their respective authorities to further 
effective competition law enforcement in the free trade area. 
Accordingly, the Parties shall cooperate on issues of 
competition law enforcement, including notification, 
consultation, and exchange of information relating to the 
enforcement of the Parties' competition laws and policies.

                  Article 16.3: Designated Monopolies

    1. Nothing in this Chapter shall be construed to prevent a 
Party from designating a monopoly.
    2. Where a Party designates a monopoly and the designation 
may affect the interests of persons of the other Party, the 
Party shall:
          (a) at the time of the designation endeavor to 
        introduce such conditions on the operation of the 
        monopoly as will minimize or eliminate any 
        nullification or impairment of benefits in the sense of 
        Annex 22.2 (Nullification or Impairment); and
          (b) provide written notification, in advance wherever 
        possible, to the other Party of the designation and any 
        such conditions.
    3. Each Party shall ensure that any privately-owned 
monopoly that it designates after the date of entry into force 
of this Agreement and any government monopoly that it 
designates or has designated:
          (a) acts in a manner that is not inconsistent with 
        the Party's obligations under this Agreement wherever 
        such a monopoly exercises any regulatory, 
        administrative, or other governmental authority that 
        the Party has delegated to it in connection with the 
        monopoly good or service, such as the power to grant 
        import or export licenses, approve commercial 
        transactions, or impose quotas, fees, or other charges;
          (b) acts solely in accordance with commercial 
        considerations in its purchase or sale of the monopoly 
        good or service in the relevant market, including with 
        regard to price, quality, availability, marketability, 
        transportation, and other terms and conditions of 
        purchase or sale, except to comply with any terms of 
        its designation that are not inconsistent with 
        subparagraph (c) or (d);
          (c) provides non-discriminatory treatment to covered 
        investments, to goods of the other Party, and to 
        service suppliers of the other Party in its purchase or 
        sale of the monopoly good or service in the relevant 
        market; and
          (d) does not use its monopoly position to engage, 
        either directly or indirectly, including through its 
        dealings with its parent, subsidiaries, or other 
        enterprises with common ownership, in anticompetitive 
        practices in a nonmonopolized market in its territory 
        that adversely affect covered investments.
    4. This Article does not apply to procurement.

                    Article 16.4: State Enterprises

    1. Nothing in this Agreement shall be construed to prevent 
a Party from establishing or maintaining a state enterprise.
    2. Each Party shall ensure that any state enterprise that 
it establishes or maintains acts in a manner that is not 
inconsistent with the Party's obligations under this Agreement 
wherever such enterprise exercises any regulatory, 
administrative, or other governmental authority that the Party 
has delegated to it, such as the power to expropriate, grant 
licenses, approve commercial transactions, or impose quotas, 
fees, or other charges.
    3. Each Party shall ensure that any state enterprise that 
it establishes or maintains accords non-discriminatory 
treatment in the sale of its goods or services to covered 
investments.

                  Article 16.5: Differences in Pricing

    The charging of different prices in different markets, or 
within the same market, where such differences are based on 
normal commercial considerations, such as taking account of 
supply and demand conditions, is not in itself inconsistent 
with Articles 16.3 and 16.4.

          Article 16.6: Transparency and Information Requests

    1. The Parties recognize the value of transparency of 
government competition policies.
    2. On request, each Party shall make available to the other 
Party public information concerning its:
          (a) competition law enforcement activities; and
          (b) state enterprises and designated monopolies, 
        public or private, at any level of government.
Requests under subparagraph (b) shall indicate the entities or 
localities involved, specify the particular products and 
markets concerned, and include indicia of practices that may 
restrict trade or investment between the Parties.
    3. On request, each Party shall make available to the other 
Party public information concerning exemptions provided under 
its competition laws. Requests shall specify the particular 
goods and markets of interest and include indicia that the 
exemption may restrict trade or investment between the Parties.

                      Article 16.7: Consultations

    To foster understanding between the Parties, or to address 
specific matters that arise under this Chapter, each Party 
shall, on request of the other Party, enter into consultations 
regarding representations made by the other Party. In its 
request, the Party shall indicate, if relevant, how the matter 
affects trade or investment between the Parties. The Party 
addressed shall accord full and sympathetic consideration to 
the concerns of the other Party.

                         Article 16.8: Disputes

    Neither Party may have recourse to dispute settlement under 
this Agreement for any matter arising under Article 16.1, 16.2, 
or 16.7.

                       Article 16.9: Definitions

    For purposes of this Chapter:

a delegation includes a legislative grant, and a government 
order, directive, or other act, transferring to the monopoly or 
state enterprise, or authorizing the exercise by the monopoly 
or state enterprise of, governmental authority;

designate means to establish, designate, or authorize, formally 
or in effect, a monopoly or to expand the scope of a monopoly 
to cover an additional good or service;

government monopoly means a monopoly that is owned, or 
controlled through ownership interests, by the national 
government of a Party or by another such monopoly;

in accordance with commercial considerations means consistent 
with normal business practices of privately-held enterprises in 
the relevant business or industry;

market means the geographic and commercial market for a good or 
service;

monopoly means an entity, including a consortium or government 
agency, that in any relevant market in the territory of a Party 
is designated as the sole provider or purchaser of a good or 
service, but does not include an entity that has been granted 
an exclusive intellectual property right solely by reason of 
such grant; and

non-discriminatory treatment means the better of national 
treatment and most-favored-nation treatment, as set out in the 
relevant provisions of this Agreement.

                           Chapter Seventeen

                      Intellectual Property Rights

The Parties,

    Desiring to reduce distortions and impediments to trade 
between the Parties;

    Desiring to enhance the intellectual property systems of 
the two Parties to account for the latest technological 
developments and to ensure that measures and procedures to 
enforce intellectual property rights do not themselves become 
barriers to legitimate trade;

    Desiring to promote greater efficiency and transparency in 
the administration of intellectual property systems of the 
Parties;

    Desiring to build on the foundations established in 
existing international agreements in the field of intellectual 
property, including the World Trade Organization (WTO) 
Agreement on Trade-Related Aspects of Intellectual Property 
Rights (TRIPS Agreement) and affirming the rights and 
obligations set forth in the TRIPS Agreement;

    Recognizing the principles set out in the Declaration on 
the TRIPS Agreement on Public Health, adopted on November 14, 
2001, by the WTO at the Fourth WTO Ministerial Conference, held 
in Doha, Qatar;

    Emphasizing that the protection and enforcement of 
intellectual property rights is a fundamental principle of this 
Chapter that helps promote technological innovation as well as 
the transfer and dissemination of technology to the mutual 
advantage of technology producers and users, and that 
encourages the development of social and economic well-being;

    Convinced of the importance of efforts to encourage private 
and public investment for research, development, and 
innovation;

    Recognizing that the business community of each Party 
should be encouraged to participate in programs and initiatives 
for research, development, innovation, and the transfer of 
technology implemented by the other Party;

    Recognizing the need to achieve a balance between the 
rights of right holders and the legitimate interests of users 
and the community with regard to protected works;

    Agree as follows:

                    Article 17.1: General Provisions

    1. Each Party shall give effect to the provisions of this 
Chapter and may, but shall not be obliged to, implement in its 
domestic law more extensive protection than is required by this 
Chapter, provided that such protection does not contravene the 
provisions of this Chapter.
    2. Before January 1, 2007, each Party shall ratify or 
accede to the Patent Cooperation Treaty (1984).
    3. Before January 1, 2009, each Party shall ratify or 
accede to:
          (a) the International Convention for the Protection 
        of New Varieties of Plants (1991);
          (b) the Trademark Law Treaty (1994); and
          (c) the Convention Relating to the Distribution of 
        Programme-Carrying Signals Transmitted by Satellite 
        (1974).
    4. Each Party shall undertake reasonable efforts to ratify 
or accede to the following agreements in a manner consistent 
with its domestic law:
          (a) the Patent Law Treaty (2000);
          (b) the Hague Agreement Concerning the International 
        Registration of Industrial Designs (1999); and
          (c) the Protocol Relating to the Madrid Agreement 
        Concerning the International Registration of Marks 
        (1989).
    5. Nothing in this Chapter concerning intellectual property 
rights shall derogate from the obligations and rights of one 
Party with respect to the other by virtue of the TRIPS 
Agreement or multilateral intellectual property agreements 
concluded or administered under the auspices of the World 
Intellectual Property Organization (WIPO).
    6. In respect of all categories of intellectual property 
covered in this Chapter, each Party shall accord to persons of 
the other Party treatment no less favorable than it accords to 
its own persons with regard to the protection \40\ and 
enjoyment of such intellectual property rights and any benefits 
derived from such rights. With respect to secondary uses of 
phonograms by means of analog communications and free over-the-
air radio broadcasting, however, a Party may limit the rights 
of the performers and producers of the other Party to the 
rights its persons are accorded within the jurisdiction of the 
other Party.
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    \40\ For purposes of paras. 6 and 7, ``protection'' shall include 
matters affecting the availability, acquisition, scope, maintenance, 
and enforcement of intellectual property rights as well as matters 
affecting the use of intellectual property rights specifically covered 
by this chapter. For purposes of paras. 6 and 7, ``protection'' shall 
also include the prohibition on circumvention of effective 
technological measures pursuant to Article 17.7(5) and the provisions 
concerning rights management information pursuant to Article 17.7(6).
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    7. Each Party may derogate from paragraph 6 in relation to 
its judicial and administrative procedures, including the 
designation of an address for service or the appointment of an 
agent within the jurisdiction of that Party, only where such 
derogations are necessary to secure compliance with laws and 
regulations that are not inconsistent with the provisions of 
this Chapter and where such practices are not applied in a 
manner that would constitute a disguised restriction on trade.
    8. Paragraphs 6 and 7 do not apply to procedures provided 
in multilateral agreements concluded under the auspices of WIPO 
relating to the acquisition or maintenance of intellectual 
property rights.
    9. This Chapter does not give rise to obligations in 
respect of acts that occurred before the date of entry into 
force of this Agreement.
    10. Except as otherwise provided for in this Chapter, this 
Chapter gives rise to obligations in respect of all subject 
matter existing at the date of entry into force of this 
Agreement, and which is protected by a Party on that date, or 
which meets or comes subsequently to meet the criteria for 
protection under the terms of this Chapter. In respect of 
paragraphs 10 and 11, copyright and related rights obligations 
with respect to existing works and phonograms shall be 
determined solely under Article 17.7(7).
    11. Neither Party shall be obligated to restore protection 
to subject matter which on the date of entry into force of this 
Chapter has fallen into the public domain in that Party.
    12. Each Party shall ensure that all laws, regulations, and 
procedures concerning the protection or enforcement of 
intellectual property rights, and all final judicial decisions 
and administrative rulings of general applicability pertaining 
to the enforcement of such rights, shall be in writing and 
shall be published,\41\ or where such publication is not 
practicable, made publicly available, in a national language in 
such a manner as to enable the other Party and right holders to 
become acquainted with them, with the object of making the 
protection and enforcement of intellectual property rights 
transparent. Nothing in this paragraph shall require a Party to 
disclose confidential information the disclosure of which would 
impede law enforcement or otherwise be contrary to the public 
interest or would prejudice the legitimate commercial interests 
of particular enterprises, public or private.
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    \41\ The requirement for publication is satisfied by making the 
written document available to the public via the Internet.
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    13. Nothing in this Chapter prevents a Party from adopting 
measures necessary to prevent anticompetitive practices that 
may result from the abuse of the intellectual property rights 
set forth in this Chapter.
    14. For the purposes of strengthening the development and 
protection of intellectual property, and implementing the 
obligations of this Chapter, the Parties will cooperate, on 
mutually agreed terms and subject to the availability of 
appropriated funds, by means of:
          (a) educational and dissemination projects on the use 
        of intellectual property as a research and innovation 
        tool, as well as on the enforcement of intellectual 
        property;
          (b) appropriate coordination, training, 
        specialization courses, and exchange of information 
        between the intellectual property offices and other 
        institutions of the Parties; and
          (c) enhancing the knowledge, development, and 
        implementation of the electronic systems used for the 
        management of intellectual property.

                        Article 17.2: Trademarks

    1. Each Party shall provide that trademarks shall include 
collective, certification, and sound marks, and may include 
geographical indications \42\ and scent marks. Neither Party is 
obligated to treat certification marks as a separate category 
in its domestic law, provided that the signs as such are 
protected.
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    \42\ A geographical indication is capable of constituting a 
trademark to the extent that the geographical indication consists of 
any sign, or any combination of signs, capable of identifying a good or 
service as originating in the territory of a Party, or a region or 
locality in that territory, where a given quality, reputation, or other 
characteristic of the good or service is essentially attributable to 
its geographical origin.
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    2. Each Party shall afford an opportunity for interested 
parties to oppose the application for a trademark.
    3. Pursuant to Article 20 of the TRIPS Agreement, each 
Party shall ensure that any measures mandating the use of the 
term customary in common language as the common name for a good 
(``common name'') including, inter alia, requirements 
concerning the relative size, placement, or style of use of the 
trademark in relation to the common name, do not impair the use 
or effectiveness of trademarks used in relation to such good.
    4. Each Party shall provide that the owner of a registered 
trademark shall have the exclusive right to prevent third 
parties not having the owner's consent from using in the course 
of trade identical or similar signs, including subsequent 
geographical indications, for goods or services that are 
related to those goods or services in respect of which the 
trademark is registered, where such use would result in a 
likelihood of confusion.\43\
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    \43\ It is understood that likelihood of confusion is to be 
determined under the domestic trademark law of each Party.
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    5. Each Party may provide limited exceptions to the rights 
conferred by a trademark, such as fair use of descriptive 
terms, provided that such exceptions take account of the 
legitimate interests of the owner of the trademark and of third 
parties.
    6. Article 6bis of the Paris Convention for the Protection 
of Industrial Property (1967) (Paris Convention) shall apply, 
mutatis mutandis, to goods or services which are not similar to 
those identified by a well-known trademark, whether registered 
or not, provided that use of that trademark in relation to 
those goods or services would indicate a connection between 
those goods or services and the owner of the trademark and 
provided that the interests of the owner of the trademark are 
likely to be damaged by such use.
    7. Each Party shall, according to its domestic law, provide 
for appropriate measures to prohibit or cancel the registration 
of a trademark identical or similar to a well-known trademark, 
if the use of that trademark by the registration applicant is 
likely to cause confusion, or to cause mistake, or to deceive 
or risk associating the trademark with the owner of the well-
known trademark, or constitutes unfair exploitation of the 
reputation of the trademark. Such measures to prohibit or 
cancel registration shall not apply when the registration 
applicant is the owner of the well-known trademark.
    8. In determining whether a trademark is well-known, a 
Party shall not require that the reputation of the trademark 
extend beyond the sector of the public that normally deals with 
the relevant goods or services.
    9. Each Party recognizes the importance of the Joint 
Recommendation Concerning Provisions on the Protection of Well-
Known Marks (1999), adopted by the Assembly of the Paris Union 
for the Protection of Industrial Property and the General 
Assembly of WIPO and shall be guided by the principles 
contained in this Recommendation.
    10. Each Party shall provide a system for the registration 
of trademarks, which shall include:
          (a) providing to the applicant a communication in 
        writing, which may be electronic, of the reasons for 
        any refusal to register a trademark;
          (b) providing to the applicant an opportunity to 
        respond to communications from the trademark 
        authorities, contest an initial refusal, and appeal 
        judicially any final refusal to register; and
          (c) a requirement that decisions in opposition or 
        cancellation proceedings be reasoned and in writing.
    11. Each Party shall work to provide, to the maximum degree 
practical, a system for the electronic application, processing, 
registration, and maintenance of trademarks.
    12. In relation to trademarks, Parties are encouraged to 
classify goods and services according to the classification of 
the Nice Agreement Concerning the International Classification 
of Goods and Services for the Purposes of the Registration of 
Marks (1979). In addition, each Party shall provide that:
          (a) each registration or publication which concerns a 
        trademark application or registration and which 
        indicates the relevant goods or services shall indicate 
        the goods or services by their names; and
          (b) goods or services may not be considered as being 
        similar to each other simply on the ground that, in any 
        registration or publication, they appear in the same 
        class of any classification system, including the Nice 
        Classification. Conversely, goods or services may not 
        be considered as being dissimilar from each other 
        simply on the ground that, in any registration or 
        publication, they appear in different classes of any 
        classification system, including the Nice 
        Classification.

               Article 17.3: Domain Names on the Internet

    1. Each Party shall require that the management of its 
country-code top level domain (ccTLD) provide an appropriate 
procedure for the settlement of disputes, based on the 
principles established in the Uniform Domain-Name Dispute-
Resolution Policy (UDRP), in order to address the problem of 
trademark cyber-piracy.
    2. Each Party shall, in addition, require that the 
management of its respective ccTLD provide online public access 
to a reliable and accurate database of contact information for 
domain-name registrants, in accordance with each Party's law 
regarding protection of personal data.

              Article 17.4: Geographical Indications \44\

    1. Geographical indications, for the purposes of this 
Article, are indications which identify a good as originating 
in the territory of a Party, or a region or locality in that 
territory, where a given quality, reputation, or other 
characteristic of the good is essentially attributable to its 
geographical origin. Any sign or combination of signs (such as 
words, including geographical and personal names, letters, 
numerals, figurative elements, and colors), in any form 
whatsoever, shall be eligible for protection or recognition as 
a geographical indication.
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    \44\ For the purposes of this Article, persons of a Party shall 
also mean government agencies.
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    2. Chile shall:
          (a) provide the legal means to identify and protect 
        geographical indications of United States persons that 
        meet the criteria in paragraph 1; and
          (b) provide to United States geographical indications 
        of wines and spirits the same recognition as Chile 
        accords to wines and spirits under the Chilean 
        geographical indications registration system.
    3. The United States shall:
          (a) provide the legal means to identify and protect 
        the geographical indications of Chile that meet the 
        criteria in paragraph 1; and
          (b) provide to Chilean geographical indications of 
        wines and spirits the same recognition as the United 
        States accords to wines and spirits under the 
        Certificate of Label Approval (COLA) system as 
        administered by the Alcohol and Tobacco Tax and Trade 
        Bureau, Department of Treasury (TTB), or any successor 
        agencies. Names that Chile desires to be included in 
        the regulation set forth in 27 CFR Part 12 (Foreign 
        Nongeneric), or any successor to that regulation, will 
        be governed by paragraph 4 of this Article.
    4. Each Party shall provide the means for persons of the 
other Party to apply for protection or petition for recognition 
of geographical indications. Each Party shall accept 
applications or petitions, as the case may be, without the 
requirement for intercession by a Party on behalf of its 
persons.
    5. Each Party shall process applications or petitions, as 
the case may be, for geographical indications with a minimum of 
formalities.
    6. Each Party shall make the regulations governing filing 
of such applications or petitions, as the case may be, 
available to the public in both printed and electronic form.
    7. Each Party shall ensure that applications or petitions, 
as the case may be, for geographical indications are published 
for opposition, and shall provide procedures to effect 
opposition of geographical indications that are the subject of 
applications or petitions. Each Party shall also provide 
procedures to cancel any registration resulting from an 
application or a petition.
    8. Each Party shall ensure that measures governing the 
filing of applications or petitions, as the case may be, for 
geographical indications set out clearly the procedures for 
these actions. Such procedures shall include contact 
information sufficient for applicants or petitioners to obtain 
specific procedural guidance regarding the processing of 
applications or petitions.
    9. The Parties acknowledge the principle of exclusivity 
incorporated in the Paris Convention and TRIPS Agreement, with 
respect to rights in trademarks.
    10. After the date of entry into force of this Agreement, 
each Party shall ensure that grounds for refusing protection or 
registration of a geographical indication include the 
following:
          (a) the geographical indication is confusingly 
        similar to a pre-existing pending good faith 
        application for a trademark or a pre-existing trademark 
        registered in that Party; or
          (b) the geographical indication is confusingly 
        similar to a pre-existing trademark, the rights to 
        which have been acquired through use in good faith in 
        that Party.
    11. Within six months of the entry into force of this 
Agreement, each Party shall communicate to the public the means 
by which it intends to implement paragraphs 2 through 10.

                      Article 17.5: Copyright \45\

    1. Each Party shall provide that authors \46\ of literary 
and artistic works have the right \47\ to authorize or prohibit 
all reproductions of their works, in any manner or form, 
permanent or temporary (including temporary storage in 
electronic form).
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    \45\ Except as provided in Article 17.12(2), each Party shall give 
effect to this Article upon the date of entry into force of this 
Agreement.
    \46\ References to ``authors'' in this chapter refer also to any 
successors in interest.
    \47\ With respect to copyrights and related rights in this chapter, 
a right to authorize or prohibit or a right to authorize shall mean an 
exclusive right.
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    2. Without prejudice to the provisions of Articles 
11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii), and 
14bis(1) of the Berne Convention for the Protection of Literary 
and Artistic Works (1971) (Berne Convention), each Party shall 
provide to authors of literary and artistic works the right to 
authorize or prohibit the communication to the public of their 
works, by wire or wireless means, including the making 
available to the public of their works in such a way that 
members of the public may access these works from a place and 
at a time individually chosen by them.\48\
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    \48\ It is understood that the mere provision of physical 
facilities for enabling or making a communication does not in itself 
amount to communication within the meaning of this chapter or the Berne 
Convention. It is further understood that nothing in this Article 
precludes a Party from applying Article 11bis(2) of the Berne 
Convention.
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    3. Each Party shall provide to authors of literary and 
artistic works the right to authorize the making available to 
the public of the original and copies \49\ of their works 
through sale or other transfer of ownership.
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    \49\ The expressions ``copies'' and ``original and copies'', being 
subject to the right of distribution under this paragraph, refer 
exclusively to fixed copies that can be put into circulation as 
tangible objects, i.e., for this purpose, ``copies'' means physical 
copies.
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    4. Each Party shall provide that where the term of 
protection of a work (including a photographic work) is 
calculated:
          (a) on the basis of the life of a natural person, the 
        term shall be not less than the life of the author and 
        70 years after the author's death; and
          (b) on a basis other than the life of a natural 
        person, the term shall be
                  (i) not less than 70 years from the end of 
                the calendar year of the first authorized 
                publication of the work, or
                  (ii) failing such authorized publication 
                within 50 years from the creation of the work, 
                not less than 70 years from the end of the 
                calendar year of the creation of the work.

                   Article 17.6: Related Rights \50\

    1. Each Party shall provide that performers and producers 
of phonograms \51\ have the right to authorize or prohibit all 
reproductions of their performances or phonograms, in any 
manner or form, permanent or temporary (including temporary 
storage in electronic form).
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    \50\ Except as provided in Article 17.12(2), each Party shall give 
effect to this Article upon the date of entry into force of this 
Agreement.
    \51\ References to ``performers and producers of phonograms'' in 
this chapter refer also to any successors in interest.
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    2. Each Party shall provide to performers and producers of 
phonograms the right to authorize the making available to the 
public of the original and copies \52\ of their performances or 
phonograms through sale or other transfer of ownership.
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    \52\ The expressions ``copies'' and ``original and copies'', being 
subject to the right of distribution under this paragraph, refer 
exclusively to fixed copies that can be put into circulation as 
tangible objects, i.e., for this purpose, ``copies'' means physical 
copies.
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    3. Each Party shall accord the rights provided under this 
Chapter to the performers and producers of phonograms who are 
persons of the other Party and to performances or phonograms 
first published or first fixed in a Party. A performance or 
phonogram shall be considered first published in any Party in 
which it is published within 30 days of its original 
publication.\53\
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    \53\ For the application of Article 17.6(3), fixation means the 
finalization of the master tape or its equivalent.
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    4. Each Party shall provide to performers the right to 
authorize or prohibit:
          (a) the broadcasting and communication to the public 
        of their unfixed performances except where the 
        performance is already a broadcast performance, and
          (b) the fixation of their unfixed performances.
    5. (a) Each Party shall provide to performers and producers 
of phonograms the right to authorize or prohibit the 
broadcasting or any communication to the public of their fixed 
performances or phonograms, by wire or wireless means, 
including the making available to the public of those 
performances and phonograms in such a way that members of the 
public may access them from a place and at a time individually 
chosen by them.
    (b) Notwithstanding paragraph 5(a) and Article 17.7(3), the 
right to authorize or prohibit the broadcasting or 
communication to the public of performances or phonograms 
through analog communication and free over-the-air 
broadcasting, and the exceptions or limitations to this right 
for such activities, shall be a matter of domestic law. Each 
Party may adopt exceptions and limitations, including 
compulsory licenses, to the right to authorize or prohibit the 
broadcasting or communication to the public of performances or 
phonograms in respect of other noninteractive transmissions in 
accordance with Article 17.7(3). Such compulsory licenses shall 
not prejudice the right of the performer or producer of a 
phonogram to obtain equitable remuneration.
    6. Neither Party shall subject the enjoyment and exercise 
of the rights of performers and producers of phonograms 
provided for in this Chapter to any formality.
    7. Each Party shall provide that where the term of 
protection of a performance or phonogram is to be calculated on 
a basis other than the life of a natural person, the term shall 
be:
          (a) not less than 70 years from the end of the 
        calendar year of the first authorized publication of 
        the performance or phonogram, or
          (b) failing such authorized publication within 50 
        years from the fixation of the performance or 
        phonogram, not less than 70 years from the end of the 
        calendar year of the fixation of the performance or 
        phonogram.
    8. For the purposes of Articles 17.6 and 17.7, the 
following definitions apply with respect to performers and 
producers of phonograms:
          (a) performers means actors, singers, musicians, 
        dancers, and other persons who act, sing, deliver, 
        declaim, play in, interpret, or otherwise perform 
        literary or artistic works or expressions of folklore;
          (b) phonogram means the fixation of the sounds of a 
        performance or of other sounds, or of a representation 
        of sounds, other than in the form of a fixation 
        incorporated in a cinematographic or other audiovisual 
        work; \54\
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    \54\ It is understood that the definition of phonogram provided in 
this chapter does not suggest that rights in the phonogram are in any 
way affected through their incorporation into a cinematographic or 
other audiovisual work.
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          (c) fixation means the embodiment of sounds, or of 
        the representations thereof, from which they can be 
        perceived, reproduced, or communicated through a 
        device;
          (d) producer of a phonogram means the person, or the 
        legal entity, who or which takes the initiative and has 
        the responsibility for the first fixation of the sounds 
        of a performance or other sounds, or the 
        representations of sounds;
          (e) publication of a fixed performance or a phonogram 
        means the offering of copies of the fixed performance 
        or the phonogram to the public, with the consent of the 
        right holder, and provided that copies are offered to 
        the public in reasonable quantity;
          (f) broadcasting means the transmission by wireless 
        means for public reception of sounds or of images and 
        sounds or of the representations thereof; such 
        transmission by satellite is also broadcasting; 
        transmission of encrypted signals is broadcasting where 
        the means for decrypting are provided to the public by 
        the broadcasting organization or with its consent; and
          (g) communication to the public of a performance or a 
        phonogram means the transmission to the public by any 
        medium, otherwise than by broadcasting, of sounds of a 
        performance or the sounds or the representations of 
        sounds fixed in a phonogram. For the purposes of 
        Article 17.6(5) ``communication to the public'' 
        includes making the sounds or representations of sounds 
        fixed in a phonogram audible to the public.

 Article 17.7: Obligations Common to Copyright and Related Rights \55\

    1. Each Party shall establish that in cases where 
authorization is needed from both the author of a work embodied 
in a phonogram and a performer or producer owning rights in the 
phonogram, the need for the authorization of the author does 
not cease to exist because the authorization of the performer 
and producer is also required. Likewise, each Party shall 
establish that in cases where authorization is needed from both 
the author of a work embodied in a phonogram and a performer or 
producer owning rights in the phonogram, the need for the 
authorization of the performer or producer does not cease to 
exist because the authorization of the author is also required.
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    \55\ Except as provided in Article 17.12(2), each Party shall give 
effect to this Article upon the date of entry into force of this 
Agreement.
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    2. (a) Each Party shall provide that for copyright and 
related rights:
          (i) any person owning any economic right, i.e., not a 
        moral right, may freely and separately transfer such 
        right by contract; and
          (ii) any person who has acquired or owns any such 
        economic right by virtue of a contract, including 
        contracts of employment underlying the creation of 
        works and phonograms, shall be permitted to exercise 
        that right in its own name and enjoy fully the benefits 
        derived from that right.
    (b) Each Party may establish:
          (i) which contracts of employment underlying the 
        creation of works or phonograms shall, in the absence 
        of a written agreement, result in a transfer of 
        economic rights by operation of law; and
          (ii) reasonable limits to the provisions in paragraph 
        2(a) to protect the interests of the original right 
        holders, taking into account the legitimate interests 
        of the transferees.
    3. Each Party shall confine limitations or exceptions to 
rights to certain special cases which do not conflict with a 
normal exploitation of the work, performance, or phonogram, and 
do not unreasonably prejudice the legitimate interests of the 
right holder.\56\
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    \56\ Article 17.7(3) permits a Party to carry forward and 
appropriately extend into the digital environment limitations and 
exceptions in its domestic laws which have been considered acceptable 
under the Berne Convention. Similarly, these provisions permit a Party 
to devise new exceptions and limitations that are appropriate in the 
digital network environment. For works, other than computer software, 
and other subject-matter, such exceptions and limitations may include 
temporary acts of reproduction which are transient or incidental and an 
integral and essential part of a technological process and whose sole 
purpose is to enable (a) a lawful transmission in a network between 
third parties by an intermediary; or (b) a lawful use of a work or 
other subject-matter to be made; and which have no independent economic 
significance.
    Article 17.7(3) neither reduces nor extends the scope of 
applicability of the limitations and exceptions permitted by the Berne 
Convention, the WIPO Copyright Treaty (1996), and the WIPO Performances 
and Phonograms Treaty (1996).
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    4. In order to confirm that all federal or central 
government agencies use computer software only as authorized, 
each Party shall issue appropriate laws, orders, regulations, 
or administrative or executive decrees to actively regulate the 
acquisition and management of software for such government use. 
Such measures may take the form of procedures such as preparing 
and maintaining inventories of software present on agencies' 
computers and inventories of software licenses.
    5. In order to provide adequate legal protection and 
effective legal remedies against the circumvention of effective 
technological measures that are used by authors, performers, 
and producers of phonograms in connection with the exercise of 
their rights and that restrict unauthorized acts in respect of 
their works, performances, and phonograms, protected by 
copyright and related rights:
          (a) each Party shall provide that any person who 
        knowingly \57\ circumvents without authorization of the 
        right holder or law consistent with this Agreement any 
        effective technological measure that controls access to 
        a protected work, performance, or phonogram shall be 
        civilly liable and, in appropriate circumstances, shall 
        be criminally liable, or said conduct shall be 
        considered an aggravating circumstance of another 
        offense.\58\ No Party is required to impose civil or 
        criminal liability for a person who circumvents any 
        effective technological measure that protects any of 
        the exclusive rights of copyright or related rights in 
        a protected work, but does not control access to such 
        work.
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    \57\ For purposes of para. 5, knowledge may be demonstrated through 
reasonable evidence taking into account the facts and circumstances 
surrounding the alleged illegal act.
    \58\ Para. 5 does not obligate a Party to require that the design 
of, or the design and selection of parts and components for, a consumer 
electronics, telecommunications, or computing product provide for a 
response to any particular technological measure, so long as such 
product does not otherwise violate any measure implementing para. 5(b).
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          (b) each Party shall also provide administrative or 
        civil measures, and, where the conduct is willful and 
        for prohibited commercial purposes, criminal measures 
        with regard to the manufacture, import, distribution, 
        sale, or rental of devices, products, or components or 
        the provision of services which:
                  (i) are promoted, advertised, or marketed for 
                the purpose of circumvention of any effective 
                technological measure, or
                  (ii) do not have a commercially significant 
                purpose or use other than to circumvent any 
                effective technological measure, or
                  (iii) are primarily designed, produced, 
                adapted, or performed for the purpose of 
                enabling or facilitating the circumvention of 
                any effective technological measures.
        Each Party shall ensure that due account is given, 
        inter alia, to the scientific or educational purpose of 
        the conduct of the defendant in applying criminal 
        measures under any provisions implementing this 
        subparagraph. A Party may exempt from criminal 
        liability, and if carried out in good faith without 
        knowledge that the conduct is prohibited, from civil 
        liability, acts prohibited under this subparagraph that 
        are carried out in connection with a nonprofit library, 
        archive or educational institution.
          (c) Each Party shall ensure that nothing in 
        subparagraphs (a) and (b) affects rights, remedies, 
        limitations, or defenses with respect to copyright or 
        related rights infringement.
          (d) Each Party shall confine limitations and 
        exceptions to measures implementing subparagraphs (a) 
        and (b) to certain special cases that do not impair the 
        adequacy of legal protection or the effectiveness of 
        legal remedies against the circumvention of effective 
        technological measures. In particular, each Party may 
        establish exemptions and limitations to address the 
        following situations and activities in accordance with 
        subparagraph (e):
                  (i) when an actual or likely adverse effect 
                on noninfringing uses with respect to a 
                particular class of works or exceptions or 
                limitation to copyright or related rights with 
                respect to a class of users is demonstrated or 
                recognized through a legislative or 
                administrative proceeding established by law, 
                provided that any limitation or exception 
                adopted in reliance upon this subparagraph 
                (d)(i) shall have effect for a period of not 
                more than three years from the date of 
                conclusion of such proceeding;
                  (ii) noninfringing reverse engineering 
                activities with regard to a lawfully obtained 
                copy of a computer program, carried out in good 
                faith with respect to particular elements of 
                that computer program that have not been 
                readily available to that person,\59\ for the 
                sole purpose of achieving interoperability of 
                an independently created computer program with 
                other programs; \60\
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    \59\ For greater certainty, elements of a computer program are not 
readily available to a person seeking to engage in noninfringing 
reverse engineering when they cannot be obtained from the literature on 
the subject, from the copyright holder, or from sources in the public 
domain.
    \60\ Such activity occurring in the course of research and 
development is not excluded from this exception.
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                  (iii) noninfringing good faith activities, 
                carried out by a researcher who has lawfully 
                obtained a copy, performance, or display of a 
                work, and who has made a reasonable attempt to 
                obtain authorization for such activities, to 
                the extent necessary for the sole purpose of 
                identifying and analyzing flaws and 
                vulnerabilities of encryption technologies; 
                \61\
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    \61\ Such activity occurring in the course of research and 
development is not excluded from this exception.
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                  (iv) the inclusion of a component or part for 
                the sole purpose of preventing the access of 
                minors to inappropriate online content in a 
                technology, product, service, or device that 
                does not itself violate any measures 
                implementing subparagraphs (a) and (b);
                  (v) noninfringing good faith activities that 
                are authorized by the owner of a computer, 
                computer system, or computer network for the 
                sole purpose of testing, investigating, or 
                correcting the security of that computer, 
                computer system, or computer network;
                  (vi) noninfringing activities for the sole 
                purpose of identifying and disabling a 
                capability to carry out undisclosed collection 
                or dissemination of personally identifying 
                information reflecting the online activities of 
                a natural person in a way that has no other 
                effect on the ability of any person to gain 
                access to any work;
                  (vii) lawfully authorized activities carried 
                out by government employees, agents, or 
                contractors for the purpose of law enforcement, 
                intelligence, or similar government activities; 
                and
                  (viii) access by a nonprofit library, 
                archive, or educational institution to a work 
                not otherwise available to it, for the sole 
                purpose of making acquisition decisions.
          (e) Each Party may apply the exceptions and 
        limitations for the situations and activities set forth 
        in subparagraph (d) as follows:
                  (i) any measure implementing subparagraph (a) 
                may be subject to the exceptions and 
                limitations with respect to each situation and 
                activity set forth in subparagraph (d).
                  (ii) any measure implementing subparagraph 
                (b), as it applies to effective technological 
                measures that control access to a work, may be 
                subject to exceptions and limitations with 
                respect to the activities set forth in 
                subparagraphs (d)(ii), (iii), (iv), (v), and 
                (vii).
                  (iii) any measure implementing subparagraph 
                (b), as it applies to effective technological 
                measures that protect any copyright or any 
                rights related to copyright, may be subject to 
                exceptions and limitations with respect to the 
                activities set forth in subparagraph (d)(ii) 
                and (vii).
          (f) Effective technological measure means any 
        technology, device, or component that, in the normal 
        course of its operation, controls access to a work, 
        performance, phonogram, or any other protected 
        material, or that protects any copyright or any rights 
        related to copyright, and cannot, in the usual case, be 
        circumvented accidentally.
    6. In order to provide adequate and effective legal 
remedies to protect rights management information:
          (a) each Party shall provide that any person who 
        without authority, and knowing, or, with respect to 
        civil remedies, having reasonable grounds to know, that 
        it will induce, enable, facilitate, or conceal an 
        infringement of any copyright or related right,
                  (i) knowingly removes or alters any rights 
                management information;
                  (ii) distributes or imports for distribution 
                rights management information knowing that the 
                rights management information has been altered 
                without authority; or
                  (iii) distributes, imports for distribution, 
                broadcasts, communicates, or makes available to 
                the public copies of works or phonograms, 
                knowing that rights management information has 
                been removed or altered without authority,
        shall be liable, upon the suit of any injured person, 
        and subject to the remedies in Article 17.11(5). Each 
        Party shall provide for application of criminal 
        procedures and remedies at least in cases where acts 
        prohibited in the subparagraph are done willfully and 
        for purposes of commercial advantage. A Party may 
        exempt from criminal liability prohibited acts done in 
        connection with a nonprofit library, archive, 
        educational institution, or broadcasting entity 
        established without a profit-making purpose.
          (b) Rights management information means:
                  (i) information which identifies a work, 
                performance, or phonogram; the author of the 
                work, the performer of the performance, or the 
                producer of the phonogram; or the owner of any 
                right in the work, performance, or phonogram;
                  (ii) information about the terms and 
                conditions of the use of the work, performance, 
                or phonogram; and
                  (iii) any numbers or codes that represent 
                such information,
        when any of these items is attached to a copy of the 
        work, performance, or phonogram or appears in 
        conjunction with the communication or making available 
        of a work, performance, or phonogram to the public. 
        Nothing in paragraph 6(a) requires the owner of any 
        right in the work, performance, or phonogram to attach 
        rights management information to copies of the owner's 
        work, performance, or phonogram or to cause rights 
        management information to appear in connection with a 
        communication of the work, performance, or phonogram to 
        the public.
    7. Each Party shall apply Article 18 of the Berne 
Convention, mutatis mutandis, to all the protections of 
copyright and related rights and effective technological 
measures and rights management information in Articles 17.5, 
17.6, and 17.7.

   Article 17.8: Protection of Encrypted Program-Carrying Satellite 
                                Signals

    1. Each Party shall make it:
          (a) a civil or criminal offense to manufacture, 
        assemble, modify, import, export, sell, lease, or 
        otherwise distribute a tangible or intangible device or 
        system, knowing \62\ that the device or system's 
        principal function is solely to assist in decoding an 
        encrypted program-carrying satellite signal without the 
        authorization of the lawful distributor of such signal; 
        and
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    \62\ For purposes of para. 1, knowledge may be demonstrated through 
reasonable evidence, taking into account the facts and circumstances 
surrounding the alleged illegal act.
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          (b) a civil or criminal offense willfully to receive 
        or further distribute an encrypted program-carrying 
        satellite signal knowing that it has been decoded 
        without the authorization of the lawful distributor of 
        the signal.
    2. Each Party shall provide that any person injured by any 
activity described in subparagraphs 1(a) or 1(b), including any 
person that holds an interest in the encrypted programming 
signal or the content of that signal, shall be permitted to 
initiate a civil action under any measure implementing such 
subparagraphs.

                         Article 17.9: Patents

    1. Each Party shall make patents available for any 
invention, whether a product or a process, in all fields of 
technology, provided that the invention is new, involves an 
inventive step, and is capable of industrial application. For 
purposes of this Article, a Party may treat the terms 
``inventive step'' and ``capable of industrial application'' as 
being synonymous with the terms ``non-obvious'' and ``useful'' 
respectively.
    2. Each Party will undertake reasonable efforts, through a 
transparent and participatory process, to develop and propose 
legislation within 4 years from the entry into force of this 
Agreement that makes available patent protection for plants 
that are new, involve an inventive step, and are capable of 
industrial application.
    3. Each Party may provide limited exceptions to the 
exclusive rights conferred by a patent, provided that such 
exceptions do not unreasonably conflict with a normal 
exploitation of the patent and do not unreasonably prejudice 
the legitimate interests of the patent owner, taking account of 
the legitimate interests of third parties.
    4. If a Party permits the use by a third party of the 
subject matter of a subsisting patent to support an application 
for marketing approval or sanitary permit of a pharmaceutical 
product, the Party shall provide that any product produced 
under such authority shall not be made, used, or sold in the 
territory of the Party other than for purposes related to 
meeting requirements for marketing approval or the sanitary 
permit, and if export is permitted, the product shall only be 
exported outside the territory of the Party for purposes of 
meeting requirements for issuing marketing approval or sanitary 
permits in the exporting Party.
    5. A Party may revoke or cancel a patent only when grounds 
exist that would have justified a refusal to grant the 
patent.\63\
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    \63\ Fraud in obtaining a patent may constitute grounds for 
revocation or cancellation.
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    6. Each Party shall provide for the adjustment of the term 
of a patent, at the request of the patent owner, to compensate 
for unreasonable delays that occur in granting the patent. For 
the purposes of this paragraph, an unreasonable delay shall be 
understood to include a delay in the issuance of the patent of 
more than five years from the date of filing of the application 
in the Party, or three years after a request for examination of 
the application has been made, whichever is later, provided 
that periods of time attributable to actions of the patent 
applicant need not be included in the determination of such 
delays.
    7. Neither Party shall use a public disclosure to bar 
patentability based upon a lack of novelty or inventive step if 
the public disclosure (a) was made or authorized by, or derived 
from, the patent applicant and (b) occurs within 12 months 
prior to the date of filing of the application in the Party.

     Article 17.10: Measures Related to Certain Regulated Products

    1. If a Party requires the submission of undisclosed 
information concerning the safety and efficacy of a 
pharmaceutical or agricultural chemical product which utilizes 
a new chemical entity, which product has not been previously 
approved, to grant a marketing approval or sanitary permit for 
such product, the Party shall not permit third parties not 
having the consent of the person providing the information to 
market a product based on this new chemical entity, on the 
basis of the approval granted to the party submitting such 
information. A Party shall maintain this prohibition for a 
period of at least five years from the date of approval for a 
pharmaceutical product and ten years from the date of approval 
for an agricultural chemical product.\64\ Each Party shall 
protect such information against disclosure except where 
necessary to protect the public.
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    \64\ Where a Party, on the date of its implementation of the TRIPS 
Agreement, had in place a system for protecting pharmaceutical or 
agricultural chemical products not involving new chemical entities from 
unfair commercial use which conferred a period of protection shorter 
than that specified in para. 1, that Party may retain such system 
notwithstanding the obligations of para. 1.
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    2. With respect to pharmaceutical products that are subject 
to a patent, each Party shall:
          (a) make available an extension of the patent term to 
        compensate the patent owner for unreasonable 
        curtailment of the patent term as a result of the 
        marketing approval process;
          (b) make available to the patent owner the identity 
        of any third party requesting marketing approval 
        effective during the term of the patent; and
          (c) not grant marketing approval to any third party 
        prior to the expiration of the patent term, unless by 
        consent or acquiescence of the patent owner.

       Article 17.11: Enforcement of Intellectual Property Rights

General Obligations

    1. Each Party shall ensure that procedures and remedies set 
forth in this Article for enforcement of intellectual property 
rights are established in accordance with its domestic law.\65\ 
Such administrative and judicial procedures and remedies, both 
civil and criminal, shall be made available to the holders of 
such rights in accordance with the principles of due process 
that each Party recognizes as well as with the foundations of 
its own legal system.
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    \65\ Nothing in this chapter prevents a Party from establishing or 
maintaining appropriate judicial or administrative procedural 
formalities for this purpose that do not impair each Party's rights and 
obligations under this Agreement.
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    2. This Article does not create any obligation:
          (a) to put in place a judicial system for the 
        enforcement of intellectual property rights distinct 
        from that already existing for the enforcement of law 
        in general, or
          (b) with respect to the distribution of resources for 
        the enforcement of intellectual property rights and the 
        enforcement of law in general. The distribution of 
        resources for the enforcement of intellectual property 
        rights shall not excuse a Party from compliance with 
        the provisions of this Article.
    3. Final decisions on the merits of a case of general 
application shall be in writing and shall state the reasons or 
the legal basis upon which decisions are based.
    4. Each Party shall publicize or make available to the 
public information that each Party might collect regarding its 
efforts to provide effective enforcement of intellectual 
property rights, including statistical information.
    5. Each Party shall make available the civil remedies set 
forth in this Article for the acts described in the Articles 
17.7(5) and 17.7(6).
    6. In civil, administrative, and criminal proceedings 
involving copyright or related rights, each Party shall provide 
that:
          (a) the natural person or legal entity whose name is 
        indicated as the author, producer, performer, or 
        publisher of the work, performance, or phonogram in the 
        usual manner,\66\ shall, in the absence of proof to the 
        contrary, be presumed to be the designated right holder 
        in such work, performance, or phonogram.
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    \66\ Each Party may establish the means by which it shall determine 
what constitutes the ``usual manner'' for a particular physical 
support.
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          (b) it shall be presumed, in the absence of proof to 
        the contrary, that the copyright or related right 
        subsists in such subject matter. A Party may require, 
        as a condition for according such presumption of 
        subsistence, that the work appear on its face to be 
        original and that it bear a publication date not more 
        than 70 years prior to the date of the alleged 
        infringement.

Civil and Administrative Procedures \67\ and Remedies
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    \67\ For the purposes of this Article, civil judicial procedures 
mean those procedures as applied to the protection and enforcement of 
intellectual property rights.
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    7. Each Party shall make available to right holders \68\ 
civil judicial procedures concerning the enforcement of any 
intellectual property right.
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    \68\ For the purposes of this Article, the term ``right holder'' 
shall include duly authorized licensees as well as federations and 
associations having legal standing and authorization to assert such 
rights.
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    8. Each Party shall provide that:
          (a) In civil judicial proceedings, the judicial 
        authorities shall have the authority to order the 
        infringer to pay the right holder:
                  (i) damages adequate to compensate for the 
                injury the right holder has suffered because of 
                an infringement of that person's intellectual 
                property right by an infringer engaged in 
                infringing activity, and
                  (ii) at least in the case of infringements of 
                trademark, copyright, or related rights, the 
                profits of the infringer that are attributable 
                to the infringement and are not already taken 
                into account in determining injury.
          (b) In determining injury to the right holder, the 
        judicial authorities shall, inter alia, consider the 
        legitimate retail value of the infringed goods.
    9. In civil judicial proceedings, each Party shall, at 
least with respect to works protected by copyright or related 
rights and trademark counterfeiting, establish pre-established 
damages, prescribed by each Party's domestic law, that the 
judicial authorities deem reasonable in light of the goals of 
the intellectual property system and the objectives set forth 
in this Chapter.
    10. Each Party shall provide that, except in exceptional 
circumstances, its judicial authorities have the authority to 
order, at the conclusion of civil judicial proceedings 
concerning infringement of copyright or related rights and 
trademark counterfeiting, that the prevailing right holder 
shall be paid the court costs or fees and reasonable attorney's 
fees by the infringing party.
    11. In civil judicial proceedings concerning copyright and 
related rights infringement and trademark counterfeiting, each 
Party shall provide that its judicial authorities shall have 
the authority to order the seizure of suspected infringing 
goods, and of material and implements by means of which such 
goods are produced where necessary to prevent further 
infringement.
    12. In civil judicial proceedings, each Party shall provide 
that:
          (a) its judicial authorities shall have the authority 
        to order, at their discretion, the destruction, except 
        in exceptional cases, of the goods determined to be 
        infringing goods;
          (b) the charitable donation of goods that infringe 
        copyright and related rights shall not be ordered by 
        the judicial authorities without the authorization of 
        the right holder other than in special cases that do 
        not conflict with the normal exploitation of the work, 
        performance, or phonogram, and do not unreasonably 
        prejudice the legitimate interests of the right holder;
          (c) the judicial authorities shall have the authority 
        to order, at their discretion, that material and 
        implements actually used in the manufacture of the 
        infringing goods be destroyed. In considering such 
        requests, the judicial authorities shall take into 
        account, inter alia, the need for proportionality 
        between the gravity of the infringement and remedies 
        ordered, as well as the interests of third parties 
        holding an ownership, possessory, contractual, or 
        secured interest; and
          (d) in regard to counterfeited trademarked goods, the 
        simple removal of the trademark unlawfully affixed 
        shall not permit release of the goods into the channels 
        of commerce. However, such goods may be donated to 
        charity when the removal of the trademark eliminates 
        the infringing characteristic of the good and the good 
        is no longer identifiable with the removed trademark.
    13. In civil judicial proceedings, each Party shall provide 
that the judicial authorities shall have the authority to order 
the infringer to provide any information the infringer may have 
regarding persons involved in the infringement, and regarding 
the distribution channels of infringing goods. Judicial 
authorities shall also have the authority to impose fines or 
imprisonment on infringers who do not comply with such orders, 
in accordance with each Party's domestic law.
    14. To the extent that any civil remedy can be ordered as a 
result of administrative procedures on the merits of a case, 
such procedures shall conform to principles equivalent in 
substance to those set forth in paragraphs 1 through 13.

Provisional Measures

    15. Each Party shall provide that requests for relief 
inaudita altera parte shall be acted upon expeditiously in 
accordance with the judicial procedural rules of that Party.
    16. Each Party shall provide that:
          (a) its judicial authorities have the authority to 
        require the applicant for any provisional measure to 
        provide any reasonably available evidence in order to 
        satisfy themselves to a sufficient degree of certainty 
        that the applicant is the holder of the right in 
        question \69\ and that infringement of such right is 
        imminent, and to order the applicant to provide a 
        reasonable security or equivalent assurance in an 
        amount that is sufficient to protect the defendant and 
        prevent abuse, set at a level so as not to unreasonably 
        deter recourse to such procedures.
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    \69\ In accordance with the provisions in para. 6(a).
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          (b) in the event that judicial or other authorities 
        appoint experts, technical or otherwise, that must be 
        paid by the parties, such costs shall be set at a 
        reasonable level taking into account the work 
        performed, or if applicable, based on standardized 
        fees, and shall not unreasonably deter recourse to 
        provisional relief.

Special Requirements Related to Border Measures

    17. Each Party shall provide that any right holder 
initiating procedures for suspension by the customs authorities 
of the release of suspected counterfeit trademark or pirated 
copyright goods \70\ into free circulation is required to 
provide adequate evidence to satisfy the competent authorities 
that, under the laws of the Party of importation, there is 
prima facie an infringement of the right holder's intellectual 
property right and to supply sufficient information to make the 
suspected goods reasonably recognizable to the customs 
authorities. The sufficient information required shall not 
unreasonably deter recourse to these procedures.
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    \70\ For the purposes of paras. 17 through 19:
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  (a) counterfeit trademark goods means any goods, including packaging, 
bearing without authorization a trademark which is identical to the 
trademark validly registered in respect of such goods, or which cannot be 
distinguished in its essential aspects from such a trademark, and which 
thereby infringes the rights of the owner of the trademark in question 
under the law of the country of importation;

  (b) pirated copyright goods means any goods which are copies made without 
the consent of the right holder or person duly authorized by the right 
holder in the country of production and which are made directly or 
indirectly from an article where the making of that copy would have 
constituted an infringement of a copyright or a related right under the law 
of the country of importation.

    18. Each Party shall provide the competent authorities with 
the authority to require an applicant to provide a reasonable 
security or equivalent assurance sufficient to protect the 
defendant and the competent authorities and to prevent abuse. 
Such security or equivalent assurance shall not unreasonably 
deter recourse to these procedures.
    19. Where the competent authorities have made a 
determination that goods are counterfeit or pirated, a Party 
shall grant the competent authorities the authority to inform 
the right holder, at the right holder's request, of the names 
and addresses of the consignor, the importer, and the 
consignee, and of the quantity of the goods in question.
    20. Each Party shall provide that the competent authorities 
are permitted to initiate border measures ex officio, without 
the need for a formal complaint from a person or right holder. 
Such measures shall be used when there is reason to believe or 
suspect that goods being imported, destined for export, or 
moving in transit are counterfeit or pirated. In case of goods 
in transit, each Party, in conformity with other international 
agreements subscribed to by it, may provide that ex officio 
authority shall be exercised prior to sealing the container, or 
other means of conveyance, with the customs seal, as 
applicable.\71\
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    \71\ The Parties recognize their obligations with respect to 
technological cooperation and other matters set forth in chapter five 
(Customs Administration), concerning, inter alia, improved customs 
enforcement, including with respect to intellectual property rights.
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    21. Each Party shall provide that:
          (a) goods that have been found to be pirated or 
        counterfeit by the competent authorities shall be 
        destroyed, except in exceptional cases.
          (b) in regard to counterfeit trademark goods, the 
        simple removal of the trademark unlawfully affixed 
        shall not be sufficient to permit the release of goods 
        into the channels of commerce.
          (c) in no event shall the competent authorities 
        engage in, or permit, the re-exportation of counterfeit 
        or pirated goods, nor shall they permit such goods to 
        be subject to other customs procedures.

Criminal Procedures and Remedies

    22. Each Party shall provide for application of criminal 
procedures and penalties at least in cases of willful trademark 
counterfeiting or piracy, on a commercial scale, of works, 
performances, or phonograms protected by copyright or related 
rights. Specifically, each Party shall ensure that:
          (a) (i) willfull infringement \72\ of copyright and 
        related rights for a commercial advantage or financial 
        gain, is subject to criminal procedures and penalties; 
        \73\
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    \72\ For purposes of para. 22, evidence of reproduction or 
distribution of a copyrighted work, by itself, shall not be sufficient 
to establish willful infringement.
    \73\ For purposes of para. 22, commercial advantage or financial 
gain shall be understood to exclude de minimis infringements. Nothing 
in this Agreement prevents prosecutors from exercising any discretion 
that they may have to decline to pursue cases.
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          (ii) copyright or related rights piracy on a 
        commercial scale includes the willful infringing 
        reproduction or distribution, including by electronic 
        means, of copies with a significant aggregate monetary 
        value, calculated based on the legitimate retail value 
        of the infringed goods;
          (b) available remedies include sentences of 
        imprisonment and/or monetary fines that are sufficient 
        to provide a deterrent to future infringements and 
        present a level of punishment consistent with the 
        gravity of the offense, which shall be applied by the 
        judicial authorities in light of, inter alia, these 
        criteria;
          (c) judicial authorities have the authority to order 
        the seizure of suspected counterfeit or pirated goods, 
        assets legally traceable to the infringing activity, 
        documents and related materials, and implements that 
        constitute evidence of the offense. Each Party shall 
        further provide that its judicial authorities have the 
        authority to seize items in accordance with its 
        domestic law. Items that are subject to seizure 
        pursuant to a search order need not be individually 
        identified so long as they fall within general 
        categories specified in the order;
          (d) judicial authorities have the authority to order, 
        among other measures, the forfeiture of any assets 
        legally traceable to the infringing activity, and the 
        forfeiture and destruction of all counterfeit and 
        pirated goods and, at least with respect to copyright 
        and related rights piracy, any related materials and 
        implements actually used in the manufacture of the 
        pirated goods. Parties shall not make compensation 
        available to the infringer for any such forfeiture or 
        destruction; and
          (e) Appropriate authorities, as determined by each 
        Party, have the authority, in cases of copyright and 
        related rights piracy and trademark counterfeiting, to 
        exercise legal action ex officio without the need for a 
        formal complaint by a person or right holder.

Limitations on Liability for Internet Service Providers

    23. (a) For the purpose of providing enforcement procedures 
that permit effective action against any act of infringement of 
copyright \74\ covered under this Chapter, including 
expeditious remedies to prevent infringements and criminal and 
civil remedies, each Party shall provide, consistent with the 
framework set forth in this Article:
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    \74\ For purposes of para. 23, ``copyright'' shall also include 
related rights.
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          (i) legal incentives for service providers to 
        cooperate with copyright owners in deterring the 
        unauthorized storage and transmission of copyrighted 
        materials; and
          (ii) limitations in its law regarding the scope of 
        remedies available against service providers for 
        copyright infringements that they do not control, 
        initiate, or direct, and that take place through 
        systems or networks controlled or operated by them or 
        on their behalf, as set forth below.
    (b) These limitations shall preclude monetary relief and 
provide reasonable limitations on court-ordered relief to 
compel or restrain certain actions for the following functions 
and shall be confined to those functions:
          (i) transmitting, routing, or providing connections 
        for material without modification of its content; \75\
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    \75\ Modification of the content of material shall not include 
technological manipulation of material for the purpose of facilitating 
network transmission, such as division into packets.
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          (ii) caching carried out through an automatic 
        process;
          (iii) storage at the direction of a user of material 
        residing on a system or network controlled or operated 
        by or for the provider, including e-mails and its 
        attachments stored in the provider's server, and web 
        pages residing on the provider's server; and
          (iv) referring or linking users to an online location 
        by using information location tools, including 
        hyperlinks and directories. These limitations shall 
        apply only where the provider does not initiate the 
        transmission, or select the material or its recipients 
        (except to the extent that a function described in 
        subparagraph (iv) in itself entails some form of 
        selection). This paragraph does not preclude the 
        availability of other defenses to copyright 
        infringement that are of general applicability, and 
        qualification for the limitations as to each function 
        shall be considered separately from qualification for 
        the limitations as to other functions.
    (c) With respect to function (b)(ii), the limitations shall 
be conditioned on the service provider:
          (i) complying with conditions on user access and 
        rules regarding the updating of the cached material 
        imposed by the supplier of the material;
          (ii) not interfering with technology consistent with 
        widely accepted industry standards lawfully used at the 
        originating site to obtain information about the use of 
        the material, and not modifying its content in 
        transmission to subsequent users; and
          (iii) expeditiously removing or disabling access, 
        upon receipt of an effective notification of claimed 
        infringement in accordance with subparagraph (f), to 
        cached material that has been removed or access to 
        which has been disabled at the originating site.
        With respect to functions (b)(iii) and (iv), the 
        limitations shall be conditioned on the service 
        provider:
          (i) not receiving a financial benefit directly 
        attributable to the infringing activity, in 
        circumstances where it has the right and ability to 
        control such activity;
          (ii) expeditiously removing or disabling access to 
        the material residing on its system or network upon 
        obtaining actual knowledge of the infringement or 
        becoming aware of facts or circumstances from which the 
        infringement was apparent, including through effective 
        notifications of claimed infringement in accordance 
        with subparagraph (f); and
          (iii) publicly designating a representative to 
        receive such notifications.
    (d) Eligibility for application of the limitations in this 
paragraph shall be conditioned on the service provider:
          (i) adopting and reasonably implementing \76\ a 
        policy that provides for termination in appropriate 
        circumstances of the accounts of repeat infringers; and
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    \76\ A Party may determine in its domestic law that ``reasonably 
implementing'' entails, inter alia, making such policy continuously 
available to its users of its system or network.
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          (ii) accommodating and not interfering with standard 
        technical measures that lawfully protect and identify 
        copyrighted material, that are developed through an 
        open, voluntary process by a broad consensus of 
        interested parties, approved by relevant authorities, 
        as applicable, that are available on reasonable and 
        nondiscriminatory terms, and that do not impose 
        substantial costs on service providers or substantial 
        burdens on their systems or networks.
Eligibility for application of the limitations in this 
paragraph may not be conditioned on the service provider 
monitoring its service, or affirmatively seeking facts 
indicating infringing activity, except to the extent consistent 
with such technical measures.
    (e) If the service provider qualifies for the limitation 
with respect to function (b)(i), court-ordered relief to compel 
or restrain certain actions shall be limited to measures to 
terminate specified accounts, or to take reasonable steps to 
block access to a specific, non-domestic online location. If 
the service provider qualifies for the limitations with respect 
to any other function in subparagraph (b), court-ordered relief 
to compel or restrain certain actions shall be limited to 
removing or disabling access to the infringing material, 
terminating specified accounts, and other remedies that a court 
may find necessary provided that such other remedies are the 
least burdensome to the service provider and users or 
subscribers among comparably effective forms of relief. Any 
such relief shall be issued with due regard for the relative 
burden to the service provider, to users or subscribers and 
harm to the copyright owner, the technical feasibility and 
effectiveness of the remedy and whether less burdensome, 
comparably effective enforcement methods are available. Except 
for orders ensuring the preservation of evidence, or other 
orders having no material adverse effect on the operation of 
the service provider's communications network, such relief 
shall be available only where the service provider has received 
notice and an opportunity to appear before the judicial 
authority.
    (f) For purposes of the notice and take down process for 
functions (b)(ii), (iii), and (iv), each Party shall establish 
appropriate procedures through an open and transparent process 
which is set forth in domestic law, for effective notifications 
of claimed infringement, and effective counter-notifications by 
those whose material is removed or disabled through mistake or 
misidentification. At a minimum, each Party shall require that 
an effective notification of claimed infringement be a written 
communication, physically or electronically \77\ signed by a 
person who represents, under penalty of perjury or other 
criminal penalty, that he is an authorized representative of a 
right holder in the material that is claimed to have been 
infringed, and containing information that is reasonably 
sufficient to enable the service provider to identify and 
locate material that the complaining party claims in good faith 
to be infringing and to contact that complaining party. At a 
minimum, each Party shall require that an effective counter-
notification contain the same information, mutatis mutandis, as 
a notification of claimed infringement, and in addition, 
contain a statement that the subscriber making the counter-
notification consents to the jurisdiction of the courts of the 
Party. Each Party shall also provide for monetary remedies 
against any person who makes a knowing material 
misrepresentation in a notification or counter-notification 
which causes injury to any interested party as a result of a 
service provider relying on the misrepresentation.
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    \77\ In accordance with domestic law.
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    (g) If the service provider removes or disables access to 
material in good faith based on claimed or apparent 
infringement, it shall be exempted from liability for any 
resulting claims, provided that, in the case of material 
residing on its system or network, it takes reasonable steps 
promptly to notify the supplier of the material that it has 
done so and, if the supplier makes an effective counter-
notification and is subject to jurisdiction in an infringement 
suit, to restore the material online unless the original 
notifying party seeks judicial relief within a reasonable time.
    (h) Each Party shall establish an administrative or 
judicial procedure enabling copyright owners who have given 
effective notification of claimed infringement to obtain 
expeditiously from a service provider information in its 
possession identifying the alleged infringer.
    (i) Service provider means, for purposes of function 
(b)(i), a provider of transmission, routing, or connections for 
digital online communications without modification of their 
content between or among points specified by the user of 
material of the user's choosing, or for purposes of functions 
(b)(ii) through (iv) a provider or operator of facilities for 
online services (including in cases where network access is 
provided by another provider) or network access.

                    Article 17.12: Final Provisions

    1. Except as otherwise provided in this Chapter, each Party 
shall give effect to the provisions of this Chapter upon the 
date of entry into force of this Agreement.
    2. In those cases in which the full implementation of the 
obligations contained in this Chapter requires a Party to amend 
its domestic legislation or additional financial resources, 
those amendments and financial resources shall be in force or 
available as soon as practicable, and in no event later than:
          (a) two years from the date of entry into force of 
        this Agreement, with respect to the obligations in 
        Article 17.2 on trademarks, Article 17.4(1) 
        through17.4(9) on geographical indications, Article 
        17.9(1), 17.9(3) through 17.9(7) on patents, and 
        Articles 17.5(1) and 17.6(1) on temporary copies;
          (b) four years from the date of entry into force of 
        this Agreement, with respect to the obligations in 
        Article 17.11 on enforcement (including border 
        measures), and Article 17.6(5) with respect to the 
        right of communication to the public, and non-
        interactive digital transmissions, for performers and 
        producers of phonograms; and
          (c) five years from the date of entry into force of 
        this Agreement, with respect to the obligations in 
        Article 17.7(5) on effective technological measures.

                            Chapter Eighteen

                                 Labor

              Article 18.1: Statement of Shared Commitment

    1. The Parties reaffirm their obligations as members of the 
International Labor Organization (ILO) and their commitments 
under the ILO Declaration on Fundamental Principles and Rights 
at Work and its Follow-up (1998). Each Party shall strive to 
ensure that such labor principles and the internationally 
recognized labor rights set forth in Article 18.8 are 
recognized and protected by its domestic law.
    2. Recognizing the right of each Party to establish its own 
domestic labor standards, and to adopt or modify accordingly 
its labor laws, each Party shall strive to ensure that its laws 
provide for labor standards consistent with the internationally 
recognized labor rights set forth in Article 18.8 and shall 
strive to improve those standards in that light.

                Article 18.2: Enforcement of Labor Laws

    1. (a) A Party shall not fail to effectively enforce its 
labor laws, through a sustained or recurring course of action 
or inaction, in a manner affecting trade between the Parties, 
after the date of entry into force of this Agreement.
    (b) The Parties recognize that each Party retains the right 
to exercise discretion with respect to investigatory, 
prosecutorial, regulatory, and compliance matters and to make 
decisions regarding the allocation of resources to enforcement 
with respect to other labor matters determined to have higher 
priorities. Accordingly, the Parties understand that a Party is 
in compliance with subparagraph (a) where a course of action or 
inaction reflects a reasonable exercise of such discretion, or 
results from a bona fide decision regarding the allocation of 
resources.
    2. The Parties recognize that it is inappropriate to 
encourage trade or investment by weakening or reducing the 
protections afforded in domestic labor laws. Accordingly, each 
Party shall strive to ensure that it does not waive or 
otherwise derogate from, or offer to waive or otherwise 
derogate from, such laws in a manner that weakens or reduces 
adherence to the internationally recognized labor rights 
referred to in Article 18.8 as an encouragement for trade with 
the other Party, or as an encouragement for the establishment, 
acquisition, expansion, or retention of an investment in its 
territory.
    3. Nothing in this Chapter shall be construed to empower a 
Party's authorities to undertake labor law enforcement 
activities in the territory of the other Party.

        Article 18.3: Procedural Guarantees and Public Awareness

    1. Each Party shall ensure that persons with a legally 
recognized interest under its law in a particular matter have 
appropriate access to judicial tribunals of general, labor or 
other specific jurisdiction, quasi-judicial tribunals, or 
administrative tribunals, as appropriate, for the enforcement 
of the Party's labor laws.
    2. Each Party shall ensure that its proceedings for the 
enforcement of its labor laws are fair, equitable, and 
transparent.
    3. Each Party shall provide that the parties to such 
proceedings may seek remedies to ensure the enforcement of 
their rights under domestic labor laws.
    4. For greater certainty, decisions by each Party's 
judicial tribunals of general, labor, or other specific 
jurisdiction, quasi-judicial tribunals, or administrative 
tribunals, as appropriate, or pending decisions, as well as 
related proceedings, shall not be subject to revision or 
reopened under the provisions of this Chapter.
    5. Each Party shall promote public awareness of its labor 
laws.

                  Article 18.4: Labor Affairs Council

    1. The Parties hereby establish a Labor Affairs Council, 
comprising cabinet-level or equivalent representatives of the 
Parties, or their designees.
    2. The Council shall meet within the first year after the 
date of entry into force of this Agreement and thereafter as 
often as it considers necessary to oversee the implementation 
of and review progress under this Chapter, including the 
activities of the Labor Cooperation Mechanism established under 
Article 18.5, and to pursue the labor objectives of this 
Agreement. Each meeting of the Council shall include a public 
session, unless the Parties otherwise agree.
    3. Each Party shall designate an office within its labor 
ministry that shall serve as a point of contact with the other 
Party, and with the public, for purposes of carrying out the 
work of the Council.
    4. The Council shall establish its work program and 
procedures and may, in carrying out its work, establish 
governmental working or expert groups and consult with or seek 
advice of non-governmental organizations or persons, including 
independent experts.
    5. All decisions of the Council shall be taken by mutual 
agreement of the Parties and shall be made public, unless the 
Council decides otherwise.
    6. Each Party may convene a national consultative or 
advisory committee, as appropriate, comprising members of its 
public, including representatives of its labor and business 
organizations and other persons to provide views regarding the 
implementation of this Chapter.
    7. Each Party's point of contact shall provide for the 
submission, receipt, and consideration of public communications 
on matters related to this Chapter, and shall make such 
communications available to the other Party and the public. 
Each Party shall review such communications, as appropriate, in 
accordance with its domestic procedures.

               Article 18.5: Labor Cooperation Mechanism

    Recognizing that cooperation provides enhanced 
opportunities for the Parties to promote respect for the 
principles embodied in the ILO Declaration on Fundamental 
Principles and Rights at Work and its Follow-up (1998), 
compliance with ILO Convention 182 Concerning the Prohibition 
and Immediate Action for the Elimination of the Worst Forms of 
Child Labor (1999), and to advance other common commitments, 
the Parties hereby establish a Labor Cooperation Mechanism, as 
set out in Annex 18.5.

                Article 18.6: Cooperative Consultations

    1. A Party may request consultations with the other Party 
regarding any matter arising under this Chapter by delivering a 
written request to the point of contact that the other Party 
has designated under Article 18.4(3).
    2. The Parties shall consult promptly after delivery of the 
request. The requesting Party shall provide specific and 
sufficient information in the request for the other Party to 
respond.
    3. The Parties shall make every attempt to arrive at a 
mutually satisfactory resolution of the matter and may seek 
advice or assistance from any person or body they deem 
appropriate in order to fully examine the matter at issue.
    4. If the Parties fail to resolve a matter through 
consultations, either Party may request that the Council be 
convened to consider the matter by delivering a written request 
to the other Party's point of contact.
    5. The Council shall promptly convene and shall endeavor to 
resolve the matter, including, where appropriate, by consulting 
outside experts and having recourse to such procedures as good 
offices, conciliation, or mediation.
    6. If the matter concerns whether a Party is conforming to 
its obligations under Article 18.2(1)(a), and the Parties have 
failed to resolve the matter within 60 days of a request under 
paragraph 1, the complaining Party may request consultations 
under Article 22.4 (Consultations) or a meeting of the 
Commission under Article 22.5 (Commission--Good Offices, 
Conciliation, and Mediation) and, as provided in Chapter 
Twenty-Two (Dispute Settlement), thereafter have recourse to 
the other provisions of that Chapter.
    7. Neither Party may have recourse to dispute settlement 
under this Agreement for any matter arising under any provision 
of this Chapter other than Article 18.2(1)(a).
    8. Neither Party may have recourse to dispute settlement 
under this Agreement for a matter arising under Article 
18.2(1)(a) without first pursuing resolution of the matter in 
accordance with this Article.

                       Article 18.7: Labor Roster

    1. The Parties shall establish within six months after the 
date of entry into force of this Agreement and maintain a 
roster of up to 12 individuals who are willing and able to 
serve as panelists in disputes arising under Article 
18.2(1)(a). Unless the Parties otherwise agree, four members of 
the roster shall be selected from among individuals who are 
non-Party nationals. Labor roster members shall be appointed by 
mutual agreement of the Parties and may be reappointed. Once 
established, a roster shall remain in effect for a minimum of 
three years, and shall remain in effect thereafter until the 
Parties constitute a new roster.
    2. Labor roster members shall:
          (a) have expertise or experience in labor law or its 
        enforcement, or in the resolution of disputes arising 
        under international agreements;
          (b) be chosen strictly on the basis of objectivity, 
        reliability, and sound judgment;
          (c) be independent of, and not affiliated with or 
        take instructions from, either Party; and
          (d) comply with a code of conduct to be established 
        by the Commission.
    3. Where a Party claims that a dispute arises under Article 
18.2(1)(a), Article 22.9 (Panel Selection) shall apply, except 
that the panel shall be composed entirely of panelists meeting 
the qualifications in paragraph 2.

                       Article 18.8: Definitions

    For purposes of this Chapter:

labor laws means a Party's statutes or regulations, or 
provisions thereof, that are directly related to the following 
internationally recognized labor rights:
          (a) the right of association;
          (b) the right to organize and bargain collectively;
          (c) a prohibition on the use of any form of forced or 
        compulsory labor;
          (d) a minimum age for the employment of children and 
        the prohibition and elimination of the worst forms of 
        child labor; and
          (e) acceptable conditions of work with respect to 
        minimum wages, hours of work, and occupational safety 
        and health.

For greater certainty, the setting of standards and levels in 
respect of minimum wages by each Party shall not be subject to 
obligations under this Chapter. Each Party's obligations under 
this Chapter pertain to enforcing the level of the general 
minimum wage established by that Party.

statutes or regulations means:
          (a) for the United States, acts of the Congress or 
        regulations promulgated pursuant to acts of the 
        Congress that are enforceable by action of the federal 
        government; and
          (b) for Chile, acts or regulations promulgated 
        pursuant to acts that are enforceable by the agency 
        charged with enforcing Chile's labor laws.

                            Chapter Nineteen

                              Environment

Objectives

    The objectives of this Chapter are to contribute to the 
Parties' efforts to ensure that trade and environmental 
policies are mutually supportive and to collaboratively promote 
the optimal use of resources in accordance with the objective 
of sustainable development; and to strive to strengthen the 
links between the Parties' trade and environment policies and 
practices to further the trade expanding goals of this 
Agreement, including through promoting non-discriminatory 
measures, avoiding disguised barriers to trade, and eliminating 
trade distortions where the result can directly benefit both 
trade and the environment.

                   Article 19.1: Levels of Protection

    Recognizing the right of each Party to establish its own 
levels of domestic environmental protection and environmental 
development policies and priorities, and to adopt or modify 
accordingly its environmental laws, each Party shall ensure 
that its laws provide for high levels of environmental 
protection and shall strive to continue to improve those laws.

            Article 19.2: Enforcement of Environmental Laws

    1. (a) A Party shall not fail to effectively enforce its 
environmental laws, through a sustained or recurring course of 
action or inaction, in a manner affecting trade between the 
Parties, after the date of entry into force of this Agreement.
    (b) The Parties recognize that each Party retains the right 
to exercise discretion with respect to investigatory, 
prosecutorial, regulatory, and compliance matters and to make 
decisions regarding the allocation of resources to enforcement 
with respect to other environmental matters determined to have 
higher priorities. Accordingly, the Parties understand that a 
Party is in compliance with subparagraph (a) where a course of 
action or inaction reflects a reasonable exercise of such 
discretion, or results from a bona fide decision regarding the 
allocation of resources.
    2. The Parties recognize that it is inappropriate to 
encourage trade or investment by weakening or reducing the 
protections afforded in domestic environmental laws. 
Accordingly, each Party shall strive to ensure that it does not 
waive or otherwise derogate from, or offer to waive or 
otherwise derogate from, such laws in a manner that weakens or 
reduces the protections afforded in those laws as an 
encouragement for trade with the other Party, or as an 
encouragement for the establishment, acquisition, expansion, or 
retention of an investment in its territory.
    3. Nothing in this Chapter shall be construed to empower a 
Party's authorities to undertake environmental law enforcement 
activities in the territory of the other Party.

               Article 19.3: Environment Affairs Council

    1. The Parties hereby establish an Environment Affairs 
Council comprising cabinet level or equivalent representatives 
of the Parties, or their designees. The Council shall meet once 
a year, or more often if the Parties agree, to discuss the 
implementation of, and progress under, this Chapter. Meetings 
of the Council shall include a public session, unless the 
Parties otherwise agree.
    2. In order to share innovative approaches for addressing 
environmental issues of interest to the public, the Council 
shall ensure a process for promoting public participation in 
its work, including by seeking advice from the public in 
developing agendas for Council meetings and by engaging in a 
dialogue with the public on those issues.
    3. The Council shall seek appropriate opportunities for the 
public to participate in the development and implementation of 
cooperative environmental activities, including through the 
United States-Chile Environmental Cooperation Agreement, as set 
out in Annex 19.3.
    4. All decisions of the Council shall be taken by mutual 
agreement and shall be made public, unless the Council decides 
otherwise, or as otherwise provided in this Agreement.

          Article 19.4: Opportunities for Public Participation

    1. Each Party shall provide for the receipt and 
consideration of public communications on matters related to 
this Chapter. Each Party shall promptly make available to the 
other Party and to its public all communications it receives 
and shall review and respond to them in accordance with its 
domestic procedures.
    2. Each Party shall make best efforts to respond favorably 
to requests for consultations by persons or organizations in 
its territory regarding the Party's implementation of this 
Chapter.
    3. Each Party may convene, or consult an existing, national 
consultative or advisory committee, comprising members of its 
public, including representatives of business and environmental 
organizations, and other persons, to advise it on the 
implementation of this Chapter.

                Article 19.5: Environmental Cooperation

    1. The Parties recognize the importance of strengthening 
capacity to protect the environment and promote sustainable 
development in concert with strengthening trade and investment 
relations between them. The Parties agree to undertake 
cooperative environmental activities, in particular through:
          (a) pursuing, through their relevant ministries or 
        agencies, the specific cooperative projects that the 
        Parties have identified and set out in Annex 19.3; and
          (b) promptly negotiating a United States-Chile 
        Environmental Cooperation Agreement to establish 
        priorities for further cooperative environmental 
        activities, as elaborated in Annex 19.3,
while recognizing the ongoing importance of environmental 
cooperation undertaken outside this Agreement.
    2. Each Party shall take into account public comments and 
recommendations it receives regarding cooperative environmental 
activities the Parties undertake pursuant to this Chapter.
    3. The Parties shall, as they deem appropriate, share 
information on their experiences in assessing and taking into 
account positive or negative environmental effects of trade 
agreements and policies.

               Article 19.6: Environmental Consultations

    1. A Party may request consultations with the other Party 
regarding any matter arising under this Chapter by delivering a 
written request to the other Party.
    2. The Parties shall consult promptly after delivery of the 
request. The requesting Party shall provide specific and 
sufficient information in the request for the other Party to 
respond.
    3. The Parties shall make every attempt to arrive at a 
mutually satisfactory resolution of the matter and may seek 
advice or assistance from any person or body they deem 
appropriate in order to fully examine the matter at issue.
    4. If the Parties fail to resolve the matter through 
consultations, either Party may request that the Council be 
convened to consider the matter by delivering a written request 
to the other Party.
    5. The Council shall promptly convene and shall endeavor to 
resolve the matter, including, where appropriate, by consulting 
governmental or outside experts and having recourse to such 
procedures as good offices, conciliation, or mediation.
    6. If the matter concerns whether a Party is conforming to 
its obligations under Article 19.2(1)(a), and the Parties have 
failed to resolve the matter within 60 days of a request for 
consultations under paragraph 1, the complaining Party may 
request consultations under Article 22.4 (Consultations) or a 
meeting of the Commission under Article 22.5 (Commission--Good 
Offices, Conciliation, and Mediation) and, as provided in 
Chapter Twenty-Two (Dispute Settlement), thereafter have 
recourse to the other provisions of that Chapter.
    7. The Council may, where appropriate, provide information 
to the Commission regarding any consultations held on the 
matter.
    8. Neither Party may have recourse to dispute settlement 
under this Agreement for any matter arising under any provision 
of this Chapter other than Article 19.2(1)(a).
    9. Neither Party may have recourse to dispute settlement 
under this Agreement for a matter arising under Article 
19.2(1)(a) without first pursuing resolution of the matter in 
accordance with this Article.
    10. In cases where the Parties agree that a matter arising 
under this Chapter is more properly covered by another 
agreement to which the Parties are party, they shall refer the 
matter for appropriate action in accordance with that 
agreement.

                    Article 19.7: Environment Roster

    1. The Parties shall establish within six months after the 
date of entry into force of this Agreement and maintain a 
roster of at least 12 individuals who are willing and able to 
serve as panelists in disputes arising under Article 
19.2(1)(a). Unless the Parties otherwise agree, four members of 
the roster shall be selected from among individuals who are 
non-Party nationals. Environment roster members shall be 
appointed by mutual agreement of the Parties, and may be 
reappointed. Once established, a roster shall remain in effect 
for a minimum of three years, and shall remain in effect 
thereafter until the Parties constitute a new roster.
    2. Environment roster members shall:
          (a) have expertise or experience in environmental law 
        or its enforcement, international trade, or the 
        resolution of disputes arising under international 
        trade agreements;
          (b) be chosen strictly on the basis of objectivity, 
        reliability, and sound judgment;
          (c) be independent of, and not affiliated with or 
        take instructions from, either Party; and
          (d) comply with a code of conduct to be established 
        by the Commission.
    3. Where a Party claims that a dispute arises under Article 
19.2(1)(a), Article 22.9 (Panel Selection) shall apply, except 
that:
          (a) where the Parties so agree, the panel shall be 
        composed entirely of panelists meeting the 
        qualifications in paragraph 2; and
          (b) if the Parties cannot so agree, each Party may 
        select panelists meeting the qualifications set out in 
        paragraph 2 or in Article 22.8 (Qualifications of 
        Panelists).

                    Article 19.8: Procedural Matters

    1. Each Party shall ensure that judicial, quasi-judicial, 
or administrative proceedings are available under its law to 
sanction or remedy violations of its environmental laws.
          (a) Such proceedings shall be fair, open, and 
        equitable, and to this end shall comply with due 
        process of law, and be open to the public (except where 
        the administration of justice otherwise requires).
          (b) Each Party shall provide appropriate and 
        effective remedies or sanctions for a violation of its 
        environmental laws that:
                  (i) take into consideration the nature and 
                gravity of the violation, any economic benefit 
                the violator has derived from the violation, 
                the economic condition of the violator, and 
                other relevant factors; and
                  (ii) may include compliance agreements, 
                penalties, fines, imprisonment, injunctions, 
                the closure of facilities, and the cost of 
                containing or cleaning up pollution.
    2. Each Party shall ensure that interested persons may 
request the Party's competent authorities to investigate 
alleged violations of its environmental laws and that the 
competent authorities give such requests due consideration in 
accordance with its law.
    3. Each Party shall ensure that persons with a legally 
recognized interest under its law in a particular matter have 
appropriate access to judicial, quasi-judicial, or 
administrative proceedings for the enforcement of the Party's 
environmental laws.
    4. Each Party shall provide persons appropriate and 
effective rights of access to remedies in accordance with its 
laws, which may include the right:
          (a) to sue another person under that Party's 
        jurisdiction for damages under that Party's 
        environmental laws;
          (b) to seek sanctions or remedies such as monetary 
        penalties, emergency closures, or orders to mitigate 
        the consequences of violations of its environmental 
        laws;
          (c) to request the competent authorities to take 
        appropriate action to enforce the Party's environmental 
        laws in order to protect the environment or to avoid 
        environmental harm; or
          (d) to seek injunctions where a person suffers, or 
        may suffer, loss, damage, or injury as a result of 
        conduct by another person under that Party's 
        jurisdiction contrary to that Party's environmental 
        laws or from tortious conduct that harms human health 
        or the environment.

         Article 19.9: Relationship to Environmental Agreements

    The Parties recognize the importance of multilateral 
environmental agreements, including the appropriate use of 
trade measures in such agreements to achieve specific 
environmental goals. Recognizing that in paragraph 31(i) of the 
Ministerial Declaration adopted on November 14, 2001 in Doha, 
WTO members have agreed to negotiations on the relationship 
between existing WTO rules and specific trade obligations set 
out in multilateral environmental agreements, the Parties shall 
consult on the extent to which the outcome of the negotiations 
applies to this Agreement.

           Article 19.10: Principles of Corporate Stewardship

    Recognizing the substantial benefits brought by 
international trade and investment as well as the opportunity 
for enterprises to implement policies for sustainable 
development that seek to ensure coherence between social, 
economic and environmental objectives, each Party should 
encourage enterprises operating within its territory or 
jurisdiction to voluntarily incorporate sound principles of 
corporate stewardship in their internal policies, such as those 
principles or agreements that have been endorsed by both 
Parties.

                       Article 19.11: Definitions

    For purposes of this Chapter:

environmental law means any statute or regulation of a Party, 
or provision thereof, the primary purpose of which is the 
protection of the environment, or the prevention of a danger to 
human life or health, through:
          (a) the prevention, abatement, or control of the 
        release, discharge, or emission of pollutants or 
        environmental contaminants;
          (b) the control of environmentally hazardous or toxic 
        chemicals, substances, materials, and wastes, and the 
        dissemination of information related thereto; or
          (c) the protection or conservation of wild flora and 
        fauna, including endangered species, their habitat, and 
        specially protected natural areas,
        in the Party's territory, but does not include any 
        statute or regulation, or provision thereof, directly 
        related to worker safety or health.

For greater certainty, environmental law does not include any 
statute or regulation, or provision thereof, the primary 
purpose of which is managing the commercial harvest or 
exploitation, or subsistence or aboriginal harvesting, of 
natural resources.

For purposes of the definition of ``environmental law,'' the 
primary purpose of a particular statutory or regulatory 
provision shall be determined by reference to its primary 
purpose, rather than to the primary purpose of the statute or 
regulation of which it is part.

For the United States, statute or regulation means an act of 
Congress or regulation promulgated pursuant to an act of 
Congress that is enforceable by action of the federal 
government.

For the United States, territory means its territory as set out 
in Annex 2.1 as well as other areas with respect to which it 
exercises sovereignty, sovereign rights, or jurisdiction.

                             Chapter Twenty

                              Transparency

                      Article 20.1: Contact Points

    1. Each Party shall designate a contact point to facilitate 
communications between the Parties on any matter covered by 
this Agreement.
    2. On the request of the other Party, the contact point 
shall identify the office or official responsible for the 
matter and assist, as necessary, in facilitating communication 
with the requesting Party.

                       Article 20.2: Publication

    1. Each Party shall ensure that its laws, regulations, 
procedures, and administrative rulings of general application 
respecting any matter covered by this Agreement are promptly 
published or otherwise made available in such a manner as to 
enable interested persons and the other Party to become 
acquainted with them.
    2. To the extent possible, each Party shall:
          (a) publish in advance any such measure that it 
        proposes to adopt; and
          (b) provide interested persons and the other Party a 
        reasonable opportunity to comment on such proposed 
        measures.

        Article 20.3: Notification and Provision of Information

    1. To the maximum extent possible, each Party shall notify 
the other Party of any proposed or actual measure that the 
Party considers might materially affect the operation of this 
Agreement or otherwise substantially affect the other Party's 
interests under this Agreement.
    2. On request of the other Party, a Party shall promptly 
provide information and respond to questions pertaining to any 
actual or proposed measure, whether or not the other Party has 
been previously notified of that measure.
    3. Any notification or information provided under this 
Article shall be without prejudice as to whether the measure is 
consistent with this Agreement.

                Article 20.4: Administrative Proceedings

    With a view to administering in a consistent, impartial, 
and reasonable manner all measures of general application 
affecting matters covered by this Agreement, each Party shall 
ensure that in its administrative proceedings applying measures 
referred to in Article 20.2 to particular persons, goods, or 
services of the other Party in specific cases that:
          (a) wherever possible, persons of the other Party 
        that are directly affected by a proceeding are provided 
        reasonable notice, in accordance with domestic 
        procedures, when a proceeding is initiated, including a 
        description of the nature of the proceeding, a 
        statement of the legal authority under which the 
        proceeding is initiated, and a general description of 
        any issues in controversy;
          (b) such persons are afforded a reasonable 
        opportunity to present facts and arguments in support 
        of their positions prior to any final administrative 
        action, when time, the nature of the proceeding, and 
        the public interest permit; and
          (c) its procedures are in accordance with domestic 
        law.

                    Article 20.5: Review and Appeal

    1. Each Party shall establish or maintain judicial, quasi-
judicial, or administrative tribunals or procedures for the 
purpose of the prompt review and, where warranted, correction 
of final administrative actions regarding matters covered by 
this Agreement. Such tribunals shall be impartial and 
independent of the office or authority entrusted with 
administrative enforcement and shall not have any substantial 
interest in the outcome of the matter.
    2. Each Party shall ensure that, in any such tribunals or 
procedures, the parties to the proceeding are provided with the 
right to:
          (a) a reasonable opportunity to support or defend 
        their respective positions; and
          (b) a decision based on the evidence and submissions 
        of record or, where required by domestic law, the 
        record compiled by the administrative authority.
    3. Each Party shall ensure, subject to appeal or further 
review as provided in its domestic law, that such decisions 
shall be implemented by, and shall govern the practice of, the 
office or authority with respect to the administrative action 
that is the subject of the decision.

                       Article 20.6: Definitions

    For purposes of this Chapter:

administrative ruling of general application means an 
administrative ruling or interpretation that applies to all 
persons and fact situations that fall generally within its 
ambit and that establishes a norm of conduct but does not 
include:
          (a) a determination or ruling made in an 
        administrative or quasi-judicial proceeding that 
        applies to a particular person, good, or service of the 
        other Party in a specific case; or
          (b) a ruling that adjudicates with respect to a 
        particular act or practice.

                           Chapter Twenty-One

                    Administration of the Agreement

                Article 21.1: The Free Trade Commission

    1. The Parties hereby establish the Free Trade Commission, 
comprising cabinet-level representatives of the Parties or 
their designees.
    2. The Commission shall:
          (a) supervise the implementation of this Agreement;
          (b) oversee the further elaboration of this 
        Agreement;
          (c) seek to resolve disputes that may arise regarding 
        the interpretation or application of this Agreement;
          (d) supervise the work of all committees and working 
        groups established under this Agreement;
          (e) establish the amounts of remuneration and 
        expenses that will be paid to panelists; and
          (f) consider any other matter that may affect the 
        operation of this Agreement.
    3. The Commission may:
          (a) establish and delegate responsibilities to 
        committees and working groups;
          (b) in accordance with Annex 21.1, further the 
        implementation of the Agreement's objectives by 
        approving any modifications of:
                  (i) the Schedules attached to Annex 3.3 
                (Tariff Elimination), by accelerating tariff 
                elimination,
                  (ii) the rules of origin established in Annex 
                4.1 (Specific Rules of Origin),
                  (iii) the Common Guidelines referenced in 
                Article 4.17 (Common Guidelines), and
                  (iv) the Sections of Annex 9.1 (Government 
                Procurement);
          (c) seek the advice of non-governmental persons or 
        groups; and
          (d) take such other action in the exercise of its 
        functions as the Parties may agree.
    4. The Commission shall establish its rules and procedures. 
All decisions of the Commission shall be taken by mutual 
agreement.
    5. The Commission shall convene at least once a year in 
regular session. Regular sessions of the Commission shall be 
chaired successively by each Party.

     Article 21.2: Administration of Dispute Settlement Proceedings

    1. Each Party shall designate an office that shall provide 
administrative assistance to panels established under Chapter 
Twenty-Two (Dispute Settlement) and perform such other 
functions as the Commission may direct.
    2. Each Party shall be responsible for the operation and 
costs of its designated office, and shall notify the Commission 
of the location of its office.

                           Chapter Twenty-Two

                           Dispute Settlement

                       Article 22.1: Cooperation

    The Parties shall at all times endeavor to agree on the 
interpretation and application of this Agreement, and shall 
make every attempt through cooperation and consultations to 
arrive at a mutually satisfactory resolution of any matter that 
might affect its operation.

                   Article 22.2: Scope of Application

    Except as otherwise provided in this Agreement, the dispute 
settlement provisions of this Chapter shall apply:
          (a) with respect to the avoidance or settlement of 
        all disputes between the Parties regarding the 
        interpretation or application of this Agreement;
          (b) wherever a Party considers that a measure of the 
        other Party is inconsistent with the obligations of 
        this Agreement or that the other Party has otherwise 
        failed to carry out its obligations under this 
        Agreement; and
          (c) wherever a Party considers that a measure of the 
        other Party causes nullification or impairment in the 
        sense of Annex 22.2.

                     Article 22.3: Choice of Forum

    1. Where a dispute regarding any matter arises under this 
Agreement and under another free trade agreement to which both 
Parties are party or the WTO Agreement, the complaining Party 
may select the forum in which to settle the dispute.
    2. Once the complaining Party has requested a panel under 
an agreement referred to in paragraph 1, the forum selected 
shall be used to the exclusion of the others.

                      Article 22.4: Consultations

    1. Either Party may request in writing consultations with 
the other Party with respect to any actual or proposed measure 
or any other matter that it considers might affect the 
operation of this Agreement.
    2. The requesting Party shall set out the reasons for the 
request, including identification of the measure or other 
matter at issue and an indication of the legal basis for the 
complaint, and shall deliver the request to the other Party.
    3. Consultations on matters regarding perishable goods 
shall commence within 15 days of the date of delivery of the 
request.
    4. The Parties shall make every attempt to arrive at a 
mutually satisfactory resolution of any matter through 
consultations under this Article or other consultative 
provisions of this Agreement. To this end, the Parties shall:
          (a) provide sufficient information to enable a full 
        examination of how the actual or proposed measure or 
        other matter might affect the operation and application 
        of this Agreement; and
          (b) treat any confidential information exchanged in 
        the course of consultations on the same basis as the 
        Party providing the information.
    5. In consultations under this Article, a Party may request 
the other Party to make available personnel of its government 
agencies or other regulatory bodies who have expertise in the 
matter subject to consultations.

  Article 22.5: Commission--Good Offices, Conciliation, and Mediation

    1. A Party may request in writing a meeting of the 
Commission if the Parties fail to resolve a matter pursuant to 
Article 22.4 within:
          (a) 60 days of delivery of a request for 
        consultations;
          (b) 15 days of delivery of a request for 
        consultations in matters regarding perishable goods; or
          (c) such other period as they may agree.
    2. A Party may also request in writing a meeting of the 
Commission where consultations have been held pursuant to 
Article 18.6 (Cooperative Consultations), Article 19.6 
(Environmental Consultations) or Article 7.8 (Committee on 
Technical Barriers to Trade).
    3. The requesting Party shall state in the request the 
measure or other matter complained of and deliver the request 
to the other Party.
    4. Unless it decides otherwise, the Commission shall 
convene within 10 days of delivery of the request and shall 
endeavor to resolve the dispute promptly. The Commission may:
          (a) call on such technical advisers or create such 
        working groups or expert groups as it deems necessary;
          (b) have recourse to good offices, conciliation, 
        mediation, or such other dispute resolution procedures; 
        or
          (c) make recommendations,
as may assist the Parties to reach a mutually satisfactory 
resolution of the dispute.

              Article 22.6: Request for an Arbitral Panel

    1. If the Parties fail to resolve a matter within:
          (a) 30 days of the Commission convening pursuant to 
        Article 22.5;
          (b) 75 days after a Party has delivered a request for 
        consultations under Article 22.4, if the Commission has 
        not convened pursuant to Article 22.5(4);
          (c) 30 days after a Party has delivered a request for 
        consultations under Article 22.4 in a matter regarding 
        perishable goods, if the Commission has not convened 
        pursuant to Article 22.5(4); or
          (d) such other period as the Parties agree, either 
        Party may request in writing the establishment of an 
        arbitral panel to consider the matter. The requesting 
        Party shall state in the request the measure or other 
        matter complained of and indicate the provisions of 
        this Agreement that it considers relevant, and shall 
        deliver the request to the other Party. An arbitral 
        panel shall be established upon delivery of a request.
    2. Unless the Parties otherwise agree, the panel shall be 
established and perform its functions in a manner consistent 
with the provisions of this Chapter.
    3. Notwithstanding paragraphs 1 and 2, an arbitral panel 
may not be established to review a proposed measure.

                          Article 22.7: Roster

    1. The Parties shall establish within six months of the 
entry into force of this Agreement and maintain a roster of at 
least 20 individuals who are willing and able to serve as 
panelists. Unless the Parties otherwise agree, six roster 
members shall be selected from among individuals who are non-
Party nationals. The roster members shall be appointed by 
mutual agreement of the Parties, and may be reappointed. Once 
established, a roster shall remain in effect for a minimum of 
three years, and shall remain in effect thereafter until the 
Parties constitute a new roster.
    2. Roster members shall:
          (a) have expertise or experience in law, 
        international trade, other matters covered by this 
        Agreement, or the resolution of disputes arising under 
        international trade agreements;
          (b) be chosen strictly on the basis of objectivity, 
        reliability, and sound judgment;
          (c) be independent of, and not be affiliated with or 
        take instructions from, any Party; and
          (d) comply with a code of conduct to be established 
        by the Commission.

               Article 22.8: Qualifications of Panelists

    All panelists shall meet the qualifications set out in 
Article 22.7(2). Individuals may not serve as panelists for a 
dispute in which they have participated pursuant to Article 
22.5(4)(a).

                     Article 22.9: Panel Selection

    1. The Parties shall apply the following procedures in 
selecting a panel:
          (a) the panel shall comprise three members;
          (b) the Parties shall endeavor to agree on the chair 
        of the panel within 15 days of the delivery of the 
        request for the establishment of the panel. If the 
        Parties are unable to agree on the chair within this 
        period, the chair shall be selected by lot within three 
        days from among the roster members who are non-Party 
        nationals;
          (c) within 15 days of selection of the chair, each 
        Party shall select one panelist;
          (d) if a Party fails to select its panelist within 
        such period, the panelist shall be selected by lot 
        within three days from among the roster members who are 
        nationals of the Party; and
          (e) each Party shall endeavor to select panelists who 
        have expertise or experience relevant to the subject 
        matter of the dispute.
    2. Panelists shall normally be selected from the roster. A 
Party may exercise a peremptory challenge against any 
individual not on the roster who is proposed as a panelist by 
the other Party within 15 days after the individual has been 
proposed.
    3. If a Party believes that a panelist is in violation of 
the code of conduct, the Parties shall consult and if they 
agree, the panelist shall be removed and a new panelist shall 
be selected in accordance with this Article.

                   Article 22.10: Rules of Procedure

    1. The Commission shall establish, by the date of entry 
into force of this Agreement, Rules of Procedure, which shall 
ensure:
          (a) a right to at least one hearing before the panel, 
        which, subject to subparagraph (e), shall be open to 
        the public;
          (b) an opportunity for each Party to provide initial 
        and rebuttal submissions;
          (c) that each Party's written submissions, written 
        versions of its oral statement, and written responses 
        to a request or questions from the panel will be made 
        public within 10 days after they are submitted, subject 
        to subparagraph (e);
          (d) that the panel will consider requests from non-
        governmental entities located in the Parties' 
        territories to provide written views regarding the 
        dispute that may assist the panel in evaluating the 
        submissions and arguments of the Parties; and
          (e) the protection of confidential information.
    2. Unless the Parties otherwise agree, the panel shall 
conduct its proceedings in accordance with the Rules of 
Procedure and may, after consulting with the Parties, adopt 
additional procedural rules not inconsistent with the Rules of 
Procedure.
    3. The Commission may modify the Rules of Procedure.
    4. Unless the Parties otherwise agree within 20 days from 
the date of the delivery of the request for the establishment 
of the panel, the terms of reference shall be:
        ``To examine, in the light of the relevant provisions 
        of this Agreement, the matter referenced in the panel 
        request and to make findings, determinations and 
        recommendations as provided in Article 22.12(3) and to 
        deliver the written reports referred to in Articles 
        22.12 and 22.13.''

    5. If the complaining Party wishes to argue that a matter 
has nullified or impaired benefits, the terms of reference 
shall so indicate.
    6. If a Party wishes the panel to make findings as to the 
degree of adverse trade effects on a Party of any measure or 
other matter found not to conform with the obligations of this 
Agreement or to have caused nullification or impairment in the 
sense of Annex 22.2, the terms of reference shall so indicate.

              Article 22.11: Experts and Technical Advice

    1. On request of a Party, or, unless the Parties 
disapprove, on its own initiative, the panel may seek 
information and technical advice, including information and 
technical advice concerning environmental, labor, health, 
safety, or other technical matters raised by a Party in a 
proceeding, from any person or body that it deems appropriate.
    2. Before a panel seeks information or technical advice, it 
shall establish appropriate procedures in consultation with the 
Parties. The panel shall provide the Parties:
          (a) advance notice of, and an opportunity to provide 
        comments to the panel on, proposed requests for 
        information and technical advice pursuant to paragraph 
        1; and
          (b) a copy of any information or technical advice 
        submitted in response to a request pursuant to 
        paragraph 1 and an opportunity to provide comments.
    3. Where the panel takes the information or technical 
advice into account in the preparation of its report, it shall 
also take into account any comments by the Parties on the 
information or technical advice.

                     Article 22.12: Initial Report

    1. Unless the Parties otherwise agree, the panel shall base 
its report on the relevant provisions of this Agreement and the 
submissions and arguments of the Parties.
    2. If the Parties agree, the panel may make recommendations 
for resolution of the dispute.
    3. Unless the Parties otherwise agree, the panel shall, 
within 120 days after the last panelist is selected, present to 
the Parties an initial report containing:
          (a) findings of fact, including any findings pursuant 
        to a request under Article 22.10(6);
          (b) its determination as to whether a Party has not 
        conformed with its obligations under this Agreement or 
        that a Party's measure is causing nullification or 
        impairment in the sense of Annex 22.2, or any other 
        determination requested in the terms of reference; and
          (c) its recommendations, if the Parties have 
        requested them, for resolution of the dispute.
    4. Panelists may furnish separate opinions on matters not 
unanimously agreed.
    5. A Party may submit written comments to the panel on its 
initial report within 14 days of presentation of the report or 
within such other period as the Parties may agree.
    6. After considering any written comments on the initial 
report, the panel may reconsider its report and make any 
further examination it considers appropriate.

                      Article 22.13: Final Report

    1. The panel shall present a final report to the Parties, 
including any separate opinions on matters not unanimously 
agreed, within 30 days of presentation of the initial report, 
unless the Parties otherwise agree. The Parties shall release 
the final report to the public within 15 days thereafter, 
subject to the protection of confidential information.
    2. No panel may, either in its initial report or its final 
report, disclose which panelists are associated with majority 
or minority opinions.

             Article 22.14: Implementation of Final Report

    1. On receipt of the final report of a panel, the Parties 
shall agree on the resolution of the dispute, which normally 
shall conform with the determinations and recommendations, if 
any, of the panel.
    2. If, in its final report, the panel determines that a 
Party has not conformed with its obligations under this 
Agreement or that a Party's measure is causing nullification or 
impairment in the sense of Annex 22.2, the resolution, whenever 
possible, shall be to eliminate the non-conformity or the 
nullification or impairment.\78\
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    \78\ Compensation, the payment of monetary assessments, and the 
suspension of benefits are intended as temporary measures pending the 
elimination of any non-conformity or nullification or impairment that 
the panel has found.
---------------------------------------------------------------------------
    3. Where appropriate, the Parties may agree on a mutually 
satisfactory action plan to resolve the dispute, which normally 
shall conform with the determinations and recommendations, if 
any, of the panel. If the Parties agree on such an action plan, 
the complaining Party may have recourse to Article 22.15(2) or 
Article 22.16(1), as the case may be, only if it considers that 
the Party complained against has failed to carry out the action 
plan.

       Article 22.15: Non-Implementation--Suspension of Benefits

    1. If a panel has made a determination of the type 
described in Article 22.14(2) and the Parties are unable to 
reach agreement on a resolution pursuant to Article 22.14 
within 45 days of receiving the final report, or such other 
period as the Parties agree, the Party complained against shall 
enter into negotiations with the other Party with a view to 
developing mutually acceptable compensation.
    2. If the Parties:
          (a) are unable to agree on compensation within 30 
        days after the period for developing such compensation 
        has begun; or
          (b) have agreed on compensation or on a resolution 
        pursuant to Article 22.14 and the complaining Party 
        considers that the other Party has failed to observe 
        the terms of the agreement,
the complaining Party may at any time thereafter provide 
written notice to the other Party that it intends to suspend 
the application to the other Party of benefits of equivalent 
effect. The notice shall specify the level of benefits that the 
Party proposes to suspend. Subject to paragraph 5, the 
complaining Party may begin suspending benefits 30 days after 
the later of the date on which it provides notice under this 
paragraph or the panel issues its determination under paragraph 
3, as the case may be.
    3. If the Party complained against considers that:
          (a) the level of benefits proposed to be suspended is 
        manifestly excessive; or
          (b) it has eliminated the non-conformity or the 
        nullification or impairment that the panel has found,
it may, within 30 days after the complaining Party provides 
notice under paragraph 2, request that the panel be reconvened 
to consider the matter. The Party complained against shall 
deliver its request in writing to the other Party. The panel 
shall reconvene as soon as possible after delivery of the 
request and shall present its determination to the Parties 
within 90 days after it reconvenes to review a request under 
subparagraph (a) or (b), or within 120 days for a request under 
subparagraphs (a) and (b). If the panel determines that the 
level of benefits proposed to be suspended is manifestly 
excessive, it shall determine the level of benefits it 
considers to be of equivalent effect.
    4. The complaining Party may suspend benefits up to the 
level the panel has determined under paragraph 3 or, if the 
panel has not determined the level, the level the Party has 
proposed to suspend under paragraph 2, unless the panel has 
determined that the Party complained against has eliminated the 
non-conformity or the nullification or impairment.
    5. The complaining Party may not suspend benefits if, 
within 30 days after it provides written notice of intent to 
suspend benefits or, if the panel is reconvened under paragraph 
3, within 20 days after the panel provides its determination, 
the Party complained against provides written notice to the 
other Party that it will pay an annual monetary assessment. The 
Parties shall consult, beginning no later than 10 days after 
the Party complained against provides notice, with a view to 
reaching agreement on the amount of the assessment. If the 
Parties are unable to reach an agreement within 30 days after 
consultations begin, the amount of the assessment shall be set 
at a level, in U.S. dollars, equal to 50 percent of the level 
of the benefits the panel has determined under paragraph 3 to 
be of equivalent effect or, if the panel has not determined the 
level, 50 percent of the level that the complaining Party has 
proposed to suspend under paragraph 2.
    6. Unless the Commission otherwise decides, a monetary 
assessment shall be paid to the complaining Party in U.S. 
currency, or in an equivalent amount of Chilean currency, in 
equal, quarterly installments beginning 60 days after the Party 
complained against gives notice that it intends to pay an 
assessment. Where the circumstances warrant, the Commission may 
decide that an assessment shall be paid into a fund established 
by the Commission and expended at the direction of the 
Commission for appropriate initiatives to facilitate trade 
between the Parties, including by further reducing unreasonable 
trade barriers or by assisting a Party in carrying out its 
obligations under the Agreement.
    7. If the Party complained against fails to pay a monetary 
assessment, the complaining Party may suspend the application 
to the Party complained against of benefits in accordance with 
paragraph 4.
    8. This Article shall not apply with respect to a matter 
described in Article 22.16(1).

         Article 22.16: Non-Implementation in Certain Disputes

    1. If, in its final report, a panel determines that a Party 
has not conformed with its obligations under Article 18.2(1)(a) 
(Enforcement of Labor Laws) or Article 19.2(1)(a) (Enforcement 
of Environmental Laws), and the Parties:
          (a) are unable to reach agreement on a resolution 
        pursuant to Article 22.14 within 45 days of receiving 
        the final report; or
          (b) have agreed on a resolution pursuant to Article 
        22.14 and the complaining Party considers that the 
        other Party has failed to observe the terms of the 
        agreement,
the complaining Party may at any time thereafter request that 
the panel be reconvened to impose an annual monetary assessment 
on the other Party. The complaining Party shall deliver its 
request in writing to the other Party. The panel shall 
reconvene as soon as possible after delivery of the request.
    2. The panel shall determine the amount of the monetary 
assessment in U.S. dollars within 90 days after it reconvenes 
under paragraph 1. In determining the amount of the assessment, 
the panel shall take into account:
          (a) the bilateral trade effects of the Party's 
        failure to effectively enforce the relevant law;
          (b) the pervasiveness and duration of the Party's 
        failure to effectively enforce the relevant law;
          (c) the reasons for the Party's failure to 
        effectively enforce the relevant law;
          (d) the level of enforcement that could reasonably be 
        expected of the Party given its resource constraints;
          (e) the efforts made by the Party to begin remedying 
        the non-enforcement after the final report of the 
        panel, including through the implementation of any 
        mutually agreed action plan; and
          (f) any other relevant factors.
The amount of the assessment shall not exceed 15 million 
dollars annually, adjusted for inflation as specified in Annex 
22.16.
    3. On the date on which the panel determines the amount of 
the monetary assessment under paragraph 2, or at any time 
thereafter, the complaining Party may provide notice in writing 
to the other Party demanding payment of the monetary 
assessment. The monetary assessment shall be payable in U.S. 
currency, or in an equivalent amount of Chilean currency, in 
equal, quarterly, installments beginning 60 days after the 
complaining Party provides such notice.
    4. Assessments shall be paid into a fund established by the 
Commission and shall be expended at the direction of the 
Commission for appropriate labor or environmental initiatives, 
including efforts to improve or enhance labor or environmental 
law enforcement, as the case may be, in the territory of the 
Party complained against, consistent with its law. In deciding 
how to expend monies paid into the fund, the Commission shall 
consider the views of interested persons in the Parties' 
territories.
    5. If the Party complained against fails to pay a monetary 
assessment, the complaining Party may take other appropriate 
steps to collect the assessment or otherwise secure compliance. 
These steps may include suspending tariff benefits under the 
Agreement as necessary to collect the assessment, while bearing 
in mind the Agreement's objective of eliminating barriers to 
bilateral trade and while seeking to avoid unduly affecting 
parties or interests not party to the dispute.

                    Article 22.17: Compliance Review

    1. Without prejudice to the procedures set out in Article 
22.15(3), if the Party complained against considers that it has 
eliminated the non-conformity or the nullification or 
impairment that the panel has found, it may refer the matter to 
the panel by providing written notice to the other Party. The 
panel shall issue its report on the matter within 90 days after 
the Party complained against provides notice.
    2. If the panel decides that the Party complained against 
has eliminated the nonconformity or the nullification or 
impairment, the complaining Party shall promptly reinstate any 
benefits it has suspended under Article 22.15 or 22.16 and the 
Party complained against shall no longer be required to pay any 
monetary assessment it has agreed to pay under Article 22.15(5) 
or that has been imposed on it under Article 22.16(1).

                    Article 22.18: Five-Year Review

    The Commission shall review the operation and effectiveness 
of Articles 22.15 and 22.16 not later than five years after the 
Agreement enters into force, or within six months after 
benefits have been suspended or monetary assessments have been 
imposed in five proceedings initiated under this Chapter, 
whichever occurs first.

  Article 22.19: Referral of Matters from Judicial or Administrative 
                              Proceedings

    1. If an issue of interpretation or application of this 
Agreement arises in any domestic judicial or administrative 
proceeding of a Party that any Party considers would merit its 
intervention, or if a court or administrative body solicits the 
views of a Party, that Party shall notify the other Party. The 
Commission shall endeavor to agree on an appropriate response 
as expeditiously as possible.
    2. The Party in whose territory the court or administrative 
body is located shall submit any agreed interpretation of the 
Commission to the court or administrative body in accordance 
with the rules of that forum.
    3. If the Commission is unable to agree, either Party may 
submit its own views to the court or administrative body in 
accordance with the rules of that forum.

                     Article 22.20: Private Rights

    Neither Party may provide for a right of action under its 
domestic law against the other Party on the ground that a 
measure of the other Party is inconsistent with this Agreement.

             Article 22.21: Alternative Dispute Resolution

    1. Each Party shall, to the maximum extent possible, 
encourage and facilitate the use of arbitration and other means 
of alternative dispute resolution for the settlement of 
international commercial disputes between private parties in 
the free trade area.
    2. To this end, each Party shall provide appropriate 
procedures to ensure observance of agreements to arbitrate and 
for the recognition and enforcement of arbitral awards in such 
disputes.
    3. A Party shall be deemed to be in compliance with 
paragraph 2 if it is a party to and is in compliance with the 
1958 United Nations Convention on the Recognition and 
Enforcement of Foreign Arbitral Awards or the 1975 Inter-
American Convention on International Commercial Arbitration.

                          Chapter Twenty-Three

                               Exceptions

                    Article 23.1: General Exceptions

    1. For purposes of Chapters Three through Seven (National 
Treatment and Market Access for Goods, Rules of Origin and 
Origin Procedures, Customs Administration, Sanitary and 
Phytosanitary Measures, and Technical Barriers to Trade), 
Article XX of GATT 1994 and its interpretive notes are 
incorporated into and made part of this Agreement, mutatis 
mutandis. The Parties understand that the measures referred to 
in Article XX(b) of GATT 1994 include environmental measures 
necessary to protect human, animal, or plant life or health, 
and that Article XX(g) of GATT 1994 applies to measures 
relating to the conservation of living and non-living 
exhaustible natural resources.
    2. For purposes of Chapters Eleven, Thirteen, and Fifteen 
\79\ (Cross-Border Trade in Services, Telecommunications, and 
Electronic Commerce), Article XIV of GATS (including its 
footnotes) is incorporated into and made part of this 
Agreement.\80\ The Parties understand that the measures 
referred to in Article XIV(b) of GATS include environmental 
measures necessary to protect human, animal, or plant life or 
health.
---------------------------------------------------------------------------
    \79\ This Article is without prejudice to whether digital products 
should be classified as goods or services.
    \80\ If Article XIV of GATS is amended, this Article shall be 
amended, as appropriate, after consultations between the Parties.
---------------------------------------------------------------------------

                    Article 23.2: Essential Security

    Nothing in this Agreement shall be construed:
          (a) to require a Party to furnish or allow access to 
        any information the disclosure of which it determines 
        to be contrary to its essential security interests; or
          (b) to preclude a Party from applying measures that 
        it considers necessary for the fulfillment of its 
        obligations under the United Nations Charter with 
        respect to the maintenance or restoration of 
        international peace or security, or the protection of 
        its own essential security interests.

                         Article 23.3: Taxation

    1. Except as set out in this Article, nothing in this 
Agreement shall apply to taxation measures.
    2. Nothing in this Agreement shall affect the rights and 
obligations of either Party under any tax convention. In the 
event of any inconsistency between this Agreement and any such 
convention, that convention shall prevail to the extent of the 
inconsistency. In the case of a tax convention between the 
Parties, the competent authorities under that convention shall 
have sole responsibility for determining whether any 
inconsistency exists between this Agreement and that 
convention.
    3. Notwithstanding paragraph 2:
          (a) Article 3.2 (Market Access--National Treatment) 
        and such other provisions of this Agreement as are 
        necessary to give effect to that Article shall apply to 
        taxation measures to the same extent as does Article 
        III of the GATT 1994; and
          (b) Articles 3.13 (Market Access--Export Taxes) and 
        3.14 (Market Access--Luxury Tax) shall apply to 
        taxation measures.
    4. Subject to paragraph 2:
          (a) Article 11.2 (Cross-Border Trade in Services--
        National Treatment) and Article 12.2 (Financial 
        Services--National Treatment) shall apply to taxation 
        measures on income, capital gains, or on the taxable 
        capital of corporations that relate to the purchase or 
        consumption of particular services, except that nothing 
        in this subparagraph shall prevent a Party from 
        conditioning the receipt or continued receipt of an 
        advantage relating to the purchase or consumption of 
        particular services on requirements to provide the 
        service in its territory; and
          (b) Articles 10.2 (Investment--National Treatment) 
        and 10.3 (Investment--Most-Favored-Nation Treatment), 
        Articles 11.2 (Cross-Border Trade in Services--National 
        Treatment) and 11.3 (Cross-Border Trade in Services--
        Most-Favored Nation Treatment), and Articles 12.2 
        (Financial Services--National Treatment) and 12.3 
        (Financial Services--Most-Favored-Nation Treatment) 
        shall apply to all taxation measures, other than those 
        on income, capital gains, or on the taxable capital of 
        corporations, taxes on estates, inheritances, gifts, 
        and generation-skipping transfers, except that nothing 
        in those Articles shall apply:
          (c) any most-favored-nation obligation with respect 
        to an advantage accorded by a Party pursuant to a tax 
        convention;
          (d) to a non-conforming provision of any existing 
        taxation measure;
          (e) to the continuation or prompt renewal of a non-
        conforming provision of any existing taxation measure;
          (f) to an amendment to a non-conforming provision of 
        any existing taxation measure to the extent that the 
        amendment does not decrease its conformity, at the time 
        of the amendment, with any of those Articles;
          (g) to the adoption or enforcement of any taxation 
        measure aimed at ensuring the equitable or effective 
        imposition or collection of taxes (as permitted by 
        Article XIV(d) of GATS);
          (h) to a provision that conditions the receipt, or 
        continued receipt, of an advantage relating to the 
        contributions to, or income of, pension trusts or 
        pension plans on a requirement that the Party maintain 
        continuous jurisdiction over the pension trust or 
        pension plan; or
          (i) to any excise tax on insurance premiums adopted 
        by Chile to the extent that such tax would, if levied 
        by the United States, be covered by subparagraphs (d), 
        (e), or (f).
    5. Subject to paragraph 2 and without prejudice to the 
rights and obligations of the Parties under paragraph 3, 
Article 10.5(2), (3), and (4) (Investment--Performance 
Requirements) shall apply to taxation measures.
    6. Article 10.9 (Expropriation and Compensation) and 
Article 10.15 (Submission of a Claim to Arbitration) shall 
apply to a taxation measure alleged to be an expropriation or a 
breach of an investment agreement or investment authorization. 
However, no investor may invoke Article 10.9 as the basis of a 
claim where it has been determined pursuant to this paragraph 
that the measure is not an expropriation. An investor that 
seeks to invoke Article 10.9 with respect to a taxation measure 
must first refer to the competent authorities set out in Annex 
23.3 at the time that it gives its notice of intent under 
Article 10.15(4) the issue of whether that taxation measure 
involves an expropriation. If the competent authorities do not 
agree to consider the issue or, having agreed to consider it, 
fail to agree that the measure is not an expropriation within a 
period of six months of such referral, the investor may submit 
its claim to arbitration under Article 10.15.

      Article 23.4: Balance of Payments Measures on Trade in Goods

    Should a Party decide to impose measures for balance of 
payments purposes, it shall do so only in accordance with that 
Party's rights and obligations under GATT 1994, including the 
Declaration on Trade Measures Taken for Balance of Payments 
Purposes (1979 Declaration) and the Understanding on the 
Balance of Payments Provisions of the GATT 1994 (BOP 
Understanding). In adopting such measures, the Party shall 
immediately consult with the other Party and shall not impair 
the relative benefits accorded to the other Party under this 
Agreement.\81\
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    \81\ For greater certainty, this Article applies to balance of 
payments measures imposed on trade in goods.
---------------------------------------------------------------------------

                Article 23.5: Disclosure of Information

    Nothing in this Agreement shall be construed to require a 
Party to furnish or allow access to information the disclosure 
of which would impede law enforcement or would be contrary to 
the Party's law protecting personal privacy or the financial 
affairs and accounts of individual customers of financial 
institutions.

                       Article 23.6: Definitions

    For purposes of this Chapter:

tax convention means a convention for the avoidance of double 
taxation or other international taxation agreement or 
arrangement; and

taxes and taxation measures do not include:
    (a) a customs duty; or
    (b) the measures listed in exceptions (b) and (c) of the 
definition of customs duty.

                          Chapter Twenty-Four

                            Final Provisions

            Article 24.1: Annexes, Appendices, and Footnotes

    The Annexes, Appendices, and footnotes to this Agreement 
constitute an integral part of this Agreement.

                        Article 24.2: Amendments

    1. The Parties may agree on any modification of or addition 
to this Agreement.
    2. When so agreed, and approved in accordance with the 
applicable legal procedures of each Party, a modification or 
addition shall constitute an integral part of this Agreement.

              Article 24.3: Amendment of the WTO Agreement

    If any provision of the WTO Agreement that the Parties have 
incorporated into this Agreement is amended, the Parties shall 
consult on whether to amend this Agreement.

             Article 24.4: Entry into Force and Termination

    1. The entry into force of this Agreement is subject to the 
completion of necessary domestic legal procedures by each 
Party.
    2. This Agreement shall enter into force 60 days after the 
date on which the Parties exchange written notification that 
such procedures have been completed, or after such other period 
as the Parties may agree.
    3. Either Party may terminate this Agreement by written 
notification to the other Party. This Agreement shall expire 
180 days after the date of such notification.

                     Article 24.5: Authentic Texts

    The English and Spanish texts of this Agreement are equally 
authentic.

    In witness whereof, the undersigned, being duly authorized 
by their respective Governments, have signed this Agreement.

    Done at Miami, in duplicate, this sixth day of June, 2003.
=======================================================================


          M. LAW OF THE SEAS AND SELECTED MARITIME LEGISLATION

                                CONTENTS

                                                                   Page

1. Law of the Seas...............................................  1957
      a. Convention on the Territorial Sea and the Contiguous 
          Zone...................................................  1957
      b. Convention on the High Seas.............................  1965
      c. Convention on Fishing and Conservation of the Living 
          Resources of the High Seas.............................  1974
      d. Convention on the Continental Shelf.....................  1982
2. Convention for the Prohibition of Fishing with Long Driftnets 
    in the South Pacific.........................................  1986
3. Inter-American Convention for the Protection of Sea Turtles...  1994
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          Note.--Conventions and agreements referred to by Acts 
        in this section may be researched according to the 
        conventional citations to such materials or by 
        consulting the compilation Treaties and Other 
        International Agreements on Fisheries, Oceanographic 
        Resources, and Wildlife Involving the United States. 
        U.S. Congress. Senate. Committee on Commerce, Science, 
        and Transportation. Prepared by the Congressional 
        Research Service, Library of Congress. Washington, U.S. 
        Govt. Printing Off., 1977 (95th Congress, 1st Session. 
        Committee Print, October 1977).
          See also the Marine Mammal Commission Compendium of 
        Selected Treaties, International Agreements, and Other 
        Relevant Documents on Marine Resources, Wildlife, and 
        the Environment.



                           1. Law of the Seas

      a. Convention on the Territorial Sea and the Contiguous Zone

Done at Geneva, April 29, 1958; Ratification advised by the Senate, May 
 26, 1960; Ratified by the President, March 24, 1961; Ratification of 
 the United States deposited with the Secretary-General of the United 
  Nations, April 12, 1961; Proclaimed by the President, September 8, 
              1964; Entered into force, September 10, 1964

                              Annex I \1\

     CONVENTION ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE \2\

    The States Parties to this Convention have agreed as 
follows:
---------------------------------------------------------------------------
    \1\ The text of the Convention printed herein constituted Annex I 
to the Final Act of the United Nations Conference on the Law of the 
Sea, which was certified by the Legal Counsel, for the Secretary-
General of the United Nations. For a list of states which are parties 
to the Convention, see Department of State publication, Treaties in 
Force.
    \2\ 15 UST 1606; TIAS 5639; 516 UNTS 205.
---------------------------------------------------------------------------

                        Part I--Territorial Sea

                           section i. general

                               Article 1

    1. The sovereignty of a State extends, beyond its land 
territory and its internal waters, to a belt of sea adjacent to 
its coast, described as the territorial sea.
    2. This sovereignty is exercised subject to the provisions 
of these articles and to other rules of international law.

                               Article 2

    The sovereignty of a coastal State extends to the air space 
over the territorial sea as well as to its bed and subsoil.

               section ii. limits of the territorial sea

                               Article 3

    Except where otherwise provided in these articles, the 
normal baseline for measuring the breadth of the territorial 
sea is the low-water line along the coast as marked on large-
scale charts officially recognized by the coastal State.

                               Article 4

    1. In localities where the coast line is deeply indented 
and cut into, or if there is a fringe of islands along the 
coast in its immediate vicinity, the method of straight 
baselines joining appropriate points may be employed in drawing 
the baseline from which the breadth of the territorial sea is 
measured.
    2. The drawing of such baselines must not depart to any 
appreciable extent from the general direction of the coast, and 
the sea areas lying within the lines must be sufficiently 
closely linked to the land domain to be subject to the regime 
of internal waters.
    3. Baselines shall not be drawn to and from low-tide 
elevations, unless lighthouses or similar installations which 
are permanently above sea level have been built on them.
    4. Where the method of straight baselines is applicable 
under the provisions of paragraph 1, account may be taken, in 
determining particular baselines, of economic interests 
peculiar to the region concerned, the reality and the 
importance of which are clearly evidenced by a long usage.
    5. The system of straight baselines may not be applied by a 
State in such a manner as to cut off the high seas the 
territorial sea of another State.
    6. The coastal State must clearly indicate straight 
baselines on charts, to which due publicity must be given.

                               Article 5

    1. Waters on the landward side of the baseline of the 
territorial sea form part of the internal waters of the State.
    2. Where the establishment of a straight baseline in 
accordance with article 4 has the effect of enclosing as 
internal waters areas which previously had been considered as 
part of the territorial sea or of the high seas, a right of 
innocent passage, as provided in articles 14 to 23, shall exist 
in those waters.

                               Article 6

    The outer limit of the territorial sea is the line every 
point of which is at a distance from the nearest point of the 
baseline equal to the breadth of the territorial sea.

                               Article 7

    1. This article relates only to bays the coasts of which 
belong to a single State.
    2. For the purposes of these articles, a bay is a well-
marked indentation whose penetration is in such proportion to 
the width of its mouth as to contain landlocked waters and 
constitute more than a mere curvature of the coast. An 
indentation shall not, however, be regarded as a bay unless its 
area is as large as, or larger than, that of the semi-circle 
whose diameter is a line drawn across the mouth of that 
indentation.
    3. For the purpose of measurement, the area of an 
indentation is that lying between the low-water mark around the 
shore of the indentation and a line joining the low-water marks 
of its natural entrance points. Where, because of the presence 
of islands, an indentation has more than one mouth, the semi-
circle shall be drawn on a line as long as the sum total of the 
lengths of the lines across the different mouths. Islands 
within an indentation shall be included as if they were part of 
the water areas of the indentation.
    4. If the distance between the low-water marks of the 
natural entrance points of a bay does not exceed twenty-four 
miles, a closing line may be drawn between these two low-water 
marks, and the waters enclosed thereby shall be considered as 
internal waters.
    5. Where the distance between the low-water marks of the 
natural entrance points of a bay exceeds twenty-four miles, a 
straight baseline of twenty-four miles shall be drawn within 
the bay in such a manner as to enclose the maximum area of 
water that is possible with a line of that length.
    6. The foregoing provisions shall not apply to so-called 
``historic'' bays, or in any case where the straight baseline 
system provided for in article 4 is applied.

                               Article 8

    For the purpose of delimiting the territorial sea, the 
outermost permanent harbour works which form an integral part 
of the harbour system shall be regarded as forming part of the 
coast.

                               Article 9

    Roadsteads which are normally used for the loading, 
unloading and anchoring of ships, and which would otherwise be 
situated wholly or partly outside the outer limit of the 
territorial sea, are included in the territorial sea. The 
coastal State must clearly demarcate such roadsteads and 
indicate then on charts together with their boundaries, to 
which due publicity must be given.

                               Article 10

    1. An island is a naturally-formed area of land, surrounded 
by water, which is above water at high-tide.
    2. The territorial sea of an island is measured in 
accordance with the provisions of these articles.

                               Article 11

    1. A low-tide elevation is a naturally-formed area of land 
which is surrounded by and above water at low-tide but 
submerged at high-tide. Where a low-tide elevation is situated 
wholly or partly at a distance not exceeding the breadth of the 
territorial sea from the mainland or an island, the low-water 
line on that elevation may be used as the baseline for 
measuring the breadth of the territorial sea.
    2. Where a low-tide elevation is wholly situated at a 
distance exceeding the breadth of the territorial sea from the 
mainland or an island, it has no territorial sea of its own.

                               Article 12

    1. Where the coasts of two States are opposite or adjacent 
to each other, neither of the two States is entitled, failing 
agreement between them to the contrary, to extend its 
territorial sea beyond the median line every point of which is 
equidistant from the nearest points on the baselines from which 
the breadth of the territorial seas of each of the two States 
is measured. The provisions of this paragraph shall not apply, 
however, where it is necessary by reason of historic title or 
other special circumstances to delimit the territorial seas of 
the two States in a way which is at variance with this 
provision.
    2. The line of delimitation between the territorial seas of 
two States lying opposite to each other or adjacent to each 
other shall be marked on large-scale charts officially 
recognized by the coastal States.

                               Article 13

    If a river flows directly into the sea, the baseline shall 
be a straight line across the mouth of the river between points 
on the low-tide line of its banks.

                 section iii. right of innocent passage

              Sub-section A. Rules Applicable to All Ships

                               Article 14

    1. Subject to the provisions of these articles, ships of 
all States, whether coastal or not, shall enjoy the right of 
innocent passage through the territorial sea.
    2. Passage means navigation through the territorial sea for 
the purpose either of traversing that sea without entering 
internal waters, or of proceeding to internal waters, or of 
making for the high seas from internal waters.
    3. Passage includes stopping and anchoring, but only 
insofar as the same are incidental to ordinary navigation or 
are rendered necessary by force majeure or by distress.
    4. Passage is innocent so long as it is not prejudicial to 
the peace, good order or security of the coastal State. Such 
passage shall take place in conformity with these articles and 
with other rules of international law.
    5. Passage of foreign fishing vessels shall not be 
considered innocent if they do not observe such laws and 
regulations as the coastal State may make and publish in order 
to prevent these vessels from fishing in the territorial sea.
    6. Submarines are required to navigate on the surface and 
to show their flag.

                               Article 15

    1. The coastal State must not hamper innocent passage 
through the territorial sea.
    2. The coastal State is required to give appropriate 
publicity to any dangers to navigation, of which it has 
knowledge, within its territorial sea.

                               Article 16

    1. The coastal State may take the necessary steps in its 
territorial sea to prevent passage which is not innocent.
    2. In the case of ships proceeding to internal waters, the 
coastal State shall also have the right to take the necessary 
steps to prevent any breach of the conditions to which 
admission of those ships to those waters in subject.
    3. Subject to the provisions of paragraph 4, the coastal 
State may, without discrimination amongst foreign ships, 
suspend temporarily in specified areas of its territorial sea 
the innocent passage of foreign ships if such suspension is 
essential for the protection of its security. Such suspension 
shall take effect only after having been duly published.
    4. There shall be no suspension of the innocent passage of 
foreign ships through straits which are used for international 
navigation between one part of the high seas and another part 
of the high seas or the territorial sea of a foreign State.

                               Article 17

    Foreign ships exercising the right of innocent passage 
shall comply with the laws and regulations enacted by the 
coastal State in conformity with these articles and other rules 
of international law and, in particular, with such laws and 
regulations relating to transport and navigation.

           Sub-section B. Rules Applicable to Merchant Ships

                               Article 18

    1. No charge may be levied upon foreign ships by reason 
only of their passage through the territorial sea.
    2. Charges may be levied upon a foreign ship passing 
through the territorial sea as payment only for specific 
services rendered to the ship. These charges shall be levied 
without discrimination.

                               Article 19

    1. The criminal jurisdiction of the coastal State should 
not be exercised on board a foreign ship passing through the 
territorial sea to arrest any person or to conduct any 
investigation in connexion with any crime committed on board 
the ship during its passage, save only in the following cases:
          (a) If the consequences of the crime extend to the 
        coastal State; or
          (b) If the crime is of a kind to disturb the peace of 
        the country or the good order of the territorial sea; 
        or
          (c) If the assistance of the local authorities has 
        been requested by the captain of the ship or by the 
        consul of the country whose flag the ship flies; or
          (d) If it is necessary for the suppression of illicit 
        traffic in narcotic drugs.
    2. The above provisions do not affect the right of the 
coastal State, to take any steps authorized by its laws for the 
purpose of an arrest or investigation on board a foreign ship 
passing through the territorial sea after leaving internal 
waters.
    3. In the cases provided for in paragraphs 1 and 2 of this 
article, the coastal State shall, if the captain so requests, 
advise the consular authority of the flag State before taking 
any steps, and shall facilitate contact between such authority 
and the ship's crew. In cases of emergency this notification 
may be communicated while the measures are being taken.
    4. In considering whether or how an arrest should be made, 
the local authorities shall pay due regard to the interest of 
navigation.
    5. The coastal State may not take any steps on board a 
foreign ship passing through the territorial sea to arrest any 
person or to conduct any investigation in connexion with any 
crime committed before the ship entered the territorial sea, if 
the ship, proceeding from a foreign port, is only passing 
through the territorial sea without entering internal waters.

                               Article 20

    1. The coastal State should not stop or divert a foreign 
ship passing through the territorial sea for the purpose of 
exercising civil jurisdiction in relation to a person on board 
the ship.
    2. The coastal State may not levy execution against or 
arrest the ship for the purpose of any civil proceedings, save 
only in respect of obligations or liabilities assumed or 
incurred by the ship itself in the course or for the purpose of 
its voyage through the waters of the coastal State.
    3. The provisions of the previous paragraph are without 
prejudice to the right of the coastal State, in accordance with 
its laws, to levy execution against or to arrest, for the 
purpose of any civil proceedings, a foreign ship lying in the 
territorial sea, or passing through the territorial sea after 
leaving internal waters.

Sub-section C. Rules Applicable to Government Ships Other Than Warships

                               Article 21

    The rules contained in sub-sections A and B shall also 
apply to government ships operated for commercial purposes.

                               Article 22

    1. The rule contained in sub-section A and in article 18 
shall apply to government ships operated for non-commercial 
purposes.
    2. With such exceptions as are contained in the provisions 
referred to in the preceding paragraph, nothing in these 
articles affects the immunities which such ships enjoy under 
these articles or other rules of international law.

               Sub-section D. Rule Applicable to Warships

                               Article 23

    If any warship does not comply with the regulations of the 
coastal State concerning passage through the territorial sea 
and disregards any request for compliance which is made to it, 
the coastal State may require the warship to leave the 
territorial sea.

                        Part II--Contiguous Zone

                               Article 24

    1. In a zone of the high sea contiguous to its territorial 
sea, the coastal State may exercise the control necessary to:
          (a) Prevent infringement of its customs, fiscal, 
        immigration or sanitary regulations within its 
        territory or territorial sea;
          (b) Punish infringement of the above regulations 
        committed within its territory or territorial sea.
    2. The contiguous zone may not extend beyond twelve miles 
from the baseline from which the breadth of the territorial sea 
is measured.
    3. Where the coasts of two States are opposite or adjacent 
to each other, neither of the two States is entitled, failing 
agreement between them to the contrary, to extend its 
contiguous zone beyond the median line every point of which is 
equidistant from the nearest points on the baselines from which 
the breadth of the territorial seas of the two States is 
measured.

                        Part III--Final Articles

                               Article 25

    The provisions of this Convention shall not affect 
conventions or other international agreements already in force, 
as between States Parties to them.

                               Article 26

    This convention shall, until 31 October 1958, be open for 
signature by all States Members of the United Nations or of any 
of the specialized agencies, and by any other State invited by 
the General Assembly of the United Nations to become a Party to 
the Convention.

                               Article 27

    This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the Secretary-General 
of the United Nations.

                               Article 28

    This Convention shall be open for accession by any States 
belonging to any of the categories mentioned in article 26. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article 29

    1. This Convention shall come into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 30

    1. After the expiration of a period of five years from the 
date on which this Convention shall enter into force, a request 
for the revision of this Convention may be made at any time by 
any Contracting Party by means of a notification in writing 
addressed to the Secretary-General of the United Nations.
    2. The General Assembly of the United Nations shall decide 
upon the steps, if any, to be taken in respect of such request.

                               Article 31

    The Secretary-General of the United Nations shall inform 
all States Members of the United Nations and the other States 
referred to in article 26:
          (a) Of signatures to this Convention and of the 
        deposit of instruments of ratification or accession, in 
        accordance with articles 26, 27 and 28;
          (b) Of the date on which this Convention will come 
        into force, in accordance with article 29;
          (c) Of requests for revision in accordance with 
        article 30.

                               Article 32

    The original of this Convention, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in article 26.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed this Convention.

    Done at Geneva, this twenty-ninth day of April one thousand 
nine hundred and fifty-eight.
                     b. Convention on the High Seas

Done at Geneva, April 29, 1958; Ratification advised by the Senate, May 
 26, 1960; Ratified by the President, March 24, 1961; Ratification of 
 the United States deposited with the Secretary-General of the United 
Nations, April 12, 1961; Proclaimed by the President, November 9, 1962; 
                 Entered into force, September 30, 1962

                              Annex II \1\

                    CONVENTION ON THE HIGH SEAS \2\

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ The text of the Convention printed herein constituted Annex II 
to the Final Act of the United Nations Conference on the Law of the 
Sea, which was certified by the Legal Counsel, for the Secretary-
General of the United Nations. For a list of states which are parties 
to the Convention, see Department of State publication, Treaties in 
Force.
    \2\ 13 UST 2312; TIAS 5200; 450 UNTS 82.

    Desiring to codify the rules of international law relating 
---------------------------------------------------------------------------
to the high seas,

    Recognizing that the United Nations Conference on the Law 
of the Sea, held at Geneva from 24 February to 27 April 1958, 
adopted the following provisions as generally declaratory of 
established principles of international law,

    Have agreed as follows:

                               Article 1

    The term ``high seas'' means all parts of the sea that are 
not included in the territorial sea or in the internal waters 
of a State.

                               Article 2

    The High seas being open to all nations, no State may 
validly purport to subject any part of them to its sovereignty. 
Freedom of the high seas is exercised under the conditions laid 
down by these articles and by the other rules of international 
law. It comprises, inter alia, both for coastal and non-coastal 
States:
          (1) Freedom of navigation;
          (2) Freedom of fishing;
          (3) Freedom to lay submarine cables and pipelines;
          (4) Freedom to fly over the high seas.
    These freedoms, and others which are recognized by the 
general principles of international law shall be exercised by 
all States with reasonable regard to the interests of other 
States in their exercise of the freedom of the high seas.

                               Article 3

    1. In order to enjoy the freedom of the seas on equal terms 
with coastal States, States having no sea-coast should have 
free access to the sea. To this end States situated between the 
sea and a State having no sea-coast shall by common agreement 
with the latter and in the conformity with existing 
international convention accord:
          (a) To the State having no sea-coast, on a basis of 
        reciprocity, free transit through their territory; and
          (b) To ships flying the flag of that State treatment 
        equal to that accorded to their own ships, or to the 
        ships of any other States, as regards access to 
        seaports and the use of such ports.
    2. States situated between the sea and a State having no 
sea-coast shall settle, by mutual agreement with the latter, 
and taking into account the rights of the coastal State or 
State of transit and the special conditions of the State having 
no sea-coast, all matters relating to freedom of transit and 
equal treatment in ports, in case such States are not already 
parties to existing international conventions.

                               Article 4

    Every State, whether coastal or not, has the right to sail 
ships under its flag on the high seas.

                               Article 5

    1. Each State shall fix the conditions for the grant of its 
nationality to ships, for the registration of ships in its 
territory, and for the right to fly its flag. Ships have the 
nationality of the State whose flag they are entitled to fly. 
There must exist a genuine link between the State and the ship; 
in particular, the State must effectively exercise its 
jurisdiction and control in administrative, technical and 
social matters over ships flying its flag.
    2. Each State shall issue to ships to which it has granted 
the right to fly its flag documents to that effect.

                               Article 6

    1. Ships shall sail under the flag of one State only and, 
save in exceptional cases expressly provided for in 
international treaties or in these articles, shall be subject 
to its exclusive jurisdiction on the high seas. A ship may not 
change its flag during a voyage or while in a port of call, 
save in the case of a real transfer of ownership or change of 
registry.
    2. A ship which sails under the flags of two or more 
States, using them according to convenience, may not claim any 
of the nationalities in question with respect to any other 
State, and may be assimilated to a ship without nationality.

                               Article 7

    The provision of the preceding articles do not prejudice 
the question of ships employed on the official service of an 
inter-governmental organization flying the flag of the 
organization.

                               Article 8

    1. Warships on the high seas have complete immunity from 
the jurisdiction of any State other than the flag State.
    2. For the purposes of these articles, the term ``warship'' 
means a ship belonging to the naval forces of a State and 
bearing the external marks distinguishing warships of its 
nationality, under the command of an officer duly commissioned 
by the government and whose name appears in the Navy List, and 
manned by a crew who are under regular naval discipline.

                               Article 9

    Ships owned or operated by a State and used only on 
government non-commercial service shall, on the high seas, have 
complete immunity from the jurisdiction of any State other than 
the flag State.

                               Article 10

    1. Every State shall take such measures for ships under its 
flag as are necessary to ensure safety at sea with regard inter 
alia to:
          (a) The use of signals, the maintenance of 
        communications and the prevention of collisions;
          (b) The manning of ships and labour conditions for 
        crews taking into account the applicable international 
        labour instruments;
          (c) The construction, equipment and seaworthiness of 
        ships.
    2. In taking such measures each State is required to 
conform to generally accepted international standards and to 
take any steps which may be necessary to ensure their 
observance.

                               Article 11

    1. In the event of a collision or of any other incident of 
navigation concerning a ship on the high seas, involving the 
penal or disciplinary responsibility of the master or of any 
other person in the service of the ship, no penal or 
disciplinary proceedings may be instituted against such persons 
except before the judicial or administrative authorities either 
of the flag State or of the State of which such person is a 
national.
    2. In disciplinary matters, the State which has issued a 
master's certificate or a certificate of competence or license 
shall alone be competent, after due legal process, to pronounce 
the withdrawal of such certificates, even if the holder is not 
a national of the State which issued them.
    3. No arrest or detention of the ship, even as a measure of 
investigation, shall be ordered by any authorities other than 
those of the flag State.

                               Article 12

    1. Every State shall require the master of a ship sailing 
under its flag, in so far as he can do so without serious 
danger to the ship, the crew, or the passengers,
          (a) To render assistance to any person found at sea 
        in danger of being lost;
          (b) To proceed with all possible speed to the rescue 
        of persons in distress if informed of their need of 
        assistance, in so far as such action may reasonably be 
        expected of him;
          (c) After a collision, to render assistance to the 
        other ship, her crew and her passengers and, where 
        possible to inform the other ship of the name of his 
        own ship, her port of registry and the nearest port at 
        which she will call.
    2. Every coastal State promote the establishment and 
maintenance of an adequate and effective search and rescue 
service regarding safety on and over the sea and--where 
circumstances so require--by way of mutual regional 
arrangements co-operate with neighbouring States for this 
purpose.

                               Article 13

    Every State shall adopt effective measures to prevent and 
punish the transport of slaves in ships authorized to fly its 
flag, and to prevent the unlawful use of its flag for that 
purpose. Any slave taking refuge on board any ship, whatever 
its flag, shall ipso facto be free.

                               Article 14

    All States shall co-operate to the fullest possible extent 
in the repression of piracy on the high seas or in any other 
place outside the jurisdiction of any State.

                               Article 15

    Piracy consists of any of the following acts:
    (1) Any illegal acts of violence, detention or any act 
depredation, committed for private ends by the crew or the 
passengers of a private ship or a private aircraft, and 
directed:
          (a) On the high seas, against another ship or 
        aircraft, or against persons or property on board such 
        ship or aircraft;
          (b) Against a ship, aircraft, persons or property in 
        a place outside the jurisdiction of any State;
    (2) Any act of voluntary participation in the operation of 
a ship or of an aircraft with knowledge of facts making it a 
pirate ship or aircraft;
    (3) Any act of inciting or of intentionally facilitating an 
act described in sub-paragraph 1 or sub-paragraph 2 of this 
article.

                               Article 16

    The acts of piracy, as defined in article 15, committed by 
a warship, government ship or government aircraft whose crew 
has mutinied and taken control of the ship or aircraft are 
assimilated to acts committed by a private ship.

                               Article 17

    A ship or aircraft is considered a pirate ship or aircraft 
if it is intended by the persons in dominant control to be used 
for the purpose of committing one of the acts referred to in 
article 15. The same applies if the ship or aircraft has been 
used to commit any such act, so long as it remains under the 
control of the persons guilty of that act.

                               Article 18

    A ship or aircraft may retain its nationality although it 
has become a pirate ship or aircraft. The retention or loss of 
nationality is determined by the law of the State from which 
such nationality was derived.

                               Article 19

    On the high seas, or in any other place outside the 
jurisdiction of any State, every State may seize a pirate ship 
or aircraft, or a ship taken by piracy and under the control of 
pirates, and arrest the persons and seize the property on 
board. The courts of the State which carried out the seizure 
may decide upon the penalties to be imposed, and may also 
determine the action to be taken with regard to the ships, 
aircraft or property, subject to the rights of third parties 
acting in good faith.

                               Article 20

    Where the seizure of a ship or aircraft on suspicion of 
piracy has been effected without adequate grounds, the State 
making the seizure shall be liable to the State the nationality 
of which is possessed by the ship or aircraft, for any loss or 
damage caused by the seizure.

                               Article 21

    A seizure on account of piracy may only be carried out by 
warships or military aircraft, or other ships or aircraft on 
government service authorized to that effect.

                               Article 22

    1. Except where acts of interference derive from powers 
conferred by treaty, a warship which encounters a foreign 
merchant ship on the high seas is not justified in boarding her 
unless there is reasonable ground for suspecting:
          (a) That the ship is engaged in piracy; or
          (b) That the ship is engaged in the slave trade; or
          (c) That, though flying a foreign flag or refusing to 
        show its flag, the ship is, in reality, of the same 
        nationality as the warship.
    2. In the cases provided for in sub-paragraphs (a), (b) and 
(c) above, the warship may proceed to verify the ship's right 
to fly its flag. To this end, it may send a boat under the 
command of an officer to the suspected ship. If suspicion 
remains after the documents have been checked, it may proceed 
to a further examination on board the ship, which must be 
carried out with all possible consideration.
    3. If the suspicions prove to be unfounded, and provided 
that the ship boarded has not committed any act justifying 
them, it shall be compensated for any loss or damage that may 
have been sustained.

                               Article 23

    1. The hot pursuit of a foreign ship may be undertaken when 
the competent authorities of the coastal State have good reason 
to believe that the ship has violated the laws and regulations 
of that State. Such pursuit must be commenced when the foreign 
ship or one of its boats is within the internal waters or the 
territorial sea or the contiguous zone of the pursuing State, 
and may only be continued outside the territorial sea or the 
contiguous zone if the pursuit has not been interrupted. It is 
not necessary that, at the time when the foreign ship within 
the territorial sea or the contiguous zone receives that order 
to stop, the ship given the order should likewise be within the 
territorial sea or the contiguous zone. If the foreign ship is 
within a contiguous zone, as defined in article 24 of the 
Convention on the Territorial Sea and the Contiguous Zone, the 
pursuit may only be undertaken if there has been a violation of 
the rights for the protection of which the zone was 
established.
    2. The right of hot pursuit ceases as soon as the ship 
pursued enters the territorial sea of its own country or of a 
third State.
    3. Hot pursuit is not deemed to have begun unless the 
pursuing ship has satisfied itself by such practicable means as 
may be available that the ship pursued or one of its boats or 
other craft working as a team and using the ship pursued as a 
mother ship are within the limits of the territorial sea, or as 
the case may be within the contiguous zone. The pursuit may 
only be commenced after a visual or auditory signal to stop has 
been given at a distance which enables it to be seen or heard 
by the foreign ship.
    4. The right of hot pursuit may be exercised only by 
warships or military aircraft, or other ships or aircraft on 
government service specially authorized to that effect.
    5. Where hot pursuit is effected by an aircraft:
          (a) The provisions of paragraph 1 to 3 of this 
        article shall apply mutatis mutandis;
          (b) The aircraft giving the order to stop must itself 
        actively pursue the ship until a ship or aircraft of 
        the coastal State, summoned by the aircraft, arrives to 
        take over the pursuit, unless the aircraft is itself 
        able to arrest the ship. It does not suffice to justify 
        an arrest on the high seas that the ship was merely 
        sighted by the aircraft as an offender or suspected 
        offender, if it was not both ordered to stop and 
        pursued by the aircraft itself or other aircraft or 
        ships which continue the pursuit without interruption.
    6. The release of a ship arrested within the jurisdiction 
of a State and escorted to a port of that State for the 
purposes of an enquiry before the competent authorities may not 
be claimed solely on the ground that the ship, in the course of 
its voyage, was escorted across a portion of the high seas, if 
the circumstances rendered this necessary.
    7. Where a ship has been stopped or arrested on the high 
seas in circumstances which do not justify the exercise of the 
right of hot pursuit, it shall be compensated for any loss or 
damage that may have been thereby sustained.

                               Article 24

    Every State shall draw up regulations to prevent pollution 
of the seas by the discharge of oil from ships or pipelines or 
resulting from the exploitation and exploration of the seabed 
and its subsoil, taking account of existing treaty provisions 
on the subject.

                               Article 25

    1. Every State shall take measures to prevent pollution of 
the seas from the dumping of radioactive waste, taking into 
account any standards and regulations which may be formulated 
by the competent international organizations.
    2. All States shall co-operate with the competent 
international organizations in taking measures for the 
prevention of pollution of the seas or air space above, 
resulting from any activities with radio-active materials or 
other harmful agents.

                               Article 26

    1. All States shall be entitled to lay submarine cables and 
pipelines on the bed of the high seas.
    2. Subject to its right to take reasonable measures for the 
exploration of the continental shelf and the exploitation of 
its natural resources, the coastal State may not impede the 
laying or maintenance of such cables or pipelines.
    3. When laying such cables or pipelines the State in 
question shall pay due regard to cables or pipelines already in 
position on the seabed. In particular, possibilities of 
repairing existing cables or pipelines shall not be prejudiced.

                               Article 27

    Every State shall take the necessary legislative measures 
to provide that the breaking or injury by a ship flying its 
flag or by a person subject to its jurisdiction of a submarine 
cable beneath the high seas done willfully or through culpable 
negligence, in such a manner as to be liable to interrupt or 
obstruct telegraphic or telephonic communications, and 
similarly the breaking or injury of a submarine, pipeline or 
high-voltage power cable shall be a punishable offense. This 
provision shall not apply to any break or injury caused by 
persons who acted merely with the legitimate object of saving 
their lives or their ships, after having taken all necessary 
precautions to avoid such break or injury.

                               Article 28

    Every State shall take the necessary legislative measures 
to provide that, if persons subject to its jurisdiction who are 
the owners of a cable or pipeline beneath the high seas, in 
laying or repairing that cable or pipeline, cause a break in or 
injury to another cable or pipeline, they shall bear the cost 
of the repairs.

                               Article 29

    Every State shall take the necessary legislative measures 
to ensure that the owners of ships who can prove that they have 
sacrificed an anchor, a net or any other fishing gear, in order 
to avoid injuring a submarine cable or pipeline, shall be 
indemnified by the owner of the cable or pipeline, provided 
that the owner of the ship has taken all reasonable 
precautionary measures beforehand.

                               Article 30

    The provisions of this Convention shall not affect 
conventions or other international agreements already in force, 
as between States parties to them.

                               Article 31

    This Convention shall, until October 1958, be open for 
signature by all States Members of the United Nations or of any 
of the specialized agencies, and by any other State invited by 
the General Assembly of the United Nations to become a Party to 
the Convention.

                               Article 32

    This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the Secretary-General 
of the United Nations.

                               Article 33

    This Convention shall be open for accession by any States 
belonging to any of the categories mentioned in article 31. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article 34

    1. This Convention shall come into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 35

    1. After the expiration of a period of five years from the 
date on which this Convention shall enter into force, a request 
for the revision of this Convention may be made at any time by 
any Contracting Party by means of a notification in writing 
addressed to the Secretary-General of the United Nations.
    2. The General Assembly of the United Nations shall decide 
upon the steps, if any, to be taken in respect of such request.

                               Article 36

    The Secretary-General of the United Nations shall inform 
all States Members of the United Nations and the other States 
referred to in article 31:
          (a) Of signatures to this Convention and of the 
        deposit of instruments of ratification or accession, in 
        accordance with articles 31, 32 and 33;
          (b) Of the date on which this Convention will come 
        into force, in accordance with article 34;
          (c) Of requests for revision in accordance with 
        article 35.

                               Article 37

    The original of this Convention, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in article 31.

    In witness whereof the undersigned Plenipotentiaries being 
duly authorized thereto by their respective Governments, have 
signed this Convention.

    Done at Geneva, this twenty-ninth day of April one thousand 
nine hundred and fifty-eight.
 c. Convention on Fishing and Conservation of the Living Resources of 
                             the High Seas

      Done at Geneva, April 29, 1958; Ratification, subject to an 
 understanding, advised by the Senate, May 26, 1960; Ratified, subject 
     to the said understanding, by the President, March 24, 1961; 
    Ratification of the United States, with the said understanding, 
 deposited with the Secretary-General of the United Nations, April 12, 
1961; Proclaimed by the President, March 31, 1966; Entered into force, 
                             March 20, 1966

                             Annex III \1\

 CONVENTION ON FISHING AND CONSERVATION OF THE LIVING RESOURCES OF THE 
                             HIGH SEAS \2\

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ The text of the Convention printed herein constituted Annex III 
of the Final Act of the United Nations Conference of the Law of the Sea 
which was certified by the Legal Counsel, for the Secretary-General of 
the United Nations.
    \2\ 17 UST 138; TIAS 5969; 559 UNTS 285.

    Considering that the development of modern techniques for 
the exploitation of the living resources of the sea, increasing 
man's ability to meet the need of the world's expanding 
population for food, has exposed some of these resources to the 
---------------------------------------------------------------------------
danger of being over-exploited.

    Considering also that the nature of the problems involved 
in the conservation of the living resources of the high seas is 
such that there is a clear necessity that they be solved, 
whenever possible on the basis of international co-operation 
through the concerted action of all the States concerned.

    Have agreed as follows:

                               Article 1

    1. All States have the right for their nationals to engage 
in fishing on the high seas, subject (a) to their treaty 
obligation, (b) to the interests and the rights of coastal 
States as provided for in this Convention, and (c) to the 
provisions contained in the following articles concerning 
conservation of the living resources of the high seas.
    2. All States have the duty to adopt, or to co-operate with 
other States in adopting, such measures for their respective 
nationals as may be necessary for the conservation of the 
living resources of the high seas.

                               Article 2

    As employed in this Convention, the expression 
``conservation of the living resources of the high seas'' means 
the aggregate of the measures rendering possible the optimum 
sustainable yield from those resources so as to secure a 
maximum supply of food and other marine products. Conservation 
programmes should be formulated with a view to securing the 
first place a supply of food for human consumption.

                               Article 3

    A State whose nationals are engaged in fishing any stock or 
stocks of fish or other living marine resources in any area of 
the high seas where the nationals of other States are not thus 
engaged shall adopt, for its own nationals, measures in that 
area when necessary for the purpose of the conservation of the 
living resources affected.

                               Article 4

    1. If the nationals of two or more States are engaged in 
fishing the same stock or stocks of fish or other living marine 
resources in any area or areas of the high seas, these States 
shall, at the request of any of them, enter into negotiations 
with a view to prescribing by agreement for their nationals the 
necessary measures for the conservation of the living resources 
affected.
    2. If the States concerned do not reach agreement within 
twelve months, any of the parties may initiate the procedure 
contemplated by article 9.

                               Article 5

    1. If, subsequent to the adoption of the measures referred 
to in articles 3 and 4, nationals of other States engage in 
fishing the same stock or stocks of fish or other living marine 
resources in any area or areas of the high seas, the other 
States shall apply the measures, which shall not be 
discriminatory in form or in fact, to their own nationals not 
later than seven months after the date on which the measures 
shall have been notified to the Director-General of the Food 
and Agriculture Organization of the United Nations. The 
Director-General shall notify such measures to any State which 
so requests and, in any case, to any State specified by the 
State initiating the measure.
    2. If these other States do not accept the measures so 
adopted and if no agreement can be reached within twelve 
months, any of the interested parties may initiate the 
procedure contemplated by article 9. Subject to paragraph 2 of 
article 10, the measures adopted shall remain obligatory 
pending the decision of the special commission.

                               Article 6

    1. A coastal State has a special interest in the 
maintenance of the productivity of the living resources in any 
area of the high seas adjacent to its territorial sea.
    2. A coastal State is entitled to take part on an equal 
footing in any system of research and regulation for purposes 
of conservation of the living resources of the high seas in 
that area, even though its nationals do not carry on fishing 
there.
    3. A State whose nationals are engaged in fishing in any 
area of the high seas adjacent to the territorial sea of a 
coastal State shall, at the request of that coastal State, 
enter in negotiations with a view to prescribing by agreement 
the measures necessary for the conservation of the living 
resources of the high seas in that area.
    4. A State whose nationals are engaged in fishing in any 
area of the high seas adjacent to the territorial sea of a 
coastal State shall not enforce conservation measures in that 
area which are opposed to those which have been adopted by the 
coastal State, but may enter into negotiations with the coastal 
State with a view to prescribing by agreement the measures 
necessary for the conservation of the living resources of the 
high seas in that area.
    5. If the States concerned do not reach agreement with 
respect to conservation measures within twelve months, any of 
the parties may initiate the procedure contemplated by article 
9.

                               Article 7

    1. Having regard to the provisions of paragraph 1 of 
article 6, any coastal State may, with a view to the 
maintenance of the productivity of the living resources of the 
sea, adopt unilateral measures of conservation appropriate to 
any stock of fish or other marine resources in any area of the 
high seas adjacent to its territorial sea, provided that 
negotiations to that effect with the other States concerned 
have not led to an agreement within six months.
    2. The measures which the coastal State adopts under the 
previous paragraph shall be valid as to other States only if 
the following requirements are fulfilled:
          (a) That there is a need for urgent application of 
        conservation measures in the light of the existing 
        knowledge of the fishery;
          (b) That the measures adopted are based on 
        appropriate scientific findings; and
          (c) That such measures do not discriminate in form or 
        in fact against foreign fishermen.
    3. These measures shall remain in force pending the 
settlement, in accordance with the relevant provisions of this 
Convention, of any disagreement as to their validity.
    4. If the measures are not accepted by the other States 
concerned, any of the parties may initiate the procedure 
contemplated by article 9. Subject to paragraph 2 of article 
10, the measures adopted shall remain obligatory pending the 
decision of the special commission.
    5. The principles of geographical demarcation as defined in 
article 12 of the Convention on the Territorial Sea and the 
Contiguous Zone shall be adopted when coasts of different 
States are involved.

                               Article 8

    1. Any State which, even if its nationals are not engaged 
in fishing in an area of the high seas not adjacent to its 
coast, has a special interest in the conservation of the living 
resources of the high seas in that area, may request the State 
or States whose nationals are engaged in fishing there to take 
the necessary measures of conservation under articles 3 and 4 
respectively, at the same time mentioning the scientific 
reasons which in its opinion make such measures necessary, and 
indicating its special interest.
    2. If no agreement is reached within twelve months, such 
State may initiate the procedure contemplated by article 9.

                               Article 9

    1. Any dispute which may arise between States under 
articles 4, 5, 6, 7, and 8 shall, at the request of any of the 
parties, be submitted for settlement to a special commission of 
five members, unless the parties agree to seek a solution by 
another method of peaceful settlements, as provided for in 
Article 33 of the Charter of the United Nations.
    2. The members of the commission, one of whom shall be 
designated as chairman, shall be named by agreement between the 
States in dispute within three months of the request for 
settlement in accordance with the provisions of this article. 
Failing agreement they shall, upon the request of any State 
party, be named by the Secretary-General of the United Nations, 
within a further three-month period, in consultation with the 
States in dispute and with the President of the International 
Court of Justice and the Director-General of the Food and 
Agriculture Organization of the United Nations, from amongst 
well-qualified persons being nationals of the States not 
involved in the dispute and specializing in legal, 
administrative or scientific questions relating to fisheries, 
depending upon the nature of the dispute to be settled. Any 
vacancy arising after the original appointment shall be filled 
in the same manner as provided for the initial selection.
    3. Any State party to proceedings under these articles 
shall have the right to name one of its nationals to the 
special commission, with the right to participate fully in the 
proceedings on the same footing as a member of the commission 
but without the right to vote or to take part in the writing of 
the commission's decision.
    4. The commission shall determine its own procedure, 
assuring each party to the proceedings a full opportunity to be 
heard and to present its case. It shall also determine how the 
costs and expenses shall be divided between the parties to the 
dispute, failing agreement by the parties on this matter.
    5. The special commission shall render its decision within 
a period of five months from the time it is appointed unless it 
decides, in case of necessity, to extend the time limit for a 
period not exceeding three months.
    6. The special commission shall, in reaching its decisions, 
adhere to these articles and to any special agreements between 
the disputing parties regarding settlement of the dispute.
    7. Decisions of the commission shall be by majority vote.

                               Article 10

    1. The special commission shall, in disputes arising under 
article 7, apply the criteria listed in paragraph 2 of that 
article. In disputes under articles 4, 5, 6 and 8 the 
commission shall apply the following criteria, according to the 
issues involved in the dispute:
          (a) Common to the determination of disputes arising 
        under articles 4, 5 and 6 are the requirements:
                  (i) That scientific findings demonstrate the 
                necessity of conservation measures;
                  (ii) That the specific measures are based on 
                scientific findings and are practicable; and
                  (iii) That the measures do not discriminate, 
                in form or in fact, against fishermen of other 
                States.
          (b) Applicable to the determination of disputes 
        arising under article 8 is the requirement that 
        scientific findings demonstrate the necessity for 
        conservation measures, or that the conservation program 
        is adequate, as the case may be.
    2. The special commission may decide that pending its award 
the measures in dispute shall not be applied, provided that, in 
the case of disputes under article 7, the measures shall only 
be suspended when it is apparent to the commission on the basis 
of prima facie evidence that the need for the urgent 
application of such measures does not exist.

                               Article 11

    The decisions of the special commission shall be binding on 
the States concerned and the provisions of paragraph 2 of 
Article 94 of the Charter of the United Nations shall be 
applicable to those decisions. If the decisions are accompanied 
by any recommendations, they shall receive the greatest 
possible consideration.

                               Article 12

    1. If the factual basis of the award of the special 
commission is altered by substantial changes in the conditions 
of the stock or stocks of fish or other living marine resources 
or in methods of fishing, any of the States concerned may 
request the other States to enter into negotiations with a view 
to prescribing by agreement the necessary modifications in the 
measures of conservation.
    2. If no agreement is reached within a reasonable period of 
time, any of the States concerned may again resort to the 
procedure contemplated by article 9 provided that at least two 
years have elapsed from the original award.

                               Article 13

    1. The regulation of fisheries conducted by means of 
equipment embedded in the floor of the sea in areas of the high 
seas adjacent to the territorial sea of a State may be 
undertaken by that State where such fisheries have long been 
maintained and conducted by its nationals, provided that non-
nationals are permitted to participate in such activities on an 
equal footing with nationals except in areas where such 
fisheries have by long usage been exclusively enjoyed by such 
nationals. Such regulations will not, however, affect the 
general status of the areas as high seas.
    2. In this article, the expression ``fisheries conducted by 
means of equipment embedded in the floor of the sea'' means 
those fisheries using gear with supporting members embedded in 
the sea floor, constructed on a site and left there to operate 
permanently or, if removed, restored each season on the same 
site.

                               Article 14

    In articles 1, 3, 4, 5, 6 and 8, the term ``nationals'' 
means fishing boats or craft of any size having the nationality 
of the State concerned, according to the law of that State, 
irrespective of the nationality of the members of their crews.

                               Article 15

    The Convention shall, until 31 October 1958, be open for 
signature by all States Members of the United Nations or any of 
the specialized agencies, and by any other State invited by the 
General Assembly of the United Nations to become a Party to the 
Convention.

                               Article 16

    This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the Secretary-General 
of the United Nations.

                               Article 17

    This Convention shall be open for accession by any States 
belonging to any of the categories mentioned in article 15. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article 18

    1. This Convention shall come into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 19

    1. At the time of signature, ratification or accession, any 
State may make reservations to articles of the Convention other 
than to articles 6, 7, 9, 10, 11 and 12.
    2. Any Contracting State making a reservation in accordance 
with the preceding paragraph may at any time withdraw the 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.

                               Article 20

    1. After the expiration of a period of five years from the 
date on which this Convention shall enter into force, a request 
for the revision of this Convention may be made at any time by 
any Contracting Party by means of a notification in writing 
addressed to the Secretary-General of the United Nations.
    2. The General Assembly of the United Nations shall decide 
upon the steps, if any, to be taken in respect of such request.

                               Article 21

    The Secretary-General of the United Nations shall inform 
all States Members of the United Nations and the other States 
referred to in article 15:
          (a) Of signatures to this Convention and of the 
        deposit of instruments of ratification or accession, in 
        accordance with articles 15, 16 and 17;
          (b) Of the date on which this Convention will come 
        into force, in accordance with article 18;
          (c) Of requests for revision in accordance with 
        article 20;
          (d) Of reservations to this Convention, in accordance 
        with article 19.

                               Article 22

    The original of this Convention, of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in article 15.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed this Convention.

    Done at Geneva, this twenty-ninth day of April one thousand 
nine hundred and fifty-eight.
                              ----------                              


               RESERVATION AS STATED IN THE PROCLAMATION

    Whereas the Senate of the United States of America by their 
resolution of May 26, 1960, two-thirds of the Senators present 
concurring therein, did advise and consent to the ratification 
of the said Convention subject to the understanding ``that such 
ratification shall not be construed to impair the applicability 
of the principle of `absentention', as defined in paragraph A.1 
of the documents of record in the proceedings of the Conference 
above referred to, identified as A/CONF.13/C.3/L69, 8 April 
1958'';
    Whereas paragraph A.1 of document A/CONF.13/C.3/L69, 8 
April 1958, of the United Nations Conferences on the Law of the 
Sea reads as follows:

          ``Where the nationals of a coastal State, alone or 
        with the nationals of one or more other States, are (a) 
        fishing a stock of fish in an area of the high seas 
        adjacent to the territorial sea of the coastal State 
        with such intensity that an increase in fishing effort 
        will not result in a substantial increase in the yield 
        which can be maintained year after year, and (b) where 
        the maintenance of the current yield, or when possible, 
        the further development of it is dependent upon a 
        conservation programme carried out by those States, 
        involving research and limitations upon the size or 
        quantity of the fish which may be caught, then (c) 
        States whose nationals are not fishing the stock 
        regularly or which have not theretofore done so within 
        a reasonable period of time, shall abstain from fishing 
        such stock, provided, however, that this shall not 
        apply to any coastal State with respect to fishing any 
        stock in waters adjacent to its territorial sea.''
                 d. Convention on the Continental Shelf

Done at Geneva, April 29, 1958; Ratification advised by the Senate, May 
 26, 1960; Ratified by the President, March 24, 1961; Ratification of 
 the United States deposited with the Secretary-General of the United 
  Nations, April 12, 1961; Proclaimed by the President, May 25, 1964; 
                   Entered into force, June 10, 1964

                              Annex IV \1\

                CONVENTION ON THE CONTINENTAL SHELF \2\

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ The text of the convention printed herein constituted Annex IV 
to the Final Act of the United Nations Conference on the Law of the 
Sea, which was certified by the Legal Counsel, for the Secretary-
General of the United Nations.
    \2\ 15 UST 471; TIAS 5578; 499 UNTS 311.

    Have agreed as follows:

                               Article 1

    For the purpose of these articles, the term ``continental 
shelf'' is used as referring (a) to the seabed and subsoil of 
the submarine areas adjacent to the coast but outside the area 
of the territorial sea, to a depth of 200 metres or, beyond 
that limit, to where the depth of the superjacent waters admits 
of the exploitation of the natural resources of the said areas; 
(b) to the seabed and subsoil of similar submarine areas 
adjacent to the coasts of islands.

                               Article 2

    1. The coastal State exercises over the continental shelf 
sovereign rights for the purpose of exploring it and exploiting 
its natural resources.
    2. The rights referred to in paragraph 1 of this article 
are exclusive in the sense that if the coastal State does not 
explore the continental shelf or exploit its natural resources, 
no one may undertake these activities, or make a claim to the 
continental shelf, without the express consent of the coastal 
State.
    3. The rights of the coastal State over the continental 
shelf do not depend on occupation, effective or notional, or on 
any express proclamation.
    4. The natural resources referred to in these articles 
consist of the mineral and other non-living resources of the 
seabed and subsoil together with living organisms belonging to 
sedentary species, that is to say, organisms which, at the 
harvestable stage, either are immobile on or under the seabed 
or are unable to move except in constant physical contact with 
the seabed or the subsoil.

                               Article 3

    The rights of the coastal State over the continental shelf 
do not affect the legal status of the superjacent waters as 
high seas, or that of the airspace above those waters.


                               Article 4

    Subject to its right to take reasonable measures for the 
exploration of the continental shelf and the exploitation of 
its natural resources, the coastal State may not impede the 
laying or maintenance of submarine cables or pipe lines on the 
continental shelf.

                               Article 5

    1. The exploration of the continental shelf and the 
exploitation of its natural resources must not result in any 
unjustifiable interference with navigation, fishing or the 
conservation of the living resources of the sea, nor result in 
any interference with fundamental oceanographic or other 
scientific research carried out with the intention of open 
publication.
    2. Subject to the provisions of paragraphs 1 and 6 of this 
article, the coastal State is entitled to construct and 
maintain or operate on the continental shelf installations and 
other devices necessary for its exploration and the 
exploitation of its natural resources, and to establish safety 
zones around such installations and devices and to take in 
those zones measures necessary for their protection.
    3. The safety zones referred to in paragraph 2 of this 
article may extend to a distance of 500 metres around the 
installations and other devices which have been erected, 
measured from each point of their outer edge. Ships of all 
nationalities must respect these safety zones.
    4. Such installations and devices, though under the 
jurisdiction of the coastal State, do not possess the status of 
islands. They have no territorial sea of their own, and their 
presence does not affect the delimitation of the territorial 
sea of the coastal State.
    5. Due notice must be given of the construction of any such 
installation, and permanent means for giving warning of their 
presence must be maintained. Any installations which are 
abandoned or disused must be entirely removed.
    6. Neither the installations or devices, nor the safety 
zones around them, may be established where interference may be 
caused to the use of recognized sea lanes essential to 
international navigation.
    7. The coastal State is obliged to undertake, in the safety 
zones, all appropriate measures for the protection of the 
living resources of the sea from harmful agents.
    8. The consent of the coastal State shall be obtained in 
respect of any research concerning the continental shelf and 
undertaken there. Nevertheless the coastal State shall not 
normally withhold its consent if the request is submitted by a 
qualified institution with a view to purely scientific research 
into the physical or biological characteristics of the 
continental shelf, subject to the proviso that the coastal 
State shall have the right, if it so desires, to participate or 
to be represented in the research, and that in any event the 
results shall be published.

                               Article 6

    1. Where the same continental shelf is adjacent to the 
territories of two or more States whose coasts are opposite 
each other, the boundary of the continental shelf appertaining 
to such States shall be determined by agreement between them. 
In the absence of agreement, and unless another boundary line 
is justified by special circumstances, the boundary is the 
median line, every point of which is equidistant from the 
nearest points of the baselines from which the breadth of the 
territorial sea of each State is measured.
    2. Where the same continental shelf is adjacent to the 
territories of two adjacent States, the boundary of the 
continental shelf shall be determined by agreement between 
them. In the absence of agreement, and unless another boundary 
line is justified by special circumstances, the boundary shall 
be determined by application of the principle of equidistance 
from the nearest points of the baselines from which the breadth 
of the territorial sea of each State is measured.
    3. In delimiting the boundaries of the continental shelf, 
any lines which are drawn in accordance with the principles set 
out in paragraphs 1 and 2 of this article should be defined 
with reference to charts and geographical features as they 
exist at a particular date, and reference should be made to 
fixed permanent identifiable points on the land.

                               Article 7

    The provisions of these articles shall not prejudice the 
right of the coastal State to exploit the subsoil by means of 
tunnelling irrespective of the depth of water above the 
topsoil.

                               Article 8

    The Convention shall until 31 October 1958, be open for 
signature by all States Members of the United Nations or of any 
of the specialized agencies, and by any other State invited by 
the General Assembly of the United Nations to become a Party to 
the Convention.

                               Article 9

    This Convention is subject to ratification. The instruments 
of ratification shall be deposited with the Secretary-General 
of the United Nations.

                               Article 10

    This Convention shall be open for accession by any States 
belonging to any of the categories mentioned in article 8. The 
instruments of accession shall be deposited with the Secretary-
General of the United Nations.

                               Article 11

    1. This Convention shall come into force on the thirtieth 
day following the date of deposit of the twenty-second 
instrument of ratification or accession with the Secretary-
General of the United Nations.
    2. For each State ratifying or acceding to the Convention 
after the deposit of the twenty-second instrument of 
ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its 
instrument of ratification or accession.

                               Article 12

    1. At the time of signature, ratification or accession, any 
State may make reservations to articles of the Convention other 
than to articles 1 to 3 inclusive.
    2. Any Contracting State making a reservation in accordance 
with the preceding paragraph may at any time withdraw the 
reservation by a communication to that effect addressed to the 
Secretary-General of the United Nations.

                               Article 13

    1. After the expiration of a period of five years from the 
date on which this Convention shall enter into force, a request 
for the revision of this Convention may be made at any time by 
any Contracting Party by means of a notification in writing 
addressed to the Secretary-General of the United Nations.
    2. The General Assembly of the United Nations shall decide 
upon the steps, if any, to be taken in respect of such request.

                               Article 14

    The Secretary-General of the United Nations shall inform 
all States Members of the United Nations and the other States 
referred to in article 8:
          (a) Of signatures to this Convention and of the 
        deposit of instruments of ratification or accession 
        with articles 8, 9 and 10;
          (b) Of the date on which this Convention will come 
        into force, in accordance with article 11;
          (c) Of requests for revision in accordance with 
        article 13; and
          (d) Of reservations to this Convention, in accordance 
        with article 12.

                               Article 15

    The original of this Convention of which the Chinese, 
English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations, who shall send certified copies thereof to all 
States referred to in article 8.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their respective Governments, have 
signed this Convention.

    Done at Geneva, this twenty-ninth day of April one thousand 
nine hundred and fifty-eight.
2. Convention for the Prohibition of Fishing with Long Driftnets in the 
                             South Pacific

  Done at Wellington, November 24, 1989; Entered into force, May 17, 
   1991; Entered into force for the United States, February 28, 1992

 CONVENTION FOR THE PROHIBITION OF FISHING WITH LONG DRIFTNETS IN THE 
                           SOUTH PACIFIC \1\

The Parties to this Convention,

    Recognising the importance of marine living resources to 
the people of the South Pacific region;
---------------------------------------------------------------------------
    \1\ 1899 UNTS 3. For a list of parties to the Convention, see 
Department of State publication Treaties in Force.

    Profoundly concerned  at the damage now being done by 
pelagic driftnet fishing to the albacore tuna resource and to 
---------------------------------------------------------------------------
the environment and economy of the South Pacific region;

    Concerned also for the navigational threat posed by 
driftnet fishing;

    Noting that the increasing fishing capacity induced by 
large scale driftnet fishing threatens the fish stocks in the 
South Pacific;

    Mindful of the relevant rules of international law, 
including the provisions of the United Nations Convention on 
the Law of the Sea done at Montego Bay on 10 December 1982, in 
particular Parts V, VII and XVI;

    Recalling the Declaration of the South Pacific Forum at 
Tarawa, 11 July 1989 that a Convention should be adopted to ban 
the use of driftnets in the South Pacific region;

    Recalling also the Resolution of the 29th South Pacific 
Conference at Guam, which called for an immediate ban on the 
practice of driftnet fishing in the South Pacific Commission 
region;

    Have agreed as follows:

                               Article 1

                              definitions

    For the purposes of this Convention and its Protocols:
          (a) the ``Convention Area'',
                  (i) subject to sub-paragraph (ii) of this 
                paragraph, shall be the area lying within 10 
                degrees North latitude and 50 degrees South 
                latitude and 130 degrees East longitude and 120 
                degrees West longitude, and shall also include 
                all waters under the fisheries jurisdiction of 
                any Party to this Convention.
                  (ii) In the case of a State or Territory 
                which is Party to the Convention by virtue of 
                paragraph 1(b) or 1(c) of Article 10, it shall 
                include only waters under the fisheries 
                jurisdiction of that Party, adjacent to the 
                Territory referred to in paragraph 1(b) or 1(c) 
                of Article 10;
          (b) ``driftnet'' means a gillnet or other net or a 
        combination of nets which is more than 2.5 kilometres 
        in length the purpose of which is to enmesh, entrap or 
        entangle fish by drifting on the surface of or in the 
        water;
          (c) ``driftnet fishing activities'' means:
                  (i) catching, taking or harvesting fish with 
                the use of a driftnet;
                  (ii) attempting to catch, take or harvest 
                fish with the use of a driftnet;
                  (iii) engaging in any other activity which 
                can reasonably be expected to result in the 
                catching, taking or harvesting of fish with the 
                use of a driftnet, including searching for and 
                locating fish to be taken by that method;
                  (iv) any operations at sea in support of, or 
                in preparation for any activity described in 
                this paragraph, including operations of 
                placing, searching for or recovering fish 
                aggregation devices or associated electronic 
                equipment such as radio beacons;
                  (v) aircraft use, relating to the activities 
                described in this paragraph, except for flights 
                in emergencies involving the health or safety 
                of crew members or the safety of a vessel; or
                  (vi) transporting, transhipping and 
                processing any driftnet catch, and cooperation 
                in the provision of food, fuel and other 
                supplies for vessels equipped for or engaged in 
                driftnet fishing;
          (d) the ``FFA'' means the South Pacific Forum 
        Fisheries Agency; and
          (e) ``fishing vessel'' means any vessel or boat 
        equipped for or engaged in searching for, catching, 
        processing or transporting fish or other marine 
        organisms.

                               Article 2

                measures regarding nationals and vessels

    Each Party undertakes to prohibit its nationals and vessels 
documented under its laws from engaging in driftnet fishing 
activities within the Convention Area.

                               Article 3

              measures against driftnet fishing activities

    (1) Each Party undertakes:
          (a) not to assist or encourage the use of driftnets 
        within the Convention Area; and
          (b) to take measures consistent with international 
        law to restrict driftnet fishing activities within the 
        Convention Area, including but not limited to:
                  (i) prohibiting the use of driftnets within 
                areas under its fisheries jurisdiction; and
                  (ii) prohibiting the transhipment of driftnet 
                catches within areas under its jurisdiction.
    (2) Each Party may also take measures consistent with 
international law to:
          (a) prohibit the landing of driftnet catches within 
        its territory;
          (b) prohibit the processing of driftnet catches in 
        facilities under its jurisdiction;
          (c) prohibit the importation of any fish or fish 
        product, whether processed or not, which was caught 
        using a driftnet;
          (d) restrict port access and port servicing 
        facilities for driftnet fishing vessels; and
          (e) prohibit the possession of driftnets on board any 
        fishing vessel within areas under its fisheries 
        jurisdiction.
    (3) Nothing in this Convention shall prevent a Party from 
taking measures against driftnet fishing activities which are 
stricter than those required by the Convention.

                               Article 4

                              enforcement

    (1) Each Party shall take appropriate measures to ensure 
the application of the provisions of this Convention.
    (2) The Parties undertake to collaborate to facilitate 
surveillance and enforcement of measures taken by Parties 
pursuant to this Convention.
    (3) The Parties undertake to take measures leading to the 
withdrawal of good standing on the Regional Register of Foreign 
Fishing Vessels maintained by the FFA against any vessel 
engaging in driftnet fishing activities.

                               Article 5

                     consultation with non-parties

    (1) The Parties shall seek to consult with any State which 
is eligible to become a Party to this Convention on any matter 
relating to driftnet fishing activities which appear to affect 
adversely the conservation of marine living resources within 
the Convention Area or the implementation of the Convention or 
its Protocols.
    (2) The Parties shall seek to reach agreement with any 
State referred to in paragraph 1 of this Article, concerning 
the prohibitions established pursuant to Articles 2 and 3.

                               Article 6

                       institutional arrangements

    (1) The FFA shall be responsible for carrying out the 
following functions:
          (a) the collection, preparation and dissemination of 
        information on driftnet fishing activities within the 
        Convention Area;
          (b) the facilitation of scientific analyses on the 
        effects of driftnet fishing activities within the 
        Convention Area, including consultations with 
        appropriate regional and international organisations; 
        and
          (c) The preparation and transmission to the Parties 
        of an annual report on any driftnet fishing activities 
        within the Convention Area and the measures taken to 
        implement this Convention or its Protocols.
    (2) Each Party shall expeditiously convey to the FFA:
          (a) information on the measures adopted by it 
        pursuant to the implementation of the Convention; and
          (b) information on, and scientific analyses on the 
        effects of, driftnet fishing activities relevant to the 
        Convention Area.
    (3) All Parties, including States or Territories not 
members of the FFA and the FFA shall cooperate to promote the 
effective implementation of this Article.

                               Article 7

                 review and consultation among parties

    (1) Without prejudice to the conduct of consultations among 
Parties by other means, the FFA, at the request of three 
Parties, shall convene meetings of the Parties to review the 
implementation of this Convention and its Protocols.
    (2) Parties to the Protocols shall be invited to any such 
meeting and to participate in a manner to be determined by the 
Parties to the Convention.

                               Article 8

                  conservation and management measures

    Parties to this Convention shall cooperate with each other 
and with appropriate distant water fishing nations and other 
entities or organisations in the development of conservation 
and management measures for South Pacific albacore tuna within 
the Convention Area.

                               Article 9

                               protocols

    This Convention may be supplemented by Protocols or 
associated instruments to further its objectives.

                               Article 10

                 signature, ratification and accession

    (1) This Convention shall be open for signature by:
          (a) any member of the FFA; and
          (b) any State in respect of any Territory situated 
        within the Convention Area for which it is 
        internationally responsible; or
          (c) any Territory situated within the Convention Area 
        which has been authorised to sign the Convention and to 
        assume rights and obligations under it by the 
        Government of the State which is internationally 
        responsible for it.
    (2) This Convention is subject to ratification by members 
of the FFA and the other States and Territories referred to in 
paragraph 1 of this Article. The instruments of ratification 
shall be deposited with the Government of New Zealand which 
shall be the Depositary.
    (3) This Convention shall remain open for accession by the 
members of the FFA and the other States and Territories 
referred to in paragraph 1 of this Article. The instruments of 
accession shall be deposited with the Depositary.

                               Article 11

                              reservations

    This Convention shall not be subject to reservations.

                               Article 12

                               amendments

    (1) Any Party may propose amendments to this Convention.
    (2) Amendments shall be adopted by consensus among the 
Parties.
    (3) Any amendments adopted shall be submitted by the 
Depositary to all Parties for ratification, approval or 
acceptance.
    (4) An amendment shall enter into force thirty days after 
receipt by the Depositary of instruments of ratification, 
approval or acceptance from all Parties.

                               Article 13

                            entry into force

    (1) This Convention shall enter into force on the date of 
deposit of the fourth instrument of ratification or accession.
    (2) For any member of the FFA or a State or Territory which 
ratifies or accedes to this Convention after the date of 
deposit of the fourth instrument of ratification or accession, 
the Convention shall enter into force on the date of deposit of 
its instrument of ratification or accession.

                               Article 14

                     certification and registration

    (1) The original of this Convention and its Protocols shall 
be deposited with the Depositary, which shall transmit 
certified copies to all States and Territories eligible to 
become Party to the Convention and to all States eligible to 
become Party to a Protocol to the Convention.
    (2) The Depositary shall register this Convention and its 
Protocols in accordance with Article 102 of the Charter of the 
United Nations.

    Done at Wellington this twenty-fourth day of November 1989 
in the English and French languages, each text being equally 
authentic.

    In witness whereof the undersigned, being duly authorised 
by their Governments, have signed this Convention.

                               protocol i

    The Parties to this Protocol,

    Noting the provisions of the Convention for the Prohibition 
of Fishing with Long driftnets in the South Pacific (``the 
Convention'')

    Have agreed as follows:

                               Article 1

                     application of the convention

    Nothing in this Protocol shall affect or prejudice the 
views or positions of any Party with respect to the law of the 
sea.

                               Article 2

                measures regarding nationals and vessels

    Each Party undertakes to prohibit its nationals and fishing 
vessels documented under its laws from using driftnets within 
the Convention Area.

                               Article 3

                      transmission of information

    Each Party shall expeditiously convey to the FFA:
          (a) information on the measures adopted by it 
        pursuant to the implementation of this Protocol; and
          (b) information on, and scientific analyses on the 
        effects of, driftnet fishing activities relevant to the 
        Convention Area.

                               Article 4

                  conservation and management measures

    Parties to this Protocol shall cooperate with Parties to 
the Convention in the development of conservation and 
management measures for South Pacific albacore tuna within the 
Convention Area.

                               Article 5

                              enforcement

    Each Party shall take appropriate measures to ensure the 
application of the provisions of this Protocol.

                               Article 6

                               withdrawal

    At any time after three years from the date on which this 
Protocol has entered into force for a Party, that Party may 
withdraw from the Protocol by giving written notice to the 
Depositary. The Depositary shall immediately inform all Parties 
to the Convention or its Protocols of receipt of a withdrawal 
notice. Withdrawal shall take effect one year after receipt of 
such notice by the Depositary.

                               Article 7

                             final clauses

    (1) This Protocol shall be open for signature by any State 
whose nationals or fishing vessels documented under its laws 
fish within the Convention Area or by any other State invited 
to sign by the Parties to the Convention.
    (2) This Protocol shall be subject to ratification. 
Instruments of ratification shall be deposited with the 
Government of New Zealand, which shall be the Depositary.
    (3) This Protocol shall enter into force for each State on 
the date of deposit of its instrument of ratification with the 
Depositary.
    (4) This Protocol shall not be subject to reservations.

    Done at Noumea this twentieth day of October 1990.

    In witness whereof the undersigned, being duly authorised 
by their Governments, have signed this Protocol.

                              protocol ii

    The Parties to this Protocol,

    Noting the provisions of the Convention for the Prohibition 
of Fishing with Long driftnets in the South Pacific (``the 
Convention'')

    Have agreed as follows:

                               Article 1

                     application of the convention

    Noting in this Protocol shall affect or prejudice the views 
or positions of any Party with respect to the law of the sea.

                               Article 2

                measures regarding nationals and vessels

    Each Party undertakes to prohibit its nationals and fishing 
vessels documented under its laws from using driftnets within 
the Convention Area.

                               Article 3

              measures against driftnet fishing activities

    (1) Each Party undertakes:
          (a) not to assist or encourage the use of driftnets 
        within the Convention Area; and
          (b) to take measures consistent with international 
        law to restrict driftnet fishing activities, including 
        but not limited to:
                  (i) prohibiting the use of driftnets within 
                areas under its fisheries jurisdiction; and
                   (ii) prohibiting the transhipment of 
                driftnet catches within areas under its 
                jurisdiction.
    (2) Each Party may also take measures consistent with 
international law to:
          (a) prohibit the landing of driftnet catches within 
        its territory;
          (b) prohibit the processing of driftnet catches in 
        facilities under its jurisdiction;
          (c) prohibit the importation of any fish or fish 
        product, whether processed or not, which was caught 
        using a driftnet;
          (d) restrict port access and port servicing 
        facilities for driftnet fishing vessels; and
          (e) prohibit the possession of driftnets on board any 
        fishing vessel within areas under its fisheries 
        jurisdiction.
    (3) Nothing in this Protocol shall prevent a Party from 
taking measures consistent with international law against 
driftnet fishing activities which are stricter than those 
required by the Protocol.

                               Article 4

                      transmission of information

    Each Party shall expeditiously convey to the FFA:
          (a) information on the measures adopted by it 
        pursuant to the implementation of this Protocol; and
          (b) information on, and scientific analyses on the 
        effects of, driftnet fishing activities relevant to the 
        Convention Area.

                               Article 5

                              enforcement

    Each Party shall take appropriate measures to ensure the 
application of the provisions of this Protocol.

                               Article 6

                               withdrawal

    At any time after three years from the date on which this 
Protocol has entered into force for a Party, that Party may 
withdraw from the Protocol by giving written notice to the 
Depositary. The Depositary shall immediately inform all Parties 
to the Convention or its Protocols of receipt of a withdrawal 
notice. Withdrawal shall take effect one year after receipt of 
such notice by the Depositary.

                               Article 7

                             final clauses

    (1) This Protocol shall be open for signature by any State 
the waters under the jurisdiction of which are contiguous with 
or adjacent to the Convention Area or by any other State 
invited to sign by the Parties to the Convention.
    (2) This Protocol shall be subject to ratification. 
Instruments of ratification shall be deposited with the 
Government of New Zealand, which shall be the Depositary.
    (3) This Protocol shall enter into force for each State on 
the date of deposit of its instruments of ratification with the 
Depositary.
    (4) This Protocol shall not be subject to reservations.

    Done at Noumea this twentieth day of October 1990.

    In witness whereof the undersigned, being duly authorised 
by their Governments, have signed this Protocol.
     3. Inter-American Convention for the Protection of Sea Turtles

  Done at Caracas, Venezuela, December 1, 1996; Signed by the United 
    States of America, subject to ratification, December 13, 1996; 
 Ratification advised by the Senate, September 20, 2000; Entered into 
                           force, May 2, 2001

 Inter-American Convention for the Protection and Conservation of Sea 
                                Turtles

                                Preamble

    The Parties to this Convention:

    Recognizing the rights and duties of States established in 
international law, as reflected in the United Nations 
Convention on the Law of the Sea of 10 December 1982, relating 
to the conservation and management of living marine resources;

    Inspired by the principles contained in the 1992 Rio 
Declaration on Environment and Development;

    Considering the principles and recommendations set forth in 
the Code of Conduct for Responsible Fishing adopted by the 
Conference of the Food and Agriculture Organization (FAO) of 
the United Nations in its 28th Session (1995);

    Recalling that Agenda 21, adopted in 1992 by the United 
Nations Conference on Environment and Development, recognizes 
the need to protect and restore endangered marine species and 
to conserve their habitats;

    Understanding that, in accordance with the best available 
scientific evidence, species of sea turtles in the Americas are 
threatened or endangered, and that some of these species may 
face an imminent risk of extinction;

    Acknowledging the importance of having the States in the 
Americas adopt an agreement to address this situation through 
an instrument that also facilitates the participation of States 
from other regions interested in the worldwide protection and 
conservation of sea turtles, taking into account the widely 
migratory nature of these species;

    Recognizing that sea turtles are subject to capture, injury 
or mortality as a direct or indirect result of human-related 
activities;

    Considering that coastal zone management measures are 
indispensable for protecting populations of sea turtles and 
their habitats;

    Recognizing the individual environmental, socio-economic 
and cultural conditions in the States in the Americas;

    Recognizing that sea turtles migrate widely throughout 
marine areas and that their protection and conservation require 
cooperation and coordination among States within the range of 
such species;

    Recognizing also the programs and activities that certain 
States are currently carrying out for the protection and 
conservation of sea turtles and their habitats;

    Desiring to establish, through this Convention, appropriate 
measures for the protection and conservation of sea turtles 
throughout their range in the Americas, as well as their 
habitats;

    Have agreed as follows:

                               Article I

                              Definitions

    For the purposes of this Convention:
          1. ``Sea turtle'' means any of the species listed in 
        Annex I.
          2. ``Sea turtle habitats'' means all those aquatic 
        and terrestrial environments which sea turtles use at 
        any stage of their life cycles.
          3. ``Parties'' means States which have consented to 
        be bound by this Convention and for which this 
        Convention is in force.
          4. ``States in the Americas'' means the States of 
        North, Central and South America and the Caribbean Sea, 
        as well as other States that have continental or 
        insular territories in this region.

                               Article II

                               Objective

    The objective of this Convention is to promote the 
protection, conservation and recovery of sea turtle populations 
and of the habitats on which they depend, based on the best 
available scientific evidence, taking into account the 
environmental, socioeconomic and cultural characteristics of 
the Parties.

                              Article III

                 Area of Application of the Convention

    The area of application of this Convention (the Convention 
Area) comprises the land territory in the Americas of each of 
the Parties, as well as the maritime areas of the Atlantic 
Ocean, the Caribbean Sea and the Pacific Ocean, with respect to 
which each of the Parties exercises sovereignty, sovereign 
rights or jurisdiction over living marine resources in 
accordance with international law, as reflected in the United 
Nations Convention on the Law of the Sea.

                               Article IV

                                Measures

    1. Each Party shall take appropriate and necessary 
measures, in accordance with international law and on the basis 
of the best available scientific evidence, for the protection, 
conservation and recovery of sea turtle populations and their 
habitats:
          a. In its land territory and in maritime areas with 
        respect to which it exercises sovereignty, sovereign 
        rights or jurisdiction included within the Convention 
        Area; and
          b. Notwithstanding Article III, with respect to 
        vessels on the high seas that are authorized to fly its 
        flag.
    2. Such measures shall include:
          a. The prohibition of the intentional capture, 
        retention or killing of, and domestic trade in, sea 
        turtles, their eggs, parts or products;
          b. Compliance with the obligations established under 
        the Convention on International Trade in Endangered 
        Species of Wild Fauna and Flora relating to sea 
        turtles, their eggs, parts or products;
          c. To the extent practicable, the restriction of 
        human activities that could seriously affect sea 
        turtles, especially during the periods of reproduction, 
        nesting and migration;
          d. The protection, conservation and, if necessary, 
        the restoration of sea turtle habitats and nesting 
        areas, as well as the establishment of necessary 
        restrictions on the use of such zones, including the 
        designation of protected areas, as provided in Annex 
        II;
          e. The promotion of scientific research relating to 
        sea turtles and their habitats, as well as to other 
        relevant matters that will provide reliable information 
        useful for the adoption of the measures referred to in 
        this Article;
          f. The promotion of efforts to enhance sea turtle 
        populations, including research into the experimental 
        reproduction, raising and reintroduction of sea turtles 
        into their habitats in order to determine the 
        feasibility of these practices to increase populations, 
        without putting sea turtles at risk;
          g. The promotion of environmental education and 
        dissemination of information in an effort to encourage 
        the participation of government institutions, 
        nongovernmental organizations and the general public of 
        each State, especially those communities that are 
        involved in the protection, conservation and recovery 
        of sea turtle populations and their habitats;
          h. The reduction, to the greatest extent practicable, 
        of the incidental capture, retention, harm or mortality 
        of sea turtles in the course of fishing activities, 
        through the appropriate regulation of such activities, 
        as well as the development, improvement and use of 
        appropriate gear, devices or techniques, including the 
        use of turtle excluder devices (TEDs) pursuant to the 
        provisions of Annex III, and the corresponding 
        training, in keeping with the principle of the 
        sustainable use of fisheries resources; and
          i. Any other measure, in accordance with 
        international law, which the Parties deem appropriate 
        to achieve the objective of this Convention.
    3. With respect to such measures:
          a. Each Party may allow exceptions to Paragraph 2(a) 
        to satisfy economic subsistence needs of traditional 
        communities, taking into account the recommendations of 
        the Consultative Committee established pursuant to 
        Article VII, provided that such exceptions do not 
        undermine efforts to achieve the objective of this 
        Convention. In making its recommendations, the 
        Consultative Committee shall consider, inter alia, the 
        status of the sea turtle populations in question, the 
        views of any Party regarding such populations, impacts 
        on such populations on a regional level, and methods 
        used to take the eggs or turtles to cover such needs;
          b. A Party allowing such an exception shall:
                  (i) establish a management program that 
                includes limits on levels of intentional 
                taking;
                  (ii) include in its Annual Report, referred 
                to in Article XI, information concerning its 
                management program;
          c. Parties may establish, by mutual agreement, 
        bilateral, subregional or regional management plans.
          d. The Parties may, by consensus, approve exceptions 
        to the measures set forth in paragraph 2(c)-(i) to 
        account of circumstances warranting special 
        consideration, provided that such exceptions do not 
        undermine the objective of this Convention.
    4. When an emergency situation is identified that 
undermines efforts to achieve the objective of this Convention 
and that requires collective action, the Parties shall consider 
the adoption of appropriate and adequate measures to address 
the situation. These measures shall be of a temporary nature 
and shall be based on the best available scientific evidence.

                               Article V

                        Meetings of the Parties

    1. For the first three years following the entry into force 
of this Convention, the Parties shall hold an ordinary meeting 
at least once per year to consider matters pertaining to the 
implementation of the provisions of this Convention. Following 
that, the Parties shall hold ordinary meetings at least once 
every two years.
    2. The Parties may also hold extraordinary meetings when 
deemed necessary. These meetings shall be convened at the 
request of any Party, provided that such request is supported 
by a majority of the Parties.
    3. At such meetings, the Parties shall, among other things:
          a. Evaluate compliance with the provisions of this 
        Convention;
          b. Examine the reports and consider the 
        recommendations of the Consultative Committee and the 
        Scientific Committee, established pursuant to Articles 
        VII and VIII, regarding the implementation of this 
        Convention;
          c. Adopt such additional conservation and management 
        measures as deemed appropriate to achieve the objective 
        of this Convention. If the Parties consider it 
        necessary, such measures may be included in an Annex to 
        this Convention;
          d. Consider, and as necessary adopt, amendments to 
        this Convention, in accordance with Article XXIV.
          e. Review reports of the Secretariat, if established, 
        relating to its budget and activities.
    4. At their first meeting, the Parties shall adopt rules of 
procedure for meetings of the Parties as well as for meetings 
of the Consultative Committee and the Scientific Committee, and 
shall consider other matters relating to those committees.
    5. Decisions reached at meetings of the Parties shall be 
adopted by consensus.
    6. The Parties may invite other interested States, relevant 
international organizations, as well as the private sector, 
scientific institutions and nongovernmental organizations with 
recognized expertise in matters pertaining to this Convention 
to attend their meetings as observers and to participate in 
activities under this Convention.

                               Article VI

                              Secretariat

    1. At their first meeting, the Parties shall consider the 
establishment of a Secretariat with the following functions:
          a. Providing assistance in convening and organizing 
        the meetings specified in Article V;
          b. Receiving from the Parties the annual reports 
        referred to in Article XI and placing them at the 
        disposal of the other Parties and of the Consultative 
        Committee and the Scientific Committee;
          c. Publishing and disseminating the recommendations 
        and decisions adopted at the meetings of the Parties in 
        accordance with rules of procedures adopted by the 
        Parties;
          d. Disseminating and promoting the exchange of 
        information and educational materials regarding efforts 
        undertaken by the Parties to increase public awareness 
        of the need to protect and conserve sea turtles and 
        their habitats, while maintaining the economic 
        profitability of diverse artisanal, commercial, and 
        subsistence fishing operations, as well as the 
        sustainable use of fisheries resources. This 
        information shall concern, inter alia:
                  (i) environmental education and local 
                community involvement;
                  (ii) the results of research related to the 
                protection and conservation of sea turtles and 
                their habitats and the socioeconomic and 
                environmental effects of the measures adopted 
                pursuant to this Convention;
          e. Seeking economic and technical resources to carry 
        out research and to implement the measures adopted 
        within the framework of this Convention;
          f. Performing such other functions as the Parties may 
        assign.
    2. When deciding in this regard, the Parties shall consider 
the possibility of appointing the Secretariat from among 
competent international organizations that are willing and able 
to perform the functions provided for in this Article. The 
Parties shall determine the means of financing necessary to 
carry out the functions of the Secretariat.

                              Article VII

                         Consultative Committee

    1. At their first meeting, the Parties shall establish a 
Consultative Committee of Experts, hereinafter referred to as 
``the Consultative Committee'', which shall be constituted as 
follows:
          a. Each Party may appoint one representative to the 
        Consultative Committee, who may be accompanied at each 
        meeting by advisors;
          b. The Parties shall also appoint, by consensus, 
        three representatives with recognized expertise in 
        matters pertaining to this Convention, from each of the 
        following groups:
                  (i) the scientific community;
                  (ii) the private sector; and
                  (iii) nongovernmental organizations.
    2. The functions of the Consultative Committee shall be to:
          a. Review and analyze the reports referred to in 
        Article XI, and any other information relating to the 
        protection and conservation of populations of sea 
        turtles and their habitats;
          b. Solicit from any Party additional relevant 
        information relating to the implementation of the 
        measures set forth in this Convention or adopted 
        pursuant thereto;
          c. Examine reports concerning the environmental, 
        socio-economic and cultural impact on affected 
        communities resulting from the measures set forth in 
        this Convention or adopted pursuant thereto;
          d. Evaluate the efficiency of the different measures 
        proposed to reduce the capture and incidental mortality 
        of sea turtles, as well as the efficiency of different 
        kinds of TEDs;
          e. Present a report to the Parties on its work, 
        including, as appropriate, recommendations on the 
        adoption of additional conservation and management 
        measures to promote the objective of this Convention;
          f. Consider reports of the Scientific Committee;
          g. Perform such other functions as the Parties may 
        assign.
    3. The Consultative Committee shall meet at least once a 
year for the first three years after the entry into force of 
the Convention, and after that in accordance with decisions 
made by the Parties.
    4. The Parties may establish expert groups to advise the 
Consultative Committee.

                              Article VIII

                          Scientific Committee

    1. At their first meeting, the Parties shall establish a 
Scientific Committee which shall be comprised of 
representatives designated by the Parties and which shall meet, 
preferably, prior to the meetings of the Consultative 
Committee.
    2. The functions of the Scientific Committee shall be to:
          a. Examine and, as appropriate, conduct research on 
        sea turtles covered by this Convention, including 
        research on their biology and population dynamics;
          b. Evaluate the environmental impact on sea turtles 
        and their habitats of activities such as fishing 
        operations and the exploitation of marine resources, 
        coastal development, dredging, pollution, clogging of 
        estuaries and reef deterioration, among other things, 
        as well as the potential impact of activities 
        undertaken as a result of exceptions to the measures 
        allowed in accordance with this Convention;
          c. Analyze relevant research conducted by the 
        Parties;
          d. Formulate recommendations for the protection and 
        conservation of sea turtles and their habitats;
          e. Make recommendations on scientific and technical 
        matters at the request of any Party regarding specific 
        matters related to this Convention;
          f. Perform such other scientific functions as the 
        Parties may assign.

                               Article IX

                          Monitoring Programs

    1. During the year following the entry into force of this 
Convention, each Party shall establish, within its territory 
and in maritime areas with respect to which it exercises 
sovereignty, sovereign rights or jurisdiction, a program to 
ensure monitoring of the application of the measures to protect 
and conserve sea turtles and their habitats set forth in this 
Convention or adopted pursuant thereto.
    2. The program referred to in the preceding paragraph shall 
include, where appropriate, mechanisms and arrangements for the 
participation by observers designated by each Party or by 
agreement among them in monitoring activities.
    3. In implementing the program, each Party may act with the 
support or cooperation of other interested States and relevant 
international organizations, as well as non-governmental 
organizations.

                               Article X

                               Compliance

    Each Party shall ensure, within its territory and in 
maritime areas with respect to which it exercises sovereignty, 
sovereign rights or jurisdiction, effective compliance with 
measures to protect and conserve sea turtles and their habitats 
set forth in this Convention or adopted pursuant thereto.

                               Article XI

                             Annual Reports

    1. Each Party shall prepare an annual report, in accordance 
with Annex IV, on the programs it has adopted to protect and 
conserve sea turtles and their habitats, as well as any program 
it may have adopted relating to the utilization of these 
species in accordance with Article IV(3).
    2. Each Party shall provide, either directly or through the 
Secretariat, if established, its annual report to the other 
Parties and to the Consultative and Scientific Committees at 
least 30 days prior to the next ordinary meeting of the Parties 
and shall also make such annual reports available to other 
States or interested entities that so request.

                              Article XII

                       International Cooperation

    1. The Parties shall promote bilateral and multilateral 
cooperative activities to further the objective of this 
Convention and, when they deem it appropriate, shall seek the 
support of relevant international organizations.
    2. Such activities may include the training of advisors and 
educators; the exchange and training of technicians, sea turtle 
managers and researchers; the exchange of scientific 
information and educational materials; the development of joint 
research programs, studies, seminars and workshops; and other 
activities on which the Parties may agree.
    3. The Parties shall cooperate to develop and to facilitate 
access to information and training regarding the use and 
transfer of environmentally sustainable technologies, 
consistent with the objective of this Convention. They shall 
also develop endogenous scientific and technological 
capabilities.
    4. The Parties shall promote international cooperation in 
the development and improvement of fishing gear and techniques, 
taking into account the specific conditions of each region, in 
order to maintain the productivity of commercial fisheries and 
to ensure the protection, conservation and recovery of sea 
turtle populations.
    5. The cooperative activities shall include rendering 
assistance, including technical assistance, to Parties that are 
developing States, in order to assist them in complying with 
their obligations under this Convention.

                              Article XIII

                          Financial Resources

    1. At their first meeting, the Parties shall assess the 
need for and possibilities of obtaining financial resources, 
including the establishment of a special fund for purposes such 
as the following:
          a. Meeting the expenses that could be required for 
        the potential establishment of the Secretariat, 
        pursuant to Article VI;
          b. Assisting the Parties that are developing States 
        in fulfilling their obligations under this Convention, 
        including providing access to the technology deemed 
        most appropriate.

                              Article XIV

                              Coordination

    The Parties shall seek to coordinate their activities under 
this Convention with relevant international organizations, 
whether global, regional or subregional.

                               Article XV

                             Trade Measures

    1. In implementing this Convention, the Parties shall act 
in accordance with the provisions of the Agreement establishing 
the World Trade Organization (WTO), as adopted at Marrakesh in 
1994, including its annexes.
    2. In particular, and with respect to the subject matter of 
this Convention, the Parties shall act in accordance with the 
provisions of the Agreement on Technical Barriers to Trade 
contained in Annex 1 of the WTO Agreement, as well as Article 
XI of the General Agreement on Tariffs and Trade of 1994.
    3. The Parties shall endeavor to facilitate trade in fish 
and fishery products associated with this Convention, in 
accordance with their international obligations.

                              Article XVI

                         Settlement of Disputes

    1. Any Party may consult with one or more other Parties 
about any dispute related to the interpretation or application 
of the provisions of this Convention to reach a solution 
satisfactory to all parties to the dispute as quickly as 
possible.
    2. If a dispute is not settled through such consultation 
within a reasonable period, the Parties in question shall 
consult among themselves as soon as possible in order to settle 
the dispute through any peaceful means they may decide upon in 
accordance with international law, including, where 
appropriate, those provided for in the United Nations 
Convention on the Law of the Sea.

                              Article XVII

                         Rights of the Parties

    1. No provision of this Convention may be interpreted in 
such a way as to prejudice or undermine the sovereignty, 
sovereign rights or jurisdiction exercised by any Party in 
accordance with international law.
    2. No provision of this Convention, nor measures or 
activities performed in its implementation, may be interpreted 
in such a way as to allow a Party to make a claim, or to 
exercise sovereignty, sovereign rights or jurisdiction in 
contravention of international law.

                             Article XVIII

                  Implementation at the National Level

    Each Party shall adopt measures in its respective national 
laws for implementation of the provisions of this Convention 
and to ensure effective compliance by means of policies, plans 
and programs for the protection and conservation of sea turtles 
and their habitats.

                              Article XIX

                              Non-Parties

    1. The Parties shall encourage:
          a. any eligible State to become party to this 
        Convention;
          b. any other State to become party to a complementary 
        protocol as envisioned in Article XX.
    2. The Parties shall also encourage all States not Party to 
this Convention to adopt laws and regulations consistent with 
the provisions of this Convention.

                               Article XX

                        Complementary Protocols

    In order to promote the protection and conservation of sea 
turtles outside the Convention Area where these species also 
exist, the Parties should negotiate with States that are not 
eligible to become party to this Convention a complementary 
protocol or protocols, consistent with the objective of this 
Convention, to which all interested States may become party.

                              Article XXI

                       Signature and Ratification

    1. This Convention shall be open for signature at Caracas, 
Venezuela, by States in the Americas from December 1, 1996, 
until December 31, 1998.
    2. This Convention is subject to ratification by the 
Signatories in accordance with their domestic laws and 
procedures. Instruments of ratification shall be deposited with 
the Government of Venezuela, which shall be the Depositary.

                              Article XXII

                     Entry into Force and Accession

    1. This Convention shall enter into force ninety days after 
the date of deposit of the eighth instrument of ratification.
    2. After the Convention has entered into force, it shall be 
open for accession by States in the Americas. This Convention 
shall enter into force for any such State on the date of its 
deposit of an instrument of accession with the Depositary.

                             Article XXIII

                              Reservations

    Signature and ratification of, or accession to, this 
Convention may not be made subject to any reservation.

                              Article XXIV

                               Amendments

    1. Any Party may propose an amendment to this Convention by 
providing the Depositary the text of a proposed amendment at 
least 60 days in advance of the next meeting of the Parties. 
The Depositary shall promptly circulate any amendment proposed 
to all the Parties.
    2. Amendments to this Convention, adopted in accordance 
with the provisions of Article V(5), shall enter into force 
when the Depositary has received instruments of ratification 
from all Parties.

                              Article XXV

                               Withdrawal

    Any Party may withdraw from this Convention at any time 
after 12 months from the date on which this Convention entered 
into force with respect to that Party by giving written notice 
of withdrawal to the Depositary. The Depositary shall inform 
the other Parties of the withdrawal within 30 days of receipt 
of such notice. The withdrawal shall become effective six 
months after receipt of such notice.

                              Article XXVI

                           Status of Annexes

    1. The Annexes to this Convention are an integral part 
hereof. All references to this Convention shall be understood 
as including its Annexes.
    2. Unless the Parties decide otherwise, the Annexes to this 
Convention may be amended, by consensus, at any meeting of the 
Parties. Unless otherwise agreed, amendments to an Annex shall 
enter into force for all Parties one year after adoption.

                             Article XXVII

                  Authentic Texts and Certified Copies

    1. The English, French, Portuguese, and Spanish texts of 
this Convention are equally authentic.
    2. The original texts of this Convention shall be deposited 
with the Government of Venezuela, which shall send certified 
copies thereof to the Signatory States and to the Parties 
hereto, and to the Secretary General of the United Nations for 
registration and publication, pursuant to Article 102 of the 
Charter of the United Nations.

    In witness whereof, the undersigned, having been duly 
authorized by their respective governments, have signed this 
Convention.

    Done at Caracas on this first day of December, 1996.

                                Annex I

                            Sea Turtles \1\

    1. Caretta caretta (Linnaeus, 1758)
          Tortuga caguama, cabezuda, cahuama
---------------------------------------------------------------------------
    \1\ Due to the wide variety of common names, even within the same 
State, this list should not be considered exhaustive.
---------------------------------------------------------------------------
          Loggerhead turtle
          Tortue caouanne
          Cabecuda, mestica
    2. Chelonia mydas (Linnaeus, 1758), including populations 
of this species in the Eastern or American Pacific 
alternatively classified by specialists as Chelonia mydas 
agassizii (Carr, 1952), or as Chelonia agassizii (Bocourt, 
1868).
          Tortuga blanca, aruana, verde
          Green sea turtle
          Tortue verte
          Tartaruga verde
          Soepschildpad, krape
    Common alternate names in the Eastern Pacific:
          Tortuga prieta
          East Pacific green turtle, black turtle
          Tortue verte du Pacifique est
    3. Dermochelys coriacea (Vandelli, 1761)
          Tortuga laod, gigante, de cuero
          Leatherback turtle
          Tortue luth
          Tartaruga gigante, de couro
          Lederschildpad, aitkanti
    4. Eretmochelys imbricata (Linnaeus, 1766)
          Tortuga de carey
          Hawksbill sea turtle
          Tortue caret
          Tartaruga de pente
          Karet.
    5. Lepidochelys kempii (Garman, 1880)
          Tortuga lora
          Kemp's ridley turtle
          Tortue de Kemp
    6. Lepidochelys olivacea (Eschscholtz, 1829)
          Tortuga golfina
          Olive ridley turtle
          Tortue olivatre
          Tartaruga oliva
          Warana

                                Annex II

           Protection and Conservation of Sea Turtle Habitats

    Each Party shall consider and may adopt, as necessary and 
in accordance with its laws, regulations, policies, plans and 
programs, measures to protect and conserve sea turtle habitats 
within its territory and in maritime areas with respect to 
which it exercises sovereignty, sovereign rights or 
jurisdiction, such as:
          1. Requiring assessments of the environmental impact 
        of marine and coastal development activities that may 
        affect sea turtle habitats, including: dredging of 
        canals and estuaries; construction of sea walls, piers 
        and marinas; extraction of raw materials; operation of 
        aquaculture facilities; siting of industrial 
        facilities; use of reefs; deposit of dredged materials 
        and trash; and other related activities;
          2. Managing and, when necessary, regulating the use 
        of beaches and coastal dunes with respect to the 
        location and design of buildings, the use of artificial 
        lighting and the transit of vehicles in nesting areas;
          3. Establishing protected areas and taking other 
        measures to regulate the use of areas where sea turtles 
        nest or regularly occur, including permanent or 
        temporary closures, modification of fishing gear, and, 
        to the greatest extent practicable, restrictions on 
        vessel traffic.

                               Annex III

                     Use of Turtle Excluder Devices

    1. ``Shrimp trawl vessel'' means any vessel used to catch 
shrimp species with trawl nets.
    2. ``Turtle Excluder Device'' or ``TED'' means a device 
designed to increase the selectivity of shrimp trawl nets in 
order to reduce the incidental capture of sea turtles in shrimp 
fishing operations.
    3. Each Party shall require shrimp trawl vessels subject to 
its jurisdiction that operate within the Convention Area to use 
recommended TEDs that are properly installed and functional.
    4. Each Party, in accordance with the best available 
scientific evidence, may allow exceptions to use of TEDs as 
required in Paragraph 3 only in the following circumstances:
          a. For shrimp trawl vessels whose nets are retrieved 
        exclusively by manual rather than mechanical means, and 
        shrimp vessels with trawl nets for which no TEDs have 
        been developed. A Party allowing such exception shall 
        adopt other measures to reduce the incidental mortality 
        of sea turtles that are equally effective and that do 
        not undermine efforts to achieve the objective of this 
        Convention, such as limits on tow times, closed seasons 
        and closed fishing areas where sea turtles occur.
          b. For shrimp trawl vessels:
                  (i) exclusively using other trawl gear that 
                has been demonstrated not to pose a risk of 
                incidental mortality of sea turtles; or
                  (ii) operating under conditions where there 
                is no likelihood of interaction with sea 
                turtles;
        provided that the Party allowing such exception 
        provides to the other Parties, either directly or 
        through the Secretariat, if established, documented 
        scientific evidence demonstrating the lack of such risk 
        or likelihood;
          c. For shrimp trawl vessels conducting scientific 
        research under a program approved by the Party;
          d. Where the presence of algae, seaweed, debris, or 
        other special conditions, temporary or permanent, make 
        the use of TEDs impracticable in a specific area, 
        provided that:
                  (i) a Party allowing this exception shall 
                adopt other measures to protect sea turtles in 
                the area in question, such as limits on tow 
                times;
                  (ii) only in extraordinary emergency 
                situations of a temporary nature may a Party 
                allow this exception to apply to more than a 
                small number of the vessels subject to its 
                jurisdiction that would otherwise be required 
                to use TEDs pursuant to this Annex;
                  (iii) a Party allowing this exception shall 
                provide to the other Parties, either directly 
                or through the Secretariat, if established, 
                information concerning the special conditions 
                and the number of shrimp trawl vessels 
                operating in the area in question.
    5. Any Party may comment upon information provided by any 
other Party pursuant to Paragraph 4. Where appropriate, the 
Parties shall seek guidance from the Consultative Committee and 
the Scientific Committee to resolve differences of view. If the 
Consultative Committee so recommends, and the Parties agree, a 
Party that has allowed an exception pursuant to Paragraph 4 
shall reconsider the allowance or extent of such an exception.
    6. The Parties may, by consensus, approve other exceptions 
to the use of TEDs as required in Paragraph 3, in accordance 
with the best available scientific evidence and based on 
recommendations of the Consultative Committee and the 
Scientific Committee, to account for circumstances warranting 
special consideration, provided that such exceptions do not 
undermine efforts to achieve the objective of this Convention.
    7. For the purposes of this Convention:
          a. Recommended TEDs shall be those TEDs determined by 
        the Parties, with advice from the Consultative 
        Committee, to reduce the incidental capture of sea 
        turtles in shrimp trawl fishing operations to the 
        greatest extent practicable;
          b. At their first meeting, the Parties shall develop 
        an initial list of recommended TEDs, which they may 
        modify at subsequent meetings;
          c. Until the first meeting of the Parties, each Party 
        shall determine, in accordance with its laws and 
        regulations, which TEDs to require for use by shrimp 
        trawl vessels subject to its jurisdiction in order to 
        reduce the incidental capture of sea turtles in shrimp 
        trawl fishing operations to the greatest extent 
        practicable, based on consultations with other Parties.
    8. At the request of any other Party or of the Consultative 
Committee or the Scientific Committee, each Party shall 
provide, either directly or through the Secretariat, if 
established, scientific information relevant to the achievement 
of the objective of this Convention.

                                Annex IV

                             Annual Reports

    The annual reports referred to in Article XI(1) shall 
include the following:
          a. A general description of the program to protect 
        and conserve sea turtles and their habitats, including 
        any laws or regulations adopted to achieve the 
        objective of this Convention;
          b. Any pertinent new laws or regulations adopted 
        during the preceding year;
          c. A summary of actions taken, and the results 
        thereof, to implement measures for the protection and 
        conservation of sea turtles and their habitats, such 
        as: operation of turtle camps; improvement and 
        development of new fishing gear to reduce incidental 
        sea turtle capture and mortality; scientific research, 
        including marking, migration, and repopulation studies; 
        environmental education; programs to establish and 
        manage protected areas; cooperative activities with 
        other Parties; and any other activities designed to 
        achieve the objective of this Convention;
          d. A summary of the actions taken to enforce its laws 
        and regulations, including penalties imposed for 
        violations;
          e. A detailed description of any exceptions allowed, 
        in accordance with this Convention, during the 
        preceding year, including monitoring and mitigation 
        measures related to these exceptions, and, in 
        particular, any relevant information on the number of 
        turtles, nests, and eggs, as well as sea turtle 
        habitats, affected by the allowance of these 
        exceptions;
          f. Any other information the Party may deem relevant.
=======================================================================


                    N. ENERGY AND NATURAL RESOURCES

                                CONTENTS

                                                                   Page

 1. Nuclear Energy...............................................  2011
      a. Treaty Establishing the International Atomic Energy 
          Agency.................................................  2011
      b. Export and Import of Nuclear Equipment and Material 
          Regulations............................................  2028
      c. Amendment to Procedures Established Pursuant to the 
          Nuclear Non-Proliferation Act of 1978..................  2075
      d. Convention on the Physical Protection of Nuclear 
          Material...............................................  2090
      e. Convention on Nuclear Safety............................  2103
 2. Agreement on an International Energy Program.................  2114
 3. Convention on Early Notification of a Nuclear Accident.......  2140
 4. Convention on Assistance in the Case of a Nuclear Accident or 
    Radiological Emergency.......................................  2147
 5. Joint Convention on the Safety of Spent Fuel Management and 
    on the Safety of Radioactive Waster Management...............  2157
 6. Montreal Protocol on Substances that Deplete the Ozone Layer.  2176
 7. U.N. Convention to Combat Desertification in Those Countries 
    Experiencing Serious Drought and/or Desertification, 
    Particularly in Africa.......................................  2204
 8. International Plant Protection Convention....................  2231
 9. Agreement Establishing the South Pacific Regional Environment 
    Programme....................................................  2245

=======================================================================

      
                           1. Nuclear Energy

     a. Treaty Establishing the International Atomic Energy Agency

 Done at New York, October 26, 1956; Entered into force, July 29, 1957

         Statute of the International Atomic Energy Agency \1\

                 Article I: Establishment of the Agency

    The Parties hereto establish an International Atomic Energy 
Agency (hereinafter referred to as ``the Agency'') upon the 
terms and conditions hereinafter set forth.
---------------------------------------------------------------------------
    \1\ TIAS 3873. As amended, October 4, 1961, September 28, 1970, and 
September 27, 1984. For a list of states that are parties to the 
Agreement, see Department of State publication, Treaties in Force.
---------------------------------------------------------------------------

                         Article II: Objectives

    The Agency shall seek to accelerate and enlarge the 
contribution of atomic energy to peace, health and prosperity 
throughout the world. It shall ensure, so far as it is able, 
that assistance provided by it or at its request or under its 
supervision or control is not used in such a way as to further 
any military purpose.

                         Article III: Functions

    A. The Agency is authorized:
          1. To encourage and assist research on, and 
        development and practical application of, atomic energy 
        for peaceful uses throughout the world; and, if 
        requested to do so, to act as an intermediary for the 
        purposes of securing the performance of services or the 
        supplying of materials, equipment, or facilities by one 
        member of the Agency for another; and to perform any 
        operation or service useful in research on, or 
        development or practical application of, atomic energy 
        for peaceful purposes;
          2. To make provision, in accordance with this 
        Statute, for materials, services, equipment, and 
        facilities to meet the needs of research on, and 
        development and practical application of, atomic energy 
        for peaceful purposes, including the production of 
        electric power, with due consideration for the needs of 
        the under-developed areas of the world;
          3. To foster the exchange of scientific and technical 
        information on peaceful uses of atomic energy;
          4. To encourage the exchange of training of 
        scientists and experts in the field of peaceful uses of 
        atomic energy;
          5. To establish and administer safeguards designed to 
        ensure that special fissionable and other materials, 
        services, equipment, facilities, and information made 
        available by the Agency or at its request or under its 
        supervision or control are not used in such a way as to 
        further any military purpose; and to apply safeguards, 
        at the request of the parties, to any bilateral or 
        multilateral arrangement, or at the request of a State, 
        to any of that State's activities in the field of 
        atomic energy;
          6. To establish or adopt, in consultation and, where 
        appropriate, in collaboration with the competent organs 
        of the United Nations and with the specialized agencies 
        concerned, standards of safety for protection of health 
        and minimization of danger to life and property 
        (including such standards for labour conditions), and 
        to provide for the application of these standards to 
        its own operation as well as to the operations making 
        use of materials, services, equipment, facilities, and 
        information made available by the Agency or at its 
        request or under its control or supervision; and to 
        provide for the application of these standards, at the 
        request of the parties, to operations under any 
        bilateral or multilateral arrangements, or, at the 
        request of a State, to any of that State's activities 
        in the field of atomic energy;
          7. To acquire or establish any facilities, plant and 
        equipment useful in carrying out its authorized 
        functions, whenever the facilities, plant, and 
        equipment otherwise available to it in the area 
        concerned are inadequate or available only on terms it 
        deems unsatisfactory.
    B. In carrying out its functions, the Agency shall:
          1. Conduct its activities in accordance with the 
        purposes and principles of the United Nations to 
        promote peace and international co-operation, and in 
        conformity with policies of the United Nations 
        furthering the establishment of safeguarded worldwide 
        disarmament and in conformity with any international 
        agreements entered into pursuant to such policies;
          2. Establish control over the use of special 
        fissionable materials received by the Agency, in order 
        to ensure that these materials are used only for 
        peaceful purposes;
          3. Allocate its resources in such a manner as to 
        secure efficient utilization and the greatest possible 
        general benefit in all areas of the world, bearing in 
        mind the special needs of the under-developed areas of 
        the world;
          4. Submit reports on its activities annually to the 
        General Assembly of the United Nations and, when 
        appropriate, to the Security Council: if in connection 
        with the activities of the Agency there should arise 
        questions that are within the competence of the 
        Security Council, the Agency shall notify the Security 
        Council, as the organ bearing the main responsibility 
        for the maintenance of international peace and 
        security, and may also take the measures open to it 
        under this Statute, including those provided in 
        paragraph C of Article XII;
          5. Submit reports to the Economic and Social Council 
        and other organs of the United Nations on matters 
        within the competence of these organs.
    C. In carrying out its functions, the Agency shall not make 
assistance to members subject to any political, economic, 
military, or other conditions incompatible with the provisions 
of this Statute.
    D. Subject to the provisions of this Statute and to the 
terms of agreements concluded between a State or a group of 
States and the Agency which shall be in accordance with the 
provisions of the Statute, the activities of the Agency shall 
be carried out with due observance of the sovereign rights of 
States.

                         Article IV: Membership

    A. The initial members of the Agency shall be those States 
Members of the United Nations or of any of the specialized 
agencies which shall have signed this Statute within ninety 
days after it is opened for signature and shall have deposited 
an instrument of ratification.
    B. Other members of the Agency shall be those States, 
whether or not Members of the United Nations or of any of the 
specialized agencies, which deposit an instrument of acceptance 
of this Statute after their membership has been approved by the 
General Conference upon the recommendation of the Board of 
Governors. In recommending and approving a State for 
membership, the Board of Governors and the General Conference 
shall determine that the State is able and willing to carry out 
the obligations of membership in the Agency, giving due 
consideration to its ability and willingness to act in 
accordance with the purposes and principles of the Charter of 
the United Nations.
    C. The Agency is based on the principle of the sovereign 
equality of all its members, and all members, in order to 
ensure to all of them the rights and benefits resulting from 
membership, shall fulfill in good faith the obligation assumed 
by them in accordance with this Statute.

                     Article V: General Conference

    A. A General Conference consisting of representatives of 
all members shall meet in regular annual session and in such 
special sessions as shall be convened by the Director General 
at the request of the Board of Governors or of a majority of 
members. The sessions shall take place at the headquarters of 
the Agency unless otherwise determined by the General 
Conference.
    B. At such sessions, each member shall be represented by 
one delegate who may be accompanied by alternates and by 
advisers. The cost of attendance of any delegation shall be 
borne by the member concerned.
    C. The General Conference shall elect a President and such 
other officers as may be required at the beginning of each 
session. They shall hold office for the duration of the 
session. The General Conference, subject to the provisions of 
this Statute, shall adopt its own rules of procedure. Each 
member shall have one vote. Decisions pursuant to paragraph H 
of article XIV, paragraph C of article XVIII and paragraph B of 
article XIX shall be made by a two-thirds majority of the 
members present and voting. Decisions on other questions, 
including the determination of additional questions or 
categories of questions to be decided by a two-thirds majority, 
shall be made by a majority of the members present and voting. 
A majority of members shall constitute a quorum.
    D. The General Conference may discuss any questions or any 
matters within the scope of this Statute or relating to the 
powers and functions of any organs provided for in this 
Statute, and may make recommendations to the membership of the 
Agency or to the Board of Governors or to both on any such 
questions or matters.
    E. The General Conference shall:
          1. Elect members of the Board of Governors in 
        accordance with article VI;
          2. Approve States for membership in accordance with 
        article IV;
          3. Suspend a member from the privileges and rights of 
        membership in accordance with article XIX;
          4. Consider the annual report of the Board;
          5. In accordance with article XIV, approve the budget 
        of the Agency recommended by the Board or return it 
        with recommendations as to its entirety or parts to the 
        Board. for resubmission to the General Conference;
          6. Approve reports to be submitted to the United 
        Nations as required by the relationship agreement 
        between the Agency and the United Nations, except 
        reports referred to in paragraph C of article XII, or 
        return them to the Board with its recommendations;
          7. Approve any agreement or agreements between the 
        Agency and the United Nations and other organizations 
        as provided in article XVI or return such agreements 
        with its recommendations to the Board, for resubmission 
        to the General Conference;
          8. Approve rules and limitations regarding the 
        exercise of borrowing powers by the Board, in 
        accordance with paragraph G of article XIV; approve 
        rules regarding the acceptance of voluntary 
        contributions to the Agency; and approve, in accordance 
        with paragraph F of article XIV, the manner in which 
        the general fund referred to in that paragraph may be 
        used;
          9. Approve amendments to this Statute in accordance 
        with paragraph C of article XVIII;
          10. Approve the appointment of the Director General 
        in accordance with paragraph A of article VII.
    F. The General Conference shall have the authority:
          1. To take decisions on any matter specifically 
        referred to the General Conference for this purpose by 
        the Board;
          2. To propose matters for consideration by the Board 
        and request from the Board reports on any matter 
        relating to the functions of the Agency.

                     Article VI: Board of Governors

    A. The Board of Governors shall be composed as follows:
          1. The outgoing Board of Governors shall designate 
        for membership on the Board the ten members most 
        advanced in the technology of atomic energy including 
        the production of source materials, and the member most 
        advanced in the technology of atomic energy including 
        the production of source materials in each of the 
        following areas in which none of the aforesaid ten is 
        located:
                  1. North America
                  2. Latin America
                  3. Western Europe
                  4. Eastern Europe
                  5. Africa
                  6. Middle East and South Asia
                  7. South East Asia and the Pacific
                  8. Far East.
          2. The General Conference shall elect to membership 
        of the Board of Governors:
                  (a) Twenty members, with due regard to 
                equitable representation on the Board as a 
                whole of the members in the areas listed in 
                sub-paragraph A.1 of this article, so that the 
                Board shall at all times include in this 
                category five representatives of the area of 
                Latin America, four representatives of the area 
                of Western Europe, three representatives of the 
                area of Eastern Europe, four representatives of 
                the area of Africa, two representatives of the 
                area of the Middle East and South Asia, one 
                representative of the area of South East Asia 
                and the Pacific, and one representative of the 
                area of the Far East. No member in this 
                category in any one term of office will be 
                eligible for re-election in the same category 
                for the following term of office; and
                  (b) One further member from among the members 
                in the following areas: Middle East and South 
                Asia, South East Asia and the Pacific, Far 
                East;
                  (c) One further member from among the members 
                in the following areas: Africa, Middle East and 
                South Asia, South East Asia and the Pacific.
    B. The designations provided for in sub-paragraph A-l of 
this article shall take place not less than sixty days before 
each regular annual session of the General Conference. The 
elections provided for in sub-paragraph A-2 of this article 
shall take place at regular annual sessions of the General 
Conference.
    C. Members represented on the Board of Governors in 
accordance with sub-paragraph A-l of this article shall hold 
office from the end of the next regular annual session of the 
General Conference after their designation until the end of the 
following regular annual session of the General Conference.
    D. Members represented on the Board of Governors in 
accordance with sub-paragraph A-2 of this article shall hold 
office from the end of the regular annual session of the 
General Conference at which they are elected until the end of 
the second regular annual session of the General Conference 
thereafter.
    E. Each member of the Board of Governors shall have one 
vote. Decisions on the amount of the Agency's budget shall be 
made by a two-thirds majority of those present and voting, as 
provided in paragraph H of article XIV. Decisions on other 
questions, including the determination of additional questions 
or categories of questions to be decided by a two thirds 
majority, shall be made by a majority of those present and 
voting. Two-thirds of all members of the Board shall constitute 
a quorum.
    F. The Board of Governors shall have authority to carry out 
the functions of the Agency in accordance with this Statute, 
subject to its responsibilities to the General Conference as 
provided in this Statute.
    G. The Board of Governors shall meet at such times as it 
may determine. The meetings shall take place at the 
headquarters of the Agency unless otherwise determined by the 
Board.
    H. The Board of Governors shall elect a Chairman and other 
officers from among its members and, subject to the provisions 
of this Statute, shall adopt its own rules of procedure.
    I. The Board of Governors may establish such committees as 
it deems advisable. The Board may appoint persons to represent 
it in its relations with other organizations.
    J. The Board of Governors shall prepare an annual report to 
the General Conference concerning the affairs of the Agency and 
any projects approved by the Agency. The Board shall also 
prepare for submission to the General Conference such reports 
as the Agency is or may be required to make to the United 
Nations or to any other organization the work of which is 
related to that of the Agency. These reports, along with the 
annual reports, shall be submitted to members of the Agency at 
least one month before the regular annual session of the 
General Conference.

                           Article VII: Staff

    A. The staff of the Agency shall be headed by a Director 
General. The Director General shall be appointed by the Board 
of Governors with the approval of the General Conference for a 
term of four years. He shall be the chief administrative 
officer of the Agency.
    B. The Director General shall be responsible for the 
appointment, organization, and functioning of the staff and 
shall be under the authority of and subject to the control of 
the Board of Governors. He shall perform his duties in 
accordance with regulations adopted by the Board.
    C. The staff shall include such qualified scientific and 
technical and other personnel as may be required to fulfill the 
objectives and functions of the Agency. The Agency shall be 
guided by the principle that its permanent staff shall be kept 
to a minimum.
    D. The paramount consideration in the recruitment and 
employment of the staff and in the determination of the 
conditions of service shall be to secure employees of the 
highest standards of efficiency, technical competence, and 
integrity. Subject to this consideration, due regard shall be 
paid to the contributions of members to the Agency and to the 
importance of recruiting the staff on as wide a geographical 
basis as possible.
    E. The terms and conditions on which the staff shall be 
appointed, remunerated, and dismissed shall be in accordance 
with regulations made by the Board of Governors, subject to the 
provisions of this Statute and to general rules approved by the 
General Conference on the recommendation of the Board.
    F. In the performance of their duties, the Director General 
and the staff shall not seek or receive instructions from any 
source external to the Agency. They shall refrain from any 
action which might reflect on their position as officials of 
the Agency; subject to their responsibilities to the Agency, 
they shall not disclose any industrial secret or other 
confidential information coming to their knowledge by reason of 
their official duties for the Agency. Each member undertakes to 
respect the international character of the responsibilities of 
the Director General and the staff and shall not seek to 
influence them in the discharge of their duties.
    G. In this article the term ``staff'' includes guards.

                 Article VIII: Exchange of Information

    A. Each member should make available such information as 
would, in the judgement of the member, be helpful to the 
Agency.
    B. Each member shall make available to the Agency all 
scientific information developed as a result of assistance 
extended by the Agency pursuant to article XI.
    C. The Agency shall assemble and make available in an 
accessible form the information made available to it under 
paragraphs A and B of this article. It shall take positive 
steps to encourage the exchange among its members of 
information relating to the nature and peaceful uses of atomic 
energy and shall serve as an intermediary among its members for 
this purpose.

                   Article IX: Supplying of Materials

    A. Members may make available to the Agency such quantities 
of special fissionable materials as they deem advisable and on 
such terms as shall be agreed with the Agency. The materials 
made available to the Agency may, at the discretion of the 
member making them available, be stored either by the member 
concerned or, with the agreement of the Agency, in the Agency's 
depots.
    B. Members may also make available to the Agency source 
materials as defined in article XX and other materials. The 
Board of Governors shall determine the quantities of such 
materials which the Agency will accept under agreements 
provided for in article XIII.
    C. Each member shall notify the Agency of the quantities, 
form, and composition of special fissionable materials, source 
materials, and other materials which that member is prepared, 
in conformity with its laws, to make available immediately or 
during a period specified by the Board of Governors.
    D. On request of the Agency a member shall, from the 
materials which it has made available, without delay deliver to 
another member or group of members such quantities of such 
materials as the Agency may specify, and shall without delay 
deliver to the Agency itself such quantities of such materials 
as are really necessary for operations and scientific research 
in the facilities of the Agency.
    E. The quantities, form and composition of materials made 
available by any member may be changed at any time by the 
member with the approval of the Board of Governors.
    F. An initial notification in accordance with paragraph C 
of this article shall be made within three months of the entry 
into force of this Statute with respect to the member 
concerned. In the absence of a contrary decision of the Board 
of Governors, the materials initially made available shall be 
for the period of the calendar year succeeding the year when 
this Statute takes effect with respect to the member concerned. 
Subsequent notifications shall likewise, in the absence of a 
contrary action by the Board, relate to the period of the 
calendar year following the notification and shall be made no 
later than the first day of November of each year.
    G. The Agency shall specify the place and method of 
delivery and, where appropriate, the form and composition, of 
materials which it has requested a member to deliver from the 
amounts which that member has notified the Agency it is 
prepared to make available. The Agency shall also verify the 
quantities of materials delivered and shall report those 
quantities periodically to the members.
    H. The Agency shall be responsible for storing and 
protecting materials in its possession. The Agency shall ensure 
that these materials shall be safeguarded against
          1. hazards of the weather,
          2. unauthorized removal or diversion,
          3. damage or destruction, including sabotage, and
          4. forcible seizure. In storing special fissionable 
        materials in its possession, the Agency shall ensure 
        the geographical distribution of these materials in 
        such a way as not to allow concentration of large 
        amounts of such materials in any one country or region 
        of the world.
    I. The Agency shall as soon as practicable establish or 
acquire such of the following as may be necessary:
          1. Plant, equipment, and facilities for the receipt, 
        storage, and issue of materials;
          2. Physical safeguards;
          3. Adequate health and safety measures;
          4. Control laboratories for the analysis and 
        verification of materials received;
          5. Housing and administrative facilities for any 
        staff required for the foregoing.
    J. The materials made available pursuant to this article 
shall be used as determined by the Board of Governors in 
accordance with the provisions of this Statute. No member shall 
have the right to require that the materials it makes available 
to the Agency be kept separately by the Agency or to designate 
the specific project in which they must be used.

             Article X: Services, Equipment, and Facilities

    Members may make available to the Agency services, 
equipment, and facilities which may be of assistance in 
fulfilling the Agency's objectives and functions.

                      Article XI: Agency Projects

    A. Any member or group of members of the Agency desiring to 
set up any project for research on, or development or practical 
application of, atomic energy for peaceful purposes may request 
the assistance of the Agency in securing special fissionable 
and other materials, services, equipment, and facilities 
necessary for this purpose. Any such request shall be 
accompanied by an explanation of the purpose and extent of the 
project and shall be considered by the Board of Governors.
    B. Upon request, the Agency may also assist any member or 
group of members to make arrangements to secure necessary 
financing from outside sources to carry out such projects. In 
extending this assistance, the Agency will not be required to 
provide any guarantees or to assume any financial 
responsibility for the project.
    C. The Agency may arrange for the supplying of any 
materials, services, equipment, and facilities necessary for 
the project by one or more members or may itself undertake to 
provide any or all of these directly, taking into consideration 
the wishes of the member or members making the request.
    D. For the purpose of considering the request, the Agency 
may send into the territory of the member or group of members 
making the request a person or persons qualified to examine the 
project. For this purpose the Agency may, with the approval of 
the member or group of members making the request, use members 
of its own staff or employ suitably qualified nationals of any 
member.
    E. Before approving a project under this article, the Board 
of Governors shall give due consideration to:
          1. The usefulness of the project, including its 
        scientific and technical feasibility;
          2. The adequacy of plans, funds, and technical 
        personnel to assure the effective execution of the 
        project;
          3. The adequacy of proposed health and safety 
        standards for handling and storing materials and for 
        operating facilities;
          4. The inability of the member or group of members 
        making the request to secure the necessary finances, 
        materials, facilities, equipment, and services;
          5. The equitable distribution of materials and other 
        resources available to the Agency;
          6. The special needs of the under-developed areas of 
        the world; and
          7. Such other matters as may be relevant.
    F. Upon approving a project, the Agency shall enter into an 
agreement with the member or group of members submitting the 
project, which agreement shall:
          1. Provide for allocation to the project of any 
        required special fissionable or other materials;
          2. Provide for transfer of special fissionable 
        materials from their then place of custody, whether the 
        materials be in the custody of the Agency or of the 
        member making them available for use in Agency 
        projects, to the member or group of members submitting 
        the project, under conditions which ensure the safety 
        of any shipment required and meet applicable health and 
        safety standards;
          3. Set forth the terms and conditions, including 
        charges, on which any materials, services, equipment, 
        and facilities are to be provided by the Agency itself, 
        and, if any such materials, services, equipment, and 
        facilities are to be provided by a member, the terms 
        and conditions as arranged for by the member or group 
        of members submitting the project and the supplying 
        member;
          4. Include undertakings by the member or group of 
        members submitting the project: (a) that the assistance 
        provided shall not be used in such a way as to further 
        any military purpose; and (b) that the project shall be 
        subject to the safeguards provided for in article XII, 
        the relevant safeguards being specified in the 
        agreement;
          5. Make appropriate provision regarding the rights 
        and interests of the Agency and the member or members 
        concerned in any inventions or discoveries, or any 
        patents therein, arising from the project;
          6. Make appropriate provision regarding settlement of 
        disputes;
          7. Include such other provisions as may be 
        appropriate.
    G. The provisions of this article shall also apply where 
appropriate to a request for materials, services, facilities, 
or equipment in connection with an existing project.

                     Article XII: Agency Safeguards

    A. With respect to any Agency project, or other arrangement 
where the Agency is requested by the parties concerned to apply 
safeguards, the Agency shall have the following rights and 
responsibilities to the extent relevant to the project or 
arrangement:
          1. To examine the design of specialized equipment and 
        facilities, including nuclear reactors, and to approve 
        it only from the view-point of assuring that it will 
        not further any military purpose, that it complies with 
        applicable health and safety standards, and that it 
        will permit effective application of the safeguards 
        provided for in this article;
          2. To require the observance of any health and safety 
        measures prescribed by the Agency;
          3. To require the maintenance and production of 
        operating records to assist in ensuring accountability 
        for source and special fissionable materials used or 
        produced in the project or arrangement;
          4. To call for and receive progress reports;
          5. To approve the means to be used for the chemical 
        processing of irradiated materials solely to ensure 
        that this chemical processing will not lend itself to 
        diversion of materials for military purposes and will 
        comply with applicable health and safety standards; to 
        require that special fissionable materials recovered or 
        produced as a by-product be used for peaceful purposes 
        under continuing Agency safeguards for research or in 
        reactors, existing or under construction, specified by 
        the member or members concerned; and to require deposit 
        with the Agency of any excess of any special 
        fissionable materials recovered or produced as a by-
        product over what is needed for the above-stated uses 
        in order to prevent stockpiling of these materials, 
        provided that thereafter at the request of the member 
        or members concerned special fissionable materials so 
        deposited with the Agency shall be returned promptly to 
        the member or members concerned for use under the same 
        provisions as stated above.
          6. To send into the territory of the recipient State 
        or States inspectors, designated by the Agency after 
        consultation with the State or States concerned, who 
        shall have access at all times to all places and data 
        and to any person who by reason of his occupation deals 
        with materials, equipment, or facilities which are 
        required by this Statute to be safeguarded, as 
        necessary to account for source and special fissionable 
        materials supplied and fissionable products and to 
        determine whether there is compliance with the 
        undertaking against use in furtherance of any military 
        purpose referred to in sub-paragraph F-4 of article Xl, 
        with the health and safety measures referred to in sub-
        paragraph A-2 of this article, and with any other 
        conditions prescribed in the agreement between the 
        Agency and the State or States concerned. Inspectors 
        designated by the Agency shall be accompanied by 
        representatives of the authorities of the State 
        concerned, if that State so requests, provided that the 
        inspectors shall not thereby be delayed or otherwise 
        impeded in the exercise of their functions;
          7. In the event of non-compliance and failure by the 
        recipient State or States to take requested corrective 
        steps within a reasonable time, to suspend or terminate 
        assistance and withdraw any materials and equipment 
        made available by the Agency or a member in furtherance 
        of the project.
    B. The Agency shall, as necessary, establish a staff of 
inspectors. The Staff of inspectors shall have the 
responsibility of examining all operations conducted by the 
Agency itself to determine whether the Agency is complying with 
the health and safety measures prescribed by it for application 
to projects subject to its approval, supervision or control, 
and whether the Agency is taking adequate measures to prevent 
the source and special fissionable materials in its custody or 
used or produced in its own operations from being used in 
furtherance of any military purpose. The Agency shall take 
remedial action forthwith to correct any non-compliance or 
failure to take adequate measures.
    C. The staff of inspectors shall also have the 
responsibility of obtaining and verifying the accounting 
referred to in sub-paragraph A-6 of this article and of 
determining whether there is compliance with the undertaking 
referred to in sub-paragraph F-4 of article XI, with the 
measures referred to in sub-paragraph A-2 of this article, and 
with all other conditions of the project prescribed in the 
agreement between the Agency and the State or States concerned. 
The inspectors shall report any non-compliance to the Director 
General who shall thereupon transmit the report to the Board of 
Governors. The Board shall call upon the recipient State or 
States to remedy forthwith any non-compliance which it finds to 
have occurred. The Board shall report the non-compliance to all 
members and to the Security Council and General Assembly of the 
United Nations. In the event of failure of the recipient State 
or States to take fully corrective action within a reasonable 
time, the Board may take one or both of the following measures: 
direct curtailment or suspension of assistance being provided 
by the Agency or by a member, and call for the return of 
materials and equipment made available to the recipient member 
or group of members. The Agency may also, in accordance with 
article XIX, suspend any non-complying member from the exercise 
of the privileges and rights of membership.

                 Article XIII: Reimbursement of Members

    Unless otherwise agreed upon between the Board of Governors 
and the member furnishing to the Agency materials, services, 
equipment, or facilities, the Board shall enter into an 
agreement with such member providing for reimbursement for the 
items furnished.

                          Article XIV: Finance

    A. The Board of Governors shall submit to the General 
Conference the annual budget estimates for the expenses of the 
Agency. To facilitate the work of the Board in this regard, the 
Director General shall initially prepare the budget estimates. 
If the General Conference does not approve the estimates, it 
shall return them together with its recommendations to the 
Board. The Board shall then submit further estimates to the 
General Conference for its approval.
    B. Expenditures of the Agency shall be classified under the 
following categories:
          1. Administrative expenses: these shall include:
                  (a) Costs of the staff of the Agency other 
                than the staff employed in connection with 
                materials, services, equipment, and facilities 
                referred to in sub-paragraph B-2 below; costs 
                of meetings; and expenditures required for the 
                preparation of Agency projects and for the 
                distribution of information;
                  (b) Costs of implementing the safeguards 
                referred to in article XII in relation to 
                Agency projects or, under sub-paragraph A-5 of 
                article III, in relation to any bilateral or 
                multilateral arrangement, together with the 
                costs of handling and storage of special 
                fissionable material by the Agency other than 
                the storage and handling charges referred to in 
                paragraph E below;
          2. Expenses, other than those included in sub-
        paragraph 1 of this paragraph, in connection with any 
        materials, facilities, plant, and equipment acquired or 
        established by the Agency in carrying out its 
        authorized functions, and the costs of materials, 
        services, equipment, and facilities provided by it 
        under agreements with one or more members.
    C. In fixing the expenditures under sub-paragraph B-l (b) 
above, the Board of Governors shall deduct such amounts as are 
recoverable under agreements regarding the application of 
safeguards between the Agency and parties to bilateral or 
multilateral arrangements.
    D. The Board of Governors shall apportion the expenses 
referred to in sub-paragraph B-1 above, among members in 
accordance with a scale to be fixed by the General Conference. 
In fixing the scale the General Conference shall be guided by 
the principles adopted by the United Nations in assessing 
contributions of Member States to the regular budget of the 
United Nations.
    E. The Board of Governors shall establish periodically a 
scale of charges, including reasonable uniform storage and 
handling charges, for materials, services, equipment, and 
facilities furnished to members by the Agency. The scale shall 
be designed to produce revenues for the Agency adequate to meet 
the expenses and costs referred to in sub-paragraph B-2 above, 
less any voluntary contributions which the Board of Governors 
may, in accordance with paragraph F, apply for this purpose. 
The proceeds of such charges shall be placed in a separate fund 
which shall be used to pay members for any materials, services, 
equipment, or facilities furnished by them and to meet other 
expenses referred to in sub-paragraph B-2 above which may be 
incurred by the Agency itself
    F. Any excess of revenues referred to in paragraph E over 
the expenses and costs there referred to, and any voluntary 
contributions to the Agency, shall be placed in a general fund 
which may be used as the Board of Governors, with the approval 
of the General Conference, may determine.
    G. Subject to rules and limitations approved by the General 
Conference, the Board of Governors shall have the authority to 
exercise borrowing powers on behalf of the Agency without, 
however, imposing on members of the Agency any liability in 
respect of loans entered into pursuant to this authority, and 
to accept voluntary contributions made to the Agency.
    H. Decisions of the General Conference on financial 
questions and of the Board of Governors on the amount of the 
Agency's budget shall require a two-thirds majority of those 
present and voting.

                 Article XV: Privileges and Immunities

    A. The Agency shall enjoy in the territory of each member 
such legal capacity and such privileges and immunities as are 
necessary for the exercise of its functions.
    B. Delegates of members together with their alternates and 
advisers, Governors appointed to the Board together with their 
alternates and advisers, and the Director General and the staff 
of the Agency, shall enjoy such privileges and immunities as 
are necessary in the independent exercise of their functions in 
connection with the Agency.
    C. The legal capacity, privileges, and immunities referred 
to in this article shall be defined in a separate agreement or 
agreements between the Agency, represented for this purpose by 
the Director General acting under instructions of the Board of 
Governors. and the members.

           Article XVI: Relationship with Other Organizations

    A. The Board of Governors, with the approval of the General 
Conference, is authorized to enter into an agreement or 
agreements establishing an appropriate relationship between the 
Agency and the United Nations and any other organizations the 
work of which is related to that of the Agency.
    B. The agreement or agreements establishing the 
relationship of the Agency and the United Nations shall provide 
for:
          1. Submission by the Agency of reports as provided 
        for in sub-paragraphs B-4 and B-5 of article III;
          2. Consideration by the Agency of resolutions 
        relating to it adopted by the General Assembly or any 
        of the Councils of the United Nations and the 
        submission of reports, when requested, to the 
        appropriate organ of the United Nations on the action 
        taken by the Agency or by its members in accordance 
        with this Statute as a result of such consideration.

                  Article XVII: Settlement of Disputes

    A. Any question or dispute concerning the interpretation or 
application of this Statute which is not settled by negotiation 
shall be referred to the International Court of Justice in 
conformity with the Statute of the Court, unless the parties 
concerned agree on another mode of settlement.
    B. The General Conference and the Board of Governors are 
separately empowered, subject to authorization from the General 
Assembly of the United Nations, to request the International 
Court of Justice to give an advisory opinion on any legal 
question arising within the scope of the Agency's activities.

               Article XVIII: Amendments and Withdrawals

    A. Amendments to this Statute may be proposed by any 
member. Certified copies of the text of any amendment proposed 
shall be prepared by the Director General and communicated by 
him to all members at least ninety days in advance of its 
consideration by the General Conference.
    B. At the fifth annual session of the General Conference 
following the coming into force of this Statute, the question 
of a general review of the provisions of this Statute shall be 
placed on the agenda of that session. On approval by a majority 
of the members present and voting, the review will take place 
at the following General Conference. Thereafter, proposals on 
the question of a general review of this Statute may be 
submitted for decision by the General Conference under the same 
procedure.
    C. Amendments shall come into force for all members when:
          (i) Approved by the General Conference by a two-
        thirds majority of those present and voting after 
        consideration of observations submitted by the Board of 
        Governors on each proposed amendment, and
          (ii) Accepted by two-thirds of all the members in 
        accordance with their respective constitutional 
        processes. Acceptance by a member shall be effected by 
        the deposit of an instrument of acceptance with the 
        depositary Government referred to in paragraph C of 
        article XXI.
    D. At any time after five years from the date when this 
Statute shall take effect in accordance with paragraph E of 
article XXI or whenever a member is unwilling to accept an 
amendment to this Statute, it may withdraw from the Agency by 
notice in writing to that effect given to the depositary 
Government referred to in paragraph C of article XXI, which 
shall promptly inform the Board of Governors and all members.
    E. Withdrawal by a member from the Agency shall not affect 
its contractual obligations entered into pursuant to article XI 
or its budgetary obligations for the year in which it 
withdraws.

                 Article XIX: Suspension of Privileges

    A. A member of the Agency which is in arrears in the 
payment of its financial contributions to the Agency shall have 
no vote in the Agency if the amount of its arrears equals or 
exceeds the amount of the contributions due from it for the 
preceding two years. The General Conference may, nevertheless, 
permit such a member to vote if it is satisfied that the 
failure to pay is due to conditions beyond the control of the 
member.
    B. A member which has persistently violated the provisions 
of this Statute or of any agreement entered into by it pursuant 
to this Statute may be suspended from the exercise of the 
privileges and rights of membership by the General Conference 
acting by a two-thirds majority of the members present and 
voting upon recommendation by the Board of Governors.

                        Article XX: Definitions

    As used in this Statute:
          1. The term ``special fissionable material'' means 
        plutonium-239; uranium-233; uranium enriched in the 
        isotopes 235 or 233; any material containing one or 
        more of the foregoing; and such other fissionable 
        material as the Board of Governors shall from time to 
        time deter mine; but the term ``special fissionable 
        material'' does not include source material.
          2. The term ``uranium enriched in the isotopes 235 or 
        233'' means uranium containing the isotopes 235 or 233 
        or both in an amount such that the abundance ratio of 
        the sum of these isotopes to the isotope 238 is greater 
        than the ratio of the isotope 235 to the isotope 238 
        occurring in nature.
          3. The term ``source material'' means uranium 
        containing the mixture of isotopes occurring in nature; 
        uranium depleted in the isotope 235; thorium; any of 
        the foregoing in the form of metal, alloy, chemical 
        compound, or concentrate; any other material containing 
        one or more of the foregoing in such concentration as 
        the Board of Governors shall from time to time 
        determine; and such other material as the Board of 
        Governors shall from time to time determine.

        Article XXI: Signature, Acceptance, and Entry into Force

    A. This Statute shall be open for signature on 26 October 
1956 by all States Members of the United Nations or of any of 
the specialized agencies and shall remain open for signature by 
those States for a period of ninety days.
    B. The signatory States shall become parties to this 
Statute by deposit of an instrument of ratification.
    C. Instruments of ratification by signatory States and 
instruments of acceptance by States whose membership has been 
approved under paragraph B of article IV of this Statute shall 
be deposited with the Government of the United States of 
America, hereby designated as depositary Government.
    D. Ratification or acceptance of this Statute shall be 
effected by States in accordance with their respective 
constitutional processes.
    E. This Statute, apart from the Annex, shall come into 
force when eighteen States have deposited instruments of 
ratification in accordance with paragraph B of this article, 
provided that such eighteen States shall include at least three 
of the following States: Canada, France, the Union of Soviet 
Socialist Republics, the United Kingdom of Great Britain and 
Northern Ireland, and the United States of America. Instruments 
of ratification and instruments of acceptance deposited 
thereafter shall take effect on the date of their receipt.
    F. The depositary Government shall promptly inform all 
States signatory to this Statute of the date of each deposit of 
ratification and the date of entry into force of the Statute. 
The depositary Government shall promptly inform all signatories 
and members of the dates on which States subsequently become 
parties thereto.
    G. The Annex to this Statute shall come into force on the 
first day this Statute is open for signature.

           Article XXII: Registration with the United Nations

    A. This Statute shall be registered by the depositary 
Government pursuant to Article 102 of the Charter of the United 
Nations.
    B. Agreements between the Agency and any member or members, 
agreements between the Agency and any other organization or 
organizations, and agreements between members subject to 
approval of the Agency, shall be registered with the Agency. 
Such agreements shall be registered by the Agency with the 
United Nations if registration is required under Article 102 of 
the Charter of the United Nations.

          Article XXIII: Authentic Texts and Certified Copies

    This Statute, done in the Chinese, English, French, Russian 
and Spanish languages, each being equally authentic, shall be 
deposited in the archives of the depositary Government. Duly 
certified copies of this Statute shall be transmitted by the 
depositary Government to the Governments of the other signatory 
States and to the Governments of States admitted to membership 
under paragraph B of article IV.

    In witness whereof the undersigned, duly authorized, have 
signed this Statute.

    Done at the Headquarters of the United Nations, this 
twenty-sixth day of October, one thousand nine hundred and 
fifty-six.

                     Annex: Preparatory Commission

    A. A Preparatory Commission shall come into existence on 
the first day this Statute is open for signature. It shall be 
composed of one representative each of Australia, Belgium, 
Brazil, Canada, Czechoslovakia, France, India, Portugal, Union 
of South Africa, Union of Soviet Socialist Republics, United 
Kingdom of Great Britain and Northern Ireland, and United 
States of America, and one representative each of six other 
States to be chosen by the International Conference on the 
Statute of the International Atomic Energy Agency. The 
Preparatory Commission shall remain in existence until this 
Statute comes into force and thereafter until the General 
Conference has convened and a Board of Governors has been 
selected in accordance with article VI.
    B. The expenses of the Preparatory Commission may be met by 
a loan provided by the United Nations and for this purpose the 
Preparatory Commission shall make the necessary arrangements 
with the appropriate authorities of the United Nations, 
including arrangements for repayment of the loan by the Agency. 
Should these funds be insufficient, the Preparatory Commission 
may accept advances from Governments. Such advances may be set 
off against the contributions of the Governments concerned to 
the Agency.
    C. The Preparatory Commission shall:
          1. Elect its own officers, adopt its own rules of 
        procedure, meet as often as necessary, determine its 
        own place of meeting and establish such committees as 
        it deems necessary;
          2. Appoint an executive secretary and staff as shall 
        be necessary, who shall exercise such powers and 
        perform such duties as the Commission may determine;
          3. Make arrangements for the first session of the 
        General Conference, including the preparation of a 
        provisional agenda and draft rules of procedure, such 
        session to be held as soon as possible after the entry 
        into force of this Statute;
          4. Make designations for membership on the first 
        Board of Governors in accordance with sub-paragraphs A-
        l and A-2 and paragraph B of article VI;
          5. Make studies, reports, and recommendations for the 
        first session of the General Conference and for the 
        first meeting of the Board of Governors on subjects of 
        concern to the Agency requiring immediate attention, 
        including (a) the financing of the Agency; (b) the 
        programmes and budget for the first year of the Agency; 
        (c) technical problems relevant to advance planning of 
        Agency operations; (d) the establishment of a permanent 
        Agency staff; and (e) the location of the permanent 
        headquarters of the Agency;
          6. Make recommendations for the first meeting of the 
        Board of Governors concerning the provisions of a 
        headquarters agreement defining the status of the 
        Agency and the rights and obligations which will exist 
        in the relationship between the Agency and the host 
        Government;
          7. (a) Enter into negotiations with the United 
        Nations with a view to the preparation of a draft 
        agreement in accordance with article XVI of this 
        Statute, such draft agreement to be submitted to the 
        first session of the General Conference and to the 
        first meeting of the Board of Governors; and
          (b) make recommendations to the first session of the 
        Conference and to the first meeting of the Board of 
        Governors concerning the relationship of the Agency to 
        other international organizations as contemplated in 
        article XVI of this Statute.
   b. Export and Import of Nuclear Equipment and Material Regulations

Regulations of the Nuclear Regulatory Commission, 10 CFR Part 110, May 
 19, 1978, 43 F.R. 21641; as amended at 45 F.R. 18906, March 24, 1980; 
 45 F.R. 51184, August 1, 1980; 49 F.R. 47197-47203, December 3, 1984; 
49 F.R. 49841, December 24, 1984; 50 F.R. 20743, May 20, 1985; 51 F.R. 
 12600, April 14, 1986; 51 F.R. 27826, August 4, 1986; 51 F.R. 47208, 
    December 31, 1986; 52 F.R. 9655, March 26, 1987; 52 F.R. 49374, 
December 31, 1987; 53 F.R. 4112, February 12, 1988; 53 F.R. 17916, May 
19, 1988; 53 F.R. 19263, May 27, 1988; 53 F.R. 43422, October 27, 1988; 
 55 F.R. 30450, July 26, 1990; 55 F.R. 34519, August 23, 1990; 56 F.R. 
  24684, May 31, 1991; 56 F.R. 38336, August 13, 1991; 56 F.R. 40692, 
August 15, 1991; 57 F.R. 18393, April 30, 1992; 57 F.R. 55080, November 
  24, 1992; 57 F.R. 62605, December 31, 1992; 58 F.R. 13001, March 9, 
  1993; 58 F.R. 57963, October 28, 1993; 59 F.R. 48997, September 26, 
1994; 59 F.R. 50689, October 5, 1994; 60 F.R. 37562, July 21, 1995; 60 
  F.R. 55183, October 30, 1995; 61 F.R. 35602, July 8, 1996; 62 F.R. 
  27495, May 20, 1997; 62 F.R. 52190, October 6, 1997; 62 F.R. 59277, 
November 3, 1997; 63 F.R. 1900, January 13, 1998; 63 F.R. 15744, April 
1, 1998; 64 F.R. 48955, September 9, 1999; 65 F.R. 70289, November 22, 
  2000; 67 F.R. 67101, November 4, 2002; 67 F.R. 70835, November 27, 
2002; 68 F.R. 31589, May 28, 2003; 68 F.R. 58824, October 10, 2003; 69 
  F.R. 2281, January 14, 2004; 69 F.R. 18803, April 9, 2004; 70 F.R. 
 29936, May 25, 2005; 70 F.R. 37991, July 1, 2005; 70 F.R. 37991, July 
  1, 2005; 70 F.R. 41939, July 21, 2005; 70 F.R. 46066, August 9, 2005

                     Subpart A--General Provisions

Sec. 110.1  Purpose and scope.

    (a) The regulations in this part prescribe licensing, 
enforcement, and rulemaking procedures and criteria, under the 
Atomic Energy Act, for the export of nuclear equipment and 
material, as set out in Sec. 110.8 and 110.9, and the import of 
nuclear equipment and material, as set out in Sec. 110.9a. This 
part also gives notice to all persons who knowingly provide to 
any licensee, applicant, contractor, or subcontractor, 
components, equipment, materials, or other goods or services, 
that relate to a licensee's or applicant's activities subject 
to this part, that they may be individually subject to NRC 
enforcement action for violation of Sec. 110.7b.
    (b) The regulations in this part apply to all persons in 
the United States except:
          (1) The Departments of Defense and Energy for 
        activities authorized by sections 54, 64, 82, and 91 of 
        the Atomic Energy Act, except when the Department of 
        Energy seeks an export license under section 111 of the 
        Atomic Energy Act;
          (2) Persons who export or import U.S. Munitions List 
        nuclear items, such as uranium depleted in the isotope-
        235 and incorporated in defense articles. These persons 
        are subject to the controls of the Department of State 
        pursuant to 22 CFR 120-130 ``International Traffic in 
        Arms Regulations'' (ITAR), under the Arms Export 
        Control Act, as authorized by section 110 of the 
        International Security and Development Cooperation Act 
        of 1980; \1\
---------------------------------------------------------------------------
    \1\ These exports are subject to the controls of the State 
Department and the Commerce Department under the general authority of 
the Arms Export Control Act and the Export Administration Act. The 
Commerce Department also has export licensing authority over additional 
nuclear-related commodities, such as advanced computers, bulk zirconium 
and beryllium.
---------------------------------------------------------------------------
          (3) Persons who export uranium depleted in the 
        isotope-235 and incorporated in commodities solely to 
        take advantage of high density or pyrophoric 
        characteristics. These persons are subject to the 
        controls of the Department of Commerce under the Export 
        Administration Act, as authorized by section 110 of the 
        International Security and Development Cooperation Act 
        of 1980;
          (4) Persons who export nuclear referral list 
        commodities. These persons are subject to the licensing 
        authority of the Department of Commerce pursuant to 15 
        CFR part 799, such as bulk zirconium, rotor and bellows 
        equipment, maraging steel, nuclear reactor related 
        equipment, including process control systems and 
        simulators; and
          (5) Persons who import deuterium, nuclear grade 
        graphite, or nuclear equipment other than production or 
        utilization facilities. A uranium enrichment facility 
        is not a production facility.
          (6) Shipments which are only passing through the U.S. 
        (in bond shipments) do not require an NRC import or 
        export license; however, they must comply with the 
        Department of Transportation/IAEA packaging, and state 
        transportation requirements.

Sec. 110.2  Definitions.

    As used in this part,
    ``Agreement for cooperation'' means any agreement with 
another nation or group of nations concluded under section 123 
of the Atomic Energy Act, as amended.
    ``Atomic Energy Act'' means the Atomic Energy Act of 1954, 
as amended (42 U.S.C. 2011).
    ``Byproduct material'' means
          (1) Any radioactive material (except special nuclear 
        material) yielded in, or made radioactive by, exposure 
        to the radiation incident to the process of producing 
        or using special nuclear material (as in a reactor); 
        and
          (2) The tailings or wastes produced by the extraction 
        or concentration or uranium or thorium from ore (see 10 
        CFR 20.1003).
    ``Classified information means National Security 
Information classified under Executive Order 12356.
    ``Commission'' means the United States Nuclear Regulatory 
Commission or its duly authorized representatives.
    ``Common defense and security'' means the common defense 
and security of the United States.
    ``Conversion facility'' means any facility for the 
transformation from one uranium chemical species to another, 
including: conversion of uranium ore concentrates to UO3, 
conversion of UO3 to UO2, conversion of uranium oxides to UF4 
or UF6, conversion of UF4 to UF6, conversion of UF6 to UF4, 
conversion of UF4 to uranium metal, and conversion of uranium 
fluorides to UO2.
    ``Depleted uranium'' means uranium having a percentage of 
uranium-235 less than the naturally occurring distribution of 
U-235 found in natural uranium (less than 0.711 weight percent 
U-235). It is obtained from spent (used) fuel elements or as 
byproduct tails or residues from uranium isotope separation.
    ``Deuterium'' means deuterium and any deuterium compound, 
including heavy water, in which the ratio of deuterium atoms to 
hydrogen atoms exceeds 1 : 5000.
    ``Disposal'' means permanent isolation of radioactive 
material from the surrounding environment.
    ``Dual-use'' means equipment and materials that may be used 
in nuclear or non-nuclear applications.
    ``Effective kilograms of special nuclear material'' means:
          (1) For plutonium and uranium-233, their weight in 
        kilograms;
          (2) For uranium enriched 1 percent or greater in the 
        isotope U-235, its element weight in kilograms 
        multiplied by the square of its enrichment expressed as 
        a decimal weight fraction; and
          (3) For uranium enriched below 1 percent in the 
        isotope U-235, its element weight in kilograms 
        multiplied by 0.0001.
    ``Embargoed'' means that no nuclear material or equipment 
can be exported to certain countries under an NRC general 
license because there is a U.S. trade embargo in effect.
    ``Exceptional circumstances'' means, with respect to 
exports from the United States of radioactive material listed 
in Table 1 of Appendix P of this part:
          (1) Cases of considerable health or medical need as 
        acknowledged by the U.S. Government and the government 
        of the importing country;
          (2) Cases where there is an imminent radiological 
        hazard or security threat presented by one or more 
        radioactive sources; and
          (3) Cases in which the exporting facility or U.S. 
        Government maintains control of the radioactive 
        material throughout the period the material is outside 
        of the U.S. and removes the material at the conclusion 
        of this period.
    ``Executive Branch'' means the Departments of State, 
Energy, Defense and Commerce and the Arms Control and 
Disarmament Agency.
    ``Export'' means to physically transfer nuclear equipment 
or material to a person or an international organization in a 
foreign country, except DOE distributions as authorized in 
Section 111 of the Atomic Energy Act or Section 110 of the 
International Security and Development Cooperation Act of 1980.
    ``General license'' means an export or import license 
effective without the filing of a specific application with the 
Commission or the issuance of licensing documents to a 
particular person.
    ``Heels'' means small quantities of natural, depleted or 
low-enriched uranium (to a maximum of 20 percent), in the form 
of UF6 left in emptied transport cylinders being returned to 
suppliers after delivery of the product.
    ``High-enriched uranium'' means uranium enriched to 20 
percent or greater in the isotope uranium-235.
    ``IAEA'' means the International Atomic Energy Agency.
    ``Import'' means import into the United States.
    ``Incidental radioactive material'' means any radioactive 
material not otherwise subject to specific licensing under this 
part that is contained in or a contaminant of any non-
radioactive material that:
          (1) For purposes unrelated to the regulations in this 
        part, is exported or imported for recycling or resource 
        recovery of the non-radioactive component; and
          (2) Will not be processed for separation of the 
        radioactive component before the recycling or resource 
        recovery occurs or as part of the resource recovery 
        process.
          The term does not include material that contains or 
        is contaminated with ``hazardous waste'' as defined in 
        section 1004(5) of the Solid Waste Disposal Act, 42 
        U.S.C. 6903(5).
    ``Individual shipment'' means a shipment consisting of one 
lot of freight tendered to a carrier by one consignor at one 
place at one time for delivery to one consignee on one bill of 
lading. This lot may consist of:
          (1) Only one item or
          (2) A number of containers all listed on the same set 
        of shipping documents. This one lot of freight or 
        ``distinct'' shipment can be transported on the same 
        carrier with other distinct shipments containing the 
        same items as long as each shipment is covered by 
        separate sets of shipping documents.
    The phrase ``introduced into a hearing'' means the 
introduction or incorporation of testimony or documentary 
matter into the record of a hearing.
    ``License'' means a general or specific export or import 
license issued pursuant to this part.
    ``Licensee'' means a person authorized by a specific or a 
general license to export or import nuclear equipment or 
material pursuant to this part.
    ``Low-enriched uranium'' means uranium enriched below 20 
percent in the isotope uranium-235.
    ``Management'' means storage, packaging, or treatment of 
radioactive waste.
    ``Natural uranium'' means uranium as found in nature, 
containing about 0.711 percent of Uranium 235, 99.283 percent 
of uranium-238, and a trace (0.006 percent) of uranium-234.
    ``NPT'' means the Treaty on the Non-Proliferation of 
Nuclear Weapons (TIAS 6839).
    ``Non-nuclear weapon State'' means any State not a nuclear 
weapon State as defined in the Treaty on the Non-Proliferation 
of Nuclear Weapons.
    ``Nuclear weapon State'' means any State which has 
manufactured and exploded a nuclear weapon or other nuclear 
explosive device prior to January 1, 1967.
    ``Non-Proliferation Act'' means the Nuclear Non-
Proliferation Act of 1978 (Pub. L. 95-242).
    ``NRC Public Document Room'' means the facility at One 
White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, where certain public records of the NRC 
that were made available for public inspection in paper or 
microfiche prior to the implementation of the NRC Agencywide 
Documents Access and Management System, commonly referred to as 
ADAMS, will remain available for public inspection. It is also 
the place where NRC makes computer terminals available to 
access the Publicly Available Records System (PARS) component 
of ADAMS on the NRC Web site, http://www.nrc.gov, and where 
copies can be viewed or ordered for a fee as set forth in Sec. 
9.35 of this chapter. The facility is staffed with reference 
librarians to assist the public in identifying and locating 
documents and in using the NRC Web site and ADAMS. The NRC 
Public Document Room is open from 7:45 am to 4:15 pm, Monday 
through Friday, except on Federal holidays. Reference service 
and access to documents may also be requested by telephone 
(301-415-4737 or 800-397-4209) between 8:30 am and 4:15 pm, or 
by e-mail ([email protected]), facsimile (301-415-3548), or letter 
(NRC Public Document Room, One White Flint North, 11555 
Rockville Pike (first floor), Rockville, Maryland 20852-2738).
    ``NRC records'' means any documentary material made by, in 
the possession of, or under the control of the Commission under 
Federal law or in connection with the transaction of public 
business as evidence of any of the Commission's activities.
    NRC Web site, http://www.nrc.gov, is the Internet uniform 
resource locator name for the Internet address of the Web site 
where NRC will ordinarily make available its public records for 
inspection.
    ``Nuclear grade graphite for nuclear end use'' means 
graphite having a purity level better than (i.e., less than) 5 
parts per million boron equivalent, as measured according to 
ASTM standard C1233-98 and intended for use in a nuclear 
reactor. (Nuclear grade graphite for non-nuclear end use is 
regulated by the Department of Commerce.)
    ``Nuclear reactor'' means an apparatus, other than an 
atomic weapon or nuclear explosive device, designed or used to 
sustain nuclear fission in a self-supporting chain reaction.
    ``Nuclear reactor internals'' means the major structures 
within a reactor vessel that have one or more functions such as 
supporting the core, maintaining fuel alignment, directing 
primary coolant flow, providing radiation shields for the 
reactor vessel, and guiding in-core instrumentation.
    ``Nuclear Referral List (NRL)'' means the nuclear-related, 
dual-use commodities on the Commerce Control List that are 
subject to the nuclear non-proliferation export licensing 
controls of the Department of Commerce. They are contained in 
15 CFR part 774 of the Department of Commerce's Export 
Administration Regulations and are designated by the symbol 
(NP) as the reason for control.
    ``Obligations'' means the commitments entered into by the 
U.S. Government under Atomic Energy Act (AEA) section 123 
agreements for cooperation in the peaceful uses of atomic 
energy. Imports and exports of material or equipment pursuant 
to such agreements are subject to these commitments, which in 
some cases involve an exchange of information on imports, 
exports, retransfers with foreign governments, peaceful end-use 
assurances, and other conditions placed on the transfer of the 
material or equipment. The U.S. Government informs the licensee 
of obligations attached to material or equipment being imported 
into the U.S. and approves changes to those obligations.
    ``Packaging'' means one or more receptacles and wrappers 
and their contents, excluding any special nuclear material, 
source material or byproduct material, but including absorbent 
material, spacing structures, thermal insulation, radiation 
shielding, devices for cooling and for absorbing mechanical 
shock, external fittings, neutron moderators, nonfissile 
neutron absorbers and other supplementary equipment.
    ``Participant'' means a person, identified in a hearing 
notice or other Commission order, who takes part in a hearing 
conducted by the Commission under this part, including any 
person to whom the Commission grants a hearing or leave to 
intervene in an export or import licensing hearing, either as a 
matter of right or as a matter of discretion.
    ``Person'' means any individual, corporation, partnership, 
firm, association, trust, estate, institution, group, 
Government agency other than the Commission or, with respect to 
imports, the Department of Energy; any State or political 
entity within a State; any foreign government or political 
entity of such government; and any authorized representative of 
the foregoing.
    ``Physical security'' means measures to reasonably ensure 
that source or special nuclear material will only be used for 
authorized purposes and to prevent theft or sabotage.
    ``Production facility'' means any nuclear reactor or plant 
specially designed or used to produce special nuclear material 
through the irradiation of source material or special nuclear 
material, the chemical reprocessing of irradiated source or 
special nuclear material, or the separation of isotopes, other 
than a uranium enrichment facility.
    ``Public health and safety'' means the public health and 
safety of the United States.
    ``Radioactive material'' means source, byproduct, or 
special nuclear material.
    ``Radioactive waste'' means any waste that contains or is 
contaminated with source, byproduct, or special nuclear 
material, including any such waste that contains or is 
contaminated with ``hazardous waste'' as defined in section 
1004(5) of the Solid Waste Disposal Act, 42 U.S.C. 6903(5), but 
such term does not include radioactive material that is--
          (1) Contained in a sealed source, or device 
        containing a sealed source, that is being returned to 
        any manufacturer qualified to receive and possess the 
        sealed source or the device containing a sealed source;
          (2) A contaminant on service equipment (including 
        service tools) used in nuclear facilities, if the 
        service equipment is being shipped for use in another 
        nuclear facility and not for waste management purposes 
        or disposal; or
          (3) Generated or used in a United States Government 
        waste research and development testing program under 
        international arrangements.
    ``Restricted destinations'' means countries that are not 
parties to the NPT or are listed for reasons recommended by the 
executive branch.
    ``Retransfer'' means the transport from one foreign country 
to another of nuclear equipment or nuclear material previously 
exported from the United States, or of special nuclear material 
produced through the use of source material or special nuclear 
material previously exported from the United States.
    ``Sealed source'' means any special nuclear material or 
byproduct material encased in a capsule designed to prevent 
leakage or escape of that nuclear material.
    ``Secretary'' means the Secretary of the Commission.
    ``Source material'' means:
          (1) Natural or depleted uranium, or thorium, other 
        than special nuclear material; or
          (2) Ores that contain by weight 0.05 percent or more 
        of uranium, thorium or depleted uranium.
    ``Special nuclear material'' means plutonium, uranium-233 
or uranium enriched above 0.711 percent by weight in the 
isotope uranium-235.
    ``Specific activity'' means the radioactivity of a 
radionuclide per unit mass of that nuclide, expressed in the SI 
unit of Terabequerels per gram (TBq/g). Values of specific 
activity are found in Appendix A to part 71 of this chapter.
    ``Specific license'' means an export or import license 
issued to a named person upon an application filed pursuant to 
this part.
    ``Storage'' means the temporary holding of radioactive 
material.
    ``Target'' means material subjected to irradiation in an 
accelerator or nuclear reactor to induce a reaction or produce 
nuclear material.
    ``Transfer'' means the transfer of possession from one 
person to another person.
    ``Transport'' means the physical movement of material from 
one location to another.
    ``Treatment means any method, technique, or process, 
including storage for radioactive decay, designed to change the 
physical, chemical or biological characteristics or composition 
of any radioactive material.
    ``Tritium'' means not only tritium but also includes 
compounds and mixtures containing tritium in which the ratio of 
tritium to hydrogen by atoms exceeds one part in 1,000.
    United States, when used in a geographical sense, includes 
Puerto Rico and all territories and possessions of the United 
States.
    ``Uranium enrichment facility'' means:
          (1) Any facility used for separating the isotopes of 
        uranium or enriching uranium in the isotope 235, except 
        laboratory scale facilities designed or used for 
        experimental or analytical purposes only; or
          (2) Any equipment or device, or important component 
        part especially designed for such equipment or device, 
        capable of separating the isotopes of uranium or 
        enriching uranium in the isotope 235.
    ``Utilization facility'' means:
          (1) Any nuclear reactor, other than one that is a 
        production facility and
          (2) Any of the following major components of a 
        nuclear reactor:
                  (i) Reactor pressure vessel (designed to 
                contain the core of a nuclear reactor);
                  (ii) Reactor primary coolant pump;
                  (iii) ``On-line'' reactor fuel charging and 
                discharging machine; and
                  (iv) Complete reactor control rod system.
          (3) A utilization facility does not include the steam 
        turbine generator portion of a nuclear power plant.

Sec. 110.3  Interpretations.

    Except as authorized by the Commission in writing, no 
interpretation of the meaning of the regulations in this part 
other than a written interpretation by the Commission's General 
Counsel is binding upon the Commission.

Sec. 110.4  Inquiries.

    Except where otherwise specified in this part, all 
communications and reports concerning the regulations in this 
part should be addressed to the Deputy Director of the NRC's 
Office of International Programs, either by telephone to (301) 
415-2344; by mail to the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; by hand delivery to the NRC's 
offices at 11555 Rockville Pike, Rockville, Maryland; or, where 
practicable, by electronic submission, for example, via 
Electronic Information Exchange, or CD-ROM. Electronic 
submissions must be made in a manner that enables the NRC to 
receive, read, authenticate, distribute, and archive the 
submission, and process and retrieve it a single page at a 
time. Detailed guidance on making electronic submissions can be 
obtained by visiting the NRC's Web site at http://www.nrc.gov/
site-help/eie.html, by calling (301) 415-6030, by e-mail to 
[email protected], or by writing the Office of Information Services, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
The guidance discusses, among other topics, the formats the NRC 
can accept, the use of electronic signatures, and the treatment 
of nonpublic information.

Sec. 110.5  License requirements.

    Except as provided under subpart B of this part, no person 
may export any nuclear equipment or material listed in Sec. 
110.8 and Sec. 110.9, or import any nuclear equipment or 
material listed in Sec. 110.9a, unless authorized by a general 
or specific license issued under this part.

Sec. 110.6  Retransfers.

    (a) Retransfer of any nuclear equipment or material listed 
in Sec. 110.8 and 110.9, including special nuclear material 
produced through the use of U.S.-origin source material or 
special nuclear material, requires authorization by the 
Department of Energy, unless, the export to the new destination 
is authorized under a special or general license or an 
exemption from licensing requirements. Under certain agreements 
for cooperation, Department of Energy authorization also is 
required for the retransfer of special nuclear material 
produced through the use of non-U.S.-supplied nuclear material 
in U.S.-supplied utilization facilities. Department of Energy 
authorization is also required for the retransfer of obligated 
nuclear equipment and material (see definition of ``obligated'' 
in Sec. 110.2).
    (b) Requests for authority to retransfer are processed by 
the Department of Energy, Office of Arms Control and 
Nonproliferation Technology Support, Washington, DC 20585.

Sec. 110.7  Information collection requirement: OMB approval.

    (a) The Nuclear Regulatory Commission has submitted the 
information collection requirements contained in this part to 
the Office of Management and Budget (OMB) for approval as 
required by the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). The NRC may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it 
displays a currently valid OMB control number. OMB has approved 
the information collection requirements contained in this part 
under control numbers 3150-0036.
    (b) The approved information collection requirements 
contained in this part appear in Sec. 110.7a, 110.23, 110.26, 
110.27, 110.31, 110.32, 110.50, 110.51, 110.52, and 110.53
    (c) This part contains information collection requirements 
in addition to those approved under the control number 
specified in paragraph (a) of this section. These information 
collection requirements and the control numbers under which 
they are approved are as follows:
          (1) In Sec. 110.19, 110.20, 110.21, 110.22, 110.23, 
        110.31, and 110.32, NRC Form 7 is approved under 
        control number 3150-0027.
          (2) [Reserved]

Sec. 110.7a  Completeness and accuracy of information.

    (a) Information provided to the Commission by an applicant 
for a license or by a licensee or information required by 
statute or by the Commission's regulations, orders, or license 
conditions to be maintained by the applicant or the licensee 
shall be complete and accurate in all material respects.
    (b) Each applicant or licensee shall notify the Commission 
of information identified by the applicant or licensee as 
having for the regulated activity a significant implication for 
public health and safety or common defense and security. An 
applicant or licensee violates this paragraph only if the 
applicant or licensee fails to notify the Commission of 
information that applicant or licensee has identified as having 
a significant implication for public health and safety or 
common defense and security. Notification shall be provided to 
the Administrator of the appropriate Regional Office within two 
working days of identifying the information. This requirement 
is not applicable to information which is already required to 
be provided to the Commission by other reporting or updating 
requirements.

Sec. 110.8  List of nuclear equipment and material under NRC export 
                    licensing authority.

    (a) Nuclear reactors and especially designed or prepared 
equipment and components for nuclear reactors. (See Appendix A 
to this part.)
    (b) Plants for the separation of isotopes of uranium 
(source material or special nuclear material) including gas 
centrifuge plants, gaseous diffusion plants, aerodynamic 
enrichment plants, chemical exchange or ion exchange enrichment 
plants, laser based enrichment plants, plasma separation 
enrichment plants, electromagnetic enrichment plants, and 
especially designed or prepared equipment, other than 
analytical instruments, for the separation of isotopes of 
uranium. (See appendices to this part for lists of: gas 
centrifuge equipment--Appendix B; gaseous diffusion equipment--
Appendix C; aerodynamic enrichment equipment--Appendix D; 
chemical exchange or ion exchange enrichment equipment--
Appendix E; laser based enrichment equipment--Appendix F; 
plasma separation enrichment equipment--Appendix G; and 
electromagnetic enrichment equipment--Appendix H.)
    (c) Plants for the separation of the isotopes of lithium 
and especially designed or prepared assemblies and components 
for these plants. (See Appendix N to this part.)
    (d) Plants for the reprocessing of irradiated nuclear 
reactor fuel elements and especially designed or prepared 
assemblies and components for these plants. (See Appendix I to 
this part.)
    (e) Plants for the fabrication of nuclear reactor fuel 
elements and especially designed or prepared assemblies and 
components for these plants. (See Appendix O to this part.)
    (f) Plants for the conversion of uranium and plutonium and 
especially designed or prepared assemblies and components for 
these plants. (See Appendix J to this part.)
    (g) Plants for the production, separation, or purification 
of heavy water, deuterium, and deuterium compounds and 
especially designed or prepared assemblies and components for 
these plants. (See Appendix K to this part.)
    (h) Plants for the production of special nuclear material 
using accelerator-driven subcritical assembly systems capable 
of continuous operation above 5 MWe thermal.
    (i) Other nuclear-related commodities are under the export 
licensing authority of the Department of Commerce.

Sec. 110.9  List of nuclear material under NRC export licensing 
                    authority.

    (a) Special Nuclear Material.
    (b) Source Material.
    (c) Byproduct Material.
    (d) Deuterium.
    (e) Nuclear grade graphite for nuclear end use.

Sec. 110.9a List of nuclear equipment and material under NRC import 
                    licensing authority.

    (a) Production and utilization facilities.
    (b) Special nuclear material.
    (c) Source material.
    (d) Byproduct material.

                         Subpart B--Exemptions

Sec. 110.10  General.

    (a) In response to a request or on its own initiative, the 
Commission may grant an exemption from the regulations in this 
part, if it determines that the exemption:
          (1) Is authorized by law;
          (2) Is not inimical to the common defense and 
        security; and
          (3) Does not constitute an unreasonable risk to the 
        public health and safety.
    (b) An exemption from statutory licensing requirements, as 
authorized by sections 57d, 62, and 81 of the Atomic Energy 
Act, will be granted only after coordination with the Executive 
Branch.
    (c) The granting of an exemption does not relieve any 
person from complying with the regulations of other Government 
agencies applicable to exports or imports under their 
authority.

Sec. 110.11  Export of IAEA safeguards samples.

    A person is exempt from the requirements for a license to 
export special nuclear material set forth in sections 53 and 
54d. of the Atomic Energy Act and from the regulations in this 
part to the extent that the person exports special nuclear 
material in IAEA safeguards samples, if the samples are 
exported in accordance with Sec. 75.42(e)(1) of this chapter, 
or a comparable Department of Energy order, and are in 
quantities not exceeding a combined total of 100 grams of 
contained plutonium, U-233 and U-235 per facility per year. 
This exemption does not relieve any person from complying with 
Parts 71 or 73 of this chapter or any Commission order pursuant 
to section 201(a) of the Energy Reorganization Act of 1974 (42 
U.S.C. 5841(a)).

                          Subpart C--Licenses

    Source: 49 FR 47198, December. 3, 1984, unless otherwise noted.

Sec. 110.19  Types of licenses.

    (a) Licenses for the export and import of nuclear equipment 
and material in this part consist of two types: General 
licenses and Specific licenses. Except as provided in paragraph 
(b) of this section, a general license is effective without the 
filing of an application with the Commission or the issuance of 
licensing documents to a particular person. A specific license 
is issued to a named person and is effective upon approval by 
the Commission of an application filed pursuant to the 
regulations in this part and issuance of licensing documents to 
the applicant. Issuance of a specific or general license under 
this part does not relieve a person from complying with 
applicable regulations of the Environmental Protection Agency 
for any export or import that contains or is contaminated with 
hazardous waste.
    (b) A person using a general license under this part as 
authority to export incidental radioactive material that is 
contained in or a contaminant of a shipment that exceeds 100 
kilograms in total weight shall file a completed NRC Form 7 
before the export takes place.

Sec. 110.20  General license information.

    (a) A person may use an NRC general license as authority to 
export or import nuclear equipment or material (including 
incidental radioactive material), if the nuclear equipment or 
material to be exported or imported is covered by the NRC 
general licenses described in Sec. 110.21 through 110.30.
          (1) A person using a general license under this part 
        as authority to export incidental radioactive material 
        that is contained in or a contaminant of a shipment 
        that exceeds 100 kilograms in total weight shall file a 
        completed NRC Form 7 before the export takes place.
          (2) If an export or import is not covered by the NRC 
        general licenses described in Sec. 110.21 through 
        110.30, a person must file an application with the 
        Commission for a specific license in accordance with 
        Sec. 110.31 through 110.32.
    (b) In response to a petition or on its own initiative, the 
Commission may issue a general license for export or import if 
it determines that any exports or imports made under the 
general license will not be inimical to the common defense and 
security or constitute an unreasonable risk to the public 
health and safety and otherwise meet applicable statutory 
requirements. A general license is issued as a regulation after 
a rulemaking proceeding under subpart K of this part. Issuance 
of a general license is coordinated with the Executive Branch.
    (c) A general license does not relieve a person from 
complying with the regulations of other Government agencies 
applicable to exports or imports under their authority.
    (d) A general license for export may not be used if the 
exporter knows, or has reason to believe, that the material 
will be used in any activity related to isotope separation, 
chemical reprocessing, heavy water production or the 
fabrication of nuclear fuel containing plutonium, unless these 
activities are generically authorized under an appropriate 
agreement for cooperation.
    (e) A person who uses an NRC general license as the 
authority to export or import may cite on the shipping 
documents the section of this part which authorizes the 
described export or import under general license, as a means of 
expediting U.S. Customs Service's processing of the shipment.
    (f) As specified in Sec. 110.21 through 110.26, 110.28, 
110.29, and 110.30 only certain countries are eligible 
recipients of equipment or material under NRC general licenses 
to export. The Commission will closely monitor these countries 
and may at any time remove a country from a general license in 
response to significant adverse developments in the country 
involved. A key factor in this regard is the nonproliferation 
credentials of the importing country.

Sec. 110.21  General license for the export of special nuclear 
                    material.

    (a) Except as provided in paragraph (d) of this section, a 
general license is issued to any person to export the following 
to any country not listed in Sec. 110.28:
          (1) Low-enriched uranium as residual contamination 
        (17.5 parts per million or less) in any item or 
        substance.
          (2) Plutonium containing 80 percent or more by weight 
        of plutonium-238 in cardiac pacemakers.
          (3) Special nuclear material, other than Pu-236 and 
        Pu-238, in sensing components in instruments, if no 
        more than 3 grams of enriched uranium or 0.1 gram of Pu 
        or U-233 are contained in each sensing component.
          (4) Pu-236 and Pu-238 when contained in a device, or 
        a source for use in a device, in quantities of less 
        than 3.7  10-3 TBq (100 millicuries) of alpha 
        activity (189 micrograms Pu-236, 5.88 milligrams Pu-
        238) per device or source.
    (b) Except as provided in paragraph (d) of this section, a 
general license is issued to any person to export the following 
to any country not listed in Sec. 110.28 or Sec. 110.29:
          (1) Special nuclear material, other than Pu-236 and 
        Pu-238, in individual shipments of 0.001 effective 
        kilogram or less (e.g., 1.0 gram of plutonium, U-233 or 
        U-235, or 10 kilograms of 1 percent enriched uranium), 
        not to exceed 0.1 effective kilogram per year to any 
        one country.
          (2) Special nuclear material in fuel elements as 
        replacements for damaged or defective unirradiated fuel 
        elements previously exported under a specific license, 
        subject to the same terms as the original export 
        license and the condition that the replaced fuel 
        elements must be returned to the United States within a 
        reasonable time period.
          (3) Uranium, enriched to less than 20 percent in U-
        235, in the form of UF6 heels in cylinders being 
        returned to suppliers in EURATOM.
    (c) Except as provided in paragraph (d) of this section, a 
general license is issued to any person to export Pu-236 or Pu-
238 to any country listed in Sec. 110.30 in individual 
shipments of 1 gram or less, not to exceed 100 grams per year 
to any one country.
    (d) The general licenses in paragraphs (a), (b), and (c) of 
this section do not authorize the export of special nuclear 
material in radioactive waste.
    (e) Persons using the general licenses in paragraphs (a), 
(b), and (c) of this section as authority to export special 
nuclear material as incidental radioactive material shall file 
a completed NRC Form 7 before the export takes place if the 
total weight of the shipment exceeds 100 kilograms.

Sec. 110.22  General license for the export of source material.

    (a) Except as provided in paragraph (e) of this section, a 
general license is issued to any person to export the following 
to any country not listed in Sec. 110.28:
          (1) Uranium or thorium, other than U-230, U-232, Th-
        227, and Th-228, in any substance in concentrations of 
        less than 0.05 percent by weight.
          (2) Thorium, other than Th-227 and Th-228, in 
        incandescent gas mantles or in alloys in concentrations 
        of 5 percent or less.
          (3) Th-227, Th-228, U-230, and U-232 when contained 
        in a device, or a source for use in a device, in 
        quantities of less than 3.7  10-3 TBq (100 
        millicuries) of alpha activity (3.12 micrograms Th-227, 
        122 micrograms Th-228, 3.7 micrograms U-230, 4.7 
        milligrams U-232) per device or source.
    (b) Except as provided in paragraph (e) of this section, a 
general license is issued to any person to export uranium or 
thorium, other than U-230, U-232, Th-227, or Th-228, in 
individual shipments of 10 kilograms or less to any country not 
listed in Sec. 110.28 or Sec. 110.29, not to exceed 1,000 
kilograms per year to any one country or 500 kilograms per year 
to any one country when the uranium or thorium is of Canadian 
origin.
    (c) A general license is issued to any person to export 
uranium, enriched to less than 20 percent in U-235, in the form 
of UF6 heels in cylinders being returned to suppliers in 
EURATOM.
    (d) Except as provided in paragraph (e) of this section, a 
general license is issued to any person to export uranium or 
thorium, other than U-230, U-232, Th-227, or Th-228, in 
individual shipments of 1 kilogram or less to any country 
listed in Sec. 110.29, not to exceed 100 kilograms per year to 
any one country.
    (e) Except as provided in paragraph (e) of this section, a 
general license is issued to any person to export U-230, U-232, 
Th-227, or Th-228 in individual shipments of 10 kilograms or 
less to any country listed in Sec. 110.30, not to exceed 1,000 
kilograms per year to any one country or 500 kilograms per year 
to any one country when the uranium or thorium is of Canadian 
origin.
    (f) Paragraphs (a), (b), (c), and (d) of this section do 
not authorize the export under general license of source 
material in radioactive waste.
    (g) Persons using the general licenses in paragraphs (a), 
(b), (c), and (d) of this section as authority to export source 
material as incidental radioactive material shall file a 
completed NRC Form 7 before the export takes place if the total 
weight of the shipment exceeds 100 kilograms.

Sec. 110.23  General license for the export of byproduct material.

    (a) A general license is issued to any person to export 
byproduct material (see appendix L to this part) except that:
          (1) This section does not authorize the export of 
        byproduct material to any embargoed country listed in 
        Sec. 110.28, or byproduct material in radioactive 
        waste, or tritium for recovery or recycle purposes.
          (2) Actinium-225 and -227, americium-241 and -242m, 
        californium-248, -249, -250, -251, -252, -253, and -
        254, curium-240, -241, -242, -243, -244, -245, -246 and 
        -247, einsteinium-252, -253, -254 and -255, fermium-
        257, gadolinium-148, mendelevium-258, neptunium-235 and 
        -237, polonium-210, and radium-223 must be contained in 
        a device, or a source for use in a device, in 
        quantities of less than 3.7  10-3 TBq (100 
        millicuries) of alpha activity per device or source, 
        unless the export is to a country listed in Sec. 
        110.30. Individual shipments must be less than the TBq 
        values specified in Category 2 of Table 1 of Appendix P 
        to this Part. Exports of americium and neptunium are 
        subject to the reporting requirements listed in 
        paragraph (b) of this section.
          (3) For americium-241, exports must not exceed 0.6 
        TBq (16 curies) per device or 60 TBq (1,600 curies) to 
        any one country listed in Sec. 110.29, and must be 
        contained in industrial process control equipment or 
        petroleum exploration equipment in quantities of less 
        than 0.6 TBq (16 curies) per device and per shipment, 
        not to exceed 60 TBq (1,600 curies) per year to any one 
        country. Individual shipments to all countries other 
        than those listed in Sec. 110.28 and 110.29 must be 
        less than 0.6 TBq (16 curies) per shipment, consistent 
        with Appendix P to this part.
          (4) For neptunium-235 and -237, exports must not 
        exceed individual shipments of one gram, not to exceed 
        10 grams per year to any one country.
          (5) For polonium-210, the material must be contained 
        in static eliminators and may not exceed 3.7 TBq (100 
        curies) per individual shipment.
          (6) For tritium in any dispersed form, except for 
        recovery or recycle purposes (e.g., luminescent light 
        sources and paint, accelerator targets, calibration 
        standards, labeled compounds), exports must not exceed 
        the quantity of 0.37 TBq (10 curies (1.03 milligrams)) 
        or less per item, not to exceed 37 TBq (1,000 curies 
        (103 milligrams)) per shipment or 370 TBq (10,000 
        curies (1.03 grams)) per year to any one country. 
        Exports of tritium to the countries listed in Sec. 
        110.30 must not exceed the quantity of 1.48 TBq (40 
        curies (4.12 milligrams)) or less per item, not to 
        exceed 37 TBq (1,000 curies (103 milligrams)) per 
        shipment or 370 TBq (10,000 curies (1.03 grams)) per 
        year to any, one country, and exports of tritium in 
        luminescent safety devices installed in aircraft must 
        not exceed a quantity of 1.48 TBq (40 curies (4.12 
        milligrams)) or less per light source.
    (b) Persons making exports under the general license 
established by paragraph (a) of this section shall submit by 
February 1 of each year one copy of a report of all americium 
and neptunium shipments during the previous calendar year. The 
report must include:
          (1) A description of the material, including 
        quantity;
          (2) Approximate shipment dates; and
          (3) A list of recipient countries, end users, and 
        intended use keyed to the items shipped.
    (c) Persons using a general license issued under paragraph 
(a) of this section as authority to export byproduct material 
as incidental radioactive material shall file a completed NRC 
Form 7 before the export takes place if the total weight of the 
shipment exceeds 100 kilograms.

Sec. 110.24  General license for the export of deuterium.

    (a) A general license is issued to any person to export 
deuterium in individual shipments of 10 kilograms or less (50 
kilograms of heavy water) to any country not listed in Sec. 
110.28 or Sec. 110.29. No person may export more than 200 
kilograms (1000 kilograms of heavy water) per year to any one 
country.
    (b) A general license is issued to any person to export 
deuterium in individual shipments of 1 kilogram or less (5 
kilograms of heavy water) to any country listed in Sec. 110.29. 
No person may export more than 5 kilograms (25 kilograms of 
heavy water) per year to any one country.

Sec. 110.26  General license for the export of nuclear reactor 
                    components.

    (a) A general license is issued to any person to export to 
the following countries any nuclear reactor component described 
in paragraphs (5) through (9) of appendix A to this part if--
          (1) The component is of U.S. origin,
          (2) The component will be used in a light or heavy 
        water-moderated power or research reactor in those 
        countries, or
          (3) The component is in semifabricated form and will 
        be undergoing final fabrication or repair in those 
        countries for subsequent return to the United States 
        for use in a nuclear power or research reactor in the 
        United States:
    Austria
    Belgium
    Bulgaria
    Canada
    Czech Republic
    Denmark
    Finland
    France
    German
    Indonesia
    Ireland
    Italy
    Japan
    Latvia
    Lithuania
    Luxembourg
    Netherlands
    New Zealand
    Philippines
    Portugal
    Republic of Korea
    Romania
    Spain
    Sweden
    Switzerland
    Taiwan
    United Kingdom
    (b) This general license does not authorize the export of 
components, in final or semi-fabricated form, for research 
reactors capable of continuous operation above 5 MWe thermal.
    (c) This general license does not authorize the export of 
essentially complete reactors through piecemeal exports of 
facility components. When individual exports of components 
would amount in the aggregate to export of an essentially 
complete nuclear reactor, a facility export license is 
required.
    (d) Persons making exports under the general license 
established by paragraph (a) of this section shall submit by 
February 1 of each year one copy of a report of all components 
shipped during the previous calendar year. This report must 
include:
          (1) A description of the components keyed to the 
        categories listed in appendix A to this part.
          (2) Approximate shipment dates.
          (3) A list of recipient countries and endusers keyed 
        to the items shipped.

Sec. 110.27  General license for imports.

    (a) Except as provided in paragraphs (b), (c), and (f) of 
this section, a general license is issued to any person to 
import byproduct, source, or special nuclear material if the 
consignee is authorized to receive and possess the material 
under:
          (1) A contract with the Department of Energy;
          (2) An exemption from licensing requirements issued 
        by the Commission; or
          (3) A general or specific NRC or Agreement State 
        license issued by the Commission or a State with which 
        the Commission has entered into an agreement under 
        Section 274b. of the Atomic Energy Act.
    (b) The general license in paragraph (a) of this section 
does not authorize the import of source or special nuclear 
material in the form of irradiated fuel that exceeds 100 
kilograms per shipment.
    (c) Paragraph (a) of this section does not authorize the 
import under general license of radioactive waste, other than 
radioactive waste that is being returned to a United States 
Government or military facility in the United States which is 
authorized to possess the material.
    (d) A person importing formula quantities of strategic 
special nuclear material (as defined in Sec. 73.2 of this 
chapter) under this general license shall provide the 
notifications required by Sec. 73.27 and Sec. 73.72 of this 
chapter.
    (e) A general license is issued to any person to import the 
major components of a utilization facility as defined in Sec. 
110.2 for end-use at a utilization facility licensed by the 
Commission.
    (f) Individual import shipments of radioactive material 
listed in Appendix P must be less than the amounts specified in 
Category 2 in Table 1 of Appendix P to this part.

Sec. 110.28  Embargoed destinations.

    Cuba
    Iran
    Iraq
    Libya
    North Korea
    Syria
    Sudan

Sec. 110.29  Restricted destinations.

    Afghanistan
    Andorra
    Angola
    Burma (Myanmar)
    Djibouti
    India
    Israel
    Oman
    Pakistan

Sec. 110.30  Members of the Nuclear Suppliers Group.

    Argentina
    Australia
    Austria
    Belarus
    Belgium
    Brazil
    Bulgaria
    Canada
    Cyprus
    Czech Republic
    Denmark
    Finland
    France
    Germany
    Greece
    Hungary
    Ireland
    Italy
    Japan
    Latvia
    Luxembourg
    Netherlands
    New Zealand
    Norway
    Poland
    Portugal
    Republic of Korea
    Romania
    Russia
    Slovak Republic
    Slovenia
    South Africa
    Spain
    Sweden
    Switzerland
    Turkey
    Ukraine
    United Kingdom

Sec. 110.30  Application for a specific license.

    (a) A person shall file an application for a specific 
license to export or import with the Deputy Director of the 
NRC's Office of International Programs, using an appropriate 
method listed in Sec. 110.4.
    (b) An application for a specific license to export or 
import must be accompanied by the appropriate fee in accordance 
with the fee schedule in Sec. 170.21 and Sec. 170.31 of this 
chapter. A license application will not be processed unless the 
specified fee is received.
    (c) A license application should be filed on NRC Form 7, 
except that an import license application and a production or 
utilization facility export license application should be filed 
by letter.
    (d) Each person shall provide in the license application, 
as appropriate, the information specified in Sec. 110.32. The 
Commission also may require the submission of additional 
information if necessary to complete its review.
    (e) An application may cover multiple shipments and 
destinations.
    (f) The applicant shall withdraw an application when it is 
no longer needed. The Commission's official files retain all 
documents related to a withdrawn application.

Sec. 110.32  Information required in an application for a specific 
                    license/NRC Form 7.

    (a) Name and address of applicant.
    (b) Name and address of supplier of equipment or material.
    (c) Country of origin of equipment or material, and any 
other countries that have processed the material prior to its 
import into the U.S.\1\
---------------------------------------------------------------------------
    \1\ Note: This is meant to include all obligations attached to the 
material, according to the definition of obligations in Sec. 110.2. 
Licensees must keep records of obligations attached to material which 
they own or is in their possession.
---------------------------------------------------------------------------
    (d) Names and addresses of all intermediate and ultimate 
consignees, other than intermediate consignees performing 
shipping services only.
    (e) Dates of proposed first and last shipments.
    (f) Description of the equipment or material including, as 
appropriate, the following:
          (1) Maximum quantity of material in grams or 
        kilograms (terabequerels or TBq for byproduct material) 
        and its chemical and physical form.
          (2) For enriched uranium, the maximum weight 
        percentage of enrichment and maximum weight of 
        contained U-235.
          (3) For nuclear equipment, total dollar value.
          (4) For nuclear reactors, the name of the facility 
        and its design power level.
          (5) For proposed exports or imports of radioactive 
        waste, and for proposed exports of incidental 
        radioactive material--the volume, classification (as 
        defined in Sec. 61.55 of this chapter), physical and 
        chemical characteristics, route of transit of shipment, 
        and ultimate disposition (including forms of 
        management) of the waste.
          (6) For proposed imports of radioactive waste--the 
        industrial or other process responsible for generation 
        of the waste, and the status of the arrangements for 
        disposition, e.g., any agreement by a low-level waste 
        compact or State to accept the material for management 
        purposes or disposal.
          (7) Description of end use by all consignees in 
        sufficient detail to permit accurate evaluation of the 
        justification for the proposed export or import, 
        including the need for shipment by the dates specified.
    (g) For proposed imports of material listed in Table 1 of 
Appendix P to this part, a copy of the applicant's 
authorization to receive and possess the radioactive material 
to be imported for each recipient.
    (h) For proposed exports of material listed in Table 1 of 
Appendix P to this part, pertinent documentation that the 
recipient of the material has the necessary authorization under 
the laws and regulations of the importing country to receive 
and possess the material. Pertinent documentation shall consist 
of a copy of the recipient's authorization to receive and 
possess the material to be exported or a confirmation from the 
government of the importing country that the recipient is so 
authorized. The recipient authorization shall include the 
following information:
          (1) Name of the recipient
          (2) Recipient location and legal address or principal 
        place of business
          (3) Relevant radionuclides and radioactivity being 
        imported or that the recipient is authorized to receive 
        and possess
          (4) Uses, if appropriate
          (5) The expiration date of the recipient's 
        authorization (if any)

               Subpart D--Review of License Applications

Sec. 110.40  Commission review.\2\
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    \2\ Editorial Note: Sec. 110.40 was amended at 70 FR 37992, July 1, 
2005. The amendment, however, could not be incorporated due to 
inaccurate amendatory instruction. At 70 FR 46066, August 9, 2005, the 
July 1, 2005 amendment was corrected. The correction, however, could 
not be incorporated due to inaccurate amendatory instruction.
---------------------------------------------------------------------------
    (a) Immediately after receipt of a license application for 
an export or import requiring a specific license under this 
part, the Commission will initiate its licensing review and, to 
the maximum extent feasible, will expeditiously process the 
application concurrently with any applicable review by the 
Executive Branch.
    (b) The Commissioners shall review a license application 
for export of the following:
          (1) A production or utilization facility.
          (2) More than one effective kilogram of high-enriched 
        uranium, plutonium or U-233.
          (3) Nuclear grade graphite for nuclear end use.
          (4) 1,000 kilograms or more of deuterium oxide (heavy 
        water), other than exports of heavy water to Canada.
          (5) An export involving assistance to end uses 
        related to isotope separation, chemical reprocessing, 
        heavy water production, advanced reactors, or the 
        fabrication of nuclear fuel containing plutonium, 
        except for exports of source material or low-enriched 
        uranium to EURATOM or Japan for enrichment up to 5 
        percent in the isotope uranium-235, and those 
        categories of exports which the Commission has approved 
        in advance as constituting permitted incidental 
        assistance.
          (6) The initial export to a country since March 10, 
        1978 of source or special nuclear material for nuclear 
        end use.
          (7) An export involving over:
                  (i) 10 grams of plutonium, U-233 or high-
                enriched uranium;
                  (ii) 1 effective kilogram of low-enriched 
                uranium;
                  (iii) Nuclear grade graphite for nuclear end 
                use;
                  (iv) 250 kilograms of source material or 
                heavy water; or
                  (v) 1,000 curies of tritium, to any country 
                listed in Sec. 110.28 or Sec. 110.29.
          (8) Any export subject to special limitations as 
        determined by the staff or a majority of the 
        Commissioners.
    (c) If the Commission has not completed action on a license 
application within 60 days after receipt of the Executive 
Branch judgment, as provided for in Sec. 110.41, or the license 
application when an Executive Branch judgment is not required, 
it will inform the applicant in writing of the reason for delay 
and, as appropriate, provide followup reports.

Sec. 110.41  Executive Branch review.

    (a) An application for a license to export the following 
will be promptly forwarded to the Executive Branch for review:
          (1) A production or utilization facility.
          (2) More than one effective kilogram of high-enriched 
        uranium or 10 grams of plutonium or U-233.
          (3) Nuclear grade graphite for nuclear end use.
          (4) More than 3.7 TBq (100 curies) of tritium, and 
        deuterium oxide (heavy water), other than exports of 
        heavy water to Canada.
          (5) One kilogram or more of source or special nuclear 
        material to be exported under the US-IAEA Agreement for 
        Cooperation.
          (6) An export involving assistance to end uses 
        related to isotope separation, chemical reprocessing, 
        heavy water production, advanced reactors, or the 
        fabrication of nuclear fuel containing plutonium, 
        except for exports of source material or low-enriched 
        uranium to EURATOM and Japan for enrichment up to 5 
        percent in the isotope uranium-235, and those 
        categories of exports approved in advance by the 
        Executive Branch as constituting permitted incidental 
        assistance.
          (7) The initial export of nuclear material or 
        equipment to a foreign reactor.
          (8) An export involving radioactive waste.
          (9) An export to any country listed in Sec. 110.28 or 
        Sec. 110.29.
          (10) An export subject to special limitations as 
        determined by the Commission or the Executive Branch.
    (b) The Executive Branch will be requested to:
          (1) Provide its judgment as to whether the proposed 
        export would be inimical to the common defense and 
        security, along with supporting rationale and 
        information.
          (2) Where applicable, confirm that the proposed 
        export would be under the terms of an agreement for 
        cooperation; and
          (3) Address the extent to which the export criteria 
        in Sec. 110.42 are met, if applicable, and the extent 
        to which the recipient country or group of countries 
        has adhered to the provisions of any applicable 
        agreement for cooperation.
    (c) The Commission may request the Executive Branch to 
address specific concerns and provide additional data and 
recommendations as necessary.

Sec. 110.42  Export licensing criteria.

     (a) The review of license applications for export for 
peaceful nuclear uses of production or utilization facilities 
\3\ or for export for peaceful nuclear uses of special nuclear 
or source material requiring a specific license under this part 
is governed by the following criteria:
---------------------------------------------------------------------------
    \3\ Exports of nuclear reactors, reactor pressure vessels, reactor 
primary coolant pumps, ``on-line'' reactor fuel charging and 
discharging machines, and complete reactor control rod systems, as 
specified in paras. (1) through (4) of appendix A to this part, are 
subject to the export licensing criteria in Sec. 110.42(a). Exports of 
nuclear reactor components, as specified in paras. (5) through (9) of 
appendix A to this part, when exported separately from the items 
described in paras. (1) through (4) of appendix A of this part, are 
subject to the export licensing criteria in Sec. 110.42(b).
---------------------------------------------------------------------------
          (1) IAEA safeguards as required by Article III (2) of 
        the NPT will be applied with respect to any such 
        facilities or material proposed to be exported, to any 
        such material or facilities previously exported and 
        subject to the applicable agreement for cooperation, 
        and to any special nuclear material used in or produced 
        through the use thereof.
          (2) No such material or facilities proposed to be 
        exported or previously exported and subject to the 
        applicable agreement for cooperation, and no special 
        nuclear material produced through the use of such 
        material or facilities, will be used for any nuclear 
        explosive device or for research on or development of 
        any nuclear explosive device.
          (3) Adequate physical security measures will be 
        maintained with respect to such material or facilities 
        proposed to be exported and to any special nuclear 
        material used in or produced through the use thereof. 
        Physical security measures will be deemed adequate if 
        such measures provide a level of protection equivalent 
        to that set forth in Sec. 110.44.
          (4) No such material or facilities proposed to be 
        exported, and no special nuclear material produced 
        through the use of such material, will be retransferred 
        to the jurisdiction of any other country or group of 
        countries unless the prior approval of the United 
        States is obtained for such retransfer.
          (5) No such material proposed to be exported and no 
        special nuclear material produced through the use of 
        such material will be reprocessed, and no irradiated 
        fuel elements containing such material removed from a 
        reactor will be altered in form or content, unless the 
        prior approval of the United States is obtained for 
        such reprocessing or alteration.
          (6) With respect to exports of such material or 
        facilities to nonnuclear weapon states, IAEA safeguards 
        will be maintained with respect to all peaceful 
        activities in, under the jurisdiction of, or carried 
        out under the control of such state at the time of 
        export. This criterion will not be applied if the 
        Commission has been notified by the President in 
        writing that failure to approve an export because this 
        criterion has not been met would be seriously 
        prejudicial to the achievement of United States 
        nonproliferation objectives or otherwise jeopardize the 
        common defense and security, in which case the 
        provisions of section 128 of the Atomic Energy Act 
        regarding Congressional review will apply.
          (7) The proposed export of a facility or of more than 
        0.003 effective kilograms of special nuclear material, 
        other than plutonium containing 80 percent or more by 
        weight of plutonium-238, would be under the terms of an 
        agreement for cooperation.
          (8) The proposed export is not inimical to the common 
        defense and security and, in the case of facility 
        exports, does not constitute an unreasonable risk to 
        the public health and safety in the United States.
          (9)(i) With respect to exports of high-enriched 
        uranium to be used as a fuel or target in a nuclear 
        research or test reactor, the Commission determines 
        that:
                  (A) There is no alternative nuclear reactor 
                fuel or target enriched to less than 20 percent 
                in the isotope U-235 that can be used in that 
                reactor;
                  (B) The proposed recipient of the uranium has 
                provided assurances that, whenever an 
                alternative nuclear reactor fuel or target can 
                be used in that reactor, it will use that 
                alternative fuel or target in lieu of highly-
                enriched uranium; and
                  (C) The United States Government is actively 
                developing an alternative nuclear reactor fuel 
                or target that can be used in that reactor.
          (ii) A fuel or target ``can be used'' in a nuclear 
        research or test reactor if--
                  (A) The fuel or target has been qualified by 
                the Reduced Enrichment Research and Test 
                Reactor Program of the Department of Energy; 
                and
                  (B) Use of the fuel or target will permit the 
                large majority of ongoing and planned 
                experiments and isotope production to be 
                conducted in the reactor without a large 
                percentage increase in the total cost of 
                operating the reactor.
    (b) The review of license applications for the export of 
nuclear equipment, other than a production or utilization 
facility, and for deuterium and nuclear grade graphite for 
nuclear end use, is governed by the following criteria:
          (1) IAEA safeguards as required by Article III (2) of 
        the NPT will be applied with respect to such equipment 
        or material.
          (2) No such equipment or material will be used for 
        any nuclear explosive device or for research on or 
        development of any nuclear explosive device.
          (3) No such equipment or material will be 
        retransferred to the jurisdiction of any other country 
        or group of countries without the prior consent of the 
        United States.
          (4) The proposed export is not inimical to the common 
        defense and security.
    (c) Except where paragraph (d) is applicable, the review of 
license applications for export of byproduct material or for 
export of source material for non-nuclear end uses requiring a 
specific license under this part is governed by the criterion 
that the proposed export is not inimical to the common defense 
and security.
    (d) The review of license applications for the export of 
radioactive waste requiring a specific license under this part 
is governed by the following criteria:
          (1) The proposed export is not inimical to the common 
        defense and security.
          (2) The receiving country, after being advised of the 
        information required by Sec. 110.32(f)(5), finds that 
        it has the administrative and technical capacity and 
        regulatory structure to manage and dispose of the waste 
        and consents to the receipt of the radioactive waste.
        In the case of radioactive waste containing a nuclear 
        material to which paragraph (a) or (b) of this section 
        is applicable, the criteria in this paragraph (d) shall 
        be in addition to the criteria provided in paragraph 
        (a) or (b) of this section.
    (e) In making its findings under paragraphs (a)(8) and (c) 
of this section for proposed exports of radioactive material 
listed in Appendix P to this part, the NRC shall consider:
          (1) Whether the foreign recipient is authorized based 
        on the authorization or confirmation required by Sec. 
        110.32(h) to receive and possess the material under the 
        laws and regulations of the importing country;
          (2) Whether the importing country has the appropriate 
        technical and administrative capability, resources and 
        regulatory structure to manage the material in a safe 
        and secure manner;
          (3) For proposed exports of Category 1 amounts of 
        radioactive material listed in Table 1 of Appendix P to 
        this part, whether the government of the importing 
        country provides consent to the United States 
        Government for the import of the material;
          (4) In cases where the importing country does not 
        have the technical and administrative capability 
        described in paragraph (e)(2) of this section, and in 
        cases where there is insufficient evidence of the 
        recipient's authorization to receive and possess the 
        material to be exported, described in paragraph (e)(1) 
        of this section, whether exceptional circumstances 
        exist, and if so, whether the export should be licensed 
        in light of those exceptional circumstances and the 
        risks, if any, to the common defense and security of 
        the proposed export;
          (5) For proposed exports under exceptional 
        circumstances of Category 1 or Category 2 amounts of 
        radioactive material listed in Table 1 of Appendix P to 
        this part, whether the government of the importing 
        country provides consent to the United States 
        Government for the import of the material;
          (6) For proposed exports of radioactive material 
        listed in Table 1 of Appendix P to this part under the 
        exceptional circumstance in which there is a 
        considerable health or medical need as acknowledged by 
        the U.S. Government and the importing country, whether 
        the United States and the importing country have, to 
        the extent practicable, made arrangements for the safe 
        and secure management of the radioactive sources during 
        and at the end of their useful life;
          (7) Based upon the available information, whether the 
        foreign recipient has engaged in clandestine or illegal 
        procurement of radioactive material listed in Table 1 
        of Appendix P to the part;
          (8) Based upon available information, whether an 
        import or export authorization for radioactive material 
        listed in Table 1 of Appendix P to this part has been 
        denied to the recipient or importing country, or 
        whether the recipient or importing country has diverted 
        any import or export of radioactive material previously 
        authorized; and
          (9) Based upon available information, whether there 
        is a risk of diversion or malicious acts involving 
        radioactive material in Table 1 of Appendix P to this 
        part.

Sec. 110.43  Import licensing criteria.

    The review of license applications for imports requiring a 
specific license under this part is governed by the following 
criteria:
          (a) The proposed import is not inimical to the common 
        defense and security.
          (b) The proposed import does not constitute an 
        unreasonable risk to the public health and safety.
          (c) Any applicable requirements of subpart A of part 
        51 of this chapter are satisfied.
          (d) With respect to the import of radioactive waste, 
        an appropriate facility has agreed to accept the waste 
        for management or disposal.
          (e) With respect to proposed imports of radioactive 
        material listed in Appendix P to this part, the NRC 
        shall consider whether the U.S. recipient is authorized 
        to possess the material under a contract with the 
        Department of Energy or a license issued by the 
        Commission or a State with which the Commission has 
        entered into an agreement under Section 274b of the 
        AEA.
          (f) In making its findings under paragraphs (a) and 
        (b) of this section for proposed imports of radioactive 
        material listed in Appendix P to this part, the NRC 
        shall consider:
                  (1) Based upon available information, whether 
                the applicant has been engaged in clandestine 
                or illegal procurement of radioactive material 
                listed in Table 1 of Appendix P to this part;
                  (2) Based upon available information, whether 
                an import or export authorization for 
                radioactive material has been denied to the 
                applicant or whether the applicant has diverted 
                any import or export of radioactive material 
                previously authorized; and
                  (3) Based upon available information, whether 
                a risk of diversion or malicious acts involving 
                the radioactive material listed in Table 1 of 
                Appendix P to this part.

Sec. 110.44  Physical security standards.

    (a) Physical security measures in recipient countries must 
provide protection at least comparable to the recommendations 
in the current version of IAEA publication INFCIRC/225/Rev. 4 
(corrected), June 1999, ``The Physical Protection of Nuclear 
Material and Nuclear Facilities,'' and is incorporated by 
reference in this part. This incorporation by reference was 
approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Notice of any changes 
made to the material incorporated by reference will be 
published in the Federal Register. Copies of INFCIRC/225/Rev. 4 
may be obtained from the Deputy Director, Office of 
International Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and are available for inspection at 
the NRC library, 11545 Rockville Pike, Rockville, Maryland 
20852-2738. A copy is available for inspection at the library 
of the Office of the Federal Register, 800 N. Capitol Street, 
NW, Suite 700, Washington DC.
    (b) Commission determinations on the adequacy of physical 
security measures are based on--
          (1) Receipt of written assurances from recipient 
        countries that physical security measures providing 
        protection at least comparable to the recommendations 
        set forth in INFCIRC/225/Rev. 4 (corrected).
          (2) Information obtained through country visits, 
        information exchanges, or other sources. Determinations 
        are made on a country-wide basis and are subject to 
        continuing review. Appendix M to this part describes 
        the different categories of nuclear material to which 
        physical security measures are applied.

Sec. 110.45  Issuance or denial of licenses.

    (a) The Commission will issue an export license if it has 
been notified by the State Department that it is the judgment 
of the Executive Branch that the proposed export will not be 
inimical to the common defense and security; and:
          (1) Finds, based upon a reasonable judgment of the 
        assurances provided and other information available to 
        the Federal government, that the applicable criteria in 
        Sec. 110.42, or their equivalent, are met. (If an 
        Executive Order provides an exemption pursuant to 
        section 126a of the Atomic Energy Act, proposed exports 
        to EURATOM countries are not required to meet the 
        criteria in Sec. 110.42(a) (4) and (5)); or
          (2) Finds that there are no material changed 
        circumstances associated with an export license 
        application (except for byproduct material 
        applications) from those existing at the time of 
        issuance of a prior license to export to the same 
        country, if the prior license was issued under the 
        provisions of paragraph (a)(1) of this section.
    (b) The Commission will issue an import license if it finds 
that:
          (1) The proposed import will not be inimical to the 
        common defense and security;
          (2) The proposed import will not constitute an 
        unreasonable risk to the public health and safety;
          (3) The requirements of subpart A of part 51 of this 
        chapter (to the extent applicable to the proposed 
        import) have been satisfied; and
          (4) With respect to a proposed import of radioactive 
        waste, an appropriate facility has agreed to accept the 
        waste for management or disposal.
          (5) With respect to a proposed import of radioactive 
        material listed in Table 1 of Appendix P to this part, 
        the U.S. recipient is authorized to receive and possess 
        the material under a contract with the Department of 
        Energy or a license issued by the Commission or a State 
        with which the Commission has entered into an agreement 
        under Section 274b. of the Atomic Energy Act.
    (c) With respect to a proposed import of radioactive 
material listed in Table 1 of Appendix P to this part:
          (1) If the Commission authorizes a proposed import of 
        Category 1 or Category 2 amounts of radioactive 
        material, it will take appropriate steps to ensure that 
        a copy of the recipient authorization, or confirmation 
        by the U.S. Government that the recipient is authorized 
        to receive and possess the source or sources to be 
        exported, is provided to the Government of the 
        exporting country or to the exporting facility.
          (2) If the Commission authorizes a proposed import of 
        Category 1 amounts of radioactive material, it will 
        take appropriate steps to ensure that a copy of the 
        consent of the United States Government to the import 
        is provided to the government of the exporting country 
        in cases where it is requested by such government.
    (d) If, after receiving the Executive Branch judgement that 
the issuance of a proposed export license will not be inimical 
to the common defense and security, the Commission does not 
issue the proposed license on a timely basis because it is 
unable to make the statutory determinations required under the 
Atomic Energy Act, the Commission will publicly issue a 
decision to that effect and will submit the license application 
to the President. The Commission's decision will include an 
explanation of the basis for the decision and any dissenting or 
separate views. The provisions in this paragraph do not apply 
to Commission decisions regarding license applications for the 
export of byproduct material or radioactive waste requiring a 
specific license.
    (e) The Commission will deny: (1) Any export license 
application for which the Executive Branch judgment does not 
recommend approval; (2) any byproduct material export license 
application for which the Commission is unable to make the 
finding in paragraph (a)(1) of this section; or (3) any import 
license application for which the Commission is unable to make 
the finding in paragraph (b) of this section. The applicant 
will be notified in writing of the reason for denial.

Sec. 110.46  Conduct resulting in termination of nuclear exports.

    (a) Except as provided in paragraph (c) of this section, no 
license will be issued to export nuclear equipment or material, 
other than byproduct material, to any non-nuclear weapon state 
that is found by the President to have, after March 10, 1978:
          (1) Detonated a nuclear explosive device;
          (2) Terminated or abrogated IAEA safeguards;
          (3) Materially violated an IAEA safeguards agreement; 
        or
          (4) Engaged in activities involving source or special 
        nuclear material and having direct significance for the 
        manufacture or acquisition of nuclear explosive 
        devices, and failed to take steps which represent 
        sufficient progress toward terminating such activities.
    (b) Except as provided in paragraph (c) of this section, no 
license will be issued to export nuclear equipment or material, 
other than byproduct material, to any country or group of 
countries that is found by the President to have, after March 
10, 1978:
          (1) Materially violated an agreement for cooperation 
        with the United States or the terms of any other 
        agreement under which nuclear equipment or material has 
        been exported;
          (2) Assisted, encouraged or induced any non-nuclear 
        weapon state to engage in activities involving source 
        or special nuclear material and having direct 
        significance for the manufacture or acquisition of 
        nuclear explosive devices, and failed to take steps 
        which represent sufficient progress toward terminating 
        such assistance, encouragement or inducement; or
          (3) Entered into an agreement for the transfer of 
        reprocessing equipment, materials or technology to the 
        sovereign control of a non-nuclear weapon state, except 
        in connection with an international fuel cycle 
        evaluation in which the United States is a participant 
        or pursuant to an international agreement or 
        understanding to which the United States subscribes.
    (c) Under section 129 of the Atomic Energy Act, the 
President may waive the requirement for the termination of 
exports to a country described in paragraph (a) or (b) of this 
section after determining in writing that the cessation of 
exports would seriously prejudice the achievement of United 
States nonproliferation objectives or otherwise jeopardize the 
common defense and security. If the President makes this 
determination, the Commission will issue licenses to export to 
that country, if other applicable statutory provisions are met.

            Subpart E--License Terms and Related Provisions

Sec. 110.50  Terms.

    (a) General and specific licenses. (1) Each license is 
subject to all applicable provisions of the Atomic Energy Act 
and to all applicable rules, regulations, decisions and orders 
of the Commission.
    (2) Each license is subject to amendment, suspension, 
revocation or incorporation of separate conditions when 
required by amendments of the Atomic Energy Act or other 
applicable law, or by other rules, regulations, decisions or 
orders issued in accordance with the terms of the Atomic Energy 
Act or other applicable law.
    (3) Each license authorizes export or import only and does 
not authorize any person to receive title to, acquire, receive, 
possess, deliver, use, transport or transfer nuclear equipment 
or material.
    (4) Each nuclear material license authorizes the export or 
import of only the nuclear material and accompanying packaging 
and fuel element hardware.
    (5) No nuclear equipment license confers authority to 
export or import nuclear material.
    (6) Each nuclear equipment export license authorizes the 
export of only those items required for use in the foreign 
nuclear installation for which the items are intended.
    (7) A licensee shall not proceed to export or import and 
shall notify the Commission promptly if he knows or has reason 
to believe that the packaging requirements of part 71 of this 
chapter have not been met.
    (b) Specific licenses. (1) Each specific license will have 
an expiration date.
    (2) A licensee may export or import only for the purpose 
stated in the license application.
    (3) Unless a license specifically authorizes the export of 
foreign-origin nuclear material or equipment, a licensee may 
not ship such material or equipment until;
          (i) The licensee has given at least 40 days advance 
        notice of the intended shipment in writing to the 
        Deputy Director, Office of International Programs 
        (OIP), and
          (ii) The Deputy Director, OIP, has
                  (A) Obtained confirmation, through either the 
                Department of Energy or State, that the foreign 
                government in question has given its consent to 
                the intended shipment pursuant to its agreement 
                for cooperation with the United States, and
                  (B) Communicated this in writing to the 
                licensee.
    (4) A licensee authorized to export or import the 
radioactive material listed in Appendix P to this part is 
responsible for notifying NRC and, in cases of exports, the 
government of the importing country in advance of each 
shipment. A list of points of contact in importing countries is 
available at NRC's Office of International Programs website, 
accessible on the NRC Public Web Site by the following links to 
What We Do--International Programs. The NRC's office 
responsible for receiving advance notifications for all export 
and import shipments is the NRC Operations Center. Specific 
details on where to send the information will be listed in each 
specific export and import license. Notifications must be 
received by the NRC at least 7 days in advance of each 
shipment, to the extent practical, but in no case less than 24 
hours in advance of each shipment. Notifications may be 
electronic or in writing on business stationary, and must 
contain or be accompanied by the information which follows.
          (i) For export notifications:
                  (A) Part 110 export license number and 
                expiration date;
                  (B) Name of the individual and licensee 
                making the notification, address, and telephone 
                number;
                  (C) Foreign recipient name, address, and end 
                use location(s) (if different than recipient's 
                address);
                  (D) Radionuclides and activity level in TBq, 
                both for single and aggregate shipments;
                  (E) Make, model and serial number, for any 
                Category 1 and 2 sealed sources, if available;
                  (F) End use in the importing country, if 
                known;
                  (G) Shipment date;
                  (H) A copy of the foreign recipient's 
                authorization or confirmation of that 
                authorization from the government of the 
                importing country as required by Sec. 
                110.32(h).
          (ii) For import notifications:
                  (A) Part 110 import license number and 
                expiration date;
                  (B) Name of individual and licensee making 
                the notification, address, and telephone 
                number;
                  (C) Recipient name, location, and address (if 
                different than above);
                  (D) Radionuclides and activity level in TBq, 
                both for single and aggregate shipments;
                  (E) Make, model and serial number, 
                radionuclide, and activity level for any 
                Category 1 and 2 sealed sources, if available;
                  (F) End use in the U.S.;
                  (G) Shipment date from exporting facility and 
                estimated arrival date at the end use location;
                  (H) NRC or Agreement State license number to 
                possess the import in the U.S. and expiration 
                date.
    (5) A licensee authorized to export or import nuclear 
material is responsible for compliance with applicable 
requirements of parts 40, 70, 71, and 73 of this chapter, 
unless a domestic licensee of the Commission has assumed that 
responsibility and the Commission has been so notified.
    (6) A license may be transferred, disposed of or assigned 
to another person only with the approval of the Commission by 
license amendment.
    (7) Advance notifications containing the above information 
must be controlled, handled, and transmitted in accordance with 
Sec. 2.390 of this chapter and other applicable NRC 
requirements governing protection of sensitive information.

Sec. 110.51  Amendment and renewal of licenses.

    (a) A licensee may submit a request to renew a license or 
to amend a license.
    (b) If an application to renew a license is submitted 30 
days or more before the license expires, the license remains 
valid until the Commission acts on the renewal application. An 
expired license is not renewable.
    (c) An amendment is not required for:
          (1) Changes in value (but not amount or quantity);
          (2) Changes in the mailing addresses within the same 
        countries of intermediate or ultimate consignees; or
          (3) The addition of intermediate consignees in any of 
        the importing countries specified in the license (for a 
        nuclear equipment license only).
    (d) In acting upon license renewal and amendment 
applications, the Commission will use, as appropriate, the same 
procedures and criteria it uses for original license 
applications.

Sec. 110.52  Revocation, suspension, and modification.

    (a) A license may be revoked, suspended, or modified for a 
condition which would warrant denial of the original license 
application.
    (b) The Commission may require further information from a 
licensee to determine whether a license should be revoked, 
suspended, or modified.
    (c) Except when the common defense and security or public 
health and safety requires otherwise, no license will be 
revoked, suspended, or modified before the licensee is informed 
in writing of the grounds for such action and afforded the 
opportunity to reply and be heard under procedures patterned on 
those in subpart I.

Sec. 110.53  United States address, records, and inspections.

    (a) Each licensee shall have an office in the United States 
where papers may be served and where records required by the 
Commission will be maintained.
    (b)(1) Each licensee shall maintain records concerning his 
exports or imports. The licensee shall retain these records for 
five years after each export or import, except that byproduct 
material records must be retained for three years after each 
export or import.
    (2) Records which must be maintained pursuant to this part 
may be the original or a reproduced copy of microform if such 
reproduced copy or microform is duly authenticated by 
authorized personnel and the microform is capable of producing 
a clear and legible copy after storage for the period specified 
by Commission regulations. The record may also be stored in 
electronic media with the capability for producing legible, 
accurate, and complete records during the required retention 
period. Records such as letters, drawings, specifications, must 
include all pertinent information such as stamps, initials, and 
signatures. The licensee shall maintain adequate safeguards 
against tampering with and loss of records.
    (c) Each licensee shall permit the Commission to inspect 
his records, premises, and activities pertaining to his exports 
and imports when necessary to fulfill the requirements of the 
Atomic Energy Act.

                 Subpart F--Violations and Enforcement

Sec. 110.60  Violations.

    (a) The Commission may obtain an injunction or other court 
order to prevent a violation of the provisions of--
          (1) The Atomic Energy Act of 1954, as amended;
          (2) Title II of the Energy Reorganization Act of 
        1974, as amended; or
          (3) A regulation or order issued pursuant to those 
        Acts.
    (b) The Commission may obtain a court order for the payment 
of a civil penalty imposed under section 234 of the Atomic 
Energy Act:
          (1) For violations of--
                  (i) Sections 53, 57, 62, 63, 81, 82, 101, 
                103, 104, 107, or 109 of the Atomic Energy Act 
                of 1954, as amended;
                  (ii) Section 206 of the Energy Reorganization 
                Act;
                  (iii) Any rule, regulation, or order issued 
                pursuant to the sections specified in paragraph 
                (b)(1)(i) of this section;
                  (iv) Any term, condition, or limitation of 
                any license issued under the sections specified 
                in paragraph (b)(1)(i) of this section.
          (2) For any violation for which a license may be 
        revoked under section 186 of the Atomic Energy Act of 
        1954, as amended.

Sec. 110.62  Order to show cause.

    (a) In response to an alleged violation, described in 
Sec. 110.60, the Commission may institute a proceeding to 
revoke, suspend, or modify a license by issuing an order to 
show cause:
          (1) Stating the alleged violation and proposed 
        enforcement action; and
          (2) Informing the licensee of his right, within 20 
        days or other specified time, to file a written answer 
        and demand a hearing.
    (b) An answer consenting to the proposed enforcement action 
shall constitute a waiver by the licensee of a hearing and of 
all rights to seek further Commission or judicial review.
    (c) The order to show cause may be omitted and an order 
issued to revoke, suspend, or modify the license in cases where 
the Commission determines that the violation is willful or that 
the public health, safety, or interest so requires.

Sec. 110.63  Order for revocation, suspension, or modification.

    (a) In response to an alleged violation described in 
Sec. 110.60, the Commission may revoke, suspend, or modify a 
license by issuing an order:
          (1) Stating the violation and the effective date of 
        the proposed enforcement action; and
          (2) Informing the licensee of his right, within 20 
        days or other specified time, to file a written answer 
        and demand a hearing.
    (b) If an answer is not filed within the time specified, 
the enforcement action will become effective and permanent as 
proposed.
    (c) If a timely answer is filed, the Commission, after 
considering the answer, will issue an order dismissing the 
proceeding, staying the effectiveness of the order or taking 
other appropriate action.
    (d) The order may be made effective immediately, with 
reasons stated, pending further hearing and order, when the 
Commission determines that the violation is willful or that the 
public health, safety, or interest so requires.

Sec. 110.64  Civil penalty.

    (a) In response to a violation, the Commission may 
institute a proceeding to impose a civil penalty under section 
234 of the Atomic Energy Act by issuing a notice to the 
licensee:
          (1) Stating the alleged violation and the amount of 
        the proposed penalty;
          (2) Informing the licensee of his right, within 20 
        days or other specified time, to file a written answer; 
        and
          (3) Advising that a delinquent payment for a 
        subsequently imposed penalty may be referred to the 
        Attorney General for collection pursuant to section 
        234c. of the Atomic Energy Act.
    (b) If an answer is not filed within the time specified, 
the Commission will issue an order imposing the proposed 
penalty.
    (c) If a timely answer is filed, the Commission, after 
considering the answer, will issue an order dismissing the 
proceeding or imposing a penalty subject to any required 
hearing.
    (d) If an order imposing a civil penalty is issued, the 
licensee may request a hearing within 20 days or other 
specified time.
    (e) Except when the matter has been referred to the 
Attorney General for collection, payment of penalties shall be 
made by check, draft, or money order payable to the Treasurer 
of the United States, and mailed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.
    (f) An enforcement action to impose a civil penalty will 
not itself revoke, modify, or suspend any license under this 
part.

Sec. 110.65  Settlement and compromise.

    At any time after issuance of an order for any enforcement 
action under this subpart, an agreement may be entered into for 
settlement of the proceeding or compromise of a penalty. Upon 
approval by the Commission, or presiding officer if a hearing 
has been requested, the terms of the settlement or compromise 
will be embodied in the order disposing of the enforcement 
action.

Sec. 110.66  Enforcement hearing.

    (a) If the licensee demands a hearing, the Commission will 
issue an order specifying the time and place.
    (b) A hearing pursuant to this subpart will be conducted 
under the procedures in Subpart G of Part 2.

Sec. Sec. 110.67 Criminal penalties.

    (a) Section 223 of the Atomic Energy Act of 1954, as 
amended, provides for criminal sanctions for willful violation 
of, attempted violation of, or conspiracy to violate, any 
regulation issued under sections 161b, 161i, or 161o of the 
Act. For purposes of section 223, all the regulations in part 
110 are issued under one or more of sections 161b, 161i, or 
161o, except for the sections listed in paragraph (b) of this 
section.
    (b) The regulations in part 110 that are not issued under 
sections 161b, 161i, or 161o for the purposes of section 223 
are as follows:
          Sec. 110.1, 110.2, 110.3, 110.4, 110.7, 110.10, 
        110.11, 110.30, 110.31, 110.32, 110.40, 110.41, 110.42, 
        110.43, 110.44, 110.45, 110.46, 110.51, 110.52, 110.60, 
        110.61, 110.62, 110.63, 110.64, 110.65, 110.66, 110.67, 
        110.70, 110.71, 110.72, 110.73, 110.80, 110.81, 110.82, 
        110.83, 110.84, 110.85, 110.86, 110.87, 110.88, 110.89, 
        110.90, 110.91, 110.100, 110.101, 110.102, 110.103, 
        110.104, 110.105, 110.106, 110.107, 110.108, 110.109, 
        110.110, 110.111, 110.112, 110.113, 110.120, 110.122, 
        110.124, 110.130, 110.131, 110.132, 110.133, 110.134, 
        and 110.135.

   Subpart G--Public Notification and Availability of Documents and 
                                Records

Sec. 110.70  Public notice of receipt of an application.

    (a) The Commission will notice the receipt of each license 
application for an export or import for which a specific 
license is required by making a copy available at the NRC Web 
site, http://www.nrc.gov.
    (b) The Commission will also publish in the Federal 
Register a notice of receipt of an application for a license to 
export the following:
          (1) A production or utilization facility.
          (2) Five effective kilograms or more of plutonium, 
        high-enriched uranium or uranium-233.
          (3) 10,000 kilograms or more of heavy water.
          (4) Nuclear grade graphite for nuclear end use.
          (5) Radioactive waste.
          (Note: Does not apply to exports of heavy water to 
        Canada.)
    (c) The Commission will also publish in the Federal 
Register a notice of receipt of a license application for an 
import of radioactive waste for which a specific license is 
required.

Sec. 110.71  Notice of withdrawal of an application.

    The Commission will notice the withdrawal of an application 
by making a copy available at the NRC Web site, http://
www.nrc.gov.

Sec. 110.72  Public availability of documents.

    Unless exempt from disclosure under part 9 of this chapter, 
the following documents pertaining to each license and license 
application for an import or export requiring a specific 
license under this part will be made available at the NRC Web 
site, http://www.nrc.gov, and/or at the NRC Public Document 
Room:
          (a) The license application and any requests for 
        amendments;
          (b) Commission correspondence with the applicant or 
        licensee;
          (c) Federal Register notices;
          (d) The Commission letter requesting Executive Branch 
        views;
          (e) Correspondence from the State Department with 
        Executive Branch views;
          (f) Correspondence from foreign governments and 
        international organizations;
          (g) Filings pursuant to subpart I and Commission and 
        Executive Branch responses, if any;
          (h) If a hearing is held, the hearing record and 
        decision;
          (i) A statement of staff conclusions; and
          (j) The license, requests for license amendments and 
        amendments.

Sec. 110.73  Availability of NRC records.

    (a) Commission records under this part will be made 
available to the public only in accordance with part 9 of this 
chapter.
    (b) Proprietary information provided under this part may be 
protected under Part 9 and Sec. 2.390(b), (c), and (d) of this 
chapter.

     Subpart H--Public Participation Procedures Concerning License 
                              Application

Sec. 110.80  Basis for hearings.

    The procedures in this part will constitute the exclusive 
basis for hearings on export license applications.

Sec. 110.81  Written comments.

    (a) The Commission encourages written comments from the 
public regarding export and import license applications. The 
Commission will consider and, if appropriate, respond to these 
comments.
    (b) If possible, these comments should be submitted within 
30 days after public notice of receipt of the application and 
addressed to the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff.
    (c) The Commission will provide the applicant with a copy 
of the comments and, if appropriate, a reasonable opportunity 
for response.

Sec. 110.82  Hearing request or intervention petition.

    (a) A person may request a hearing or petition for leave to 
intervene on a license application for an import or export 
requiring a specific license.
    (b) Hearing requests and intervention petitions must:
          (1) State the name, address and telephone number of 
        the requestor or petitioner;
          (2) Set forth the issues sought to be raised;
          (3) Explain why a hearing or an intervention would be 
        in the public interest and how a hearing or 
        intervention would assist the Commission in making the 
        determinations required by Sec. 110.45.
          (4) Specify, when a person asserts that his interest 
        may be affected, both the facts pertaining to his 
        interest and how it may be affected, with particular 
        reference to the factors in Sec. 110.84.
    (c) Hearing requests and intervention petitions will be 
considered timely only if filed not later than:
          (1) 30 days after notice of receipt in the Federal 
        Register, for those applications published in the 
        Federal Register;
          (2) 30 days after notice of receipt in the Public 
        Document Room, for all other applications; or
          (3) Such other time as may be provided by the 
        Commission.

Sec. 110.83  Answers and replies.

    (a) Unless otherwise specified by the Commission, an answer 
to a hearing request or intervention petition may be filed 
within 30 days after the request or petition has been served.
    (b) Unless otherwise specified by the Commission, a reply 
to an answer may be filed within 10 days after all timely 
answers have been filed.
    (c) Answers and replies should address the factors in 
Sec. 110.84.

Sec. 110.84  Commission action on a hearing request or intervention 
                    petition.

    (a) In an export licensing proceeding, or in an import 
licensing proceeding in which a hearing request or intervention 
petition does not assert or establish an interest which may be 
affected, the Commission will consider:
          (1) Whether a hearing would be in the public 
        interest; and
          (2) Whether a hearing would assist the Commission in 
        making the statutory determinations required by the 
        Atomic Energy Act.
    (b) If a hearing request or intervention petition asserts 
an interest which may be affected, the Commission will 
consider:
          (1) The nature of the alleged interest;
          (2) How that interest relates to issuance or denial; 
        and
          (3) The possible effect of any order on that 
        interest, including whether the relief requested is 
        within the Commission's authority, and, if so, whether 
        granting relief would redress the alleged injury.
    (c) Untimely hearing requests or intervention petitions may 
be denied unless good cause for failure to file on time is 
established. In reviewing untimely requests or petitions, the 
Commission will also consider:
          (1) The availability of other means by which the 
        requestor's or petitioner's interest, if any, will be 
        protected or represented by other participants in a 
        hearing; and
          (2) The extent to which the issues will be broadened 
        or action on the application delayed.
    (d) Before granting or denying a hearing request or 
intervention petition, the Commission will review the Executive 
Branch's views on the license application and may request 
further information from the petitioner, requester, the 
Commission staff, the Executive Branch or others.
    (e) The Commission will deny a request or petition that 
pertains solely to matters outside its jurisdiction.
    (f) If an issue has been adequately explored in a previous 
licensing hearing conducted pursuant to this part, a request 
for a new hearing in connection with that issue will be denied 
unless:
          (1) A hearing request or intervention petition 
        establishes that an interest may be affected; or
          (2) The Commission determines that changed 
        circumstances or new information warrant a new hearing.
    (g) After consideration of the factors covered by 
paragraphs (a) through (f), the Commission will issue a notice 
or order granting or denying a hearing request or intervention 
petition. Upon the affirmative vote of two Commissioners a 
hearing will be ordered. A notice granting a hearing will be 
published in the Federal Register and will specify whether the 
hearing will be oral or consist of written comments. A denial 
notice will set forth the reasons for denial.

Sec. 110.85  Notice of hearing consisting of written comments.

    (a) A notice of hearing consisting of written comments 
will:
          (1) State the issues to be considered;
          (2) Provide the names and addresses of participants;
          (3) Specify the time limits for participants and 
        others to submit written views and respond to any 
        written comments; and
          (4) State any other instructions the Commission deems 
        appropriate.
    (b) The Secretary will give notice of any hearing under 
this section and Sec. 110.86 to any person who so requests.

Sec. 110.86  Notice of oral hearing.

    (a) A notice of oral hearing will:
          (1) State the time, place and issues to be 
        considered;
          (2) Provide names and addresses of participants;
          (3) Designate the presiding officer;
          (4) Specify the time limit for participants and 
        others to indicate whether they wish to present views; 
        and
          (5) State any other instructions the Commission deems 
        appropriate.
    (b) If the Commission is not the presiding officer, the 
notice of oral hearing will also state:
          (1) When the jurisdiction of the presiding officer 
        commences and terminates;
          (2) The powers of the presiding officer; and
          (3) Instructions to the presiding officer to certify 
        promptly the completed hearing record to the Commission 
        without preliminary decision or findings, unless the 
        Commission directs otherwise.

Sec. 110.87  Conditions in a notice or order.

    (a) A notice or order granting a hearing or permitting 
intervention may restrict irrelevant or duplicative testimony, 
or require common interests to be represented by a single 
spokesman.
    (b) If a participant's interests do not extend to all the 
issues in the hearing, the notice or order may limit his 
participation accordingly.
    (c) Unless authorized by the Commission, the granting of 
participation will not broaden the hearing issues.

Sec. 110.88  Authority of the Secretary.

    The Secretary is authorized to prescribe time schedules and 
other procedural arrangements, when not covered by this part, 
and rule on related procedural requests.

Sec. 110.89  Filing and service.

    (a) Hearing requests, intervention petitions, answers, 
replies and accompanying documents must be filed with the 
Commission by delivery or by mail or telegram to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff. Filing by mail 
or telegram is complete upon deposit in the mail or with a 
telegraph company.
    (b) All filing and Commission notices and orders must be 
served upon the applicant; the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555; the Executive 
Secretary, Department of State, Washington, DC 20520; and 
participants if any. Hearing requests, intervention petitions, 
and answers and replies must be served by the person filing 
those pleadings.
    (c) Service is completed by:
          (1) Delivering the paper to the person; or leaving it 
        in his office with someone in charge; or, if there is 
        no one in charge, leaving it in a conspicuous place in 
        the office; or, if he has no office or it is closed, 
        leaving it at his usual place of residence with some 
        occupant of suitable age and discretion;
          (2) Depositing it with a telegraph company, properly 
        addressed and with charges prepaid;
          (3) Depositing it in the United States mail, properly 
        stamped and addressed; or
          (4) Any other manner authorized by law, when service 
        cannot be made as provided in paragraphs (c)(1) through 
        (3) of this section.
    (d) Proof of service, stating the name and address of the 
person served and the manner and date of service, shall be 
shown, and may be made by:
          (1) Written acknowledgment of the person served or an 
        authorized representative; or
          (2) The certificate or affidavit of the person making 
        the service.
    (e) The Commission may make special provisions for service 
when circumstances warrant.

Sec. 110.90  Computation of time.

    (a) In computing time, the first day of a designated time 
period is not included and the last day is included. If the 
last day is a Saturday, Sunday or legal holiday at the place 
where the required action is to be accomplished, the time 
period will end on the next day which is not a Saturday, Sunday 
or legal holiday.
    (b) In time periods of 7 days or less, Saturdays, Sundays 
and holidays are not counted.
    (c) Whenever an action is required within a prescribed 
period by a paper served pursuant to Sec. 110.89, 3 days shall 
be added to the prescribed period if service is by mail.
    (d) An interpretation of this section is contained in 
Sec. 8.3 of this chapter.

Sec. 110.91  Commission consultations.

    The Commission may consult at any time on a license 
application with the staff, Executive Branch or other persons.

                          Subpart I--Hearings

Sec. 110.100  Public hearings.

    Hearings under this part will be public unless the 
Commission directs otherwise.

Sec. 110.101  Filing and service.

    Filing and service of hearing documents shall be pursuant 
to Sec. 110.89.

Sec. 110.102  Hearing docket.

    For each hearing, the Secretary will maintain a docket 
which will include the hearing transcript, exhibits and all 
papers filed or issued pursuant to the hearing.

Sec. 110.103  Acceptance of hearing documents.

    (a) Each document filed or issued must be clearly legible 
and bear the docket number, license application number and 
hearing title.
    (b) Each document shall be filed in one original and signed 
by the participant or his authorized representative, with his 
address and date of signature indicated. The signature is a 
representation that the document is submitted with full 
authority, the signator knows its contents and that, to the 
best of his knowledge, the statements made in it are true.
    (c) A document not meeting the requirements of this section 
may be returned with an explanation for nonacceptance and, if 
so, will not be docketed.

Sec. 110.104  Presiding officer.

    (a) The full Commission will ordinarily be the presiding 
officer at a hearing under this part. However, the Commission 
may provide in a hearing notice that one or more Commissioners, 
or any other person as provided by law, will preside.
    (b) A participant may submit a written motion for the 
disqualification of any person presiding. The motion shall be 
supported by affidavit setting forth the alleged grounds for 
disqualification. If the presiding officer does not grant the 
motion or the person does not disqualify himself, the 
Commission will decide the matter.
    (c) If any presiding officer designated by the Commission 
deems himself disqualified, he shall withdraw by notice on the 
record after notifying the Commission.
    (d) If a presiding officer becomes unavailable, the 
Commission will designate a replacement.
    (e) Any motion concerning the designation of a replacement 
presiding officer shall be made within 5 days after the 
designation.
    (f) Unless otherwise ordered by the Commission, the 
jurisdiction of a presiding officer other than the Commission 
commences as designated in the hearing notice and terminates 
upon certification of the hearing record to the Commission, or 
when the presiding officer is disqualified.

Sec. 110.105  Responsibility and power of the presiding officer in an 
                    oral hearing.

    (a) The presiding officer in any oral hearing shall conduct 
a fair hearing, develop a record that will contribute to 
informed decisionmaking, and within the framework of the 
Commission's orders, have the power necessary to achieve these 
ends, including the power to:
          (1) Take action to avoid unnecessary delay and 
        maintain order;
          (2) Dispose of procedural requests;
          (3) Question participants and witnesses, and 
        entertain suggestions as to questions which may be 
        asked of participants and witnesses;
          (4) Order consolidation of participants;
          (5) Establish the order of presentation;
          (6) Hold conferences before or during the hearing;
          (7) Establish reasonable time limits;
          (8) Limit the number of witnesses; and
          (9) Strike or reject duplicative or irrelevant 
        presentations.
    (b) Where the Commission itself does not preside:
          (1) The presiding officer may certify questions or 
        refer rulings to the Commission for decision;
          (2) Any hearing order may be modified by the 
        Commission; and
          (3) The presiding officer will certify the completed 
        hearing record to the Commission, which may then issue 
        its opinion on the hearing or provide that additional 
        testimony be presented.

Sec. 110.106  Participation in a hearing.

    (a) Unless otherwise limited by this part or by the 
Commission, participants in a hearing may submit:
          (1) Initial and concluding written statements of 
        position on the issues;
          (2) Written questions to the presiding officer; and
          (3) Written response and rebuttal testimony to the 
        statements of other participants.
    (b) Participants in an oral hearing may also submit oral 
statements, questions, responses and rebuttal testimony.
    (c) A participant in an import licensing hearing 
establishing that his interest may be affected, may be accorded 
additional procedural rights under Subpart G of Part 2 with 
respect to resolution of domestic factual issues regarding the 
public health, safety and environment of the United States, and 
the protection of the United States public against domestic 
theft, diversion or sabotage, to the extent that such issues 
are separable from the nondomestic issues associated with the 
license application.

Sec. 110.107  Presentation of testimony in an oral hearing.

    (a) All direct testimony in an oral hearing shall be filed 
no later than 7 days before the hearing or as otherwise ordered 
or allowed.
    (b) Written testimony will be received into evidence in 
exhibit form.
    (c) Unless proscribed under Sec. 110.87, members of groups 
which are designated as participants may testify in their 
individual capacities.
    (d) Participants may present their own witnesses.
    (e) Testimony by the Commission and the Executive Branch 
will be presented only by persons officially designated for 
that purpose.
    (f) Participants and witnesses will be questioned orally or 
in writing and only by the presiding officer. Questions may be 
addressed to individuals or to panels or to participants or 
witnesses.
    (g) The presiding officer may accept written testimony from 
a person unable to appear at the hearing, and may request him 
to respond to questions.
    (h) No subpoenas will be granted at the request of 
participants for attendance and testimony of participants or 
witnesses or the production of evidence.

Sec. 110.108  Appearance in an oral hearing.

    (a) A participant may appear in a hearing on his own behalf 
or be represented by an authorized representative.
    (b) A person appearing shall file a written notice stating 
his name, address and telephone number, and if an authorized 
representative, the basis of his eligibility and the name and 
address of the participant on whose behalf he appears.
    (c) A person may be excluded from a hearing for disorderly, 
dilatory or contemptuous conduct, provided he is informed of 
the grounds and given an opportunity to respond.

Sec. 110.109  Motions and requests.

    (a) Motions and requests shall be addressed to the 
presiding officer and, if written, also filed with the 
Secretary and served on other participants.
    (b) Other participants may respond to the motion or 
request. Responses to written motions or requests shall be 
filed within 5 days after service.
    (c) When the Commission does not preside, in response to a 
motion or request, the presiding officer may refer a ruling or 
certify a question to the Commission for decision and notify 
the participants.
    (d) Unless otherwise ordered by the Commission, a motion or 
request, or the certification of a question or referral of a 
ruling, shall not stay or extend any aspect of the hearing.

Sec. 110.110  Default.

    When a participant fails to act within a specified time, 
the presiding officer may consider him in default, issue an 
appropriate ruling and proceed without further notice to the 
defaulting participant.

Sec. 110.111  Waiver of a rule or regulation.

    (a) A participant may petition that a Commission rule or 
regulation be waived with respect to the license application 
under consideration.
    (b) The sole ground for a waiver shall be that, because of 
special circumstances concerning the subject of the hearing, 
application of a rule or regulation would not serve the 
purposes for which it was adopted.
    (c) Waiver petition shall specify why application of the 
rule or regulation would not serve the purposes for which it 
was adopted.
    (d) Other participants may, within 10 days, file a response 
to a waiver petition.
    (e) When the Commission does not preside, the presiding 
officer will certify the waiver petition to the Commission, 
which, in response, will grant or deny the waiver or direct any 
further proceedings.
    (f) Regardless of whether a waiver is granted or denied, a 
separate petition for rulemaking may be filed pursuant to 
subpart K of this part.

Sec. 110.112  Reporter and transcript for an oral hearing.

    (a) A reporter designated by the Commission will record an 
oral hearing and prepare the official hearing transcript.
    (b) Except for any classified portions, transcripts will be 
made available at the NRC Web site, http://www.nrc.gov, and/or 
at the NRC Public Document Room.
    (c) Corrections of the official transcript may be made only 
as specified by the Secretary.

Sec. 110.113  Commission action.

    (a) Upon completion of a hearing, the Commission will issue 
a written opinion including its decision on the license 
application, the reasons for the decision and any dissenting 
views.
    (b) While the Commission will consider fully the hearing 
record, the licensing decision will be based on all relevant 
information, including information which might go beyond that 
in the hearing record.
    (c) If the Commission considers information not in the 
hearing record in reaching its licensing decision, the hearing 
participants will be informed and, if not classified or 
otherwise privileged, the information will be made available at 
the NRC Web site, http://www.nrc.gov, and furnished to the 
participants.
    (d) The Commission may issue a license before completion of 
a hearing if it finds that:
          (1) Prompt issuance is required in the public 
        interest, particularly the common defense and security; 
        and
          (2) A participant establishing that his interest may 
        be affected has been provided a fair opportunity to 
        present his views.
    (e) The Commission may:
          (1) Defer any hearing;
          (2) Consolidate applications for hearing;
          (3) Narrow or broaden the hearing issues; and
          (4) Take other action, as appropriate.

  Subpart J--Special Procedures for Classified Information in Hearings

Sec. 110.120  Purpose and scope.

    (a) This subpart contains special procedures concerning 
access to, and introduction of, classified information into 
hearings under this part.
    (b) These procedures do not in any way apply to classified 
information exchanged between the Executive Branch and the 
Commission not introduced into a hearing. Such information will 
be declassified to the maximum extent feasible. The public 
statements of the Commission staff and Executive Branch will, 
to the extent consistent with classification requirements, 
reflect consideration of any such classified information.

Sec. 110.121  Security clearances and access to classified information.

    (a) No person without a security clearance will have access 
to classified information.
    (b) Only the Commission will act upon an application for 
access to classified information.
    (c) To the extent practicable, applications for access to 
classified information shall describe the information to which 
access is desired and its level of classification 
(confidential, secret or other); the reasons for requesting 
access; the names of individuals for whom access is requested; 
and the reasons why access is requested for those individuals.
    (d) The Commission will consider requests for appropriate 
security clearances in reasonable numbers; conduct its review 
and grant or deny these in accordance with Part 10 of this 
chapter; and make a reasonable charge to cover costs.
    (e) The Commission will not grant security clearances for 
access to classified information, unless it determines that the 
available unclassified information is inadequate on the subject 
matter involved.
    (f) When an applicant demonstrates that access to 
classified information not introduced into a hearing may be 
needed to prepare a participant's position on the hearing 
issues, the Commission may issue an order granting access to 
this information to the participant, his authorized 
representative or other persons. Access will be subject to the 
conditions in paragraphs (e) and (j) and will not be granted 
unless required security clearances have been obtained.
    (g) Once classified information has been introduced into a 
hearing, the Commission will grant access to a participant, his 
authorized representative or such other persons as the 
Commission determines may be needed by the participant to 
prepare his position on the hearing issues. Access will be 
subject to the conditions in paragraph (e) and (j) and will not 
be granted unless required security clearances have been 
obtained.
    (h) For good cause, the Commission may postpone action upon 
an application for access to classified information.
    (i) The Commission will grant access to classified 
information only up to the level for which the persons 
described in paragraph (f) and (g) of this section are cleared 
and only upon an adequate commitment by them not to disclose 
such information subject to penalties as provided by law.
    (j) The Commission will not in any circumstances grant 
access to classified information:
          (1) Unless it determines that the grant is not 
        inimical to the common defense and security; and
          (2) Which it has received from another Government 
        agency, without the prior consent of the originating 
        agency.
    (k) Upon completion of a hearing, the Commission will 
terminate all security clearances granted pursuant to the 
hearing and may require the disposal of classified information 
to which access has been granted or the observance of other 
procedures to safeguard this information.

Sec. 110.122  Classification assistance.

    On the request of any hearing participant or the presiding 
officer (if other than the Commission), the Commission will 
designate a representative to advise and assist the presiding 
officer or the participants with respect to security 
classification of information and the protective requirements 
to be observed.

Sec. 110.123  Notice of intent to introduce classified information.

    (a) A participant shall seek the required security 
clearances, where necessary, and file with the Secretary a 
notice of intent to introduce classified information into a 
hearing at the earliest possible time after the notice of 
hearing.
    (b) If a participant has not filed a notice of intent in 
accordance with this section, he may introduce classified 
information only if he gives to the other participants and the 
Commission prompt written notice of intent and only as 
permitted by the Commission when it determines that the public 
interest will not be prejudiced.
    (c) The notice of intent shall be unclassified and, to the 
extent consistent with classification requirements, state:
          (1) The subject matter of the classified information, 
        which it is anticipated will be involved;
          (2) The highest level of classification of the 
        information (confidential, secret or other);
          (3) When it is anticipated that the information would 
        be introduced; and
          (4) The relevance and materiality of the information 
        to the hearing issues.

Sec. 110.124  Rearrangement or suspension of a hearing.

    When a participant gives notice of intent to introduce 
classified information and other participants do not have the 
required security clearances, subject to Sec. 110.121, the 
Commission may:
    (a) Suspend or rearrange the normal order of the hearing to 
give other participants an opportunity to obtain the required 
security clearances with minimum delay in the conduct of the 
hearing; or
    (b) Take such other action as it determines to be in the 
public interest.

Sec. 110.125  Unclassified statements required.

    (a) It is the obligation of hearing participants to 
introduce information in unclassified form wherever possible, 
and to declassify, to the maximum extent feasible, any 
classified information introduced into the hearing. This 
obligation rests on each participant whether or not any other 
participant has the required security clearances.
    (b) When classified information is offered for introduction 
into a hearing.
          (1) The participant offering it shall, to the extent 
        consistent with classification requirements, submit to 
        the presiding officer and other participants an 
        unclassified statement describing the substance of the 
        classified information as accurately and completely as 
        possible;
          (2) In accordance with procedures agreed upon by the 
        participants or prescribed by the presiding officer, 
        and after notice to all participants and opportunity to 
        be heard on the notice, the presiding officer will 
        determine whether an unclassified statement may be 
        substituted for the classified information in the 
        hearing record without prejudice to the interest of any 
        participant or the public;
          (3) If the Commission determines that the 
        unclassified statement (together with such unclassified 
        modifications as it finds are necessary or appropriate 
        to protect the interest of other participants and the 
        public) adequately sets forth information in the 
        classified matter which is relevant and material to the 
        issues in the hearing, it will direct that the 
        classified matter be excluded from the record of the 
        hearing; and
          (4) The Commission may postpone any of the procedures 
        in this section until all other evidence has been 
        received. However, a participant shall not postpone 
        service of any unclassified statement required in this 
        section.

Sec. 110.126  Protection of classified information.

    Nothing in this subpart shall relieve any person from 
safeguarding classified information as required by law and 
rules, regulations or orders of any Government agency.

                         Subpart K--Rulemaking

Sec. 110.130  Initiation of rulemaking.

    The Commission may initiate action to amend the regulations 
in this part on its own initiative or in response to a 
petition.

Sec. 110.131  Petition for rulemaking.

    (a) A petition for rulemaking should be addressed to the 
Secretary of the Commission, for the attention of the 
Secretary's Rulemakings and Adjudications Staff. The petition 
should be sent using an appropriate method listed in Sec. 
110.4.
    (b) The petition shall state the basis for the requested 
amendment.
    (c) The petition may request the Commission to suspend all 
or part of any licensing proceeding under this part pending 
disposition of the petition.
    (d) The Secretary will assign a docket number to the 
petition, place a copy in the Public Document Room and notice 
its receipt in the Federal Register.
    (e) Publication may be limited by order of the Commission 
to the extent required by section 181 of the Atomic Energy Act.

Sec. 110.132  Commission action on a petition.

    (a) The Commission may grant or deny the petition in whole 
or in part.
    (b) If the petition is granted, a notice of proposed 
rulemaking or a notice of rulemaking will be published in the 
Federal Register.
    (c) If the petition is denied, the petitioner will be 
informed of the grounds.
    (d) Commission action on a petition will normally follow, 
when ever appropriate, receipt and evaluation of Executive 
Branch views.
    (e) The Commission, in exercising the discretion authorized 
by section 4(a)(1) of the Administrative Procedure Act (5 
U.S.C. 553(a)(1)), will decide what, if any, public rulemaking 
procedures will be followed.

Sec. 110.133  Notice of proposed rulemaking.

    (a) When the Commission proposes to amend the regulations 
in this part, it will normally publish a notice of proposed 
rulemaking in the Federal Register.
    (b) A notice of proposed rulemaking will include:
          (1) The authority for the proposed rule;
          (2) The substance and purpose of the proposed rule;
          (3) Directions for public participation;
          (4) The time and place of any public hearing; and
          (5) If a hearing is to be held by other than the 
        Commission, designated of a presiding officer and 
        instructions for the conduct of the hearing.
    (c) A notice of proposed rulemaking will be published not 
less than 15 days before any hearing, unless the Commission for 
good cause provides otherwise in the notice.

Sec. 110.134  Public participation.

    (a) The Commission may hold an oral hearing on a proposed 
rule or permit any person to participate in a rulemaking 
proceeding through the submission of written comments.
    (b) When it is in the public interest and is authorized by 
law, public rulemaking procedures may be omitted and a notice 
of rulemaking published pursuant to Sec. 110.135.

Sec. 110.135  Notice of rulemaking.

    (a) Upon approval of an amendment, the Commission will 
publish in the Federal Register a notice of rulemaking which 
includes a statement of its basis and purpose, effective date 
and, where appropriate, any significant variations from the 
amendment as proposed in any notice of proposed rulemaking.
    (b) The effective date of an amendment will normally be no 
earlier than 30 days after publication of the notice of 
rulemaking, unless the Commission for good cause provides 
otherwise in the notice.

Appendix A to Part 110--Illustrative List of Nuclear Reactor Equipment 
                Under NRC Export Licensing Authority \5\

      
---------------------------------------------------------------------------
    \5\ Appendixes A through P can be found at 10 CFR 110, Appendix.
---------------------------------------------------------------------------
          * * * * * * *

Appendix B to Part 110--Illustrative List of Gas Centrifuge Enrichment 
      Plant Components Under NRC's Export Licensing Authority \5\

          * * * * * * *

    Appendix C to Part 110--Illustrative List of Gaseous Diffusion 
 Enrichment Plant Assemblies and Components Under NRC Export Licensing 
                             Authority \5\

          * * * * * * *

  Appendix D to Part 110--Illustrative List of Aerodynamic Enrichment 
Plant Equipment and Components Under NRC Export Licensing Authority \5\

          * * * * * * *

 Appendix E to Part 110--Illustrative List of Chemical Exchange or Ion 
  Exchange Enrichment Plant Equipment and Components Under NRC Export 
                        Licensing Authority \5\

          * * * * * * *

  Appendix F to Part 110--Illustrative List of Laser-Based Enrichment 
Plant Equipment and Components Under NRC Export Licensing Authority \5\

          * * * * * * *

    Appendix G to Part 110--Illustrative List of Plasma Separation 
 Enrichment Plant Equipment and Components Under NRC Export Licensing 
                             Authority \5\

          * * * * * * *

Appendix H to Part 110--Illustrative List of Electromagnetic Enrichment 
Plant Equipment and Components Under NRC Export Licensing Authority \5\

          * * * * * * *

    Appendix I to Part 110--Illustrative List of Reprocessing Plant 
          Components Under NRC Export Licensing Authority \5\

          * * * * * * *

 Appendix J to Part 110--Illustrative List of Uranium Conversion Plant 
  Equipment and Plutonium Conversion Plant Equipment Under NRC Export 
                        Licensing Authority \5\

          * * * * * * *

 Appendix K to Part 110--Illustrative List of Equipment and Components 
    Under NRC Export Licensing Authority for Use in a Plant for the 
    Production of Heavy Water, Deuterium and Deuterium Compounds \5\

          * * * * * * *

Appendix L to Part 110--Illustrative List of Byproduct Materials Under 
               NRC Export/Import Licensing Authority \5\

          * * * * * * *

           Appendix M--Categorization of Nuclear Material \5\

          * * * * * * *

Appendix N to Part 110--Illustrative List of Lithium Isotope Separation 
Facilities, Plants and Equipment Under NRC's Export Licensing Authority 
                                  \5\

          * * * * * * *

 Appendix O to Part 110--Illustrative List of Fuel Element Fabrication 
 Plant Equipment and Components Under NRC's Export Licensing Authority 
                                  \5\

          * * * * * * *

   Appendix P to Part 110--Category 1 and 2 Radioactive Material \5\

          * * * * * * *
  c. Amendment to Procedures Established Pursuant to the Nuclear Non-
                       Proliferation Act of 1978

 Procedures established by the Department of State, the Department of 
Energy, and the Department of Commerce dated May 1, 1984, 49 F.R. 20780


          Note.--On June 7, 1978, procedures were established 
        pursuant to the Nuclear Non-Proliferation Act of 1978 
        (Public Law 95-242) at 43 FR 25326. This amendment to 
        those procedures adds a new part, entitled ``Approvals 
        Under Section 109b(3) of the Atomic Energy Act,'' 
        establishing component retransfer approval procedures, 
        eliminates the requirement for a Department of Energy 
        retransfer approval under section 131 of the Atomic 
        Energy Act in most cases where a Nuclear Regulatory 
        Commission export license has already authorized the 
        retransfer, eliminates possible duplicative reviews of 
        the same export transaction by generally authorizing 
        certain transactions if the same transaction is 
        authorized by a different export procedure involving 
        the same agencies; and makes minor modifications to the 
        procedures under section 309(c) of the Nuclear Non-
        Proliferation Act, required by enactment of the Export 
        Administration Act of 1979. For simplicity and ease of 
        use, the entire text of the procedures as amended is 
        set forth below.



Part A. General Provisions

Section 1. Authority and Scope

    a. The procedures herein are established by:
          (i) The Department of Energy pursuant to section 102 
        and 402(a) of the Nuclear Non-Proliferation Act of 1978 
        (the ``NNPA'') and section 54, 57b(2), 64, 82, 109b, 
        111b(1), and 131 of the Atomic Energy Act of 1954, as 
        amended (the ``AEA'');
          (ii) The Department of State pursuant to section 102 
        of the NNPA and sections 109b and 126a(1) of the AEA;
          (iii) The Department of Commerce pursuant to section 
        309(c) of the NNPA, and the general policies and 
        procedures set forth in the Export Administration Act 
        of 1979, as amended.
    b. These procedures apply to agency activities with respect 
to the matters dealt with by sections 54, 57b(2), 64, 82, 109, 
111b(1), 126a and 131 of the AEA and sections 309(c) and 402(a) 
of the NNPA, and the Export Administration Act of 1979, as 
amended.
    c. These procedures have been agreed to by the Secretaries 
of State, Energy, Defense, and Commerce, the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission, or by the authorized designee acting on behalf of 
any of the foregoing.

Section 2. Responsible Officials

    a. Department of State, Washington, D.C. 20520--The Deputy 
Assistant Secretary for Nuclear Energy and Energy Technology 
Affairs in the Bureau of Oceans and International Environmental 
and Scientific Affairs.
    b. Department of Energy, Washington, D.C. 20545--For 
sections 57b and 126a of the AEA and section 309(c) of the 
NNPA, the Assistant Secretary for Defense Programs. For 
sections 54, 64, 109b, 111b and 131 of the AEA and section 402 
of the NNPA, the Deputy Assistant Secretary for International 
Affairs.
    c. Department of Defense, Washington, D.C. 20301--The 
Assistant Secretary for International Security Policy.
    d. Department of Commerce, Washington, D.C. 20230--The 
Deputy Assistant Secretary for Export Administration.
    e. Arms Control and Disarmament Agency, Washington, D.C. 
20451--The Assistant Director for Nuclear and Weapons Control.
    f. The Nuclear Regulatory Commission, Washington, D.C. 
20555--The Director, Office of International Programs.

Section 3. Offices for Coordination

    a. Department of State--The Office of Export and Import 
Control in the Nuclear Energy and Energy Technology Division of 
the Bureau of Oceans and International Environmental and 
Scientific Affairs.
    b. Department of Energy--For Parts B, D, and F of these 
procedures, the Office of International Security Affairs in 
Defense Programs. For Parts C and E of these procedures, the 
Office of Nuclear Non-Proliferation Policy, in the Office of 
International Affairs.
    c. Department of Defense--The Office of the Assistant 
Secretary for International Security Policy.
    d. Department of Commerce--The Office of Export 
Administration.
    e. Arms Control and Disarmament Agency--The International 
Nuclear Affairs Division of the Bureau of Nuclear and Weapons 
Control.
    f. Nuclear Regulatory Commission--The Office of 
International Programs, Assistant Director for Export/Import 
and International Safeguards.

Section 4. Coordination and Monitoring

    The Interagency Subgroup on Nuclear Export Coordination 
(SNEC) shall, without prejudice to its authority to carry out 
other functions, monitor and facilitate the interagency 
processing of the activities referred to in section 1(b), and 
serve as a forum for exchanging and coordinating views. This 
Subgroup shall meet as frequently as necessary, normally every 
three weeks. This Subgroup shall establish such procedures as 
are necessary for its effective functioning.

Section 5. Resolution of Interagency Disagreements

    a. If, after appropriate consultation, any agency listed in 
section 2 does not agree with a proposed Executive branch 
action covered by these procedures, the steps set forth below 
may be followed, normally in the order indicated, to facilitate 
resolution of the disagreement:
          (i) Consideration in the SNEC;
          (ii) Consideration in the Interagency Group on Non-
        Proliferation and Peaceful Nuclear Cooperation;
          (iii) Any procedures of the National Security Council 
        that are appropriate;
          (iv) Referral to the President.
    b. Recourse to the steps in this section shall be taken 
expeditiously. An agency wishing to have recourse to any of the 
steps above shall so indicate immediately to the offices 
specified in section 3. The agency concerned shall normally 
give five days notice before initiating action under steps 
(ii), (iii), or (iv).
    c. Nothing in this section shall derogate from the 
statutory authority of any agency. If any agency considers that 
all statutory requirements have been met and wishes to proceed 
with an action within its jurisdiction covered by these 
procedures notwithstanding the existence of an interagency 
disagreement, it shall normally provide all other concerned 
agencies with five working days notice.

Section 6. Content of Judgments, Findings and Considerations Under 
        These Procedures

    Judgments, findings and determinations under these 
procedures shall address the matters required by the applicable 
section of the law.

Section 7. Technical Provisions

    a. Except as otherwise provided, these procedures take 
effect on May 1, 1984.
    b. The processing of any action subject to these procedures 
shall not be delayed because of the entry into effect of these 
procedures. Clearances obtained or matters resolved under 
procedures previously in effect need not be reconsidered for 
the sole purpose of complying with new procedural requirements.
    c. Nothing in these procedures shall affect the ability of 
any agency to protect classified or proprietary information 
pursuant to applicable law.
    d. These procedures may be amended at any time subject to 
agreement among the agencies specified in section 1(c).

Part B. Executive Branch Judgments Under Section 128a(1) of the Atomic 
        Energy Act

Section 8. Procedures

    a. The Nuclear Regulatory Commission shall promptly 
transmit any properly completed export license application to 
the offices listed in paragraphs a through e of section 3.
    b. As promptly as possible, but in no event later than 15 
days after the receipt of each license application the offices 
listed in paragraphs b through e of section 3 shall review the 
submission and shall advise the Office of Export and Import 
Control:
          (i) Whether that agency believes that any additional 
        information is required in connection with preparation 
        of the Executive branch judgment. In the event that 
        such information is required, the Office of Export and 
        Import Control shall seek to obtain and provide the 
        information as promptly as possible. If additional 
        information required is essential to further Executive 
        branch processing, the Office of Export and Import 
        Control may return the application to the Nuclear 
        Regulatory Commission, in which event the schedule of 
        actions and deadlines set out herein shall recommence 
        upon receipt by the Office of a substantively complete 
        application;
          (ii) Whether that agency believes a license 
        application appears to raise issues which will require 
        more extensive consideration than is normally necessary 
        in Executive branch processing of similar license 
        applications. If such issues appear to be present, the 
        Office of Export and Import Control will normally 
        schedule consideration of these issues at the earliest 
        possible meeting of the SNEC and shall as promptly as 
        possible initiate appropriate steps, including those 
        required to obtain any necessary policy decisions and 
        to initiate any necessary diplomatic consultations;
          (iii) Of their preliminary views on the license 
        application, if so requested by the Office of Export 
        and Import Control.
    If the Department of Energy is the license applicant it 
shall not be subject to the requirements of this paragraph.
    c. No later than five working days after receipt of its 
copy of a license application from the Nuclear Regulatory 
Commission, the Department of Energy (Office of International 
Security Affairs) shall, as appropriate, if the proposed export 
appears to be consistent with the applicable agreement for 
cooperation, request confirmation in writing from the nation or 
group of nations under the agreement for cooperation of which 
the export is to take place, that among other things:
          (i) The export will be subject to the terms and 
        conditions of the agreement for cooperation;
          (ii) The ultimate consignee and any intermediate 
        consignee is authorized to receive the export; and
          (iii) Physical security measures will be maintained 
        with respect to the export that as a minimum provide 
        protection comparable to that set forth in document 
        INFCIRC 225/Rev. 1 of the International Atomic Energy 
        Agency, entitled, ``The Physical Protection of Nuclear 
        Material.'' \1\
---------------------------------------------------------------------------
    \1\ Many recipients have provided a generic confirmation concerning 
physical security measures.
---------------------------------------------------------------------------
    If any such confirmation is not received within fifty-five 
days after receipt of the license application by the Office of 
Export and Import Control in the Department of State, the 
Office may return the application to the Nuclear Regulatory 
Commission, in which event the schedule of actions and 
deadlines set out herein shall recommence after receipt of the 
confirmation and return to the Office by the Nuclear Regulatory 
Commission of the application.
    d. If the proposed export involves material that has been 
identified as material with respect to which the United States 
has agreed to consult with or obtain the approval of any other 
nation or group of nations prior to its export, the Department 
of State shall take appropriate action in this regard.
    e. If the license application is for an export of high 
enriched uranium, plutonium or uranium-233, equal to or 
exceeding formula quantities (as defined in 10 CFR 73.30) the 
Department of Energy shall prepare an analysis of the technical 
and economic justification for the use of such material, 
including whether the quantities requested are necessary for 
the efficient and continuous operation of the facility 
involved. This analysis shall be provided to the Office of 
Export and Import Control of the Department of State within 30 
days after receipt by the Department of Energy of its copy of 
the export license application or as soon thereafter as 
possible. This analysis shall be provided to concerned agencies 
and shall be taken into consideration in preparing the 
Executive branch judgment.
    f. As promptly as possible following receipt of the 
information in paragraph b, and no later than 30 days after its 
receipt of the license application, proposed general license or 
proposed exemption, the Office of Export and Import Control 
shall prepare and transmit to the offices listed in paragraphs 
b through e of section 3, a proposed Executive branch judgment 
on the application.
    g. No later than ten days after the date of receipt of a 
proposed Executive branch judgment, the designees of the 
Secretaries of Energy, Defense, and Commerce, and the Director 
of the Arms Control and Disarmament Agency, shall each provide 
the Office of Export and Import Control their written views on 
the proposed Executive branch judgment transmitted pursuant to 
paragraph f. When providing its views, the Department of Energy 
shall transmit a copy of any confirmation obtained pursuant to 
paragraph c. If a required confirmation or approval is not 
available at that time, the Department of Energy shall so 
advise the Office of Export and Import Control. Upon receipt of 
the required confirmation, the Department of Energy shall 
forward it as expeditiously as possible to the Office of Export 
and Import Control and shall simultaneously advise the Nuclear 
Regulatory Commission. In the event of any disagreement which 
cannot be resolved between agencies, the provisions in section 
5 shall be followed.
    h. An Executive branch judgment shall normally address the 
matters required by section 126a(1) of the AEA with respect to 
both any intermediate destinations and the final destination of 
the export that are identified in the license application. 
Notice of any transfer of the export between intermediate 
destinations and the final destination shall be received by the 
Department of Energy. No further action shall be required under 
Part E for approval of transfers between intermediate and final 
destinations specified in an application for an export license 
and for which the license is granted except in the instances 
set forth in section 16. In such instances, an appropriate 
request for approval of the transfer shall be submitted to the 
Department of Energy for action pursuant to the procedures in 
Part E.
    i. A single Executive branch judgment may address more than 
a single application.
    j. An Executive branch judgment may address the matters 
required by section 126a(1) of the AEA by expressing the view 
that there is no material changed circumstance associated with 
a new license application from those existing at the time of 
issuance of a previous license for an export to the same 
country, where the previous license was subject to full 
analysis by the Executive branch.
    k. An Executive branch judgment may address any or all of 
the matters required by section 126a(1) of the AEA by reference 
to an analysis previously submitted to the Nuclear Regulatory 
Commission if the offices in paragraphs a through e of section 
3 agree that there is no material changed circumstance with 
respect of such matter or matters.
    l. No later than 60 days after receipt of a license 
application by the Department of State, the Department shall 
transmit to the Nuclear Regulatory Commission the Executive 
branch judgment on the license application.
    m. Any time period in this section may be extended by the 
Deputy Assistant Secretary of State for Nuclear Energy and 
Energy Technology: Provided, That the time period in paragraph 
1 may be extended only if in the view of the Secretary of State 
or his designee it is in the national interest to allow 
additional time, in which case he shall notify the Committee on 
Foreign Relations of the Senate, the Committee on Foreign 
Affairs of the House of Representatives, and the offices listed 
in paragraphs b through f of section 3 of such extension.
    n. The Office of Export and Import Control shall maintain 
for at least five years records of steps set forth above and 
the dates on which they were taken.
    o. This section shall also apply, to the extent relevant, 
to proposed general licenses and proposed exemptions from 
licensing requirements.

Section 9. Exports for Which Executive Branch Review Is Not Required

    a. Pursuant to the authority in section 126a(1) of the AEA 
to determine that any export in a category would not be 
inimical to the common defense and security because it lacks 
significance for nuclear explosive purposes, the following 
categories of exports defined in subsection 110.41(d) of tile 
10 of the Code of Federal Regulations shall not normally 
require case-by-case Executive branch review under these 
procedures.
    b. Pursuant to the authority in section 126a(2) of the AEA 
to deem that the relevant export license requirements are met 
if there are no material changed circumstances from those 
existing at the time of the last application for an export to 
the same country, the following exports to France, Spain and 
countries that are parties to the Treaty on the Non-
Proliferation of Nuclear Weapons (the ``NPT'') or for which the 
Treaty for Prohibition of Nuclear Weapons in Latin America is 
in force, and for which the requirements of section 126 were 
previously found to be met, shall not require Executive branch 
review under these procedures, unless the Executive branch 
informs the Nuclear Regulatory Commission to the contrary:
          (1) Low-enriched uranium: a low-enriched uranium 
        reload for a reactor in a country that has in force 
        either a bilateral agreement for cooperation with the 
        United States or an applicable supply agreement 
        pursuant to the Agreement for Cooperation between the 
        United States and the International Atomic Energy 
        Agency;
          (2) Equipment: all exports for use in reactors in 
        countries that have provided the assurances required 
        under section 109b of the AEA on a generic basis.
    c. This section shall not apply to exports with end uses 
related to isotope separation, chemical reprocessing, heavy 
water production, plutonium handling, such types of advanced 
technology reactors as may be agreed by the agencies listed in 
section 1(c), and initial exports of nuclear material or 
equipment to foreign nuclear reactors, and is subject to other 
limitations which the Executive branch or the Nuclear 
Regulatory Commission, may, from time to time, deem necessary.

Part C. Foreign Distributions Under Sections 54, 64, and 82 of the 
        Atomic Energy Act

Section 10. Procedures

    a. The Office of Non-Proliferation Policy of the Department 
of Energy shall transmit requests for distributions of nuclear 
material to the offices listed in paragraphs a, c, e, and f of 
section 3. If appropriate or if requested by another agency, an 
analysis shall be prepared setting forth a statement of the 
purpose of the distribution, reference to the applicable 
agreements for cooperation, other pertinent information and a 
recommended course of action. When the proposed distribution 
appears to raise issues which will require more extensive 
consideration than is normally necessary for Executive branch 
processing of similar requests, as analysis addressing these 
issues will be prepared, and the Office of Non-Proliferation 
Policy will initiate as promptly as possible appropriate steps, 
including those required in order to obtain any necessary 
policy decisions and to initiate any necessary diplomatic 
consultations.
    b. No later than 30 days following receipt of the request 
or of any analysis that may be prepared, the designees of the 
Secretaries of State and Defense, the Director of the Arms 
Control and Disarmament Agency and the Nuclear Regulatory 
Commission shall provide the Office of Non-Proliferation Policy 
with their concurrence or such other views, comments or 
proposed courses of action which they consider appropriate. In 
the event of any disagreement which cannot be resolved between 
agencies, the provisions in section 5 shall be followed.
    c. No later than 30 days following the expiration of the 
time limit set forth in paragraph b, the Office of Non-
Proliferation Policy shall determine whether to authorize the 
proposed distribution: Provided, That if recourse is made to 
the procedures in section 5, this period shall be 60 days.
    d. Any time period in this section may be extended by the 
Deputy Assistant Secretary for International Energy Cooperation 
and Nuclear Non-Proliferation Policy or his designee.

Section 11. Exports for Which Further Executive Branch Review is Not 
        Required

    The Department of Energy, without further interagency 
concurrence or consultation may, to the extent authorized in 
sections 54, 64 and 82 of the AEA, distribute material referred 
to in paragraph a of section 9, subject to the qualifications 
and conditions contained in paragraph c of that section.

Part D. Direct or Indirect Production of Special Nuclear Material 
        Abroad Pursuant to Section 57b of the Atomic Energy Act

Section 12. Procedures

    a. Following receipt by the Department of Energy of any 
application for specific authorization under Part 810 of title 
10 of the Code of Federal Regulations, the Office of 
International Security Affairs of the Department of Energy 
shall conduct a preliminary review to determine whether the 
application involves is properly submitted under and subject to 
the provisions of that Part and to determine whether the 
application involves sensitive nuclear technology. When this 
review is completed, the Office of International Security 
Affairs shall transmit any application which is properly 
submitted and subject to Part 810 to the offices listed in 
paragraphs a and c through f of section 3, along with any 
conclusion that sensitive nuclear technology is involved.
    b. The Office of International Security Affairs shall 
prepare an analysis and preliminary staff recommendation 
concerning each application transmitted pursuant to paragraph 
a, which shall also be transmitted to the offices indicated in 
that paragraph. The analysis shall specify whether the 
application appears to raise issues which will require more 
extensive considerations than is normally necessary for 
Executive branch processing of similar applications, and the 
Assistant Secretary for Defense Programs or his designee shall 
as promptly as possible initiate appropriate steps, including 
those required in order to obtain any necessary policy 
decisions and to initiate any necessary diplomatic 
consultations.
    c. No later than 30 days after receipt of the analysis, the 
designees of the Secretary of State, Defense, Commerce, the 
Director of the Arms Control and Disarmament Agency, and the 
Nuclear Regulatory Commission shall provide the Office of 
International Security Affairs of the Department of Energy with 
written concurrence in the preliminary staff recommendation of 
such other views, comments or proposed courses of action which 
they consider appropriate, including such analysis as may be 
needed to support their position. In the event of any 
disagreement which cannot be resolved among the agencies, the 
provisions in section 5 shall be followed.
    d. No later than 30 days following receipt of the 
concurrence or views as provided in paragraph c, the Assistant 
Secretary for Defense Programs shall provide the Secretary of 
Energy with a recommendation, including the views of the 
agencies listed in paragraph c, concerning his action on the 
application: Provided, That if recourse is made to the 
procedures in section 5, this period shall be 60 days.
    e. Any time period in this section may be extended by the 
Assistant Secretary for Defense Programs or his designees.

Section 13. Continued Effect of Part 810 Procedures

    a. The regulations set forth in Part 810 of title 10 of the 
Code of Federal Regulations, ``Unclassified Activities in 
Foreign Atomic Energy Programs,'' continue in effect.
    b. Any amendment of Part 810 shall be made in accordance 
with these procedures.

Section 14. Coordination of Reviews

    Where an activity involving technology controlled pursuant 
to section 57(b)(2) of the AEA and requiring specific 
authorization pursuant to 10 CFR Part 810 is part of an export 
or activity licensed by another agency of the United States 
Government, the Department of Energy shall make every effort to 
coordinate its review with that of the other agency with a view 
toward expediting the reviewing process and fostering 
consistent government decision-making.

Part E. Subsequent Arrangements Under Section 131 of the Atomic Energy 
        Act; Approvals Under Section 109b(3) of the Atomic Energy Act

Section 15. Procedures for Review of Subsequent Arrangement and 
        Procedures and Criteria for Review of Component Retransfers

    a. Any request from a nation or group of nations for a 
subsequent arrangement as defined in section 131a(2) of the 
AEA; or (2) approval of a retransfer of a component; or (3) for 
an enrichment authorization under section 402(a) of the NNPA 
shall, if it appears consistent with applicable law and 
agreements and if submitted in appropriate form, be transmitted 
promptly by the Office of Non-Proliferation Policy of the 
Department of Energy to the offices listed in paragraphs a, and 
c through f of section 3, together with any supporting 
documents. All references to the term ``subsequent 
arrangement'' shall, for purposes of this Part, be deemed to 
include an enrichment authorization. All references to the term 
``component'' shall, for the purposes of this Part, mean any 
component, item or substance listed in Appendix A to Part 110 
of title 10 of the Code of Federal Regulations other than a 
production or utilization facility or source, special nuclear 
or by-product material as defined in section 110.2 of that 
Part.
    b. As promptly as possible, but no later than 15 days after 
receipt of each request for a subsequent arrangement or a 
component retransfer approval, the offices listed in paragraphs 
a, and c through f of section 3 shall review the request and 
shall advise the Office of Non-Proliferation Policy:
          (i) Whether that agency believes that any additional 
        information is required. In the event that such 
        information is required, the Office of Non-
        Proliferation Policy shall seek to obtain and provide 
        the information as promptly as possible;
          (ii) Whether that agency believes the request appears 
        to raise issues which will require more extensive 
        consideration than is normally necessary in Executive 
        branch processing of similar requests. If such issues 
        appear to be present, the Office of Non-Proliferation 
        Policy will normally schedule consideration of these 
        issues at the earliest possible meeting of the Subgroup 
        on Nuclear Export Coordination and shall as promptly as 
        possible initiate appropriate steps, including those 
        required to obtain any necessary policy decisions and 
        to begin any necessary diplomatic consultations; and
          (iii) Of their preliminary view, if so requested by 
        the Office of Non-Proliferation Policy.
    c. The Office of Non-Proliferation Policy shall (if a 
request for a subsequent arrangement is involved, no later than 
15 days after the expiration of the time limit set forth in 
paragraph b) \2\ prepare and transmit to the offices listed in 
paragraphs a, and c through f of section 3, a proposed 
subsequent arrangement, proposed denial of a subsequent 
arrangement, other proposed course of action with respect to 
the subsequent arrangement, or a proposed approval or denial of 
a component retransfer request. Where appropriate, a single 
transmittal may be used to fulfill the requirements of the 
foregoing sentence and of paragraph a. In the transmittal of a 
proposed subsequent arrangement pursuant to this paragraph, the 
Office of Non-Proliferation shall advise the Office of Export 
and Import Control of the Department of State if, in the view 
of the Department of Energy, a proposed subsequent arrangement 
is likely to involve negotiations of a policy nature pertaining 
to arrangements for the storage or disposition of irradiated 
fuel elements or approvals for the transfer, for which prior 
approval is required under an agreement for cooperation, by a 
recipient of source or special nuclear material, production or 
utilization facilities, or nuclear technology. This transmittal 
shall also specify any steps deemed appropriate to expedite a 
proposed subsequent arrangement in the instances specified in 
section 131a(3) of the AEA. The transmittal of a proposed 
subsequent arrangement or component retransfer approval may 
include analysis where necessary in the judgment of the Office 
of Non-Proliferation Policy to facilitate review. Upon the 
request of any recipient office within 10 days after receipt of 
a proposed subsequent arrangement or proposed component 
retransfer approval, the Office of Non-Proliferation Policy 
shall prepare and transmit an analysis.
---------------------------------------------------------------------------
    \2\ A subsequent arrangement may be initiated in certain 
circumstances by the Department of Energy, in which case paras. a and b 
are not applicable.
---------------------------------------------------------------------------
    d. No later than 20 days after receipt of the proposed 
subsequent arrangement or component retransfer approval 
pursuant to paragraph c, the designees of the Secretary of 
State, the Secretary of Defense, the Secretary of Commerce, the 
Director of the Arms Control and Disarmament Agency, and the 
Nuclear Regulatory Commission shall, as appropriate, provide 
the Office of Non-Proliferation Policy with their concurrences 
or such other views, comments, or proposed courses. With 
respect to subsequent arrangement, the response of the designee 
of the Director of the Arms Control and Disarmament Agency 
shall also include a declaration of any intention of the 
Director to prepare a Nuclear Proliferation Assessment 
Statement pursuant to section 131a of the AEA. Any such 
statement shall be prepared within 60 days of the receipt by 
the Director or his designee of a copy of the proposed 
subsequent arrangement. In the event of any disagreement 
concerning a proposed subsequent arrangement or component 
retransfer approval which cannot be resolved between agencies, 
the provisions of section 5 shall be followed.
    e. In the case of a proposed subsequent arrangement, no 
later than 20 days after the expiration of the time limit set 
forth in paragraph d, but, if the Director of the Arms Control 
and Disarmament Agency has declared his intention to prepare a 
Nuclear Proliferation Assessment Statement, only after receipt 
of the Statement or the expiration of the time authorized in 
section 131c of the AEA for the preparation of the Statement, 
whichever occurs first, the Secretary of Energy, or his 
designee, after making the determination required by section 
131a(1) of the AEA and pursuant to any required judgment, under 
section 131b(2) of the AEA, shall decide whether to enter into 
the proposed subsequent arrangement: Provided, That if recourse 
is made to the provisions in section 5, this period shall be 60 
days.
    f. In the case of a proposed component retransfer approval 
request, the Deputy Assistant Secretary for International 
Affairs shall approve the retransfer if, with the concurrence 
of the Deputy Assistant Secretary of State for Nuclear Energy 
and Technology. he finds, based on a reasonable judgment of the 
assurances provided and other information available to the 
Federal Government, that the following criteria or their 
equivalent are met:
          (1) IAEA safeguards as required by article III(2) of 
        the NPT will be applied with respect to such component;
          (2) The component will not be used for any nuclear 
        explosive device or for research on or development of 
        any nuclear explosive device;
          (3) The component will be further retransferred only 
        to nations or groups of nations for which consent has 
        been given pursuant to section 19 or upon prior consent 
        of the United States; and
          (4) The retransfer will not be inimical to the common 
        defense and security of the United States
    Action pursuant to paragraph f shall be taken no later than 
20 days after the expiration of the time period in paragraph d: 
Provided that if recourse is made to the provisions in section 
5, this period shall be 45 days.
    g. After discharging the Department of Energy's 
responsibilities under paragraph e of these procedures, the 
Secretary of Energy or his designee shall cause to be published 
in the Federal Register notice of any proposed subsequent 
arrangement together with his written determination that the 
arrangement will not be inimical to the common defense and 
security. He shall also report to Congress with respect to any 
proposed subsequent arrangement of the types specified in 
section 131b(1) of the AEA. No subsequent arrangement shall 
take effect until the applicable time period or periods in 
section 131 of the AEA have elapsed.
    h. Except for the time limits for the preparation of a 
Nuclear Proliferation Assessment Statement, any time period in 
this section may be extended by the Deputy Assistant Secretary 
for International Energy Cooperation and Nuclear Non-
Proliferation Policy or his designee.

Section 16. Retransfers Within the Scope of an Export License and Other 
        Subsequent Arrangements and Component Retransfers for Which 
        Further Executive Branch Review is Not Required

    a. The Secretary of Energy, with the concurrence of the 
Secretary of State, and having consulted the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission and the Secretary of Defense, hereby determines that 
a subsequent arrangement or component retransfer which is 
limited to a retransfer where an applicable export license has 
authorized transfer of the material involved for the same 
purpose and to the same destination for which the retransfer is 
to be made will not be inimical to the common defense and 
security and is hereby approved without any further requirement 
for a request for approval, unless the retransfer does not 
occur in the same general time period as contemplated by the 
export license. The foregoing approval does not apply to any 
such subsequent arrangement subject to section 131b of the AEA. 
The foregoing subsequent arrangement shall take effect on May 
31, 1984 and may be withdrawn in whole or in part, or with 
respect to any specific destination if the Departments of 
Energy and State, after consultation with the Departments of 
Defense and Commerce, the Arms Control and Disarmament Agency 
and the Nuclear Regulatory Commission, determine that a 
material change in circumstances so warrants.
    b. The Secretary of Energy, with the concurrence of the 
Secretary of State, and having consulted the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission and the Secretary of Defense, may enter into a 
proposed subsequent arrangement or approve a component 
retransfer which is limited to items specified in paragraph a 
or b of section 9, subject to the qualifications and conditions 
contained in those paragraphs and paragraph c of that section.

Section 17. Elimination of Duplicative Reviews

    a. Where a subsequent arrangement (other than a subsequent 
arrangement subject to subsection b or f of section 131) is 
part of an export licensed by an agency of the United States 
Government, the Secretary of Energy, with the concurrence of 
the Secretary of State and having consulted the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission and the Secretary of Defense, hereby determines that 
the subsequent arrangement will not be inimical to the common 
defense and security and is hereby approved, provided that the 
Executive branch has concurred in such license.
    b. Where a proposed export requires approval for enrichment 
pursuant to section 402(a) of the NNPA and the proposed export 
for enrichment is licensed by the Nuclear Regulatory 
Commission, the Secretary of Energy, with the concurrence of 
the Secretary of State and having consulted the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission and the Secretary of Defense, hereby approves such 
enrichment.
    c. This section shall take effect on May 31, 1984 and the 
approval contained herein may be withdrawn in whole or in part, 
or with respect to any specific destination if the Departments 
of Energy and State after consultation with the Department of 
Defense and Commerce, the Arms Control and Disarmament Agency 
and the Nuclear Regulatory Commission, determine that a 
material change in circumstances so warrants.

Section 18. Generally Approved Retransfers

    a. Where the prior consent of the United States for the 
retransfer of a component is an export license criterion under 
section 109(3) of the AEA, it is hereby determined that such 
retransfer will not be arrangement will not be inimical to the 
common defense and security and United States consent is hereby 
granted, without any further requirement for a request for 
approval, for the retransfer of the component from the nation 
or group of nations to which export was licensed to the 
jurisdiction of another nation or group of nations.
          (1) If the component will be used in a facility the 
        export of which was licensed pursuant to section 126 of 
        the AEA; or
          (2) If the Nuclear Regulatory Commission has in 
        effect a general license for the export from the United 
        States of all components to the retransferee nation or 
        group of nations; or
          (3) If the Nuclear Regulatory Commission has in 
        effect a general license for the export from the United 
        States of components for use in the facility in which 
        the components will be used; or
          (4) If the Nuclear Regulatory Commission has in 
        effect a general license authorizing the export from 
        the United States of an equal or larger quantity of the 
        same component to the same nation or group of nations 
        as the retransferee.
    b. The Secretary of Energy, with the concurrence of the 
Secretary of State, and having consulted the Director of the 
Arms Control and Disarmament Agency, and the Nuclear Regulatory 
Commission and the Secretary of Defense, hereby determines that 
a subsequent arrangement, which is limited to a retransfer to a 
destination to which a Nuclear Regulatory Commission general 
export license that is in effect authorizes export from the 
United States of the same material, will not be inimical to the 
common defense and security and is hereby authorized without 
any further requirement for a request for approval. The 
foregoing subsequent arrangement. The foregoing subsequent 
arrangement shall take effect on May 31, 1984.
    c. The approvals in paragraphs a and b shall not apply if 
the retransfer is for any of the purposes set forth in 
paragraph c of section 9 and may be withdrawn in whole or in 
part, or with respect to any specific destination, if the 
Departments of Energy and State, after consultation with the 
Departments of Defense and Commerce, the Arms Control and 
Disarmament Agency and the Nuclear Regulatory Commission, 
determine that a material change in circumstances so warrants.

Section 19. Reports on Retransfers

    a. Any consent to retransfer source or special nuclear 
material granted in a subsequent arrangement entered into 
pursuant to these procedures is granted on the express 
condition that the retransfer nation or group of nations, or 
its agent, normally within 30 days of the time the retransfer 
occurs, submit a properly completed Department of Energy Form 
S-10 to the Director of the Office of Non-Proliferation Policy, 
Office of International Affairs, Department of Energy, 
Washington, D.C. 20545.
    b. Any consent to retransfer any component pursuant to 
these procedures is granted on the express condition that the 
retransferor nation or group of nations, or its agent, normally 
within 30 days after a generally approved retransfer occurs or 
at the time a request for specific retransfer approval is made 
submit to the Director of the Office of Non-Proliferation 
Policy, Office of International Affairs, Department of Energy, 
Washington, D.C. 20545, a report containing: (1) The name, 
address and citizenship of the person submitting the report; 
(2) a description of the component involved in the retransfer; 
(3) the name of the retransferor nation or group of nations and 
the entity under its jurisdiction having possession of the 
component; (4) the name of the retransferee nation or group of 
nations and the entity under its jurisdiction having possession 
of the component; (5) the actual or proposed time when the 
retransfer is to occur; and (6) the end use of the component.

Part F. Export Items Under Section 309c of the Nuclear Non-
        Proliferation Act

Section 20. Procedures

    a. A list of commodities licensed by the Department of 
Commerce which, if used for purposes other than those for which 
the export is intended, could be of significance for nuclear 
explosive purposes, is published in the Department of 
Commerce's Export Administration Regulations and shall be 
revised as appropriate by the Departments of Commerce and 
Energy in consultation with the Departments of State and 
Defense, the Arms Control and Disarmament Agency, and the 
Nuclear Regulatory Commission.
    b. Export license applications for commodities on the list 
referred to in paragraph 1, as well as any other applications 
which may involve possible nuclear uses, shall be reviewed by 
the Department of Commerce in consultation with the Department 
of Energy. When either the Department of Commerce or the 
Department of Energy believes that--because of the proposed 
destination of the export, its timing, or other relevant 
considerations--a particular application should be reviewed by 
other agencies, or denied, such application shall be referred 
to the SNEC. The SNEC shall promptly consider any such 
application and provide its advice and recommendations to the 
Department of Commerce. Disagreements shall be handled in 
accordance with the provisions of section 5.
    c. Reviewing agencies shall promptly, but not later than 30 
days after receipt from the Department of Commerce of an 
application, provide their views thereon to the Department of 
Commerce. If, however, it is not possible to provide views 
within this time or if, at any point during review, it appears 
that final action on an application will not be completed 
within 60 days of receipt by the Department of Commerce, any 
agency which requires additional time shall inform the 
Department of Commerce at the earliest possible time of the 
issues involved and provide an estimate of the time needed to 
complete its review. In accordance with section 17(d)(2) of the 
Export Administration Act of 1979, if action is not completed 
within 180 days of receipt of the application by the Department 
of Commerce, the applicant shall have the rights of appeal and 
court action provided in section 10(j) of such Act.
    d. If the SNEC recommends denial of an application, the 
reasons therefor shall be articulated for the record. If the 
Department of Commerce agrees with the recommendation, that 
Department, in accordance with section 10(f)(2) of the Export 
Administration Act of 1979, shall, to the maximum extent 
consistent with the national security and foreign policy of the 
United States, inform the applicant in writing of the negative 
considerations raised with respect to such license application. 
Before final action is taken on the application, the applicant 
shall be afforded the opportunity to respond within 15 days to 
such negative considerations. If appropriate, the applicant's 
response will be made available to the SNEC for further review 
and advice. In the event of any disagreement which cannot be 
resolved between agencies, the provisions in section 5 shall be 
followed.
      d. Convention on the Physical Protection of Nuclear Material

 Done at Vienna, October 26, 1979; Ratification advised by the Senate, 
          July 30, 1981; Entered into force, February 8, 1987

     Convention on the Physical Protection of Nuclear Material \1\

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ TIAS 11080. For a list of states that are parties to the 
Agreement, see Department of State publication, Treaties in Force.

    Recognizing the right of all States to develop and apply 
nuclear energy for peaceful purposes and their legitimate 
interests in the potential benefits to be derived from the 
---------------------------------------------------------------------------
peaceful application of nuclear energy,

    Convinced of the need for facilitating international co-
operation in the peaceful application of nuclear energy,

    Desiring to avert the potential dangers posed by the 
unlawful taking and use of nuclear material,

    Convinced that offences relating to nuclear material are a 
matter of grave concern and that there is an urgent need to 
adopt appropriate and effective measures to ensure the 
prevention, detection and punishment of such offences,

    Aware of the need for international co-operation to 
establish, in conformity with the national law of each State 
Party and with this Convention, effective measures for the 
physical protection of nuclear material,

    Convinced that this Convention should facilitate the safe 
transfer of nuclear material,

    Stressing also the importance of the physical protection of 
nuclear material in domestic use, storage and transport,

    Recognizing the importance of effective physical protection 
of nuclear material used for military purposes, and 
understanding that such material is and will continue to be 
accorded stringent physical protection,

    Have agreed as follows:

                               Article 1

    For the purposes of this Convention:
          1. ``nuclear material'' means plutonium except that 
        with isotopic concentration exceeding 80% in plutonium-
        238; uranium-233; uranium enriched in the isotope 235 
        or 233; uranium containing the mixture of isotopes as 
        occurring in nature other than in the form of ore or 
        ore-residue; any material containing one or more of the 
        foregoing;
          2. ``uranium enriched in the isotope 235 or 233'' 
        means uranium containing the isotope 235 or 233 or both 
        in an amount such that the abundance ratio of the sum 
        of these isotopes to the isotope 238 is greater than 
        the ratio of the isotope 235 to the isotope 238 
        occurring in nature;
          3. ``international nuclear transport'' means the 
        carriage of a consignment of nuclear material by any 
        means of transportation intended to go beyond the 
        territory of the State where the shipment originates 
        beginning with the departure from a facility of the 
        shipper in that State and ending with the arrival at a 
        facility of the receiver within the State of ultimate 
        destination.

                               Article 2

    1. This Convention shall apply to nuclear material used for 
peaceful purposes while in international nuclear transport.
    2. With the exception of articles 3 and 4 and paragraph 3 
of article 5, this Convention shall also apply to nuclear 
material used for peaceful purposes while in domestic use, 
storage and transport.
    3. Apart from the commitments expressly undertaken by 
States Parties in the articles covered by paragraph 2 with 
respect to nuclear material used for peaceful purposes while in 
domestic use, storage and transport, nothing in this Convention 
shall be interpreted as affecting the sovereign rights of a 
State regarding the domestic use, storage and transport of such 
nuclear material.

                               Article 3

    Each State Party shall take appropriate steps within the 
framework of its national law and consistent with international 
law to ensure as far as practicable that, during international 
nuclear transport, nuclear material within its territory, or on 
board a ship or aircraft under its jurisdiction insofar as such 
ship or aircraft is engaged in the transport to or from that 
State, is protected at the levels described in Annex I.

                               Article 4

    1. Each State Party shall not export or authorize the 
export of nuclear material unless the State Party has received 
assurances that such material will be protected during the 
international nuclear transport at the levels described in 
Annex I.
    2. Each State Party shall not import or authorize the 
import of nuclear material from a State not party to this 
Convention unless the State Party has received assurances that 
such material will during the international nuclear transport 
be protected at the levels described in Annex I.
    3. A State Party shall not allow the transit of its 
territory by land or internal waterways or through its airports 
or seaports of nuclear material between States that are not 
parties to this Convention unless the State Party has received 
assurances as far as practicable that this nuclear material 
will be protected during international nuclear transport at the 
levels described in Annex I.
    4. Each State Party shall apply within the framework of its 
national law the levels of physical protection described in 
Annex I to nuclear material being transported from a part of 
that State to another part of the same State through 
international waters or airspace.
    5. The State Party responsible for receiving assurances 
that the nuclear material will be protected at the levels 
described in Annex I according to paragraphs 1 to 3 shall 
identify and inform in advance States which the nuclear 
material is expected to transit by land or internal waterways, 
or whose airports or seaports it is expected to enter.
    6. The responsibility for obtaining assurances referred to 
in paragraph 1 may be transferred, by mutual agreement, to the 
State Party involved in the transport as the importing State.
    7. Nothing in this article shall be interpreted as in any 
way affecting the territorial sovereignty and jurisdiction of a 
State, including that over its airspace and territorial sea.

                               Article 5

    1. States Parties shall identify and make known to each 
other directly or through the International Atomic Energy 
Agency their central authority and point of contact having 
responsibility for physical protection of nuclear material and 
for co-ordinating recovery and response operations in the event 
of any unauthorized removal, use or alteration of nuclear 
material or in the event of credible threat thereof.
    2. In the case of theft, robbery or any other unlawful 
taking of nuclear material or of credible threat thereof, 
States Parties shall, in accordance with their national law, 
provide co-operation and assistance to the maximum feasible 
extent in the recovery and protection of such material to any 
State that so requests. In particular:
          1. a State Party shall take appropriate steps to 
        inform as soon as possible other States, which appear 
        to it to be concerned, of any theft, robbery or other 
        unlawful taking of nuclear material or credible threat 
        thereof and to inform, where appropriate, international 
        organizations;
          2. as appropriate, the States Parties concerned shall 
        exchange information with each other or international 
        organizations with a view to protecting threatened 
        nuclear material, verifying the integrity of the 
        shipping container, or recovering unlawfully taken 
        nuclear material and shall:
                  1. co-ordinate their efforts through 
                diplomatic and other agreed channels;
                  2. render assistance; if requested;
                  3. ensure the return of nuclear material 
                stolen or missing as a consequence of the 
                above-mentioned events.
The means of implementation of this co-operation shall be 
determined by the States Parties concerned.
    3. States Parties shall co-operate and consult as 
appropriate, with each other directly or through international 
organizations, with a view to obtaining guidance on the design, 
maintenance and improvement of systems of physical protection 
of nuclear material in international transport.

                               Article 6

    1. States Parties shall take appropriate measures 
consistent with their national law to protect the 
confidentiality of any information which they receive in 
confidence by virtue of the provisions of this Convention form 
another State Party or through participation in an activity 
carried out for the implementation of this Convention. If 
States Parties provide information to international 
organizations in confidence, steps shall be taken to ensure 
that the confidentiality of such information is protected.
    2. States Parties shall not be required by this Convention 
to provide any information which they are not permitted to 
communicate pursuant to national law or which would jeopardize 
the security of the State concerned or the physical protection 
of nuclear material.

                               Article 7

    1. The intentional commission of:
          1. an act without lawful authority which constitutes 
        the receipt, possession, use, transfer, alteration, 
        disposal or dispersal of nuclear material and which 
        causes or is likely to cause death or serious injury to 
        any person or substantial damage to property;
          2. a theft or robbery of nuclear material;
          3. an embezzlement or fraudulent obtaining of nuclear 
        material;
          4. an act constituting a demand for nuclear material 
        by threat or use of force or by any other form of 
        intimidation;
          5. a threat:
                  1. to use nuclear material to cause death or 
                serious injury to any person or substantial 
                property damage, or
                  2. to commit an offence described in sub-
                paragraph (b) in order to compel a natural or 
                legal person, international organization or 
                State to do or to refrain from doing any act;
          6. an attempt to commit any offence described in 
        paragraphs (a), (b) or (c); and
          7. an act which constitutes participation in any 
        offence described in paragraphs (a) to (f) shall be 
        made a punishable offence by each State Party under its 
        national law.
    2. Each State Party shall make the offences described in 
this article punishable by appropriate penalties which take 
into account their grave nature.

                               Article 8

    1. Each State Party shall take such measures as may be 
necessary to establish its jurisdiction over the offences set 
forth in article 7 in the following cases;
          1. when the offence is committed in the territory of 
        that State or on board a ship or aircraft registered in 
        that State;
          2. when the alleged offender is a national of that 
        State.
    2. Each State Party shall likewise take such measures as 
may be necessary to establish its jurisdiction over these 
offences in cases where the alleged offender is presented in 
its territory and it does not extradite him pursuant to article 
11 to any of the States mentioned in paragraph 1.
    3. This Convention does not exclude any criminal 
jurisdiction exercised in accordance with national law.
    4. In addition to the States Parties mentioned in 
paragraphs 1 and 2, each State Party may, consistent with 
international law, establish its jurisdiction over the offences 
set forth in article 7 when it is involved in international 
nuclear transport as the exporting or importing State.

                               Article 9

    Upon being satisfied that the circumstances so warrant, the 
State Party in whose territory the alleged offender is present 
shall take appropriate measures, including detention, under its 
national law to ensure his presence for the purpose of 
prosecution or extradition. Measures taken according to this 
article shall be notified without delay to the States required 
to establish jurisdiction pursuant to article 8 and, where 
appropriate, all other States concerned.

                               Article 10

    The State Party in whose territory the alleged offender is 
present shall, if it does not extradite him, submit, without 
exception whatsoever and without undue delay, the case to its 
competent authorities for the purpose of prosecution, through 
proceedings in accordance with the laws of that State.

                               Article 11

    1. The offences in article 7 shall be deemed to be included 
as extraditable offences in any extradition treaty existing 
between States Parties. States Parties undertake to include 
those offences as extraditable offences in every future 
extradition treaty to be concluded between them.
    2. If a State Party which makes extradition conditional on 
the existence of a treaty receives a request for extradition 
from another State Party with which it has no extradition 
treaty, it may at its option consider this Convention as the 
legal basis for extradition in respect of those offences. 
Extradition shall be subject to the other conditions provided 
by the law of the requested State.
    3. States Parties which do not make extradition conditional 
on the existence of a treaty shall recognize those offences as 
extraditable offences between themselves subject to the 
conditions provided by the law of the requested State.
    4. Each of the offences shall be treated, for the purpose 
of extradition between States Parties, as if it had been 
committed not only in the place in which it occurred but also 
in the territories of the States Parties required to establish 
their jurisdiction in accordance with paragraph 1 of article 8.

                               Article 12

    Any person regarding whom proceedings are being carried out 
in connection with any of the offences set forth in article 7 
shall be guaranteed fair treatment at all stages of the 
proceedings.

                               Article 13

    1. States Parties shall afford one another the greatest 
measure of assistance in connection with criminal proceedings 
brought in respect of the offences set forth in article 7, 
including the supply of evidence at their disposal necessary 
for the proceedings. The law of the State requested shall apply 
in all cases.
    2. The provisions of paragraph 1 shall not affect 
obligations under any other treaty, bilateral or multilateral, 
which governs or will govern, in whole or in part, mutual 
assistance in criminal matters.

                               Article 14

    1. Each State Party shall inform the depositary of its laws 
and regulations which give effect to this Convention. The 
depositary shall communicate such information periodically to 
all States Parties.
    2. The State Party where an alleged offender is prosecuted 
shall, wherever practicable, first communicate the final 
outcome of the proceedings to the States directly concerned. 
The State Party shall also communicate the final outcome to the 
depositary who shall inform all States.
    3. Where an offence involves nuclear material used for 
peaceful purposes in domestic use, storage or transport, and 
both the alleged offender and the nuclear material remain in 
the territory of the State Party in which the offence was 
committed, nothing in this Convention shall be interpreted as 
requiring that State Party to provide information concerning 
criminal proceedings arising out of such an offence.

                               Article 15

    The Annexes constitute an integral part of this Convention.

                               Article 16

    1. A conference of States Parties shall be convened by the 
depositary of five years after the entry into force of this 
Convention to review the implementation of the Convention and 
its adequacy as concerns the preamble, the whole of the 
operative part and the annexes in the light of the then 
prevailing situation.
     2. At intervals of not less than five years thereafter, 
the majority of States Parties may obtain, by submitting a 
proposal to this effect to the depositary, the convening of 
further conferences with the same objective.

                               Article 17

    1. In the event of a dispute between two or more States 
Parties concerning the interpretation or application of this 
Convention, such States Parties shall consult with a view to 
the settlement of the dispute by negotiation, or by any other 
peaceful means of settling disputes acceptable to all parties 
to the dispute.
    2. Any dispute of this character which cannot be settled in 
the manner prescribed in paragraph 1 shall, at the request of 
any party to such dispute, be submitted to arbitration or 
referred to the International Court of Justice for decision. 
Where a dispute is submitted to arbitration, if, within six 
months from the date of the request, the parties to the dispute 
are unable to agree on the organization of the arbitration, a 
party may request the President of the International Court of 
Justice or the Secretary-General of the United Nations to 
appoint one or more arbitrators. In case of conflicting 
requests by the parties to the dispute, the request to the 
Secretary-General of the United Nations shall have priority.
    3. Each State Party may at the time of signature, 
ratification, acceptance or approval of this Convention or 
accession thereto declare that it does not consider itself 
bound by either or both of the dispute settlement procedures 
provided for in paragraph 2. The other States Parties shall not 
be bound by a dispute settlement procedure provided for in 
paragraph 2, with respect to a State Party which has made a 
reservation to that procedure.
    4. Any State Party which has made a reservation in 
accordance with paragraph 3 may at any time withdraw that 
reservation by notification to the depositary.

                               Article 18

    1. This Convention shall be open for signature by all 
States at the Headquarters of the International Atomic Energy 
Agency in Vienna and at the Headquarters of the United Nations 
in New York from 3 March 1980 until its entry into force.
    2. This Convention is subject to ratification, acceptance 
or approval by the signatory States.
    3. After its entry into force, this Convention will be open 
for accession by all States.
     4. 1. This Convention shall be open for signature or 
accession by international organizations and regional 
organizations of an integration or other nature, provided that 
any such organization is constituted by sovereign States and 
has competence in respect of the negotiation, conclusion and 
application of international agreements in matters covered by 
this Convention.
    2. In matters within their competence, such organizations 
shall, on their own behalf, exercise the rights and fulfill the 
responsibilities which this Convention attributes to States 
Parties.
    3. When becoming party to this Convention such an 
organization shall communicate to the depository a declaration 
indicating which States are members thereof and which articles 
of this Convention do not apply to it.
    4. Such an organization shall not hold any vote additional 
to those of its Member States.
    5. Instruments of ratification, acceptance, approval or 
accession shall be deposited with depositary.

                               Article 19

    1. This Convention shall enter into force on the thirtieth 
day following the date of deposit of the twenty-first 
instrument of ratification, acceptance or approval with the 
depositary.
    2. For each State ratifying, accepting, approving or 
acceding to the Convention after the date of deposit of the 
twenty-first instrument of ratification, acceptance or 
approval, the Convention shall enter into force on the 
thirtieth day after the deposit by such State of its instrument 
of ratification, acceptance, approval or accession.

                               Article 20

    1. Without prejudice to article 16 a State Party may 
propose amendments to this Convention. The proposed amendment 
shall be submitted to the depositary who shall circulate it 
immediately to all States Parties. If a majority of States 
Parties request the depositary to convene a conference to 
consider the proposed amendments, the depositary shall invite 
all States Parties to attend such a conference to being not 
sooner than thirty days after the invitations are issued. Any 
amendment adopted at the conference by a two-thirds majority of 
all States Parties shall be promptly circulated by the 
depositary to all States Parties.
    2. The amendment shall enter into force for each State 
Party that deposits its instrument of ratification, acceptance 
or approval of the amendment on the thirtieth day after the 
date on which two thirds of the States Parties have deposited 
their instruments of ratification, acceptance or approval with 
the depositary. Thereafter, the amendment shall enter into 
force for any other State Party on the day on which that State 
Party deposits its instrument of ratification, acceptance or 
approval of the amendment.

                               Article 21

    1. Any State Party any denounce this Convention by written 
notification to the depositary.
    2. Denunciation shall take effect one hundred and eighty 
days following the date on which notification is received by 
the depositary.

                               Article 22

    The depositary shall promptly notify all States of:
          1. each signature of this Convention;
          2. each deposit of an instrument of ratification, 
        acceptance, approval or accession;
          3. any reservation or withdrawal in accordance with 
        article 17;
          4. any communication made by an organization in 
        accordance with paragraph 4(c) of article 18;
          5. the entry into force of this Convention;
          6. the entry into force of any amendment to this 
        Convention; and
          7. any denunciation made under article 21.

                               Article 23

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Director General of the 
International Atomic Energy Agency who shall send certified 
copies thereof to all States.
    In witness whereof, the undersigned, being duly authorized, 
have signed this Convention, opened for signature at Vienna and 
at New York on 3 March 1980.

                                Annex I

Levels of Physical Protection to be Applied in International Transport 
            of Nuclear Materials as Categorized in Annex II

    1. Levels of physical protection for nuclear material 
during storage incidental to international nuclear transport 
include:
          1. For Category III materials, storage within an area 
        to which access is controlled;
          2. For Category II materials, storage within an area 
        under constant surveillance by guards or electronic 
        devices, surrounded by a physical barrier with a 
        limited number of points of entry under appropriate 
        control or any area with an equivalent level of 
        physical protection;
          3. For Category I material, storage within a 
        protected area as defined for Category II above, to 
        which, in addition, access is restricted to persons 
        whose trustworthiness has been determined, and which is 
        under surveillance by guards who are in close 
        communication with appropriate response forces. 
        Specific measures taken in this context should have as 
        their object the detection and prevention of any 
        assault, unauthorized access or unauthorized removal of 
        material.
    2. Levels of physical protection for nuclear material 
during international transport include:
          1. For Category II and III materials, transportation 
        shall take place under special precautions including 
        prior arrangements among sender, receiver, and carrier, 
        and prior agreement between natural or legal persons 
        subject to the jurisdiction and regulation of exporting 
        and importing States, specifying time, place and 
        procedures for transferring transport responsibility;
          2. For Category I materials, transportation shall 
        take place under special precautions identified above 
        for transportation of Category II and III materials, 
        and in addition, under constant surveillance by escorts 
        and under conditions which assure close communication 
        with appropriate response forces;
          3. For natural uranium other than in the form of ore 
        or ore-residue; transportation protection for 
        quantities exceeding 500 kilograms uranium shall 
        include advance notification of shipment specifying 
        mode of transport, expected time of arrival and 
        confirmation of receipt of shipment.

 Annex IIhttp://www.iaea.org/Publications/Documents/Infcircs/
                       Others/inf274r1.shtml deg.

                                    Table: Categorization of Nuclear Material
----------------------------------------------------------------------------------------------------------------
                                                                               Category
            Material                     Form        -----------------------------------------------------------
                                                               I                  II                 III c
----------------------------------------------------------------------------------------------------------------
1. Plutonium a                    Unirradiated b....  2 kg or more......  Less than 2 kg but  500 g or less but
                                                                           more than 500 g.    more than 15 g
2. Uranium-235                    Unirradiated b....  5 kg or more......  10 kg or more.....  Less than 10 kg
                                  uranium enriched    Less than 5 kg but  1 kg or less but     but more than 1
                                   to 20% \235\ U or   more than 1 kg.     more than 15 g.     kg
                                   more.                                                      10 kg or more
                                  uranium enriched
                                   to 10% \235\ U
                                   but less than 20%.
                                  uranium enriched
                                   above natural,
                                   but less than 10%
                                   \235\ U.
3. Uranium-233                    Unirradiatedb b...  2 kg or more......  Less than 2 kg but  500 g or less but
                                                                           more than 500 g.    more than 15 g
4. Irradiated fuel                Depleted or
                                   natural uranium,
                                   thorium or low-
                                   enriched fuel
                                   (less than 10%
                                   fossile content)
                                   d, e .
----------------------------------------------------------------------------------------------------------------
a All plutonium except that with isotopic concentration exceeding 80% in plutonium-238.
b Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to
  or less than 100 rads/hour at one metre unshielded.
c Quantities not falling in Category III and natural uranium should be protected in accordance with prudent
  management practice.
d Although this level of protection is recommended, it would be open to States, upon evaluation of the specific
  circumstances, to assign a different category of physical protection.
e Other fuel which by virtue of its original fissile material content is classified as Category I and II before
  irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 rads/hour at
  one metre unshielded.

        

                               Final Act

 Meeting of Governmental Representatives to Consider the Drafting of a 
       Convention on the Physical Protection of Nuclear Material

    1. The Meeting of Governmental Representatives to Consider 
the Drafting of a Convention on the Physical Protection of 
Nuclear Material met in Vienna at the Headquarters of the 
International Atomic Energy Agency from 31 October to 10 
November 1977, from 10 to 20 April 1978, from 5 to 16 February 
and from 15 to 26 October 1979. Informal consultations between 
Governmental Representatives took place from 4 to 7 September 
1978 and from 24 to 25 September 1979.
    2. Representatives of 58 States and one organization 
participated, namely, representatives of:

 
 
 
 
Algeria                               Cuba                                  Guatemala
Korea, Republic of                    Philippines                           Union of Soviet Socialist Republics
Argentina                             Czechoslovakia                        Holy See
Libyan Arab Jamahiriya                Poland                                United Arab Emirates
Australia                             Denmark                               Hungary
Luxembourg                            Qatar                                 United Kingdom of Great Britain and
Austria                               Ecuador                                Northern Ireland
Mexico                                Romania                               India
Belgium                               Egypt                                 United States of America
Netherlands                           South Africa                          Indonesia
Brazil                                Finland                               Venezuela
Niger                                 Spain                                 Ireland
Bulgaria                              France                                Yugoslavia
Norway                                Sweden                                Israel
Canada                                German Democratic Republic            Zaire
Pakistan                              Switzerland                           Italy
Chile                                 Germany, Federal Republic of          European Atomic Energy Community
Panama                                Tunisia                               Japan
Colombia                              Greece
Paraguay                              Turkey
Costa Rica
Peru
 

    3. The following States and international organizations 
participated as observers:

 
 
 
 
Iran
Lebanon
Malaysia
Thailand
Nuclear Energy Agency of the Organisation for Economic Co-operation and Development
 

    4. The Meeting elected Ambassador D.L. Siazon Jr. 
(Philippines) as Chairman. For the meetings in April 1978 and 
February 1979 Mr. R.A. Estrada-Oyuela (Argentina) was elected 
Chairman.
    5. The Meetings elected as Vice-Chairmen:
        Mr. K. Willuhn of the German Democratic Republic, who 
        at the meeting in February 1979 was succeeded by Mr. H. 
        Rabold of the German Democratic Republic;
        Mr. R.J.S. Harry, Netherlands, who at the meeting of 
        October 1979 was succeeded by Mr. G. Dahlhoff of the 
        Federal Republic of Germany;
        Mr. R.A. Estrada-Oyuela, Argentina, who at the meeting 
        of October 1979 was succeeded by Mr. L.A. Olivieri of 
        Argentina.
        Mr. L.W. Herron (Australia) was elected Rapporteur. For 
        the meeting in October 1979 Mr. N.R. Smith (Australia) 
        was elected Rapporteur.
    6. Secretariat services were provided by the International 
Atomic Energy Agency. The Director General of the Agency was 
represented by the Director of the Legal Division of the 
Agency, Mr. D.M. Edwards and, in succession to him, Mr. L.W. 
Herron.
    7. The Meeting set up the following groups:
          1. Working Group on Technical Issues
                  Chairman: Mr. R.J.S. Harry, Netherlands
          2. Working Group on Legal Issues
                  Chairman: Mr. R.A. Estrada-Oyuela, Argentina
          3. Working Group on Scope of Convention
                  Chairman: Mr. K. Willuhn, German Democratic 
                Republic
          4. Drafting Committee
                  Chairman: Mr. De Castro Neves, Brazil
                  Members: Representatives of Australia, 
                Brazil, Canada, Chile, Czechoslovakia, Egypt, 
                France, Federal Republic of Germany, Italy, 
                Japan, Mexico, Qatar, Tunisia, Union of Soviet 
                Socialist Republics, United States of America.
    8. The Meeting had before it the following documents:
          1. Draft Convention on the Physical Protection of 
        Nuclear Materials, Facilities and Transports, as 
        contained in document CPNM/1;
          2. IAEA document INFCIRC/225/Rev.1: The Physical 
        Protection of Nuclear Material;
          3. IAEA document INFCIRC/254: Communications Received 
        from Certain Member States regarding Guidelines for the 
        Export of Nuclear Material, Equipment or Technology.
    9. The Meeting completed consideration of a Convention, the 
text of which is attached as Annex I[*]. Certain delegations 
expressed reservations with regard to particular provisions in 
the text. These are recorded in the documents and in the Daily 
Reports of the Meeting. It was agreed that the text will be 
referred by delegations to their authorities for consideration.
    10. The Meeting recommended that the text of the Convention 
be transmitted for information to the twenty-third General 
Conference of the International Atomic Energy Agency.
    11. The Convention will, in accordance with its terms, be 
opened for signature from 3 March 1980 at the Headquarters of 
the International Atomic Energy Agency in Vienna and at the 
Headquarters of the United Nations in New York.

    Vienna, 26 October 1979
                                                           (signed)
                                                    D.L. Siazon Jr.
    [1] The text of the Convention was transmitted to the 
twenty-third (1979) regular session of the General Conference 
of the International Atomic Energy Agency, pursuant to 
paragraph 11 of the Final Act, as document INFCIRC/274.
    [*] Since the Convention has been opened for signature it 
is not attached here as Annex I; it is reproduced as the first 
part of this document.
                    e. Convention on Nuclear Safety

   Done at Vienna, September 20, 1994; Entered into force generally, 
 October 24, 1996; Ratification advised by the Senate, March 25, 1999; 
        Entered into force for the United States, July 10, 1999

                    Convention on Nuclear Safety \1\

                                Preamble

    The Contracting Parties
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Agreement, see 
Department of State publication, Treaties in Force.

    1. Aware of the importance to the international community 
of ensuring that the use of nuclear energy is safe, well 
---------------------------------------------------------------------------
regulated and environmentally sound;

    2. Reaffirming the necessity of continuing to promote a 
high level of nuclear safety worldwide;

    3. Reaffirming that responsibility for nuclear safety rests 
with the State having jurisdiction over a nuclear installation;

    4. Desiring to promote an effective nuclear safety culture;

    5. Aware that accidents at nuclear installations have the 
potential for transboundary impacts;

    6. Keeping in mind the Convention on the Physical 
Protection of Nuclear Material (1979), the Convention on Early 
Notification of a Nuclear Accident (1986), and the Convention 
on Assistance in the Case of a Nuclear Accident or Radiological 
Emergency (1986);

    7. Affirming the importance of international co-operation 
for the enhancement of nuclear safety through existing 
bilateral and multilateral mechanisms and the establishment of 
this incentive Convention;

    8. Recognizing that this Convention entails a commitment to 
the application of fundamental safety principles for nuclear 
installations rather than of detailed safety standards and that 
there are internationally formulated safety guidelines which 
are updated from time to time and so can provide guidance on 
contemporary means of achieving a high level of safety;

    9. Affirming the need to begin promptly the development of 
an international convention on the safety of radioactive waste 
management as soon as the ongoing process to develop waste 
management safety fundamentals has resulted in broad 
international agreement;

    10. Recognizing the usefulness of further technical work in 
connection with the safety of other parts of the nuclear fuel 
cycle, and that this work may, in time, facilitate the 
development of current or future international instruments;

    Have Agreed as follows:

      Chapter 1. Objectives, Definitions and Scope of Application

                         article 1. objectives

    The objectives of this Convention are:
           1. to achieve and maintain a high level of nuclear 
        safety worldwide through the enhancement of national 
        measures and international co-operation including, 
        where appropriate, safety-related technical co-
        operation;
          2. to establish and maintain effective defences in 
        nuclear installations against potential radiological 
        hazards in order to protect individuals, society and 
        the environment from harmful effects of ionizing 
        radiation from such installations;
          3. to prevent accidents with radiological 
        consequences and to mitigate such consequences should 
        they occur.

                         article 2. definitions

    For the purpose of this Convention:
          1. ``nuclear installation'' means for each 
        Contracting Party any land-based civil nuclear power 
        plant under its jurisdiction including such storage, 
        handling and treatment facilities for radioactive 
        materials as are on the same site and are directly 
        related to the operation of the nuclear power plant. 
        Such a plant ceases to be a nuclear installation when 
        all nuclear fuel elements have been removed permanently 
        from the reactor core and have been stored safely in 
        accordance with approved procedures, and a 
        decommissioning programme has been agreed to by the 
        regulatory body.
          2. ``regulatory body'' means for each Contracting 
        Party any body or bodies given the legal authority by 
        that Contracting Party to grant licences and to 
        regulate the siting, design, construction, 
        commissioning, operation or decommissioning of nuclear 
        installations.
          3. ``licence'' means any authorization granted by the 
        regulatory body to the applicant to have the 
        responsibility for the siting, design, construction, 
        commissioning, operation or decommissioning of a 
        nuclear installation.

                    article 3. scope of application

    This Convention shall apply to the safety of nuclear 
installations.

                         Chapter 2. Obligations

                         1. General Provisions

                    article 4. implementing measures

    Each Contracting Party shall take, within the framework of 
its national law, the legislative, regulatory and 
administrative measures and other steps necessary for 
implementing its obligations under this Convention.

                          article 5. reporting

    Each Contracting Party shall submit for review, prior to 
each meeting referred to in Article 20, a report on the 
measures it has taken to implement each of the obligations of 
this Convention

               article 6. existing nuclear installations

    Each Contracting Party shall take the appropriate steps to 
ensure that the safety of nuclear installations existing at the 
time the Convention enters into force for that Contracting 
Party is reviewed as soon as possible. When necessary in the 
context of this Convention, the Contracting Party shall ensure 
that all reasonably practicable improvements are made as a 
matter of urgency to upgrade the safety of the nuclear 
installation. If such upgrading cannot be achieved, plans 
should be implemented to shut down the nuclear installation as 
soon as practically possible. The timing of the shut-down may 
take into account the whole energy context and possible 
alternatives as well as the social, environmental and economic 
impact.

                     2. Legislation and Regulation

            article 7. legislative and regulatory framework

    1. Each Contracting Party shall establish and maintain a 
legislative and regulatory framework to govern the safety of 
nuclear installations.
    2. The legislative and regulatory framework shall provide 
for:
          1. the establishment of applicable national safety 
        requirements and regulations;
          2. a system of licensing with regard to nuclear 
        installations and the prohibition of the operation of a 
        nuclear installation without a licence:
          3. a system of regulatory inspection and assessment 
        of nuclear installations to ascertain compliance with 
        applicable regulations and the terms of licences;
          4. the enforcement of applicable regulations and of 
        the terms of licences, including suspension, 
        modification or revocation.

                       article 8. regulatory body

    1. Each Contracting Party shall establish or designate a 
regulatory body entrusted with the implementation of the 
legislative and regulatory framework referred to in Article 7, 
and provided with adequate authority, competence and financial 
and human resources to fulfill its assigned responsibilities.
    2. Each Contracting Party shall take the appropriate steps 
to ensure an effective separation between the functions of the 
regulatory body and those of any other body or organization 
concerned with the promotion or utilization of nuclear energy.

            article 9. responsibility of the licence holder

    Each Contracting Party shall ensure that prime 
responsibility for the safety of a nuclear installation rests 
with the holder of the relevant licence and shall take the 
appropriate steps to ensure that each such licence holder meets 
its responsibility.

                    3. General Safety Considerations

                     article 10. priority to safety

    Each Contracting Party shall take the appropriate steps to 
ensure that all organizations engaged in activities directly 
related to nuclear installations shall establish policies that 
give due priority to nuclear safety.

               article 11. financial and human resources

    1. Each Contracting Party shall take the appropriate steps 
to ensure that adequate financial resources are available to 
support the safety of each nuclear installation throughout its 
life.
    2. Each Contracting Party shall take the appropriate steps 
to ensure that sufficient numbers of qualified staff with 
appropriate education, training and retraining are available 
for all safety-related activities in or for each nuclear 
installation, throughout its life.

                       article 12. human factors

    Each Contracting Party shall take the appropriate steps to 
ensure that the capabilities and limitations of human 
performance are taken into account throughout the life of a 
nuclear installation.

                     article 13. quality assurance

    Each Contracting Party shall take the appropriate steps to 
ensure that quality assurance programmes are established and 
implemented with a view to providing confidence that specified 
requirements for all activities important to nuclear safety are 
satisfied throughout the life of a nuclear installation.

           article 14. assessment and verification of safety

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          1. comprehensive and systematic safety assessments 
        are carried out before the construction and 
        commissioning of a nuclear installation and throughout 
        its life. Such assessments shall be well documented, 
        subsequently updated in the light of operating 
        experience and significant new safety information, and 
        reviewed under the authority of the regulatory body;
          2. verification by analysis, surveillance, testing 
        and inspection is carried out to ensure that the 
        physical state and the operation of a nuclear 
        installation continue to be in accordance with its 
        design, applicable national safety requirements, and 
        operational limits and conditions.

                    article 15. radiation protection

    Each Contracting Party shall take the appropriate steps to 
ensure that in all operational states the radiation exposure to 
the workers and the public caused by a nuclear installation 
shall be kept as low as reasonably achievable and that no 
individual shall be exposed to radiation doses which exceed 
prescribed national dose limits.

                   article 16. emergency preparedness

    1. Each Contracting Party shall take the appropriate steps 
to ensure that there are on-site and off-site emergency plans 
that are routinely tested for nuclear installations and cover 
the activities to be carried out in the event of an emergency.
    For any new nuclear installation, such plans shall be 
prepared and tested before it commences operation above a low 
power level agreed by the regulatory body.
    2. Each Contracting Party shall take the appropriate steps 
to ensure that, insofar as they are likely to be affected by a 
radiological emergency, its own population and the competent 
authorities of the States in the vicinity of the nuclear 
installation are provided with appropriate information for 
emergency planning and response.
    3. Contracting Parties which do not have a nuclear 
installation on their territory, insofar as they are likely to 
be affected in the event of a radiological emergency at a 
nuclear installation in the vicinity, shall take the 
appropriate steps for the preparation and testing of emergency 
plans for their territory that cover the activities to be 
carried out in the event of such an emergency.
    4. Safety of Installations

                           article 17. siting

    Each Contracting Party shall take the appropriate steps to 
ensure that appropriate procedures are established and 
implemented:
          1. for evaluating all relevant site-related factors 
        likely to affect the safety of a nuclear installation 
        for its projected lifetime;
          2. for evaluating the likely safety impact of a 
        proposed nuclear installation on individuals, society 
        and the environment;
          3. for re-evaluating as necessary all relevant 
        factors referred to in sub-paragraphs (i) and (ii) so 
        as to ensure the continued safety acceptability of the 
        nuclear installation;
          4. for consulting Contracting Parties in the vicinity 
        of a proposed nuclear installation, insofar as they are 
        likely to be affected by that installation and, upon 
        request providing the necessary information to such 
        Contracting Parties, in order to enable them to 
        evaluate and make their own assessment of the likely 
        safety impact on their own territory of the nuclear 
        installation.

                  article 18. design and construction

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          1. the design and construction of a nuclear 
        installation provides for several reliable levels and 
        methods of protection (defense in depth) against the 
        release of radioactive materials, with a view to 
        preventing the occurrence of accidents and to 
        mitigating their radiological consequences should they 
        occur;
          2. the technologies incorporated in the design and 
        construction of a nuclear installation are proven by 
        experience or qualified by testing or analysis;
          3. the design of a nuclear installation allows for 
        reliable, stable and easily manageable operation, with 
        specific consideration of human factors and the man-
        machine interface.

                         article 19. operation

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          1. the initial authorization to operate a nuclear 
        installation is based upon an appropriate safety 
        analysis and a commissioning programme demonstrating 
        that the installation, as constructed, is consistent 
        with design and safety requirements;
          2. operational limits and conditions derived from the 
        safety analysis, tests and operational experience are 
        defined and revised as necessary for identifying safe 
        boundaries for operation;
          3. operation, maintenance, inspection and testing of 
        a nuclear installation are conducted in accordance with 
        approved procedures;
          4. procedures are established for responding to 
        anticipated operational occurrences and to accidents;
          5. necessary engineering and technical support in all 
        safety-related fields is available throughout the 
        lifetime of a nuclear installation;
          6. incidents significant to safety are reported in a 
        timely manner by the holder of the relevant licence to 
        the regulatory body;
          7. programmes to collect and analyse operating 
        experience are established, the results obtained and 
        the conclusions drawn are acted upon and that existing 
        mechanisms are used to share important experience with 
        international bodies and with other operating 
        organizations and regulatory bodies;
          8. the generation of radioactive waste resulting from 
        the operation of a nuclear installation is kept to the 
        minimum practicable for the process concerned, both in 
        activity and in volume, and any necessary treatment and 
        storage of spent fuel and waste directly related to the 
        operation and on the same site as that of the nuclear 
        installation take into consideration conditioning and 
        disposal.

             Chapter 3. Meetings of the Contracting Parties

                      article 20. review meetings

    1. The Contracting Parties shall hold meetings (hereinafter 
referred to as ``review meetings'') for the purpose of 
reviewing the reports submitted pursuant to Article 5 in 
accordance with the procedures adopted under Article 22.
    2. Subject to the provisions of Article 24 sub-groups 
comprised of representatives of Contracting Parties may be 
established and may function during the review meetings as 
deemed necessary for the purpose of reviewing specific subjects 
contained in the reports.
    3. Each Contracting Party shall have a reasonable 
opportunity to discuss the reports submitted by other 
Contracting Parties and to seek clarification of such reports.

                         article 21. timetable

    1. A preparatory meeting of the Contracting Parties shall 
be held not later than six months after the date of entry into 
force of this Convention.
    2. At this preparatory meeting, the Contracting Parties 
shall determine the date for the first review meeting. This 
review meeting shall be held as soon as possible, but not later 
than thirty months after the date of entry into force of this 
Convention.
    3. At each review meeting, the Contracting Parties shall 
determine the date for the next such meeting. The interval 
between review meetings shall not exceed three years.

                  article 22. procedural arrangements

    1. At the preparatory meeting held pursuant to Article 21 
the Contracting Parties shall prepare and adopt by consensus 
Rules of Procedure and Financial Rules. The Contracting Parties 
shall establish in particular and in accordance with the Rules 
of Procedure:
          1. guidelines regarding the form and structure of the 
        reports to be submitted pursuant to Article 5;
          2. a date for the submission of such reports;
          3. the process for reviewing such reports.
    2. At review meetings the Contracting Parties may, if 
necessary, review the arrangements established pursuant to sub-
paragraphs (i)-(iii) above, and adopt revisions by consensus 
unless otherwise provided for in the Rules of Procedure. They 
may also amend the Rules of Procedure and the Financial Rules, 
by consensus.

                   article 23. extraordinary meetings

    An extraordinary meeting of the Contracting Parties shall 
be held:
          1. if so agreed by a majority of the Contracting 
        Parties present and voting at a meeting, abstentions 
        being considered as voting; or
          2. at the written request of a Contracting Party, 
        within six months of this request having been 
        communicated to the Contracting Parties and 
        notification having been received by the secretariat 
        referred to in Article 28, that the request has been 
        supported by a majority of the Contracting Parties.

                         article 24. attendance

    1. Each Contracting Party shall attend meetings of the 
Contracting Parties and be represented at such meetings by one 
delegate, and by such alternates, experts and advisers as it 
deems necessary.
    2. The Contracting Parties may invite, by consensus, any 
intergovernmental organization which is competent in respect of 
matters governed by this Convention to attend, as an observer, 
any meeting, or specific sessions thereof. Observers shall be 
required to accept in writing, and in advance, the provisions 
of Article 27.

                      article 25. summary reports

    The Contracting Parties shall adopt, by consensus, and make 
available to the public a document addressing issues discussed 
and conclusions reached during a meeting.

                         article 26. languages

    1. The languages of meetings of the Contracting Parties 
shall be Arabic, Chinese, English, French, Russian and Spanish 
unless otherwise provided in the Rules of Procedure.
    2. Reports submitted pursuant to Article 5 shall be 
prepared in the national language of the submitting Contracting 
Party or in a single designated language to be agreed in the 
Rules of Procedure. Should the report be submitted in a 
national language other than the designated language, a 
translation of the report into the designated language shall be 
provided by the Contracting Party.
    3. Notwithstanding the provisions of paragraph 2, if 
compensated, the secretariat will assume the translation into 
the designated language of reports submitted in any other 
language of the meeting.

                      article 27. confidentiality

    1. The provisions of this Convention shall not affect the 
rights and obligations of the Contracting Parties under their 
law to protect information from disclosure. For the purposes of 
this Article, ``information'' includes, inter alia, (i) 
personal data; (ii) information protected by intellectual 
property rights or by industrial or commercial confidentiality; 
and (iii) information relating to national security or to the 
physical protection of nuclear materials or nuclear 
installations.
    2. When, in the context of this Convention, a Contracting 
Party provides information identified by it as protected as 
described in paragraph 1, such information shall be used only 
for the purposes for which it has been provided and its 
confidentiality shall be respected.
    3. The content of the debates during the reviewing of the 
reports by the Contracting Parties at each meeting shall be 
confidential.

                        article 28. secretariat

    1. The International Atomic Energy Agency, (hereinafter 
referred to as the ``Agency'') shall provide the secretariat 
for the meetings of the Contracting Parties.
    2. The secretariat shall:
          1. convene, prepare and service the meetings of the 
        Contracting Parties;
          2. transmit to the Contracting Parties information 
        received or prepared in accordance with the provisions 
        of this Convention.
          The costs incurred by the Agency in carrying out the 
        functions referred to in sub-paragraphs (i) and (ii) 
        above shall be borne by the Agency as part of its 
        regular budget.
    3. The Contracting Parties may, by consensus, request the 
Agency to provide other services in support of meetings of the 
Contracting Parties. The Agency may provide such services if 
they can be undertaken within its programme and regular budget. 
Should this not be possible, the Agency may provide such 
services if voluntary funding is provided from another source.

             Chapter 4. Final Clauses and Other Provisions

                article 29. resolution of disagreements

    In the event of a disagreement between two or more 
Contracting Parties concerning the interpretation or 
application of this Convention, the Contracting Parties shall 
consult within the framework of a meeting of the Contracting 
Parties with a view to resolving the disagreement.

  article 30. signature, ratification, acceptance, approval, accession

    1. This Convention shall be open for signature by all 
States at the Headquarters of the Agency in Vienna from 20 
September 1994 until its entry into force.
    2. This Convention is subject to ratification, acceptance 
or approval by the signatory States.
    3. After its entry into force, this Convention shall be 
open for accession by all States.
    4.
          i. This Convention shall be open for signature or 
        accession by regional organizations of an integration 
        or other nature, provided that any such organization is 
        constituted by sovereign States and has competence in 
        respect of the negotiation, conclusion and application 
        of international agreements in matters covered by this 
        Convention.
          ii. In matters within their competence, such 
        organizations shall, on their own behalf, exercise the 
        rights and fulfill the responsibilities which this 
        Convention attributes to States Parties
          iii. When becoming party to this Convention, such an 
        organization shall communicate to the Depositary 
        referred to in Article 34, a declaration indicating 
        which States are members thereof, which articles of 
        this Convention apply to it, and the extent of its 
        competence in the field covered by those articles.
          iv. Such an organization shall not hold any vote 
        additional to those of its Member States.
    5. Instruments of ratification, acceptance, approval or 
accession shall be deposited with the Depositary.

                      article 31. entry into force

    1. This Convention shall enter into force on the ninetieth 
day after the date of deposit with the Depositary of the 
twenty-second instrument of ratification, acceptance or 
approval, including the instruments of seventeen States, each 
having at least one nuclear installation which has achieved 
criticality in a reactor core.
    2. For each State or regional organization of an 
integration of other nature which ratifies, accepts, approves 
or accedes to this Convention after the date of deposit of the 
last instrument required to satisfy the conditions set forth in 
paragraph 1, this Convention shall enter into force on the 
ninetieth day after the date of deposit with the Depositary of 
the appropriate instrument by such a State or organization.

                article 32. amendments to the convention

    1. Any Contracting party may propose an amendment to this 
Convention. Proposed amendments shall be considered at a review 
meeting or an extraordinary meeting.
    2. The text of any proposed amendment and the reasons for 
it shall be provided to the Depositary who shall communicate 
the proposal to the Contracting Parties promptly and at least 
ninety days before the meeting for which it is submitted for 
consideration. Any comments received on such a proposal shall 
be circulated by the Depositary to the Contracting Parties.
    3. The Contracting Parties shall decide after consideration 
of the proposed amendment whether to adopt it by consensus, or, 
in the absence of consensus, to submit it to a Diplomatic 
Conference. A decision to submit a proposed amendment to a 
Diplomatic Conference shall require a two-thirds majority vote 
of the Contracting parties present and voting at the meeting, 
provided that at least one half of the Contracting Parties are 
present at the time of voting. Abstentions shall be considered 
as voting.
    4. The Diplomatic Conference to consider and adopt 
amendments to this Convention shall be convened by the 
Depositary and held no later than one year after the 
appropriate decision taken in accordance with paragraph 3 of 
this Article. The Diplomatic Conference shall make every effort 
to ensure amendments are adopted by consensus. Should this not 
be possible, amendments shall be adopted with a two-thirds 
majority of all Contracting Parties.
    5. Amendments to this Convention adopted pursuant to 
paragraphs 3 and 4 above shall be subject to ratification, 
acceptance, approval, or confirmation by the Contracting 
Parties and shall enter into force for those Contracting 
Parties which have ratified, accepted, approved or confirmed 
them on the ninetieth day after the receipt by the Depositary 
of the relevant instruments by at least three fourths of the 
Contracting Parties. For a Contracting Party which subsequently 
ratifies, accepts, approves or confirms the said amendments, 
the amendments will enter into force on the ninetieth day after 
that Contracting Party has deposited its relevant instrument.

                        article 33. denunciation

    1. Any Contracting Party may denounce this Convention by 
written notification to the Depositary.
    2. Denunciation shall take effect one year following the 
date of the receipt of the notification by the Depositary, or 
on such later date as may be specified in the notification.

                         article 34. depository

    1. The Director General of the Agency shall be the 
Depositary of this Convention.
    2. The Depositary shall inform the Contracting Parties of:
          1. the signature of this Convention and of the 
        deposit of instruments of ratification, acceptance, 
        approval or accession, in accordance with Article 30;
          2. the date on which the Convention enters into 
        force, in accordance with Article 31;
          3. the notifications of denunciation of the 
        Convention and the date thereof, made in accordance 
        with Article 33;
          4. the proposed amendments to this Convention 
        submitted by Contracting Parties, the amendments 
        adopted by the relevant Diplomatic Conference or by the 
        meeting of the Contracting Parties, and the date of 
        entry into force of the said amendments, in accordance 
        with Article 32.

                      article 35. authentic texts

    The original of this Convention of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Depositary, who shall 
send certified copies thereof to the Contracting Parties.
            2. Agreement on an International Energy Program

  Done at Paris, November 18, 1974; Entered into force provisionally, 
  November 18, 1974; Amendment approved by the Governing Board of the 
International Emergency Agency at Paris, February 5, 1975; Entered into 
    force for the United States, March 21, 1975; Entered into force 
                     definitively, January 19, 1976

            Agreement on an International Energy Program \1\

    The Governments of the Republic of Austria, the Kingdom of 
Belgium, Canada, the Kingdom of Denmark, the Federal Republic 
of Germany, Ireland, the Italian Republic, Japan, the Grand 
Duchy of Luxembourg, the Kingdom of the Netherlands, Spain, the 
Kingdom of Sweden, the Swiss Confederation, the Republic of 
Turkey, the United Kingdom of Great Britain and Northern 
Ireland, and the United States of America,
---------------------------------------------------------------------------
    \1\ 27 UST 1685; TIAS 8278. Entered into force for the United 
States January 19, 1976. For a list of states that are parties to the 
Agreement, see Department of State publication, Treaties in Force.

    Desiring to promote secure oil supplies on reasonable and 
---------------------------------------------------------------------------
equitable terms,

    Determined to take common effective measures to meet oil 
supply emergencies by developing an emergency self-sufficiency 
in oil supplies, restraining demand and allocating available 
oil among their countries on an equitable basis,

    Desiring to promote cooperative relations with oil 
producing countries and with other oil consuming countries, 
including those of the developing world, through a purposeful 
dialogue, as well as through other forms of cooperation, to 
further the opportunities for a better understanding between 
consumer and producer countries.

    Mindful of the interests of other oil consuming countries 
including those of the developing world,

    Desiring to play a more active role in relation to the oil 
industry by establishing a comprehensive international 
information system and a permanent framework for consultation 
with oil companies,

    Determined to reduce their dependence on imported oil by 
undertaking long term cooperative efforts on conservation of 
energy, on accelerated development of alternative sources of 
energy, on research and development in the energy field and on 
uranium enrichment,

    Convinced that those objectives can only be reached through 
continued cooperative efforts within effective organs,

    Expressing the intention that such organs be created within 
the framework of the Organization for Economic Co-operation and 
Development,

    Recognizing that other member countries of the Organization 
for Economic Co-operation and Development may desire to join in 
their efforts,

    Considering the special responsibility of governments for 
energy supply,

    Conclude that it is necessary to establish an International 
Energy Program to be implemented through an International 
Energy Agency, and to that end,

    Have agreed as follows:

                               article 1

    1. The Participating Countries shall implement the 
International Energy Program as provided for in this Agreement 
through the International Energy Agency, described in Chapter 
IX, hereinafter referred to as the ``Agency.''
    2. The term ``Participating Countries'' means States to 
which this Agreement applies provisionally and States for which 
the Agreement has entered into and remains in force.
    3. The term ``group'' means the Participating Countries as 
a group:

                 Chapter I--Emergency Self-Sufficiency

                               article 2

    1. The Participating Countries shall establish a common 
emergency self-sufficiency in oil supplies. To this end, each 
Participating Country shall maintain emergency reserves 
sufficient to sustain consumption for at least 60 days with no 
net oil imports. Both consumption and net oil imports shall be 
reckoned at the average daily level of the previous calendar 
year.
    2. The Governing Board shall, acting by special majority 
not later than July 1st, 1975, decide the date from which the 
emergency reserve commitment of each Participating Country 
shall, for the purpose of calculating its supply right referred 
to in Article 7, be deemed to be raised to a level of 90 days. 
Each Participating Country shall increase its actual level or 
emergency reserves to 90 days and shall endeavour to do so by 
the date so decided.
    3. The term ``emergency reserve commitment'' means the 
emergency reserves equivalent to 60 days of net oil imports as 
set out in paragraph 1 and, from the date to be decided 
according to paragraph 2, to 90 days of net oil imports as set 
out in paragraph 2.

                               article 3

    1. The emergency reserve commitment set out in Article 2 
may be satisfied by
          Oil stocks.
          Fuel switching capacity.
          Stand-by oil production.
    In accordance with the provisions of the Annex which forms 
an integral part of this Agreement.
    2. The Governing Board shall, acting by majority, not later 
than July 1st, 1975, decide the extent to which the emergency 
reserve commitment may be satisfied by the elements mentioned 
in paragraph 1.

                               article 4

    1. The Standing Group on Emergency Questions shall, on a 
continuing basis, review the effectiveness of the measures 
taken by each Participating Country to meet its emergency 
reserve commitment.
    2. The Standing Group on Emergency Questions shall report 
to the Management Committee, which shall make proposals, as 
appropriate, to the Governing Board. The Governing Board may, 
acting by majority, adopt recommendations to Participating 
Countries.

                      Chapter II--Demand Restraint

                               article 5

    1. Each Participating Country shall at all times have ready 
a program of contingent oil demand restraint measures enabling 
it to reduce its rate of final consumption in accordance with 
Chapter IV.
    2. The Standing Group on Emergency Questions shall, on a 
continuing basis, review and assess:
          Each Participating Country's program of demand 
        restraint measures.
          The effectiveness of measures actually taken by each 
        Participating Country.
    3. The Standing Group on Emergency Questions shall report 
to the Management Committee, which shall make proposals, as 
appropriate, to the Governing Board. The Governing Board may, 
acting by majority, adopt recommendations to Participating 
Countries.

                        Chapter III--Allocation

                               article 6

    1. Each Participating Country shall take the necessary 
measures in order that allocation of oil will be carried out 
pursuant to this Chapter and Chapter IV.
    2. The Standing Group on Emergency Questions shall, on a 
continuing basis, review and assess:
          Each Participating Country's measures in order that 
        allocation of oil will be carried out pursuant to this 
        chapter and Chapter IV.
          The effectiveness of measures actually taken by each 
        Participating Country.
    3. The Standing Group on Emergency Questions shall report 
to the Management Committee, which shall make proposals, as 
appropriate, to the Governing Board. The Governing Board may, 
acting by majority, adopt recommendations to Participating 
Countries.
    4. The Governing Board shall, acting by majority, decide 
promptly on the practical procedures for the allocation of oil 
and on the procedures and modalities for the participation of 
oil companies therein within the framework of this Agreement.

                               article 7

    1. When allocation of oil is carried out pursuant to 
Article 13, 14, or 15, each Participating Country shall have a 
supply right equal to its permissible consumption less its 
emergency reserve drawdown obligation.
    2. A Participating Country whose supply right exceeds the 
sum of its normal domestic production and actual net imports 
available during an emergency shall have an allocation right 
which entitles it to additional net imports equal to that 
excess.
    3. A Participating Country in which the sum of normal 
domestic production and actual net imports available during an 
emergency exceeds its supply right shall have an allocation 
obligation which requires it to supply, directly or indirectly, 
the quantity of oil equal to that excess to other Participating 
Countries. This would not preclude any Participating Country 
from maintaining exports of oil to non-participating countries.
    4. The term ``permissible consumption'' means the average 
daily rate of final consumption allowed when emergency demand 
restraint at the applicable level has been activated; possible 
further voluntary demand restraint by any Participating Country 
shall not affect its allocation right or obligation.
    5. The term ``emergency reserve drawdown obligation'' means 
the emergency reserve commitment of any Participating Country 
divided by the total emergency reserve commitment of the group 
and multiplied by the group supply shortfall.
    6. The term ``group supply shortfall'' means the shortfall 
for the group as measured by the aggregate permissible 
consumption for the group minus the daily rate of oil supplies 
available to the group during an emergency.
    7. The term ``oil supplies available to the group'' means:
          All crude oil available to the group.
          All petroleum products imported from outside the 
        group, and all finished products and refinery 
        feedstocks which are produced in association with 
        natural gas and oil and are available to the group.
    8. The term ``final consumption'' means total domestic 
consumption of all finished petroleum products.

                               article 8

    1. When allocation of oil to a Participating Country is 
carried out pursuant to Article 17, that Participating Country 
shall:
          Sustain from its final consumption the reduction in 
        its oil supplies up to a level equal to 7 per cent of 
        its final consumption during the base period.
          Have an allocation right equal to the reduction in 
        its oil supplies which results in a reduction of its 
        final consumption over and above that level.
    2. The obligation to allocate this amount of oil is shared 
among the other Participating Countries on the basis of their 
final consumption during the base period.
    3. The Participating Countries may meet their allocation 
obligations by any measures of their own choosing, including 
demand restraint measures or use of emergency reserves.

                               article 9

    1. For purposes of satisfying allocation rights and 
allocation obligations, the following elements will be 
included:
          All crude oil,
          All petroleum products,
          All refinery feedstocks, and
          All finished products produced in association with 
        natural gas and crude oil.
    2. To calculate a Participating Country's allocation right, 
petroleum products normally imported by that Participating 
Country, whether from other Participating Countries or from 
non-participating countries, shall be expressed in crude oil 
equivalent and treated as though they were imports of crude oil 
to that Participating Country.
    3. Insofar as possible, normal channels of supply will be 
maintained as well as the normal supply proportions between 
crude oil and products and among different categories of crude 
oil and products.
    4. When allocation takes place, an objective of the Program 
shall be that available crude oil and products shall, insofar 
as possible, be shared within the refining and distributing 
industries as well as between refining and distributing 
companies in accordance with historical supply patterns.

                               article 10

    1. The objectives of the Program shall include ensuring 
fair treatment for all Participating Countries and basing the 
price for allocated oil on the price conditions prevailing for 
comparable commercial transactions.
    2. Questions relating to the price of oil allocated during 
an emergency shall be examined by the Standing Group on 
Emergency Questions

                               article 11

    1. It is not an objective of the Program to seek to 
increase, in an emergency, the share of world oil supply that 
the group had under normal market conditions. Historical oil 
trade patterns should be preserved as far as is reasonable, and 
due account should be taken of the position of individual non-
participating countries.
    2. In order to maintain the principles set out in paragraph 
1, the Management Committee shall make proposals, as 
appropriate, to the Governing Board, which, acting by majority, 
shall decide on such proposals.

                         Chapter IV--Activation

                               Activation

                               article 12

    Whenever the group as a whole or any Participating Country 
sustains or can reasonably be expected to sustain a reduction 
in its oil supplies, the emergency measures, which are the 
mandatory demand restraint referred to in Chapter II and the 
allocation of available oil referred to in Chapter III, shall 
be activated in accordance with this Chapter.

                               article 13

    Whenever the group sustains or can reasonably be expected 
to sustain a reduction in the daily rate of its oil supplies at 
least equal to 7 per cent of the average daily rate of its 
final consumption during the base period, each Participating 
Country shall implement demand restraint measures sufficient to 
reduce its final consumption by an amount equal to 7 percent of 
its final consumption during the base period, and allocation of 
available oil among the Participating Countries shall take 
place in accordance with Articles 7, 9, 10 and 11.

                               article 14

    Whenever the group sustains or can reasonably be expected 
to sustain a reduction in the daily rate of its oil supplies at 
least equal to 12 per cent of the average daily rate of its 
final consumption during the base period, each Participating 
Country shall implement demand restraint measures sufficient to 
reduce its final consumption by an amount equal to 10 per cent 
of its final consumption during the base period, and allocation 
of available oil among the Participating Countries shall take 
place in accordance with Articles 7, 9, 10 and 11.

                               article 15

    When cumulative daily emergency reserve drawdown 
obligations as defined in Article 7 have reached 50 per cent of 
emergency reserve commitments and a decision has been taken in 
accordance with Article 20, each Participating Country shall 
take the measures so decided, and allocation of available oil 
among the Participating Countries shall take place in 
accordance with Articles 7, 9, 10 and 11.

                               article 16

    When demand restraint is activated in accordance with this 
Chapter, a Participating Country may substitute for demand 
restraint measures use of emergency reserves held in excess of 
its emergency reserve commitment as provided in the Program.

                               article 17

    1. Whenever any Participating Country sustains or can 
reasonably be expected to sustain a reduction in the daily rate 
of its oil supplies which results in a reduction of the daily 
rate of its final consumption by an amount exceeding 7 per cent 
of the average daily rate of its final consumption during the 
base period, allocation of available oil to that Participating 
Country shall take place in accordance with Articles 8 to 11.
    2. Allocation of available oil shall also take place when 
the conditions in paragraph 1 are fulfilled in a major region 
of a Participating Country whose oil market is incompletely 
integrated. In this case, the allocation obligation of other 
Participating Countries shall be reduced by the theoretical 
allocation obligation of any other major region or regions of 
the Participating Country concerned.

                               article 18

    1. The term ``base period'' means the most recent four 
quarters with a delay of one quarter necessary to collect 
information. While emergency measures are applied with regard 
to the group or to a Participating Country, the base period 
shall remain fixed.
    2. The Standing Group on Emergency Questions shall examine 
the base period set out in paragraph 1, taking into account in 
particular such factors as growth, seasonal variations in 
consumption and cyclical changes and shall, not later than 
April 1st, 1975, report to the Management Committee. The 
Management Committee shall make proposals, as appropriate, to 
the Governing Board, which, acting by majority, shall decide on 
these proposals not later than January 1, 1975.

                               article 19

    1. The Secretariat shall make a finding when a reduction of 
oil supplies as mentioned in Article 13, 14 or 17 has occurred 
or can reasonably be expected to occur, and shall establish the 
amount of the reduction or expected reduction for each 
Participating Country and for the group. The Secretariat shall 
keep the Management Committee informed of its deliberations, 
and shall immediately report its finding to the members of the 
Committee and inform the Participating Countries thereof. The 
report shall include information on the nature of the 
reduction.
    2. Within 48 hours of the Secretariat's reporting a 
finding, the Committee shall meet to review the accuracy of the 
data compiled and the information provided. The Committee shall 
report to the Governing Board within a further 48 hours. The 
report shall set out the views expressed by the members of the 
Committee, including any views regarding the handling of the 
emergency.
    3. Within 48 hours of receiving the Management Committee's 
report, the Governing Board shall meet to review the finding of 
the Secretariat in the light of that report. The activation of 
emergency measures shall be considered confirmed and 
Participating Countries shall implement such measures within 15 
days of such confirmation unless the Governing Board, acting by 
special majority, decides within a further 48 hours to activate 
the emergency measures, to activate them only in part or to fix 
another time limit for their implementation.
    4. If, according to the finding of the Secretariat, the 
conditions of more than one of the Articles 14, 13 and 17 are 
fulfilled, any decision not to activate emergency measures 
shall be taken separately for each Article and in the above 
order. If the conditions in Article 17 are fulfilled with 
regard to more than one Participating Country any decision not 
to activate allocation shall be taken separately with respect 
to each Country.
    5. Decisions pursuant to paragraphs 3 and 4 may at any time 
be reversed by the Governing Board, acting by majority.
    6. In making its finding under this Article, the 
Secretariat shall consult with oil companies to obtain their 
views regarding the situation and the appropriateness of the 
measures to be taken.
    7. An international advisory board from the oil industry 
shall be convened, not later than the activation of emergency 
measures, to assist the Agency in ensuring the effective 
operation of such measures.

                               article 20

    1. The Secretariat shall make a finding when cumulative 
daily emergency reserve drawdown obligations have reached or 
can reasonably be expected to reach 50 percent of emergency 
reserve commitments. The Secretariat shall immediately report 
its finding to the members of the Management Committee and 
inform the Participating Countries thereof. The report shall 
include information on the oil situation.
    2. Within 72 hours of the Secretariat's reporting such a 
finding, the Management Committee shall meet to review the data 
compiled and the information provided. On the basis of 
available information the Committee shall report to the 
Governing Board within a further 48 hours proposing measures 
required for meeting the necessities of the situation, 
including the increase in the level of mandatory demand 
restraint that may be necessary. The report shall set out the 
views expressed by the members of the Committee.
    3. The Governing Board shall meet within 48 hours of 
receiving the Committee's report and proposal. The Governing 
Board shall review the finding of the Secretariat and the 
report of the Management Committee and shall within a further 
48 hours, acting by special majority, decide on the measures 
required for meeting the necessities of the situation, 
including the increase in the level of mandatory demand 
restraint that may be necessary.

                               article 21

    1. Any Participating Country may request the Secretariat to 
make a finding under Article 19 or 20.
    2. If, within 72 hours of such request, the Secretariat 
does not make such a finding, the Participating Country may 
request the Management Committee to meet and consider the 
situation in accordance with the provisions of this Agreement.
    3. The Management Committee shall meet within 48 hours of 
such request in order to consider the situation. It shall, at 
the request of any Participating Country, report to the 
Governing Board within a further 48 hours. The report shall set 
out the views expressed by the members of the Committee and by 
the Secretariat, including any views regarding the handling of 
the situation.
    4. The Governing Board shall meet within 48 hours of 
receiving the Management Committee's report. If it finds, 
acting by majority, that the conditions set out in Article 13, 
14, 15 or 17 are fulfilled, emergency measures shall be 
activated accordingly.

                               article 22

    The Governing Board may at any time decide by unanimity to 
activate any appropriate emergency measures not provided for in 
this Agreement, if the situation so requires.

                              Deactivation

                               article 23

    1. The Secretariat shall make a finding when a reduction of 
supplies as mentioned in Article 13, 14 or 17 has decreased or 
can reasonably be expected to decrease below the level referred 
to in the relevant Article. The Secretariat shall keep the 
Management Committee informed of its deliberations and shall 
immediately report its finding to the members of the Committee 
and inform the Participating Countries thereof.
    2. Within 72 hours of the Secretariat's reporting a 
finding, the Management Committee shall meet to review the data 
compiled and the information provided. It shall report to the 
Governing Board within a further 48 hours. The report shall set 
out the views expressed by the members of the Committee, 
including any views regarding the handling of the emergency.
    3. Within 48 hours of receiving the Committee's report, the 
Governing Board shall meet to review the finding of the 
Secretariat in the light of the report from the Management 
Committee. The deactivation of emergency measures or the 
applicable reduction of the demand restraint level shall be 
considered confirmed unless the Governing Board, acting by 
special majority, decides within a further 48 hours to maintain 
the emergency measures or to deactivate them only in part.
    4. In making its findings under this Article, the 
Secretariat shall consult with the international advisory 
board, mentioned in Article 19, paragraph 7, to obtain its 
views regarding the situation and the appropriateness of the 
measures to be taken.
    5. Any Participating Country may request the Secretariat to 
make a finding under this Article.

                               article 24

    When emergency measures are in force, and the Secretariat 
has not made a finding under Article 23, the Governing Board, 
acting by special majority, may at any time decide to 
deactivate the measures either wholly or in part.

     Chapter V--Information System on the International Oil Market

                               article 25

    1. The Participating Countries shall establish an 
Information System consisting of two sections:
          --a General Section on the situation in the 
        international oil market and activities of oil 
        companies,
          --a Special Section designed to ensure the efficient 
        operation of the measures described in Chapters I to 
        IV.
    2. The System shall be operated on a permanent basis, both 
under normal conditions and during emergencies, and in a manner 
which ensures the confidentiality of the information made 
available.
    3. The Secretariat shall be responsible for the operation 
of the Information System and shall make the information 
compiled available to the Participating Countries.

                               article 26

    The term ``oil companies'' means international companies, 
national companies, non-integrated companies and other entities 
which play a significant role in the international oil 
industry.

                            General Section

                               article 27

    1. Under the General Section of the Information System, the 
Participating Countries shall, on a regular basis, make 
available to the Secretariat information on the precise data 
identified in accordance with Article 29 on the following 
subjects relating to oil companies operating within their 
respective jurisdictions:
          (a) Corporate structure;
          (b) Financial structure, including balance sheets, 
        profit and loss accounts, and taxes paid;
          (c) Capital investments realized;
          (d) Terms of arrangements for access to major sources 
        of crude oil;
          (e) Current rates of production and anticipated 
        changes therein;
          (f) Allocations of available crude supplies to 
        affiliates and other customers (criteria and 
        realizations);
          (g) Stocks;
          (h) Cost of crude oil and oil products;
          (i) Prices, including transfer prices to affiliates;
          (j) Other subjects, as decided by the Governing 
        Board, acting by unanimity.
    2. Each Participating Country shall take appropriate 
measures to ensure that all oil companies operating within its 
jurisdiction make such information available to it as is 
necessary to fulfill its obligations under paragraph 1, taking 
into account such relevant information as is already available 
to the public or to Governments.
    3. Each Participating Country shall provide information on 
a nonproprietary basis and on a company and/or country basis as 
appropriate, and in such manner and degree as will not 
prejudice competition or conflict with the legal requirements 
of any Participating Country relating to competition.
    4. No Participating Country shall be entitled to obtain, 
through the General Section, any information on the activities 
of a company operating within its jurisdiction which could not 
be obtained by it from that company by application of its laws 
or through its institutions and customs if that company were 
operating solely within its jurisdiction.

                               article 28

    Information provided on a ``non-proprietary basis'' means 
information which does not constitute or relate to patents, 
trademarks, scientific or manufacturing processes or 
developments, individual sales, tax returns, customer lists or 
geological and geophysical information, including maps.

                               article 29

    1. Within 60 days of the first day of the provisional 
application of this Agreement, and as appropriate thereafter, 
the Standing Group on the Oil Market shall submit a report to 
the Management Committee identifying the precise data within 
the list of subjects in Article 27, paragraph 1, which are 
required for the efficient operation of the General Section, 
and specifying the procedures for obtaining such data on a 
regular basis.
    2. The Management Committee shall review the report and 
make proposals to the Governing Board which, within 30 days of 
the submission of the report to the Management Committee, and 
acting by majority, shall take the decisions necessary for the 
establishment and efficient operation of the General Section.

                               article 30

    In preparing its reports under Article 29, the Standing 
Group on the Oil Market shall
          Consult with oil companies to ensure that the System 
        is compatible with industry operations;
          Identify specific problems and issues which are of 
        concern to Participating Countries;
          Identify specific data which are useful and necessary 
        to resolve such problems and issues;
          Work out precise standards for the harmonization of 
        the required information in order to ensure 
        comparability of the data;
          Work out procedures to ensure the confidentiality of 
        the information.

                               article 31

    1. The Standing Group on the Oil Market shall on a 
continuing basis review the operation of the General Section.
    2. In the event of changes in the conditions of the 
international oil market, the Standing Group on the Oil Market 
shall report to the Management Committee. The Committee shall 
make proposals on appropriate changes to the Governing Board 
which, acting by majority, shall decide on such proposals.

                            Special Section

                               article 32

    1. Under the Special Section of the Information System, the 
Participating Countries shall make available to the Secretariat 
all information which is necessary to ensure the efficient 
operation of emergency measures.
    2. Each Participating Country shall take appropriate 
measures to ensure that all oil companies operating within its 
jurisdiction make such information available to it as is 
necessary to enable it to fulfill its obligations under 
paragraph 1 and under Article 33.
    3. The Secretariat shall, on the basis of this information 
and other information available, continuously survey the supply 
of oil to and the consumption of oil within the group and each 
Participating Country.

                               article 33

    Under the Special Section, the Participating Countries 
shall, on a regular basis, make available to the Secretariat 
information on the precise data identified in accordance with 
Article 34 on the following subjects.
          (a) Oil consumption and supply;
          (b) Demand restraint measures;
          (c) Levels of emergency Reserves;
          (d) Availability and utilization of transportation 
        facilities;
          (e) Current and projected levels of international 
        supply and demand;
          (f) Other subjects, as decided by the Governing 
        Board, acting by unanimity.

                               article 34

    1. Within 30 days of the first day of the provisional 
application of this Agreement, the Standing Group on Emergency 
Questions shall submit a report to the Management Committee 
identifying the precise data within the list of subjects in 
Article 33 which are required under the Special Section to 
ensure the efficient operation of emergency measures and 
specifying the procedures for obtaining such data on a regular 
basis, including accelerated procedures in times of emergency.
    2. The Management Committee shall review the report and 
make proposals to the Governing Board which, within 30 days of 
the submission of the report to the Management Committee, and 
acting by majority, shall take the decisions necessary for the 
establishment and efficient operation of the Special Section.

                               article 35

    In preparing its report under Article 34, the Standing 
Group on Emergency Questions shall
          Consult with oil companies to ensure that the System 
        is compatible with industry operations;
          Work out precise standards for the harmonization of 
        the required information in order to ensure 
        comparability of the data;
          Work out procedures to ensure the confidentiality of 
        the information.

                               article 36

    The Standing Group on Emergency Questions shall on a 
continuing basis review the operation of the Special Section 
and shall, as appropriate, report to the Management Committee. 
The Committee shall make proposals on appropriate changes to 
the Governing Board, which, acting by majority, shall decide on 
such proposals.

       Chapter VI--Framework for Consultation with Oil Companies

                               article 37

    1. The Participating Countries shall establish within the 
Agency a permanent framework for consultation within which one 
or more Participating Countries may, in an appropriate manner, 
consult with and request information from individual oil 
companies on all important aspects of the oil industry, and 
within which the Participating Countries may share among 
themselves on a cooperative basis the results of such 
consultations.
    2. The framework for consultation shall be established 
under the auspices of the Standing Group on the Oil Market.
    3. Within 60 days of the first day of the provisional 
application of this Agreement, and as appropriate thereafter, 
the Standing Group on the Oil Market, after consultation with 
oil companies, shall submit a report to the Management 
Committee on the procedures for such consultations. The 
Management Committee shall review the report and make proposals 
to the Governing Board, which, within 30 days of the submission 
of the report to the Management Committee, and acting by 
majority, shall decide on such procedures.

                               article 38

    1. The Standing Group on the Oil Market shall present a 
report to the Management Committee on consultations held with 
any oil company within 30 days thereof.
    2. The Management Committee shall consider the report and 
may make proposals on appropriate cooperative action to the 
Governing Board, which shall decide on such proposals.

                               article 39

    1. The Standing Group on the Oil Market shall, on a 
continuing basis, evaluate the results of the consultations 
with and the information collected from oil companies.
    2. On the basis of these evaluations, the Standing Group 
may examine and assess the international oil situation and the 
position of the oil industry and shall report to the Management 
Committee.
    3. The Management Committee shall review such reports and 
make proposals on appropriate cooperative action to the 
Governing Board, which shall decide on such proposals.

                               article 40

    The Standing Group on the Oil Market shall submit annually 
a general report to the Management Committee on the functioning 
of the framework for consultation with oil companies.

              Chapter VII--Long Term Cooperation on Energy

                               article 41

    1. The Participating Countries are determined to reduce 
over the longer term their dependence on imported oil for 
meeting their total energy requirements.
    2. To this end, the Participating Countries will undertake 
national programs and promote the adoption of cooperative 
programs, including, as appropriate, the sharing of means and 
efforts, while concerting national policies, in the areas set 
out in Article 42.

                               article 42

    1. The Standing Group on Long Term Cooperation shall 
examine and report to the Management Committee on cooperative 
action. The following areas shall in particular be considered:
          (a) Conservation of energy, including cooperative 
        programs on
                  Exchange of national experiences and 
                information on energy conservation;
                  Ways and means for reducing the growth of 
                energy consumption through conservation.
          (b) Development of alternative sources of energy such 
        as domestic oil, coal, natural gas, nuclear energy and 
        hydroelectric power, including cooperative programs on
                  Exchange of information on such matters as 
                resources, supply and demand, price and 
                taxation;
                  Ways and means for reducing the growth of 
                consumption of imported oil through the 
                development of alternative sources of energy;
                  Concrete projects, including jointly financed 
                projects;
                  Criteria, quality objectives and standards 
                for environmental protection.
          (c) Energy research and development, including as a 
        matter of priority cooperative programs on
                  Coal technology;
                  Solar energy;
                  Radioactive waste management;
                  Controlled thermonuclear fusion;
                  Production of hydrogen from water;
                  Nuclear safety;
                  Waste heat utilization;
                  Conservation of energy;
                  Municipal and industrial waste utilization 
                for energy conservation;
                  Overall energy system analysis and general 
                studies.
          (d) ``Uranium enrichment, including cooperative 
        programs''
                  To monitor developments of natural and 
                enriched uranium supply;
                  To facilitate development of natural uranium 
                resources and enrichment services;
                  To encourage such consultations as may be 
                required to deal with international issues that 
                may arise in relation to the expansion of 
                enriched uranium supply;
                  To arrange for the requisite collection, 
                analysis and dissemination data related to the 
                planning of enrichment services.
    2. In examining the areas of cooperative action, the 
Standing Group shall take due account of ongoing activities 
elsewhere.
    3. Program developed under paragraph 1 may be jointly 
financed. Such joint financing may take place in accordance 
with Article 64, paragraph 2.

                               article 43

    1. The Management Committee shall review the reports of the 
Standing Group and make appropriate proposals to the Governing 
Board, which shall decide on these proposals not later than 
July 1st, 1975.
    2. The Governing Board shall take into account 
possibilities for cooperation within a broader framework.

Chapter VIII--Relations with Producer Countries and with Other Consumer 
                               Countries

                               article 44

    The Participating Countries will endeavour to promote 
cooperative relations with oil producing countries and with 
other oil consuming countries, including developing countries. 
They will keep under review developments in the energy field 
with a view to identifying opportunities for, and promoting a 
purposeful dialogue, as well as other forms of cooperation, 
with producer countries and with other consumer countries.

                               article 45

    To achieve the objectives set out in Article 44, the 
Participating Countries will give full consideration to the 
needs and interests of other oil consuming countries, 
particularly those of the developing countries.

                               article 46

    The Participating Countries will, in the context of the 
Program, exchange views on their relations with oil producing 
countries. To this end, the Participating Countries should 
inform each other of cooperative action on their part with 
producer countries which is relevant to the objectives of the 
Program.

                               article 47

    The Participating Countries will, in the context of the 
Program
          Seek, in the light of their continuous review of 
        developments in the international energy situation and 
        its effect on the world economy, opportunities and 
        means of encouraging stable international trade in oil 
        and of promoting secure oil supplies on reasonable and 
        equitable terms for each Participating Country;
          Consider, in the light of work going on in other 
        international organisations, other possible fields of 
        cooperation including the prospects for cooperation in 
        accelerated industrialisation and socio-economic 
        development in the principal producing areas and the 
        implications of this for international trade and 
        investment;
          Keep under review the prospects for cooperation with 
        oil producing countries on energy questions of mutual 
        interest, such as conservation of energy, the 
        development of alternative sources, and research and 
        development.

                               article 48

    1. The Standing Group on Relations with Producer and other 
Consumer Countries will examine and report to the Management 
Committee on the matters described in this Chapter.
    2. The Management Committee may make proposals on 
appropriate cooperative action regarding these matters to the 
Governing Board, which shall decide on such proposals.

            Chapter IX--Institutional and General Provisions

                               article 49

    1. The Agency shall have the following organs:
          A Governing Board;
          A Management Committee;
          Standing Groups on
                  Emergency Questions
                  The Oil Market
                  Long Term Cooperation
                  Relations with Producer and Other Consumer 
                Countries
    2. The Governing Board or the Management Committee may, 
acting by majority, establish any other organ necessary for the 
implementation of the Program.
    3. The Agency shall have a Secretariat to assist the organs 
mentioned in paragraphs 1 and 2.

                            Governing Board

                               article 50

    1. The Governing Board shall be composed of one or more 
ministers or their delegates from each Participating Country.
    2. The Governing Board, acting by majority, shall adopt its 
own rules of procedure. Unless otherwise decided in the rules 
procedure, these rules shall also apply to the Management 
Committee and the Standing Groups.
    3. The Governing Board, acting by majority, shall elect its 
Chairman and Vice Chairmen.

                               article 51

    1. The Governing Board shall adopt decisions and make 
recommendations which are necessary for the proper functioning 
of the Program.
    2. The Governing Board shall review periodically and take 
appropriate action concerning developments in the international 
energy situation, including problems relating to the oil 
supplies of any Participating Country or Countries, and the 
economic and monetary implications of these developments. In 
its activities concerning the economic and monetary 
implications of developments in the international energy 
situation, the Governing Board shall take into account the 
competence and activities of international institutions 
responsible for overall economic and monetary questions.
    3. The Governing Board, acting by majority, may delegate 
any of its functions to any other organ of the Agency.

                               article 52

    1. Subject to Article 61, paragraph 2, and Article 65, 
decisions adopted pursuant to this Agreement by the Governing 
Board or by any other organ by delegation from the Board shall 
be binding on the Participating Countries.
    2. Recommendations shall not be binding.

                          Management Committee

                               article 53

    1. The Management Committee shall be composed of one or 
more senior representatives of the Government of each 
Participating Country.
    2. The Management Committee shall carry out the functions 
assigned to it in this Agreement and any other function 
delegated to it by the Governing Board.
    3. The Management Committee may examine and make proposals 
to the Governing Board, as appropriate, on any matter within 
the scope of this Agreement.
    4. The Management Committee shall be convened upon the 
request of any Participating Country.
    5. The Management Committee, acting by majority, shall 
elect its Chairman and Vice-Chairmen.

                            Standing Groups

                               article 54

    1. Each Standing Group shall be composed of one or more 
representatives of the Government of each Participating 
Country.
    2. The Management Committee, acting by majority, shall 
elect the Chairmen and Vice-Chairmen of the Standing Groups.

                               article 55

    1. The Standing Group on Emergency Questions shall carry 
out the functions assigned to it in Chapters I to V and the 
Annex and any other function delegated to it by the Governing 
Board.
    2. The Standing Group may review and report to the 
Management Committee on any matter within the scope of Chapters 
I to V and the Annex.
    3. The Standing Group may consult with oil companies on any 
matter within its competence.

                               article 56

    1. The Standing Group on the Oil Market shall carry out the 
functions assigned to it in Chapters V and VI and any other 
function delegated to it by the Governing Board.
    2. The Standing Group may review and report to the 
Management Committee on any matter within the scope of Chapters 
V and VI.
    3. The Standing Group may consult with oil companies on any 
matter within its competence.

                               article 57

    1. The Standing Group on Long Term Cooperation shall carry 
out the functions assigned to it in Chapter VII and any other 
function delegated to it by the Governing Board.
    2. The Standing Group may review and report to the 
Management Committee on any matter within the scope of Chapter 
VII.

                               article 58

    1. The Standing Group on Relations with Producer and other 
Consumer Countries shall carry out the functions assigned to it 
in Chapter VIII and any other function delegated to it by the 
Governing Board.
    2. The Standing Group may review and report to the 
Management Committee on any matter within the scope of Chapter 
VIII.
    3. The Standing Group may consult with oil companies on any 
matter within its competence.

                              Secretariat

                               article 59

    1. The Secretariat shall be composed of an Executive 
Director and such staff as is necessary.
    2. The Executive Director shall be appointed by the 
Governing Board.
    3. In the performance of their duties under this Agreement 
the Executive Director and the staff shall be responsible to 
and report to the organs of the Agency.
    4. The Governing Board, acting by majority, shall make all 
decisions necessary for the establishment and the functioning 
of the Secretariat.

                               article 60

    The Secretariat shall carry out the functions assigned to 
it in this Agreement and any other function assigned to it by 
the Governing Board.

                                 Voting

                               article 61

    1. The Governing Board shall adopt decisions and 
recommendations for which no express voting provision is made 
in this Agreement, as follows:
          (a) by majority:
                  Decisions on the management of the Program, 
                including decisions applying provisions of this 
                Agreement which already impose specific 
                obligations on Participating Countries
                  Decisions on procedural questions
                  Recommendations
          (b) by unanimity:
                  All other decisions, including in particular 
                decisions which impose on Participating 
                Countries new obligations not already specified 
                in this Agreement.
    2. Decisions mentioned in paragraph 1(b) may provide:
          (a) that they shall not be binding on one or more 
        Participating Countries;
          (b) that they shall be binding only under certain 
        conditions.

                               article 62

    1. Unanimity shall require all of the votes of the 
Participating Countries present and voting. Countries 
abstaining shall be considered as not voting.
    2. When majority or special majority is required, the 
Participating Countries shall have the following voting 
weights: \2\
---------------------------------------------------------------------------
    \2\ As amended on February 5, 1975 by decision of the Governing 
Board with the accession of New Zealand to the Agreement (27 UST 1817).

 
------------------------------------------------------------------------
                                                      Oil
                                        General   consumption   Combined
                                         voting      voting      voting
                                        weights     weights     weights
------------------------------------------------------------------------
Austria..............................          3           1           1
Belgium..............................          3           2           4
Canada...............................          3           5           5
Denmark..............................          3           1           8
Germany..............................          3           8          14
Ireland..............................          3           0           3
Italy................................          3           6           9
Japan................................          3          15          18
Luxembourg...........................          3           0           3
The Netherlands......................          3           2           5
New Zealand..........................          3           0           3
Spain................................          3           2           5
Sweden...............................          3           2           5
Switzerland..........................          3           1           4
Turkey...............................          3           1           4
United Kingdom.......................          3           6           9
United States........................          3          48          51
                                      ----------------------------------
  Total..............................         51         100         151
------------------------------------------------------------------------

    3. Majority shall require 60 per cent of the total combined 
voting weights and 50 per cent of the general voting weights 
cast.
    4. Special majority shall require:
          (a) 60 per cent of the total combined voting weights 
        and 39 general voting weights for: \2\
                  The decision under Article 2, paragraph 2, 
                relating to the increase in the emergency 
                reserve commitment;
                  Decisions under Article 19, paragraph 3, not 
                to activate the emergency measures referred to 
                in Articles 13 and 14;
                  Decisions under Article 20, paragraph 3, on 
                the measures referred for meeting the 
                necessities of the situation;
                  Decisions under Article 23, paragraph 3, to 
                maintain the emergency measures referred to in 
                Articles 13 and 14;
                  Decisions under Article 24 to deactivate the 
                emergency measures referred to in Articles 13 
                and 14.
          (b) 45 general voting weights for: \2\
                  Decisions under Article 19, paragraph 3, not 
                to activate the emergency measures referred to 
                in Article 17;
                  Decisions under Article 23, paragraph 3, to 
                maintain the emergency measures referred to in 
                Article 17;
                  Decisions under Article 24 to deactivate the 
                emergency measures referred to in Article 17.
    5. The Governing Board, acting by unanimity, shall decide 
on the necessary increase, decrease, and redistribution of the 
voting weights referred to in paragraph 2, as well as on 
amendment of the voting requirements set out in paragraphs 3 
and 4 in the event that
          A Country accedes to this Agreement in accordance 
        with Article 71, or
          A Country withdraws from this Agreement in accordance 
        with Article 68, paragraph 2, or Article 69, paragraph 
        2.
    6. The Governing Board shall review annually the number and 
distribution of voting weights specified in paragraph 2, and, 
on the basis of such review, acting by unanimity, shall decide 
whether such voting weights should be increased or decreased, 
or redistributed, or both, because a change in any 
Participating Country's share in total oil consumption has 
occurred or for any other reason.
    7. Any change in paragraph 2, 3 or 4 shall be based on the 
concepts underlying those paragraphs and paragraph 6.

                     Relations with other entities

                               article 63

    In order to achieve the objectives of the Program, the 
Agency may establish appropriate relations with non-
participating countries, international organizations, whether 
governmental or non-governmental, other entities and 
individuals.

                         Financial arrangements

                               article 64

    1. The expenses of the Secretariat and all other common 
expenses shall be shared among all Participating Countries 
according to a scale of contributions elaborated according to 
the principles and rules set out in the Annex to the ``OECD 
Resolution of the Council on Determination of the Scale of 
Contributions by Member Countries to the Budget of the 
Organization of December 10th, 1963. After the first year of 
application of this Agreement, the Governing Board shall review 
this scale of contributions and, acting by unanimity'', shall 
decide upon any appropriate changes in accordance with Article 
73.
    2. Special expenses incurred in connection with special 
activities carried out pursuant to Article 65 shall be shared 
by the Participating Countries taking part in such special 
activities in such proportions as shall be determined by 
unanimous agreement between them.
    3. The Executive Director shall, in accordance with the 
financial regulations adopted by the Governing Board and not 
later than October 1st of each year, submit to the Governing 
Board a draft budget including personnel requirements. The 
Governing Board, acting by majority, shall adopt the budget.
    4. The Governing Board, acting by majority, shall take all 
other necessary decisions regarding the financial 
administration of the Agency.
    5. The financial year shall begin on January 1st and end on 
December 31st of each year. At the end of each financial year, 
revenues and expenditures shall be submitted to audit.

                           Special activities

                               article 65

    1. Any two or more Participating Countries may decide to 
carry out within the scope of this Agreement special 
activities, other than activities which are required to be 
carried out by all Participating Countries under Chapter I to 
V. Participating Countries which do not wish to take part in 
such special activities shall abstain from taking part in such 
decisions and shall not be bound by them. Participating 
Countries carrying out such activities shall keep the Governing 
Board informed thereof.
    2. For the implementation of such special activities, the 
Participating Countries concerned may agree upon voting 
procedures other than those provided for in Articles 61 and 62.

                    Implementation of the Agreement

                               article 66

    Each Participating Country shall take the necessary 
measures, including any necessary legislative measures, to 
implement this Agreement and decisions taken by the Governing 
Board.

                      Chapter X--Final Provisions

                               article 67

    1. Each Signatory State shall, not later than May 1st, 
1975, notify the Government of Belgium that, having complied 
with its constitutional procedures, it consents to be bound by 
this Agreement.
    2. On the tenth day following the day on which at least six 
States holding at least 60 per cent of the combined voting 
weights mentioned in Article 62 have deposited a notification 
of consent to be bound or an instrument of accession, this 
Agreement shall enter into force for such States.
    3. For each Signatory State which deposits its notification 
thereafter, this Agreement shall enter into force on the tenth 
day following the day of deposit.
    4. The Governing Board, acting by majority, may upon 
request from any Signatory State decide to extend, with respect 
to that State, the time limit for notification beyond May 1st, 
1975.

                               article 68

    1. Notwithstanding the provisions of Article 67, this 
Agreement shall be applied provisionally by all Signatory 
States, to the extent possible not inconsistent with their 
legislation, as from November 18, 1974 following the first 
meeting of the Governing Board.
    2. Provisional application of the Agreement shall continue 
until:
          The Agreement enters into force for the State 
        concerned in accordance with Article 67, or
          60 days after the Government of Belgium receives 
        notification that the State concerned will not consent 
        to be bound by the Agreement, or
          The time limit for notification of consent by the 
        State concerned referred to in Article 67 expires.

                               article 69

    1. This Agreement shall remain in force for a period of ten 
years from the date of its entry into force and shall continue 
in force thereafter unless and until the Governing Board, 
acting by majority, decides on its termination.
    2. Any Participating Country may terminate the application 
of this Agreement for its part upon twelve months' written 
notice to the Government of Belgium to that effect, given not 
less than three years after the first day of the provisional 
application of this Agreement.

                               article 70

    1. Any State may, at the time of signature, notification of 
consent to be bound in accordance with Article 67, accession or 
at any later date, declare by notification addressed to the 
Government of Belgium that this Agreement shall apply to all or 
any of the territories for whose international relations it is 
responsible, or to any territories within its frontiers for 
whose oil supplies it is legally responsible.
    2. Any declaration made pursuant to paragraph 1 may, in 
respect of any territory mentioned in such declaration, be 
withdrawn in accordance with the provisions of Article 69, 
paragraph 2.

                               article 71

    1. This Agreement shall be open for accession by any Member 
of the Organisation for Economic Co-operation and Development 
which is able and willing to meet the requirements of the 
Program. The Governing Board, acting by majority, shall decide 
on any request for accession.
    2. This Agreement shall enter into force for any State 
whose request for accession has been granted on the tenth day 
following the deposit of its instrument of accession with the 
Government of Belgium, or on the date of entry into force of 
the Agreement pursuant to Article 67, paragraph 2, whichever is 
the later.
    3. Until May 1st, 1975, accession may take place on a 
provisional basis under the conditions set out in Article 68.

                               article 72

    1. This Agreement shall be open for accession by the 
European Communities.
    2. This Agreement shall not in any way impede the further 
implementation of the treaties establishing the European 
Communities.

                               article 73

    This Agreement may at any time be amended by the Governing 
Board, acting by unanimity. Such amendment shall come into 
force in a manner determined by the Governing Board, acting by 
unanimity and making provision for Participating Countries to 
comply with their respective constitutional procedures.

                               article 74

    This Agreement shall be subject to a general review after 
May 1st, 1980.

                               article 75

    The Government of Belgium shall notify all Participating 
Countries of the deposit of each notification of consent to be 
bound in accordance with Article 67, and of each instrument of 
accession, of the entry into force of this Agreement or any 
amendment thereto, of any denunciation thereof, and of any 
other declaration or notification received.

                               article 76

    The original of this Agreement, of which the English, 
French and German texts are equally authentic, shall be 
deposited with the Government of Belgium, and a certified copy 
thereof shall be furnished to each other Participating Country 
by the Government of Belgium.

                       ANNEX--EMERGENCY RESERVES

                               article 1

    1. Total oil stocks are measured according to the OECD and 
EEC definitions, revised as follows:
          A. Stocks included:
                  Crude oil, major products and unfinished oils 
                held
                  In refinery tanks.
                  In bulk terminals.
                  In pipeline tankage.
                  In barges.
                  In intercoastal tankers.
                  In oil tankers in port.
                  In inland ship bunkers.
                  In storage tank bottoms.
                  In working stocks.
                  By large consumers as required by law or 
                otherwise controlled by Governments.
          B. Stocks excluded:
                  (a) Crude oil not yet produced.
                  (b) Crude oil, major products and unfinished 
                oils held
                          In pipelines.
                          In rail tank cars.
                          In truck tank cars.
                          In seagoing ships' bunkers.
                          In service stations and retail 
                        stores.
                          By other consumers.
                          In tankers at sea.
                          As military stocks.
    2. That portion of oil stocks which can be credited toward 
each participating Country's emergency reserve commitment is 
its total oil stocks under the above definition minus those 
stocks which can be technically determined as being absolutely 
unavailable in even the most severe emergency. The Standing 
Group on Emergency Questions shall examine this concept and 
report on criteria for the measurement of absolutely 
unavailable stocks.
    3. Until a decision has been taken on this matter, each 
Participating Country shall subtract 10 per cent from its total 
stocks in measuring its emergency reserves.
    The Standing Group on Emergency Questions shall examine and 
report to the Management Committee on:
          (a) the modalities of including naphtha for uses 
        other than motor and aviation gasoline in the 
        consumption against which stocks are measured,
          (b) the possibility of creating common rules for the 
        treatment of marine bunkers in an emergency, and of 
        including marine bunkers in the consumption against 
        which stocks are measured,
          (c) the possibility of creating common rules 
        concerning demand restraint for aviation bunkers,
          (d) the possibility of crediting towards emergency 
        reserve commitments some portion of oil at sea at the 
        time of activation of emergency measures,
          (e) the possibility of increasing supplies available 
        in an emergency through savings in the distribution 
        system.

                               article 2

    1. Fuel switching capacity is defined as normal oil 
consumption that may be replaced by other fuels in an 
emergency, provided that this capacity is subject to government 
control in an emergency, can be brought into operation within 
one month, and that secure supplies of the alternative fuel are 
available for use.
    2. The supply of alternative fuel shall be expressed in 
terms of oil equivalent.
    3. Stocks of an alternative fuel reserved for fuel 
switching purposes may be credited towards emergency reserve 
commitments insofar as they can be used during the period of 
self-sufficiency.
    4. Stand-by production of an alternative fuel reserved for 
fuel switching purposes will be credited toward emergency 
reserve commitments on the same basis as stand-by oil 
production, subject to the provisions of Article 4 of this 
Annex.
    5. The Standing Group on Emergency Questions shall examine 
and report to the Management Committee on
          (a) the appropriateness of the time limit of one 
        month mentioned in paragraph 1,
          (b) the basis of accounting for the fuel switching 
        capacity based on stocks of an alternative fuel, 
        subject to the provisions of paragraph 3.

                               article 3

    A Participating Country may credit towards its emergency 
reserve commitment oil stocks in another country provided that 
the Government of that other country has an agreement with the 
Government of the Participating Country that it shall impose no 
impediment to the transfer of those stocks in an emergency to 
the Participating Country.

                               article 4

    1. Stand-by oil production is defined as a Participating 
Country's potential oil production in excess of normal oil 
production within its jurisdiction--
          Which is subject to government control, and
          Which can be brought into use during an emergency 
        within the period of self-sufficiency.
    2. The Standing Group on Emergency Questions shall examine 
and report to the Management Committee on
          (a) the concept of and methods of measurement of 
        stand-by oil production as referred to in paragraph 1,
          (b) the appropriateness of ``the period of self-
        sufficiency'' as a time limit,
          (c) the question of whether a given quantity of 
        standby oil production is of greater value for purposes 
        of emergency self-sufficiency than the same quantity of 
        oil stocks, the amount of a possible credit for standby 
        production, and the method of its calculation.

                               article 5

    Stand-by oil production available to a Participating 
Country within the jurisdiction of another country may be 
credited towards its emergency reserve commitment on the same 
basis as stand-by oil production within its own jurisdiction, 
subject to the provisions of Article 4 of this Annex provided 
that the Government of that other country has an agreement with 
the Government of the Participating Country that it shall 
impose no impediment to the supply of oil from that stand-by 
capacity to the Participating Country in an emergency.

                               article 6

    The Standing Group on Emergency Questions shall examine and 
report to the Management Committee on the possibility of 
crediting towards a Participating Country's emergency reserve 
commitment mentioned in Article 2, paragraph 2, of the 
Agreement, long term investments which have the effect of 
reducing the Participating Countries dependence on imported 
oil.

                               article 7

    1. The Standing Group on Emergency Questions shall examine 
and report to the Management Committee regarding the reference 
period set out in Article 2, paragraph 1, of the Agreement, in 
particular taking into account such factors as growth, seasonal 
variations in consumption and cyclical changes.
    2. A decision by the Governing Board to change the 
definition of the reference period mentioned in paragraph 1 
shall be taken by unanimity.

                               article 8

    The Standing Group on Emergency Questions shall examine and 
report to the Management Committee on all elements of Chapters 
I to IV of the Agreement to eliminate possible mathematical and 
statistical anomalies.

                               article 9

    The reports from the Standing Group on Emergency Questions 
on the matters mentioned in this Annex shall be submitted to 
the Management Committee by April 1st, 1975. The Management 
Committee shall make proposals, as appropriate, to the 
Governing Board, which acting by majority not later than July 
1st, 1975, shall decide on these proposals, except as provided 
for in Article 7, paragraph 2 of this Annex.
       3. Convention on Early Notification of a Nuclear Accident

   Done at Vienna, September 26, 1986; Entered into force generally, 
October 27, 1986; Entered into force for the United States, October 20, 
                                  1988

       Convention on Early Notification of a Nuclear Accident \1\

    The States Parties to this Convention
---------------------------------------------------------------------------
    \1\ 1439 UNTS 175. For a list of states that are parties to the 
Convention, see Department of State publication, Treaties in Force.

    Aware that nuclear activities are being carried out in a 
---------------------------------------------------------------------------
number of States,

    Noting that comprehensive measures have been and are being 
take to ensure a high level of safety in nuclear activities, 
aimed at preventing nuclear accidents and minimizing the 
consequences of any such accident, should it occur,

    Desiring to strengthen further international co-operation 
in the safe development and use of nuclear energy,

    Convinced of the need for States to provide relevant 
information about nuclear accidents as early as possible in 
order that transboundary radiological consequences can be 
minimized,

    Noting the usefulness of bilateral and multilateral 
arrangements on information exchange in this area,

    Have Agreed as follows:

                               Article 1

                          Scope of application

    1. This Convention shall apply in the event of any accident 
involving facilities or activities of a State Party or of 
persons or legal entities under its jurisdiction or control, 
referred to in paragraph 2 below, from which a release of 
radioactive material occurs or is likely to occur and which has 
resulted or may result in an international transboundary 
release that could be of radiological safety significance for 
another State.
    2. The facilities and activities referred to in paragraph 1 
are the following:
          a. any nuclear reactor wherever located;
          b. any nuclear fuel cycle facility;
          c. any radioactive waste management facility;
          d. the transport and storage of nuclear fuels or 
        radioactive wastes;
          e. the manufacture, use, storage, disposal and 
        transport of radioisotopes for agricultural, 
        industrial, medical and related scientific and research 
        purposes; and
          f. the use of radioisotopes for power generation in 
        space objects.

                               Article 2

                      Notification and information

    In the event of an accident specified in article 1 
(hereinafter referred to as a ``nuclear accident''), the State 
Party referred to in that article shall:
          a. forthwith notify, directly or though the 
        International Atomic Energy Agency (hereinafter 
        referred to as the ``Agency''), those States which are 
        or may be physically affected as specified in article 1 
        and the Agency of the nuclear accident, its nature, the 
        time of its occurrence and its exact location where 
        appropriate; and
          b. promptly provide the States referred to in sub-
        paragraph (a), directly or through the Agency, and the 
        Agency with such available information relevant to 
        minimizing the radiological consequences in those 
        States, as specified in article 5.

                               Article 3

                        Other Nuclear Accidents

    With a view to minimizing the radiological consequences, 
States Parties may notify in the event of nuclear accidents 
other than those specified in article 1.

                               Article 4

                        Functions of the Agency

    The Agency shall:
          a. forthwith inform States Parties, Member States, 
        other States which are or may be physically affected as 
        specified in article 1 and relevant international 
        intergovernmental organizations (hereinafter referred 
        to as ``international organizations'') of a 
        notification received pursuant to sub-paragraph (a) of 
        article 2; and
          b. promptly provide any State Party, Member State or 
        relevant international organization, upon request, with 
        the information received pursuant to sub-paragraph (b) 
        of article 2.

                               Article 5

                       Information to be provided

    1. The information to be provided pursuant to sub-paragraph 
(b) of article 2 shall comprise the following data as then 
available to the notifying State Party:
          a. the time, exact location where appropriate, and 
        the nature of the nuclear accident;
          b. the facility or activity involved;
          c. the assumed or established cause and the 
        foreseeable development of the nuclear accident 
        relevant to the transboundary release of the 
        radioactive materials;
          d. the general characteristics of the radioactive 
        release, including, as far as is practicable and 
        appropriate, the nature, probable physical and chemical 
        form and the quantity, composition and effective height 
        of the radioactive release;
          e. information on current and forecast meteorological 
        and hydrological conditions, necessary for forecasting 
        the transboundary release of the radioactive materials;
          f. the results of environmental monitoring relevant 
        to the transboundary release of the radioactive 
        materials;
          g. the off-site protective measures taken or planned;
          h. the predicted behaviour over time of the 
        radioactive release.
    2. Such information shall be supplemented at appropriate 
intervals by further relevant information on the development of 
the emergency situation, including its foreseeable or actual 
termination.
    3. Information received pursuant to subparagraph (b) of 
article 2 may used without restriction, except when such 
information is provided in confidence by the notifying State 
Party.

                               Article 6

                             Consultations

    A State Party providing information pursuant to sub-
paragraph (b) of article 2 shall, as far as is reasonably 
practicable, respond promptly to a request for further 
information or consultations sought by an affected State Party 
with a view to minimizing the radiological consequences in that 
State.

                               Article 7

              Competent authorities and points of contact

    1. Each State Party shall make known to the Agency and to 
other States Parties, directly or through the Agency, its 
competent authorities and point of contact responsible for 
issuing and receiving the notification and information referred 
to in article 2. Such points of contact and a focal point 
within the Agency shall be available continuously.
    2. Each State Party shall promptly inform the Agency of any 
changes that may occur in the information referred to in 
paragraph 1.
    3. The Agency shall maintain an up-to-date list of such 
national authorities and points of contact as well as points of 
contact of relevant international organizations and shall 
provide it to States Parties and Member States and to relevant 
international organizations.

                               Article 8

                      Assistance to States Parties

    The Agency shall, in accordance with its Statute and upon a 
request of a State Party which does not have nuclear activities 
itself and borders on a State having an active nuclear 
programme but not Party, conduct investigations into the 
feasibility and establishment of an appropriate radiation 
monitoring system in order to facilitate the achievement of the 
objectives of this Convention.

                               Article 9

                Bilateral and multilateral arrangements

    In furtherance of their mutual interests, States Parties 
may consider, where deemed appropriate, the conclusion of 
bilateral or multilateral arrangements relating to the subject 
matter of this Convention.

                               Article 10

             Relationship to other international agreements

    This Convention shall not affect the reciprocal rights and 
obligations of State Parties under existing international 
agreements which relate to the matters covered by this 
Convention, or under future international agreements concluded 
in accordance with the object and purpose of this Convention.

                               Article 11

                         Settlement of disputes

    1. In the event of a dispute between States Parties, or 
between a State Party and the Agency, concerning the 
interpretation or application of this Convention, the parties 
to the dispute shall consult with a view to the settlement of 
the dispute by negotiation or by any other peaceful means of 
settling disputes acceptable to them.
    2. If a dispute of this character between States Parties 
cannot be settled within one year from the request for 
consultation pursuant to paragraph 1, it shall, at the request 
of any party to such a dispute, be submitted to arbitration or 
referred to the International Court of Justice for decision. 
Where a dispute is submitted to arbitration, if, within six 
months from the date of the request, the parties to the dispute 
are unable to agree on the organization of the arbitration, a 
party may request the President of the International Court of 
Justice or the Secretary- General of the United Nations to 
appoint one or more arbitrators. In cases of conflicting 
requests by the parties to the dispute, the request to the 
Secretary-General of the United Nations shall have priority.
    3. When signing, ratifying, accepting, approving or 
acceding to this Convention, a State may declare that it does 
not consider itself bound by either or both of the dispute 
settlement procedures provided for in paragraph 2. The other 
States Parties shall not be bound by a dispute settlement 
procedure provided for in paragraph 2 with respect to a State 
Party for which such a declaration is in force.
    4. A State Party which has made a declaration in accordance 
with paragraph 3 may at any time withdraw it by notification to 
the depositary.

                               Article 12

                            Entry into force

    1. This Convention shall be open for signature by all 
States and Namibia, represented by the United Nations Council 
for Namibia, at the Headquarters of the International Atomic 
Energy Agency in Vienna and at the Headquarters of the United 
Nations in New York, from 26 September 1986 and 6 October 1986 
respectively, until its entry into force or for twelve months, 
whichever period is longer.
    2. A State and Namibia, represented by the United Nations 
Council for Namibia, may express its consent to be bound by 
this Convention either by signature, or be deposit of an 
instrument of ratification, acceptance or approval following 
signature made subject to ratification, acceptance or approval, 
or by deposit of an instrument of accession. The instruments of 
ratification, acceptance, approval or accession shall be 
deposited with the depositary.
    3. This Convention shall enter into force thirty days after 
consent to be bound has been expressed by three States.
    4. For each State expressing consent to be bound by this 
Convention after its entry into force, this Convention shall 
enter into force for that State thirty days after the date of 
expression of consent.
    5.
          a. This Convention shall be open for accession, as 
        provided for in this article, by international 
        organizations and regional integration organizations 
        constituted by sovereign States, which have competence 
        in respect of the negotiation, conclusion and 
        application of international agreements in matters 
        covered by this Convention.
          b. In matters within their competence such 
        organizations shall, on their own behalf, exercise the 
        rights and fulfil the obligations which this Convention 
        attributes to States Parties.
          c. When depositing its instrument of accession, such 
        an organization shall communicate to the depositary a 
        declaration indicating the extent of its competence in 
        respect of matters covered by this Convention.
          d. Such an organization shall not hold any vote 
        additional to those of its Member States.

                               Article 13

                        Provisional application

    A State may, upon signature or at any later date before 
this Convention enters into force for it, declare that it will 
apply this Convention provisionally.

                               Article 14

                               Amendments

    1. A State Party may propose amendments to this Convention. 
The proposed amendment shall be submitted to the depositary who 
shall circulate it immediately to all other States Parties.
    2. If a majority of the States Parties request the 
depositary to convene a conference to consider the proposed 
amendments, the depositary shall invite all States Parties to 
attend such a conference to begin not sooner than thirty days 
after the invitations are issued. Any amendment adopted at the 
conference by a two-thirds majority of all States Parties shall 
be laid down in a protocol which is open to signature in Vienna 
and New York by all States Parties.
    3. The protocol shall enter into force thirty days after 
consent to be bound has been expressed by three States. For 
each State expressing consent to be bound by the protocol after 
its entry into force, the protocol shall enter into force for 
the State thirty days after the date of expression of consent.

                               Article 15

                              Denunciation

    1. A State Party may denounce this Convention by written 
notification to the depositary.
    2. Denunciation shall take effect on year following the 
date on which the notification is received by the depositary.

                               Article 16

                               Depositary

    1. The Director General of the Agency shall be the 
depositary of this Convention.
    2. The Director General of the Agency shall promptly notify 
States Parties and all other States of:
          a. each signature of this Convention or any protocol 
        of amendment;
          b. each deposit of an instrument of ratification, 
        acceptance, approval or accession concerning this 
        Convention of any protocol of amendment;
          c. any declaration or withdrawal thereof in 
        accordance with article 11;
          d. any declaration of provisional application of this 
        Convention in accordance with article 13;
          e. the entry into force of this Convention and of any 
        amendment thereto; and
          f. any denunciation made under article 15.

                               Article 17

                  Authentic texts and certified copies

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Director General of the 
International Atomic Energy Agency who shall send certified 
copies to States Parties and all other States.

    In witness whereof the undersigned, being duly authorized, 
have signed this Convention, open for signature as provided for 
in paragraph 1 of article 12.

    Adopted by the General Conference of the International 
Atomic Energy Agency meeting in special session at Vienna on 
the twenty-sixth day of September one thousand nine hundred and 
eighty-six.
   4. Convention on Assistance in the Case of a Nuclear Accident or 
                         Radiological Emergency

   Done at Vienna, September 26, 1986; Entered into force generally, 
 February 26, 1987; Entered into force for the United States, October 
                                20, 1988

     Convention on Assistance in the Case of a Nuclear Accident or 
                       Radiological Emergency \1\

    The States Parties to this Convention
---------------------------------------------------------------------------
    \1\ 1457 UNTS 133. For a list of states that are parties to the 
Convention, see Department of State publication, Treaties in Force.

    Aware that nuclear activities are being carried out in a 
---------------------------------------------------------------------------
number of States,

    Noting that comprehensive measures have been and are being 
taken to ensure a high level of safety in nuclear activities, 
aimed at preventing nuclear accidents and minimizing the 
consequences of any such accident, should it occur,

    Desiring to strengthen further international co-operation 
in the safe development and use of nuclear energy,

    Convinced of the need for an international framework which 
will facilitate the prompt provision of assistance in the event 
of a nuclear accident or radiological emergency to mitigate its 
consequences,

    Noting the usefulness of bilateral and multilateral 
arrangements on mutual assistance in this area,

    Noting the activities of the International Atomic Energy 
Agency in developing guidelines for mutual emergency assistance 
arrangements in connection with a nuclear accident or 
radiological emergency,

    Have Agreed as follows:

                               Article 1

                           General provisions

    1. The States Parties shall cooperate between themselves 
and with the International Atomic Energy Agency (hereinafter 
referred to as the ``Agency'') in accordance with the 
provisions of this Convention to facilitate prompt assistance 
in the event of a nuclear accident or radiological emergency to 
minimize its consequences and to protect life, property and the 
environment from the effects of radioactive releases.
    2. To facilitate such cooperation States Parties may agree 
on bilateral or multilateral arrangements or, where 
appropriate, a combination of these, for preventing or 
minimizing injury and damage which may result in the event of a 
nuclear accident or radiological emergency.
    3. The States Parties request the Agency, acting within the 
framework of its Statute, to use its best endeavours in 
accordance with the provisions of this Convention to promote, 
facilitate and support the cooperation between States Parties 
provided for in this Convention.

                               Article 2

                        Provision of assistance

    1. If a State Party needs assistance in the event of a 
nuclear accident or radiological emergency, whether or not such 
accident or emergency originates within its territory, 
jurisdiction or control, it may call for such assistance from 
any other State Party, directly or through the Agency, and from 
the Agency, or, where appropriate, from other international 
intergovernmental organizations (hereinafter referred to as 
``international organizations'').
    2. A State Party requesting assistance shall specify the 
scope and type of assistance required and, where practicable, 
provide the assisting party with such information as may be 
necessary for that party to determine the extent to which it is 
able to meet the request. In the event that it is not 
practicable for the requesting State Party to specify the scope 
and type of assistance required, the requesting State Party and 
the assisting party shall, in consultation, decide upon the 
scope and type of assistance required.
    3. Each State Party to which a request for such assistance 
is directed shall promptly decide and notify the requesting 
Slate Party, directly or through the Agency, whether it is in a 
position to render the assistance requested, and the scope and 
terms of the assistance that might be rendered.
    4. States Parties shall, within the limits of their 
capabilities, identify and notify the Agency of experts, 
equipment and materials which could be made available for the 
provision of assistance to other States Parties in the event of 
a nuclear accident or radiological emergency as well as the 
terms, especially financial, under which such assistance could 
be provided.
    5. Any State Party may request assistance relating to 
medical treatment or temporary relocation into the territory of 
another State Party of people involved in a nuclear accident or 
radiological emergency.
    6. The Agency shall respond, in accordance with its Statute 
and as provided for in this Convention, to a requesting State 
Party's or a Member State's request for assistance in the event 
of a nuclear accident or radiological emergency by:
          1. making available appropriate resources allocated 
        for this purpose;
          2. transmitting promptly the request to other States 
        and international organizations which, according to the 
        Agency's information, may possess the necessary 
        resources; and
          3. if so requested by the requesting State, co-
        ordinating the assistance at the international level 
        which may thus become available.

                               Article 3

                  Direction and control of assistance

    Unless otherwise agreed:
          1. the overall direction, control, co-ordination and 
        supervision of the assistance shall be the 
        responsibility within its territory of the requesting 
        State. The assisting party should, where the assistance 
        involves personnel, designate in consultation with the 
        requesting State, the person who should be in charge of 
        and retain immediate operational supervision over the 
        personnel and the equipment provided by it. The 
        designated person should exercise such supervision in 
        cooperation with the appropriate authorities of the 
        requesting State;
          2. the requesting State shall provide, to the extent 
        of its capabilities, local facilities and services for 
        the proper and effective administration of the 
        assistance. It shall also ensure the protection of 
        personnel, equipment and materials brought into its 
        territory by or on behalf of the assisting party for 
        such purpose;
          3. ownership of equipment and materials provided by 
        either party during the periods of assistance shall be 
        unaffected, and their return shall be ensured;
          4. a State Party providing assistance in response to 
        a request under paragraph 5 of article 2 shall co-
        ordinate that assistance within its territory.

                               Article 4

              Competent authorities and points of contact

    1. Each State Party shall make known to the Agency and to 
other States Parties, directly or through the Agency, its 
competent authorities and point of contact authorized to make 
and receive requests for and to accept offers of assistance. 
Such points of contact and a focal point within the Agency 
shall be available continuously.
    2. Each State Party shall promptly inform the Agency of any 
changes that may occur in the information referred to in 
paragraph 1.
    3. The Agency shall regularly and expeditiously provide to 
States Parties, Member States and relevant international 
organizations the information referred to in paragraphs 1 and 
2.

                               Article 5

                        Functions of the Agency

    The States Parties request the Agency, in accordance with 
paragraph 3 of article 1 and without prejudice to other 
provisions of this Convention, to:
          1. collect and disseminate to States Parties and 
        Member States information concerning:
                  1. experts, equipment and materials which 
                could be made available in the event of nuclear 
                accidents or radiological emergencies;
                  2. methodologies, techniques and available 
                results of research relating to response to 
                nuclear accidents or radiological emergencies;
          2. assist a State Party or a Member State when 
        requested in any of the following or other appropriate 
        matters:
                  1. preparing both emergency plans in the case 
                of nuclear accidents and radiological 
                emergencies and the appropriate legislation;
                  2. developing appropriate training programmes 
                for personnel to deal with nuclear accidents 
                and radiological emergencies;
                  3. transmitting requests for assistance and 
                relevant information in the event of a nuclear 
                accident or radiological emergency;
                  4. developing appropriate radiation 
                monitoring programmes, procedures and 
                standards;
                  5. conducting investigations into the 
                feasibility of establishing appropriate 
                radiation monitoring systems;
          3. make available to a State Party or a Member State 
        requesting assistance in the event of a nuclear 
        accident or radiological emergency appropriate 
        resources allocated for the purpose of conducting an 
        initial assessment of the accident or emergency;
          4. offer its good offices to the States Parties and 
        Member States in the event of a nuclear accident or 
        radiological emergency;
          5. establish and maintain liaison with relevant 
        international organizations for the purposes of 
        obtaining and exchanging relevant information and data, 
        and make a list of such organizations available to 
        States Parties, Member States and the aforementioned 
        organizations.

                               Article 6

                 Confidentiality and public statements

    1. The requesting State and the assisting party shall 
protect the confidentiality of any confidential information 
that becomes available to either of them in connection with the 
assistance in the event of a nuclear accident or radiological 
emergency. Such information shall be used exclusively for the 
purpose of the assistance agreed upon.
    2. The assisting party shall make every effort to 
coordinate with the requesting State before releasing 
information to the public on the assistance provided in 
connection with a nuclear accident or radiological emergency.

                               Article 7

                         Reimbursement of costs

    1. An assisting party may offer assistance without costs to 
the requesting Slate. When considering whether to offer 
assistance on such a basis, the assisting party shall take into 
account:
          1. the nature of the nuclear accident or radiological 
        emergency;
          2. the place of origin of the nuclear accident or 
        radiological emergency;
          3. the needs of developing countries;
          4. the particular needs of countries without nuclear 
        facilities; and
          5. any other relevant factors.
    2. When assistance is provided wholly or partly on a 
reimbursement basis, the requesting State shall reimburse the 
assisting party for the costs incurred for the services 
rendered by persons or organizations acting on its behalf, and 
for all expenses in connection with the assistance to the 
extent that such expenses are not directly defrayed by the 
requesting State. Unless otherwise agreed, reimbursement shall 
be provided promptly after the assisting party has presented 
its request for reimbursement to the requesting State, and in 
respect of costs other than local costs, shall be freely 
transferrable.
    3. Notwithstanding paragraph 2, the assisting party may at 
any time waive, or agree to the postponement of, the 
reimbursement in whole or in part. In considering such waiver 
or postponement, assisting parties shall give due consideration 
to the needs of developing countries.

                               Article 8

                 Privileges, immunities and facilities

    1. The requesting State shall afford to personnel of the 
assisting party and personnel acting on its behalf the 
necessary privileges, immunities and facilities for the 
performance of their assistance functions.
    2. The requesting State shall afford the following 
privileges and immunities to personnel of the assisting party 
or personnel acting on its behalf who have been duly notified 
to and accepted by the requesting State:
          1. immunity from arrest, detention and legal process, 
        including criminal, civil and administrative 
        jurisdiction, of the requesting State, in respect of 
        acts or omissions in the performance of their duties; 
        and
          2. exemption from taxation, duties or other charges, 
        except those which are normally incorporated in the 
        price of goods or paid for services rendered, in 
        respect of the performance of their assistance 
        functions.
          3. The requesting State shall:
                  1. afford the assisting party exemption from 
                taxation, duties or other charges on the 
                equipment and property brought into the 
                territory of the requesting State by the 
                assisting party for the purpose of the 
                assistance; and
                  2. provide immunity from seizure, attachment 
                or requisition of such equipment and property.
          4. The requesting State shall ensure the return of 
        such equipment and property. If requested by the 
        assisting party, the requesting State shall arrange, to 
        the extent it is able to do so, for the necessary 
        decontamination of recoverable equipment involved in 
        the assistance before its return.
          5. The requesting State shall facilitate the entry 
        into, stay in and departure from its national territory 
        of personnel notified pursuant to paragraph 2 and of 
        equipment and property involved in the assistance.
          6. Nothing in this article shall require the 
        requesting State to provide its nationals or permanent 
        residents with the privileges and immunities provided 
        for in the foregoing paragraphs.
          7. Without prejudice to the privileges and 
        immunities, all beneficiaries enjoying such privileges 
        and immunities under this article have a duty to 
        respect the laws and regulations of the requesting 
        State. They shall also have the duty not to interfere 
        in the domestic affairs of the requesting State.
          8. Nothing in this article shall prejudice rights and 
        obligations with respect to privileges and immunities 
        afforded pursuant to other international agreements or 
        the rules of customary international law.
          9. When signing, ratifying, accepting, approving or 
        acceding to this Convention, a State may declare that 
        it does not consider itself bound in whole or in part 
        by paragraphs 2 and 3.
          10. A State Party which has made a declaration in 
        accordance with paragraph 9 may at any time withdraw it 
        by notification to the depositary.

                               Article 9

              Transit of personnel, equipment and property

    Each State Party shall, at the request of the requesting 
State or the assisting party, seek to facilitate the transit 
through its territory of duly notified personnel, equipment and 
property involved in the assistance to and from the requesting 
State.

                               Article 10

                        Claims and compensation

    1. The States Parties shall closely cooperate in order to 
facilitate the settlement of legal proceedings and claims under 
this article.
    2. Unless otherwise agreed, a requesting State shall in 
respect of death or of injury to persons, damage to or loss of 
property, or damage to the environment caused within its 
territory or other area under its jurisdiction or control in 
the course of providing the assistance requested:
          1. not bring any legal proceedings against the 
        assisting party or persons or other legal entities 
        acting on its behalf;
          2. assume responsibility for dealing with legal 
        proceedings and claims brought by third parties against 
        the assisting party or against persons or other legal 
        entities acting on its behalf;
          3. hold the assisting party or persons or other legal 
        entities acting on its behalf harmless in respect of 
        legal proceedings and claims referred to in sub-
        paragraph (b); and
          4. compensate the assisting party or persons or other 
        legal entities acting on its behalf for:
                  1. death of or injury to personnel of the 
                assisting party or persons acting on its 
                behalf;
                  2. loss of or damage to non-consumable 
                equipment or materials related to the 
                assistance;
                except in cases of wilful misconduct by the 
                individuals who caused the death, injury, loss 
                or damage.
                  3. This article shall not prevent 
                compensation or indemnity available under any 
                applicable international agreement or national 
                law of any State.
                  4. Nothing in this article shall require the 
                requesting State to apply paragraph 2 in whole 
                or in part to its nationals or permanent 
                residents.
          5. When signing, ratifying, accepting, approving or 
        acceding to this Convention, a State may declare:
                  1. that it does not consider itself bound in 
                whole or in part by paragraph 2;
                  2. that it will not apply paragraph 2 in 
                whole or in part in cases of gross negligence 
                by the individuals who caused the death, 
                injury, loss or damage.
          6. A State Party which has made a declaration in 
        accordance with paragraph 5 may at any time withdraw it 
        by notification to the depositary.

                               Article 11

                       Termination of assistance

    The requesting State or the assisting party may at any 
time, after appropriate consultations and by notification in 
writing, request the termination of assistance received or 
provided under this Convention. Once such a request has been 
made, the parties involved shall consult with each other to 
make arrangements for the proper conclusion of the assistance.

                               Article 12

             Relationship to other international agreements

    This Convention shall not affect the reciprocal rights and 
obligations of States Parties under existing international 
agreements which relate to the matters covered by this 
Convention, or under future international agreements concluded 
in accordance with the object and purpose of this Convention.

                               Article 13

                         Settlement of disputes

    1. In the event of a dispute between States Parties, or 
between a State Party and the Agency, concerning the 
interpretation or application of this Convention, the parties 
to the dispute shall consult with a view to the settlement of 
the dispute by negotiation or by any other peaceful means of 
settling disputes acceptable to them.
    2. If a dispute of this character between States Parties 
cannot be settled within one year from the request for 
consultation pursuant to paragraph 1, it shall, at the request 
of any party to such dispute, be submitted to arbitration or 
referred to the International Court of Justice for decision. 
Where a dispute is submitted to arbitration, if, within six 
months from the date of the request, the parties to the dispute 
are unable to agree on the organization of the arbitration, a 
party may request the President of The International Court of 
Justice or the Secretary-General of the United Nations to 
appoint one or more arbitrators. In cases of conflicting 
requests by the parties to the dispute, the request to the 
Secretary-General of the United Nations shall have priority.
    3. When signing, ratifying, accepting, approving or 
acceding to this Convention, a State may declare that it does 
not consider itself bound by either or both of the dispute 
settlement procedures provided for in paragraph 2. The other 
States Parties shall not be bound by a dispute settlement 
procedure provided for in paragraph 2 with respect to a State 
Party for which such a declaration is in force.
    4. A State Party which has made a declaration in accordance 
with paragraph 3 may at any time withdraw it by notification to 
the depositary.

                               Article 14

                            Entry into force

    1. This Convention shall be open for signature by all 
States and Namibia, represented by the United Nations Council 
for Namibia, at the Headquarters of the International Atomic 
Energy Agency in Vienna and at the Headquarters of the United 
Nations in New York, from 26 September 1986 and 6 October 1986 
respectively, until its entry into force or for twelve months, 
whichever period is longer.
    2. A State and Namibia, represented by the United Nations 
Council for Namibia, may express its consent to be bound by 
this Convention either by signature, or by deposit of an 
instrument of ratification, acceptance or approval following 
signature made subject to ratification, acceptance or approval, 
or by deposit of an instrument of accession. The instruments of 
ratification, acceptance, approval or accession shall be 
deposited with the depositary.
    3. This Convention shall enter into force thirty days after 
consent to be bound has been expressed by three States.
    4. For each State expressing consent to be bound by this 
Convention after its entry into force, this Convention shall 
enter into force for that State thirty days after the date of 
expression of consent.
    5.
          1. This Convention shall be open for accession, as 
        provided for in this article, by international 
        organizations and regional integration organizations 
        constituted by sovereign States, which have competence 
        in respect of the negotiation, conclusion and 
        application of international agreements in matters 
        covered by this Convention.
          2. In matters within their competence such 
        organizations shall, on their own behalf, exercise the 
        rights and fulfil the obligations which this Convention 
        attributes to States Parties.
          3. When depositing its instrument of accession, such 
        an organization shall communicate to the depositary a 
        declaration indicating the extent of its competence in 
        respect of matters covered by this Convention.
          4. Such an organization shall not hold any vote 
        additional to those of its Member States.

                               Article 15

                        Provisional application

    A State may, upon signature or at any later date before 
this Convention enters into force for it, declare that it will 
apply this Convention provisionally.

                               Article 16

                               Amendments

    1. A State Party may propose amendments to this Convention. 
The proposed amendment shall be submitted to the depositary who 
shall circulate it immediately to all other States Parties.
    2. If a majority of the States Parties request the 
depositary to convene a conference to consider the proposed 
amendments, the depositary shall invite all States Parties to 
attend such a conference to begin not sooner than thirty days 
after the invitations are issued. Any amendment adopted at the 
conference by a two-thirds majority of all States Parties shall 
be laid down in a protocol which is open to signature in Vienna 
and New York by all States Parties.
    3. The protocol shall enter into force thirty days after 
consent to be bound has been expressed by three States. For 
each State expressing consent to be bound by the protocol after 
its entry into force, the protocol shall enter into force for 
that State thirty days after the date of expression of consent.

                               Article 17

                              Denunciation

    1. A State Party may denounce this Convention by written 
notification to the depositary.
    2. Denunciation shall take effect one year following the 
date on which the notification is received by the depositary.

                               Article 18

                               Depositary

    1. The Director General of the Agency shall be the 
depositary of this Convention.
    2. The Director General of the Agency shall promptly notify 
States Parties and all other States of:
          1. each signature of this Convention or any protocol 
        of amendment;
          2. each deposit of an instrument of ratification, 
        acceptance, approval or accession concerning this 
        Convention or any protocol of amendment;
          3. any declaration or withdrawal thereof in 
        accordance with articles 8, 10 and 13;
          4. any declaration of provisional application of this 
        Convention in accordance with article 15;
          5. the entry into force of this Convention and of any 
        amendment thereto; and
          6. any denunciation made under article 17.

                               Article 19

                  Authentic texts and certified copies

    The original of this Convention, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Director General of the 
International Atomic Energy Agency who shall send certified 
copies to States Parties and all other States.

    In witness whereof the undersigned, being duly authorized, 
have signed this Convention, open for signature as provided for 
in paragraph 1 of article 14.

    Adopted by the General Conference of the International 
Atomic Energy Agency meeting in special session at Vienna on 
the twenty-sixth day of September one thousand nine hundred and 
eighty-six.
 5. Joint Convention on the Safety of Spent Fuel Management and on the 
                 Safety of Radioactive Waste Management

 Done at Vienna, September 5, 1997; Entered into force generally, June 
 18, 2001; Ratification advised by the Senate, April 2, 2003; Entered 
            into force for the United States, July 14, 2003

  Joint Convention on the Safety of Spent Fuel Management and on the 
               Safety of Radioactive Waste Management \1\

                                Preamble

    The Contracting Parties
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Convention, see 
Department of State publication, Treaties in Force.

    (i) Recognizing that the operation of nuclear reactors 
generates spent fuel and radioactive waste and that other 
applications of nuclear technologies also generate radioactive 
---------------------------------------------------------------------------
waste;

    (ii) Recognizing that the same safety objectives apply both 
to spent fuel and radioactive waste management;

    (iii) Reaffirming the importance to the international 
community of ensuring that sound practices are planned and 
implemented for the safety of spent fuel and radioactive waste 
management;

    (iv) Recognizing the importance of informing the public on 
issues regarding the safety of spent fuel and radioactive waste 
management;

    (v) Desiring to promote an effective nuclear safety culture 
worldwide;

    (vi) Reaffirming that the ultimate responsibility for 
ensuring the safety of spent fuel and radioactive waste 
management rests with the State;

    (vii) Recognizing that the definition of a fuel cycle 
policy rests with the State, some States considering spent fuel 
as a valuable resource that may be reprocessed, others electing 
to dispose of it;

    (viii) Recognizing that spent fuel and radioactive waste 
excluded from the present Convention because they are within 
military or defence programmes should be managed in accordance 
with the objectives stated in this Convention;

    (ix) Affirming the importance of international co-operation 
in enhancing the safety of spent fuel and radioactive waste 
management through bilateral and multilateral mechanisms, and 
through this incentive Convention;

    (x) Mindful of the needs of developing countries, and in 
particular the least developed countries, and of States with 
economies in transition and of the need to facilitate existing 
mechanisms to assist in the fulfillment of their rights and 
obligations set out in this incentive Convention;

    (xi) Convinced that radioactive waste should, as far as is 
compatible with the safety of the management of such material, 
be disposed of in the State in which it was generated, whilst 
recognizing that, in certain circumstances, safe and efficient 
management of spent fuel and radioactive waste might be 
fostered through agreements among Contracting parties to use 
facilities in one of them for the benefit of the other Parties, 
particularly where waste originates from joint projects;

    (xii) Recognizing that any State has the right to ban 
import into its territory of foreign spent fuel and radioactive 
waste;

    (xiii) Keeping in mind the Convention on Nuclear Safety 
(1994), the Convention on Early Notification of a Nuclear 
Accident (1986), the Convention on Assistance in the Case of a 
Nuclear Accident or Radiological Emergency (1986), the 
Convention on the Physical Protection of Nuclear Material 
(1980), the Convention on the Prevention of Marine Pollution by 
Dumping of Wastes and Other Matter as amended (1994) and other 
relevant international instruments;

    (xiv) Keeping in mind the principles contained in the 
interagency ``International Basic Safety Standards for 
Protection against Ionizing Radiation and for the Safety of 
Radiation Sources'' (1996), in the IAEA Safety Fundamentals 
entitled ``The Principles of Radioactive Waste Management'' 
(1995), and in the existing international standards relating to 
the safety of the transport of radioactive materials;

    (xv) Recalling Chapter 22 of Agenda 21 by the United 
Nations Conference on Environment and Development in Rio de 
Janeiro adopted in 1992, which reaffirms the paramount 
importance of the safe and environmentally sound management of 
radioactive waste;

    (xvi) Recognizing the desirability of strengthening the 
international control system applying specifically to 
radioactive materials as referred to in Article 1(3) of the 
Basel Convention on the Control of Transboundary Movements of 
Hazardous Wastes and Their Disposal (1989);

    Have agreed as follows:

      Chapter 1. Objectives, Definitions and Scope of Application

                         Article 1. Objectives

    The objectives of this Convention are:
          (i) to achieve and maintain a high level of safety 
        worldwide in spent fuel and radioactive waste 
        management, through the enhancement of national 
        measures and international co-operation, including 
        where appropriate, safety-related technical co-
        operation;
          (ii) to ensure that during all stages of spent fuel 
        and radioactive waste management there are effective 
        defenses against potential hazards so that individuals, 
        society and the environment are protected from harmful 
        effects of ionizing radiation, now and in the future, 
        in such a way that the needs and aspirations of the 
        present generation are met without compromising the 
        ability of future generations to meet their needs and 
        aspirations;
          (iii) to prevent accidents with radiological 
        consequences and to mitigate their consequences should 
        they occur during any stage of spent fuel or 
        radioactive waste management.

                         Article 2. Definitions

    For the purposes of this Convention:
          (a) ``closure'' means the completion of all 
        operations at some time after the emplacement of spent 
        fuel or radioactive waste in a disposal facility. This 
        includes the final engineering or other work required 
        to bring the facility to a condition that will be safe 
        in the long term;
          (b) ``decommissioning'' means all steps leading to 
        the release of a nuclear facility, other than a 
        disposal facility, from regulatory control. These steps 
        include the processes of decontamination and 
        dismantling;
          (c) ``discharges'' means planned and controlled 
        releases into the environment, as a legitimate 
        practice, within limits authorized by the regulatory 
        body, of liquid or gaseous radioactive materials that 
        originate from regulated nuclear facilities during 
        normal operation;
          (d) ``disposal'' means the emplacement of spent fuel 
        or radioactive waste in an appropriate facility without 
        the intention of retrieval;
          (e) ``licence'' means any authorization, permission 
        or certification granted by a regulatory body to carry 
        out any activity related to management of spent fuel or 
        of radioactive waste;
          (f) ``nuclear facility'' means a civilian facility 
        and its associated land, buildings and equipment in 
        which radioactive materials are produced, processed, 
        used, handled, stored or disposed of on such a scale 
        that consideration of safety is required;
          (g) ``operating lifetime'' means the period during 
        which a spent fuel or a radioactive waste management 
        facility is used for its intended purpose. In the case 
        of a disposal facility, the period begins when spent 
        fuel or radioactive waste is first emplaced in the 
        facility and ends upon closure of the facility;
          (h) ``radioactive waste'' means radioactive material 
        in gaseous, liquid or solid form for which no further 
        use is foreseen by the Contracting Party or by a 
        natural or legal person whose decision is accepted by 
        the Contracting Party, and which is controlled as 
        radioactive waste by a regulatory body under the 
        legislative and regulatory framework of the Contracting 
        Party;
          (i) ``radioactive waste management'' means all 
        activities, including decommissioning activities, that 
        relate to the handling, pretreatment, treatment, 
        conditioning, storage, or disposal of radioactive 
        waste, excluding off-site transportation. It may also 
        involve discharges;
          (j) ``radioactive waste management facility'' means 
        any facility or installation the primary purpose of 
        which is radioactive waste management, including a 
        nuclear facility in the process of being decommissioned 
        only if it is designated by the Contracting Party as a 
        radioactive waste management facility;
          (k) ``regulatory body'' means any body or bodies 
        given the legal authority by the Contracting Party to 
        regulate any aspect of the safety of spent fuel or 
        radioactive waste management including the granting of 
        licences;
          (l) ``reprocessing'' means a process or operation, 
        the purpose of which is to extract radioactive isotopes 
        from spent fuel for further use;
          (m) ``sealed source'' means radioactive material that 
        is permanently sealed in a capsule or closely bonded 
        and in a solid form, excluding reactor fuel elements;
          (n) ``spent fuel'' means nuclear fuel that has been 
        irradiated in and permanently removed from a reactor 
        core;
          (o) ``spent fuel management'' means all activities 
        that relate to the handling or storage of spent fuel, 
        excluding off-site transportation. It may also involve 
        discharges;
          (p) ``spent fuel management facility'' means any 
        facility or installation the primary purpose of which 
        is spent fuel management;
          (q) ``State of destination'' means a State to which a 
        transboundary movement is planned or takes place;
          (r) ``State of origin'' means a State from which a 
        transboundary movement is planned to be initiated or is 
        initiated;
          (s) ``State of transit'' means any State, other than 
        a State of origin or a State of destination, through 
        whose territory a transboundary movement is planned or 
        takes place;
          (t) ``storage'' means the holding of spent fuel or of 
        radioactive waste in a facility that provides for its 
        containment, with the intention of retrieval;
          (u) ``transboundary movement'' means any shipment of 
        spent fuel or of radioactive waste from a State of 
        origin to a State of destination.

                    Article 3. Scope of Application

    1. This Convention shall apply to the safety of spent fuel 
management when the spent fuel results from the operation of 
civilian nuclear reactors. Spent fuel held at reprocessing 
facilities as part of a reprocessing activity is not covered in 
the scope of this Convention unless the Contracting Party 
declares reprocessing to be part of spent fuel management.
    2. This Convention shall also apply to the safety of 
radioactive waste management when the radioactive waste results 
from civilian applications. However, this Convention shall not 
apply to waste that contains only naturally occurring 
radioactive materials and that does not originate from the 
nuclear fuel cycle, unless it constitutes a disused sealed 
source or it is declared as radioactive waste for the purposes 
of this Convention by the Contracting Party.
    3. This Convention shall not apply to the safety of 
management of spent fuel or radioactive waste within military 
or defence programmes, unless declared as spent fuel or 
radioactive waste for the purposes of this Convention by the 
Contracting Party. However, this Convention shall apply to the 
safety of management of spent fuel and radioactive waste from 
military or defence programmes if and when such materials are 
transferred permanently to and managed within exclusively 
civilian programmes.
    4. This Convention shall also apply to discharges as 
provided for in Articles 4, 7, 11, 14, 24 and 26.

               Chapter 2. Safety of Spent Fuel Management

                 Article 4. General Safety Requirements

    Each Contracting Party shall take the appropriate steps to 
ensure that at all stages of spent fuel management, 
individuals, society and the environment are adequately 
protected against radiological hazards. In so doing, each 
Contracting Party shall take the appropriate steps to:
          (i) ensure that criticality and removal of residual 
        heat generated during spent fuel management are 
        adequately addressed;
          (ii) ensure that the generation of radioactive waste 
        associated with spent fuel management is kept to the 
        minimum practicable, consistent with the type of fuel 
        cycle policy adopted;
          (iii) take into account interdependencies among the 
        different steps in spent fuel management;
          (iv) provide for effective protection of individuals, 
        society and the environment, by applying at the 
        national level suitable protective methods as approved 
        by the regulatory body, in the framework of its 
        national legislation which has due regard to 
        internationally endorsed criteria and standards;
          (v) take into account the biological, chemical and 
        other hazards that may be associated with spent fuel 
        management;
          (vi) strive to avoid actions that impose reasonably 
        predictable impacts on future generations greater than 
        those permitted for the current generation;
          (vii) aim to avoid imposing undue burdens on future 
        generations.

                     Article 5. Existing Facilities

    Each Contracting Party shall take the appropriate steps to 
review the safety of any spent fuel management facility 
existing at the time the Convention enters into force for that 
Contracting Party and to ensure that, if necessary, all 
reasonably practicable improvements are made to upgrade the 
safety of such a facility.

                Article 6. Siting of Proposed Facilities

    1. Each Contracting Party shall take the appropriate steps 
to ensure that procedures are established and implemented for a 
proposed spent fuel management facility:
          (i) to evaluate all relevant site-related factors 
        likely to affect the safety of such a facility during 
        its operating lifetime;
          (ii) to evaluate the likely safety impact of such a 
        facility on individuals, society and the environment;
          (iii) to make information on the safety of such a 
        facility available to members of the public;
          (iv) to consult Contracting Parties in the vicinity 
        of such a facility, insofar as they are likely to be 
        affected by that facility, and provide them, upon their 
        request, with general data relating to the facility to 
        enable them to evaluate the likely safety impact of the 
        facility upon their territory.
    2. In so doing, each Contracting Party shall take the 
appropriate steps to ensure that such facilities shall not have 
unacceptable effects on other Contracting Parties by being 
sited in accordance with the general safety requirements of 
Article 4.

            Article 7. Design and Construction of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) the design and construction of a spent fuel 
        management facility provide for suitable measures to 
        limit possible radiological impacts on individuals, 
        society and the environment, including those from 
        discharges or uncontrolled releases;
          (ii) at the design stage, conceptual plans and, as 
        necessary, technical provisions for the decommissioning 
        of a spent fuel management facility are taken into 
        account;
          (iii) the technologies incorporated in the design and 
        construction of a spent fuel management facility are 
        supported by experience, testing or analysis.

             Article 8. Assessment of Safety of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) before construction of a spent fuel management 
        facility, a systematic safety assessment and an 
        environmental assessment appropriate to the hazard 
        presented by the facility and covering its operating 
        lifetime shall be carried out;
          (ii) before the operation of a spent fuel management 
        facility, updated and detailed versions of the safety 
        assessment and of the environmental assessment shall be 
        prepared when deemed necessary to complement the 
        assessments referred to in paragraph (i).

                   Article 9. Operation of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) the licence to operate a spent fuel management 
        facility is based upon appropriate assessments as 
        specified in Article 8 and is conditional on the 
        completion of a commissioning programme demonstrating 
        that the facility, as constructed, is consistent with 
        design and safety requirements;
          (ii) operational limits and conditions derived from 
        tests, operational experience and the assessments, as 
        specified in Article 8, are defined and revised as 
        necessary;
          (iii) operation, maintenance, monitoring, inspection 
        and testing of a spent fuel management facility are 
        conducted in accordance with established procedures;
          (iv) engineering and technical support in all safety-
        related fields are available throughout the operating 
        lifetime of a spent fuel management facility;
          (v) incidents significant to safety are reported in a 
        timely manner by the holder of the licence to the 
        regulatory body;
          (vi) programmes to collect and analyse relevant 
        operating experience are established and that the 
        results are acted upon, where appropriate;
          (vii) decommissioning plans for a spent fuel 
        management facility are prepared and updated, as 
        necessary, using information obtained during the 
        operating lifetime of that facility, and are reviewed 
        by the regulatory body.

                   Article 10. Disposal of Spent Fuel

    If, pursuant to its own legislative and regulatory 
framework, a Contracting Party has designated spent fuel for 
disposal, the disposal of such spent fuel shall be in 
accordance with the obligations of Chapter 3 relating to the 
disposal of radioactive waste.

           Chapter 3. Safety of Radioactive Waste Management

                Article 11. General Safety Requirements

    Each Contracting Party shall take the appropriate steps to 
ensure that at all stages of radioactive waste management 
individuals, society and the environment are adequately 
protected against radiological and other hazards.
    In so doing, each Contracting Party shall take the 
appropriate steps to:
          (i) ensure that criticality and removal of residual 
        heat generated during radioactive waste management are 
        adequately addressed;
          (ii) ensure that the generation of radioactive waste 
        is kept to the minimum practicable;
          (iii) take into account interdependencies among the 
        different steps in radioactive waste management;
          (iv) provide for effective protection of individuals, 
        society and the environment, by applying at the 
        national level suitable protective methods as approved 
        by the regulatory body, in the framework of its 
        national legislation which has due regard to 
        internationally endorsed criteria and standards;
          (v) take into account the biological, chemical and 
        other hazards that may be associated with radioactive 
        waste management;
          (vi) strive to avoid actions that impose reasonably 
        predictable impacts on future generations greater than 
        those permitted for the current generation;
          (vii) aim to avoid imposing undue burdens on future 
        generations.

           Article 12. Existing Facilities and Past Practices

    Each Contracting Party shall in due course take the 
appropriate steps to review:
          (i) the safety of any radioactive waste management 
        facility existing at the time the Convention enters 
        into force for that Contracting Party and to ensure 
        that, if necessary, all reasonably practicable 
        improvements are made to upgrade the safety of such a 
        facility;
          (ii) the results of past practices in order to 
        determine whether any intervention is needed for 
        reasons of radiation protection bearing in mind that 
        the reduction in detriment resulting from the reduction 
        in dose should be sufficient to justify the harm and 
        the costs, including the social costs, of the 
        intervention.

               Article 13. Siting of Proposed Facilities

    1. Each Contracting Party shall take the appropriate steps 
to ensure that procedures are established and implemented for a 
proposed radioactive waste management facility:
          (i) to evaluate all relevant site-related factors 
        likely to affect the safety of such a facility during 
        its operating lifetime as well as that of a disposal 
        facility after closure;
          (ii) to evaluate the likely safety impact of such a 
        facility on individuals, society and the environment, 
        taking into account possible evolution of the site 
        conditions of disposal facilities after closure;
          (iii) to make information on the safety of such a 
        facility available to members of the public;
          (iv) to consult Contracting Parties in the vicinity 
        of such a facility, insofar as they are likely to be 
        affected by that facility, and provide them, upon their 
        request, with general data relating to the facility to 
        enable them to evaluate the likely safety impact of the 
        facility upon their territory.
    2. In so doing, each Contracting Party shall take the 
appropriate steps to ensure that such facilities shall not have 
unacceptable effects on other Contracting Parties by being 
sited in accordance with the general safety requirements of 
Article 11.

           Article 14. Design and Construction of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) the design and construction of a radioactive 
        waste management facility provide for suitable measures 
        to limit possible radiological impacts on individuals, 
        society and the environment, including those from 
        discharges or uncontrolled releases;
          (ii) at the design stage, conceptual plans and, as 
        necessary, technical provisions for the decommissioning 
        of a radioactive waste management facility other than a 
        disposal facility are taken into account;
          (iii) at the design stage, technical provisions for 
        the closure of a disposal facility are prepared;
          (iv) the technologies incorporated in the design and 
        construction of a radioactive waste management facility 
        are supported by experience, testing or analysis.

             Article 15. Assessment of Safety of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) before construction of a radioactive waste 
        management facility, a systematic safety assessment and 
        an environmental assessment appropriate to the hazard 
        presented by the facility and covering its operating 
        lifetime shall be carried out;
          (ii) in addition, before construction of a disposal 
        facility, a systematic safety assessment and an 
        environmental assessment for the period following 
        closure shall be carried out and the results evaluated 
        against the criteria established by the regulatory 
        body;
          (iii) before the operation of a radioactive waste 
        management facility, updated and detailed versions of 
        the safety assessment and of the environmental 
        assessment shall be prepared when deemed necessary to 
        complement the assessments referred to in paragraph 
        (i).

                  Article 16. Operation of Facilities

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) the licence to operate a radioactive waste 
        management facility is based upon appropriate 
        assessments as specified in Article 15 and is 
        conditional on the completion of a commissioning 
        programme demonstrating that the facility, as 
        constructed, is consistent with design and safety 
        requirements;
          (ii) operational limits and conditions, derived from 
        tests, operational experience and the assessments as 
        specified in Article 15 are defined and revised as 
        necessary;
          (iii) operation, maintenance, monitoring, inspection 
        and testing of a radioactive waste management facility 
        are conducted in accordance with established 
        procedures. For a disposal facility the results thus 
        obtained shall be used to verify and to review the 
        validity of assumptions made and to update the 
        assessments as specified in Article 15 for the period 
        after closure;
          (iv) engineering and technical support in all safety-
        related fields are available throughout the operating 
        lifetime of a radioactive waste management facility;
          (v) procedures for characterization and segregation 
        of radioactive waste are applied;
          (vi) incidents significant to safety are reported in 
        a timely manner by the holder of the licence to the 
        regulatory body;
          (vii) programmes to collect and analyse relevant 
        operating experience are established and that the 
        results are acted upon, where appropriate;
          (viii) decommissioning plans for a radioactive waste 
        management facility other than a disposal facility are 
        prepared and updated, as necessary, using information 
        obtained during the operating lifetime of that 
        facility, and are reviewed by the regulatory body;
          (ix) plans for the closure of a disposal facility are 
        prepared and updated, as necessary, using information 
        obtained during the operating lifetime of that facility 
        and are reviewed by the regulatory body.

            Article 17. Institutional Measures after Closure

    Each Contracting Party shall take the appropriate steps to 
ensure that after closure of a disposal facility:
          (i) records of the location, design and inventory of 
        that facility required by the regulatory body are 
        preserved;
          (ii) active or passive institutional controls such as 
        monitoring or access restrictions are carried out, if 
        required; and
          (iii) if, during any period of active institutional 
        control, an unplanned release of radioactive materials 
        into the environment is detected, intervention measures 
        are implemented, if necessary.

                  Chapter 4. General Safety Provisions

                   Article 18. Implementing Measures

    Each Contracting Party shall take, within the framework of 
its national law, the legislative, regulatory and 
administrative measures and other steps necessary for 
implementing its obligations under this Convention.

            Article 19. Legislative and Regulatory Framework

    1. Each Contracting Party shall establish and maintain a 
legislative and regulatory framework to govern the safety of 
spent fuel and radioactive waste management.
    2. This legislative and regulatory framework shall provide 
for:
          (i) the establishment of applicable national safety 
        requirements and regulations for radiation safety;
          (ii) a system of licensing of spent fuel and 
        radioactive waste management activities;
          (iii) a system of prohibition of the operation of a 
        spent fuel or radioactive waste management facility 
        without a licence;
          (iv) a system of appropriate institutional control, 
        regulatory inspection and documentation and reporting;
          (v) the enforcement of applicable regulations and of 
        the terms of the licences;
          (vi) a clear allocation of responsibilities of the 
        bodies involved in the different steps of spent fuel 
        and of radioactive waste management.
    3. When considering whether to regulate radioactive 
materials as radioactive waste, Contracting Parties shall take 
due account of the objectives of this Convention.

                      Article 20. Regulatory Body

    1. Each Contracting Party shall establish or designate a 
regulatory body entrusted with the implementation of the 
legislative and regulatory framework referred to in Article 19, 
and provided with adequate authority, competence and financial 
and human resources to fulfill its assigned responsibilities.
    2. Each Contracting Party, in accordance with its 
legislative and regulatory framework, shall take the 
appropriate steps to ensure the effective independence of the 
regulatory functions from other functions where organizations 
are involved in both spent fuel or radioactive waste management 
and in their regulation.

            Article 21. Responsibility of the Licence Holder

    1. Each Contracting Party shall ensure that prime 
responsibility for the safety of spent fuel or radioactive 
waste management rests with the holder of the relevant licence 
and shall take the appropriate steps to ensure that each such 
licence holder meets its responsibility.
    2. If there is no such licence holder or other responsible 
party, the responsibility rests with the Contracting Party 
which has jurisdiction over the spent fuel or over the 
radioactive waste.

               Article 22. Human and Financial Resources

    Each Contracting Party shall take the appropriate steps to 
ensure that:
          (i) qualified staff are available as needed for 
        safety-related activities during the operating lifetime 
        of a spent fuel and a radioactive waste management 
        facility;
          (ii) adequate financial resources are available to 
        support the safety of facilities for spent fuel and 
        radioactive waste management during their operating 
        lifetime and for decommissioning;
          (iii) financial provision is made which will enable 
        the appropriate institutional controls and monitoring 
        arrangements to be continued for the period deemed 
        necessary following the closure of a disposal facility.

                     Article 23. Quality Assurance

    Each Contracting Party shall take the necessary steps to 
ensure that appropriate quality assurance programmes concerning 
the safety of spent fuel and radioactive waste management are 
established and implemented.

              Article 24. Operational Radiation Protection

    1. Each Contracting Party shall take the appropriate steps 
to ensure that during the operating lifetime of a spent fuel or 
radioactive waste management facility:
          (i) the radiation exposure of the workers and the 
        public caused by the facility shall be kept as low as 
        reasonably achievable, economic and social factors 
        being taken into account;
          (ii) no individual shall be exposed, in normal 
        situations, to radiation doses which exceed national 
        prescriptions for dose limitation which have due regard 
        to internationally endorsed standards on radiation 
        protection; and
          (iii) measures are taken to prevent unplanned and 
        uncontrolled releases of radioactive materials into the 
        environment.
    2. Each Contracting Party shall take appropriate steps to 
ensure that discharges shall be limited:
          (i) to keep exposure to radiation as low as 
        reasonably achievable, economic and social factors 
        being taken into account; and
          (ii) so that no individual shall be exposed, in 
        normal situations, to radiation doses which exceed 
        national prescriptions for dose limitation which have 
        due regard to internationally endorsed standards on 
        radiation protection.
    3. Each Contracting Party shall take appropriate steps to 
ensure that during the operating lifetime of a regulated 
nuclear facility, in the event that an unplanned or 
uncontrolled release of radioactive materials into the 
environment occurs, appropriate corrective measures are 
implemented to control the release and mitigate its effects.

                   Article 25. Emergency Preparedness

    1. Each Contracting Party shall ensure that before and 
during operation of a spent fuel or radioactive waste 
management facility there are appropriate on-site and, if 
necessary, off-site emergency plans. Such emergency plans 
should be tested at an appropriate frequency.
    2. Each Contracting Party shall take the appropriate steps 
for the preparation and testing of emergency plans for its 
territory insofar as it is likely to be affected in the event 
of a radiological emergency at a spent fuel or radioactive 
waste management facility in the vicinity of its territory.

                      Article 26. Decommissioning

    Each Contracting Party shall take the appropriate steps to 
ensure the safety of decommissioning of a nuclear facility. 
Such steps shall ensure that:
          (i) qualified staff and adequate financial resources 
        are available;
          (ii) the provisions of Article 24 with respect to 
        operational radiation protection, discharges and 
        unplanned and uncontrolled releases are applied;
          (iii) the provisions of Article 25 with respect to 
        emergency preparedness are applied; and
          (iv) records of information important to 
        decommissioning are kept.

                  Chapter 5. Miscellaneous Provisions

                   Article 27. Transboundary Movement

    1. Each Contracting Party involved in transboundary 
movement shall take the appropriate steps to ensure that such 
movement is undertaken in a manner consistent with the 
provisions of this Convention and relevant binding 
international instruments.
    In so doing:
          (i) a Contracting Party which is a State of origin 
        shall take the appropriate steps to ensure that 
        transboundary movement is authorized and takes place 
        only with the prior notification and consent of the 
        State of destination;
          (ii) transboundary movement through States of transit 
        shall be subject to those international obligations 
        which are relevant to the particular modes of transport 
        utilized;
          (iii) a Contracting Party which is a State of 
        destination shall consent to a transboundary movement 
        only if it has the administrative and technical 
        capacity, as well as the regulatory structure, needed 
        to manage the spent fuel or the radioactive waste in a 
        manner consistent with this Convention;
          (iv) a Contracting Party which is a State of origin 
        shall authorize a transboundary movement only if it can 
        satisfy itself in accordance with the consent of the 
        State of destination that the requirements of 
        subparagraph (iii) are met prior to transboundary 
        movement;
          (v) a Contracting Party which is a State of origin 
        shall take the appropriate steps to permit re-entry 
        into its territory, if a transboundary movement is not 
        or cannot be completed in conformity with this Article, 
        unless an alternative safe arrangement can be made.
    2. A Contracting Party shall not licence the shipment of 
its spent fuel or radioactive waste to a destination south of 
latitude 60 degrees South for storage or disposal.
    3. Nothing in this Convention prejudices or affects:
          (i) the exercise, by ships and aircraft of all 
        States, of maritime, river and air navigation rights 
        and freedoms, as provided for in international law;
          (ii) rights of a Contracting Party to which 
        radioactive waste is exported for processing to return, 
        or provide for the return of, the radioactive waste and 
        other products after treatment to the State of origin;
          (iii) the right of a Contracting Party to export its 
        spent fuel for reprocessing;
          (iv) rights of a Contracting Party to which spent 
        fuel is exported for reprocessing to return, or provide 
        for the return of, radioactive waste and other products 
        resulting from reprocessing operations to the State of 
        origin.

                   Article 28. Disused Sealed Sources

    1. Each Contracting Party shall, in the framework of its 
national law, take the appropriate steps to ensure that the 
possession, remanufacturing or disposal of disused sealed 
sources takes place in a safe manner.
    2. A Contracting Party shall allow for reentry into its 
territory of disused sealed sources if, in the framework of its 
national law, it has accepted that they be returned to a 
manufacturer qualified to receive and possess the disused 
sealed sources.

             Chapter 6. Meetings of the Contracting Parties

                    Article 29. Preparatory Meeting

    1. A preparatory meeting of the Contracting Parties shall 
be held not later than six months after the date of entry into 
force of this Convention.
    2. At this meeting, the Contracting Parties shall:
          (i) determine the date for the first review meeting 
        as referred to in Article 30. This review meeting shall 
        be held as soon as possible, but not later than thirty 
        months after the date of entry into force of this 
        Convention;
          (ii) prepare and adopt by consensus Rules of 
        Procedure and Financial Rules;
          (iii) establish in particular and in accordance with 
        the Rules of Procedure:
                  (a) guidelines regarding the form and 
                structure of the national reports to be 
                submitted pursuant to Article 32;
                  (b) a date for the submission of such 
                reports;
                  (c) the process for reviewing such reports.
    3. Any State or regional organization of an integration or 
other nature which ratifies, accepts, approves, accedes to or 
confirms this Convention and for which the Convention is not 
yet in force, may attend the preparatory meeting as if it were 
a Party to this Convention.

                      Article 30. Review Meetings

    1. The Contracting Parties shall hold meetings for the 
purpose of reviewing the reports submitted pursuant to Article 
32.
    2. At each review meeting the Contracting Parties:
          (i) shall determine the date for the next such 
        meeting, the interval between review meetings not 
        exceeding three years;
          (ii) may review the arrangements established pursuant 
        to paragraph 2 of Article 29, and adopt revisions by 
        consensus unless otherwise provided for in the Rules of 
        Procedure. They may also amend the Rules of Procedure 
        and Financial Rules by consensus.
    3. At each review meeting each Contracting Party shall have 
a reasonable opportunity to discuss the reports submitted by 
other Contracting Parties and to seek clarification of such 
reports.

                   Article 31. Extraordinary Meetings

    An extraordinary meeting of the Contracting Parties shall 
be held:
          (i) if so agreed by a majority of the Contracting 
        Parties present and voting at a meeting; or
          (ii) at the written request of a Contracting Party, 
        within six months of this request having been 
        communicated to the Contracting Parties and 
        notification having been received by the secretariat 
        referred to in Article 37 that the request has been 
        supported by a majority of the Contracting Parties.

                         Article 32. Reporting

    1. In accordance with the provisions of Article 30, each 
Contracting Party shall submit a national report to each review 
meeting of Contracting Parties. This report shall address the 
measures taken to implement each of the obligations of the 
Convention. For each Contracting Party the report shall also 
address its:
          (i) spent fuel management policy;
          (ii) spent fuel management practices;
          (iii) radioactive waste management policy;
          (iv) radioactive waste management practices;
          (v) criteria used to define and categorize 
        radioactive waste.
    2. This report shall also include:
          (i) a list of the spent fuel management facilities 
        subject to this Convention, their location, main 
        purpose and essential features;
          (ii) an inventory of spent fuel that is subject to 
        this Convention and that is being held in storage and 
        of that which has been disposed of. This inventory 
        shall contain a description of the material and, if 
        available, give information on its mass and its total 
        activity;
          (iii) a list of the radioactive waste management 
        facilities subject to this Convention, their location, 
        main purpose and essential features;
          (iv) an inventory of radioactive waste that is 
        subject to this Convention that:
                  (a) is being held in storage at radioactive 
                waste management and nuclear fuel cycle 
                facilities;
                  (b) has been disposed of; or
                  (c) has resulted from past practices. This 
                inventory shall contain a description of the 
                material and other appropriate information 
                available, such as volume or mass, activity and 
                specific radionuclides;
          (v) a list of nuclear facilities in the process of 
        being decommissioned and the status of decommissioning 
        activities at those facilities.

                         Article 33. Attendance

    1. Each Contracting Party shall attend meetings of the 
Contracting Parties and be represented at such meetings by one 
delegate, and by such alternates, experts and advisers as it 
deems necessary.
    2. The Contracting Parties may invite, by consensus, any 
intergovernmental organization which is competent in respect of 
matters governed by this Convention to attend, as an observer, 
any meeting, or specific sessions thereof. Observers shall be 
required to accept in writing, and in advance, the provisions 
of Article 36.

                      Article 34. Summary Reports

    The Contracting Parties shall adopt, by consensus, and make 
available to the public a document addressing issues discussed 
and conclusions reached during meetings of the Contracting 
Parties.

                         Article 35. Languages

    1. The languages of meetings of the Contracting Parties 
shall be Arabic, Chinese, English, French, Russian and Spanish 
unless otherwise provided in the Rules of Procedure.
    2. Reports submitted pursuant to Article 32 shall be 
prepared in the national language of the submitting Contracting 
Party or in a single designated language to be agreed in the 
Rules of Procedure. Should the report be submitted in a 
national language other than the designated language, a 
translation of the report into the designated language shall be 
provided by the Contracting Party.
    3. Notwithstanding the provisions of paragraph 2, the 
secretariat, if compensated, will assume the translation of 
reports submitted in any other language of the meeting into the 
designated language.

                      Article 36. Confidentiality

    1. The provisions of this Convention shall not affect the 
rights and obligations of the Contracting Parties under their 
laws to protect information from disclosure. For the purposes 
of this article, ``information'' includes, inter alia, 
information relating to national security or to the physical 
protection of nuclear materials, information protected by 
intellectual property rights or by industrial or commercial 
confidentiality, and personal data.
    2. When, in the context of this Convention, a Contracting 
Party provides information identified by it as protected as 
described in paragraph 1, such information shall be used only 
for the purposes for which it has been provided and its 
confidentiality shall be respected.
    3. With respect to information relating to spent fuel or 
radioactive waste falling within the scope of this Convention 
by virtue of paragraph 3 of Article 3, the provisions of this 
Convention shall not affect the exclusive discretion of the 
Contracting Party concerned to decide:
          (i) whether such information is classified or 
        otherwise controlled to preclude release;
          (ii) whether to provide information referred to in 
        sub-paragraph (i) above in the context of the 
        Convention; and
          (iii) what conditions of confidentiality are attached 
        to such information if it is provided in the context of 
        this Convention.
    4. The content of the debates during the reviewing of the 
national reports at each review meeting held pursuant to 
Article 30 shall be confidential.

                        Article 37. Secretariat

    1. The International Atomic Energy Agency (hereinafter 
referred to as ``the Agency'') shall provide the secretariat 
for the meetings of the Contracting Parties.
    2. The secretariat shall:
          (i) convene, prepare and service the meetings of the 
        Contracting Parties referred to in Articles 29, 30 and 
        31;
          (ii) transmit to the Contracting Parties information 
        received or prepared in accordance with the provisions 
        of this Convention.
    The costs incurred by the Agency in carrying out the 
functions referred to in sub-paragraphs (i) and (ii) above 
shall be borne by the Agency as part of its regular budget.
    3. The Contracting Parties may, by consensus, request the 
Agency to provide other services in support of meetings of the 
Contracting Parties. The Agency may provide such services if 
they can be undertaken within its programme and regular budget. 
Should this not be possible, the Agency may provide such 
services if voluntary funding is provided from another source.

             Chapter 7. Final Clauses and Other Provisions

                Article 38. Resolution of Disagreements

    In the event of a disagreement between two or more 
Contracting Parties concerning the interpretation or 
application of this Convention, the Contracting Parties shall 
consult within the framework of a meeting of the Contracting 
Parties with a view to resolving the disagreement. In the event 
that the consultations prove unproductive, recourse can be made 
to the mediation, conciliation and arbitration mechanisms 
provided for in international law, including the rules and 
practices prevailing within the IAEA.

  Article 39. Signature, Ratification, Acceptance, Approval, Accession

    1. This Convention shall be open for signature by all 
States at the Headquarters of the Agency in Vienna from 29 
September 1997 until its entry into force.
    2. This Convention is subject to ratification, acceptance 
or approval by the signatory States.
    3. After its entry into force, this Convention shall be 
open for accession by all States.
    4. (i) This Convention shall be open for signature subject 
to confirmation, or accession by regional organizations of an 
integration or other nature, provided that any such 
organization is constituted by sovereign States and has 
competence in respect of the negotiation, conclusion and 
application of international agreements in matters covered by 
this Convention.
    (ii) In matters within their competence, such organizations 
shall, on their own behalf, exercise the rights and fulfil the 
responsibilities which this Convention attributes to States 
Parties.
    (iii) When becoming party to this Convention, such an 
organization shall communicate to the Depositary referred to in 
Article 43, a declaration indicating which States are members 
thereof, which Articles of this Convention apply to it, and the 
extent of its competence in the field covered by those 
articles.
    (iv) Such an organization shall not hold any vote 
additional to those of its Member States.
    5. Instruments of ratification, acceptance, approval, 
accession or confirmation shall be deposited with the 
Depositary.

                      Article 40. Entry into Force

    1. This Convention shall enter into force on the ninetieth 
day after the date of deposit with the Depositary of the 
twenty-fifth instrument of ratification, acceptance or 
approval, including the instruments of fifteen States each 
having an operational nuclear power plant.
    2. For each State or regional organization of an 
integration or other nature which ratifies, accepts, approves, 
accedes to or confirms this Convention after the date of 
deposit of the last instrument required to satisfy the 
conditions set forth in paragraph 1, this Convention shall 
enter into force on the ninetieth day after the date of deposit 
with the Depositary of the appropriate instrument by such a 
State or organization.

                Article 41. Amendments to the Convention

    1. Any Contracting Party may propose an amendment to this 
Convention. Proposed amendments shall be considered at a review 
meeting or at an extraordinary meeting.
    2. The text of any proposed amendment and the reasons for 
it shall be provided to the Depositary who shall communicate 
the proposal to the Contracting Parties at least ninety days 
before the meeting for which it is submitted for consideration. 
Any comments received on such a proposal shall be circulated by 
the Depositary to the Contracting Parties.
    3. The Contracting Parties shall decide after consideration 
of the proposed amendment whether to adopt it by consensus, or, 
in the absence of consensus, to submit it to a Diplomatic 
Conference. A decision to submit a proposed amendment to a 
Diplomatic Conference shall require a two-thirds majority vote 
of the Contracting Parties present and voting at the meeting, 
provided that at least one half of the Contracting Parties are 
present at the time of voting.
    4. The Diplomatic Conference to consider and adopt 
amendments to this Convention shall be convened by the 
Depositary and held no later than one year after the 
appropriate decision taken in accordance with paragraph 3 of 
this article. The Diplomatic Conference shall make every effort 
to ensure amendments are adopted by consensus. Should this not 
be possible, amendments shall be adopted with a two-thirds 
majority of all Contracting Parties.
    5. Amendments to this Convention adopted pursuant to 
paragraphs 3 and 4 above shall be subject to ratification, 
acceptance, approval, or confirmation by the Contracting 
Parties and shall enter into force for those Contracting 
Parties which have ratified, accepted, approved or confirmed 
them on the ninetieth day after the receipt by the Depositary 
of the relevant instruments of at least two thirds of the 
Contracting Parties. For a Contracting Party which subsequently 
ratifies, accepts, approves or confirms the said amendments, 
the amendments will enter into force on the ninetieth day after 
that Contracting Party has deposited its relevant instrument.

                        Article 42. Denunciation

    1. Any Contracting Party may denounce this Convention by 
written notification to the Depositary.
    2. Denunciation shall take effect one year following the 
date of the receipt of the notification by the Depositary, or 
on such later date as may be specified in the notification.

                         Article 43. Depositary

    1. The Director General of the Agency shall be the 
Depositary of this Convention.
    2. The Depositary shall inform the Contracting Parties of:
          (i) the signature of this Convention and of the 
        deposit of instruments of ratification, acceptance, 
        approval, accession or confirmation in accordance with 
        Article 39;
          (ii) the date on which the Convention enters into 
        force, in accordance with Article 40;
          (iii) the notifications of denunciation of the 
        Convention and the date thereof, made in accordance 
        with Article 42;
          (iv) the proposed amendments to this Convention 
        submitted by Contracting Parties, the amendments 
        adopted by the relevant Diplomatic Conference or by the 
        meeting of the Contracting Parties, and the date of 
        entry into force of the said amendments, in accordance 
        with Article 41.

                      Article 44. Authentic Texts

    The original of this Convention of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Depositary, who shall 
send certified copies thereof to the Contracting Parties.

    In witness whereof the undersigned, being duly authorized 
to that effect, have signed this Convention.

    Done at Vienna on the fifth day of September, one thousand 
nine hundred and ninety-seven.
 6. Montreal Protocol on Substances that Deplete the Ozone Layer, with 
                    annexes, as amended and adjusted

 Done at Montreal, September 16, 1987; Entered into force, January 1, 
 1989; Amended and adjusted, June 29, 1990, June 19-21, 1991, November 
 23-25, 1992, December 7, 1995, September 15-17, 1997, and December 3, 
                                  1999

    Montreal Protocol on Substances that Deplete the Ozone Layer \1\

                                Preamble

    The  Parties to this Protocol
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Convention, see 
Department of State publication, Treaties in Force.

    Being Parties to the Vienna Convention for the Protection 
---------------------------------------------------------------------------
of the Ozone Layer,

    Mindful of their obligation under that Convention to take 
appropriate measures to protect human health and the 
environment against adverse effects resulting or likely to 
result from human activities which modify or are likely to 
modify the ozone layer,

    Recognizing that world-wide emissions of certain substances 
can significantly deplete and otherwise modify the ozone layer 
in a manner that is likely to result in adverse effects on 
human health and the environment,

    Conscious of the potential climatic effects of emissions of 
these substances,

    Aware that measures taken to protect the ozone layer from 
depletion should be based on relevant scientific knowledge, 
taking into account technical and economic considerations,

    Determined to protect the ozone layer by taking 
precautionary measures to control equitably total global 
emissions of substances that deplete it, with the ultimate 
objective of their elimination on the basis of developments in 
scientific knowledge, taking into account technical and 
economic considerations and bearing in mind the developmental 
needs of developing countries,

    Acknowledging that special provision is required to meet 
the needs of developing countries, including the provision of 
additional financial resources and access to relevant 
technologies, bearing in mind that the magnitude of funds 
necessary is predictable, and the funds can be expected to make 
a substantial difference in the world's ability to address the 
scientifically established problem of ozone depletion and its 
harmful effects,

    Noting the precautionary measures for controlling emissions 
of certain chlorofluorocarbons that have already been taken at 
national and regional levels,

    Considering the importance of promoting international co-
operation in the research, development and transfer of 
alternative technologies relating to the control and reduction 
of emissions of substances that deplete the ozone layer, 
bearing in mind in particular the needs of developing 
countries,

    Have Agreed as Follows:

                         Article 1: Definitions

    For the purposes of this Protocol:
          1. ``Convention'' means the Vienna Convention for the 
        Protection of the Ozone Layer, adopted on 22 March 
        1985.
          2. ``Parties'' means, unless the text otherwise 
        indicates, Parties to this Protocol.
          3. ``Secretariat'' means the Secretariat of the 
        Convention.
          4. ``Controlled substance'' means a substance in 
        Annex A, Annex B, Annex C or Annex E to this Protocol, 
        whether existing alone or in a mixture. It includes the 
        isomers of any such substance, except as specified in 
        the relevant Annex, but excludes any controlled 
        substance or mixture which is in a manufactured product 
        other than a container used for the transportation or 
        storage of that substance.
          5. ``Production'' means the amount of controlled 
        substances produced, minus the amount destroyed by 
        technologies to be approved by the Parties and minus 
        the amount entirely used as feedstock in the 
        manufacture of other chemicals. The amount recycled and 
        reused is not to be considered as ``production''.
          6. ``Consumption'' means production plus imports 
        minus exports of controlled substances.
          7. ``Calculated levels'' of production, imports, 
        exports and consumption means levels determined in 
        accordance with Article 3.
          8. ``Industrial rationalization'' means the transfer 
        of all or a portion of the calculated level of 
        production of one Party to another, for the purpose of 
        achieving economic efficiencies or responding to 
        anticipated shortfalls in supply as a result of plant 
        closures.

                      Article 2: Control measures

    1. Incorporated in Article 2A.
    2. Replaced by Article 2B.
    3. Replaced by Article 2A.
    4. Replaced by Article 2A.
    5. Any Party may, for one or more control periods, transfer 
to another Party any portion of its calculated level of 
production set out in Articles 2A to 2F, and Article 2H, 
provided that the total combined calculated levels of 
production of the Parties concerned for any group of controlled 
substances do not exceed the production limits set out in those 
Articles for that group. Such transfer of production shall be 
notified to the Secretariat by each of the Parties concerned, 
stating the terms of such transfer and the period for which it 
is to apply.
    5 bis. Any Party not operating under paragraph 1 of Article 
5 may, for one or more control periods, transfer to another 
such Party any portion of its calculated level of consumption 
set out in Article 2F, provided that the calculated level of 
consumption of controlled substances in Group I of Annex A of 
the Party transferring the portion of its calculated level of 
consumption did not exceed 0.25 kilograms per capita in 1989 
and that the total combined calculated levels of consumption of 
the Parties concerned do not exceed the consumption limits set 
out in Article 2F. Such transfer of consumption shall be 
notified to the Secretariat by each of the Parties concerned, 
stating the terms of such transfer and the period for which it 
is to apply.
    6. Any Party not operating under Article 5, that has 
facilities for the production of Annex A or Annex B controlled 
substances under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation prior 
to 1 January 1987, may add the production from such facilities 
to its 1986 production of such substances for the purposes of 
determining its calculated level of production for 1986, 
provided that such facilities are completed by 31 December 1990 
and that such production does not raise that Party's annual 
calculated level of consumption of the controlled substances 
above 0.5 kilograms per capita.
    7. Any transfer of production pursuant to paragraph 5 or 
any addition of production pursuant to paragraph 6 shall be 
notified to the Secretariat, no later than the time of the 
transfer or addition.
    8. (a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 1 (6) 
of the Convention may agree that they shall jointly fulfil 
their obligations respecting consumption under this Article and 
Articles 2A to 2I provided that their total combined calculated 
level of consumption does not exceed the levels required by 
this Article and Articles 2A to 2I.
    (b) The Parties to any such agreement shall inform the 
Secretariat of the terms of the agreement before the date of 
the reduction in consumption with which the agreement is 
concerned.
    (c) Such agreement will become operative only if all Member 
States of the regional economic integration organization and 
the organization concerned are Parties to the Protocol and have 
notified the Secretariat of their manner of implementation.
    9. (a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
          (i) Adjustments to the ozone depleting potentials 
        specified in Annex A, Annex B, Annex C and/or Annex E 
        should be made and, if so, what the adjustments should 
        be; and
          (ii) Further adjustments and reductions of production 
        or consumption of the controlled substances should be 
        undertaken and, if so, what the scope, amount and 
        timing of any such adjustments and reductions should 
        be;
    (b) Proposals for such adjustments shall be communicated to 
the Parties by the Secretariat at least six months before the 
meeting of the Parties at which they are proposed for adoption;
    (c) In taking such decisions, the Parties shall make every 
effort to reach agreement by consensus. If all efforts at 
consensus have been exhausted, and no agreement reached, such 
decisions shall, as a last resort, be adopted by a two-thirds 
majority vote of the Parties present and voting representing a 
majority of the Parties operating under Paragraph 1 of Article 
5 present and voting and a majority of the Parties not so 
operating present and voting;
    (d) The decisions, which shall be binding on all Parties, 
shall forthwith be communicated to the Parties by the 
Depositary. Unless otherwise provided in the decisions, they 
shall enter into force on the expiry of six months from the 
date of the circulation of the communication by the Depositary.
    10. Based on the assessments made pursuant to Article 6 of 
this Protocol and in accordance with the procedure set out in 
Article 9 of the Convention, the Parties may decide:
          (a) whether any substances, and if so which, should 
        be added to or removed from any annex to this Protocol, 
        and
          (b) the mechanism, scope and timing of the control 
        measures that should apply to those substances;
    11. Notwithstanding the provisions contained in this 
Article and Articles 2A to 2I Parties may take more stringent 
measures than those required by this Article and Articles 2A to 
2I.

                            Article 2A: CFCs

    1. Each Party shall ensure that for the twelve-month period 
commencing on the first day of the seventh month following the 
date of entry into force of this Protocol, and in each twelve-
month period thereafter, its calculated level of consumption of 
the controlled substances in Group I of Annex A does not exceed 
its calculated level of consumption in 1986. By the end of the 
same period, each Party producing one or more of these 
substances shall ensure that its calculated level of production 
of the substances does not exceed its calculated level of 
production in 1986, except that such level may have increased 
by no more than ten per cent based on the 1986 level. Such 
increase shall be permitted only so as to satisfy the basic 
domestic needs of the Parties operating under Article 5 and for 
the purposes of industrial rationalization between Parties.
    2. Each Party shall ensure that for the period from 1 July 
1991 to 31 December 1992 its calculated levels of consumption 
and production of the controlled substances in Group I of Annex 
A do not exceed 150 per cent of its calculated levels of 
production and consumption of those substances in 1986; with 
effect from 1 January 1993, the twelve-month control period for 
these controlled substances shall run from 1 January to 31 
December each year.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1994, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not exceed, 
annually, twenty-five per cent of its calculated level of 
consumption in 1986. Each Party producing one or more of these 
substances shall, for the same periods, ensure that its 
calculated level of production of the substances does not 
exceed, annually, twenty-five per cent of its calculated level 
of production in 1986. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1986.
    4. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not exceed 
zero. Each Party producing one or more of these substances 
shall, for the same periods, ensure that its calculated level 
of production of the substances does not exceed zero. However, 
in order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated level 
of production may exceed that limit by a quantity equal to the 
annual average of its production of the controlled substances 
in Group I of Annex A for basic domestic needs for the period 
1995 to 1997 inclusive. This paragraph will apply save to the 
extent that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy uses 
agreed by them to be essential.
    5. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2003 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed eighty per cent of the annual average 
of its production of those substances for basic domestic needs 
for the period 1995 to 1997 inclusive.
    6. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2005 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed fifty per cent of the annual average 
of its production of those substances for basic domestic needs 
for the period 1995 to 1997 inclusive.
    7. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2007 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed fifteen per cent of the annual 
average of its production of those substances for basic 
domestic needs for the period 1995 to 1997 inclusive.
    8. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2010 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed zero.
    9. For the purposes of calculating basic domestic needs 
under paragraphs 4 to 8 of this Article, the calculation of the 
annual average of production by a Party includes any production 
entitlements that it has transferred in accordance with 
paragraph 5 of Article 2, and excludes any production 
entitlements that it has acquired in accordance with paragraph 
5 of Article 2.

                           Article 2B: Halons

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1992, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group II of Annex A does not exceed, 
annually, its calculated level of consumption in 1986. Each 
Party producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of production of 
the substances does not exceed, annually, its calculated level 
of production in 1986. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1986.
    2. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1994, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group II of Annex A does not exceed 
zero. Each Party producing one or more of these substances 
shall, for the same periods, ensure that its calculated level 
of production of the substances does not exceed zero. However, 
in order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated level 
of production may, until 1 January 2002 exceed that limit by up 
to fifteen per cent of its calculated level of production in 
1986; thereafter, it may exceed that limit by a quantity equal 
to the annual average of its production of the controlled 
substances in Group II of Annex A for basic domestic needs for 
the period 1995 to 1997 inclusive. This paragraph will apply 
save to the extent that the Parties decide to permit the level 
of production or consumption that is necessary to satisfy uses 
agreed by them to be essential.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2005 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group II of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed fifty per cent of the annual average 
of its production of those substances for basic domestic needs 
for the period 1995 to 1997 inclusive.
    4. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2010 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group II of Annex A for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed zero.

                Article 2C: Other fully halogenated cfcs

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1993, its calculated level of 
consumption of the controlled substances in Group I of Annex B 
does not exceed, annually, eighty per cent of its calculated 
level of consumption in 1989. Each Party producing one or more 
of these substances shall, for the same period, ensure that its 
calculated level of production of the substances does not 
exceed, annually, eighty per cent of its calculated level of 
production in 1989. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1989.
    2. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1994, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex B does not exceed, 
annually, twenty-five per cent of its calculated level of 
consumption in 1989. Each Party producing one or more of these 
substances shall, for the same periods, ensure that its 
calculated level of production of the substances does not 
exceed, annually, twenty-five per cent of its calculated level 
of production in 1989. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1989.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex B does not exceed 
zero. Each Party producing one or more of these substances 
shall, for the same periods, ensure that its calculated level 
of production of the substances does not exceed zero. However, 
in order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated level 
of production may, until 1 January 2003 exceed that limit by up 
to fifteen per cent of its calculated level of production in 
1989; thereafter, it may exceed that limit by a quantity equal 
to eighty per cent of the annual average of its production of 
the controlled substances in Group I of Annex B for basic 
domestic needs for the period 1998 to 2000 inclusive. This 
paragraph will apply save to the extent that the Parties decide 
to permit the level of production or consumption that is 
necessary to satisfy uses agreed by them to be essential.
    4. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2007 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex B for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed fifteen per cent of the annual 
average of its production of those substances for basic 
domestic needs for the period 1998 to 2000 inclusive.
    5. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2010 and in each twelve-month period 
thereafter, its calculated level of production of the 
controlled substances in Group I of Annex B for the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5 does not exceed zero.

                    Article 2D: Carbon tetrachloride

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1995, its calculated level of 
consumption of the controlled substance in Group II of Annex B 
does not exceed, annually, fifteen per cent of its calculated 
level of consumption in 1989. Each Party producing the 
substance shall, for the same period, ensure that its 
calculated level of production of the substance does not 
exceed, annually, fifteen per cent of its calculated level of 
production in 1989. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1989.
    2. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Group II of Annex B does not exceed 
zero. Each Party producing the substance shall, for the same 
periods, ensure that its calculated level of production of the 
substance does not exceed zero. However, in order to satisfy 
the basic domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of production 
may exceed that limit by up to fifteen per cent of its 
calculated level of production in 1989. This paragraph will 
apply save to the extent that the Parties decide to permit the 
level of production or consumption that is necessary to satisfy 
uses agreed by them to be essential.

         Article 2E: 1,1,1-Trichloroethane (methyl chloroform)

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1993, its calculated level of 
consumption of the controlled substance in Group III of Annex B 
does not exceed, annually, its calculated level of consumption 
in 1989. Each Party producing the substance shall, for the same 
period, ensure that its calculated level of production of the 
substance does not exceed, annually, its calculated level of 
production in 1989. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed that 
limit by up to ten per cent of its calculated level of 
production in 1989.
    2. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1994, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Group III of Annex B does not exceed, 
annually, fifty per cent of its calculated level of consumption 
in 1989. Each Party producing the substance shall, for the same 
periods, ensure that its calculated level of production of the 
substance does not exceed, annually, fifty per cent of its 
calculated level of production in 1989. However, in order to 
satisfy the basic domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of production 
may exceed that limit by up to ten per cent of its calculated 
level of production in 1989.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Group III of Annex B does not exceed 
zero. Each Party producing the substance shall, for the same 
periods, ensure that its calculated level of production of the 
substance does not exceed zero. However, in order to satisfy 
the basic domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of production 
may exceed that limit by up to fifteen per cent of its 
calculated level of production for 1989. This paragraph will 
apply save to the extent that the Parties decide to permit the 
level of production or consumption that is necessary to satisfy 
uses agreed by them to be essential.

                  Article 2F: Hydrochlorofluorocarbons

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed, 
annually, the sum of:
          (a) Two point eight per cent of its calculated level 
        of consumption in 1989 of the controlled substances in 
        Group I of Annex A; and
          (b) Its calculated level of consumption in 1989 of 
        the controlled substances in Group I of Annex C.
    2. Each Party shall ensure that for the twelve month period 
commencing on 1 January 2004, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed, 
annually, sixty-five per cent of the sum referred to in 
paragraph 1 of this Article.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2010, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed, 
annually, thirty-five per cent of the sum referred to in 
paragraph 1 of this Article.
    4. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2015, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed, 
annually, ten per cent of the sum referred to in paragraph 1 of 
this Article.
    5. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2020, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed, 
annually, zero point five per cent of the sum referred to in 
paragraph 1 of this Article. Such consumption shall, however, 
be restricted to the servicing of refrigeration and air 
conditioning equipment existing at that date.
    6. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2030, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex C does not exceed 
zero.
    7. As of 1 January 1996, each Party shall endeavour to 
ensure that:
          (a) The use of controlled substances in Group I of 
        Annex C is limited to those applications where other 
        more environmentally suitable alternative substances or 
        technologies are not available;
          (b) The use of controlled substances in Group I of 
        Annex C is not outside the areas of application 
        currently met by controlled substances in Annexes A, B 
        and C, except in rare cases for the protection of human 
        life or human health; and
          (c) Controlled substances in Group I of Annex C are 
        selected for use in a manner that minimizes ozone 
        depletion, in addition to meeting other environmental, 
        safety and economic considerations.
    8. Each Party producing one or more of these substances 
shall ensure that for the twelve-month period commencing on 1 
January 2004, and in each twelve-month period thereafter, its 
calculated level of production of the controlled substances in 
Group I of Annex C does not exceed, annually, the average of:
          (a) The sum of its calculated level of consumption in 
        1989 of the controlled substances in Group I of Annex C 
        and two point eight per cent of its calculated level of 
        consumption in 1989 of the controlled substances in 
        Group I of Annex A; and
          (b) The sum of its calculated level of production in 
        1989 of the controlled substances in Group I of Annex C 
        and two point eight per cent of its calculated level of 
        production in 1989 of the controlled substances in 
        Group I of Annex A. However, in order to satisfy the 
        basic domestic needs of the Parties operating under 
        paragraph 1 of Article 5, its calculated level of 
        production may exceed that limit by up to fifteen per 
        cent of its calculated level of production of the 
        controlled substances in Group I of Annex C as defined 
        above.

                  Article 2G: Hydrobromofluorocarbons

    Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1996, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group II of Annex C does not exceed 
zero. Each Party producing the substances shall, for the same 
periods, ensure that its calculated level of production of the 
substances does not exceed zero. This paragraph will apply save 
to the extent that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy uses 
agreed by them to be essential.

                       Article 2H: Methyl bromide

    1. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1995, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Annex E does not exceed, annually, its 
calculated level of consumption in 1991. Each Party producing 
the substance shall, for the same period, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 1991. 
However, in order to satisfy the basic domestic needs of the 
Parties operating under paragraph 1 of Article 5, its 
calculated level of production may exceed that limit by up to 
ten per cent of its calculated level of production in 1991.
    2. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 1999, and in the twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Annex E does not exceed, annually, 
seventy-five per cent of its calculated level of consumption in 
1991. Each Party producing the substance shall, for the same 
periods, ensure that its calculated level of production of the 
substance does not exceed, annually, seventy-five per cent of 
its calculated level of production in 1991. However, in order 
to satisfy the basic domestic needs of the Parties operating 
under paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to ten per cent of its 
calculated level of production in 1991.
    3. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2001, and in the twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Annex E does not exceed, annually, 
fifty per cent of its calculated level of consumption in 1991. 
Each Party producing the substance shall, for the same periods, 
ensure that its calculated level of production of the substance 
does not exceed, annually, fifty per cent of its calculated 
level of production in 1991. However, in order to satisfy the 
basic domestic needs of the Parties operating under paragraph 1 
of Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level of 
production in 1991.
    4. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2003, and in the twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Annex E does not exceed, annually, 
thirty per cent of its calculated level of consumption in 1991. 
Each Party producing the substance shall, for the same periods, 
ensure that its calculated level of production of the substance 
does not exceed, annually, thirty per cent of its calculated 
level of production in 1991. However, in order to satisfy the 
basic domestic needs of the Parties operating under paragraph 1 
of Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level of 
production in 1991.
    5. Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2005, and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substance in Annex E does not exceed zero. Each 
Party producing the substance shall, for the same periods, 
ensure that its calculated level of production of the substance 
does not exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may, until 1 
January 2002 exceed that limit by up to fifteen per cent of its 
calculated level of production in 1991; thereafter, it may 
exceed that limit by a quantity equal to the annual average of 
its production of the controlled substance in Annex E for basic 
domestic needs for the period 1995 to 1998 inclusive. This 
paragraph will apply save to the extent that the Parties decide 
to permit the level of production or consumption that is 
necessary to satisfy uses agreed by them to be critical uses.
    5 bis. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005 and in each twelve-month 
period thereafter, its calculated level of production of the 
controlled substance in Annex E for the basic domestic needs of 
the Parties operating under paragraph 1 of Article 5 does not 
exceed eighty per cent of the annual average of its production 
of the substance for basic domestic needs for the period 1995 
to 1998 inclusive.
    5 ter. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2015 and in each twelve-month 
period thereafter, its calculated level of production of the 
controlled substance in Annex E for the basic domestic needs of 
the Parties operating under paragraph 1 of Article 5 does not 
exceed zero.
    6. The calculated levels of consumption and production 
under this Article shall not include the amounts used by the 
Party for quarantine and pre-shipment applications.

                     Article 2I: Bromochloromethane

    Each Party shall ensure that for the twelve-month period 
commencing on 1 January 2002, and in each twelve-month period 
thereafter, its calculated level of consumption and production 
of the controlled substance in Group III of Annex C does not 
exceed zero. This paragraph will apply save to the extent that 
the Parties decide to permit the level of production or 
consumption that is necessary to satisfy uses agreed by them to 
be essential.

                Article 3: Calculation of control levels

    For the purposes of Articles 2, 2A to 2I and 5, each Party 
shall, for each group of substances in Annex A, Annex B, Annex 
C or Annex E determine its calculated levels of:
          (a) Production by:
                  (i) multiplying its annual production of each 
                controlled substance by the ozone depleting 
                potential specified in respect of it in Annex 
                A, Annex B, Annex C or Annex E;
                  (ii) adding together, for each such Group, 
                the resulting figures;
          (b) Imports and exports, respectively, by following, 
        mutatis mutandis, the procedure set out in subparagraph 
        (a); and
          (c) Consumption by adding together its calculated 
        levels of production and imports and subtracting its 
        calculated level of exports as determined in accordance 
        with subparagraphs (a) and (b). However, beginning on 1 
        January 1993, any export of controlled substances to 
        non-Parties shall not be subtracted in calculating the 
        consumption level of the exporting Party.

              Article 4: Control of trade with non-Parties

    1. As of 1 January 1990, each party shall ban the import of 
the controlled substances in Annex A from any State not party 
to this Protocol.
    1 bis. Within one year of the date of the entry into force 
of this paragraph, each Party shall ban the import of the 
controlled substances in Annex B from any State not party to 
this Protocol.
    1 ter. Within one year of the date of entry into force of 
this paragraph, each Party shall ban the import of any 
controlled substances in Group II of Annex C from any State not 
party to this Protocol.
    1 qua. Within one year of the date of entry into force of 
this paragraph, each Party shall ban the import of the 
controlled substance in Annex E from any State not party to 
this Protocol.
    1 quin. As of 1 January 2004, each Party shall ban the 
import of the controlled substances in Group I of Annex C from 
any State not party to this Protocol.
    1 sex. Within one year of the date of entry into force of 
this paragraph, each Party shall ban the import of the 
controlled substance in Group III of Annex C from any State not 
party to this Protocol.
    2. As of 1 January 1993, each Party shall ban the export of 
any controlled substances in Annex A to any State not party to 
this Protocol.
    2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export of any 
controlled substances in Annex B to any State not party to this 
Protocol.
    2 ter. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export of any 
controlled substances in Group II of Annex C to any State not 
party to this Protocol.
    2 qua. Commencing one year of the date of entry into force 
of this paragraph, each Party shall ban the export of the 
controlled substance in Annex E to any State not party to this 
Protocol.
    2 quin. As of 1 January 2004, each Party shall ban the 
export of the controlled substances in Group I of Annex C to 
any State not party to this Protocol.
    2 sex. Within one year of the date of entry into force of 
this paragraph, each Party shall ban the export of the 
controlled substance in Group III of Annex C to any State not 
party to this Protocol.
    3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in an 
annex a list of products containing controlled substances in 
Annex A. Parties that have not objected to the annex in 
accordance with those procedures shall ban, within one year of 
the annex having become effective, the import of those products 
from any State not party to this Protocol.
    3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in an 
annex a list of products containing controlled substances in 
Annex B. Parties that have not objected to the annex in 
accordance with those procedures shall ban, within one year of 
the annex having become effective, the import of those products 
from any State not party to this Protocol.
    3 ter. Within three years of the date of entry into force 
of this paragraph, the Parties shall, following the procedures 
in Article 10 of the Convention, elaborate in an annex a list 
of products containing controlled substances in Group II of 
Annex C. Parties that have not objected to the annex in 
accordance with those procedures shall ban, within one year of 
the annex having become effective, the import of those products 
from any State not party to this Protocol.
    4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not party to 
this Protocol, the import of products produced with, but not 
containing, controlled substances in Annex A. If determined 
feasible, the Parties shall, following the procedures in 
Article 10 of the Convention, elaborate in an annex a list of 
such products. Parties that have not objected to the annex in 
accordance with those procedures shall ban, within one year of 
the annex having become effective, the import of those products 
from any State not party to this Protocol.
    4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not party to 
this Protocol, the import of products produced with, but not 
containing, controlled substances in Annex B. If determined 
feasible, the Parties shall, following the procedures in 
Article 10 of the Convention, elaborate in an annex a list of 
such products. Parties that have not objected to the annex in 
accordance with those procedures shall ban or restrict, within 
one year of the annex having become effective, the import of 
those products from any State not party to this Protocol.
    4 ter. Within five years of the date of entry into force of 
this paragraph, the Parties shall determine the feasibility of 
banning or restricting, from States not party to this Protocol, 
the import of products produced with, but not containing, 
controlled substances in Group II of Annex C. If determined 
feasible, the Parties shall, following the procedures in 
Article 10 of the Convention, elaborate in an annex a list of 
such products. Parties that have not objected to the annex in 
accordance with those procedures shall ban or restrict, within 
one year of the annex having become effective, the import of 
those products from any State not party to this Protocol.
    5. Each Party undertakes to the fullest practicable extent 
to discourage the export to any State not party to this 
Protocol of technology for producing and for utilizing 
controlled substances in Annexes A, B, C and E.
    6. Each Party shall refrain from providing new subsidies, 
aid, credits, guarantees or insurance programmes for the export 
to States not party to this Protocol of products, equipment, 
plants or technology that would facilitate the production of 
controlled substances in Annexes A, B, C and E.
    7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the containment, 
recovery, recycling or destruction of controlled substances, 
promote the development of alternative substances, or otherwise 
contribute to the reduction of emissions of controlled 
substances in Annexes A, B, C and E.
    8. Notwithstanding the provisions of this Article, imports 
and exports referred to in paragraphs 1 to 4 ter of this 
Article may be permitted from, or to, any State not party to 
this Protocol, if that State is determined, by a meeting of the 
Parties, to be in full compliance with Article 2, Articles 2A 
to 2I and this Article, and have submitted data to that effect 
as specified in Article 7.
    9. For the purposes of this Article, the term ``State not 
party to this Protocol'' shall include, with respect to a 
particular controlled substance, a State or regional economic 
integration organization that has not agreed to be bound by the 
control measures in effect for that substance.
    10. By 1 January 1996, the Parties shall consider whether 
to amend this Protocol in order to extend the measures in this 
Article to trade in controlled substances in Group I of Annex C 
and in Annex E with States not party to the Protocol.

               Article 4A: Control of trade with Parties

    1. Where, after the phase-out date applicable to it for a 
controlled substance, a Party is unable, despite having taken 
all practicable steps to comply with its obligation under the 
Protocol, to cease production of that substance for domestic 
consumption, other than for uses agreed by the Parties to be 
essential, it shall ban the export of used, recycled and 
reclaimed quantities of that substance, other than for the 
purpose of destruction.
    2. Paragraph 1 of this Article shall apply without 
prejudice to the operation of Article 11 of the Convention and 
the noncompliance procedure developed under Article 8 of the 
Protocol.

                         Article 4B: Licensing

    1. Each Party shall, by 1 January 2000 or within three 
months of the date of entry into force of this Article for it, 
whichever is the later, establish and implement a system for 
licensing the import and export of new, used, recycled and 
reclaimed controlled substances in Annexes A, B, C and E.
    2. Notwithstanding paragraph 1 of this Article, any Party 
operating under paragraph 1 of Article 5 which decides it is 
not in a position to establish and implement a system for 
licensing the import and export of controlled substances in 
Annexes C and E, may delay taking those actions until 1 January 
2005 and 1 January 2002, respectively.
    3. Each Party shall, within three months of the date of 
introducing its licensing system, report to the Secretariat on 
the establishment and operation of that system.
    4. The Secretariat shall periodically prepare and circulate 
to all Parties a list of the Parties that have reported to it 
on their licensing systems and shall forward this information 
to the Implementation Committee for consideration and 
appropriate recommendations to the Parties.

          Article 5: Special situation of developing countries

    1. Any Party that is a developing country and whose annual 
calculated level of consumption of the controlled substances in 
Annex A is less than 0.3 kilograms per capita on the date of 
the entry into force of the Protocol for it, or any time 
thereafter until 1 January 1999, shall, in order to meet its 
basic domestic needs, be entitled to delay for ten years its 
compliance with the control measures set out in Articles 2A to 
2E, provided that any further amendments to the adjustments or 
Amendment adopted at the Second Meeting of the Parties in 
London, 29 June 1990, shall apply to the Parties operating 
under this paragraph after the review provided for in paragraph 
8 of this Article has taken place and shall be based on the 
conclusions of that review.
    1 bis. The Parties shall, taking into account the review 
referred to in paragraph 8 of this Article, the assessments 
made pursuant to Article 6 and any other relevant information, 
decide by 1 January 1996, through the procedure set forth in 
paragraph 9 of Article 2:
          (a) With respect to paragraphs 1 to 6 of Article 2F, 
        what base year, initial levels, control schedules and 
        phase-out date for consumption of the controlled 
        substances in Group I of Annex C will apply to Parties 
        operating under paragraph 1 of this Article;
          (b) With respect to Article 2G, what phase-out date 
        for production and consumption of the controlled 
        substances in Group II of Annex C will apply to Parties 
        operating under paragraph 1 of this Article; and
          (c) With respect to Article 2H, what base year, 
        initial levels and control schedules for consumption 
        and production of the controlled substance in Annex E 
        will apply to Parties operating under paragraph 1 of 
        this Article.
    2. However, any Party operating under paragraph 1 of this 
Article shall exceed neither an annual calculated level of 
consumption of the controlled substances in Annex A of 0.3 
kilograms per capita nor an annual calculated level of 
consumption of controlled substances of Annex B of 0.2 
kilograms per capita.
    3. When implementing the control measures set out in 
Articles 2A to 2E, any Party operating under paragraph 1 of 
this Article shall be entitled to use:
          (a) For controlled substances under Annex A, either 
        the average of its annual calculated level of 
        consumption for the period 1995 to 1997 inclusive or a 
        calculated level of consumption of 0.3 kilograms per 
        capita, whichever is the lower, as the basis for 
        determining its compliance with the control measures 
        relating to consumption.
          (b) For controlled substances under Annex B, the 
        average of its annual calculated level of consumption 
        for the period 1998 to 2000 inclusive or a calculated 
        level of consumption of 0.2 kilograms per capita, 
        whichever is the lower, as the basis for determining 
        its compliance with the control measures relating to 
        consumption.
          (c) For controlled substances under Annex A, either 
        the average of its annual calculated level of 
        production for the period 1995 to 1997 inclusive or a 
        calculated level of production of 0.3 kilograms per 
        capita, whichever is the lower, as the basis for 
        determining its compliance with the control measures 
        relating to production.
          (d) For controlled substances under Annex B, either 
        the average of its annual calculated level of 
        production for the period 1998 to 2000 inclusive or a 
        calculated level of production of 0.2 kilograms per 
        capita, whichever is the lower, as the basis for 
        determining its compliance with the control measures 
        relating to production.
    4. If a Party operating under paragraph 1 of this Article, 
at any time before the control measures obligations in Articles 
2A to 2I become applicable to it, finds itself unable to obtain 
an adequate supply of controlled substances, it may notify this 
to the Secretariat. The Secretariat shall forthwith transmit a 
copy of such notification to the Parties, which shall consider 
the matter at their next Meeting, and decide upon appropriate 
action to be taken.
    5. Developing the capacity to fulfil the obligations of the 
Parties operating under paragraph 1 of this Article to comply 
with the control measures set out in Articles 2A to 2E and 
Article 2I, and any control measures in Articles 2F to 2H that 
are decided pursuant to paragraph 1 bis of this Article, and 
their implementation by those same Parties will depend upon the 
effective implementation of the financial co-operation as 
provided by Article 10 and the transfer of technology as 
provided by Article 10A.
    6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing that, 
having taken all practicable steps it is unable to implement 
any or all of the obligations laid down in Articles 2A to 2E 
and Article 2I, or any or all obligations in Articles 2F to 2H 
that are decided pursuant to paragraph 1 bis of this Article, 
due to the inadequate implementation of Articles 10 and 10A. 
The Secretariat shall forthwith transmit a copy of the 
notification to the Parties, which shall consider the matter at 
their next Meeting, giving due recognition to paragraph 5 of 
this Article and shall decide upon appropriate action to be 
taken.
    7. During the period between notification and the Meeting 
of the Parties at which the appropriate action referred to in 
paragraph 6 above is to be decided, or for a further period if 
the Meeting of the Parties so decides, the non-compliance 
procedures referred to in Article 8 shall not be invoked 
against the notifying Party.
    8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under paragraph 1 
of this Article, including the effective implementation of 
financial co-operation and transfer of technology to them, and 
adopt such revisions that may be deemed necessary regarding the 
schedule of control measures applicable to those Parties.
    8 bis. Based on the conclusions of the review referred to 
in paragraph 8 above:
          (a) With respect to the controlled substances in 
        Annex A, a Party operating under paragraph 1 of this 
        Article shall, in order to meet its basic domestic 
        needs, be entitled to delay for ten years its 
        compliance with the control measures adopted by the 
        Second Meeting of the Parties in London, 29 June 1990, 
        and reference by the Protocol to Articles 2A and 2B 
        shall be read accordingly;
          (b) With respect to the controlled substances in 
        Annex B, a Party operating under paragraph 1 of this 
        Article shall, in order to meet its basic domestic 
        needs, be entitled to delay for ten years its 
        compliance with the control measures adopted by the 
        Second Meeting of the Parties in London, 29 June 1990, 
        and reference by the Protocol to Articles 2C to 2E 
        shall be read accordingly.
    8 ter. Pursuant to paragraph 1 bis above:
          (a) Each Party operating under paragraph 1 of this 
        Article shall ensure that for the twelve-month period 
        commencing on 1 January 2016, and in each twelve-month 
        period thereafter, its calculated level of consumption 
        of the controlled substances in Group I of Annex C does 
        not exceed, annually, its calculated level of 
        consumption in 2015. As of 1 January 2016 each Party 
        operating under paragraph 1 of this Article shall 
        comply with the control measures set out in paragraph 8 
        of Article 2F and, as the basis for its compliance with 
        these control measures, it shall use the average of its 
        calculated levels of production and consumption in 
        2015;
          (b) Each Party operating under paragraph 1 of this 
        Article shall ensure that for the twelve-month period 
        commencing on 1 January 2040, and in each twelve-month 
        period thereafter, its calculated level of consumption 
        of the controlled substances in Group I of Annex C does 
        not exceed zero;
          (c) Each Party operating under paragraph 1 of this 
        Article shall comply with Article 2G;
          (d) With regard to the controlled substance contained 
        in Annex E:
                  (i) As of 1 January 2002 each Party operating 
                under paragraph 1 of this Article shall comply 
                with the control measures set out in paragraph 
                1 of Article 2H and, as the basis for its 
                compliance with these control measures, it 
                shall use the average of its annual calculated 
                level of consumption and production, 
                respectively, for the period of 1995 to 1998 
                inclusive;
                  (ii) Each Party operating under paragraph 1 
                of this Article shall ensure that for the 
                twelve-month period commencing on 1 January 
                2005, and in each twelve-month period 
                thereafter, its calculated levels of 
                consumption and production of the controlled 
                substance in Annex E do not exceed, annually, 
                eighty per cent of the average of its annual 
                calculated levels of consumption and 
                production, respectively, for the period of 
                1995 to 1998 inclusive;
                  (iii) Each Party operating under paragraph 1 
                of this Article shall ensure that for the 
                twelve-month period commencing on 1 January 
                2015 and in each twelve-month period 
                thereafter, its calculated levels of 
                consumption and production of the controlled 
                substance in Annex E do not exceed zero. This 
                paragraph will apply save to the extent that 
                the Parties decide to permit the level of 
                production or consumption that is necessary to 
                satisfy uses agreed by them to be critical 
                uses;
                  (iv) The calculated levels of consumption and 
                production under this subparagraph shall not 
                include the amounts used by the Party for 
                quarantine and pre-shipment applications.
    9. Decisions of the Parties referred to in paragraph 4, 6 
and 7 of this Article shall be taken according to the same 
procedure applied to decision-making under Article 10.

          Article 6: Assessment and review of control measures

    Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control measures 
provided for in Article 2 and Articles 2A to 2I on the basis of 
available scientific, environmental, technical and economic 
information. At least one year before each assessment, the 
Parties shall convene appropriate panels of experts qualified 
in the fields mentioned and determine the composition and terms 
of reference of any such panels. Within one year of being 
convened, the panels will report their conclusions, through the 
Secretariat, to the Parties.

                      Article 7: Reporting of data

    1. Each Party shall provide to the Secretariat, within 
three months of becoming a Party, statistical data on its 
production, imports and exports of each of the controlled 
substances in Annex A for the year 1986, or the best possible 
estimates of such data where actual data are not available.
    2. Each Party shall provide to the Secretariat statistical 
data on its production, imports and exports of each of the 
controlled substances
          --in Annex B and Annexes I and II of Group C for the 
        year 1989;
          --in Annex E, for the year 1991,
        or the best possible estimates of such data where 
        actual data are not available, not later than three 
        months after the date when the provisions set out in 
        the Protocol with regard to the substances in Annexes 
        B, C and E respectively enter into force for that 
        Party.
    3. Each Party shall provide to the Secretariat statistical 
data on its annual production (as defined in paragraph 5 of 
Article 1) of each of the controlled substances listed in 
Annexes A, B, C and E and, separately, for each substance,
          --Amounts used for feedstocks,
          --Amounts destroyed by technologies approved by the 
        Parties, and
          --Imports from and exports to Parties and non-Parties 
        respectively,
        for the year during which provisions concerning the 
        substances in Annexes A, B, C and E respectively 
        entered into force for that Party and for each year 
        thereafter. Each Party shall provide to the Secretariat 
        statistical data on the annual amount of the controlled 
        substance listed in Annex E used for quarantine and 
        pre-shipment applications. Data shall be forwarded not 
        later than nine months after the end of the year to 
        which the data relate.
    3 bis. Each Party shall provide to the Secretariat separate 
statistical data of its annual imports and exports of each of 
the controlled substances listed in Group II of Annex A and 
Group I of Annex C that have been recycled.
    4. For Parties operating under the provisions of paragraph 
8 (a) of Article 2, the requirements in paragraphs 1, 2, 3 and 
3 bis of this Article in respect of statistical data on imports 
and exports shall be satisfied if the regional economic 
integration organization concerned provides data on imports and 
exports between the organization and States that are not 
members of that organization.

                       Article 8: Non-compliance

    The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for determining 
noncompliance with the provisions of this Protocol and for 
treatment of Parties found to be in non-compliance.

  Article 9: Research, development, public awareness and exchange of 
                              information

    1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, in 
promoting, directly or through competent international bodies, 
research, development and exchange of information on:
          (a) best technologies for improving the containment, 
        recovery, recycling, or destruction of controlled 
        substances or otherwise reducing their emissions;
          (b) possible alternatives to controlled substances, 
        to products containing such substances, and to products 
        manufactured with them; and
          (c) costs and benefits of relevant control 
        strategies.
    2. The Parties, individually, jointly or through competent 
international bodies, shall co-operate in promoting public 
awareness of the environmental effects of the emissions of 
controlled substances and other substances that deplete the 
ozone layer.
    3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party shall 
submit to the Secretariat a summary of the activities it has 
conducted pursuant to this Article.

                    Article 10: Financial mechanism

    1. The Parties shall establish a mechanism for the purposes 
of providing financial and technical co-operation, including 
the transfer of technologies, to Parties operating under 
paragraph 1 of Article 5 of this Protocol to enable their 
compliance with the control measures set out in Articles 2A to 
2E and Article 2I, and any control measures in Articles 2F to 
2H that are decided pursuant to paragraph 1 bis of Article 5 of 
the Protocol. The mechanism, contributions to which shall be 
additional to other financial transfers to Parties operating 
under that paragraph, shall meet all agreed incremental costs 
of such Parties in order to enable their compliance with the 
control measures of the Protocol. An indicative list of the 
categories of incremental costs shall be decided by the meeting 
of the Parties.
    2. The mechanism established under paragraph 1 shall 
include a Multilateral Fund. It may also include other means of 
multilateral, regional and bilateral co-operation.
    3. The Multilateral Fund shall:
          (a) Meet, on a grant or concessional basis as 
        appropriate, and according to criteria to be decided 
        upon by the Parties, the agreed incremental costs;
          (b) Finance clearing-house functions to:
                  (i) Assist Parties operating under paragraph 
                1 of Article 5, through country specific 
                studies and other technical co-operation, to 
                identify their needs for co-operation;
                  (ii) Facilitate technical co-operation to 
                meet these identified needs;
                  (iii) Distribute, as provided for in Article 
                9, information and relevant materials, and hold 
                workshops, training sessions, and other related 
                activities, for the benefit of Parties that are 
                developing countries; and
                  (iv) Facilitate and monitor other 
                multilateral, regional and bilateral co-
                operation available to Parties that are 
                developing countries;
          (c) Finance the secretarial services of the 
        Multilateral Fund and related support costs.
    4. The Multilateral Fund shall operate under the authority 
of the Parties who shall decide on its overall policies.
    5. The Parties shall establish an Executive Committee to 
develop and monitor the implementation of specific operational 
policies, guidelines and administrative arrangements, including 
the disbursement of resources, for the purpose of achieving the 
objectives of the Multilateral Fund. The Executive Committee 
shall discharge its tasks and responsibilities, specified in 
its terms of reference as agreed by the Parties, with the co-
operation and assistance of the International Bank for 
Reconstruction and Development (World Bank), the United Nations 
Environment Programme, the United Nations Development Programme 
or other appropriate agencies depending on their respective 
areas of expertise. The members of the Executive Committee, 
which shall be selected on the basis of a balanced 
representation of the Parties operating under paragraph 1 of 
Article 5 and of the Parties not so operating, shall be 
endorsed by the Parties.
    6. The Multilateral Fund shall be financed by contributions 
from Parties not operating under paragraph 1 of Article 5 in 
convertible currency or, in certain circumstances, in kind and/
or in national currency, on the basis of the United Nations 
scale of assessments. Contributions by other Parties shall be 
encouraged. Bilateral and, in particular cases agreed by a 
decision of the Parties, regional co-operation may, up to a 
percentage and consistent with any criteria to be specified by 
decision of the Parties, be considered as a contribution to the 
Multilateral Fund, provided that such co-operation, as a 
minimum:
          (a) Strictly relates to compliance with the 
        provisions of this Protocol;
          (b) Provides additional resources; and
          (c) Meets agreed incremental costs.
    7. The Parties shall decide upon the programme budget of 
the Multilateral Fund for each fiscal period and upon the 
percentage of contributions of the individual Parties thereto.
    8. Resources under the Multilateral Fund shall be disbursed 
with the concurrence of the beneficiary Party.
    9. Decisions by the Parties under this Article shall be 
taken by consensus whenever possible. If all efforts at 
consensus have been exhausted and no agreement reached, 
decisions shall be adopted by a two-thirds majority vote of the 
Parties present and voting, representing a majority of the 
Parties operating under paragraph 1 of Article 5 present and 
voting and a majority of the Parties not so operating present 
and voting.
    10. The financial mechanism set out in this Article is 
without prejudice to any future arrangements that may be 
developed with respect to other environmental issues.

                  Article 10A: Transfer of technology

    Each Party shall take every practicable step, consistent 
with the programmes supported by the financial mechanism, to 
ensure:
          (a) that the best available, environmentally safe 
        substitutes and related technologies are expeditiously 
        transferred to Parties operating under paragraph 1 of 
        Article 5; and
          (b) that the transfers referred to in subparagraph 
        (a) occur under fair and most favourable conditions.

                  Article 11: Meetings of the parties

    1. The Parties shall hold meetings at regular intervals. 
The Secretariat shall convene the first meeting of the Parties 
not later than one year after the date of the entry into force 
of this Protocol and in conjunction with a meeting of the 
Conference of the Parties to the Convention, if a meeting of 
the latter is scheduled within that period.
    2. Subsequent ordinary meetings of the parties shall be 
held, unless the Parties otherwise decide, in conjunction with 
meetings of the Conference of the Parties to the Convention. 
Extraordinary meetings of the Parties shall be held at such 
other times as may be deemed necessary by a meeting of the 
Parties, or at the written request of any Party, provided that 
within six months of such a request being communicated to them 
by the Secretariat, it is supported by at least one third of 
the Parties.
    3. The Parties, at their first meeting, shall:
          (a) adopt by consensus rules of procedure for their 
        meetings;
          (b) adopt by consensus the financial rules referred 
        to in paragraph 2 of Article 13;
          (c) establish the panels and determine the terms of 
        reference referred to in Article 6;
          (d) consider and approve the procedures and 
        institutional mechanisms specified in Article 8; and
          (e) begin preparation of workplans pursuant to 
        paragraph 3 of Article 10.
    4. The functions of the meetings of the Parties shall be 
to:
          (a) review the implementation of this Protocol;
          (b) decide on any adjustments or reductions referred 
        to in paragraph 9 of Article 2;
          (c) decide on any addition to, insertion in or 
        removal from any annex of substances and on related 
        control measures in accordance with paragraph 10 of 
        Article 2;
          (d) establish, where necessary, guidelines or 
        procedures for reporting of information as provided for 
        in Article 7 and paragraph 3 of Article 9;
          (e) review requests for technical assistance 
        submitted pursuant to paragraph 2 of Article 10;
          (f) review reports prepared by the secretariat 
        pursuant to subparagraph (c) of Article 12;
          (g) assess, in accordance with Article 6, the control 
        measures;
          (h) consider and adopt, as required, proposals for 
        amendment of this Protocol or any annex and for any new 
        annex;
          (i) consider and adopt the budget for implementing 
        this Protocol; and
          (j) consider and undertake any additional action that 
        may be required for the achievement of the purposes of 
        this Protocol.
    5. The United Nations, its specialized agencies and the 
International Atomic Energy Agency, as well as any State not 
party to this Protocol, may be represented at meetings of the 
Parties as observers. Any body or agency, whether national or 
international, governmental or non-governmental, qualified in 
fields relating to the protection of the ozone layer which has 
informed the secretariat of its wish to be represented at a 
meeting of the Parties as an observer may be admitted unless at 
least one third of the Parties present object. The admission 
and participation of observers shall be subject to the rules of 
procedure adopted by the Parties.

                        Article 12: Secretariat

    For the purposes of this Protocol, the Secretariat shall:
          (a) arrange for and service meetings of the Parties 
        as provided for in Article 11;
          (b) receive and make available, upon request by a 
        Party, data provided pursuant to Article 7;
          (c) prepare and distribute regularly to the Parties 
        reports based on information received pursuant to 
        Articles 7 and 9;
          (d) notify the Parties of any request for technical 
        assistance received pursuant to Article 10 so as to 
        facilitate the provision of such assistance;
          (e) encourage non-Parties to attend the meetings of 
        the Parties as observers and to act in accordance with 
        the provisions of this Protocol;
          (f) provide, as appropriate, the information and 
        requests referred to in subparagraphs (c) and (d) to 
        such non-party observers; and
          (g) perform such other functions for the achievement 
        of the purposes of this Protocol as may be assigned to 
        it by the Parties.

                    Article 13: Financial provisions

    1. The funds required for the operation of this Protocol, 
including those for the functioning of the Secretariat related 
to this Protocol, shall be charged exclusively against 
contributions from the Parties.
    2. The Parties, at their first meeting, shall adopt by 
consensus financial rules for the operation of this Protocol.

      Article 14: Relationship of this protocol to the convention

    Except as otherwise provided in this Protocol, the 
provisions of the Convention relating to its protocols shall 
apply to this Protocol.

                         Article 15: Signature

    This Protocol shall be open for signature by States and by 
regional economic integration organizations in Montreal on 16 
September 1987, in Ottawa from 17 September 1987 to 16 January 
1988, and at United Nations Headquarters in New York from 17 
January 1988 to 15 September 1988.

                      Article 16: Entry into force

    1. This Protocol shall enter into force on 1 January 1989, 
provided that at least eleven instruments of ratification, 
acceptance, approval of the Protocol or accession thereto have 
been deposited by States or regional economic integration 
organizations representing at least two-thirds of 1986 
estimated global consumption of the controlled substances, and 
the provisions of paragraph 1 of Article 17 of the Convention 
have been fulfilled. In the event that these conditions have 
not been fulfilled by that date, the Protocol shall enter into 
force on the ninetieth day following the date on which the 
conditions have been fulfilled.
    2. For the purposes of paragraph 1, any such instrument 
deposited by a regional economic integration organization shall 
not be counted as additional to those deposited by member 
States of such organization.
    3. After the entry into force of this Protocol, any State 
or regional economic integration organization shall become a 
Party to it on the ninetieth day following the date of deposit 
of its instrument of ratification, acceptance, approval or 
accession.

           Article 17: Parties joining after entry into force

    Subject to Article 5, any State or regional economic 
integration organization which becomes a Party to this Protocol 
after the date of its entry into force, shall fulfil forthwith 
the sum of the obligations under Article 2, as well as under 
Articles 2A to 2I and Article 4, that apply at that date to the 
States and regional economic integration organizations that 
became Parties on the date the Protocol entered into force.

                        Article 18: Reservations

    No reservations may be made to this Protocol.

                         Article 19: Withdrawal

    Any Party may withdraw from this Protocol by giving written 
notification to the Depositary at any time after four years of 
assuming the obligations specified in paragraph 1 of Article 
2A. Any such withdrawal shall take effect upon expiry of one 
year after the date of its receipt by the Depositary, or on 
such later date as may be specified in the notification of the 
withdrawal.

                      Article 20: Authentic texts

    The original of this Protocol, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are equally 
authentic, shall be deposited with the Secretary-General of the 
United Nations.

    In witness whereof the undersigned, being duly authorized 
to that effect, have signed this protocol.

    Done at Montreal this sixteenth day of September, one 
thousand nine hundred and eighty seven.

                     Annex A: Controlled substances
------------------------------------------------------------------------
                                                                Ozone-
            Group                        Substance            Depleting
                                                              Potential*
------------------------------------------------------------------------
Group I
 
CFCl3                          (CFC-11)                              1.0
CF2Cl2                         (CFC-12)                              1.0
C2F3Cl3                        (CFC-113)                             0.8
C2F4Cl2                        (CFC-114)                             1.0
C2F5Cl                         (CFC-115)                             0.6
 
Group II
 
CF2BrCl                        (halon-1211)                          3.0
CF3Br                          (halon-1301)                         10.0
C2F4Br2                        (halon-2402)                          6.0
------------------------------------------------------------------------
*These ozone depleting potentials are estimates based on existing
  knowledge and will be reviewed and revised periodically.


                     Annex B: Controlled substances
------------------------------------------------------------------------
                                                                Ozone-
            Group                        Substance            Depleting
                                                              Potential
------------------------------------------------------------------------
Group I
 
CF3Cl                          (CFC-13)                              1.0
C2FCl5                         (CFC-111)                             1.0
C2F2Cl4                        (CFC-112)                             1.0
C3FCl7                         (CFC-211)                             1.0
C3F2Cl6                        (CFC-212)                             1.0
C3F3Cl5                        (CFC-213)                             1.0
C3F4Cl4                        (CFC-214)                             1.0
C3F5Cl3                        (CFC-215)                             1.0
C3F6Cl2                        (CFC-216)                             1.0
C3F7Cl                         (CFC-217)                             1.0
 
Group II
 
CCl4                           carbon tetrachloride                  1.1
 
Group III
 
C2H3Cl3*                       1,1,1-trichloroethane*                0.1
                                (methyl chloroform)
------------------------------------------------------------------------
*This formula does not refer to 1,1,2-trichloroethane.


                     Annex C: Controlled substances
------------------------------------------------------------------------
                                                              Ozone-
        Group                Substance        Number of      Depleting
                                               isomers       Potential
------------------------------------------------------------------------
Group I
 
CHFCl2                 (HCFC-21)**                     1            0.04
CHF2Cl                 (HCFC-22)**                     1           0.055
CH2FCl                 (HCFC-31)                       1            0.02
C2HFCl4                (HCFC-121)                      2       0.01-0.04
C2HF2Cl3               (HCFC-122)                      3       0.02-0.08
C2HF3Cl2               (HCFC-123)                      3       0.02-0.06
CHCl2CF3               (HCFC-123)**                   --            0.02
C2HF4Cl                (HCFC-124)                      2       0.02-0.04
CHFClCF3               (HCFC-124)**                   --           0.022
C2H2FCl3               (HCFC-131)                      3      0.007-0.05
C2H2F2Cl2              (HCFC-132)                      4      0.008-0.05
C2H2F3Cl               (HCFC-133)                      3       0.02-0.06
C2H3FCl2               (HCFC-141)                      3      0.005-0.07
CH3CFCl2               (HCFC-141b)**                  --            0.11
C2H3F2Cl               (HCFC-142)                      3      0.008-0.07
CH3CF2Cl               (HCFC-142b)**                  --           0.065
C2H4FCl                (HCFC-151)                      2     0.003-0.005
C3HFCl6                (HCFC-221)                      5      0.015-0.07
C3HF2Cl5               (HCFC-222)                      9       0.01-0.09
C3HF3Cl4               (HCFC-223)                     12       0.01-0.08
C3HF4Cl3               (HCFC-224)                     12       0.01-0.09
C3HF5Cl2               (HCFC-225)                      9       0.02-0.07
CF3CF2CHCl2            (HCFC-225ca)**                 --           0.025
CF2ClCF2CHClF          (HCFC-225cb)**                 --           0.033
C3HF6Cl                (HCFC-226)                      5       0.02-0.10
C3H2FCl5               (HCFC-231)                      9       0.05-0.09
C3H2F2Cl4              (HCFC-232)                     16      0.008-0.10
C3H2F3Cl3              (HCFC-233)                     18      0.007-0.23
C3H2F4Cl2              (HCFC-234)                     16       0.01-0.28
C3H2F5Cl               (HCFC-235)                      9       0.03-0.52
C3H3FCl4               (HCFC-241)                     12      0.004-0.09
C3H3F2Cl3              (HCFC-242)                     18      0.005-0.13
C3H3F3Cl2              (HCFC-243)                     18      0.007-0.12
C3H3F4Cl               (HCFC-244)                     12      0.009-0.14
C3H4FCl3               (HCFC-251)                     12      0.001-0.01
C3H4F2Cl2              (HCFC-252)                     16      0.005-0.04
C3H4F3Cl               (HCFC-253)                     12      0.003-0.03
C3H5FCl2               (HCFC-261)                      9      0.002-0.02
C3H5F2Cl               (HCFC-262)                      9      0.002-0.02
C3H6FCl                (HCFC-271)                      5      0.001-0.03
 
Group II
 
CHFBr2                 1                                            1.00
CHF2Br                 (HBFC-22B1)                     1            0.74
CH2FBr                 1                                            0.73
C2HFBr4                ....................            2         0.3-0.8
C2HF2Br3               ....................            3         0.5-1.8
C2HF3Br2               ....................            3         0.4-1.6
C2HF4Br                ....................            2         0.7-1.2
C2H2FBr3               ....................            3         0.1-1.1
C2H2F2Br2              ....................            4         0.2-1.5
C2H2F3Br               ....................            3         0.7-1.6
C2H3FBr2               ....................            3         0.1-1.7
C2H3F2Br               ....................            3         0.2-1.1
C2H4FBr                ....................            2        0.07-0.1
C3HFBr6                ....................            5         0.3-1.5
C3HF2Br5               ....................            9         0.2-1.9
C3HF3Br4               ....................           12         0.3-1.8
C3HF4Br3               ....................           12         0.5-2.2
C3HF5Br2               ....................            9         0.9-2.0
C3HF6Br                ....................            5         0.7-3.3
C3H2FBr5               ....................            9         0.1-1.9
C3H2F2Br4              ....................           16         0.2-2.1
C3H2F3Br3              ....................           18         0.2-5.6
C3H2F4Br2              ....................           16         0.3-7.5
C3H2F5Br               ....................            8        0.9-14.0
C3H3FBr4               ....................           12        0.08-1.9
C3H3F2Br3              ....................           18         0.1-3.1
C3H3F3Br2              ....................           18         0.1-2.5
C3H3F4Br               ....................           12         0.3-4.4
C3H4FBr3               ....................           12        0.03-0.3
C3H4F2Br2              ....................           16         0.1-1.0
C3H4F3Br               ....................           12        0.07-0.8
C3H5FBr2               ....................            9        0.04-0.4
C3H5F2Br               ....................            9        0.07-0.8
C3H6FBr                ....................            5        0.02-0.7
 
Group III
 
CH2BrCl                bromochloromethane              1            0.12
------------------------------------------------------------------------
*Where a range of ODPs is indicated, the highest value in that range
  shall be used for the purposes of the Protocol. The ODPs listed as a
  single value have been determined from calculations based on
  laboratory measurements. Those listed as a range are based on
  estimates and are less certain. The range pertains to an isomeric
  group. The upper value is the estimate of the ODP of the isomer with
  the highest ODP, and the lower value is the estimate of the ODP of the
  isomer with the lowest ODP.
**Identifies the most commercially viable substances with ODP values
  listed against them to be used for the purposes of the Protocol.


     Annex D:* A list of products** containing controlled substances
                          specified in Annex A
------------------------------------------------------------------------
                   Products                       Customs code number
------------------------------------------------------------------------
1. Automobile and truck air conditioning       .........................
 units (whether incorporated in vehicles or
 not)
2. Domestic and commercial refrigeration and   .........................
 air conditioning/heat pump equipment***
  e.g. Refrigerators                           .........................
  Freezers                                     .........................
  Dehumidifiers                                .........................
  Water coolers                                .........................
  Ice machines                                 .........................
  Air conditioning and heat pump units         .........................
3. Aerosol products, except medical aerosols   .........................
4. Portable fire extinguisher                  .........................
5. Insulation boards, panels and pipe covers   .........................
6. Pre-polymers                                .........................
------------------------------------------------------------------------
*This Annex was adopted by the Third Meeting of the Parties in Nairobi,
  21 June 1991 as required by paragraph 3 of Article 4 of the Protocol.
**Though not when transported in consignments of personal or household
  effects or in similar non-commercial situations normally exempted from
  customs attention.
***When containing controlled substances in Annex A as a refrigerant and/
  or in insulating material of the product.


                      Annex E: Controlled substance
------------------------------------------------------------------------
                                                                Ozone-
            Group                        Substance            Depleting
                                                              Potential
------------------------------------------------------------------------
Group I
 
CH3Br                          methyl bromide                        0.6
------------------------------------------------------------------------

    7. U.N. Convention to Combat Desertification in those Countries 
 Experiencing Serious Drought and/or Desertification, Particularly in 
                                 Africa

 Done at Paris, June 17, 1994; Entered into force generally, December 
26, 1996; Ratification advised by the Senate, October 18, 2000; Entered 
          into force for the United States, February 15, 2001

United Nations Convention to Combat Desertification in those Countries 
 Experiencing Serious Drought and/or Desertification, Particularly in 
                               Africa \1\

    The  Parties to this Convention,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Convention, see 
Department of State publication, Treaties in Force.

    Affirming that human beings in affected or threatened areas 
are at the centre of concerns to combat desertification and 
---------------------------------------------------------------------------
mitigate the effects of drought,

    Reflecting the urgent concern of the international 
community, including States and international organizations, 
about the adverse impacts of desertification and drought,

    Aware that arid, semi-arid and dry sub-humid areas together 
account for a significant proportion of the Earth's land area 
and are the habitat and source of livelihood for a large 
segment of its population,

    Acknowledging that desertification and drought are problems 
of global dimension in that they affect all regions of the 
world and that joint action of the international community is 
needed to combat desertification and/or mitigate the effects of 
drought,

    Noting the high concentration of developing countries, 
notably the least developed countries, among those experiencing 
serious drought and/or desertification, and the particularly 
tragic consequences of these phenomena in Africa,

    Noting also that desertification is caused by complex 
interactions among physical, biological, political, social, 
cultural and economic factors,

    Considering the impact of trade and relevant aspects of 
international economic relations on the ability of affected 
countries to combat desertification adequately,

    Conscious that sustainable economic growth, social 
development and poverty eradication are priorities of affected 
developing countries, particularly in Africa, and are essential 
to meeting sustainability objectives,

    Mindful that desertification and drought affect sustainable 
development through their interrelationships with important 
social problems such as poverty, poor health and nutrition, 
lack of food security, and those arising from migration, 
displacement of persons and demographic dynamics,

    Appreciating the significance of the past efforts and 
experience of States and international organizations in 
combating desertification and mitigating the effects of 
drought, particularly in implementing the Plan of Action to 
Combat Desertification which was adopted at the United Nations 
Conference on Desertification in 1977,

    Realizing that, despite efforts in the past, progress in 
combating desertification and mitigating the effects of drought 
has not met expectations and that a new and more effective 
approach is needed at all levels within the framework of 
sustainable development,

    Recognizing the validity and relevance of decisions adopted 
at the United Nations Conference on Environment and 
Development, particularly of Agenda 21 and its chapter 12, 
which provide a basis for combating desertification,

    Reaffirming in this light the commitments of developed 
countries as contained in paragraph 13 of chapter 33 of Agenda 
21,

    Recalling General Assembly resolution 47/188, particularly 
the priority in it prescribed for Africa, and all other 
relevant United Nations resolutions, decisions and programmes 
on desertification and drought, as well as relevant 
declarations by African countries and those from other regions,

    Reaffirming the Rio Declaration on Environment and 
Development which states, in its Principle 2, that States have, 
in accordance with the Charter of the United Nations and the 
principles of international law, the sovereign right to exploit 
their own resources pursuant to their own environmental and 
developmental policies, and the responsibility to ensure that 
activities within their jurisdiction or control do not cause 
damage to the environment of other States or of areas beyond 
the limits of national jurisdiction,

    Recognizing that national Governments play a critical role 
in combating desertification and mitigating the effects of 
drought and that progress in that respect depends on local 
implementation of action programmes in affected areas,

    Recognizing also the importance and necessity of 
international cooperation and partnership in combating 
desertification and mitigating the effects of drought,

    Recognizing further the importance of the provision to 
affected developing countries, particularly in Africa, of 
effective means, inter alia substantial financial resources, 
including new and additional funding, and access to technology, 
without which it will be difficult for them to implement fully 
their commitments under this Convention,

    Expressing concern over the impact of desertification and 
drought on affected countries in Central Asia and the 
Transcaucasus,

    Stressing the important role played by women in regions 
affected by desertification and/or drought, particularly in 
rural areas of developing countries, and the importance of 
ensuring the full participation of both men and women at all 
levels in programmes to combat desertification and mitigate the 
effects of drought,

    Emphasizing the special role of non-governmental 
organizations and other major groups in programmes to combat 
desertification and mitigate the effects of drought,

    Bearing in mind the relationship between desertification 
and other environmental problems of global dimension facing the 
international and national communities,

    Bearing also in mind the contribution that combating 
desertification can make to achieving the objectives of the 
United Nations Framework Convention on Climate Change, the 
Convention on Biological Diversity and other related 
environmental conventions,

    Believing that strategies to combat desertification and 
mitigate the effects of drought will be most effective if they 
are based on sound systematic observation and rigorous 
scientific knowledge and if they are continuously re-evaluated,

    Recognizing the urgent need to improve the effectiveness 
and coordination of international cooperation to facilitate the 
implementation of national plans and priorities,

    Determined to take appropriate action in combating 
desertification and mitigating the effects of drought for the 
benefit of present and future generations,

    Have agreed as follows:

                          Part I--Introduction

                               Article 1

                              Use of terms

    For the purposes of this Convention:
          (a) ``desertification'' means land degradation in 
        arid, semi-arid and dry sub-humid areas resulting from 
        various factors, including climatic variations and 
        human activities;
          (b) ``combating desertification'' includes activities 
        which are part of the integrated development of land in 
        arid, semi-arid and dry sub-humid areas for sustainable 
        development which are aimed at:
                  (i) prevention and/or reduction of land 
                degradation;
                  (ii) rehabilitation of partly degraded land; 
                and
                  (iii) reclamation of desertified land;
          (c) ``drought'' means the naturally occurring 
        phenomenon that exists when precipitation has been 
        significantly below normal recorded levels, causing 
        serious hydrological imbalances that adversely affect 
        land resource production systems;
          (d) ``mitigating the effects of drought'' means 
        activities related to the prediction of drought and 
        intended to reduce the vulnerability of society and 
        natural systems to drought as it relates to combating 
        desertification;
          (e) ``land'' means the terrestrial bio-productive 
        system that comprises soil, vegetation, other biota, 
        and the ecological and hydrological processes that 
        operate within the system;
          (f) ``land degradation'' means reduction or loss, in 
        arid, semi-arid and dry sub-humid areas, of the 
        biological or economic productivity and complexity of 
        rainfed cropland, irrigated cropland, or range, 
        pasture, forest and woodlands resulting from land uses 
        or from a process or combination of processes, 
        including processes arising from human activities and 
        habitation patterns, such as:
                  (i) soil erosion caused by wind and/or water;
                  (ii) deterioration of the physical, chemical 
                and biological or economic properties of soil; 
                and
                  (iii) long-term loss of natural vegetation;
          (g) ``arid, semi-arid and dry sub-humid areas'' means 
        areas, other than polar and sub-polar regions, in which 
        the ratio of annual precipitation to potential 
        evapotranspiration falls within the range from 0.05 to 
        0.65;
          (h) ``affected areas'' means arid, semi-arid and/or 
        dry sub-humid areas affected or threatened by 
        desertification;
          (i) ``affected countries'' means countries whose 
        lands include, in whole or in part, affected areas;
          (j) ``regional economic integration organization'' 
        means an organization constituted by sovereign States 
        of a given region which has competence in respect of 
        matters governed by this Convention and has been duly 
        authorized, in accordance with its internal procedures, 
        to sign, ratify, accept, approve or accede to this 
        Convention;
          (k) ``developed country Parties'' means developed 
        country Parties and regional economic integration 
        organizations constituted by developed countries.

                               Article 2

                               Objective

    1. The objective of this Convention is to combat 
desertification and mitigate the effects of drought in 
countries experiencing serious drought and/or desertification, 
particularly in Africa, through effective action at all levels, 
supported by international cooperation and partnership 
arrangements, in the framework of an integrated approach which 
is consistent with Agenda 21, with a view to contributing to 
the achievement of sustainable development in affected areas.
    2. Achieving this objective will involve long-term 
integrated strategies that focus simultaneously, in affected 
areas, on improved productivity of land, and the 
rehabilitation, conservation and sustainable management of land 
and water resources, leading to improved living conditions, in 
particular at the community level.

                               Article 3

                               Principles

    In order to achieve the objective of this Convention and to 
implement its provisions, the Parties shall be guided, inter 
alia, by the following:
          (a) the Parties should ensure that decisions on the 
        design and implementation of programmes to combat 
        desertification and/or mitigate the effects of drought 
        are taken with the participation of populations and 
        local communities and that an enabling environment is 
        created at higher levels to facilitate action at 
        national and local levels;
          (b) the Parties should, in a spirit of international 
        solidarity and partnership, improve cooperation and 
        coordination at subregional, regional and international 
        levels, and better focus financial, human, 
        organizational and technical resources where they are 
        needed;
          (c) the Parties should develop, in a spirit of 
        partnership, cooperation among all levels of 
        government, communities, non-governmental organizations 
        and landholders to establish a better understanding of 
        the nature and value of land and scarce water resources 
        in affected areas and to work towards their sustainable 
        use; and
          (d) the Parties should take into full consideration 
        the special needs and circumstances of affected 
        developing country Parties, particularly the least 
        developed among them.

                      Part II--General Provisions

                               Article 4

                          General obligations

    1. The Parties shall implement their obligations under this 
Convention, individually or jointly, either through existing or 
prospective bilateral and multilateral arrangements or a 
combination thereof, as appropriate, emphasizing the need to 
coordinate efforts and develop a coherent long-term strategy at 
all levels.
    2. In pursuing the objective of this Convention, the 
Parties shall:
          (a) adopt an integrated approach addressing the 
        physical, biological and socio-economic aspects of the 
        processes of desertification and drought;
          (b) give due attention, within the relevant 
        international and regional bodies, to the situation of 
        affected developing country Parties with regard to 
        international trade, marketing arrangements and debt 
        with a view to establishing an enabling international 
        economic environment conducive to the promotion of 
        sustainable development;
          (c) integrate strategies for poverty eradication into 
        efforts to combat desertification and mitigate the 
        effects of drought;
          (d) promote cooperation among affected country 
        Parties in the fields of environmental protection and 
        the conservation of land and water resources, as they 
        relate to desertification and drought;
          (e) strengthen subregional, regional and 
        international cooperation;
          (f) cooperate within relevant intergovernmental 
        organizations;
          (g) determine institutional mechanisms, if 
        appropriate, keeping in mind the need to avoid 
        duplication; and
          (h) promote the use of existing bilateral and 
        multilateral financial mechanisms and arrangements that 
        mobilize and channel substantial financial resources to 
        affected developing country Parties in combating 
        desertification and mitigating the effects of drought.
    3. Affected developing country Parties are eligible for 
assistance in the implementation of the Convention.

                               Article 5

                Obligations of affected country Parties

    In addition to their obligations pursuant to article 4, 
affected country Parties undertake to:
          (a) give due priority to combating desertification 
        and mitigating the effects of drought, and allocate 
        adequate resources in accordance with their 
        circumstances and capabilities;
          (b) establish strategies and priorities, within the 
        framework of sustainable development plans and/or 
        policies, to combat desertification and mitigate the 
        effects of drought;
          (c) address the underlying causes of desertification 
        and pay special attention to the socio-economic factors 
        contributing to desertification processes;
          (d) promote awareness and facilitate the 
        participation of local populations, particularly women 
        and youth, with the support of non-governmental 
        organizations, in efforts to combat desertification and 
        mitigate the effects of drought; and
          (e) provide an enabling environment by strengthening, 
        as appropriate, relevant existing legislation and, 
        where they do not exist, enacting new laws and 
        establishing long-term policies and action programmes.

                               Article 6

                Obligations of developed country Parties

    In addition to their general obligations pursuant to 
article 4, developed country Parties undertake to:
          (a) actively support, as agreed, individually or 
        jointly, the efforts of affected developing country 
        Parties, particularly those in Africa, and the least 
        developed countries, to combat desertification and 
        mitigate the effects of drought;
          (b) provide substantial financial resources and other 
        forms of support to assist affected developing country 
        Parties, particularly those in Africa, effectively to 
        develop and implement their own long-term plans and 
        strategies to combat desertification and mitigate the 
        effects of drought;
          (c) promote the mobilization of new and additional 
        funding pursuant to article 20, paragraph 2 (b);
          (d) encourage the mobilization of funding from the 
        private sector and other non-governmental sources; and
          (e) promote and facilitate access by affected country 
        Parties, particularly affected developing country 
        Parties, to appropriate technology, knowledge and know-
        how.

                               Article 7

                          Priority for Africa

    In implementing this Convention, the Parties shall give 
priority to affected African country Parties, in the light of 
the particular situation prevailing in that region, while not 
neglecting affected developing country Parties in other 
regions.

                               Article 8

                  Relationship with other conventions

    1. The Parties shall encourage the coordination of 
activities carried out under this Convention and, if they are 
Parties to them, under other relevant international agreements, 
particularly the United Nations Framework Convention on Climate 
Change and the Convention on Biological Diversity, in order to 
derive maximum benefit from activities under each agreement 
while avoiding duplication of effort. The Parties shall 
encourage the conduct of joint programmes, particularly in the 
fields of research, training, systematic observation and 
information collection and exchange, to the extent that such 
activities may contribute to achieving the objectives of the 
agreements concerned.
    2. The provisions of this Convention shall not affect the 
rights and obligations of any Party deriving from a bilateral, 
regional or international agreement into which it has entered 
prior to the entry into force of this Convention for it.

 Part III--Action Programmes, Scientific and Technical Cooperation and 
                          Supporting Measures

                      Section 1: Action programmes

                               Article 9

                             Basic approach

    1. In carrying out their obligations pursuant to article 5, 
affected developing country Parties and any other affected 
country Party in the framework of its regional implementation 
annex or, otherwise, that has notified the Permanent 
Secretariat in writing of its intention to prepare a national 
action programme, shall, as appropriate, prepare, make public 
and implement national action programmes, utilizing and 
building, to the extent possible, on existing relevant 
successful plans and programmes, and subregional and regional 
action programmes, as the central element of the strategy to 
combat desertification and mitigate the effects of drought. 
Such programmes shall be updated through a continuing 
participatory process on the basis of lessons from field 
action, as well as the results of research. The preparation of 
national action programmes shall be closely interlinked with 
other efforts to formulate national policies for sustainable 
development.
    2. In the provision by developed country Parties of 
different forms of assistance under the terms of article 6, 
priority shall be given to supporting, as agreed, national, 
subregional and regional action programmes of affected 
developing country Parties, particularly those in Africa, 
either directly or through relevant multilateral organizations 
or both.
    3. The Parties shall encourage organs, funds and programmes 
of the United Nations system and other relevant 
intergovernmental organizations, academic institutions, the 
scientific community and non-governmental organizations in a 
position to cooperate, in accordance with their mandates and 
capabilities, to support the elaboration, implementation and 
follow-up of action programmes.

                               Article 10

                       National action programmes

    1. The purpose of national action programmes is to identify 
the factors contributing to desertification and practical 
measures necessary to combat desertification and mitigate the 
effects of drought.
    2. National action programmes shall specify the respective 
roles of government, local communities and land users and the 
resources available and needed. They shall, inter alia:
          (a) incorporate long-term strategies to combat 
        desertification and mitigate the effects of drought, 
        emphasize implementation and be integrated with 
        national policies for sustainable development;
          (b) allow for modifications to be made in response to 
        changing circumstances and be sufficiently flexible at 
        the local level to cope with different socio-economic, 
        biological and geo-physical conditions;
          (c) give particular attention to the implementation 
        of preventive measures for lands that are not yet 
        degraded or which are only slightly degraded;
          (d) enhance national climatological, meteorological 
        and hydrological capabilities and the means to provide 
        for drought early warning;
          (e) promote policies and strengthen institutional 
        frameworks which develop cooperation and coordination, 
        in a spirit of partnership, between the donor 
        community, governments at all levels, local populations 
        and community groups, and facilitate access by local 
        populations to appropriate information and technology;
          (f) provide for effective participation at the local, 
        national and regional levels of non- governmental 
        organizations and local populations, both women and 
        men, particularly resource users, including farmers and 
        pastoralists and their representative organizations, in 
        policy planning, decision-making, and implementation 
        and review of national action programmes; and
          (g) require regular review of, and progress reports 
        on, their implementation.
    3. National action programmes may include, inter alia, some 
or all of the following measures to prepare for and mitigate 
the effects of drought:
          (a) establishment and/or strengthening, as 
        appropriate, of early warning systems, including local 
        and national facilities and joint systems at the 
        subregional and regional levels, and mechanisms for 
        assisting environmentally displaced persons;
          (b) strengthening of drought preparedness and 
        management, including drought contingency plans at the 
        local, national, subregional and regional levels, which 
        take into consideration seasonal to interannual climate 
        predictions;
          (c) establishment and/or strengthening, as 
        appropriate, of food security systems, including 
        storage and marketing facilities, particularly in rural 
        areas;
          (d) establishment of alternative livelihood projects 
        that could provide incomes in drought prone areas; and
          (e) development of sustainable irrigation programmes 
        for both crops and livestock.
    4. Taking into account the circumstances and requirements 
specific to each affected country Party, national action 
programmes include, as appropriate, inter alia, measures in 
some or all of the following priority fields as they relate to 
combating desertification and mitigating the effects of drought 
in affected areas and to their populations: promotion of 
alternative livelihoods and improvement of national economic 
environments with a view to strengthening programmes aimed at 
the eradication of poverty and at ensuring food security; 
demographic dynamics; sustainable management of natural 
resources; sustainable agricultural practices; development and 
efficient use of various energy sources; institutional and 
legal frameworks; strengthening of capabilities for assessment 
and systematic observation, including hydrological and 
meteorological services, and capacity building, education and 
public awareness.

                               Article 11

               Subregional and regional action programmes

    Affected country Parties shall consult and cooperate to 
prepare, as appropriate, in accordance with relevant regional 
implementation annexes, subregional and/or regional action 
programmes to harmonize, complement and increase the efficiency 
of national programmes. The provisions of article 10 shall 
apply mutatis mutandis to subregional and regional programmes. 
Such cooperation may include agreed joint programmes for the 
sustainable management of transboundary natural resources, 
scientific and technical cooperation, and strengthening of 
relevant institutions.

                               Article 12

                       International cooperation

    Affected country Parties, in collaboration with other 
Parties and the international community, should cooperate to 
ensure the promotion of an enabling international environment 
in the implementation of the Convention. Such cooperation 
should also cover fields of technology transfer as well as 
scientific research and development, information collection and 
dissemination and financial resources.

                               Article 13

  Support for the elaboration and implementation of action programmes

    1. Measures to support action programmes pursuant to 
article 9 include, inter alia:
          (a) financial cooperation to provide predictability 
        for action programmes, allowing for necessary long-term 
        planning;
          (b) elaboration and use of cooperation mechanisms 
        which better enable support at the local level, 
        including action through non-governmental 
        organizations, in order to promote the replicability of 
        successful pilot programme activities where relevant;
          (c) increased flexibility in project design, funding 
        and implementation in keeping with the experimental, 
        iterative approach indicated for participatory action 
        at the local community level; and
          (d) as appropriate, administrative and budgetary 
        procedures that increase the efficiency of cooperation 
        and of support programmes.
    2. In providing such support to affected developing country 
Parties, priority shall be given to African country Parties and 
to least developed country Parties.

                               Article 14

Coordination in the elaboration and implementation of action programmes

    1. The Parties shall work closely together, directly and 
through relevant intergovernmental organizations, in the 
elaboration and implementation of action programmes.
    2. The Parties shall develop operational mechanisms, 
particularly at the national and field levels, to ensure the 
fullest possible coordination among developed country Parties, 
developing country Parties and relevant intergovernmental and 
non-governmental organizations, in order to avoid duplication, 
harmonize interventions and approaches, and maximize the impact 
of assistance. In affected developing country Parties, priority 
will be given to coordinating activities related to 
international cooperation in order to maximize the efficient 
use of resources, to ensure responsive assistance, and to 
facilitate the implementation of national action programmes and 
priorities under this Convention.

                               Article 15

                    Regional implementation annexes

    Elements for incorporation in action programmes shall be 
selected and adapted to the socio-economic, geographical and 
climatic factors applicable to affected country Parties or 
regions, as well as to their level of development. Guidelines 
for the preparation of action programmes and their exact focus 
and content for particular subregions and regions are set out 
in the regional implementation annexes.

            Section 2: Scientific and technical cooperation

                               Article 16

             Information collection, analysis and exchange

    The Parties agree, according to their respective 
capabilities, to integrate and coordinate the collection, 
analysis and exchange of relevant short term and long term data 
and information to ensure systematic observation of land 
degradation in affected areas and to understand better and 
assess the processes and effects of drought and 
desertification. This would help accomplish, inter alia, early 
warning and advance planning for periods of adverse climatic 
variation in a form suited for practical application by users 
at all levels, including especially local populations. To this 
end, they shall, as appropriate:
          (a) facilitate and strengthen the functioning of the 
        global network of institutions and facilities for the 
        collection, analysis and exchange of information, as 
        well as for systematic observation at all levels, which 
        shall, inter alia:
                  (i) aim to use compatible standards and 
                systems;
                  (ii) encompass relevant data and stations, 
                including in remote areas;
                  (iii) use and disseminate modern technology 
                for data collection, transmission and 
                assessment on land degradation; and
                  (iv) link national, subregional and regional 
                data and information centres more closely with 
                global information sources;
          (b) ensure that the collection, analysis and exchange 
        of information address the needs of local communities 
        and those of decision makers, with a view to resolving 
        specific problems, and that local communities are 
        involved in these activities;
          (c) support and further develop bilateral and 
        multilateral programmes and projects aimed at defining, 
        conducting, assessing and financing the collection, 
        analysis and exchange of data and information, 
        including, inter alia, integrated sets of physical, 
        biological, social and economic indicators;
          (d) make full use of the expertise of competent 
        intergovernmental and non-governmental organizations, 
        particularly to disseminate relevant information and 
        experiences among target groups in different regions;
          (e) give full weight to the collection, analysis and 
        exchange of socio-economic data, and their integration 
        with physical and biological data;
          (f) exchange and make fully, openly and promptly 
        available information from all publicly available 
        sources relevant to combating desertification and 
        mitigating the effects of drought; and
          (g) subject to their respective national legislation 
        and/or policies, exchange information on local and 
        traditional knowledge, ensuring adequate protection for 
        it and providing appropriate return from the benefits 
        derived from it, on an equitable basis and on mutually 
        agreed terms, to the local populations concerned.

                               Article 17

                        Research and development

    1. The Parties undertake, according to their respective 
capabilities, to promote technical and scientific cooperation 
in the fields of combating desertification and mitigating the 
effects of drought through appropriate national, subregional, 
regional and international institutions. To this end, they 
shall support research activities that:
          (a) contribute to increased knowledge of the 
        processes leading to desertification and drought and 
        the impact of, and distinction between, causal factors, 
        both natural and human, with a view to combating 
        desertification and mitigating the effects of drought, 
        and achieving improved productivity as well as 
        sustainable use and management of resources;
          (b) respond to well defined objectives, address the 
        specific needs of local populations and lead to the 
        identification and implementation of solutions that 
        improve the living standards of people in affected 
        areas;
          (c) protect, integrate, enhance and validate 
        traditional and local knowledge, know-how and 
        practices, ensuring, subject to their respective 
        national legislation and/or policies, that the owners 
        of that knowledge will directly benefit on an equitable 
        basis and on mutually agreed terms from any commercial 
        utilization of it or from any technological development 
        derived from that knowledge;
          (d) develop and strengthen national, subregional and 
        regional research capabilities in affected developing 
        country Parties, particularly in Africa, including the 
        development of local skills and the strengthening of 
        appropriate capacities, especially in countries with a 
        weak research base, giving particular attention to 
        multidisciplinary and participative socio-economic 
        research;
          (e) take into account, where relevant, the 
        relationship between poverty, migration caused by 
        environmental factors, and desertification;
          (f) promote the conduct of joint research programmes 
        between national, subregional, regional and 
        international research organizations, in both the 
        public and private sectors, for the development of 
        improved, affordable and accessible technologies for 
        sustainable development through effective participation 
        of local populations and communities; and
          (g) enhance the availability of water resources in 
        affected areas, by means of, inter alia, cloud-seeding.
    2. Research priorities for particular regions and 
subregions, reflecting different local conditions, should be 
included in action programmes. The Conference of the Parties 
shall review research priorities periodically on the advice of 
the Committee on Science and Technology.

                               Article 18

    Transfer, acquisition, adaptation and development of technology

    1. The Parties undertake, as mutually agreed and in 
accordance with their respective national legislation and/or 
policies, to promote, finance and/or facilitate the financing 
of the transfer, acquisition, adaptation and development of 
environmentally sound, economically viable and socially 
acceptable technologies relevant to combating desertification 
and/or mitigating the effects of drought, with a view to 
contributing to the achievement of sustainable development in 
affected areas. Such cooperation shall be conducted bilaterally 
or multilaterally, as appropriate, making full use of the 
expertise of intergovernmental and non-governmental 
organizations. The Parties shall, in particular:
          (a) fully utilize relevant existing national, 
        subregional, regional and international information 
        systems and clearing-houses for the dissemination of 
        information on available technologies, their sources, 
        their environmental risks and the broad terms under 
        which they may be acquired;
          (b) facilitate access, in particular by affected 
        developing country Parties, on favourable terms, 
        including on concessional and preferential terms, as 
        mutually agreed, taking into account the need to 
        protect intellectual property rights, to technologies 
        most suitable to practical application for specific 
        needs of local populations, paying special attention to 
        the social, cultural, economic and environmental impact 
        of such technology;
          (c) facilitate technology cooperation among affected 
        country Parties through financial assistance or other 
        appropriate means;
          (d) extend technology cooperation with affected 
        developing country Parties, including, where relevant, 
        joint ventures, especially to sectors which foster 
        alternative livelihoods; and
          (e) take appropriate measures to create domestic 
        market conditions and incentives, fiscal or otherwise, 
        conducive to the development, transfer, acquisition and 
        adaptation of suitable technology, knowledge, know-how 
        and practices, including measures to ensure adequate 
        and effective protection of intellectual property 
        rights.
    2. The Parties shall, according to their respective 
capabilities, and subject to their respective national 
legislation and/or policies, protect, promote and use in 
particular relevant traditional and local technology, 
knowledge, know-how and practices and, to that end, they 
undertake to:
          (a) make inventories of such technology, knowledge, 
        know-how and practices and their potential uses with 
        the participation of local populations, and disseminate 
        such information, where appropriate, in cooperation 
        with relevant intergovernmental and non-governmental 
        organizations;
          (b) ensure that such technology, knowledge, know-how 
        and practices are adequately protected and that local 
        populations benefit directly, on an equitable basis and 
        as mutually agreed, from any commercial utilization of 
        them or from any technological development derived 
        therefrom;
          (c) encourage and actively support the improvement 
        and dissemination of such technology, knowledge, know-
        how and practices or of the development of new 
        technology based on them; and
          (d) facilitate, as appropriate, the adaptation of 
        such technology, knowledge, know-how and practices to 
        wide use and integrate them with modern technology, as 
        appropriate.

                     Section 3: Supporting measures

                               Article 19

           Capacity building, education and public awareness

    1. The Parties recognize the significance of capacity 
building--that is to say, institution building, training and 
development of relevant local and national capacities--in 
efforts to combat desertification and mitigate the effects of 
drought. They shall promote, as appropriate, capacity-building:
          (a) through the full participation at all levels of 
        local people, particularly at the local level, 
        especially women and youth, with the cooperation of 
        non-governmental and local organizations;
          (b) by strengthening training and research capacity 
        at the national level in the field of desertification 
        and drought;
          (c) by establishing and/or strengthening support and 
        extension services to disseminate relevant technology 
        methods and techniques more effectively, and by 
        training field agents and members of rural 
        organizations in participatory approaches for the 
        conservation and sustainable use of natural resources;
          (d) by fostering the use and dissemination of the 
        knowledge, know-how and practices of local people in 
        technical cooperation programmes, wherever possible;
          (e) by adapting, where necessary, relevant 
        environmentally sound technology and traditional 
        methods of agriculture and pastoralism to modern socio-
        economic conditions;
          (f) by providing appropriate training and technology 
        in the use of alternative energy sources, particularly 
        renewable energy resources, aimed particularly at 
        reducing dependence on wood for fuel;
          (g) through cooperation, as mutually agreed, to 
        strengthen the capacity of affected developing country 
        Parties to develop and implement programmes in the 
        field of collection, analysis and exchange of 
        information pursuant to article 16;
          (h) through innovative ways of promoting alternative 
        livelihoods, including training in new skills;
          (i) by training of decision makers, managers, and 
        personnel who are responsible for the collection and 
        analysis of data for the dissemination and use of early 
        warning information on drought conditions and for food 
        production;
          (j) through more effective operation of existing 
        national institutions and legal frameworks and, where 
        necessary, creation of new ones, along with 
        strengthening of strategic planning and management; and
          (k) by means of exchange visitor programmes to 
        enhance capacity building in affected country Parties 
        through a long-term, interactive process of learning 
        and study.
    2. Affected developing country Parties shall conduct, in 
cooperation with other Parties and competent intergovernmental 
and non-governmental organizations, as appropriate, an 
interdisciplinary review of available capacity and facilities 
at the local and national levels, and the potential for 
strengthening them.
    3. The Parties shall cooperate with each other and through 
competent intergovernmental organizations, as well as with non-
governmental organizations, in undertaking and supporting 
public awareness and educational programmes in both affected 
and, where relevant, unaffected country Parties to promote 
understanding of the causes and effects of desertification and 
drought and of the importance of meeting the objective of this 
Convention. To that end, they shall:
          (a) organize awareness campaigns for the general 
        public;
          (b) promote, on a permanent basis, access by the 
        public to relevant information, and wide public 
        participation in education and awareness activities;
          (c) encourage the establishment of associations that 
        contribute to public awareness;
          (d) develop and exchange educational and public 
        awareness material, where possible in local languages, 
        exchange and second experts to train personnel of 
        affected developing country Parties in carrying out 
        relevant education and awareness programmes, and fully 
        utilize relevant educational material available in 
        competent international bodies;
          (e) assess educational needs in affected areas, 
        elaborate appropriate school curricula and expand, as 
        needed, educational and adult literacy programmes and 
        opportunities for all, in particular for girls and 
        women, on the identification, conservation and 
        sustainable use and management of the natural resources 
        of affected areas; and
          (f) develop interdisciplinary participatory 
        programmes integrating desertification and drought 
        awareness into educational systems and in non-formal, 
        adult, distance and practical educational programmes.
    4. The Conference of the Parties shall establish and/or 
strengthen networks of regional education and training centres 
to combat desertification and mitigate the effects of drought. 
These networks shall be coordinated by an institution created 
or designated for that purpose, in order to train scientific, 
technical and management personnel and to strengthen existing 
institutions responsible for education and training in affected 
country Parties, where appropriate, with a view to harmonizing 
programmes and to organizing exchanges of experience among 
them. These networks shall cooperate closely with relevant 
intergovernmental and non-governmental organizations to avoid 
duplication of effort.

                               Article 20

                          Financial resources

    1. Given the central importance of financing to the 
achievement of the objective of the Convention, the Parties, 
taking into account their capabilities, shall make every effort 
to ensure that adequate financial resources are available for 
programmes to combat desertification and mitigate the effects 
of drought.
    2. In this connection, developed country Parties, while 
giving priority to affected African country Parties without 
neglecting affected developing country Parties in other 
regions, in accordance with article 7, undertake to:
          (a) mobilize substantial financial resources, 
        including grants and concessional loans, in order to 
        support the implementation of programmes to combat 
        desertification and mitigate the effects of drought;
          (b) promote the mobilization of adequate, timely and 
        predictable financial resources, including new and 
        additional funding from the Global Environment Facility 
        of the agreed incremental costs of those activities 
        concerning desertification that relate to its four 
        focal areas, in conformity with the relevant provisions 
        of the Instrument establishing the Global Environment 
        Facility;
          (c) facilitate through international cooperation the 
        transfer of technology, knowledge and know-how; and
          (d) explore, in cooperation with affected developing 
        country Parties, innovative methods and incentives for 
        mobilizing and channelling resources, including those 
        of foundations, non- governmental organizations and 
        other private sector entities, particularly debt swaps 
        and other innovative means which increase financing by 
        reducing the external debt burden of affected 
        developing country Parties, particularly those in 
        Africa.
    3. Affected developing country Parties, taking into account 
their capabilities, undertake to mobilize adequate financial 
resources for the implementation of their national action 
programmes.
    4. In mobilizing financial resources, the Parties shall 
seek full use and continued qualitative improvement of all 
national, bilateral and multilateral funding sources and 
mechanisms, using consortia, joint programmes and parallel 
financing, and shall seek to involve private sector funding 
sources and mechanisms, including those of non-governmental 
organizations. To this end, the Parties shall fully utilize the 
operational mechanisms developed pursuant to article 14.
    5. In order to mobilize the financial resources necessary 
for affected developing country Parties to combat 
desertification and mitigate the effects of drought, the 
Parties shall:
          (a) rationalize and strengthen the management of 
        resources already allocated for combating 
        desertification and mitigating the effects of drought 
        by using them more effectively and efficiently, 
        assessing their successes and shortcomings, removing 
        hindrances to their effective use and, where necessary, 
        reorienting programmes in light of the integrated long- 
        term approach adopted pursuant to this Convention;
          (b) give due priority and attention within the 
        governing bodies of multilateral financial 
        institutions, facilities and funds, including regional 
        development banks and funds, to supporting affected 
        developing country Parties, particularly those in 
        Africa, in activities which advance implementation of 
        the Convention, notably action programmes they 
        undertake in the framework of regional implementation 
        annexes; and
          (c) examine ways in which regional and subregional 
        cooperation can be strengthened to support efforts 
        undertaken at the national level.
    6. Other Parties are encouraged to provide, on a voluntary 
basis, knowledge, know-how and techniques related to 
desertification and/or financial resources to affected 
developing country Parties.
    7. The full implementation by affected developing country 
Parties, particularly those in Africa, of their obligations 
under the Convention will be greatly assisted by the fulfilment 
by developed country Parties of their obligations under the 
Convention, including in particular those regarding financial 
resources and transfer of technology. In fulfilling their 
obligations, developed country Parties should take fully into 
account that economic and social development and poverty 
eradication are the first priorities of affected developing 
country Parties, particularly those in Africa.

                               Article 21

                          Financial mechanisms

    1. The Conference of the Parties shall promote the 
availability of financial mechanisms and shall encourage such 
mechanisms to seek to maximize the availability of funding for 
affected developing country Parties, particularly those in 
Africa, to implement the Convention. To this end, the 
Conference of the Parties shall consider for adoption inter 
alia approaches and policies that:
          (a) facilitate the provision of necessary funding at 
        the national, subregional, regional and global levels 
        for activities pursuant to relevant provisions of the 
        Convention;
          (b) promote multiple-source funding approaches, 
        mechanisms and arrangements and their assessment, 
        consistent with article 20;
          (c) provide on a regular basis, to interested Parties 
        and relevant intergovernmental and non- governmental 
        organizations, information on available sources of 
        funds and on funding patterns in order to facilitate 
        coordination among them;
          (d) facilitate the establishment, as appropriate, of 
        mechanisms, such as national desertification funds, 
        including those involving the participation of non-
        governmental organizations, to channel financial 
        resources rapidly and efficiently to the local level in 
        affected developing country Parties; and
          (e) strengthen existing funds and financial 
        mechanisms at the subregional and regional levels, 
        particularly in Africa, to support more effectively the 
        implementation of the Convention.
    2. The Conference of the Parties shall also encourage the 
provision, through various mechanisms within the United Nations 
system and through multilateral financial institutions, of 
support at the national, subregional and regional levels to 
activities that enable developing country Parties to meet their 
obligations under the Convention.
    3. Affected developing country Parties shall utilize, and 
where necessary, establish and/or strengthen, national 
coordinating mechanisms, integrated in national development 
programmes, that would ensure the efficient use of all 
available financial resources. They shall also utilize 
participatory processes involving non-governmental 
organizations, local groups and the private sector, in raising 
funds, in elaborating as well as implementing programmes and in 
assuring access to funding by groups at the local level. These 
actions can be enhanced by improved coordination and flexible 
programming on the part of those providing assistance.
    4. In order to increase the effectiveness and efficiency of 
existing financial mechanisms, a Global Mechanism to promote 
actions leading to the mobilization and channelling of 
substantial financial resources, including for the transfer of 
technology, on a grant basis, and/or on concessional or other 
terms, to affected developing country Parties, is hereby 
established. This Global Mechanism shall function under the 
authority and guidance of the Conference of the Parties and be 
accountable to it.
    5. The Conference of the Parties shall identify, at its 
first ordinary session, an organization to house the Global 
Mechanism. The Conference of the Parties and the organization 
it has identified shall agree upon modalities for this Global 
Mechanism to ensure inter alia that such Mechanism:
          (a) identifies and draws up an inventory of relevant 
        bilateral and multilateral cooperation programmes that 
        are available to implement the Convention;
          (b) provides advice, on request, to Parties on 
        innovative methods of financing and sources of 
        financial assistance and on improving the coordination 
        of cooperation activities at the national level;
          (c) provides interested Parties and relevant 
        intergovernmental and non-governmental organizations 
        with information on available sources of funds and on 
        funding patterns in order to facilitate coordination 
        among them; and
          (d) reports to the Conference of the Parties, 
        beginning at its second ordinary session, on its 
        activities.
    6. The Conference of the Parties shall, at its first 
session, make appropriate arrangements with the organization it 
has identified to house the Global Mechanism for the 
administrative operations of such Mechanism, drawing to the 
extent possible on existing budgetary and human resources.
    7. The Conference of the Parties shall, at its third 
ordinary session, review the policies, operational modalities 
and activities of the Global Mechanism accountable to it 
pursuant to paragraph 4, taking into account the provisions of 
article 7. On the basis of this review, it shall consider and 
take appropriate action.

                         Part IV--Institutions

                               Article 22

                       Conference of the Parties

    1. A Conference of the Parties is hereby established.
    2. The Conference of the Parties is the supreme body of the 
Convention. It shall make, within its mandate, the decisions 
necessary to promote its effective implementation. In 
particular, it shall:
          (a) regularly review the implementation of the 
        Convention and the functioning of its institutional 
        arrangements in the light of the experience gained at 
        the national, subregional, regional and international 
        levels and on the basis of the evolution of scientific 
        and technological knowledge;
          (b) promote and facilitate the exchange of 
        information on measures adopted by the Parties, and 
        determine the form and timetable for transmitting the 
        information to be submitted pursuant to article 26, 
        review the reports and make recommendations on them;
          (c) establish such subsidiary bodies as are deemed 
        necessary for the implementation of the Convention;
          (d) review reports submitted by its subsidiary bodies 
        and provide guidance to them;
          (e) agree upon and adopt, by consensus, rules of 
        procedure and financial rules for itself and any 
        subsidiary bodies;
          (f) adopt amendments to the Convention pursuant to 
        articles 30 and 31;
          (g) approve a programme and budget for its 
        activities, including those of its subsidiary bodies, 
        and undertake necessary arrangements for their 
        financing;
          (h) as appropriate, seek the cooperation of, and 
        utilize the services of and information provided by, 
        competent bodies or agencies, whether national or 
        international, intergovernmental or non-governmental;
          (i) promote and strengthen the relationship with 
        other relevant conventions while avoiding duplication 
        of effort; and
          (j) exercise such other functions as may be necessary 
        for the achievement of the objective of the Convention.
    3. The Conference of the Parties shall, at its first 
session, adopt its own rules of procedure, by consensus, which 
shall include decision-making procedures for matters not 
already covered by decision-making procedures stipulated in the 
Convention. Such procedures may include specified majorities 
required for the adoption of particular decisions.
    4. The first session of the Conference of the Parties shall 
be convened by the interim secretariat referred to in article 
35 and shall take place not later than one year after the date 
of entry into force of the Convention. Unless otherwise decided 
by the Conference of the Parties, the second, third and fourth 
ordinary sessions shall be held yearly, and thereafter, 
ordinary sessions shall be held every two years.
    5. Extraordinary sessions of the Conference of the Parties 
shall be held at such other times as may be decided either by 
the Conference of the Parties in ordinary session or at the 
written request of any Party, provided that, within three 
months of the request being communicated to the Parties by the 
Permanent Secretariat, it is supported by at least one third of 
the Parties.
    6. At each ordinary session, the Conference of the Parties 
shall elect a Bureau. The structure and functions of the Bureau 
shall be determined in the rules of procedure. In appointing 
the Bureau, due regard shall be paid to the need to ensure 
equitable geographical distribution and adequate representation 
of affected country Parties, particularly those in Africa.
    7. The United Nations, its specialized agencies and any 
State member thereof or observers thereto not Party to the 
Convention, may be represented at sessions of the Conference of 
the Parties as observers. Any body or agency, whether national 
or international, governmental or non-governmental, which is 
qualified in matters covered by the Convention, and which has 
informed the Permanent Secretariat of its wish to be 
represented at a session of the Conference of the Parties as an 
observer, may be so admitted unless at least one third of the 
Parties present object. The admission and participation of 
observers shall be subject to the rules of procedure adopted by 
the Conference of the Parties.
    8. The Conference of the Parties may request competent 
national and international organizations which have relevant 
expertise to provide it with information relevant to article 
16, paragraph (g), article 17, paragraph 1 (c) and article 18, 
paragraph 2(b).

                               Article 23

                         Permanent Secretariat

    1. A Permanent Secretariat is hereby established.
    2. The functions of the Permanent Secretariat shall be:
          (a) to make arrangements for sessions of the 
        Conference of the Parties and its subsidiary bodies 
        established under the Convention and to provide them 
        with services as required;
          (b) to compile and transmit reports submitted to it;
          (c) to facilitate assistance to affected developing 
        country Parties, on request, particularly those in 
        Africa, in the compilation and communication of 
        information required under the Convention;
          (d) to coordinate its activities with the 
        secretariats of other relevant international bodies and 
        conventions;
          (e) to enter, under the guidance of the Conference of 
        the Parties, into such administrative and contractual 
        arrangements as may be required for the effective 
        discharge of its functions;
          (f) to prepare reports on the execution of its 
        functions under this Convention and present them to the 
        Conference of the Parties; and
          (g) to perform such other secretariat functions as 
        may be determined by the Conference of the Parties.
    3. The Conference of the Parties, at its first session, 
shall designate a Permanent Secretariat and make arrangements 
for its functioning.

                               Article 24

                  Committee on Science and Technology

    1. A Committee on Science and Technology is hereby 
established as a subsidiary body of the Conference of the 
Parties to provide it with information and advice on scientific 
and technological matters relating to combating desertification 
and mitigating the effects of drought. The Committee shall meet 
in conjunction with the ordinary sessions of the Conference of 
the Parties and shall be multidisciplinary and open to the 
participation of all Parties. It shall be composed of 
government representatives competent in the relevant fields of 
expertise. The Conference of the Parties shall decide, at its 
first session, on the terms of reference of the Committee.
    2. The Conference of the Parties shall establish and 
maintain a roster of independent experts with expertise and 
experience in the relevant fields. The roster shall be based on 
nominations received in writing from the Parties, taking into 
account the need for a multidisciplinary approach and broad 
geographical representation.
    3. The Conference of the Parties may, as necessary, appoint 
ad hoc panels to provide it, through the Committee, with 
information and advice on specific issues regarding the state 
of the art in fields of science and technology relevant to 
combating desertification and mitigating the effects of 
drought. These panels shall be composed of experts whose names 
are taken from the roster, taking into account the need for a 
multidisciplinary approach and broad geographical 
representation. These experts shall have scientific backgrounds 
and field experience and shall be appointed by the Conference 
of the Parties on the recommendation of the Committee. The 
Conference of the Parties shall decide on the terms of 
reference and the modalities of work of these panels.

                               Article 25

            Networking of institutions, agencies and bodies

    1. The Committee on Science and Technology shall, under the 
supervision of the Conference of the Parties, make provision 
for the undertaking of a survey and evaluation of the relevant 
existing networks, institutions, agencies and bodies willing to 
become units of a network. Such a network shall support the 
implementation of the Convention.
    2. On the basis of the results of the survey and evaluation 
referred to in paragraph 1, the Committee on Science and 
Technology shall make recommendations to the Conference of the 
Parties on ways and means to facilitate and strengthen 
networking of the units at the local, national and other 
levels, with a view to ensuring that the thematic needs set out 
in articles 16 to 19 are addressed.
    3. Taking into account these recommendations, the 
Conference of the Parties shall:
          (a) identify those national, subregional, regional 
        and international units that are most appropriate for 
        networking, and recommend operational procedures, and a 
        time frame, for them; and
          (b) identify the units best suited to facilitating 
        and strengthening such networking at all levels.

                           Part V--Procedures

                               Article 26

                      Communication of information

    1. Each Party shall communicate to the Conference of the 
Parties for consideration at its ordinary sessions, through the 
Permanent Secretariat, reports on the measures which it has 
taken for the implementation of the Convention. The Conference 
of the Parties shall determine the timetable for submission and 
the format of such reports.
    2. Affected country Parties shall provide a description of 
the strategies established pursuant to article 5 and of any 
relevant information on their implementation.
    3. Affected country Parties which implement action 
programmes pursuant to articles 9 to 15 shall provide a 
detailed description of the programmes and of their 
implementation.
    4. Any group of affected country Parties may make a joint 
communication on measures taken at the subregional and/or 
regional levels in the framework of action programmes.
    5. Developed country Parties shall report on measures taken 
to assist in the preparation and implementation of action 
programmes, including information on the financial resources 
they have provided, or are providing, under the Convention.
    6. Information communicated pursuant to paragraphs 1 to 4 
shall be transmitted by the Permanent Secretariat as soon as 
possible to the Conference of the Parties and to any relevant 
subsidiary body.
    7. The Conference of the Parties shall facilitate the 
provision to affected developing countries, particularly those 
in Africa, on request, of technical and financial support in 
compiling and communicating information in accordance with this 
article, as well as identifying the technical and financial 
needs associated with action programmes.

                               Article 27

            Measures to resolve questions on implementation

    The Conference of the Parties shall consider and adopt 
procedures and institutional mechanisms for the resolution of 
questions that may arise with regard to the implementation of 
the Convention.

                               Article 28

                         Settlement of disputes

    1. Parties shall settle any dispute between them concerning 
the interpretation or application of the Convention through 
negotiation or other peaceful means of their own choice.
    2. When ratifying, accepting, approving, or acceding to the 
Convention, or at any time thereafter, a Party which is not a 
regional economic integration organization may declare in a 
written instrument submitted to the Depositary that, in respect 
of any dispute concerning the interpretation or application of 
the Convention, it recognizes one or both of the following 
means of dispute settlement as compulsory in relation to any 
Party accepting the same obligation:
          (a) arbitration in accordance with procedures adopted 
        by the Conference of the Parties in an annex as soon as 
        practicable;
          (b) submission of the dispute to the International 
        Court of Justice.
    3. A Party which is a regional economic integration 
organization may make a declaration with like effect in 
relation to arbitration in accordance with the procedure 
referred to in paragraph 2 (a).
    4. A declaration made pursuant to paragraph 2 shall remain 
in force until it expires in accordance with its terms or until 
three months after written notice of its revocation has been 
deposited with the Depositary.
    5. The expiry of a declaration, a notice of revocation or a 
new declaration shall not in any way affect proceedings pending 
before an arbitral tribunal or the International Court of 
Justice unless the Parties to the dispute otherwise agree.
    6. If the Parties to a dispute have not accepted the same 
or any procedure pursuant to paragraph 2 and if they have not 
been able to settle their dispute within twelve months 
following notification by one Party to another that a dispute 
exists between them, the dispute shall be submitted to 
conciliation at the request of any Party to the dispute, in 
accordance with procedures adopted by the Conference of the 
Parties in an annex as soon as practicable.

                               Article 29

                           Status of annexes

    1. Annexes form an integral part of the Convention and, 
unless expressly provided otherwise, a reference to the 
Convention also constitutes a reference to its annexes.
    2. The Parties shall interpret the provisions of the 
annexes in a manner that is in conformity with their rights and 
obligations under the articles of this Convention.

                               Article 30

                      Amendments to the Convention

    1. Any Party may propose amendments to the Convention.
    2. Amendments to the Convention shall be adopted at an 
ordinary session of the Conference of the Parties. The text of 
any proposed amendment shall be communicated to the Parties by 
the Permanent Secretariat at least six months before the 
meeting at which it is proposed for adoption. The Permanent 
Secretariat shall also communicate proposed amendments to the 
signatories to the Convention.
    3. The Parties shall make every effort to reach agreement 
on any proposed amendment to the Convention by consensus. If 
all efforts at consensus have been exhausted and no agreement 
reached, the amendment shall, as a last resort, be adopted by a 
two-thirds majority vote of the Parties present and voting at 
the meeting. The adopted amendment shall be communicated by the 
Permanent Secretariat to the Depositary, who shall circulate it 
to all Parties for their ratification, acceptance, approval or 
accession.
    4. Instruments of ratification, acceptance, approval or 
accession in respect of an amendment shall be deposited with 
the Depositary. An amendment adopted pursuant to paragraph 3 
shall enter into force for those Parties having accepted it on 
the ninetieth day after the date of receipt by the Depositary 
of an instrument of ratification, acceptance, approval or 
accession by at least two thirds of the Parties to the 
Convention which were Parties at the time of the adoption of 
the amendment.
    5. The amendment shall enter into force for any other Party 
on the ninetieth day after the date on which that Party 
deposits with the Depositary its instrument of ratification, 
acceptance or approval of, or accession to the said amendment.
    6. For the purposes of this article and article 31, 
``Parties present and voting'' means Parties present and 
casting an affirmative or negative vote.

                               Article 31

                   Adoption and amendment of annexes

    1. Any additional annex to the Convention and any amendment 
to an annex shall be proposed and adopted in accordance with 
the procedure for amendment of the Convention set forth in 
article 30, provided that, in adopting an additional regional 
implementation annex or amendment to any regional 
implementation annex, the majority provided for in that article 
shall include a two-thirds majority vote of the Parties of the 
region concerned present and voting. The adoption or amendment 
of an annex shall be communicated by the Depositary to all 
Parties.
    2. An annex, other than an additional regional 
implementation annex, or an amendment to an annex, other than 
an amendment to any regional implementation annex, that has 
been adopted in accordance with paragraph 1, shall enter into 
force for all Parties to the Convention six months after the 
date of communication by the Depositary to such Parties of the 
adoption of such annex or amendment, except for those Parties 
that have notified the Depositary in writing within that period 
of their non- acceptance of such annex or amendment. Such annex 
or amendment shall enter into force for Parties which withdraw 
their notification of non-acceptance on the ninetieth day after 
the date on which withdrawal of such notification has been 
received by the Depositary.
    3. An additional regional implementation annex or amendment 
to any regional implementation annex that has been adopted in 
accordance with paragraph 1, shall enter into force for all 
Parties to the Convention six months after the date of the 
communication by the Depositary to such Parties of the adoption 
of such annex or amendment, except with respect to:
          (a) any Party that has notified the Depositary in 
        writing, within such six month period, of its non-
        acceptance of that additional regional implementation 
        annex or of the amendment to the regional 
        implementation annex, in which case such annex or 
        amendment shall enter into force for Parties which 
        withdraw their notification of non-acceptance on the 
        ninetieth day after the date on which withdrawal of 
        such notification has been received by the Depositary; 
        and
          (b) any Party that has made a declaration with 
        respect to additional regional implementation annexes 
        or amendments to regional implementation annexes in 
        accordance with article 34, paragraph 4, in which case 
        any such annex or amendment shall enter into force for 
        such a Party on the ninetieth day after the date of 
        deposit with the Depositary of its instrument of 
        ratification, acceptance, approval or accession with 
        respect to such annex or amendment.
    4. If the adoption of an annex or an amendment to an annex 
involves an amendment to the Convention, that annex or 
amendment to an annex shall not enter into force until such 
time as the amendment to the Convention enters into force.

                               Article 32

                             Right to vote

    1. Except as provided for in paragraph 2, each Party to the 
Convention shall have one vote.
    2. Regional economic integration organizations, in matters 
within their competence, shall exercise their right to vote 
with a number of votes equal to the number of their member 
States that are Parties to the Convention. Such an organization 
shall not exercise its right to vote if any of its member 
States exercises its right, and vice versa.

                       Part VI--Final Provisions

                               Article 33

                               Signature

    This Convention shall be opened for signature at Paris, on 
14-15 October 1994, by States Members of the United Nations or 
any of its specialized agencies or that are Parties to the 
Statute of the International Court of Justice and by regional 
economic integration organizations. It shall remain open for 
signature, thereafter, at the United Nations Headquarters in 
New York until 13 October 1995.

                               Article 34

            Ratification, acceptance, approval and accession

    1. The Convention shall be subject to ratification, 
acceptance, approval or accession by States and by regional 
economic integration organizations. It shall be open for 
accession from the day after the date on which the Convention 
is closed for signature. Instruments of ratification, 
acceptance, approval or accession shall be deposited with the 
Depositary.
    2. Any regional economic integration organization which 
becomes a Party to the Convention without any of its member 
States being a Party to the Convention shall be bound by all 
the obligations under the Convention. Where one or more member 
States of such an organization are also Party to the 
Convention, the organization and its member States shall decide 
on their respective responsibilities for the performance of 
their obligations under the Convention. In such cases, the 
organization and the member States shall not be entitled to 
exercise rights under the Convention concurrently.
    3. In their instruments of ratification, acceptance, 
approval or accession, regional economic integration 
organizations shall declare the extent of their competence with 
respect to the matters governed by the Convention. They shall 
also promptly inform the Depositary, who shall in turn inform 
the Parties, of any substantial modification in the extent of 
their competence.
    4. In its instrument of ratification, acceptance, approval 
or accession, any Party may declare that, with respect to it, 
any additional regional implementation annex or any amendment 
to any regional implementation annex shall enter into force 
only upon the deposit of its instrument of ratification, 
acceptance, approval or accession with respect thereto.

                               Article 35

                          Interim arrangements

    The secretariat functions referred to in article 23 will be 
carried out on an interim basis by the secretariat established 
by the General Assembly of the United Nations in its resolution 
47/188 of 22 December 1992, until the completion of the first 
session of the Conference of the Parties.

                               Article 36

                            Entry into force

    1. The Convention shall enter into force on the ninetieth 
day after the date of deposit of the fiftieth instrument of 
ratification, acceptance, approval or accession.
    2. For each State or regional economic integration 
organization ratifying, accepting, approving or acceding to the 
Convention after the deposit of the fiftieth instrument of 
ratification, acceptance, approval or accession, the Convention 
shall enter into force on the ninetieth day after the date of 
deposit by such State or regional economic integration 
organization of its instrument of ratification, acceptance, 
approval or accession.
    3. For the purposes of paragraphs 1 and 2, any instrument 
deposited by a regional economic integration organization shall 
not be counted as additional to those deposited by States 
members of the organization.

                               Article 37

                              Reservations

    No reservations may be made to this Convention.

                               Article 38

                               Withdrawal

    1. At any time after three years from the date on which the 
Convention has entered into force for a Party, that Party may 
withdraw from the Convention by giving written notification to 
the Depositary.
    2. Any such withdrawal shall take effect upon expiry of one 
year from the date of receipt by the Depositary of the 
notification of withdrawal, or on such later date as may be 
specified in the notification of withdrawal.

                               Article 39

                               Depositary

    The Secretary-General of the United Nations shall be the 
Depositary of the Convention.

                               Article 40

                            Authentic texts

    The original of the present Convention, of which the 
Arabic, Chinese, English, French, Russian and Spanish texts are 
equally authentic, shall be deposited with the Secretary-
General of the United Nations.

    In witness whereof the undersigned, being duly authorized 
to that effect, have signed the present Convention.

    Done at Paris, this 17th day of June one thousand nine 
hundred and ninety-four.
---------------------------------------------------------------------------
    \2\ For text of annexes regarding regional implementation, see: 
http://www.unccd.int/convention/text/convention.php
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         Annex I--Regional Implementation Annex for Africa \2\

          Annex II--Regional Implementation Annex for Asia \2\

  Annex III--Regional Implementation Annex for Latin America and the 
                             Caribbean \2\

Annex IV--Regional Implementation Annex for the Northern Mediterranean 
                                  \2\

 Annex V--Regional Implementation Annex for Central and Eastern Europe 
                                  \2\
    8. Revised Text of the International Plant Protection Convention

 Done at Rome, November 17, 1997; Ratification advised by the Senate, 
         October 18, 2000; Entered into force, October 2, 2005

   Revised Text of the International Plant Protection Convention \1\

                                Preamble

    The  contracting parties,
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Convention, see 
Department of State publication, Treaties in Force.

    Recognizing the necessity for international cooperation in 
controlling pests of plants and plant products and in 
preventing their international spread, and especially their 
---------------------------------------------------------------------------
introduction into endangered areas;

    Recognizing that phytosanitary measures should be 
technically justified, transparent and should not be applied in 
such a way as to constitute either a means of arbitrary or 
unjustified discrimination or a disguised restriction, 
particularly on international trade;

    Desiring to ensure close coordination of measures directed 
to these ends;

    Desiring to provide a framework for the development and 
application of harmonized phytosanitary measures and the 
elaboration of international standards to that effect;

    Taking into account internationally approved principles 
governing the protection of plant, human and animal health, and 
the environment; and

    Noting the agreements concluded as a result of the Uruguay 
Round of Multilateral Trade Negotiations, including the 
Agreement on the Application of Sanitary and Phytosanitary 
Measures;

    Have agreed as follows:

                               Article I

                       Purpose and responsibility

    1. With the purpose of securing common and effective action 
to prevent the spread and introduction of pests of plants and 
plant products, and to promote appropriate measures for their 
control, the contracting parties undertake to adopt the 
legislative, technical and administrative measures specified in 
this Convention and in supplementary agreements pursuant to 
Article XVI.
    2. Each contracting party shall assume responsibility, 
without prejudice to obligations assumed under other 
international agreements, for the fulfilment within its 
territories of all requirements under this Convention.
    3. The division of responsibilities for the fulfilment of 
the requirements of this Convention between member 
organizations of FAO and their member states that are 
contracting parties shall be in accordance with their 
respective competencies.
    4. Where appropriate, the provisions of this Convention may 
be deemed by contracting parties to extend, in addition to 
plants and plant products, to storage places, packaging, 
conveyances, containers, soil and any other organism, object or 
material capable of harbouring or spreading plant pests, 
particularly where international transportation is involved.

                               Article II

                              Use of terms

    1. For the purpose of this Convention, the following terms 
shall have the meanings hereunder assigned to them:
          ``Area of low pest prevalence''--an area, whether all 
        of a country, part of a country, or all or parts of 
        several countries, as identified by the competent 
        authorities, in which a specific pest occurs at low 
        levels and which is subject to effective surveillance, 
        control or eradication measures;
          ``Commission''--the Commission on Phytosanitary 
        Measures established under Article XI;
          ``Endangered area''--an area where ecological factors 
        favour the establishment of a pest whose presence in 
        the area will result in economically important loss;
          ``Establishment''--perpetuation, for the foreseeable 
        future, of a pest within an area after entry;
          ``Harmonized phytosanitary measures''--phytosanitary 
        measures established by contracting parties based on 
        international standards;
          ``International standards''--international standards 
        established in accordance with Article X, paragraphs 1 
        and 2;
          ``Introduction''--the entry of a pest resulting in 
        its establishment;
          ``Pest''--any species, strain or biotype of plant, 
        animal or pathogenic agent injurious to plants or plant 
        products;
          ``Pest risk analysis''--the process of evaluating 
        biological or other scientific and economic evidence to 
        determine whether a pest should be regulated and the 
        strength of any phytosanitary measures to be taken 
        against it;
          ``Phytosanitary measure''--any legislation, 
        regulation or official procedure having the purpose to 
        prevent the introduction and/or spread of pests;
          ``Plant products''--unmanufactured material of plant 
        origin (including grain) and those manufactured 
        products that, by their nature or that of their 
        processing, may create a risk for the introduction and 
        spread of pests;
          ``Plants''--living plants and parts thereof, 
        including seeds and germplasm;
          ``Quarantine pest''--a pest of potential economic 
        importance to the area endangered thereby and not yet 
        present there, or present but not widely distributed 
        and being officially controlled;
          ``Regional standards''--standards established by a 
        regional plant protection organization for the guidance 
        of the members of that organization;
          ``Regulated article''--any plant, plant product, 
        storage place, packaging, conveyance, container, soil 
        and any other organism, object or material capable of 
        harbouring or spreading pests, deemed to require 
        phytosanitary measures, particularly where 
        international transportation is involved;
          ``Regulated non-quarantine pest''--a non-quarantine 
        pest whose presence in plants for planting affects the 
        intended use of those plants with an economically 
        unacceptable impact and which is therefore regulated 
        within the territory of the importing contracting 
        party;
          ``Regulated pest''--a quarantine pest or a regulated 
        non-quarantine pest;
          ``Secretary''--Secretary of the Commission appointed 
        pursuant to Article XII;
          ``Technically justified''--justified on the basis of 
        conclusions reached by using an appropriate pest risk 
        analysis or, where applicable, another comparable 
        examination and evaluation of available scientific 
        information.
    2. The definitions set forth in this Article, being limited 
to the application of this Convention, shall not be deemed to 
affect definitions established under domestic laws or 
regulations of contracting parties.

                              Article III

            Relationship with other international agreements

    Nothing in this Convention shall affect the rights and 
obligations of the contracting parties under relevant 
international agreements.

                               Article IV

  General provisions relating to the organizational arrangements for 
                       national plant protection

    1. Each contracting party shall make provision, to the best 
of its ability, for an official national plant protection 
organization with the main responsibilities set out in this 
Article.
    2. The responsibilities of an official national plant 
protection organization shall include the following:
          a) the issuance of certificates relating to the 
        phytosanitary regulations of the importing contracting 
        party for consignments of plants, plant products and 
        other regulated articles;
          b) the surveillance of growing plants, including both 
        areas under cultivation (inter alia fields, 
        plantations, nurseries, gardens, greenhouses and 
        laboratories) and wild flora, and of plants and plant 
        products in storage or in transportation, particularly 
        with the object of reporting the occurrence, outbreak 
        and spread of pests, and of controlling those pests, 
        including the reporting referred to under Article VIII 
        paragraph 1(a);
          c) the inspection of consignments of plants and plant 
        products moving in international traffic and, where 
        appropriate, the inspection of other regulated 
        articles, particularly with the object of preventing 
        the introduction and/or spread of pests;
          d) the disinfestation or disinfection of consignments 
        of plants, plant products and other regulated articles 
        moving in international traffic, to meet phytosanitary 
        requirements;
          e) the protection of endangered areas and the 
        designation, maintenance and surveillance of pest free 
        areas and areas of low pest prevalence;
          f) the conduct of pest risk analyses;
          g) to ensure through appropriate procedures that the 
        phytosanitary security of consignments after 
        certification regarding composition, substitution and 
        reinfestation is maintained prior to export; and
          h) training and development of staff.
    3. Each contracting party shall make provision, to the best 
of its ability, for the following:
          a) the distribution of information within the 
        territory of the contracting party regarding regulated 
        pests and the means of their prevention and control;
          b) research and investigation in the field of plant 
        protection;
          c) the issuance of phytosanitary regulations; and
          d) the performance of such other functions as may be 
        required for the implementation of this Convention.
    4. Each contracting party shall submit a description of its 
official national plant protection organization and of changes 
in such organization to the Secretary. A contracting party 
shall provide a description of its organizational arrangements 
for plant protection to another contracting party, upon 
request.

                               Article V

                      Phytosanitary certification

    1. Each contracting party shall make arrangements for 
phytosanitary certification, with the objective of ensuring 
that exported plants, plant products and other regulated 
articles and consignments thereof are in conformity with the 
certifying statement to be made pursuant to paragraph 2(b) of 
this Article.
    2. Each contracting party shall make arrangements for the 
issuance of phytosanitary certificates in conformity with the 
following provisions:
          a) Inspection and other related activities leading to 
        issuance of phytosanitary certificates shall be carried 
        out only by or under the authority of the official 
        national plant protection organization. The issuance of 
        phytosanitary certificates shall be carried out by 
        public officers who are technically qualified and duly 
        authorized by the official national plant protection 
        organization to act on its behalf and under its control 
        with such knowledge and information available to those 
        officers that the authorities of importing contracting 
        parties may accept the phytosanitary certificates with 
        confidence as dependable documents.
          b) Phytosanitary certificates, or their electronic 
        equivalent where accepted by the importing contracting 
        party concerned, shall be as worded in the models set 
        out in the Annex to this Convention. These certificates 
        should be completed and issued taking into account 
        relevant international standards.
          c) Uncertified alterations or erasures shall 
        invalidate the certificates.
    3. Each contracting party undertakes not to require 
consignments of plants or plant products or other regulated 
articles imported into its territories to be accompanied by 
phytosanitary certificates inconsistent with the models set out 
in the Annex to this Convention. Any requirements for 
additional declarations shall be limited to those technically 
justified.

                               Article VI

                            Regulated pests

    1. Contracting parties may require phytosanitary measures 
for quarantine pests and regulated non-quarantine pests, 
provided that such measures are:
          a) no more stringent than measures applied to the 
        same pests, if present within the territory of the 
        importing contracting party; and
          b) limited to what is necessary to protect plant 
        health and/or safeguard the intended use and can be 
        technically justified by the contracting party 
        concerned.
    2. Contracting parties shall not require phytosanitary 
measures for non-regulated pests.

                              Article VII

                  Requirements in relation to imports

    1. With the aim of preventing the introduction and/or 
spread of regulated pests into their territories, contracting 
parties shall have sovereign authority to regulate, in 
accordance with applicable international agreements, the entry 
of plants and plant products and other regulated articles and, 
to this end, may:
          a) prescribe and adopt phytosanitary measures 
        concerning the importation of plants, plant products 
        and other regulated articles, including, for example, 
        inspection, prohibition on importation, and treatment;
          b) refuse entry or detain, or require treatment, 
        destruction or removal from the territory of the 
        contracting party, of plants, plant products and other 
        regulated articles or consignments thereof that do not 
        comply with the phytosanitary measures prescribed or 
        adopted under subparagraph (a);
          c) prohibit or restrict the movement of regulated 
        pests into their territories;
          d) prohibit or restrict the movement of biological 
        control agents and other organisms of phytosanitary 
        concern claimed to be beneficial into their 
        territories.
    2. In order to minimize interference with international 
trade, each contracting party, in exercising its authority 
under paragraph 1 of this Article, undertakes to act in 
conformity with the following:
          a) Contracting parties shall not, under their 
        phytosanitary legislation, take any of the measures 
        specified in paragraph 1 of this Article unless such 
        measures are made necessary by phytosanitary 
        considerations and are technically justified.
          b) Contracting parties shall, immediately upon their 
        adoption, publish and transmit phytosanitary 
        requirements, restrictions and prohibitions to any 
        contracting party or parties that they believe may be 
        directly affected by such measures.
          c) Contracting parties shall, on request, make 
        available to any contracting party the rationale for 
        phytosanitary requirements, restrictions and 
        prohibitions.
          d) If a contracting party requires consignments of 
        particular plants or plant products to be imported only 
        through specified points of entry, such points shall be 
        so selected as not to unnecessarily impede 
        international trade. The contracting party shall 
        publish a list of such points of entry and communicate 
        it to the Secretary, any regional plant protection 
        organization of which the contracting party is a 
        member, all contracting parties which the contracting 
        party believes to be directly affected, and other 
        contracting parties upon request. Such restrictions on 
        points of entry shall not be made unless the plants, 
        plant products or other regulated articles concerned 
        are required to be accompanied by phytosanitary 
        certificates or to be submitted to inspection or 
        treatment.
          e) Any inspection or other phytosanitary procedure 
        required by the plant protection organization of a 
        contracting party for a consignment of plants, plant 
        products or other regulated articles offered for 
        importation, shall take place as promptly as possible 
        with due regard to their perishability.
          f) Importing contracting parties shall, as soon as 
        possible, inform the exporting contracting party 
        concerned or, where appropriate, the re-exporting 
        contracting party concerned, of significant instances 
        of non-compliance with phytosanitary certification. The 
        exporting contracting party or, where appropriate, the 
        reexporting contracting party concerned, should 
        investigate and, on request, report the result of its 
        investigation to the importing contracting party 
        concerned.
          g) Contracting parties shall institute only 
        phytosanitary measures that are technically justified, 
        consistent with the pest risk involved and represent 
        the least restrictive measures available, and result in 
        the minimum impediment to the international movement of 
        people, commodities and conveyances.
          h) Contracting parties shall, as conditions change, 
        and as new facts become available, ensure that 
        phytosanitary measures are promptly modified or removed 
        if found to be unnecessary.
          i) Contracting parties shall, to the best of their 
        ability, establish and update lists of regulated pests, 
        using scientific names, and make such lists available 
        to the Secretary, to regional plant protection 
        organizations of which they are members and, on 
        request, to other contracting parties.
          j) Contracting parties shall, to the best of their 
        ability, conduct surveillance for pests and develop and 
        maintain adequate information on pest status in order 
        to support categorization of pests, and for the 
        development of appropriate phytosanitary measures. This 
        information shall be made available to contracting 
        parties, on request.
    3. A contracting party may apply measures specified in this 
Article to pests which may not be capable of establishment in 
its territories but, if they gained entry, cause economic 
damage. Measures taken against these pests must be technically 
justified.
    4. Contracting parties may apply measures specified in this 
Article to consignments in transit through their territories 
only where such measures are technically justified and 
necessary to prevent the introduction and/or spread of pests.
    5. Nothing in this Article shall prevent importing 
contracting parties from making special provision, subject to 
adequate safeguards, for the importation, for the purpose of 
scientific research, education, or other specific use, of 
plants and plant products and other regulated articles, and of 
plant pests.
    6. Nothing in this Article shall prevent any contracting 
party from taking appropriate emergency action on the detection 
of a pest posing a potential threat to its territories or the 
report of such a detection. Any such action shall be evaluated 
as soon as possible to ensure that its continuance is 
justified. The action taken shall be immediately reported to 
contracting parties concerned, the Secretary, and any regional 
plant protection organization of which the contracting party is 
a member.

                              Article VIII

                       International cooperation

    1. The contracting parties shall cooperate with one another 
to the fullest practicable extent in achieving the aims of this 
Convention, and shall in particular:
          a) cooperate in the exchange of information on plant 
        pests, particularly the reporting of the occurrence, 
        outbreak or spread of pests that may be of immediate or 
        potential danger, in accordance with such procedures as 
        may be established by the Commission;
          b) participate, in so far as is practicable, in any 
        special campaigns for combatting pests that may 
        seriously threaten crop production and need 
        international action to meet the emergencies; and
          c) cooperate, to the extent practicable, in providing 
        technical and biological information necessary for pest 
        risk analysis.
    2. Each contracting party shall designate a contact point 
for the exchange of information connected with the 
implementation of this Convention.

                               Article IX

                Regional plant protection organizations

    1. The contracting parties undertake to cooperate with one 
another in establishing regional plant protection organizations 
in appropriate areas.
    2. The regional plant protection organizations shall 
function as the coordinating bodies in the areas covered, shall 
participate in various activities to achieve the objectives of 
this Convention and, where appropriate, shall gather and 
disseminate information.
    3. The regional plant protection organizations shall 
cooperate with the Secretary in achieving the objectives of the 
Convention and, where appropriate, cooperate with the Secretary 
and the Commission in developing international standards.
    4. The Secretary will convene regular Technical 
Consultations of representatives of regional plant protection 
organizations to:
          a) promote the development and use of relevant 
        international standards for phytosanitary measures; and
          b) encourage inter-regional cooperation in promoting 
        harmonized phytosanitary measures for controlling pests 
        and in preventing their spread and/or introduction.

                               Article X

                               Standards

    1. The contracting parties agree to cooperate in the 
development of international standards in accordance with the 
procedures adopted by the Commission.
    2. International standards shall be adopted by the 
Commission.
    3. Regional standards should be consistent with the 
principles of this Convention; such standards may be deposited 
with the Commission for consideration as candidates for 
international standards for phytosanitary measures if more 
broadly applicable.
    4. Contracting parties should take into account, as 
appropriate, international standards when undertaking 
activities related to this Convention.

                               Article XI

                  Commission on Phytosanitary Measures

    1. Contracting parties agree to establish the Commission on 
Phytosanitary Measures within the framework of the Food and 
Agriculture Organization of the United Nations (FAO).
    2. The functions of the Commission shall be to promote the 
full implementation of the objectives of the Convention and, in 
particular, to:
          a) review the state of plant protection in the world 
        and the need for action to control the international 
        spread of pests and their introduction into endangered 
        areas;
          b) establish and keep under review the necessary 
        institutional arrangements and procedures for the 
        development and adoption of international standards, 
        and to adopt international standards;
          c) establish rules and procedures for the resolution 
        of disputes in accordance with Article XIII;
          d) establish such subsidiary bodies of the Commission 
        as may be necessary for the proper implementation of 
        its functions;
          e) adopt guidelines regarding the recognition of 
        regional plant protection organizations;
          f) establish cooperation with other relevant 
        international organizations on matters covered by this 
        Convention;
          g) adopt such recommendations for the implementation 
        of the Convention as necessary; and
          h) perform such other functions as may be necessary 
        to the fulfilment of the objectives of this Convention.
    3. Membership in the Commission shall be open to all 
contracting parties.
    4. Each contracting party may be represented at sessions of 
the Commission by a single delegate who may be accompanied by 
an alternate, and by experts and advisers. Alternates, experts 
and advisers may take part in the proceedings of the Commission 
but may not vote, except in the case of an alternate who is 
duly authorized to substitute for the delegate.
    5. The contracting parties shall make every effort to reach 
agreement on all matters by consensus. If all efforts to reach 
consensus have been exhausted and no agreement is reached, the 
decision shall, as a last resort, be taken by a two-thirds 
majority of the contracting parties present and voting.
    6. A member organization of FAO that is a contracting party 
and the member states of that member organization that are 
contracting parties shall exercise their membership rights and 
fulfil their membership obligations in accordance, mutatis 
mutandis, with the Constitution and General Rules of FAO.
    7. The Commission may adopt and amend, as required, its own 
Rules of Procedure, which shall not be inconsistent with this 
Convention or with the Constitution of FAO.
    8. The Chairperson of the Commission shall convene an 
annual regular session of the Commission.
    9. Special sessions of the Commission shall be convened by 
the Chairperson of the Commission at the request of at least 
one-third of its members.
    10. The Commission shall elect its Chairperson and no more 
than two Vice-Chairpersons, each of whom shall serve for a term 
of two years.

                              Article XII

                              Secretariat

    1. The Secretary of the Commission shall be appointed by 
the Director-General of FAO.
    2. The Secretary shall be assisted by such secretariat 
staff as may be required.
    3. The Secretary shall be responsible for implementing the 
policies and activities of the Commission and carrying out such 
other functions as may be assigned to the Secretary by this 
Convention and shall report thereon to the Commission.
    4. The Secretary shall disseminate:
          a) international standards to all contracting parties 
        within sixty days of adoption;
          b) to all contracting parties, lists of points of 
        entry under Article VII paragraph 2(d) communicated by 
        contracting parties;
          c) lists of regulated pests whose entry is prohibited 
        or referred to in Article VII paragraph 2(i) to all 
        contracting parties and regional plant protection 
        organizations;
          d) information received from contracting parties on 
        phytosanitary requirements, restrictions and 
        prohibitions referred to in Article VII paragraph 2(b), 
        and descriptions of official national plant protection 
        organizations referred to in Article IV paragraph 4.
    5. The Secretary shall provide translations in the official 
languages of FAO of documentation for meetings of the 
Commission and international standards.
    6. The Secretary shall cooperate with regional plant 
protection organizations in achieving the aims of the 
Convention.

                              Article XIII

                         Settlement of disputes

    1. If there is any dispute regarding the interpretation or 
application of this Convention, or if a contracting party 
considers that any action by another contracting party is in 
conflict with the obligations of the latter under Articles V 
and VII of this Convention, especially regarding the basis of 
prohibiting or restricting the imports of plants, plant 
products or other regulated articles coming from its 
territories, the contracting parties concerned shall consult 
among themselves as soon as possible with a view to resolving 
the dispute.
    2. If the dispute cannot be resolved by the means referred 
to in paragraph 1, the contracting party or parties concerned 
may request the Director-General of FAO to appoint a committee 
of experts to consider the question in dispute, in accordance 
with rules and procedures that may be established by the 
Commission.
    3. This Committee shall include representatives designated 
by each contracting party concerned. The Committee shall 
consider the question in dispute, taking into account all 
documents and other forms of evidence submitted by the 
contracting parties concerned. The Committee shall prepare a 
report on the technical aspects of the dispute for the purpose 
of seeking its resolution. The preparation of the report and 
its approval shall be according to rules and procedures 
established by the Commission, and it shall be transmitted by 
the Director-General to the contracting parties concerned. The 
report may also be submitted, upon its request, to the 
competent body of the international organization responsible 
for resolving trade disputes.
    4. The contracting parties agree that the recommendations 
of such a committee, while not binding in character, will 
become the basis for renewed consideration by the contracting 
parties concerned of the matter out of which the disagreement 
arose.
    5. The contracting parties concerned shall share the 
expenses of the experts.
    6. The provisions of this Article shall be complementary to 
and not in derogation of the dispute settlement procedures 
provided for in other international agreements dealing with 
trade matters.

                              Article XIV

                    Substitution of prior agreements

    This Convention shall terminate and replace, between 
contracting parties, the International Convention respecting 
measures to be taken against the Phylloxera vastatrix of 3 
November 1881, the additional Convention signed at Berne on 15 
April 1889 and the International Convention for the Protection 
of Plants signed at Rome on 16 April 1929.

                               Article XV

                        Territorial application

    1. Any contracting party may at the time of ratification or 
adherence or at any time thereafter communicate to the 
Director-General of FAO a declaration that this Convention 
shall extend to all or any of the territories for the 
international relations of which it is responsible, and this 
Convention shall be applicable to all territories specified in 
the declaration as from the thirtieth day after the receipt of 
the declaration by the Director-General.
    2. Any contracting party which has communicated to the 
Director-General of FAO a declaration in accordance with 
paragraph 1 of this Article may at any time communicate a 
further declaration modifying the scope of any former 
declaration or terminating the application of the provisions of 
the present Convention in respect of any territory. Such 
modification or termination shall take effect as from the 
thirtieth day after the receipt of the declaration by the 
Director-General.
    3. The Director-General of FAO shall inform all contracting 
parties of any declaration received under this Article.

                              Article XVI

                        Supplementary agreements

    1. The contracting parties may, for the purpose of meeting 
special problems of plant protection which need particular 
attention or action, enter into supplementary agreements. Such 
agreements may be applicable to specific regions, to specific 
pests, to specific plants and plant products, to specific 
methods of international transportation of plants and plant 
products, or otherwise supplement the provisions of this 
Convention.
    2. Any such supplementary agreements shall come into force 
for each contracting party concerned after acceptance in 
accordance with the provisions of the supplementary agreements 
concerned.
    3. Supplementary agreements shall promote the intent of 
this Convention and shall conform to the principles and 
provisions of this Convention, as well as to the principles of 
transparency, non-discrimination and the avoidance of disguised 
restrictions, particularly on international trade.

                              Article XVII

                       Ratification and adherence

    1. This Convention shall be open for signature by all 
states until 1 May 1952 and shall be ratified at the earliest 
possible date. The instruments of ratification shall be 
deposited with the Director-General of FAO, who shall give 
notice of the date of deposit to each of the signatory states.
    2. As soon as this Convention has come into force in 
accordance with Article XXII it shall be open for adherence by 
non-signatory states and member organizations of FAO. Adherence 
shall be effected by the deposit of an instrument of adherence 
with the Director-General of FAO, who shall notify all 
contracting parties.
    3. When a member organization of FAO becomes a contracting 
party to this Convention, the member organization shall, in 
accordance with the provisions of Article II paragraph 7 of the 
FAO Constitution, as appropriate, notify at the time of its 
adherence such modifications or clarifications to its 
declaration of competence submitted under Article II paragraph 
5 of the FAO Constitution as may be necessary in light of its 
acceptance of this Convention. Any contracting party to this 
Convention may, at any time, request a member organization of 
FAO that is a contracting party to this Convention to provide 
information as to which, as between the member organization and 
its member states, is responsible for the implementation of any 
particular matter covered by this Convention. The member 
organization shall provide this information within a reasonable 
time.

                             Article XVIII

                        Non-contracting parties

    The contracting parties shall encourage any state or member 
organization of FAO, not a party to this Convention, to accept 
this Convention, and shall encourage any non-contracting party 
to apply phytosanitary measures consistent with the provisions 
of this Convention and any international standards adopted 
hereunder.

                              Article XIX

                               Languages

    1. The authentic languages of this Convention shall be all 
official languages of FAO.
    2. Nothing in this Convention shall be construed as 
requiring contracting parties to provide and to publish 
documents or to provide copies of them other than in the 
language(s) of the contracting party, except as stated in 
paragraph 3 below.
    3. The following documents shall be in at least one of the 
official languages of FAO:
          a) information provided according to Article IV 
        paragraph 4;
          b) cover notes giving bibliographical data on 
        documents transmitted according to Article VII 
        paragraph 2(b);
          c) information provided according to Article VII 
        paragraph 2(b), (d), (i) and (j);
          d) notes giving bibliographical data and a short 
        summary of relevant documents on information provided 
        according to Article VIII paragraph 1(a);
          e) requests for information from contact points as 
        well as replies to such requests, but not including any 
        attached documents;
          f) any document made available by contracting parties 
        for meetings of the Commission.

                               Article XX

                          Technical assistance

    The contracting parties agree to promote the provision of 
technical assistance to contracting parties, especially those 
that are developing contracting parties, either bilaterally or 
through the appropriate international organizations, with the 
objective of facilitating the implementation of this 
Convention.

                              Article XXI

                               Amendment

    1. Any proposal by a contracting party for the amendment of 
this Convention shall be communicated to the Director-General 
of FAO.
    2. Any proposed amendment of this Convention received by 
the Director-General of FAO from a contracting party shall be 
presented to a regular or special session of the Commission for 
approval and, if the amendment involves important technical 
changes or imposes additional obligations on the contracting 
parties, it shall be considered by an advisory committee of 
specialists convened by FAO prior to the Commission.
    3. Notice of any proposed amendment of this Convention, 
other than amendments to the Annex, shall be transmitted to the 
contracting parties by the Director-General of FAO not later 
than the time when the agenda of the session of the Commission 
at which the matter is to be considered is dispatched.
    4. Any such proposed amendment of this Convention shall 
require the approval of the Commission and shall come into 
force as from the thirtieth day after acceptance by two-thirds 
of the contracting parties. For the purpose of this Article, an 
instrument deposited by a member organization of FAO shall not 
be counted as additional to those deposited by member states of 
such an organization.
    5. Amendments involving new obligations for contracting 
parties, however, shall come into force in respect of each 
contracting party only on acceptance by it and as from the 
thirtieth day after such acceptance. The instruments of 
acceptance of amendments involving new obligations shall be 
deposited with the Director-General of FAO, who shall inform 
all contracting parties of the receipt of acceptance and the 
entry into force of amendments.
    6. Proposals for amendments to the model phytosanitary 
certificates set out in the Annex to this Convention shall be 
sent to the Secretary and shall be considered for approval by 
the Commission. Approved amendments to the model phytosanitary 
certificates set out in the Annex to this Convention shall 
become effective ninety days after their notification to the 
contracting parties by the Secretary.
    7. For a period of not more than twelve months from an 
amendment to the model phytosanitary certificates set out in 
the Annex to this Convention becoming effective, the previous 
version of the phytosanitary certificates shall also be legally 
valid for the purpose of this Convention.

                              Article XXII

                            Entry into force

    As soon as this Convention has been ratified by three 
signatory states it shall come into force among them. It shall 
come into force for each state or member organization of FAO 
ratifying or adhering thereafter from the date of deposit of 
its instrument of ratification or adherence.

                             Article XXIII

                              Denunciation

    1. Any contracting party may at any time give notice of 
denunciation of this Convention by notification addressed to 
the Director-General of FAO. The Director-General shall at once 
inform all contracting parties.
    2. Denunciation shall take effect one year from the date of 
receipt of the notification by the Director-General of FAO.
   9. Agreement Establishing the South Pacific Regional Environment 
                               Programme

    Done at Apia, Western Samoa, June 16, 1993; Entered into force 
    generally, August 31, 1995; Ratification advised by the Senate, 
September 5, 2002; Entered into force for the United States, August 13, 
                                  2005

Agreement Establishing the South Pacific Regional Environment Programme

    The Parties,

    Recognising the importance of protecting the environment 
and conserving the natural resources of the South Pacific 
region;

    Conscious of their responsibility to preserve their natural 
heritage for the benefit and enjoyment of present and future 
generations and their role as custodians of natural resources 
of global importance;

    Recognising the special hydrological, geological, 
atmospheric and ecological characteristics of the region which 
require special care and responsible management;

    Seeking to ensure that resource development takes proper 
account of the need to protect and preserve the unique 
environmental values of the region and of the principles of 
sustainable development;

    Recognising the need for co-operation within the region and 
with competent international, regional and sub-regional 
organisations in order to ensure coordination and co-operation 
in efforts to protect the environment and use the natural 
resources of the region on a sustainable basis;

    Wishing to establish a comprehensive Programme to assist 
the region in maintaining and improving its environment and to 
act as the central coordinating point for environmental 
protection measures within the region;

    Recalling the decision taken at the Conference on the Human 
Environment in the South Pacific, held at Rarotonga, Cook 
Islands, on 8-11 March 1982, to establish the South Pacific 
Regional Environment Programme as a separate entity within the 
South Pacific Commission;

    Recalling with appreciation the role of UNEP, ESCAP, the 
South Pacific Forum and the South Pacific Conference in 
supporting the establishment and encouraging the development of 
the South Pacific Regional Environment Programme as a regional 
programme and as part of the UNEP Regional Seas Programme;

    Noting with satisfaction that the Convention for the 
Protection of the Natural Resources and Environment of the 
South Pacific Region, done at Noumea on 24 November 1986, and 
its related Protocols, and the Convention on Conservation of 
Nature in the South Pacific, done at Apia on 12 June 1976, 
entered into force in 1990;

    Appreciative of the valuable efforts that have been 
undertaken by the South Pacific Regional Environment Programme 
to promote environmental protection within the region and the 
support given to the Programme by the South Pacific Commission;

    Taking into account the decisions of the Third and Fourth 
Intergovernmental Meetings of the South Pacific Regional 
Environment Programme, held in Noumea in September 1990 and 
July 1991, and the endorsement of the Thirtieth South Pacific 
Conference, held in Noumea in October 1990; and

    Desiring to accord the South Pacific Regional Environment 
Programme the full and formal legal status necessary to operate 
as an autonomous body, to manage fully its own affairs and to 
provide the basis for the continued operation of SPREP in 
accordance with the traditions of cooperation in the region;

    Have agreed as follows:

                               Article 1

                         Establishment of SPREP

    1. The South Pacific Regional Environment Programme 
(hereinafter referred to as SPREP) is hereby established as an 
intergovernmental organisation.
    2. The organs of SPREP are the SPREP Meeting and the 
Secretariat.
    3. The Secretariat shall be located in Apia, Western Samoa, 
unless the SPREP Meeting decides otherwise.

                               Article 2

                                Purposes

    1. The purposes of SPREP are to promote co-operation in the 
South Pacific region and to provide assistance in order to 
protect and improve its environment and to ensure sustainable 
development for present and future generations. SPREP shall 
achieve these purposes through the Action Plan adopted from 
time to time by the SPREP Meeting, setting the strategies and 
objectives of SPREP.
    2. The Action Plan shall include:
          (a) co-ordinating regional activities addressing the 
        environment;
          (b) monitoring and assessing the state of the 
        environment in the region including the impacts of 
        human activities on the ecosystems of the region and 
        encouraging development undertaken to be directed 
        towards maintaining or enhancing environmental 
        qualities;
          (c) promoting and developing programmes, including 
        research programmes, to protect the atmosphere and 
        terrestrial, freshwater, coastal and marine ecosystems 
        and species, while ensuring ecologically sustainable 
        utilisation of resources;
          (d) reducing, through prevention and management, 
        atmospheric, land based, freshwater and marine 
        pollution;
          (e) strengthening national and regional capabilities 
        and institutional arrangements;
          (f) increasing and improving training, educational 
        and public awareness activities; and
          (g) promoting integrated legal, planning and 
        management mechanisms.

                               Article 3

                             SPREP Meetings

    1. The SPREP Meeting shall be open to the Membership of the 
Parties to this Agreement and, with the appropriate 
authorisation of the Party having responsibility for its 
international affairs, of each of the following:
          American Samoa
          French Polynesia
          Guam
          New Caledonia
          Northern Mariana Islands
          Palau
          Tokelau
          Wallis and Futuna.
    2. The SPREP Meeting shall be held at such times as the 
SPREP Meeting may determine. A special SPREP Meeting may be 
held at any time as provided in the Rules of Procedure.
    3. The SPREP Meeting shall be the plenary body and its 
functions shall be:
          (a) to provide a forum for Members to consult on 
        matters of common concern with regard to the protection 
        and improvement of the environment of the South Pacific 
        region and, in particular, to further the purposes of 
        SPREP;
          (b) to approve and review the Action Plan for SPREP 
        and to determine the general policies of SPREP;
          (c) to adopt the report of the Director on the 
        operation of SPREP;
          (d) to adopt the work programmes of SPREP and review 
        progress in their implementation;
          (e) to adopt the Budget estimates of SPREP;
          (f) to make recommendations to Members;
          (g) to appoint the Director;
          (h) to give directions to the Director concerning the 
        implementation of the Work Programme;
          (i) to approve rules and conditions for the 
        appointment of the staff of the Secretariat; and
          (j) to carry out such other functions as are 
        specified in this Agreement or are necessary for the 
        effective functioning of SPREP.
    4. The SPREP Meeting may establish such committees and sub-
committees and other subsidiary bodies as it considers 
necessary.
    5. In addition to the functions referred to in paragraph 
(3) of this Article, the SPREP Meeting shall, through such 
mechanisms as it considers appropriate, consult and co-operate 
with the Meetings of Parties to:
          (a) the Convention on Conservation of Nature in the 
        South Pacific adopted at Apia on 12 June 1976;
          (b) the Convention for the Protection of the Natural 
        Resources and Environment of the South Pacific Region 
        adopted at Noumea on 24 November 1986 and related 
        Protocols; and
          (c) any other international or regional Agreement 
        that may be concluded for the protection of the 
        environment of the South Pacific region,
with a view to ensuring the achievement of the purpose of SPREP 
and of this Agreement and facilitating the achievement of the 
purposes of those Conventions.

                               Article 4

                           Meeting procedure

    1. The SPREP Meeting shall elect from among its Members a 
Chairperson and such other officers as it decides, who shall 
remain in office until the next SPREP Meeting. In principle, 
the role of the Chairperson shall rotate as decided by the 
SPREP Meeting.
    2. The SPREP Meeting shall adopt its own Rules of 
Procedure.
    3. (a) The Parties shall ensure the full involvement of all 
Members in the work of the SPREP Meeting. The work of the SPREP 
Meeting shall be conducted on the basis of consensus of all 
Members, taking into account the practices and procedures of 
the South Pacific region.
    (b) In the event that a decision is required in the SPREP 
Meeting, that decision shall be taken by a consensus of the 
Parties. The consensus of the Parties shall ensure that the 
views of all Members of the SPREP Meeting have been properly 
considered and taken into account in reaching that consensus.
    4. The attendance by observers in SPREP Meetings shall be 
provided for in the Rules of Procedure.
    5. The SPREP Meeting shall be convened by the Director.
    6. The working languages of SPREP shall include English and 
French.

                               Article 5

                                 Budget

    1. The Budget estimates for SPREP shall be prepared by the 
Director.
    2. Adoption of the Budget of SPREP and determination of all 
other questions relating to the Budget shall be by consensus.
    3. The SPREP Meeting shall adopt financial regulations for 
the administration of SPREP. Such regulations may authorise 
SPREP to accept contributions from private and public sources.

                               Article 6

                                Director

    1. The Director of SPREP shall be the head of the 
Secretariat.
    2. The Director shall appoint staff to the Secretariat in 
accordance with such rules and conditions as the SPREP Meeting 
may determine.
    3. The Director shall report annually to the South Pacific 
Conference and the South Pacific Forum on the activities of 
SPREP.
    4. The Director shall be responsible to the SPREP Meeting 
for the administration and management of SPREP and such other 
functions as the SPREP Meeting may decide.

                               Article 7

                      Functions of the Secretariat

    1. The functions of the Secretariat shall be to implement 
the activities of SPREP, which shall include:
          (a) to promote, undertake and co-ordinate the 
        implementation of the SPREP Action Plan through the 
        annual Programmes of Work, and review and report 
        regularly on progress thereon to Members;
          (b) to carry out research and studies as required to 
        implement the SPREP Action Plan through the annual 
        Programmes of Work;
          (c) to advise and assist Members on the 
        implementation of activities carried out under the 
        SPREP Action Plan or consistent with its purpose;
          (d) to provide a means of regular consultation among 
        Members on the implementation of activities under the 
        SPREP Action Plan and on other relevant issues;
          (e) to co-ordinate and establish working arrangements 
        with relevant national, regional and international 
        organisations;
          (f) to gather and disseminate relevant information 
        for Members and other interested Governments and 
        organisations;
          (g) to promote the development and training of 
        personnel of Members and to promote public awareness 
        and education, including the publication of materials;
          (h) to assist Members in the acquisition, 
        interpretation and evaluation of scientific and 
        technical data and information;
          (i) to undertake such other activities and follow 
        such procedures as the SPREP Meeting may decide; and
          (j) to seek financial and technical resources for 
        SPREP.
    2. In addition to the functions described in paragraph (1) 
of this Article, the Secretariat shall be responsible for the 
co-ordination and implementation of any functions that the 
SPREP Meeting may agree to undertake relating to:
          (a) the Convention on Conservation of Nature in the 
        South Pacific;
          (b) the Convention for the Protection of the Natural 
        Resources and Environment of the South Pacific Region, 
        the Protocol for the Prevention of Pollution of the 
        South Pacific Region by Dumping, and the Protocol 
        concerning Co-operation in Combating Pollution 
        Emergencies in the South Pacific Region; and
          (c) any other international or regional Agreement 
        that may be concluded for the protection of the 
        environment of the South Pacific region.

                               Article 8

                Legal status, privileges and immunities

    1. SPREP shall have such legal personality as is necessary 
for it to carry out its functions and responsibilities and, in 
particular, shall have the capacity to contract, to acquire and 
dispose of moveable and immoveable property and to sue and be 
sued.
    2. SPREP, its officers and employees, together with 
representatives to the SPREP Meeting, shall enjoy such 
privileges and immunities necessary for the fulfillment of 
their functions, as may be agreed between SPREP and the Party 
in whose territory the Secretariat is located, and as may be 
provided by other Parties.

                               Article 9

              Sovereign rights and jurisdiction of States

    Nothing in this Agreement shall be interpreted as 
prejudicing the sovereignty of the Parties over their 
territory, territorial sea, internal or archipelagic waters, or 
their sovereign rights:
          (a) in their exclusive economic zones and fishing 
        zones for the purpose of exploring or exploiting, 
        conserving and managing the natural resources, whether 
        living or non-living, of the waters superjacent to the 
        sea-bed and of the sea-bed and its subsoil, and with 
        regard to other activities for the economic 
        exploitation and exploration of the zone; or
          (b) over their continental shelves for the purpose of 
        exploring them and exploiting the natural resources 
        thereof.

                               Article 10

      Signature, ratification, acceptance, approval and accession

    1. This Agreement shall be open for signature from the 
sixteenth day of June 1993 until the sixteenth day of June 
1994, and shall thereafter remain open for accession, by:
          Australia Niue
          Cook Islands Papua New Guinea
          Federated States of Micronesia Solomon Islands
          Republic of Fiji Kingdom of Tonga
          Republic of France Tuvalu
          Republic of Kiribati United Kingdom of Great Britain 
        and Northern Ireland on behalf of Pitcairn Islands
          Republic of the Marshall Islands United States of 
        America
          Republic of Nauru Republic of Vanuatu
          New Zealand Western Samoa
    2. This Agreement is subject to ratification, acceptance, 
or approval by the Signatories.
    3. Reservations to this Agreement shall not be permitted.
    4. This Agreement shall enter into force thirty days from 
the date of deposit of the tenth instrument of ratification, 
acceptance, approval, or accession with the Depositary, and 
thereafter for each State, thirty days after the date of 
deposit of its instrument of ratification, acceptance, 
approval, or accession with the Depositary.
    5. Following the expiry of the period when this Agreement 
is open for signature, and provided that this Agreement has 
entered into force, this Agreement shall be open for accession 
by any State other than those referred to in this Article 
which, desiring to accede to this Agreement, may so notify the 
Depositary, which shall in turn notify the Parties. In the 
absence of a written objection by a Party within six months of 
receipt of such notification, a State may accede by deposit of 
an instrument of accession with the Depositary, and accession 
shall take effect thirty days after the date of deposit.
    6. The Government of Western Samoa is hereby designated as 
the Depositary.
    7. The Depositary shall transmit certified copies of this 
Agreement to all Members and shall register this Agreement in 
accordance with Article 102 of the Charter of the United 
Nations.

                               Article 11

                        Amendment and withdrawal

    1. Any Party may propose amendments to this Agreement for 
consideration by the SPREP Meeting. The text of any amendment 
shall be circulated to Members no less than six months in 
advance of the Meeting at which it is to be considered.
    2. An amendment shall be adopted at a SPREP Meeting by 
consensus of all Parties attending the SPREP Meeting and shall 
enter into force thirty days after the receipt by the 
Depositary of instruments of ratification, acceptance or 
approval of that amendment by all Parties.
    3. Any Party to this Agreement may withdraw from this 
Agreement by giving written notice to the Depositary. 
Withdrawal shall take effect one year after receipt of such 
notice by the Depositary.

    In witness whereof the undersigned, being duly authorised 
by their respective Governments, have signed this Agreement.

    Done at Apia this sixteenth day of June 1993 in a single 
copy in the English and French languages, the two texts being 
equally authentic.
=======================================================================


      O. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION

                                CONTENTS

                                                                   Page

1. Aviation......................................................  2255
      a. Treaty Establishing the International Civil Aviation 
          Organization...........................................  2255
      b. Convention for the Suppression of Unlawful Seizure of 
          Aircraft...............................................  2285
      c. Convention for the Suppression of Unlawful Acts Against 
          the Safety of Civil Aviation...........................  2290
      d. Convention for the Unification of Certain Rules for 
          International Carriage by Air..........................  2296
2. Space and International Scientific Cooperation................  2314
      a. Treaty on Outer Space...................................  2314
      b. Astronaut Assistance and Return Agreement...............  2320
      c. Convention on International Liability for Damage Caused 
          by   Space Objects.....................................  2324
      d. Agreement Concerning Cooperation on the Civil 
          International Space Station............................  2332
      e. U.S.-U.S.S.R. Agreement Concerning Cooperation in the 
          Exploration and Use of Outer Space for Peaceful 
          Purposes...............................................  2354

=======================================================================

      
                              1. Aviation

   a. Convention on International Civil Aviation, with protocols and 
                               amendments

  Done at Chicago, December 7, 1944; Entered into force, April 4, 1947

             Convention on International Civil Aviation \1\

                                Preamble

    Whereas the future development of international civil can 
greatly help to create and preserve friendship and
---------------------------------------------------------------------------
    \1\ TIAS 1591. For a list of states that are parties to the 
Agreement, see Department of State publication, Treaties in Force. See 
also Annex 17 to the Convention, adopted on March 22, 1974 and most 
recently amended July 1, 2002. This Annex sets out the basis for the 
ICAO civil aviation security program and seeks to safeguard civil 
aviation and its facilities against acts of unlawful interference.

    Recognizing the right of all States to develop and apply 
nuclear energy for peaceful purposes and their understanding 
among the nations and peoples of the world, yet its abuse can 
---------------------------------------------------------------------------
become a threat to the general security;

    Whereas it is desirable to avoid friction and to promote 
that cooperation between nations and peoples upon which the 
peace of the world depends;

    Therefore, the undersigned governments having agreed on 
certain principles and arrangements in order that international 
civil aviation may be developed in a safe and orderly manner 
and that international air transport services may be 
established on the basis of equality of opportunity and 
operated soundly transport and economically;

    Have accordingly concluded this Convention to that end.

                         Part I--Air Navigation

                     Chapter I--General Principles

                         article 1--sovereignty

    The contracting States recognize that every State has 
complete and exclusive sovereignty over the airspace above its 
territory.

                          article 2--territory

    For the purposes of this Convention the territory of a 
State shall be deemed to be the land areas and territorial 
waters adjacent thereto under the sovereignty, suzerainty, 
protection or mandate of such State.

                  article 3--civil and state aircraft

    a) This Convention shall be applicable only to civil 
aircraft, and shall not be applicable to state aircraft.
    b) Aircraft used in military, customs and police services 
shall be deemed to be state aircraft.
    c) No state aircraft of a contracting State shall fly over 
the territory of another State or land thereon without 
authorization by special agreement or otherwise, and in 
accordance with the terms thereof.
    d) The contracting States undertake, when issuing 
regulations for their state aircraft, that they will have due 
regard for the safety of navigation of civil aircraft.

                             article 3 bis

    a) The contracting States recognize that every State must 
refrain from resorting to the use of weapons against civil 
aircraft in flight and that, in case of interception, the lives 
of persons on board and the safety of aircraft must not be 
endangered. This provision shall not be interpreted as 
modifying in any way the rights and obligations of States set 
forth in the Charter of the United Nations.
    b) The contracting States recognize that every State, in 
the exercise of its sovereignty, is entitled to require the 
landing at some designated airport of a civil aircraft flying 
above its territory without authority or if there are 
reasonable grounds to conclude that it is being used for any 
purpose inconsistent with the aims of this Convention; it may 
also give such aircraft any other instructions to put an end to 
such violations. For this purpose, the contracting States may 
resort to any appropriate means consistent with relevant rules 
of international law, including the relevant provisions of this 
Convention, specifically paragraph a) of this Article. Each 
contracting State agrees to publish its regulations in force 
regarding the interception of civil aircraft.
    c) Every civil aircraft shall comply with an order given in 
conformity with paragraph b) of this Article. To this end each 
contracting State shall establish all necessary provisions in 
its national laws or regulations to make such compliance 
mandatory for any civil aircraft registered in that State or 
operated by an operator who has his principal place of business 
or permanent residence in that State. Each contracting State 
shall make any violation of such applicable laws or regulations 
punishable by severe penalties and shall submit the case to its 
competent authorities in accordance with its laws or 
regulations.
    d) Each contracting State shall take appropriate measures 
to prohibit the deliberate use of any civil aircraft registered 
in that State or operated by an operator who has his principal 
place of business or permanent residence in that State for any 
purpose inconsistent with the aims of this Convention. This 
provision shall not affect paragraph a) or paragraphs b) and c) 
of this Article.

                  article 4--misuse of civil aviation

    Each contracting State agrees not to use civil aviation for 
any purpose inconsistent with the aims of this Convention.

        Chapter II--Flight Over Territory of Contracting States

                article 5--right of non-scheduled flight

    Each contracting State agrees that all aircraft of the 
other contracting States, being aircraft not engaged in 
scheduled international air services shall have the right, 
subject to the observance of the terms of this Convention, to 
make flights into or in transit non-stop across its territory 
and to make stops for non-traffic purposes without the 
necessity of obtaining prior permission, and subject to the 
right of the State flown over to require landing. Each 
contracting State nevertheless reserves the right, for reasons 
of safety of flight, to require aircraft desiring to proceed 
over regions which are inaccessible or without adequate air 
navigation facilities to follow prescribed routes, or to obtain 
special permission for such flights.
    Such aircraft, if engaged in the carriage of passengers, 
cargo, or mail for remuneration or hire on other than scheduled 
international air services, shall also, subject to the 
provisions of Article 7, have the privilege of taking on or 
discharging passengers, cargo, or mail, subject to the right of 
any State where such embarkation or discharge takes place to 
impose such regulations, conditions or limitations as it may 
consider desirable.

                   article 6--scheduled air services

    No scheduled international air service may be operated over 
or into the territory of a contracting State, except with the 
special permission or other authorization of that State, and in 
accordance with the terms of such permission or authorization.

                          article 7--sabotage

    Each contracting State shall have the right to refuse 
permission to the aircraft of other contracting States to take 
on in its territory passengers, mail and cargo carried for 
remuneration or hire and destined for another point within its 
territory. Each contracting State undertakes not to enter into 
any arrangements which specifically grant any such privilege on 
an exclusive basis to any other State or an airline of any 
other State, and not to obtain any such exclusive privilege 
from any other State.

                     article 8--pilotless aircraft

    No aircraft capable of being flown without a pilot shall be 
flown without a pilot over the territory of a contracting State 
without special authorization by that State and in accordance 
with the terms of such authorization. Each contracting State 
undertakes to insure that the flight of such aircraft without a 
pilot in regions open to civil aircraft shall be so controlled 
as to obviate danger to civil aircraft.

                      article 9--prohibited areas

    a) Each contracting State may, for reasons of military 
necessity or public safety, restrict or prohibit uniformly the 
aircraft of other States from flying over certain areas of its 
territory, provided that no distinction in this respect is made 
between the aircraft of the State whose territory is involved, 
engaged in international scheduled airline services, and the 
aircraft of the other contracting States likewise engaged. Such 
prohibited areas shall be of reasonable extent and location so 
as not to interfere unnecessarily with air navigation. 
Descriptions of such prohibited areas in the territory of a 
contracting State, as well as any subsequent alterations 
therein, shall be communicated as soon as possible to the other 
contracting modification States and to the International Civil 
Aviation Organization.
    b) Each contracting State reserves also the right, in 
exceptional circumstances or during a period of emergency, or 
in the interest of public safety, and with immediate effect, to 
restrict or prohibit flying over the whole or any dire part of 
its territory, on condition that such restriction or 
prohibition shall be applicable without distinction of 
nationality to aircraft of all other States.
    c) Each contracting State, under such regulations as it may 
prescribe, may require any aircraft entering the areas 
contemplated in subparagraphs a) or b) above to effect a 
landing as soon as practicable thereafter at some designated 
airport within its territory.

                 article 10--landing at customs airport

    Except in a case where, under the terms of this Convention 
or a special authorization, aircraft are permitted to cross the 
territory of a contracting State without landing, every 
aircraft which enters the territory of a contracting State 
shall, if the regulations of that State so require, land at an 
airport designated by that State for the purpose of customs and 
other examination. On departure from the territory of a 
contracting State, such aircraft shall depart from a similarly 
designated customs airport. Particulars of all designated 
customs airports shall be published by the State and 
transmitted to the International Civil Aviation Organization 
established under Part II of this Convention for communication 
to all other contracting States.

              article 11--applicability of air regulations

    Subject to the provisions of this Convention, the laws and 
regulations of a contracting State relating to the admission to 
or departure from its territory of aircraft engaged in 
international air navigation, or to the operation and 
navigation of aircraft while within its territory, shall be 
applied to the aircraft of all contracting States without 
distinction as to nationality, and shall be complied with by 
such aircraft upon entering or departing from or while within 
the territory of that State.

                      article 12--rules of the air

    Each contracting State undertakes to adopt measures to 
insure that every aircraft flying over or maneuvering within 
its territory and that every aircraft carrying its nationality 
mark, wherever such aircraft may be, shall comply with the 
rules and regulations relating to the flight and maneuver of 
aircraft there in force. Each contracting State undertakes to 
keep its own regulations in these respects uniform, to the 
greatest possible extent, with those established from time to 
time under this Convention. Over the high seas, the rules in 
force shall be those established under this Convention. Each 
contracting State undertakes to insure the prosecution of all 
persons violating the regulations applicable.

              article 13--entry and clearance regulations

    The laws and regulations of a contracting State as to the 
admission to or departure from its territory of passengers, 
crew or cargo of aircraft, such as regulations relating to 
entry, clearance, immigration, passports, customs, and 
quarantine shall be complied with by or on behalf of such 
passengers, crew or cargo upon entrance into or departure from, 
or while within the territory of that State.

              article 14--prevention of spread of disease

    Each contracting State agrees to take effective measures to 
prevent the spread by means of air navigation of cholera, 
typhus (epidemic), smallpox, yellow fever, plague, and such 
other communicable diseases as the contracting States shall 
from time to time decide to designate, and to that end 
contracting States will keep in close consultation with the 
agencies concerned with international regulations relating to 
sanitary measures applicable to aircraft. Such consultation 
shall be without prejudice to the application of any existing 
international convention on this subject to which the 
contracting States may be parties.

                article 15--airport and similar charges

    Every airport in a contracting State which is open to 
public use by its national aircraft shall likewise, subject to 
the provisions of Article 68, be open under uniform conditions 
to the aircraft of all the other contracting States. The like 
uniform conditions shall apply to the use, by aircraft of every 
contracting State, of all air navigation facilities, including 
radio and meteorological services, which may be provided for 
public use for the safety and expedition of air navigation.
    Any charges that may be imposed or permitted to be imposed 
by a contracting State for the use of such airports and air 
navigation facilities by the aircraft of any other contracting 
State shall not be higher,
          a) As to aircraft not engaged in scheduled 
        international air services, than those that would be 
        paid by national aircraft of the same class engaged in 
        similar operations, and
          b) As to aircraft engaged in scheduled international 
        air services, than those that would be paid by its 
        national aircraft engaged in similar international air 
        services.
All such charges shall be published and communicated to the 
International Civil Aviation Organization, provided that, upon 
representation by an interested contracting State, the charges 
imposed for the use of airports and other facilities shall be 
subject to review by the Council, which shall report and make 
recommendations thereon for the consideration of the State or 
States concerned. No fees, dues or other charges shall be 
imposed by any contracting State in respect solely of the right 
of transit over or entry into or exit from its territory of any 
aircraft of a contracting State or persons or property thereon.

                     article 16--search of aircraft

    The appropriate authorities of each of the contracting 
States shall have the right, without unreasonable delay, to 
search aircraft of the other contracting States on landing or 
departure, to inspect the certificates and other documents 
prescribed by this Convention.

                  Chapter III--Natonality of Aircraft

                  article 17--nationality of aircraft

    Aircraft have the nationality of the State in which they 
are registered.

                     article 18--dual registration

    An aircraft cannot be validly registered in more than one 
State, but its registration may be changed from one State to 
another.

            article 19--national laws governing registration

    The registration or transfer of registration of aircraft in 
any State shall be made in accordance with its laws and 
regulations.

                      article 20--display of marks

    Every aircraft engaged in international air navigation 
shall bear its appropriate nationality and registration marks.

                  article 21--report of registrations

    Each contracting State undertakes to supply to any other 
contracting State or to the International Civil Aviation 
Organization, on demand, information concerning the 
registration and ownership of any particular aircraft 
registered in that State. In addition, each contracting State 
shall furnish reports to the International Civil Aviation 
Organization, under such regulations as the latter may 
prescribe, giving such pertinent data as can be made available 
concerning the ownership and control of aircraft registered in 
that State and habitually engaged in international air 
navigation. The data thus obtained by the International Civil 
Aviation Organization shall be made available by it on request 
to the other contracting States.

           Chapter IV--Measures to Facilitate Air Navigation

                article 22--facilitation of formalities

    Each contracting State agrees to adopt all practicable 
measures, through the issuance of special regulations or 
otherwise, to facilitate and expedite navigation by aircraft 
between the territories of contracting States, and to prevent 
unnecessary delays to aircraft, crews, passengers and cargo, 
especially in the administration of the laws relating to 
immigration, quarantine, customs and clearance.

             article 23--customs and immigration procedures

    Each contracting State undertakes, so far as it may find 
practicable, to establish customs and immigration procedures 
affecting international air navigation in accordance with 
practices which may be established or recommended from time to 
time, pursuant to this Convention. Nothing in this Convention 
shall be construed as preventing the establishment of customs-
free airports.

                        article 24--customs duty

    a) Aircraft on a flight to, from, or across the territory 
of another contracting State shall be admitted temporarily free 
of duty, subject to the customs regulations of the State. Fuel, 
lubricating oils, spare parts, regular equipment and aircraft 
stores on board an aircraft of a contracting State, on arrival 
in the territory of another contracting State and retained on 
board on leaving the territory of that State shall be exempt 
from customs duty, inspection fees or similar national or local 
duties and charges. This exemption shall not apply to any 
quantities or articles unloaded, except in accordance with the 
customs regulations of the State, which may require that they 
shall be kept under customs supervision.
    b) Spare parts and equipment imported into the territory of 
a contracting State for incorporation in or use on an aircraft 
of another contracting State engaged in international air 
navigation shall be admitted free of customs duty, subject to 
compliance with the regulations of the State concerned, which 
may provide that the articles shall be kept under customs 
supervision and control.

                    article 25--aircraft in distress

    Each contracting State undertakes to provide such measures 
of assistance to aircraft in distress in its territory as it 
may find practicable, and to permit, subject to control by its 
own authorities, the owners of the aircraft or authorities of 
the State in which the aircraft is registered to provide such 
measures of assistance as may be necessitated by the 
circumstances. Each contracting State, when undertaking search 
for missing aircraft, will collaborate in coordinated measures 
which may be recommended from time to time pursuant to this 
Convention.

                 article 26--investigation of accidents

    In the event of an accident to an aircraft of a contracting 
State occurring in the territory of another contracting State, 
and involving death or serious injury, or indicating serious 
technical defect in the aircraft or air navigation facilities, 
the State in which the accident occurs will institute an 
inquiry into the circumstances of the accident, in accordance, 
so far as its laws permit, with the procedure which may be 
recommended by the International Civil Aviation Organization. 
The State in which the aircraft is registered shall be given 
the opportunity to appoint observers to be present at the 
inquiry and the State holding the inquiry shall communicate the 
report and findings in the matter to that State.

          article 27--exemption from seizure on patent claims

    a) While engaged in international air navigation, any 
authorized entry of aircraft of a contracting State into the 
territory of another contracting State or authorized transit 
across the territory of such State with or without landings 
shall not entail any seizure or detention of the aircraft or 
any claim against the owner or operator thereof or any other 
interference therewith by or on behalf of such State or any 
person therein, on the ground that the construction, mechanism, 
parts, accessories or operation of the aircraft is an 
infringement of any patent, design, or model duly granted or 
registered in the State whose territory is entered by the 
aircraft, it being agreed that no deposit of security in 
connection with the foregoing exemption from seizure or 
detention of the aircraft shall in any case be required in the 
State entered by such aircraft.
    b) The provisions of paragraph a) of this Article shall 
also be applicable to the storage of spare parts and spare 
equipment for the aircraft and the right to use and install the 
same in the repair of an aircraft of a contracting State in the 
territory of any other contracting State, provided that any 
patented part or equipment so stored shall not be sold or 
distributed internally in or exported commercially from the 
contracting State entered by the aircraft.
    c) The benefits of this Article shall apply only to such 
States, parties to this Convention, as either 1) are parties to 
the International Convention for the Protection of Industrial 
Property and to any amendments thereof; or 2) have enacted 
patent laws which recognize and give adequate protection to 
inventions made by the nationals of the other States parties to 
this Convention.

       article 28--air navigation facilities and standard systems

    Each contracting State undertakes, so far as it may find 
practicable, to:
          a) Provide, in its territory, airports, radio 
        services, meteorological services and other air 
        navigation facilities to facilitate international air 
        navigation, in accordance with the standards and 
        practices recommended or established from time to time, 
        pursuant to this Convention;
          b) Adopt and put into operation the appropriate 
        standard systems of communications procedure, codes, 
        markings, signals, lighting and other operational 
        practices and rules which may be recommended or 
        established from time to time, pursuant to this 
        Convention;
          c) Collaborate in international measures to secure 
        the publication of aeronautical maps and charts in 
        accordance with standards which may be recommended or 
        established from time to time, pursuant to this 
        Convention.

     Chapter V--Conditions to be Fulfilled with Respect to Aircraft

               article 29--documents carried in aircraft

    Every aircraft of a contracting State, engaged in inter-
navigation, shall carry the following documents in conformity 
with the conditions prescribed in this Convention:
          a) Its certificate of registration;
          b) Its certificate of airworthiness;
          c) The appropriate licenses for each member of the 
        crew;
          d) Its journey log book;
          e) If it is equipped with radio apparatus, the 
        aircraft radio station license;
          f) If it carries passengers, a list of their names 
        and places of embarkation and destination;
          g) If it carries cargo, a manifest and detailed of 
        the cargo.

                  article 30--aircraft radio equipment

    a) Aircraft of each contracting State may, in or over the 
territory of other contracting States, carry radio transmitting 
apparatus only if a license to install and operate such 
apparatus has been issued by the appropriate authorities of the 
State in which the aircraft is registered. The use of radio 
transmitting apparatus in the territory of the contracting 
State whose territory is flown over shall be in accordance with 
the regulations prescribed by that State.
    b) Radio transmitting apparatus may be used only by members 
of the flight crew who are provided with a special license for 
the purpose, issued by the appropriate authorities of the State 
in which the aircraft is registered.

               article 31--certificates of airworthiness

    Every aircraft engaged in international navigation shall be 
provided with a certificate of airworthiness issued or rendered 
valid by the State in which it is registered.

                   article 32--licenses of personnel

    a) The pilot of every aircraft and the other members of the 
operating crew of every aircraft engaged in international 
navigation shall be provided with certificates of competency 
and licenses issued or rendered valid by the State in which the 
aircraft is registered.
    b) Each contracting State reserves the right to refuse to 
recognize, for the purpose of flight above its own territory, 
certificates of competency and licenses granted to any of its 
nationals by another contracting State.

          article 33--recognition of certificates and licenses

    Certificates of airworthiness and certificates of 
competency and licenses issued or rendered valid by the 
contracting State in which the aircraft is registered, shall be 
recognized as valid by the other contracting States, provided 
that the requirements under which such certificates or licences 
were issued or rendered valid are equal to or above the minimum 
standards which may be established from time to time pursuant 
to this Convention.

                     article 34--journey log books

    There shall be maintained in respect of every aircraft 
engaged in international navigation a journey log book in which 
shall be entered particulars of the aircraft, its crew and of 
each journey, in such form as may be prescribed from time to 
time pursuant to this Convention.

                     article 35--cargo restrictions

    a) No munitions of war or implements of war may be carried 
in or above the territory of a State in aircraft engaged in 
international navigation, except by permission of such State. 
Each State shall determine by regulations what constitutes 
munitions of war or implements of war for the purposes of this 
Article, giving due consideration, for the purposes of 
uniformity, to such recommendations as the International Civil 
Aviation Organization may from time to time make.
    b) Each contracting State reserves the right, for reasons 
of public order and safety, to regulate or prohibit the 
carriage in or above its territory of articles other than those 
enumerated in paragraph a): provided that no distinction is 
made in this respect between its national aircraft engaged in 
international navigation and the aircraft of the other States 
so engaged; and provided further that no restriction shall be 
imposed which may interfere with the carriage and use on 
aircraft of apparatus necessary for the operation or navigation 
of the aircraft or the safety of the personnel or passengers.

                   article 36--photographic apparatus

    Each contracting State may prohibit or regulate the use of 
photographic apparatus in aircraft over its territory.

     Chapter VI--International Standards and Recommended Practices

     article 37--adoption of international standards and procedures

    Each contracting State undertakes to collaborate in 
securing the highest practicable degree of uniformity in 
regulations, standards, procedures, and organization in 
relation to aircraft, personnel, airways and auxiliary services 
in all matters in which such uniformity will facilitate and 
improve air navigation.
    To this end the International Civil Aviation Organization 
shall adopt and amend from time to time, as may be necessary, 
international standards and recommended practices and 
procedures dealing with:
          a) Communications systems and air navigation aids, 
        including ground marking;
          b) including ground marking;
          c) Rules of the air and air traffic control 
        practices;
          d) Licensing of operating and mechanical personnel;
          e) Airworthiness of aircraft;
          f) Registration and identification of aircraft;
          g) Collection and exchange of meteorological 
        information;
          h) Log books;
          i) Aeronautical maps and charts;
          j) Customs and immigration procedures;
          k) Aircraft in distress and investigation of 
        accidents;
and such other matters concerned with the safety, regularity, 
and efficiency of air navigation as may from time to time 
appear appropriate.

   article 38--departures from international standards and procedures

    Any State which finds it impracticable to comply in all 
respects with any such international standard or procedure, or 
to bring its own regulations or practices into full accord with 
any international standard or procedure after amendment of the 
latter, or which deems it necessary to adopt regulations or 
practices differing in any particular respect from those 
established by an international standard, shall give immediate 
notification to the International Civil Aviation Organization 
of the differences between its own practice and that 
established by the international standard. In the case of 
amendments to international standards, any State which does not 
make the appropriate amendments to its own regulations or 
practices shall give notice to the Council within sixty days of 
the adoption of the amendment to the international standard, or 
indicate the action which it proposes to take. In any such 
case, the Council shall make immediate notification to all 
other states of the difference which exists between one or more 
features of an international standard and the corresponding 
national practice of that State.

          article 39--endorsement of certificates and licenses

    a) Any aircraft or part thereof with respect to which there 
exists an international standard of airworthiness or 
performance, and which failed in any respect to satisfy that 
standard at the time of its certification, shall have endorsed 
on or attached to its airworthiness certificate a complete 
enumeration of the details in respect of which it so failed.
    b) Any person holding a license who does not satisfy in 
full the conditions laid down in the international standard 
relating to the class of license or certificate which he holds 
shall have endorsed on or attached to his license a complete 
enumeration of the particulars in which he does not satisfy 
such conditions.

       article 40--validity of endorsed certificates and licenses

    No aircraft or personnel having certificates or licenses so 
endorsed shall participate in international navigation, except 
with the permission of the State or States whose territory is 
entered. The registration or use of any such aircraft, or of 
any certificated aircraft part, in any State other than that in 
which it was originally certificated shall be at the discretion 
of the State into which the aircraft or part is imported.

    article 41--recognition of existing standards of air worthiness

    The provisions of this Chapter shall not apply to aircraft 
and aircraft equipment of types of which the prototype is 
submitted to the appropriate national authorities for 
certification prior to a date three years after the date of 
adoption of an international standard of airworthiness for such 
equipment.

    article 42--recognition of existing standards of competency of 
                               personnel

    The provisions of this Chapter shall not apply to personnel 
whose licenses are originally issued prior to a date one year 
after initial adoption of an international standard of 
qualification for such personnel; but they shall in any case 
apply to all personnel whose licenses remain valid five years 
after the date of adoption of such standard.

         Part II--The International Civil Aviation Organization

                      Chapter I--The Organization

                    article 43--name and composition

    An organization to be named the International Civil 
Aviation Organization is formed by the Convention. It is made 
up of an Assembly, a Council, and such other bodies as may be 
necessary.

                         article 44--objectives

    The aims and objectives of the Organization are to develop 
the principles and techniques of international air navigation 
principles to foster the planning and development of 
international air transport so as to:
          a) Insure the safe and orderly growth of 
        international civil aviation throughout the world;
          b) Encourage the arts of aircraft design and 
        operation for peaceful purposes;
          c) Encourage the development of airways, airports, 
        and air navigation facilities for international civil 
        aviation;
          d) Meet the needs of the peoples of the world for 
        safe, regular, efficient and economical air transport;
          e) Prevent economic waste caused by unreasonable 
        competition;
          f) Insure that the rights of contracting States are 
        fully respected and that every contracting State has a 
        fair opportunity to operate international airlines;
          g) Avoid discrimination between contracting States;
          h) Promote safety of flight in international air 
        navigation;
          i) Promote generally the development of all aspects 
        of international civil aeronautics.

                       article 45--permanent seat

    The permanent seat of the Organization shall be at such 
place as shall be determined at the final meeting of the 
Interim Assembly of the Provisional International Civil 
Aviation Organization set up by the Interim Agreement on 
International Civil Aviation signed at Chicago on December 7, 
1944. The seat may be temporarily transferred elsewhere by 
decision of the Council, and otherwise than temporarily by 
decision of the Assembly, such decision to be taken by the 
number of votes specified by the Assembly. The number of votes 
so specified will not be less than three-fifths of the total 
number of contracting States.

                 article 46--first meeting of assembly

    The first meeting of the Assembly shall be summoned by the 
Interim Council of the above-mentioned Provisional Organization 
as soon as the Convention has come into force, to meet at a 
time and place to be decided by the Interim Council.

                       article 47--legal capacity

    The Organization shall enjoy in the territory of each 
contracting State such legal capacity as may be necessary for 
the performance of its functions. Full juridical personality 
shall be granted wherever compatible with the constitution and 
laws of the State concerned.

                       Chapter III--The Assembly

              article 48--meetings of assembly and voting

    a) The Assembly shall meet not less than once in three 
years and shall be convened by the Council at a suitable time 
and place. An extraordinary meeting of the Assembly may be held 
at any time upon the call of the Council or at the request of 
not less than one-fifth of the total number of contracting 
States addressed to the Secretary General.
    b) All contracting States shall have an equal right to be 
represented at the meetings of the Assembly and each 
contracting State shall be entitled to one vote. Delegates 
representing contracting States may be assisted by technical 
advisers who may participate in the meetings but shall have no 
vote.
    c) A majority of the contracting States is required to 
constitute a quorum for the meetings of the Assembly. Unless 
otherwise provided in this Convention, decisions of the 
Assembly shall be taken by a majority of the votes cast.

               article 49--powers and duties of assembly

    The powers and duties of the Assembly shall be to:
          a) Elect at each meeting its President and other 
        officers;
          b) Elect the contracting States to be represented on 
        the Council, in accordance with the provisions of 
        Chapter IX;
          c) Examine and take appropriate action on the reports 
        of the Council and decide on any matter referred to it 
        by the Council;
          d) Determine its own rules of procedure and establish 
        such subsidiary commissions as it may consider to be 
        necessary or desirable;
          e) Vote annual budgets and determine the financial 
        arrangements of the Organization, in accordance with 
        the provisions of Chapter XII;
          f) Review expenditures and approve the accounts of 
        the Organization;
          g) Refer, at its discretion, to the Council, to 
        subsidiary commissions, or to any other body any matter 
        within its sphere of action;
          h) Delegate to the Council the powers and authority 
        necessary or desirable for the discharge of the duties 
        of the Organization and revoke or modify the 
        delegations of authority at any time;
          i ) Carry out the appropriate provisions of Chapter 
        XIII;
          j) Consider proposals for the modification or 
        amendment of the provisions of this Convention and, if 
        it approves of the proposals, recommend them to the 
        contracting States in accordance with the provisions of 
        Chapter XXI;
          k) Deal with any matter within the sphere of action 
        of the Organization not specifically assigned to the 
        Council.

                        Chapter IX--The Council

            article 50--composition and election of council

    a) The Council shall be a permanent body responsible to the 
Assembly. It shall be composed of thirty-six contracting States 
elected by the Assembly. An election shall be held at the first 
meeting of the Assembly and thereafter every three years, and 
the members of the Council so elected shall hold office until 
the next following election.
    b) In electing the members of the Council, the Assembly 
shall give adequate representation to 1) the States of chief 
importance in air transport; 2) the States not otherwise 
included which make the largest contribution to the provision 
of facilities for civil air navigation; and 3) the States not 
otherwise included whose designation will insure that all the 
major geographic areas of the world are represented on the 
Council. Any vacancy on the Council shall be filled by the 
Assembly as soon as possible; any contracting State so elected 
to the Council shall hold office for the unexpired portion of 
its predecessor's term of office.
    c) No representative of a contracting State on the Council 
shall be actively associated with the operation of an 
international air service or financially interested in such a 
service.

                    article 51--president of council

    The Council shall elect its President for a term of three 
years. He may be reelected. He shall have no vote. The Council 
shall elect from among its members one or more Vice Presidents 
who shall retain their right to vote when serving as acting 
President. The President need not be selected from among the 
representatives of the members of the Council but, if a 
representative is elected, his seat shall be deemed vacant and 
it shall be filled by the State which he represented. The 
duties of the President shall be to:
          a) Convene meetings of the Council, the Air Transport 
        Committee, and the Air Navigation Commission;
          b) Serve as representative of the Council; and
          c) Carry out on behalf of the Council the functions 
        which the Council assigns to him.

                     article 52--voting in council

    Decisions by the Council shall require approval by a 
majority of its members. The Council may delegate authority 
with respect to any particular matter to a committee of its 
members. Decisions of any committee of the Council may be 
appealed to the Council by any interested contracting State.

                article 53--participation without a vote

    Any contracting State may participate, without a vote, in 
the consideration by the Council and by its committees and of 
any question which especially affects its interests. No member 
of the Council shall vote in the consideration by the Council 
of a dispute to which it is a party.

               article 54--mandatory functions of council

    The Council shall:
          a) Submit annual reports to the Assembly;
          b) Carry out the directions of the Assembly and 
        discharge the duties and obligations which are laid on 
        it by this Convention;
          c) Determine its organization and rules of procedure;
          d) Appoint and define the duties of an Air Transport 
        Committee, which shall be chosen from among the 
        representatives of the members of the Council, and 
        which shall be responsible to it;
          e) Establish an Air Navigation Commission, in 
        accordance with the provisions of Chapter X;
          f) Administer the finances of the Organization in 
        accordance with the provisions of Chapters XI1 and XV;
          g) Determine the emoluments of the President of the 
        Council;
          h) Appoint a chief executive officer who shall be 
        called the Secretary General, and make provision for 
        the appointment of such other personnel as may be 
        necessary, in accordance with the provisions of Chapter 
        XI;
          i) Request, collect, examine and publish information 
        to the advancement of air navigation and the operation 
        of international air services, including information 
        about the costs of operation and particulars of 
        subsidies paid to airlines from public funds;
          j) Report to contracting States any infraction of 
        this Convention, as well as any failure to carry out 
        recommendations or determinations of the Council;
          k) Report to the Assembly any infraction of this 
        Convention where a contracting State has failed to take 
        appropriate action within a reasonable time after 
        notice of the infraction;
          1) Adopt, in accordance with the provisions of 
        Chapter VI of this Convention, international standards 
        and recommended practices; for convenience, designate 
        them as Annexes to this Convention; and notify all 
        contracting States of the action taken;
          m) Consider recommendations of the Air Navigation 
        Commission for amendment of the Annexes and take action 
        in accordance with the provisions of Chapter XX;
          n) Consider any matter relating to the Convention 
        which any contracting State refers to it.

              article 55--permissive functions of council

    The Council may:
          a) Where appropriate and as experience may show to be 
        desirable, create subordinate air transport commissions 
        on a regional or other basis and define groups of 
        states or airlines with or through which it may deal to 
        facilitate the carrying out of the aims of this 
        Convention;
          b) Delegate to the Air Navigation Commission duties 
        additional to those set forth in the Convention and 
        revoke or modify such delegations of authority at any 
        time;
          c) Conduct research into all aspects of air transport 
        and air navigation which are of international 
        importance, communicate the results of its research to 
        the contracting States, and facilitate the exchange of 
        information between contracting States on air transport 
        and air navigation matters;
          d) Study any matters affecting the organization and 
        operation of international air transport, including the 
        international ownership and operation of international 
        air services on trunk routes, and submit to the 
        Assembly plans in relation thereto:
          e) Investigate, at the request of any contracting 
        State, any situation which may appear to present 
        avoidable obstacles to the development of international 
        air navigation; and, after such investigation, issue 
        such reports as may appear to it desirable.

                Chapter X--The Air Navigation Commission

          article 56--nomination and appointment of commission

    The Air Navigation Commission shall be composed of nineteen 
members appointed by the Council from among persons nominated 
by contracting States. These persons shall have suitable 
qualifications and experience in the science and practice of 
aeronautics. The Council shall request all contracting States 
to submit nominations. The President of the Air Navigation 
Commission shall be appointed by the Council.

                    article 57--duties of commission

    The Air Navigation Commission shall:
          a) Consider, and recommend to the Council for 
        adoption, modifications of the Annexes to this 
        Convention;
          b) Establish technical subcommissions on which any 
        contracting State may be represented, if it so desires;
          c) Advise the Council concerning the collection and 
        communication to the contracting States of all 
        information which it considers necessary and useful for 
        the advancement of air navigation.

                  article 58--appointment of personnel

    Subject to any rules laid down by the Assembly and to the 
provisions of this Convention, the Council shall determine the 
method of appointment and of termination of appointment, the 
training, and the salaries, allowances, and conditions of 
service of the Secretary General and other personnel of the 
Organization, and may employ or make use of the services of 
nationals of any contracting State.

            article 59--international character of personnel

    The President of the Council, the Secretary General, and 
other personnel shall not seek or receive instructions in 
regard to the discharge of their responsibilities from any 
authority external to the Organization. Each contracting State 
undertakes fully to respect the international character of the 
responsibilities of the personnel and not to seek to influence 
any of its nationals in the discharge of their 
responsibilities.

           article 60--immunities and privileges of personnel

    Each contracting State undertakes, so far as possible under 
its constitutional procedure, to accord to the President of the 
Council, the Secretary General, and the other personnel of the 
Organization, the immunities and privileges which are accorded 
to corresponding personnel of other public international 
organizations. If a general international agreement on the 
immunities and privileges of international civil servants is 
arrived at, the immunities and privileges accorded to the 
President, the Secretary General, and the other personnel of 
the Organization shall be the immunities and privileges 
accorded under that general international agreement.

            article 61--budget and apportionment of expenses

    The Council shall submit to the Assembly annual budgets, 
annual statements of accounts and estimates of all receipts and 
expenditures. The Assembly shall vote the budgets with whatever 
modification it sees fit to prescribe, and, with the exception 
of assessments under Chapter XV to States consenting thereto, 
shall apportion the expenses of the Organization among the 
contracting States on the basis which it shall from time to 
time determine.

                 article 62--suspension of voting power

    The Assembly may suspend the voting power in the Assembly 
and in the Council of any contracting State that fails to 
discharge within a reasonable period its financial obligations 
to the Organization.

     article 63--expenses of delegations and other representatives

    Each contracting State shall bear the expenses of its own 
delegation to the Assembly and the remuneration, travel, and 
expenses of any person whom it appoints to serve on the 
Council, and of its nominees or representatives on any 
subsidiary committees or commissions of the Organization.

             Chapter XIII--Other International Arrangements

                   article 64--security arrangements

    The Organization may, with respect to air matters within 
its competence directly affecting world security, by vote of 
the Assembly enter into appropriate arrangements with any 
general organization set up by the nations of the world to 
preserve peace.

        article 65--arrangements with other international bodies

    The Council, on behalf of the Organization, may enter into 
agreements with other international bodies for the maintenance 
of common services and for common arrangements concerning 
personnel and, with the approval of the Assembly, may enter 
into such other arrangements as may facilitate the work of the 
Organization.

           article 66--functions relating to other agreements

    a) The Organization shall also carry out the functions 
placed upon it by the International Air Services Transit 
Agreement and by the International Air Transport Agreement 
drawn up at Chicago on December 7, 1944, in accordance with the 
terms and conditions therein set forth.
    b) Members of the Assembly and the Council who have not 
accepted the International Air Services Transit Agreement of 
the International Air Transport Agreement drawn up at Chicago 
on December 7, 1944 shall not have the right to vote on any 
questions referred to the Assembly or Council under the 
provisions of the relevant Agreement.

                 Part III--International Air Transport

                  Chapter XIV--Information and Reports

                 article 67--file reports with council

    Each contracting State undertakes that its international 
airlines shall, in accordance with requirements laid down by 
the Council, file with the Council traffic reports, cost 
statistics and financial statements showing among other things 
all receipts and the sources thereof.

        Chapter XV--Airports and Other Air Navigation Facilities

             article 68--designation of routes and airports

    Each contracting State may, subject to the provisions of 
this Convention, designate the route to be followed within its 
territory by any international air service and the airports 
which any such service may use.

          article 69--improvement of air navigation facilities

    If the Council is of the opinion that the airports or other 
air navigation facilities, including radio and meteorological 
services, of a contracting State are not reasonably adequate 
for the safe, regular, efficient, and economical operation of 
international air services, present or contemplated, the 
Council shall consult with the State directly concerned, and 
other States affected, with a view to finding means by which 
the situation may be remedied, and may make recommendations for 
that situation purpose. No contracting State shall be guilty of 
an infraction of this Convention if it fails to carry out these 
recommendations.

           article 70--financing of air navigation facilities

    A contracting State, in the circumstances arising under the 
provisions of Article 69, may conclude an arrangement with the 
Council for giving effect to such recommendations. The State 
may elect to bear all of the costs involved in any such 
arrangement. If the State does not so elect, the Council may 
agree, at the request of the State, to provide for all or a 
portion of the costs.

     article 71--provision and maintenance of facilities by council

    If a contracting State so requests, the Council may agree 
to provide, man, maintain, and administer any or all of the 
airports and other air navigation facilities including radio 
and meteorological services, required in its territory for the 
safe, regular, efficient and economical operation of the 
international air services of the other contracting States, and 
may specify just and reasonable charges for the use of the 
facilities provided.

                 article 72--acquisition or use of land

    Where land is needed for facilities financed in whole or in 
part by the Council at the request of a contracting State, that 
State shall either provide the land itself, retaining title if 
it wishes, or facilitate the use of the land by the Council on 
just and reasonable terms and in accordance with the laws of 
the State concerned.

            article 73--expenditure and assessment of funds

    Within the limit of the funds which may be made available 
to it by the Assembly under Chapter XII, the Council may make 
current expenditures for the purposes of this Chapter from the 
general funds of the Organization. The Council shall assess the 
capital funds required for the purposes of this Chapter in 
previously agreed proportions over a reasonable period of time 
to the contracting States consenting thereto whose airlines use 
the facilities. The Council may also assess to States that 
consent any working funds that are required.

      article 74--technical assistance and utilization of revenues

    When the Council. at the request of a contracting State, 
advances funds or provides airports or other facilities in 
whole or in part. the arrangement may provide. with the consent 
of that State. for technical assistance in the supervision and 
operation of the airports and other facilities, and for the 
payment. from the revenues derived from the operation of the 
airports and other facilities, of the operating expenses of the 
airports and the other facilities, and of interest and 
amortization charges.

           article 75--taking over of facilities from council

    A contracting State may at any time discharge any 
obligation into which it has entered under Article 70, and take 
over airports and other facilities which the Council has 
provided in its territory pursuant to the provisions of 
Articles 71 and 72, by paying to the Council an amount which in 
the opinion of the Council is reasonable in the circumstances. 
If the State considers that the amount fixed by the Council is 
unreasonable it may appeal to the Assembly against the decision 
of the Council and the Assembly may confirm or amend the 
decision of the Council.

                      article 76--return of funds

    Funds obtained by the Council through reimbursement under 
Article 75 and from receipts of interest and amortization 
payments under Article 74 shall, in the case of advances 
originally financed by States under Article 73, be returned to 
the States which were originally assessed in the proportion of 
their assessments, as determined by the Council.

     Chapter XVI--Joint Operating Organizations and Pooled Services

          article 77--joint operating organizations permitted

    Nothing in this Convention shall prevent two or more 
contracting States from constituting joint air transport 
operating organizations or international operating agencies and 
from pooling their air services on any routes or in any 
regions, but such organizations or agencies and such pooled 
services shall be subject to all the provisions of this 
Convention, including those relating to the registration of 
agreements with the Council. The Council shall determine in 
what manner the provisions of this Convention relating to 
nationality of aircraft shall apply to aircraft operated by 
international operating agencies.

                    article 78--function of council

    The Council may suggest to contracting States concerned 
that they form joint organizations to operate air services on 
any routes or in any regions.

          article 79--participation in operating organizations

    A State may participate in joint operating organizations or 
in pooling arrangements, either through its government or 
through an airline company or companies designated by its 
government. The companies may, at the sole discretion of the 
State concerned, be state-owned or partly state-owned or 
privately owned.

                       Part IV--Final Provisions

      Chapter XVII--Other Aeronautical Agreements and Arrangements

                article 80--paris and habana conventions

    Each contracting State undertakes, immediately upon the 
coming into force of this Convention, to give notice of 
denunciation of the Convention relating to the Regulation of 
Aerial Navigation signed at Paris on October 13, 1919 or the 
Convention on Commercial Aviation signed at Habana on February 
20, 1928, if it is a party to either. As between contracting 
States, this Convention supersedes the Conventions of Paris and 
Habana previously referred to.

            article 81--registration of existing agreements

    All aeronautical agreements which are in existence on the 
coming into force of this Convention, and which are between a 
contracting State and any other State or between an airline of 
a contracting State and any other State or the airline of any 
State, shall be forthwith registered with the Council.

          article 82--abrogation of inconsistent arrangements

    The contracting States accept this Convention as abrogating 
all obligations and understandings between them which are 
inconsistent with its terms, and undertake not to enter into 
any such obligations and understandings. A contracting State 
which, before becoming a member of the Organization has 
undertaken any obligations toward a non-contracting State or a 
national of a contracting State or of a non-contracting State 
inconsistent with the terms of this Convention, shall take 
immediate steps to procure its release from the obligations. If 
an airline of any contracting State has entered into any such 
inconsistent obligations, the State of which it is a national 
shall use its best efforts to secure their termination 
forthwith and shall in any event cause them to be terminated as 
soon as such action can lawfully be taken after the coming into 
force of this Convention.

              article 83--registration of new arrangements

    Subject to the provisions of the preceding Article, any 
contracting State may make arrangements not inconsistent with 
the provisions of this Convention. Any such arrangement shall 
be forthwith registered with the Council, which shall make it 
public as soon as possible.

        article 83 bis--transfer of certain functions and duties

    a) Notwithstanding the provisions of Articles 12, 30, 3 1 
and 32 a), when an aircraft registered in a contracting State 
is operated pursuant to an agreement for the lease, charter or 
interchange of the aircraft or any similar arrangement by an 
operator who has his principal place of business or, if he has 
no such place of business, his permanent residence in another 
contracting State, the State of registry may, by agreement with 
such other State, transfer to it all or part of its functions 
and duties as State of registry in respect of that aircraft 
under Articles 12, 30, 31 and 32 a). The State of registry 
shall be relieved of responsibility in respect of the functions 
and duties transferred.
    b) The transfer shall not have effect in respect of other 
contracting States before either the agreement between States 
in which it is embodied has been registered with the Council 
and made public pursuant to Article 83 or the existence and 
scope of the agreement have been directly communicated to the 
authorities of the other contracting State or States concerned 
by a State party to the agreement.
    c) The provisions of paragraphs a) and b) above shall also 
be applicable to cases covered by Article 77.

                  Chapter XVIII--Disputes and Default

                   article 84--settlement of disputes

    If any disagreement between two or more contracting States 
relating to the interpretation or application of this 
Convention and its Annexes cannot be settled by negotiation, it 
shall, on the application of any State concerned in the 
disagreement, be decided by the Council. No member of the 
Council shall vote in the consideration by the Council of any 
dispute to which it is a party. Any contracting State may, 
subject to Article 85, appeal from the decision of the Council 
to an ad hoc arbitral tribunal agreed upon with the other 
parties to the dispute or to the Permanent Court of 
International Justice. Any such appeal shall be notified to the 
Council within sixty days of receipt of notification of the 
decision of the Council.

                   article 85--arbitration procedure

    If any contracting State party to a dispute in which the 
decision of the Council is under appeal has not accepted the 
Statute of the Permanent Court of International Justice and the 
contracting States parties to the dispute cannot agree on the 
choice of the arbitral tribunal, each of the contracting States 
parties to the dispute shall name a single arbitrator who shall 
name an umpire. If either contracting State party to the 
dispute fails to name an arbitrator within a period of three 
months from the date of the appeal, an arbitrator shall be 
named on behalf of that State by the President of the Council 
from a list of qualified and available persons maintained by 
the Council. If, within thirty days, the arbitrators cannot 
agree on an umpire, the President of the Council shall 
designate an umpire from the list previously referred to. The 
arbitrators and the umpire shall then jointly constitute an 
arbitral tribunal. Any arbitral tribunal established under this 
or the preceding Article shall settle its own procedure and 
give its decisions by majority vote, provided that the Council 
may determine procedural questions in the event of any delay 
which in the opinion of the Council is excessive.

                          article 86--appeals

    Unless the Council decides otherwise any decision by the 
Council on whether an international airline is operating in 
conformity with the provisions of this Convention shall remain 
in effect unless reversed on appeal. On any other matter, 
decisions of the Council shall, if appealed from, be suspended 
until the appeal is decided. The decisions of the Permanent 
Court of International Justice and of an arbitral tribunal 
shall be final and binding.

           article 87--penalty for non-conformity of airline

    Each contracting State undertakes not to allow the 
operation of an airline of a contracting State through the 
airspace above its territory if the Council has decided that 
the airline enterprise concerned is not conforming to a final 
decision rendered in accordance with the previous Article.

                 article 88--penalty for non-conformity

    The Assembly shall suspend the voting power in the Assembly 
and in the Council of any contracting State that is found in 
default under the provisions of this Chapter.

                            Chapter XIX--War

                article 89--war and emergency conditions

    In case of war, the provisions of this Convention shall not 
affect the freedom of action of any of the contracting States 
affected, whether as belligerents or as neutrals. The same 
principle shall apply in the case of any contracting State 
which a state of national emergency and notifies the fact to 
the Council.

                          Chapter XX--Annexes

             article 90--adoption and amendment of annexes

    a) The adoption by the Council of the Annexes described in 
Article 54, subparagraph 1), shall require the vote of two-
thirds of the Council at a meeting called for that purpose and 
shall then be submitted by the Council to each contracting 
State. Any such Annex or any amendment of an Annex shall become 
effective within three months after its submission to the 
contracting States or at the end of such longer period of time 
as the Council may prescribe, unless in the meantime a majority 
of the contracting States register their disapproval with the 
Council.
    b) The Council shall immediately notify all contracting 
States of the coming into force of any Annex or amendment 
thereto.

  Chapter XXI--Ratifications, Adherences, Amendments, and Denuciations

                 article 91--ratification of convention

    a) This Convention shall be subject to ratification by the 
signatory States. The instruments of ratification shall be 
deposited in the archives of the Government of the United 
States of America, which shall give notice of the date of the 
deposit to each of the signatory and adhering States.
    b) As soon as this Convention has been ratified or adhered 
to by twenty-six States it shall come into force between them 
on the thirtieth day after deposit of the twenty-sixth 
instrument. It shall come into force for each State ratifying 
thereafter on the thirtieth day after the deposit of its 
instrument of ratification.
    c) It shall be the duty of the Government of the United 
States of America to notify the government of each of the 
signatory and adhering States of the date on which this 
Convention comes into force.

                  article 92--adherence to convention

    a) This Convention shall be open for adherence by members 
of the United Nations and States associated with them, and 
States which remained neutral during the present world 
conflict.
    b) Adherence shall be effected by a notification addressed 
to the Government of the United States of America and shall 
take effect as from the thirtieth day from the receipt of the 
notification by the Government of the United States of America, 
which shall notify all the contracting States.

                 article 93--admission of other states

    States other than those provided for in Articles 91 and 92 
a) may, subject to approval by any general international 
organization set up by the nations of the world to preserve 
peace, be admitted to participation in this Convention by means 
of a four-fifths vote of the Assembly and on such conditions as 
the Assembly may prescribe: provided that in each case the 
assent of any State invaded or attacked during the present war 
by the State seeking admission shall be necessary.

                             article 93 bis

    a) Notwithstanding the provisions of Articles 91, 92 and 93 
above:
          1) A State whose government the General Assembly of 
        the United Nations has recommended be debarred from 
        membership in international agencies established by or 
        brought into relationship with the United Nations shall 
        automatically cease to be a member of the International 
        Civil Aviation Organization;
          2) A State which has been expelled from membership in 
        the United Nations shall automatically cease to be a 
        member of the International Civil Aviation Organization 
        unless the General Assembly of the United Nations 
        attaches to its act of expulsion a recommendation to 
        the contrary.
    b) A State which ceases to be a member of the International 
Civil Aviation Organization as a result of the provisions of 
paragraph a) above may, after approval by the General Assembly 
of the United Nations, be readmitted to the International Civil 
Aviation Organization upon application and upon approval by a 
majority of the Council.
    c) Members of the Organization which are suspended from the 
exercise of the rights and privileges of membership in the 
United Nations shall, upon the request of the latter, be 
suspended from the rights and privileges of membership in this 
Organization.

                  article 94--amendment of convention

    a) Any proposed amendment to this Convention must be 
approved by a two-thirds vote of the Assembly and shall then 
come into force in respect of States which have ratified such 
amendment when ratified by the number of contracting States 
specified by the Assembly. The number so specified shall not be 
less than two-thirds of the total number of contracting States.
    b) If in its opinion the amendment is of such a nature as 
to justify this course, the Assembly in its resolution 
recommending adoption may provide that any State which has not 
ratified within a specified period after the amendment has come 
into force shall thereupon cease to be a member of the 
Organization and a party to the Convention.

                 article 95--denunciation of convention

    a) Any contracting State may give notice of denunciation of 
this Convention three years after its coming into effect by 
notification addressed to the Government of the United States 
of America, which shall at once inform each of the contracting 
States.
    b) Denunciation shall take effect one year from the date of 
the receipt of the notification and shall operate only as 
regards the State effecting the denunciation.

                       Chapter XXII--Definitions

                               article 96

    For the purpose of this Convention the expression:
          a) ``Air service'' means any scheduled air service 
        performed by aircraft for the public transport of 
        passengers, mail or cargo.
          b) ``International air service'' means an air service 
        which passes through the air space over the territory 
        of more than one State.
          c) ``Airline'' means any air transport enterprise 
        offering or operating an international air service.
          d) ``Stop for non-traffic purposes'' means a landing 
        for any purpose other than taking on or discharging 
        passengers, cargo or mail.

                        Signature of Convention

    In witness whereof, the undersigned plenipotentiaries, 
having been duly authorized, sign this Convention on behalf of 
their respective governments on the dates appearing opposite 
their signatures.

    Done at Chicago the seventh day of December 1944 in the 
English language. The texts of this Convention drawn up in the 
English, French, Russian and Spanish languages are of equal 
authenticity. These texts shall be deposited in the archives of 
the Government of the United States of America, and certified 
copies shall be transmitted by that Government to the 
Governments of all the States which may sign or adhere to this 
Convention. This Convention shall be open for signature at 
Washington, D.C.

 Protocol on the Authentic Trilingual Text of the Convention on Civil 
                         Aviation (Chicago) \2\

    The undersigned governments
---------------------------------------------------------------------------
    \2\ Signed at Buenos Aires on September 24, 1968.

    Considering that the last paragraph of the Convention on 
International Civil Aviation, hereinafter called ``the 
Convention'', provides that a text of the Convention, drawn up 
in the English, French and Spanish languages, each of which 
---------------------------------------------------------------------------
shall be of equal authenticity, shall be open for signature;

    Considering that the Convention was opened for signature, 
at Chicago, on the seventh day of December, 1944, in a text in 
the English language;

    Considering, accordingly, that it is appropriate to make 
the necessary provision for the text to exist in three 
languages as contemplated in the Convention;

    Considering that in making such provision, it should be 
taken into account that there exist amendments to the 
Convention in the English, French and Spanish languages, and 
that the text of the Convention in the French and Spanish 
languages should not incorporate those amendments because, in 
accordance with Article 94 a) of the Convention, each such 
amendment can come into force only in respect of any State 
which has ratified it;

    Have agreed as follows:

                               article i

    The text of the Convention in the French and Spanish 
languages annexed to this Protocol, together with the text of 
the Convention in the English language, constitutes the text 
equally authentic in the three languages as specifically 
referred to in the last paragraph of the Convention.

                               article ii

    If a State party to this Protocol has ratified or in the 
future ratifies any amendment made to the Convention in 
accordance with Article 94 a) thereof, then the text of such 
amendment in the English, French and Spanish languages shall be 
deemed to refer to the text, equally authentic in the three 
languages, which amendment results from this Protocol.

                              article iii

    1) The States members of the International Civil Aviation 
Organization may become parties to this Protocol either by:
          a) signature without reservation as to acceptance, or
          b) signature with reservation as to acceptance 
        followed by acceptance, or
          c) acceptance.
    2) This Protocol shall remain open for signature at Buenos 
Aires until the twenty-seventh day of September 1968 and 
thereafter at Washington, D.C.
    3) Acceptance shall be effected by the deposit of an 
instrument of acceptance with the Government of the United 
States of America.
    4) Adherence to or ratification or approval of this 
Protocol shall be deemed to be acceptance thereof.

                               article iv

    1) This Protocol shall come into force on the thirtieth day 
after twelve States shall, in accordance with the provisions of 
Article 111, have signed it without reservation as to 
acceptance or accepted it.
    2) As regards any State which shall subsequently become a 
party to this Protocol, in accordance with Article 111, the 
Protocol shall come into force on the date of its signature 
without reservation as to acceptance or of its acceptance.

                               article v

    Any future adherence of a State to the Convention shall be 
deemed to be acceptance of this Protocol.

                               article vi

    As soon as this Protocol comes into force, it shall be 
registered with the United Nations and with the International 
Civil Aviation Organization by the Government of the United 
States of America.

                              article vii

    1) This Protocol shall remain in force so long as the 
Convention is in force.
    2) This Protocol shall cease to be in force for a State 
only when that State ceases to be a party to the Convention.

                              article viii

    The Government of the United States of America shall give 
notice to all States members of the International Civil 
Aviation Organization and to the Organization itself:
          a) of any signature of this Protocol and the date 
        thereof, with an indication whether the signature is 
        with or without reservation as to acceptance;
          b) of the deposit of any instrument of acceptance and 
        the date thereof;
          c) of the date on which this Protocol comes into 
        force in accordance with the provisions of Article IV, 
        paragraph 1).

                               article ix

    This Protocol, drawn up in the English, French and Spanish 
languages, each text being equally authentic, shall be 
deposited in the archives of the Government of the United 
States of America, which shall transmit duly certified copies 
thereof to the Government of the States members of the 
International Civil Aviation Organization.

    In witness whereof, the undersigned Plenipotentiaries, duly 
authorized, have signed this Protocol.

   Protocol on the Authentic Quadrilingual Text of the Convention on 
            International Civil Aviation (Chicago, 1944) \3\

    The undersigned governments
---------------------------------------------------------------------------
    \3\ Signed at Montreal on September 30 1977.

    Considering that the 21st Session of the Assembly of the 
International Civil Aviation Organization requested the Council 
of this Organization ``to undertake the necessary measures for 
the preparation of the authentic text of the Convention on 
International Civil Aviation in the Russian language, with the 
---------------------------------------------------------------------------
aim of having it approved not later than the year 1977'';

    Considering that the English text of the Convention on 
International Civil Aviation was opened for signature at 
Chicago on 7 December 1944;

    Considering that, pursuant to the Protocol signed at Buenos 
Aires on 24 September 1968 on the authentic trilingual text of 
the Convention on International Civil Aviation done at Chicago, 
7 December 1944, the text of the Convention on International 
Civil Aviation (hereinafter called the Convention) was adopted 
in the French and Spanish languages and, together with the text 
of the Convention in the English language, constitutes the text 
equally authentic in the three languages as provided for in the 
final clause of the Convention;

    Considering, accordingly, that it is appropriate to make 
the necessary provision for the text of the Convention to exist 
in the Russian language;

    Considering that in making such provision account must be 
taken of the existing amendments to the Convention in the 
English, French and Spanish languages, the texts of which are 
equally authentic and that, according to Article 94 a) of the 
Convention, any amendment can come into force only in respect 
of any State which has ratified it;

    Have agreed as follows:

                               article i

    The text of the Convention and of the amendments thereto in 
the Russian language annexed to this Protocol, together with 
the text of the Convention and of the amendments thereto in the 
English, French and Spanish languages, constitutes the text 
Convention equally authentic in the four languages.

                               article ii

    If a State party to this Protocol has ratified or in the 
future ratifies any amendment made to the Convention in 
accordance with Article 94 a) thereof, then the text of such 
amendment in the Russian, English, French and Spanish languages 
shall be deemed to refer to the text equally authentic in the 
four amendment languages, which results from this Protocol.

                              article iii

    1) The States members of the International Civil Aviation 
Organization may become parties to this Protocol either by:
          a) signature without reservation as to acceptance, or
          b) signature with reservation as to acceptance 
        followed by acceptance,
          c) acceptance.
    2) This Protocol shall remain open for signature at 
Montreal until the 5th of October 1977 and thereafter at 
Washington, D.C.
    3) Acceptance shall be effected by the deposit of an 
instrument of acceptance with the Government of the United 
States of America.
    4) Adherence to or ratification or approval of this 
Protocol shall be deemed to be acceptance thereof.

                               article iv

    1) This Protocol shall come into force on the thirtieth day 
after twelve States shall, in accordance with the provisions of 
Article 111, have signed it without reservation as to 
acceptance or accepted it and after entry into force of the 
amendment to the final clause of the Convention, which provides 
that the text of the Convention in the Russian language is of 
equal authenticity.
    2) As regards any State which shall subsequently become 
party to this Protocol in accordance with Article 111, the 
Protocol shall come into force on the date of its signature 
without reservation as to acceptance or of its acceptance.

                               article v

    Any adherence of a State to the Convention after this 
Protocol has entered into force shall be deemed to be 
acceptance of this Protocol.

                               article vi

    Acceptance by a State of this Protocol shall not be 
regarded as ratification by it of any amendment to the 
Convention.

                              article vii

    As soon as this Protocol comes into force, it shall be 
registered with the United Nations and with the International 
Civil Aviation Organization by the Government of the United 
States of America.

                              article viii

    1) This Protocol shall remain in force so long as the 
Convention is in force.
    2) This Protocol shall cease to be in force for a State 
only when that State ceases to be a party to the Convention.

                               article ix

    The Government of the United States of America shall give 
notice to all States members of the International Civil 
Aviation Organization and to the Organization itself:
          a) of any signature of this Protocol and the date 
        thereof, with an indication whether the signature is 
        with or without reservation as to acceptance;
          b) of the deposit of any instrument of acceptance and 
        the date thereof;
          c) of the date on which this Protocol comes into 
        force in accordance with the provisions of Article IV, 
        paragraph 1.

                               article x

    This Protocol, drawn up in the English, French, Russian and 
Spanish languages, each text being equally authentic, shall be 
deposited in the archives of the Government of the United 
States of America, which shall transmit duly certified copies 
thereof to the Governments of the States members of the 
International Civil Aviation Organization.

    In witness whereof, the undersigned Plenipotentiaries, duly 
authorized, have signed this Protocol.

    Done at Montreal this thirtieth day of September, one 
thousand nine hundred and seventy-seven.
   b. Convention for the Suppression of Unlawful Seizure of Aircraft

   Done at The Hague, December 16, 1970; Ratification advised by the 
Senate, September 8, 1971; Ratification by the President, September 14, 
   1971; Ratification of the United States, deposited at Washington, 
  September 14, 1971; Proclaimed by the President, October 18, 1971; 
                Entered into force, October 14, 1971 \1\

   Convention for the Suppression of Unlawful Seizure of Aircraft \1\

                                Preamble

    The States Parties to This Convention
---------------------------------------------------------------------------
    \1\ 22 UST 1641; TIAS 7192. For a list of states that are parties 
to the Convention, see Department of State publication, Treaties in 
Force.

    Considering that unlawful acts of seizure or exercise of 
control of aircraft in flight jeopardize the safety of persons 
and property, seriously affect the operation of air services, 
and undermine the confidence of the peoples of the world in the 
---------------------------------------------------------------------------
safety of civil aviation;

    Considering that the occurrence of such acts is a matter of 
grave concern;

    Considering that, for the purpose of deterring such acts, 
there is an urgent need to provide appropriate measures for 
punishment of offenders;

    Have agreed as follows:

                               Article 1

    Any person who on board an aircraft in flight:
    (a) unlawfully, by force or threat thereof, or by any other 
form of intimidation, seizes, or exercises control of, that 
aircraft, or attempts to perform any such act, or
    (b) is an accomplice of a person who performs or attempts 
to perform any such act
    commits an offence (hereinafter referred to as ``the 
offence'').

                               Article 2

    Each Contracting State undertakes to make the offence 
punishable by severe penalties.

                               Article 3

    1. For the purposes of this Convention, an aircraft is 
considered to be in flight at any time from the moment when all 
its external doors are closed following embarkation until the 
moment when any such door is opened for disembarkation. In the 
case of a forced landing, the flight shall be deemed to 
continue until the competent authorities take over the 
responsibility for the aircraft and for persons and property on 
board.
    2. This Convention shall not apply to aircraft used in 
military, customs or police services.
    3. This Convention shall apply only if the place of take-
off or the place of actual landing of the aircraft on board 
which the offence is committed is situated outside the 
territory of the State of registration of that aircraft; it 
shall be immaterial whether the aircraft is engaged in an 
international or domestic flight.
    4. In the cases mentioned in Article 5, this Convention 
shall not apply if the place of take-off and the place of 
actual landing of the aircraft on board which the offence is 
committed are situated within the territory of the same State 
where that State is one of those referred to in that Article.
    5. Notwithstanding paragraphs 3 and 4 of this Article, 
Articles 6, 7, 8 and 10 shall apply whatever the place of take-
off or the place of actual landing of the aircraft, if the 
offender or the alleged offender is found in the territory of a 
State other than the State of registration of that aircraft.

                               Article 4

    1. Each Contracting State shall take such measures as may 
be necessary to establish its jurisdiction over the offence and 
any other act of violence against passengers or crew committed 
by the alleged offender in connection with the offence, in the 
following cases:
          (a) when the offence is committed on board an 
        aircraft registered in that State;
          (b) when the aircraft on board which the offence is 
        committed lands in its territory with the alleged 
        offender still on board;
          (c) when the offence is committed on board an 
        aircraft leased without crew to a lessee who has his 
        principal place of business or, if the lessee has no 
        such place of business, his permanent residence, in 
        that State.
    2. Each Contracting State shall likewise take such measures 
as may be necessary to establish its jurisdiction over the 
offence in the case where the alleged offender is present in 
its territory and it does not extradite him pursuant to Article 
8 to any of the States mentioned in paragraph 1 of this 
Article.
    3. This Convention does not exclude any criminal 
jurisdiction exercised in accordance with national law.

                               Article 5

  The Contracting States which establish joint air transport 
operating organizations or international operating agencies, 
which operate aircraft which are subject to joint or 
international registration shall, by appropriate means, 
designate for each aircraft the State among them which shall 
exercise the jurisdiction and have the attributes of the State 
of registration for the purpose of this Convention and shall 
give notice thereof to the International Civil Aviation 
Organization which shall communicate the notice to all States 
Parties to this Convention.

                               Article 6

  1. Upon being satisfied that the circumstances so warrant, 
any Contracting State in the territory of which the offender or 
the alleged offender is present, shall take him into custody or 
take other measures to ensure his presence. The custody and 
other measures shall be as provided in the law of that State 
but may only be continued for such time as is necessary to 
enable any criminal or extradition proceedings to be 
instituted.
  2. Such State shall immediately make a preliminary enquiry 
into the facts.
  3. Any person in custody pursuant to paragraph 1 of this 
Article shall be assisted in communicating immediately with the 
nearest appropriate representative of the State of which he is 
a national.
  4. When a State, pursuant to this Article, has taken a person 
into custody, it shall immediately notify the State of 
registration of the aircraft, the State mentioned in Article 4, 
paragraph 1(c), the State of nationality of the detained person 
and, if it considers it advisable, any other interested States 
of the fact that such person is in custody and of the 
circumstances which warrant his detention. The State which 
makes the preliminary enquiry contemplated in paragraph 2 of 
this Article shall promptly report its findings to the said 
States and shall indicate whether it intends to exercise 
jurisdiction.

                               Article 7

  The Contracting State in the territory of which the alleged 
offender is found shall, if it does not extradite him, be 
obliged, without exception whatsoever and whether or not the 
offence was committed in its territory, to submit the case to 
its competent authorities for the purpose of prosecution. Those 
authorities shall take their decision in the same manner as in 
the case of any ordinary offence of a serious nature under the 
law of that State.

                               Article 8

  1. The offence shall be deemed to be included as an 
extraditable offence in any extradition treaty existing between 
Contracting States. Contracting States undertake to include the 
offence as an extraditable offence in every extradition treaty 
to be concluded between them.
  2. If a Contracting State which makes extradition conditional 
on the existence of a treaty receives a request for extradition 
from another Contracting State with which it has no extradition 
treaty, it may at its option consider this Convention as the 
legal basis for extradition in respect of the offence. 
Extradition shall be subject to the other conditions provided 
by the law of the requested State.
  3. Contracting States which do not make extradition 
conditional on the existence of a treaty shall recognize the 
offence as an extraditable offence between themselves subject 
to the conditions provided by the law of the requested State.
  4. The offence shall be treated, for the purpose of 
extradition between Contracting States, as if it had been 
committed not only in the place in which it occurred but also 
in the territories of the States required to establish their 
jurisdiction in accordance with Article 4, paragraph 1.

                               Article 9

  1. When any of the acts mentioned in Article 1(a) has 
occurred or is about to occur, Contracting States shall take 
appropriate measures to restore control of the aircraft to its 
lawful commander or to preserve his control of the aircraft.
  2. In the cases contemplated by the preceding paragraph, any 
Contracting State in which the aircraft or its passengers or 
crew are present shall facilitate the continuation of the 
journey of the passengers and crew as soon as practicable, and 
shall without delay return the aircraft and its cargo to the 
persons lawfully entitled to possession.

                               Article 10

  1. Contracting States shall afford one another the greatest 
measure of assistance in connection with criminal proceedings 
brought in respect of the offence and other acts mentioned in 
Article 4. The law of the State requested shall apply in all 
cases.
  2. The provisions of paragraph 1 of this Article shall not 
affect obligations under any other treaty, bilateral or 
multilateral, which governs or will govern, in whole or in 
part, mutual assistance in criminal matters.

                               Article 11

  Each Contracting State shall in accordance with its national 
law report to the Council of the International Civil Aviation 
Organization as promptly as possible any relevant information 
in its possession concerning:
          (a) the circumstances of the offence;
          (b) the action taken pursuant to Article 9;
          (c) the measures taken in relation to the offender or 
        the alleged offender, and, in particular, the results 
        of any extradition proceedings or other legal 
        proceedings.

                               Article 12

  1. Any dispute between two or more Contracting States 
concerning the interpretation or application of this Convention 
which cannot be settled through negotiation shall, at the 
request of one of them, be submitted to arbitration. If within 
six months from the date of the request for arbitration the 
Parties are unable to agree on the organization of the 
arbitration, any one of those Parties may refer the dispute to 
the International Court of Justice by request in conformity 
with the Statute of the Court.
  2. Each State may at the time of signature or ratification of 
this Convention or accession thereto, declare that it does not 
consider itself bound by the preceding paragraph. The other 
Contracting States shall not be bound by the preceding 
paragraph with respect to any Contracting State having made 
such a reservation.
  3. Any Contracting State having made a reservation in 
accordance with the preceding paragraph may at any time 
withdraw this reservation by notification to the Depositary 
Governments.

                               Article 13

  1. This Convention shall be open for signature at The Hague 
on 16 December 1970, by States participating in the 
International Conference on Air Law held at The Hague from 1 to 
16 December 1970 (hereinafter referred to as The Hague 
Conference). After 31 December 1970, the Convention shall be 
open to all States for signature in Moscow, London and 
Washington. Any State which does not sign this Convention 
before its entry into force in accordance with paragraph 3 of 
this Article may accede to it at any time.
  2. This Convention shall be subject to ratification by the 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland, and the United States of 
America, which are hereby designated the Depositary 
Governments.
  3. This Convention shall enter into force thirty days 
following the date of the deposit of instruments of 
ratification by ten States signatory to this Convention which 
participated in The Hague Conference.
  4. For other States, this Convention shall enter into force 
on the date of entry into force of this Convention in 
accordance with paragraph 3 of this Article, or thirty days 
following the date of deposit of their instruments of 
ratification or accession, whichever is later.
  5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification or 
accession, the date of entry into force of this Convention, and 
other notices.
  6. As soon as this Convention comes into force, it shall be 
registered by the Depositary Governments pursuant to Article 
102 of the Charter of the United Nations \2\ and pursuant to 
Article 83 of the Convention on International Civil Aviation 
(Chicago, 1944).\3\
---------------------------------------------------------------------------
    \2\ TS 993; 59 Stat. 1052.
    \3\ TIAS 1591; 61 Stat. 1203.
---------------------------------------------------------------------------

                               Article 14

  1. Any Contracting State may denounce this Convention by 
written notification to the Depositary Governments.
  2. Denunciation shall take effect six months following the 
date on which notification is received by the Depositary 
Governments.

  In witness whereof the undersigned Plenipotentiaries, being 
duly authorised thereto by their Governments, have signed this 
Convention.

  Done at The Hague, this sixteenth day of December, one 
thousand nine hundred and seventy, in three originals, each 
being drawn up in four authentic texts in the English, French, 
Russian and Spanish languages.
 c. Convention for the Suppression of Unlawful Acts Against the Safety 
                           of Civil Aviation

 Done at Montreal, September 23, 1971; Entered into force, January 26, 
                                  1973

 Convention for the Suppression of Unlawful Acts Against the Safety of 
                           Civil Aviation \1\

    The States Parties to this Convention

    Considering that unlawful acts against the safety of civil 
aviation jeopardize the safety of persons and property, 
seriously affect the operation of air services, and undermine 
the confidence of the peoples of the world in the safety of 
civil aviation;
---------------------------------------------------------------------------
    \1\ 24 UST 564; TIAS 7570. For a list of states that are parties to 
the Treaty, see Department of State publication, Treaties in Force.

    Considering that the occurrence of such acts is a matter of 
---------------------------------------------------------------------------
grave concern;

    Considering that, for the purpose of deterring such acts, 
there is an urgent need to provide appropriate measures for 
punishment of offenders;

    Have Agreed as Follows:

                               Article 1

    1. Any person commits an offence if he unlawfully and 
intentionally:
          (a) performs an act of violence against a person on 
        board an aircraft in flight if that act is likely to 
        endanger the safety of that aircraft; or
          (b) destroys an aircraft in service or causes damage 
        to such an aircraft which renders it incapable of 
        flight or which is likely to endanger its safety in 
        flight; or
          (c) places or causes to be placed on an aircraft in 
        service, by any means whatsoever, a device or substance 
        which is likely to destroy that aircraft, or to cause 
        damage to it which renders it incapable of flight, or 
        to cause damage to it which is likely to endanger its 
        safety in flight; or
          (d) destroys or damages air navigation facilities or 
        interferes with their operation, if any such act is 
        likely to endanger the safety of aircraft in flight; or
          (e) communicates information which he knows to be 
        false, thereby endangering the safety of an aircraft in 
        flight.
    2. Any person also commits an offence if he:
          (a) attempts to commit any of the offences mentioned 
        in paragraph 1 of this Article; or
          (b) is an accomplice of a person who commits or 
        attempts to commit any such offence.

                               Article 2

    For the purposes of this Convention:
          (a) an aircraft is considered to be in flight at any 
        time from the moment when all its external doors are 
        closed following embarkation until the moment when any 
        such door is opened for disembarkation; in the case of 
        a forced landing, the flight shall be deemed to 
        continue until the competent authorities take over the 
        responsibility for the aircraft and for persons and 
        property on board;
          (b) an aircraft is considered to be in service from 
        the beginning of the preflight preparation of the 
        aircraft by ground personnel or by the crew for a 
        specific flight until twenty-four hours after any 
        landing; the period of service shall, in any event, 
        extend for the entire period during which the aircraft 
        is in flight as defined in paragraph (a) of this 
        Article.

                               Article 3

    Each Contracting State undertakes to make the offences 
mentioned in Article 1 punishable by severe penalties.

                               Article 4

    1. This Convention shall not apply to aircraft used in 
military, customs or police services.
    2. In the cases contemplated in subparagraphs (a), (b), (c) 
and (e) of paragraph 1 of Article 1, this Convention shall 
apply, irrespective of whether the aircraft is engaged in an 
international or domestic flight, only if:
          (a) the place of take-off or landing, actual or 
        intended, of the aircraft is situated outside the 
        territory of the State of registration of that 
        aircraft; or
          (b) the offence is committed in the territory of a 
        State other than the State of registration of the 
        aircraft.
    3. Notwithstanding paragraph 2 of this Article, in the 
cases contemplated in subparagraphs (a), (b), (c) and (e) of 
paragraph 1 of Article 1, this Convention shall also apply if 
the offender or the alleged offender is found in the territory 
of a State other than the State of registration of the 
aircraft.
    4. With respect to the States mentioned in Article 9 and in 
the cases mentioned in subparagraphs (a), (b), (c) and (e) of 
paragraph 1 of Article 1, this Convention shall not apply if 
the places referred to in subparagraph (a) of paragraph 2 of 
this Article are situated within the territory of the same 
State where that State is one of those referred to in Article 
9, unless the offence is committed or the offender or alleged 
offender is found in the territory of a State other than that 
State.
    5. In the cases contemplated in subparagraph (d) of 
paragraph 1 of Article 1, this Convention shall apply only if 
the air navigation facilities are used in international air 
navigation.
    6. The provisions of paragraphs 2, 3, 4 and 5 of this 
Article shall also apply in the cases contemplated in paragraph 
2 of Article 1.

                               Article 5

    1. Each Contracting State shall take such measures as may 
be necessary to establish its jurisdiction over the offences in 
the following cases:
          (a) when the offence is committed in the territory of 
        that State;
          (b) when the offence is committed against or on board 
        an aircraft registered in that State;
          (c) when the aircraft on board which the offence is 
        committed lands in its territory with the alleged 
        offender still on board;
          (d) when the offence is committed against or on board 
        an aircraft leased without crew to a lessee who has his 
        principal place of business or, if the lessee has no 
        such place of business, his permanent residence, in 
        that State.
    2. Each Contracting State shall likewise take such measures 
as may be necessary to establish its jurisdiction over the 
offences mentioned in Article 1, paragraph 1(a), (b) and (c), 
and in Article 1, paragraph 2, in so far as that paragraph 
relates to those offences, in the case where the alleged 
offender is present in its territory and it does not extradite 
him pursuant to Article 8 to any of the States mentioned in 
paragraph 1 of this Article. 3. This Convention does not 
exclude any criminal jurisdiction exercised in accordance with 
national law.

                               Article 6

    1. Upon being satisfied that the circumstances so warrant, 
any Contracting State in the territory of which the offender or 
the alleged offender is present, shall take him into custody or 
take other measures to ensure his presence. The custody and 
other measures shall be as provided in the law of that State 
but may only be continued for such time as is necessary to 
enable any criminal or extradition proceedings to be 
instituted.
    2. Such State shall immediately make a preliminary enquiry 
into the facts.
    3. Any person in custody pursuant to paragraph 1 of this 
Article shall be assisted in communicating immediately with the 
nearest appropriate representative of the State of which he is 
a national.
    4. When a State, pursuant to this Article, has taken a 
person into custody, it shall immediately notify the States 
mentioned in Article 5, paragraph 1, the State of nationality 
of the detained person and, if it considers it advisable, any 
other interested States of the fact that such person is in 
custody and of the circumstances which warrant his detention. 
The State which makes the preliminary enquiry contemplated in 
paragraph 2 of this Article shall promptly report its findings 
to the said States and shall indicate whether it intends to 
exercise jurisdiction.

                               Article 7

    The Contracting State in the territory of which the alleged 
offender is found shall, if it does not extradite him, be 
obliged, without exception whatsoever and whether or not the 
offence was committed in its territory, to submit the case to 
its competent authorities for the purpose of prosecution. Those 
authorities shall take their decision in the same manner as in 
the case of any ordinary offence of a serious nature under the 
law of that State.

                               Article 8

    1. The offences shall be deemed to be included as 
extraditable offences in any extradition treaty existing 
between Contracting States. Contracting States undertake to 
include the offences as extraditable offences in every 
extradition treaty to be concluded between them.
    2. If a Contracting State which makes extradition 
conditional on the existence of a treaty receives a request for 
extradition from another Contracting State with which it has no 
extradition treaty, it may at its option consider this 
Convention as the legal basis for extradition in respect of the 
offences. Extradition shall be subject to the other conditions 
provided by the law of the requested State.
    3. Contracting States which do not make extradition 
conditional on the existence of a treaty shall recognize the 
offences as extraditable offences between themselves subject to 
the conditions provided by the law of the requested State.
    4. Each of the offences shall be treated, for the purpose 
of extradition between Contracting States, as if it had been 
committed not only in the place in which it occurred but also 
in the territories of the States required to establish their 
jurisdiction in accordance with Article 5, paragraph 1(b), (c) 
and (d).

                               Article 9

    The Contracting States which establish joint air transport 
operating organisations or international operating agencies, 
which operate aircraft which are subject to joint or 
international registration shall, by appropriate means, 
designate for each aircraft the State among them which shall 
exercise the jurisdiction and have the attributes of the State 
of registration for the purpose of this Convention and shall 
give notice thereof to the International Civil Aviation 
Organization which shall communicate the notice to all States 
Parties to this Convention.

                               Article 10

    1. Contracting States shall, in accordance with 
international and national law, endeavour to take all 
practicable measures for the purpose of preventing the offences 
mentioned in Article 1.
    2. When, due to the commission of one of the offences 
mentioned in Article 1, a flight has been delayed or 
interrupted, any Contracting State in whose territory the 
aircraft or passengers or crew are present shall facilitate the 
continuation of the journey of the passengers and crew as soon 
as practicable, and shall without delay return the aircraft and 
its cargo to the persons lawfully entitled to possession.

                               Article 11

    1. Contracting States shall afford one another the greatest 
measure of assistance in connection with criminal proceedings 
brought in respect of the offences. The law of the State 
requested shall apply in all cases.
    2. The provisions of paragraph 1 of this Article shall not 
affect obligations under any other treaty, bilateral or 
multilateral, which governs or will govern, in whole or in 
part, mutual assistance in criminal matters.

                               Article 12

    Any Contracting State having reason to believe that one of 
the offences mentioned in Article 1 will be committed shall, in 
accordance with its national law, furnish any relevant 
information in its possession to those States which it believes 
would be the States mentioned in Article 5, paragraph 1.

                               Article 13

    Each Contracting State shall in accordance with its 
national law report to the Council of the International Civil 
Aviation Organization as promptly as possible any relevant 
information in its possession concerning:
          (a) the circumstances of the offence;
          (b) the action taken pursuant to Article 10, 
        paragraph 2;
          (c) the measures taken in relation to the offender or 
        the alleged offender and, in particular, the results of 
        any extradition proceedings or other legal proceedings.

                               Article 14

    1. Any dispute between two or more Contracting States 
concerning the interpretation or application of this Convention 
which cannot be settled through negotiation, shall, at the 
request of one of them, be submitted to arbitration. If within 
six months from the date of the request for arbitration the 
Parties are unable to agree on the organization of the 
arbitration, any one of those Parties may refer the dispute to 
the International Court of Justice by request in conformity 
with the Statute of the Court.
    2. Each State may at the time of signature or ratification 
of this Convention or accession thereto, declare that it does 
not consider itself bound by the preceding paragraph. The other 
Contracting States shall not be bound by the preceding 
paragraph with respect to any Contracting State having made 
such a reservation.
    3. Any Contracting State having made a reservation in 
accordance with the preceding paragraph may at any time 
withdraw this reservation by notification to the Depositary 
Governments.

                               Article 15

    1. This Convention shall be open for signature at Montreal 
on 23 September 1971, by States participating in the 
International Conference on Air Law held at Montreal from 8 to 
23 September 1971 (hereinafter referred to as the Montreal 
Conference). After 10 October 1971, the Convention shall be 
open to all States for signature in Moscow, London and 
Washington. Any State which does not sign this Convention 
before its entry into force in accordance with paragraph 3 of 
this Article may accede to it at any time.
    2. This Convention shall be subject to ratification by the 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
Union of Soviet Socialist Republics, the United Kingdom of 
Great Britain and Northern Ireland, and the United States of 
America, which are hereby designated the Depositary 
Governments.
    3. This Convention shall enter into force thirty days 
following the date of the deposit of instruments of 
ratification by ten States signatory to this Convention which 
participated in the Montreal Conference.
    4. For other States, this Convention shall enter into force 
on the date of entry into force of this Convention in 
accordance with paragraph 3 of this Article, or thirty days 
following the date of deposit of their instruments of 
ratification or accession, whichever is later.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification or 
accession, the date of entry into force of this Convention, and 
other notices.
    6. As soon as this Convention comes into force, it shall be 
registered by the Depositary Governments pursuant to Article 
102 of the Charter of the United Nations and pursuant to 
Article 83 of the Convention on International Civil Aviation 
(Chicago, 1944).

                               Article 16

    1. Any Contracting State may denounce this Convention by 
written notification to the Depositary Governments.
    2. Denunciation shall take effect six months following the 
date on which notification is received by the Depositary 
Governments.

    In witness whereof the undersigned Plenipotentiaries, being 
duly authorized thereto by their Governments, have signed this 
Convention.

    Done at Montreal, this twenty-third day of September, one 
thousand nine hundred and seventy-one, in three originals, each 
being drawn up in four authentic texts in the English, French, 
Russian and Spanish languages.
 d. Convention for the Unification of Certain Rules for International 
                            Carriage by Air

  Done at Montreal, May 28, 1999; Ratification advised by the Senate, 
          July 31, 2003; Entered into force, November 4, 2003

   Convention for the Unification of Certain Rules for International 
                            Carriage by Air

    The States Parties to This Convention

    Recognizing the significant contribution of the Convention 
for the Unification of Certain Rules relating to International 
Carriage by Air signed in Warsaw on 12 October 1929, 
hereinafter referred to as the ``Warsaw Convention'', and other 
related instruments to the harmonization of private 
international air law;

    Recognizing the need to modernize and consolidate the 
Warsaw Convention and related instruments;

    Recognizing the importance of ensuring protection of the 
interests of consumers in international carriage by air and the 
need for equitable compensation based on the principle of 
restitution;

    Reaffirming the desirability of an orderly development of 
international air transport operations and the smooth flow of 
passengers, baggage and cargo in accordance with the principles 
and objectives of the Convention on International Civil 
Aviation, done at Chicago on 7 December 1944;

    Convinced that collective State action for further 
harmonization and codification of certain rules governing 
international carriage by air through a new Convention is the 
most adequate means of achieving an equitable balance of 
interests;

    Have agreed as follows:

                     Chapter I--General Provisions

                    Article 1--Scope of Application

    1. This Convention applies to all international carriage of 
persons, baggage or cargo performed by aircraft for reward. It 
applies equally to gratuitous carriage by aircraft performed by 
an air transport undertaking.
    2. For the purposes of this Convention, the expression 
international carriage means any carriage in which, according 
to the agreement between the parties, the place of departure 
and the place of destination, whether or not there be a break 
in the carriage or a transhipment, are situated either within 
the territories of two States Parties, or within the territory 
of a single State Party if there is an agreed stopping place 
within the territory of another State, even if that State is 
not a State Party. Carriage between two points within the 
territory of a single State Party without an agreed stopping 
place within the territory of another State is not 
international carriage for the purposes of this Convention.
    3. Carriage to be performed by several successive carriers 
is deemed, for the purposes of this Convention, to be one 
undivided carriage if it has been regarded by the parties as a 
single operation, whether it had been agreed upon under the 
form of a single contract or of a series of contracts, and it 
does not lose its international character merely because one 
contract or a series of contracts is to be performed entirely 
within the territory of the same State.
    4. This Convention applies also to carriage as set out in 
Chapter V, subject to the terms contained therein.

  Article 2--Carriage Performed by State and Carriage of Postal Items

    1. This Convention applies to carriage performed by the 
State or by legally constituted public bodies provided it falls 
within the conditions laid down in Article 1.
    2. In the carriage of postal items, the carrier shall be 
liable only to the relevant postal administration in accordance 
with the rules applicable to the relationship between the 
carriers and the postal administrations.
    3. Except as provided in paragraph 2 of this Article, the 
provisions of this Convention shall not apply to the carriage 
of postal items.

  Chapter II--Documentation and Duties of the Parties Relating to the 
               Carriage of Passengers, Baggage and Cargo

                   Article 3--Passengers and Baggage

    1. In respect of carriage of passengers, an individual or 
collective document of carriage shall be delivered containing:
          (a) an indication of the places of departure and 
        destination;
          (b) if the places of departure and destination are 
        within the territory of a single State Party, one or 
        more agreed stopping places being within the territory 
        of another State, an indication of at least one such 
        stopping place.
    2. Any other means which preserves the information 
indicated in paragraph 1 may be substituted for the delivery of 
the document referred to in that paragraph. If any such other 
means is used, the carrier shall offer to deliver to the 
passenger a written statement of the information so preserved.
    3. The carrier shall deliver to the passenger a baggage 
identification tag for each piece of checked baggage.
    4. The passenger shall be given written notice to the 
effect that where this Convention is applicable it governs and 
may limit the liability of carriers in respect of death or 
injury and for destruction or loss of, or damage to, baggage, 
and for delay.
    5. Non-compliance with the provisions of the foregoing 
paragraphs shall not affect the existence or the validity of 
the contract of carriage, which shall, nonetheless, be subject 
to the rules of this Convention including those relating to 
limitation of liability.

                            Article 4--Cargo

    1. In respect of the carriage of cargo, an air waybill 
shall be delivered.
    2. Any other means which preserves a record of the carriage 
to be performed may be substituted for the delivery of an air 
waybill. If such other means are used, the carrier shall, if so 
requested by the consignor, deliver to the consignor a cargo 
receipt permitting identification of the consignment and access 
to the information contained in the record preserved by such 
other means.

          Article 5--Contents of Air Waybill or Cargo Receipt

    The air waybill or the cargo receipt shall include:
          (a) an indication of the places of departure and 
        destination;
          (b) if the places of departure and destination are 
        within the territory of a single State Party, one or 
        more agreed stopping places being within the territory 
        of another State, an indication of at least one such 
        stopping place; and
          (c) an indication of the weight of the consignment.

        Article 6--Document Relating to the Nature of the Cargo

    The consignor may be required, if necessary, to meet the 
formalities of customs, police and similar public authorities 
to deliver a document indicating the nature of the cargo. This 
provision creates for the carrier no duty, obligation or 
liability resulting therefrom.

                 Article 7--Description of Air Waybill

    1. The air waybill shall be made out by the consignor in 
three original parts.
    2. The first part shall be marked ``for the carrier''; it 
shall be signed by the consignor. The second part shall be 
marked ``for the consignee''; it shall be signed by the 
consignor and by the carrier. The third part shall be signed by 
the carrier who shall hand it to the consignor after the cargo 
has been accepted.
    3. The signature of the carrier and that of the consignor 
may be printed or stamped.
    4. If, at the request of the consignor, the carrier makes 
out the air waybill, the carrier shall be deemed, subject to 
proof to the contrary, to have done so on behalf of the 
consignor.

             Article 8--Documentation for Multiple Packages

    When there is more than one package:
          (a) the carrier of cargo has the right to require the 
        consignor to make out separate air waybills;
          (b) the consignor has the right to require the 
        carrier to deliver separate cargo receipts when the 
        other means referred to in paragraph 2 of Article 4 are 
        used.

        Article 9--Non-compliance with Documentary Requirements

    Non-compliance with the provisions of Articles 4 to 8 shall 
not affect the existence or the validity of the contract of 
carriage, which shall, nonetheless, be subject to the rules of 
this Convention including those relating to limitation of 
liability.

      Article 10--Responsibility for Particulars of Documentation

    1. The consignor is responsible for the correctness of the 
particulars and statements relating to the cargo inserted by it 
or on its behalf in the air waybill or furnished by it or on 
its behalf to the carrier for insertion in the cargo receipt or 
for insertion in the record preserved by the other means 
referred to in paragraph 2 of Article 4. The foregoing shall 
also apply where the person acting on behalf of the consignor 
is also the agent of the carrier.
    2. The consignor shall indemnify the carrier against all 
damage suffered by it, or by any other person to whom the 
carrier is liable, by reason of the irregularity, incorrectness 
or incompleteness of the particulars and statements furnished 
by the consignor or on its behalf.
    3. Subject to the provisions of paragraphs 1 and 2 of this 
Article, the carrier shall indemnify the consignor against all 
damage suffered by it, or by any other person to whom the 
consignor is liable, by reason of the irregularity, 
incorrectness or incompleteness of the particulars and 
statements inserted by the carrier or on its behalf in the 
cargo receipt or in the record preserved by the other means 
referred to in paragraph 2 of Article 4.

             Article 11--Evidentiary Value of Documentation

    1. The air waybill or the cargo receipt is prima facie 
evidence of the conclusion of the contract, of the acceptance 
of the cargo and of the conditions of carriage mentioned 
therein.
    2. Any statements in the air waybill or the cargo receipt 
relating to the weight, dimensions and packing of the cargo, as 
well as those relating to the number of packages, are prima 
facie evidence of the facts stated; those relating to the 
quantity, volume and condition of the cargo do not constitute 
evidence against the carrier except so far as they both have 
been, and are stated in the air waybill or the cargo receipt to 
have been, checked by it in the presence of the consignor, or 
relate to the apparent condition of the cargo.

               Article 12--Right of Disposition of Cargo

    1. Subject to its liability to carry out all its 
obligations under the contract of carriage, the consignor has 
the right to dispose of the cargo by withdrawing it at the 
airport of departure or destination, or by stopping it in the 
course of the journey on any landing, or by calling for it to 
be delivered at the place of destination or in the course of 
the journey to a person other than the consignee originally 
designated, or by requiring it to be returned to the airport of 
departure. The consignor must not exercise this right of 
disposition in such a way as to prejudice the carrier or other 
consignors and must reimburse any expenses occasioned by the 
exercise of this right.
    2. If it is impossible to carry out the instructions of the 
consignor, the carrier must so inform the consignor forthwith.
    3. If the carrier carries out the instructions of the 
consignor for the disposition of the cargo without requiring 
the production of the part of the air waybill or the cargo 
receipt delivered to the latter, the carrier will be liable, 
without prejudice to its right of recovery from the consignor, 
for any damage which may be caused thereby to any person who is 
lawfully in possession of that part of the air waybill or the 
cargo receipt.
    4. The right conferred on the consignor ceases at the 
moment when that of the consignee begins in accordance with 
Article 13. Nevertheless, if the consignee declines to accept 
the cargo, or cannot be communicated with, the consignor 
resumes its right of disposition.

                   Article 13--Delivery of the Cargo

    1. Except when the consignor has exercised its right under 
Article 12, the consignee is entitled, on arrival of the cargo 
at the place of destination, to require the carrier to deliver 
the cargo to it, on payment of the charges due and on complying 
with the conditions of carriage.
    2. Unless it is otherwise agreed, it is the duty of the 
carrier to give notice to the consignee as soon as the cargo 
arrives.
    3. If the carrier admits the loss of the cargo, or if the 
cargo has not arrived at the expiration of seven days after the 
date on which it ought to have arrived, the consignee is 
entitled to enforce against the carrier the rights which flow 
from the contract of carriage.

    Article 14--Enforcement of the Rights of Consignor and Consignee

    The consignor and the consignee can respectively enforce 
all the rights given to them by Articles 12 and 13, each in its 
own name, whether it is acting in its own interest or in the 
interest of another, provided that it carries out the 
obligations imposed by the contract of carriage.

Article 15--Relations of Consignor and Consignee or Mutual Relations of 
                             Third Parties

    1. Articles 12, 13 and 14 do not affect either the 
relations of the consignor and the consignee with each other or 
the mutual relations of third parties whose rights are derived 
either from the consignor or from the consignee.
    2. The provisions of Articles 12, 13 and 14 can only be 
varied by express provision in the air waybill or the cargo 
receipt.

 Article 16--Formalities of Customs, Police or Other Public Authorities

    1. The consignor must furnish such information and such 
documents as are necessary to meet the formalities of customs, 
police and any other public authorities before the cargo can be 
delivered to the consignee. The consignor is liable to the 
carrier for any damage occasioned by the absence, insufficiency 
or irregularity of any such information or documents, unless 
the damage is due to the fault of the carrier, its servants or 
agents.
    2. The carrier is under no obligation to enquire into the 
correctness or sufficiency of such information or documents.

 Chapter III--Liability of the Carrier and Extent of Compensation for 
                                 Damage

     Article 17--Death and Injury of Passengers--Damage to Baggage

    1. The carrier is liable for damage sustained in case of 
death or bodily injury of a passenger upon condition only that 
the accident which caused the death or injury took place on 
board the aircraft or in the course of any of the operations of 
embarking or disembarking.
    2. The carrier liable for damage sustained in case of 
destruction or loss of, or of damage to, checked baggage upon 
condition only that the event which caused the destruction, 
loss or damage took place on board the aircraft or during any 
period within which the checked baggage was in the charge of 
the carrier. However, the carrier is not liable if and to the 
extent that the damage resulted from the inherent defect, 
quality or vice of the baggage. In the case of unchecked 
baggage, including personal items, the carrier is liable if the 
damage resulted from its fault or that of its servants or 
agents.
    3. If the carrier admits the loss of the checked baggage, 
or if the checked baggage has not arrived at the expiration of 
twenty-one days after the date on which it ought to have 
arrived, the passenger is entitled to enforce against the 
carrier the rights which flow from the contract of carriage.
    4. Unless otherwise specified, in this Convention the term 
``baggage'' means both checked baggage and unchecked baggage.

                      Article 18--Damage to Cargo

    1. The carrier is liable for damage sustained in the event 
of the destruction or loss of or damage to, cargo upon 
condition only that the event which caused the damage so 
sustained took place during the carriage by air.
    2. However, the carrier is not liable if and to the extent 
it proves that the destruction, or loss of, or damage to, the 
cargo resulted from one or more of the following:
          (a) inherent defect, quality or vice of that cargo;
          (b) defective packing of that cargo performed by a 
        person other than the carrier or its servants or 
        agents;
          (c) an act of war or an armed conflict;
          (d) an act of public authority carried out in 
        connection with the entry, exit or transit of the 
        cargo.
    3. The carriage by air within the meaning of paragraph 1 of 
this Article comprises the period during which the cargo is in 
the charge of the carrier.
    4. The period of the carriage by air does not extend to any 
carriage by land, by sea or by inland waterway performed 
outside an airport. If, however, such carriage takes place in 
the performance of a contract for carriage by air, for the 
purpose of loading, delivery or transhipment, any damage is 
presumed, subject to proof to the contrary, to have been the 
result of an event which took place during the carriage by air. 
If a carrier, without the consent of the consignor, substitutes 
carriage by another mode of transport for the whole or part of 
a carriage intended by the agreement between the parties to be 
carriage by air, such carriage by another mode of transport is 
deemed to be within the period of carriage by air.

                           Article 19--Delay

    The carrier is liable for damage occasioned by delay in the 
carriage by air of passengers, baggage or cargo. Nevertheless, 
the carrier shall not be liable for damage occasioned by delay 
if it proves that it and its servants and agents took all 
measures that could reasonably be required to avoid the damage 
or that it was impossible for it or them to take such measures.

                        Article 20--Exoneration

    If the carrier proves that the damage was caused or 
contributed to by the negligence or other wrongful act or 
omission of the person claiming compensation, or the person 
from whom he or she derives his or her rights, the carrier 
shall be wholly or partly exonerated from its liability to the 
claimant to the extent that such negligence or wrongful act or 
omission caused or contributed to the damage. When by reason of 
death or injury of a passenger compensation is claimed by a 
person other than the passenger, the carrier shall likewise be 
wholly or partly exonerated from its liability to the extent 
that it proves that the damage was caused or contributed to by 
the negligence or other wrongful act or omission of that 
passenger. This Article applies to all the liability provisions 
in this Convention, including paragraph 1 of Article 21.

   Article 21--Compensation in Case of Death or Injury of Passengers

    1. For damages arising under paragraph 1 of Article 17 not 
exceeding 100,000 Special Drawing Rights for each passenger, 
the carrier shall not be able to exclude or limit its 
liability.
    2. The carrier shall not be liable for damages arising 
under paragraph 1 of Article 17 to the extent that they exceed 
for each passenger 100,000 Special Drawing Rights if the 
carrier proves that:
          (a) such damage was not due to the negligence or 
        other wrongful act or omission of the carrier or its 
        servants or agents; or
          (b) such damage was solely due to the negligence or 
        other wrongful act or omission of a third party.

Article 22--Limits of Liability in Relation to Delay, Baggage and Cargo

    1. In the case of damage caused by delay as specified in 
Article 19 in the carriage of persons, the liability of the 
carrier for each passenger is limited to 4,150 Special Drawing 
Rights.
    2. In the carriage of baggage, the liability of the carrier 
in the case of destruction, loss, damage or delay is limited to 
1,000 Special Drawing Rights for each passenger unless the 
passenger has made, at the time when the checked baggage was 
handed over to the carrier, a special declaration of interest 
in delivery at destination and has paid a supplementary sum if 
the case so requires. In that case the carrier will be liable 
to pay a sum not exceeding the declared sum, unless it proves 
that the sum is greater than the passenger's actual interest in 
delivery at destination.
    3. In the carriage of cargo, the liability of the carrier 
in the case of destruction, loss, damage or delay is limited to 
a sum of 17 Special Drawing Rights per kilogram, unless the 
consignor has made, at the time when the package was handed 
over to the carrier, a special declaration of interest in 
delivery at destination and has paid a supplementary sum if the 
case so requires. In that case the carrier will be liable to 
pay a sum not exceeding the declared sum, unless it proves that 
the sum is greater than the consignor's actual interest in 
delivery at destination.
    4. In the case of destruction, loss, damage or delay of 
part of the cargo, or of any object contained therein, the 
weight to be taken into consideration in determining the amount 
to which the carrier's liability is limited shall be only the 
total weight of the package or packages concerned. 
Nevertheless, when the destruction, loss, damage or delay of a 
part of the cargo, or of an object contained therein, affects 
the value of other packages covered by the same air waybill, or 
the same receipt or, if they were not issued, by the same 
record preserved by the other means referred to in paragraph 2 
of Article 4, the total weight of such package or packages 
shall also be taken into consideration in determining the limit 
of liability.
    5. The foregoing provisions of paragraphs 1 and 2 of this 
Article shall not apply if it is proved that the damage 
resulted from an act or omission of the carrier, its servants 
or agents, done with intent to cause damage or recklessly and 
with knowledge that damage would probably result; provided 
that, in the case of such act or omission of a servant or 
agent, it is also proved that such servant or agent was acting 
within the scope of its employment.
    6. The limits prescribed in Article 21 and in this Article 
shall not prevent the court from awarding, in accordance with 
its own law, in addition, the whole or part of the court costs 
and of the other expenses of the litigation incurred by the 
plaintiff, including interest. The foregoing provision shall 
not apply if the amount of the damages awarded, excluding court 
costs and other expenses of the litigation, does not exceed the 
sum which the carrier has offered in writing to the plaintiff 
within a period of six months from the date of the occurrence 
causing the damage, or before the commencement of the action, 
if that is later.

                Article 23--Conversion of Monetary Units

    1. The sums mentioned in terms of Special Drawing Right in 
this Convention shall be deemed to refer to the Special Drawing 
Right as defined by the International Monetary Fund. Conversion 
of the sums into national currencies shall, in case of judicial 
proceedings, be made according to the value of such currencies 
in terms of the Special Drawing Right at the date of the 
judgement. The value of a national currency, in terms of the 
Special Drawing Right, of a State Party which is a Member of 
the International Monetary Fund, shall be calculated in 
accordance with the method of valuation applied by the 
International Monetary Fund, in effect at the date of the 
judgement, for its operations and transactions. The value of a 
national currency, in terms of the Special Drawing Right, of a 
State Party which is not a Member of the International Monetary 
Fund, shall be calculated in a manner determined by that State.
    2. Nevertheless, those States which are not Members of the 
International Monetary Fund and whose law does not permit the 
application of the provisions of paragraph 1 of this Article 
may, at the time of ratification or accession or at any time 
thereafter, declare that the limit of liability of the carrier 
prescribed in Article 21 is fixed at a sum of 1,500,000 
monetary units per passenger in judicial proceedings in their 
territories; 62,500 monetary units per passenger with respect 
to paragraph 1 of Article 22; 15,000 monetary units per 
passenger with respect to paragraph 2 of Article 22; and 250 
monetary units per kilogram with respect to paragraph 3 of 
Article 22. This monetary unit corresponds to sixty-five and a 
half milligrams of gold of millesimal fineness nine hundred. 
These sums may be converted into the national currency 
concerned in round figures. The conversion of these sums into 
national currency shall be made according to the law of the 
State concerned.
    3. The calculation mentioned in the last sentence of 
paragraph I of this Article and the conversion method mentioned 
in paragraph 2 of this Article shall be made in such manner as 
to express in the national currency of the State Party as far 
as possible the same real value for the amounts in Articles 21 
and 22 as would result from the application of the first three 
sentences of paragraph 1 of this Article. States Parties shall 
communicate to the depositary the manner of calculation 
pursuant to paragraph 1 of this Article, or the result of the 
conversion in paragraph 2 of this Article as the case may be, 
when depositing an instrument of ratification, acceptance, 
approval of or accession to this Convention and whenever there 
is a change in either.

                      Article 24--Review of Limits

    1. Without prejudice to the provisions of Article 25 of 
this Convention and subject to paragraph 2 below, the limits of 
liability prescribed in Articles 21, 22 and 23 shall be 
reviewed by the Depositary at five-year intervals, the first 
such review to take place at the end of the fifth year 
following the date of entry into force of this Convention, or 
if the Convention does not enter into force within five years 
of the date it is first open for signature, within the first 
year of its entry into force, by reference to an inflation 
factor which corresponds to the accumulated rate of inflation 
since the previous revision or in the first instance since the 
date of entry into force of the Convention. The measure of the 
rate of inflation to be used in determining the inflation 
factor shall be the weighted average of the annual rates of 
increase or decrease in the Consumer Price Indices of the 
States whose currencies comprise the Special Drawing Right 
mentioned in paragraph 1 of Article 23.
    2. If the review referred to in the preceding paragraph 
concludes that the inflation factor has exceeded 10 percent, 
the Depositary shall notify States Parties of a revision of the 
limits of liability. Any such revision shall become effective 
six months after its notification to the States Parties. If 
within three months after its notification to the States 
Parties a majority of the States Parties register their 
disapproval, the revision shall not become effective and the 
Depositary shall refer the matter to a meeting of the States 
Parties. The Depositary shall immediately notify all States 
Parties of the coming into force of any revision.
    3. Notwithstanding paragraph 1 of this Article, the 
procedure referred to in paragraph 2 of this Article shall be 
applied at any time provided that one-third of the States 
Parties express a desire to that effect and upon condition that 
the inflation factor referred to in paragraph 1 has exceeded 30 
percent since the previous revision or since the date of entry 
into force of this Convention if there has been no previous 
revision. Subsequent reviews using the procedure described in 
paragraph 1 of this Article will take place at five-year 
intervals starting at the end of the fifth year following the 
date of the reviews under the present paragraph.

                   Article 25--Stipulation on Limits

    A carrier may stipulate that the contract of carriage shall 
be subject to higher limits of liability than those provided 
for in this Convention or to no limits of liability whatsoever.

            Article 26--Invalidity of Contractual Provisions

    Any provision tending to relieve the carrier of liability 
or to fix a lower limit than that which is laid down in this 
Convention shall be null and void, but the nullity of any such 
provision does not involve the nullity of the whole contract, 
which shall remain subject to the provisions of this 
Convention.

                    Article 27--Freedom to Contract

    Nothing contained in this Convention shall prevent the 
carrier from refusing to enter into any contract of carriage, 
from waiving any defences available under the Convention, or 
from laying down conditions which do not conflict with the 
provisions of this Convention.

                      Article 28--Advance Payments

    In the case of aircraft accidents resulting in death or 
injury of passengers, the carrier shall, if required by its 
national law, make advance payments without delay to a natural 
person or persons who are entitled to claim compensation in 
order to meet the immediate economic needs of such persons. 
Such advance payments shall not constitute a recognition of 
liability and may be offset against any amounts subsequently 
paid as damages by the carrier.

                      Article 29--Basis of Claims

    In the carriage of passengers, baggage and cargo, any 
action for damages, however founded, whether under this 
Convention or in contract or in tort or otherwise, can only be 
brought subject to the conditions and such limits of liability 
as are set out in this Convention without prejudice to the 
question as to who are the persons who have the right to bring 
suit and what are their respective rights. In any such action, 
punitive, exemplary or any other non-compensatory damages shall 
not be recoverable.

          Article 30--Servants, Agents--Aggregation of Claims

    1. If an action is brought against a servant or agent of 
the carrier arising out of damage to which the Convention 
relates, such servant or agent, if they prove that they acted 
within the scope of their employment, shall be entitled to 
avail themselves of the conditions and limits of liability 
which the carrier itself is entitled to invoke under this 
Convention.
    2. The aggregate of the amounts recoverable from the 
carrier, its servants and agents, in that case, shall not 
exceed the said limits.
    3. Save in respect of the carriage of cargo, the provisions 
of paragraphs 1 and 2 of this Article shall not apply if it is 
proved that the damage resulted from an act or omission of the 
servant or agent done with intent to cause damage or recklessly 
and with knowledge that damage would probably result.

                Article 31--Timely Notice of Complaints

    1. Receipt by the person entitled to delivery of checked 
baggage or cargo without complaint is prima facie evidence that 
the same has been delivered in good condition and in accordance 
with the document of carriage or with the record preserved by 
the other means referred to in paragraph 2 of Article 3 and 
paragraph 2 of Article 4.
    2. In the case of damage, the person entitled to delivery 
must complain to the carrier forthwith after the discovery of 
the damage, and, at the latest, within seven days from the date 
of receipt in the case of checked baggage and fourteen days 
from the date of receipt in the case of cargo. In the case of 
delay, the complaint must be made at the latest within twenty-
one days from the date on which the baggage or cargo have been 
placed at his or her disposal.
    3. Every complaint must be made in writing and given or 
dispatched within the times aforesaid.
    4. If no complaint is made within the times aforesaid, no 
action shall lie against the carrier, save in the case of fraud 
on its part.

                   Article 32--Death of Person Liable

    In the case of the death of the person liable, an action 
for damages lies in accordance with the terms of this 
Convention against those legally representing his or her 
estate.

                        Article 33--Jurisdiction

    1. An action for damages must be brought, at the option of 
the plaintiff, in the territory of one of the States Parties, 
either before the court of the domicile of the carrier or of 
its principal place of business, or where it has a place of 
business through which the contract has been made or before the 
court at the place of destination.
    2. In respect of damage resulting from the death or injury 
of a passenger, an action may be brought before one of the 
courts mentioned in paragraph 1 of this Article, or in the 
territory of a State Party in which at the time of the accident 
the passenger has his or her principal and permanent residence 
and to or from which the carrier operates services for the 
carriage of passengers by air, either on its own aircraft or on 
another carrier's aircraft pursuant to a commercial agreement, 
and in which that carrier conducts its business of carriage of 
passengers by air from premises leased or owned by the carrier 
itself or by another carrier with which it has a commercial 
agreement.
    3. For the purposes of paragraph 2,
          (a) ``commercial agreement'' means an agreement, 
        other than an agency agreement, made between carriers 
        and relating to the provision of their joint services 
        for carriage of passengers by air;
          (b) ``principal and permanent residence'' means the 
        one fixed and permanent abode of the passenger at the 
        time of the accident. The nationality of the passenger 
        shall not be the determining factor in this regard.
    4. Questions of procedure shall be governed by the law of 
the court seized of the case.

                        Article 34--Arbitration

    1. Subject to the provisions of this Article, the parties 
to the contract of carriage for cargo may stipulate that any 
dispute relating to the liability of the carrier under this 
Convention shall be settled by arbitration. Such agreement 
shall be in writing.
    2. The arbitration proceedings shall, at the option of the 
claimant, take place within one of the jurisdictions referred 
to in Article 33.
    3. The arbitrator or arbitration tribunal shall apply the 
provisions of this Convention.
    4. The provisions of paragraphs 2 and 3 of this Article 
shall be deemed to be part of every arbitration clause or 
agreement, and any term of such clause or agreement which is 
inconsistent therewith shall be null and void.

                   Article 35--Limitation of Actions

    1. The right to damages shall be extinguished if an action 
is not brought within a period of two years, reckoned from the 
date of arrival at the destination, or from the date on which 
the aircraft ought to have arrived, or from the date on which 
the carriage stopped.
    2. The method of calculating that period shall be 
determined by the law of the court seized of the case.

                    Article 36--Successive Carriage

    1. In the case of carriage to be performed by various 
successive carriers and falling within the definition set out 
in paragraph 3 of Article 1, each carrier which accepts 
passengers, baggage or cargo is subject to the rules set out in 
this Convention and is deemed to be one of the parties to the 
contract of carriage in so far as the contract deals with that 
part of the carriage which is performed under its supervision.
    2. In the case of carriage of this nature, the passenger or 
any person entitled to compensation in respect of him or her 
can take action only against the carrier which performed the 
carriage during which the accident or the delay occurred, save 
in the case where, by express agreement, the first carrier has 
assumed liability for the whole journey.
    3. As regards baggage or cargo, the passenger or consignor 
will have a right of action against the first carrier, and the 
passenger or consignee who is entitled to delivery will have a 
right of action against the last carrier, and further, each may 
take action against the carrier which performed the carriage 
during which the destruction, loss, damage or delay took place. 
These carriers will be jointly and severally liable to the 
passenger or to the consignor or consignee.

          Article 37--Right of Recourse Against Third Parties

    Nothing in this Convention shall prejudice the question 
whether a person liable for damage in accordance with its 
provisions has a right of recourse against any other person.

                     Chapter IV--Combined Carriage

                    Article 38--A Combined Carriage

    1. In the case of combined carriage performed partly by air 
and partly by any other mode of carriage, the provisions of 
this Convention shall, subject to paragraph 4 of Article 18, 
apply only to the carriage by air, provided that the carriage 
by air falls within the terms of Article 1.
    2. Nothing in this Convention shall prevent the parties in 
the case of combined carriage from inserting in the document of 
air carriage conditions relating to other modes of carriage, 
provided that the provisions of this Convention are observed as 
regards the carriage by air.

    Chapter V--Carriage by Air Performed by a Person Other than the 
                          Contracting Carrier

            Article 39--Contracting Carrier--Actual Carrier

    The provisions of this Chapter apply when a person 
(hereinafter referred to as ``the contracting carrier'') as a 
principal makes a contract of carriage governed by this 
Convention with a passenger or consignor or with a person 
acting on behalf of the passenger or consignor, and another 
person (hereinafter referred to as ``the actual carrier'') 
performs, by virtue of authority from the contracting carrier, 
the whole or part of the carriage, but is not with respect to 
such part a successive carrier within the meaning of this 
Convention. Such authority shall be presumed in the absence of 
proof to the contrary.

  Article 40--Respective Liability of Contracting and Actual Carriers

    If an actual carrier performs the whole or part of carriage 
which, according to the contract referred to in Article 39, is 
governed by this Convention, both the contracting carrier and 
the actual carrier shall, except as otherwise provided in this 
Chapter, be subject to the rules of this Convention, the former 
for the whole of the carriage contemplated in the contract, the 
latter solely for the carriage which it performs.

                      Article 41--Mutual Liability

    1. The acts and omissions of the actual carrier and of its 
servants and agents acting within the scope of their employment 
shall, in relation to the carriage performed by the actual 
carrier, be deemed to be also those of the contracting carrier.
    2. The acts and omissions of the contracting carrier and of 
its servants and agents acting within the scope of their 
employment shall, in relation to the carriage performed by the 
actual carrier, be deemed to be also those of the actual 
carrier. Nevertheless, no such act or omission shall subject 
the actual carrier to liability exceeding the amounts referred 
to in Articles 21, 22, 23 and 24. Any special agreement under 
which the contracting carrier assumes obligations not imposed 
by this Convention or any waiver of rights or defences 
conferred by this Convention or any special declaration of 
interest in delivery at destination contemplated in Article 22 
shall not affect the actual carrier unless agreed to by it.

          Article 42--Addressee of Complaints and Instructions

    Any complaint to be made or instruction to be given under 
this Convention to the carrier shall have the same effect 
whether addressed to the contracting carrier or to the actual 
carrier. Nevertheless, instructions referred to in Article 12 
shall only be effective if addressed to the contracting 
carrier.

                    Article 43--Servants and Agents

    In relation to the carriage performed by the actual 
carrier, any servant or agent of that carrier or of the 
contracting carrier shall, if they prove that they acted within 
the scope of their employment, be entitled to avail themselves 
of the conditions and limits of liability which are applicable 
under this Convention to the carrier whose servant or agent 
they are, unless it is proved that they acted in a manner that 
prevents the limits of liability from being invoked in 
accordance with this Convention.

                   Article 44--Aggregation of Damages

    In relation to the carriage performed by the actual 
carrier, the aggregate of the amounts recoverable from that 
carrier and the contracting carrier, and from their servants 
and agents acting within the scope of their employment, shall 
not exceed the highest amount which could be awarded against 
either the contracting carrier or the actual carrier under this 
Convention, but none of the persons mentioned shall be liable 
for a sum in excess of the limit applicable to that person.

                    Article 45--Addressee of Claims

    In relation to the carriage performed by the actual 
carrier, an action for damages may be brought, at the option of 
the plaintiff, against that carrier or the contracting carrier, 
or against both together or separately. If the action is 
brought against only one of those carriers, that carrier shall 
have the right to require the other carrier to be joined in the 
proceedings, the procedure and effects being governed by the 
law of the court seized of the case.

                  Article 46--Additional Jurisdiction

    Any action for damages contemplated in Article 45 must be 
brought, at the option of the plaintiff, in the territory of 
one of the States Parties, either before a court in which an 
action may be brought against the contracting carrier, as 
provided in Article 33, or before the court having jurisdiction 
at the place where the actual carrier has its domicile or its 
principal place of business.

            Article 47--Invalidity of Contractual Provisions

    Any contractual provision tending to relieve the 
contracting carrier or the actual carrier of liability under 
this Chapter or to fix a lower limit than that which is 
applicable according to this Chapter shall be null and void, 
but the nullity of any such provision does not involve the 
nullity of the whole contract, which shall remain subject to 
the provisions of this Chapter.

    Article 48--Mutual Relations of Contracting and Actual Carriers

    Except as provided in Article 45, nothing in this Chapter 
shall affect the rights and obligations of the carriers between 
themselves, including any right of recourse or indemnification.

                      Chapter VI--Other Provisions

                   Article 49--Mandatory Application

    Any clause contained in the contract of carriage and all 
special agreements entered into before the damage occurred by 
which the parties purport to infringe the rules laid down by 
this Convention, whether by deciding the law to be applied, or 
by altering the rules as to jurisdiction, shall be null and 
void.

                         Article 50--Insurance

    States Parties shall require their carriers to maintain 
adequate insurance covering their liability under this 
Convention. A carrier may be required by the State Party into 
which it operates to furnish evidence that it maintains 
adequate insurance covering its liability under this 
Convention.

     Article 51--Carriage Performed in Extraordinary Circumstances

    The provisions of Articles 3 to 5, 7 and 8 relating to the 
documentation of carriage shall not apply in the case of 
carriage performed in extraordinary circumstances outside the 
normal scope of a carrier's business.

                     Article 52--Definition of Days

    The expression ``days'' when used in this Convention means 
calendar days, not working days.

                       Chapter VII--Final Clauses

        Article 53--Signature, Ratification and Entry into Force

    1. This Convention shall be open for signature in Montreal 
on 28 May 1999 by States participating in the International 
Conference on Air Law held at Montreal from 10 to 28 May 1999. 
After 28 May 1999, the Convention shall be open to all States 
for signature at the headquarters of the International Civil 
Aviation Organization in Montreal until it enters into force in 
accordance with paragraph 6 of this Article.
    2. This Convention shall similarly be open for signature by 
Regional Economic Integration Organisations. For the purpose of 
this Convention, a ``Regional Economic Integration 
Organisation'' means any organisation which is constituted by 
sovereign States of a given region which has competence in 
respect of certain matters governed by this Convention and has 
been duly authorized to sign and to ratify, accept, approve or 
accede to this Convention. A reference to a ``State Party'' or 
``States Parties'' in this Convention, otherwise than in 
paragraph 2 of Article 1, paragraph 1(b) of Article 3, 
paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph 
(b) of Article 57, applies equally to a Regional Economic 
Integration Organisation. For the purpose of Article 24, the 
references to ``a majority of the States Parties'' and ``one-
third of the States Parties'' shall not apply to a Regional 
Economic Integration Organisation.
    3. This Convention shall be subject to ratification by 
States and by Regional Economic Integration Organisations which 
have signed it.
    4. Any State or Regional Economic Integration Organisation 
which does not sign this Convention may accept, approve or 
accede to it at any time.
    5. Instruments of ratification, acceptance, approval or 
accession shall be deposited with the International Civil 
Aviation Organization, which is hereby designated the 
Depositary.
    6. This Convention shall enter into force on the sixtieth 
day following the date of deposit of the thirtieth instrument 
of ratification, acceptance, approval or accession with the 
Depositary between the States which have deposited such 
instrument. An instrument deposited by a Regional Economic 
Integration Organisation shall not be counted for the purpose 
of this paragraph.
    7. For other States and for other Regional Economic 
Integration Organisations, this Convention shall take effect 
sixty days following the date of deposit of the instrument of 
ratification, acceptance, approval or accession.
    8. The Depositary shall promptly notify all signatories and 
States Parties of:
          (a) each signature of this Convention and date 
        thereof;
          (b) each deposit of an instrument of ratification, 
        acceptance, approval or accession and date thereof;
          (c) the date of entry into force of this Convention;
          (d) the date of the coming into force of any revision 
        of the limits of liability established under this 
        Convention;
          (e) any denunciation under Article 54.

                        Article 54--Denunciation

    1. Any State Party may denounce this Convention by written 
notification to the Depositary.
    2. Denunciation shall take effect one hundred and eighty 
days following the date on which notification is received by 
the Depositary.

   Article 55--Relationship with other Warsaw Convention Instruments

    This Convention shall prevail over any rules which apply to 
international carriage by air:
          1. between States Parties to this Convention by 
        virtue of those States commonly being Party to
                  (a) the Convention for the Unification of 
                Certain Rules relating to International 
                Carriage by Air signed at Warsaw on 12 October 
                1929 (hereinafter called the Warsaw 
                Convention);
                  (b) the Protocol to amend the Convention for 
                the Unification of Certain Rules relating to 
                International Carriage by Air signed at Warsaw 
                on 12 October 1929, done at The Hague on 28 
                September 1955 (hereinafter called The Hague 
                Protocol);
                  (c) the Convention, Supplementary to the 
                Warsaw Convention, for the Unification of 
                Certain Rules relating to International 
                Carriage by Air Performed by a Person other 
                than the Contracting Carrier, signed at 
                Guadalajara on 18 September 1961 (hereinafter 
                called the Guadalajara Convention);
                  (d) the Protocol to amend the Convention for 
                the Unification of Certain Rules relating to 
                International Carriage by Air signed at Warsaw 
                on 12 October 1929 as amended by the Protocol 
                done at The Hague on 28 September 1955, signed 
                at Guatemala City on 8 March 1971 (hereinafter 
                called the Guatemala City Protocol);
                  (e) Additional Protocol Nos. 1 to 3 and 
                Montreal Protocol No. 4 to amend the Warsaw 
                Convention as amended by The Hague Protocol or 
                the Warsaw Convention as amended by both The 
                Hague Protocol and the Guatemala City Protocol, 
                signed at Montreal on 25 September 1975 
                (hereinafter called the Montreal Protocols); or
          2. within the territory of any single State Party to 
        this Convention by virtue of that State being Party to 
        one or more of the instruments referred to in sub-
        paragraphs (a) to (e) above.

          Article 56--States with more than one System of Law

    1. If a State has two or more territorial units in which 
different systems of law are applicable in relation to matters 
dealt with in this Convention, it may at the time of signature, 
ratification, acceptance, approval or accession declare that 
this Convention shall extend to all its territorial units or 
only to one or more of them and may modify this declaration by 
submitting another declaration at any time.
    2. Any such declaration shall be notified to the Depositary 
and shall state expressly the territorial units to which the 
Convention applies.
    3. In relation to a State Party which has made such a 
declaration:
          (a) references in Article 23 to ``national currency'' 
        shall be construed as referring to the currency of the 
        relevant territorial unit of that State; and
          (b) the reference in Article 28 to ``national law'' 
        shall be construed as referring to the law of the 
        relevant territorial unit of that State.

                        Article 57--Reservations

    No reservation may be made to this Convention except that a 
State Party may at any time declare by a notification addressed 
to the Depositary that this Convention shall not apply to:
          (a) international carriage by air performed and 
        operated directly by that State Party for non-
        commercial purposes in respect to its functions and 
        duties as a sovereign State; and/or
          (b) the carriage of persons, cargo and baggage for 
        its military authorities on aircraft registered in or 
        leased by that State Party, the whole capacity of which 
        has been reserved by or on behalf of such authorities.

    In witness whereof the undersigned Plenipotentiaries, 
having been duly authorized, have signed this Convention.

    Done at Montreal on the 28th day of May of the year one 
thousand nine hundred and ninety-nine in the English, Arabic, 
Chinese, French, Russian and Spanish languages, all texts being 
equally authentic. This Convention shall remain deposited in 
the archives of the International Civil Aviation Organization, 
and certified copies thereof shall be transmitted by the 
Depositary to all States Parties to this Convention, as well as 
to all States Parties to the Warsaw Convention, The Hague 
Protocol, the Guadalajara Convention, the Guatemala City 
Protocol and the Montreal Protocols.
           2. Space and International Scientific Cooperation

                      a. Treaty on Outer Space \1\

 Done at Washington, London and Moscow, January 27, 1967; Ratification 
 advised by the Senate, April 25, 1967; Ratification by the President, 
 May 24, 1967; Ratifications of the Governments of the United States, 
    the United Kingdom and the Union of Soviet Socialist Republics 
 deposited with the said Governments at Washington, London and Moscow, 
   October 10, 1967; Proclaimed by the President, October 10, 1967; 
                  Entered into force, October 10, 1967

    Treaty on Principles Governing the Activities of States in the 
   Exploration and Use of Outer Space, including the Moon and Other 
                            Celestial Bodies

    The States Parties to this Treaty,
---------------------------------------------------------------------------
    \1\ 18 UST 2410: TIAS 6347. For a list of states that are parties 
to the Treaty, see Department of State publication, Treaties in Force.

    Inspired by the great prospects opening up before mankind 
---------------------------------------------------------------------------
as a result of man's entry into outer space,

    Recognizing the common interest of all mankind in the 
progress of the exploration and use of outer space for peaceful 
purposes,

    Believing that the exploration and use of outer space 
should be carried on for the benefit of all peoples 
irrespective of the degree of their economic or scientific 
development,

    Desiring to contribute to broad international cooperation 
in the scientific as well as the legal aspects of the 
exploration and use of outer space for peaceful purposes,

    Believing that such cooperation will contribute to the 
development of mutual understanding and to the strengthening of 
friendly relations between States and peoples,

    Recalling resolution 1962 (XVIII), entitled ``Declaration 
of Legal Principles Governing the Activities of States in the 
Exploration and Use of Outer Space'', which was adopted 
unanimously by the United Nations General Assembly on 13 
December 1963.

    Recalling resolution 1884 (XVIII), calling upon States to 
refrain from placing in orbit around the Earth any objects 
carrying nuclear weapons or any other kinds of weapons of mass 
destruction or from installing such weapons on celestial 
bodies, which was adopted unanimously by the United Nations 
General Assembly on 17 October 1963.

    Taking account of United Nations General Assembly 
resolution 110 (II) of 3 November 1947, which condemned 
propaganda designed or likely to provoke or encourage any 
threat to the peace breach of the peace or act of aggression, 
and considering that the aforementioned resolution is 
applicable to outer space.

    Convinced that a Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies, will further the 
Purposes and Principles of the Charter of the United Nations,

    Have agreed on the following:

                               Article I

    The exploration and use of outer space, including the moon 
and other celestial bodies, shall be carried out for the 
benefit and in the interests of all counties, irrespective of 
their degree of economic or scientific development, and shall 
be the province of all mankind.
    Outer space, including the moon and other celestial bodies, 
shall be free for exploration and use by all States without 
discrimination of any kind, on a basis of equality and in 
accordance with international law, and there shall be free 
access to all areas of celestial bodies.
    There shall be freedom of scientific investigation in outer 
space, including the moon and other celestial bodies, and 
States shall facilitate and encourage international cooperation 
in such investigation.

                               Article II

    Outer space, including the moon and other celestial bodies, 
is not subject to national appropriation by claim of 
sovereignty, by means of use or occupation, or by any other 
means.

                              Article III

    States Parties to the Treaty shall carry on activities in 
the exploration and use of outer space, including the moon and 
other celestial bodies, in accordance with international law, 
including the Charter of the United Nations, in the interest of 
maintaining international peace and security and promoting 
international cooperation and understanding.

                               Article IV

    States Parties to the Treaty undertake not to place in 
orbit around the Earth any objects carrying nuclear weapons or 
any other kinds of weapons of mass destruction, install such 
weapons on celestial bodies, or station such weapons in outer 
space in any other manner.
    The moon and other celestial bodies shall be used by all 
States Parties to the Treaty exclusively for peaceful purposes. 
The establishment of military bases, installations and 
fortifications, the testing of any type of weapons and the 
conduct of military maneuvers on celestial bodies shall be 
forbidden. The use of military personnel for scientific 
research or for any other peaceful purposes shall not be 
prohibited. The use of any equipment or facility necessary for 
peaceful exploration of the moon and other celestial bodies 
shall also not be prohibited.

                               Article V

    States Parties to the Treaty shall regard astronauts as 
envoys of mankind in outer space and shall render to them all 
possible assistance in the event of accident, distress, or 
emergency landing on the territory of another State Party or on 
the high seas. When astronauts make such a landing, they shall 
be safely and promptly returned to the State of registry of 
their space vehicle.
    In carrying on activities in outer space and on celestial 
bodies, the astronauts of one State Party shall render all 
possible assistance to the astronauts of other States Parties.
    States Parties to the Treaty shall immediately inform the 
other States Parties to the Treaty or the Secretary-General of 
the United Nations of any phenomena they discover in outer 
space, including the moon and other celestial bodies, which 
could constitute a danger to the life or health of astronauts.

                               Article VI

    States Parties to the Treaty shall bear international 
responsibility for national activities in outer space, 
including the moon and other celestial bodies, whether such 
activities are carried on by governmental agencies or by non-
governmental entities, and for assuring that national 
activities are carried out in conformity with the provisions 
set forth in the present Treaty. The activities of non-
governmental entities in outer space, including the moon and 
other celestial bodies, shall require authorization and 
continuing supervision by the appropriate State Party to the 
Treaty. When activities are carried on in outer space, 
including the moon and other celestial bodies, by an 
international organization, responsibility for compliance with 
this Treaty shall be borne by the international organization 
and by the States Parties to the Treaty participating in such 
organization.

                              Article VII

    Each State Party to the Treaty that launches or procures 
the launching of an object into outer space, including the moon 
and other celestial bodies, and each State Party from whose 
territory or facility an object is launched, is internationally 
liable for damage to another State Party to the Treaty or to 
its natural or juridical persons by such object or its 
component parts on the Earth, in air space or in outer space, 
including the moon and other celestial bodies.

                              Article VIII

    A State Party to the Treaty on whose registry an object 
launched into outer space is carried shall retain jurisdiction 
and control over such object, and over any personnel thereof, 
while in outer space or on a celestial body. Ownership of 
objects launched into outer space, including objects landed or 
constructed on a celestial body, and of their component parts, 
is not affected by their presence in outer space or on a 
celestial body or by their return to the Earth. Such objects or 
component parts found beyond the limits of the State Party to 
the Treaty on whose registry they are carried shall be returned 
to that State Party, which shall, upon request, furnish 
identifying data prior to their return.

                               Article IX

    In the exploration and use of outer space, including the 
moon and other celestial bodies, States Parties to the Treaty 
shall be guided by the principle of co-operation and mutual 
assistance and shall conduct all their activities in outer 
space, including the moon and other celestial bodies, with due 
regard to the corresponding interests of all other States 
Parties to the Treaty. States Parties to the Treaty shall 
pursue studies of outer space, including the moon and other 
celestial bodies, and conduct exploration of them so as to 
avoid their harmful contamination and also adverse changes in 
the environment of the Earth resulting from the introduction of 
extraterrestrial matter and, where necessary, shall adopt 
appropriate measures for this purpose. If a State Party to the 
Treaty has reason to believe that an activity or experiment 
planned by it or its nationals in outer space, including the 
moon and other celestial bodies, would cause potentially 
harmful interference with activities of other States Parties in 
the peaceful exploration and use of outer space, including the 
moon and other celestial bodies, is shall undertake appropriate 
international consultations before proceeding with any such 
activity or experiment. A State Party to the Treaty which has 
reason to believe that an activity or experiment planned by 
another State Party in outer space, including the moon and 
other celestial bodies, would cause potentially harmful 
interference with activities in the peaceful exploration and 
use of outer space, including the moon and other celestial 
bodies, may request consultation concerning the activity or 
experiment.

                               Article X

    In order to promote international co-operation in the 
exploration and use of outer space, including the moon and 
other celestial bodies, in conformity with the purposes of this 
Treaty, the States Parties to the Treaty shall consider on a 
basis of the equality any requests by other States Parties to 
the Treaty to be afforded an opportunity to observe the flight 
of space objects launched by those States.
    The nature of such an opportunity for observation and 
conditions under which it could be afforded shall be determined 
by agreement between the States concerned.

                               Article XI

    In order to promote international co-operation in the 
peaceful exploration and use of outer space, States Parties to 
the Treaty conducting activities in outer space, including the 
moon and other celestial bodies, agree to inform the Secretary-
General of the United Nations as well as the public and the 
international scientific community to the greatest extent 
feasible and practicable, of the nature, conduct, locations and 
results of such activities. On receiving the said information, 
the Secretary-General of the United Nations should be prepared 
to disseminate it immediately and effectively.

                              Article XII

    All stations, installations, equipment and space vehicles 
on the moon and other celestial bodies shall be open to 
representatives of other States Parties to the Treaty on a 
basis of reciprocity. Such representatives shall give 
reasonable advance notice of a projected visit, in order that 
appropriate consultations may be held and that maximum 
precautions may be taken to assure safety and to avoid 
interference with normal operations in the facility to be 
visited.

                              Article XIII

    The provisions of this Treaty shall apply to the activities 
of States Parties to the Treaty in the exploration and use of 
outer space, including the moon and other celestial bodies, 
whether such activities are carried on by a single State Party 
to the Treaty or jointly with other States, including cases 
where they are carried on within the framework of international 
inter-governmental organizations.
    Any practical questions arising in connection with 
activities carried on by international inter-governmental 
organizations in the exploration and use of outer space, 
including the moon and other celestial bodies, shall be 
resolved by the States Parties to the Treaty either with the 
appropriate international organization or with one or more 
States members of that international organization, which are 
Parties to this Treaty.

                              Article XIV

    1. This Treaty shall be open to all States for signature. 
Any State which does not sign this Treaty before its entry into 
force in accordance with paragraph 3 of this article may accede 
to it at any time.
    2. This Treaty shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
United States of America, the United Kingdom of Great Britain 
and Northern Ireland, and the Union of Soviet Socialist 
Republics, which are hereby designated the Depositary 
Governments.
    3. This Treaty shall enter into force upon the deposit of 
instruments of ratification by five Governments including the 
Governments designated as Depositary Governments under this 
Treaty.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Treaty, is shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Treaty, the date of its entry into force and 
other notices.
    6. This Treaty shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article XV

    Any State Party to the Treaty may propose amendments to 
this Treaty. Amendments shall enter into force for each State 
party to the Treaty accepting the amendment upon their 
acceptance by a majority of the States Parties to the Treaty 
and thereafter for each remaining State Party to the Treaty on 
the date of acceptance by it.

                              Article XVI

    Any State Party to the Treaty may give notice of its 
withdrawal from the Treaty one year after its entry into force 
by written notification to the Depositary Governments. Such 
withdrawal shall take effect one year from the date of receipt 
of this notification.

                              Article XVII

    This Treaty, of which the English, Russian, French, Spanish 
and Chinese texts are equally authentic, shall be deposited in 
the archives of the Depositary Governments. Duly certified 
copies of this Treaty shall be transmitted by the Depositary 
Governments to the Governments of the signatory and acceding 
States.

    In witness whereof the undersigned, duly authorized, have 
signed this Treaty.

    Done in triplicate, at the cities of Washington, London and 
Moscow, this twenty-seventh day of January one thousand nine 
hundred sixty-seven.
            b. Astronaut Assistance and Return Agreement \1\

 Signed at Washington, London and Moscow, April 22, 1968; Ratification 
advised by the Senate, October 8, 1968; Ratification by the President, 
   October 18, 1968; Ratifications of the Governments of the United 
States, the United Kingdom and the Union of Soviet Socialist Republics 
deposited with the said Governments at Washington, London, and Moscow, 
   December 3, 1968; Proclaimed by the President, December 3, 1968; 
                  Entered into force, December 3, 1968

Agreement on the Rescue of Astronauts, the Return of Astronauts and the 
              Return of Objects Launched into Outer Space

    The Contracting Parties,
---------------------------------------------------------------------------
    \1\ 19 UST 7570; TIAS 6599; 672 UNTS 119. For a list of states that 
are parties to the Agreement, see Department of State publication, 
Treaties in Force.

    Noting the great importance of the Treaty on Principles 
Governing the Activities of States in the Exploration and Use 
of Outer Space, Including the Moon and Other Celestial Bodies, 
which calls for the rendering of all possible assistance to 
astronauts in the event of accident, distress or emergency 
landing, the prompt and safe return of astronauts, and the 
---------------------------------------------------------------------------
return of objects launched into outer space,

    Desiring to develop and give further concrete expression to 
those duties,

    Wishing to promote international co-operation in the 
peaceful exploration and use of outer space,

    Prompted by sentiments of humanity,

    Have agreed on the following:

                               Article 1

    Each Contracting Party which receives information or 
discovers that the personnel of a spacecraft have suffered 
accident or are experiencing conditions of distress or have 
made an emergency or unintended landing in territory under its 
jurisdiction or on the high seas or in any other place not 
under the jurisdiction of any State shall immediately:
    (a) Notify the launching authority or, if it cannot 
identify and immediately communicate with the launching 
authority, immediately make a public announcement by all 
appropriate means of communication at its disposal;
    (b) Notify the Secretary-General of the United Nations, who 
should disseminate the information without delay by all 
appropriate means of communication at his disposal.

                               Article 2

    If, owing to accident, distress, emergency or unintended 
landing, the personnel of a spacecraft land in territory under 
the jurisdiction of the Contracting Party, it shall immediately 
take all possible steps to rescue them and render them all 
necessary assistance. It shall inform the launching authority 
and also the Secretary-General of the United Nations of the 
steps it is taking and of their progress. If assistance by the 
launching authority would help to effect a prompt rescue or 
would contribute substantially to the effectiveness of search 
and rescue operations, the launching authority shall co-operate 
with the Contracting Party with a view to the effective conduct 
of search and rescue operations. Such operations shall be 
subject to the direction and control of the Contracting Party, 
which shall act in close and continuing consultation with the 
launching authority.

                               Article 3

    If the information is received or it is discovered that the 
personnel of a spacecraft have alighted on the high seas on in 
any other place not under the jurisdiction of any State, those 
Contracting Parties which are in a position to do so shall, if 
necessary, extend assistance in search and rescue operations 
for such personnel to assure their speedy rescue. They shall 
inform the launching authority and the Secretary-General of the 
United Nations of the steps they are taking and of their 
progress.

                               Article 4

    If, owing to accident, distress, emergency or unintended 
landing, the personnel of a spacecraft land in territory under 
the jurisdiction of a Contracting Party or have been found on 
the high seas or in any other place under the jurisdiction of 
any State, they shall be safely and promptly returned to 
representatives of the launching authority.

                               Article 5

    1. Each Contracting Party which receives information or 
discovers that a space object or its component parts had 
returned to Earth in territory under its jurisdiction or on the 
high seas or in any other place not under the jurisdiction of 
any State, shall notify the launching authority and the 
Secretary-General of the United Nations.
    2. Each Contracting Party having jurisdiction over the 
territory on which a space object or its component parts has 
been discovered shall, upon the request of the launching 
authority and with assistance from that authority if requested, 
take such steps as it finds practicable to recover the object 
or component parts.
    3. Upon request of the launching authority, objects 
launched into outer space or their component parts found beyond 
the territorial limits of the launching authority shall be 
returned to or held at the disposal or representatives of the 
launching authority, which shall, upon request, furnish 
identifying data prior to their return.
    4. Notwithstanding paragraphs 2 and 3 of this article, a 
Contracting Party which has reason to believe that a space 
object or its component parts discovered in territory under its 
jurisdictions, or recovered by it elsewhere, is of a hazardous 
or deleterious nature may so notify the launching authority, 
which shall immediately take effective steps, under the 
direction and control of the said Contracting Party, to 
eliminate possible danger of harm.
    5. Expenses incurred in fulfilling obligations to recover 
and return a space object or its component parts under 
paragraphs 2 and 3 of this article shall be borne by the 
launching authority.

                               Article 6

    For the purposes of this Agreement, the term ``launching 
authority'' shall refer to the State responsible for launching, 
or, where an international inter-governmental organization is 
responsible for launching, that organization, provided that 
that organization declares its acceptance of the rights and 
obligations provided for in this Agreement and a majority of 
the States members of that organization are Contracting Parties 
to this Agreement and to the Treaty on Principles Governing the 
Activities of States in the Exploration and Use of Outer Space, 
including the Moon and Other Celestial Bodies.

                               Article 7

    1. This Agreement shall be open to all States for 
signature. Any State which does not sign this Agreement before 
its entry into force in accordance with paragraph 3 of this 
article may accede to it at any time.
    2. This Agreement shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
United States of America, the United Kingdom of Great Britain 
and Northern Ireland and the Union of Soviet Socialist 
Republics, which are hereby designated the Depositary 
Governments.
    3. This Agreement shall enter into force upon the deposit 
of instruments of ratification by five Governments including 
the Governments designated as Depositary Governments under this 
Agreement.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Agreement, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Agreement, the date of its entry into force 
and other notices.
    6. This Agreement shall be registered by the Depository 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                               Article 8

    Any State Party to the Agreement may propose amendments to 
this Agreement. Amendments shall enter into force for each 
State Party to the Agreement accepting the amendments upon 
their acceptance by a majority of the State Parties to the 
Agreement and thereafter for each remaining State Party to the 
Agreement on the date of acceptance by it.

                               Article 9

    Any State Party to the Agreement may give notice of its 
withdrawal from the Agreement one year after its entry into 
force by written notification to the Depositary Governments. 
Such withdrawal shall take effect one year from the date of 
receipt of this notification.

                               Article 10

    This Agreement, of which the English, Russian, French, 
Spanish and Chinese texts are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Agreement shall be transmitted by the 
Depository Government to the Governments of the signatory and 
acceding States.

    In witness whereof the undersigned, duly authorized, have 
signed this Treaty.

    Done in triplicate, at the cities of Washington, London and 
Moscow, this twenty-second day of April one thousand nine 
hundred sixty-eight.
  c. Convention on International Liability for Damage Caused by Space 
                                Objects

 Done at Washington, London, and Moscow, March 29, 1972; Ratification 
advised by the Senate, October 6, 1972; Ratification by the President, 
 May 18, 1973; Ratifications of the Governments of the United States, 
    the United Kingdom, and the Union of Soviet Socialist Republics 
 deposited with the said Governments at Washington, London and Moscow, 
October 9, 1973; Entered into force, October 9, 1973; Proclaimed by the 
                    President, November 21, 1973 \1\

   Convention on International Liability for Damage Caused by Space 
                                Objects

    The States Parties to this Convention,
---------------------------------------------------------------------------
    \1\ 24 UST 2389, TIAS 7762. For a list of states that are parties 
to the Convention, see Department of State publication, Treaties in 
Force.

    Recognizing the common interest of all mankind in 
furthering the exploration and use of outer space for peaceful 
---------------------------------------------------------------------------
purposes,

    Recalling the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies,

    Taking into consideration that, notwithstanding the 
precautionary measures to be taken by States and international 
intergovernmental organizations involved in the launching of 
space objects, damage may on occasion be caused by such 
objects,

    Recognizing the need to elaborate effective international 
rules and procedures concerning liability for damage caused by 
space objects and to ensure, in particular, the prompt payment 
under the terms of this Convention of a full and equitable 
measure of compensation to victims of such damage,

    Believing that the establishment of such rules and 
procedures will contribute to the strengthening of 
international cooperation in the field of the exploration and 
use of outer space for peaceful purposes,

    Have agreed on the following:

                               Article I

    For the purposes of this Convention:
    (a) The term ``damage'' means loss of life, personal injury 
or other impairment of health; or loss of or damage to property 
of States or of persons, natural or juridical, or property of 
international intergovernmental organizations;
    (b) The term ``launching'' includes attempted launching;
    (c) The term ``launching State'' means:
          (i) A State which launches or procures the launching 
        of a space object;
          (ii) A State from whose territory or facility a space 
        object is launched;
    (d) The term ``space object'' includes component parts of a 
space object as well as its launch vehicle and parts thereof.

                               Article II

    A launching State shall be absolutely liable to pay 
compensation for damage caused by its space object on the 
surface of the Earth or to aircraft in flight.

                              Article III

    In the event of damage being caused elsewhere than on the 
surface of the Earth to a space object of one launching State 
or to persons or property on board such a space object by a 
space object of another launching State, the latter shall be 
liable only if the damage is due to its fault or the fault of 
persons for whom it is responsible.

                               Article IV

    1. In the event of damage being caused elsewhere than on 
the surface of the Earth to a space object of one launching 
State or to persons or property on board such a space object by 
a space object of another launching State, and of damage 
thereby being caused to a third State or to its natural or 
juridical persons, the first two States shall be jointly and 
severally liable to the third State, to the extent indicated by 
the following:
          (a) If the damage has been caused to the third State 
        on the surface of the Earth or to aircraft in flight, 
        their liability to the third State shall be absolute;
          (b) If the damage has been caused to a space object 
        of the third State or to persons or property on board 
        that space object elsewhere than on the surface of the 
        Earth, their liability to the third State shall be 
        based on the fault of either of the first two States or 
        on the fault of persons for whom either is responsible.
    2. In all cases of joint and several liability referred to 
in paragraph 1 of this article, the burden of compensation for 
the damage shall be apportioned between the first two States in 
accordance with the extent to which they were at fault; if the 
extent of the fault of each of these States cannot be 
established, the burden of compensation shall be apportioned 
equally between them. Such apportionment shall be without 
prejudice to the right of the third State to seek the entire 
compensation due under this Convention from any or all of the 
launching States which are jointly and severally liable.

                               Article V

    1. Whenever two or more States jointly launch a space 
object, they shall be jointly and severally liable for any 
damage caused.
    2. A launching State which has paid compensation for damage 
shall have the right to present a claim for indemnification to 
other participants in the joint launching. The participants in 
a joint launching may conclude agreements regarding the 
apportioning among themselves of the financial obligation in 
respect of which they are jointly and severally liable. Such 
agreements shall be without prejudice to the right of a State 
sustaining damage to seek the entire compensation due under 
this Convention from any or all of the launching States which 
are jointly and severally liable.
    3. A State from whose territory or facility a space object 
is launched shall be regarded as a participant in a joint 
launching.

                               Article VI

    1. Subject to the provisions of paragraph 2 of this 
article, exoneration from absolute liability shall be granted 
to the extent that a launching State establishes that the 
damage has resulted either wholly or partially from gross 
negligence or from an act or omission done with intent to cause 
damage on the part of a claimant State or of natural or 
juridical persons it represents.
    2. No exoneration whatever shall be granted in cases where 
the damage has resulted from activities conducted by a 
launching State which are not in conformity with international 
law including, in particular, the Chapter of the United Nations 
and the Treaty on Principles Governing the Activities of States 
in the Exploration and Use of Outer Space, including the Moon 
and Other Celestial Bodies.

                              Article VII

    The provisions of this Convention shall not apply to damage 
caused by a space object of a launching State to:
          (a) Nationals of that launching State;
          (b) Foreign nationals during such time as they are 
        participating in the operation of that space object 
        from the time of its launching or at any stage 
        thereafter until its descent, or during such time as 
        they are in the immediate vicinity of a planned 
        launching or recovery area as the result of an 
        invitation by that launching State.

                              Article VIII

    1. A State which suffers damage, or whose natural or 
juridical persons suffer damage, may present to a launching 
State a claim for compensation for such damage.
    2. If the State of nationality has not presented a claim, 
another State may, in respect of damage sustained in its 
territory by any natural or juridical person, present a claim 
to a launching State.
    3. If neither the State of nationality nor the State in 
whose territory the damage was sustained has presented a claim 
or notified its intention of presenting a claim, another State 
may, in respect of damage sustained by its permanent residents, 
present a claim to a launching State.

                               Article IX

    A claim for compensation for damages shall be presented to 
a launching State through diplomatic channels. If a State does 
not maintain diplomatic relations with the launching State 
concerned, it may request another State to present its claim to 
that launching State or otherwise represent its interests under 
this Convention. It may also present its claim through the 
Secretary-General of the United Nations, provided the claimant 
State and the launching State are both Members of the United 
Nations.

                               Article X

    1. A claim for compensation for damage may be presented to 
a launching State not later than one year following the date of 
the occurrence of the damage or the identification of the 
launching State which is liable.
    2. If, however, a State does not know of the occurrence of 
the damage or has not been able to identify the launching State 
which is liable, it may present a claim within one year 
following the date on which it learned of the aforementioned 
facts; however, this period shall in no event exceed one year 
following the date on which the State could reasonably be 
expected to have learned of the facts through exercise of due 
diligence.
    3. The time-limits specified in paragraphs 1 and 2 of this 
article shall apply even if the full extent of the damage may 
not be known. In this event, however, the claimant State shall 
be entitled to revise the claim and submit additional 
documentation after the expiration of such time-limits until 
one year after the full extent of the damage is known.

                               Article XI

    1. Presentation of a claim to a launching State for 
compensation for damage under this Convention shall not require 
the prior exhaustion of any local remedies which may be 
available to a claimant State or to natural or juridical 
persons it represents.
    2. Nothing in this Convention shall prevent a State, or 
natural or juridical persons it might represent, from pursuing 
a claim in the courts or administrative tribunals or agencies 
of a launching State. A State shall not, however, be entitled 
to present a claim under this Convention in respect of the same 
damage for which a claim is being pursued in the courts or 
administrative tribunals or agencies of a launching State or 
under another international agreement which is binding on the 
States concerned.

                              Article XII

    The compensation which the launching State shall be liable 
to pay for damage under this Convention shall be determined in 
accordance with international law and the principles of justice 
and equity, in order to provide such reparation in respect of 
the damage as will restore the person, natural or juridical, 
State or international organization on whose behalf the claim 
is presented to the condition which would have existed if the 
damage had not occurred.

                              Article XIII

    Unless the claimant State and the State from which 
compensation is due under this Convention agree on another form 
of compensation, the compensation shall be paid in the currency 
of the claimant State or, if that State so requests, in the 
currency of the State from which compensation is due.

                              Article XIV

    If no settlement of a claim is arrived at through 
diplomatic negotiations as provided for in article IX, within 
one year from the date on which the claimant State notifies the 
launching State that it has submitted the documentation of its 
claim, the parties concerned shall establish a Claims 
Commission at the request of either party.

                               Article XV

    1. The Claims Commission shall be composed of three 
members: one appointed by the claimant State, one appointed by 
the launching State and the third member, the Chairman, to be 
chosen by both parties jointly. Each party shall make its 
appointment within two months of the request for the 
establishment of the Claims Commission.
    2. If no agreement is reached on the choice of the Chairman 
within four months of the request for the establishment of the 
Commission, either party may request the Secretary-General of 
the United Nations to appoint the Chairman within a further 
period of two months.

                              Article XVI

    1. If one of the parties does not make its appointment 
within the stipulated period, the Chairman shall, at the 
request of the other party, constitute a single-member Claims 
Commission.
    2. Any vacancy which may arise in the Commission for 
whatever reason shall be filled by the same procedure adopted 
for the original appointment.
    3. The Commission shall determine its own procedure.
    4. The Commission shall determine the place or places where 
it shall sit and all other administrative matters.
    5. Except in the case of decisions and awards by a single-
member Commission, all decisions and awards of the Commission 
shall be by majority vote.

                              Article XVII

    No increase in the membership of the Claims Commission 
shall take place by reason of two or more claimant States or 
launching States being joined in any one proceeding before the 
Commission. The claimant States so joined shall collectively 
appoint one member of the Commission in the same manner and 
subject to the same conditions as would be the case for a 
single claimant State. When two or more launching States are so 
joined, they shall collectively appoint one member of the 
Commission in the same way. If the claimant States or the 
launching States do not make the appointment within the 
stipulated period, the Chairman shall constitute a single-
member Commission.

                             Article XVIII

    The Claims Commission shall decide the merits of the claim 
for compensation and determine the amount of compensation 
payable, if any.

                              Article XIX

    1. The Claims Commission shall act in accordance with the 
provisions of article XII.
    2. The decision of the Commission shall be final and 
binding if the parties have so agreed; otherwise the Commission 
shall render a final and recommendatory award, which the 
parties shall consider in good faith. The Commission shall 
state the reasons for its decision or award.
    3. The Commission shall give its decision or award as 
promptly as possible and no later than one year from the date 
of its establishment, unless an extension of this period is 
found necessary by the Commission.
    4. The Commission shall make its decision or award public. 
It shall deliver a certified copy of its decision or award to 
each of the parties and to the Secretary-General of the United 
Nations.

                               Article XX

    The expenses in regard to the Claims Commission shall be 
borne equally by the parties, unless otherwise decided by the 
Commission.

                              Article XXI

    If the damage caused by a space object presents a large-
scale danger to human life or seriously interferes with the 
living conditions of the population or the functioning of vital 
centers, the States Parties, and in particular the launching 
State, shall examine the possibility of rendering appropriate 
and rapid assistance to the State which has suffered the 
damage, when it so requests. However, nothing in this article 
shall affect the rights or obligations of the States Parties 
under this Convention.

                              Article XXII

    1. In this Convention, with the exception of articles XXIV 
to XXVII, references to States shall be deemed to apply to any 
international intergovernmental organization which conducts 
space activities if the organization declares its acceptance of 
the rights and obligations provided for in this Convention and 
if a majority of the States members of the organization are 
States Parties to this Convention and to the Treaty on 
Principles Governing the Activities of States in the 
Exploration and Use of Outer Space, including the Moon and 
Other Celestial Bodies.
    2. States members of any such organization which are States 
Parties to this Convention shall take all appropriate steps to 
ensure that the organization makes a declaration in accordance 
with the preceding paragraph.
    3. If an international intergovernmental organization is 
liable for damage by virtue of the provisions of this 
Convention, that organization and those of its members which 
are States Parties to this Convention shall be jointly and 
severally liable; provided, however, that:
          (a) Any claim for compensation in respect to such 
        damage shall be first presented to the organization;
          (b) Only where the organization has not paid, within 
        a period of six months, any sum agreed or determined to 
        be due as compensation for such damage, may the 
        claimant State invoke the liability of the members 
        which are States Parties to this Convention for the 
        payment of that sum.
    4. Any claim, pursuant to the provisions of this 
Convention, for compensation in respect of damage caused to an 
organization which has made a declaration in accordance with 
paragraph 1 of this article shall be presented by a State 
member of the organization which is a State Party to this 
Convention.

                             Article XXIII

    1. The provisions of this Convention shall not affect other 
international agreements in force insofar as relations between 
the States Parties to such agreements are concerned.
    2. No provision of this Convention shall prevent States 
from concluding international agreements reaffirming, 
supplementing or extending its provisions.

                              Article XXIV

    1. This Convention shall be open to all States for 
signature. Any State which does not sign this Convention before 
its entry into force in accordance with paragraph 3 of this 
article may accede to it at any time.
    2. This Convention shall be subject to ratification by 
signatory States. Instruments of ratification and instruments 
of accession shall be deposited with the Governments of the 
United States of America, the United Kingdom of Great Britain 
and Northern Ireland and the Union of Soviet Socialist 
Republics, which are hereby designated the Depositary 
Governments.
    3. This Convention shall enter into force on the deposit of 
the fifth instrument of ratification.
    4. For States whose instruments of ratification or 
accession are deposited subsequent to the entry into force of 
this Convention, it shall enter into force on the date of the 
deposit of their instruments of ratification or accession.
    5. The Depositary Governments shall promptly inform all 
signatory and acceding States of the date of each signature, 
the date of deposit of each instrument of ratification of and 
accession to this Convention, the date of its entry into force 
and other notices.
    6. This Convention shall be registered by the Depositary 
Governments pursuant to Article 102 of the Charter of the 
United Nations.

                              Article XXV

    Any State Party to this Convention may propose amendments 
to this Convention. Amendments shall enter into force for each 
State Party to the Convention accepting the amendments upon 
their acceptance by a majority of the States Parties to the 
Convention and thereafter for each remaining State Party to the 
Convention on the date of acceptance by it.

                              Article XXVI

    Ten years after the entry into force of this Convention, 
the question of the review of this Convention shall be included 
in the provisional agenda of the United Nations General 
Assembly in order to consider, in the light of past application 
of the Convention, whether it requires revision. However, at 
any time after the Convention has been in force for five years, 
and at the request of one third of the States Parties to the 
Convention, and with the concurrence of the majority of the 
States Parties, a conference of the States Parties shall be 
convened to review this Convention.

                             Article XXVII

    Any State Party to this Convention may give notice of its 
withdrawal from the Convention one year after its entry into 
force by written notification to the Depositary Governments. 
Such withdrawal shall take effect one year from the date of 
receipt of this notification.

                             Article XXVIII

    This Convention, of which the English, Russian, French, 
Spanish and Chinese texts are equally authentic, shall be 
deposited in the archives of the Depositary Governments. Duly 
certified copies of this Convention shall be transmitted by the 
Depositary Governments to the Governments of the signatory and 
acceding States.

    In witness whereof the undersigned, duly authorized, have 
signed this Convention.

    Done in triplicate, at the cities of Washington, London and 
Moscow, this twenty-ninth day of March, one thousand nine 
hundred and seventy-two.
 d. Agreement Concerning Cooperation on the Civil International Space 
                                Station

  Done at Washington, January 29, 1998; Entered into force, March 27, 
                                2001 \1\

  Agreement Among the Government of Canada, Governments of the Member 
   States of the European Space Agency, the Government of Japan, the 
Government of the Russian Federation, and the Government of the United 
  States of America Concerning Cooperation on the Civil International 
                             Space Station

    The Government of Canada (hereinafter also ``Canada''),
---------------------------------------------------------------------------
    \1\ For a list of states that are parties to the Convention, see 
Department of State publication, Treaties in Force.

    The Governments of the Kingdom of Belgium, the Kingdom of 
Denmark, the French Republic, the Federal Republic of Germany, 
the Italian Republic, the Kingdom of the Netherlands, the 
Kingdom of Norway, the Kingdom of Spain, the Kingdom of Sweden, 
the Swiss Confederation, and the United Kingdom of Great 
Britain and Northern Ireland, being Governments of Member 
States of the European Space Agency (hereinafter collectively 
---------------------------------------------------------------------------
``the European Governments'' or ``the European Partner''),

    The Government of Japan (hereinafter also ``Japan''),

    The Government of the Russian Federation (hereinafter also 
``Russia''), and

    The Government of the United States of America (hereinafter 
``the Government of the United States'' or ``the United 
States''),

    Recalling that in January 1984 the President of the United 
States directed the National Aeronautics and Space 
Administration (NASA) to develop and place into orbit a 
permanently manned Space Station and invited friends and allies 
of the United States to participate in its development and use 
and to share in the benefits thereof,

    Recalling the acceptance of the aforementioned invitation 
by the Prime Minister of Canada at the March 1985 Quebec Summit 
meeting with the President of the United States and the mutual 
confirmation of interest on cooperation at the March 1986 
Washington, D.C. Summit meeting,

    Recalling the terms of the relevant Resolutions adopted on 
31 January 1985 and 20 October 1995 by the European Space 
Agency (ESA) Council meeting at the ministerial level, and 
that, within the framework of ESA, and in accordance with its 
purpose as defined in Article II of the Convention establishing 
it, the Columbus programme and the European participation in 
the international Space Station development programme have been 
undertaken to develop and will develop elements of the civil 
international Space Station,

    Recalling Japan's interest in the Space Station program 
manifested during the NASA Administrator's visits to Japan in 
1984 and 1985 and Japan's participation in the U.S. space 
program through the First Materials Processing Test,

    Recalling ESA's and Canada's participation in the U.S. 
Space Transportation System through the European development of 
the first manned space laboratory, Spacelab, and the Canadian 
development of the Remote Manipulator System,

    Recalling the partnership created by the Agreement Among 
the Government of the United States of America, Governments of 
Member States of the European Space Agency, the Government of 
Japan, and the Government of Canada on Cooperation in the 
Detailed Design, Development, Operation, and Utilization of the 
Permanently Manned Civil Space Station (hereinafter ``the 1988 
Agreement''), done at Washington on 29 September 1988 and 
related Memoranda of Understanding between NASA and the 
Ministry of State for Science and Technology (MOSST) of Canada, 
NASA and ESA, and NASA and the Government of Japan,

    Recognizing that the 1988 Agreement entered into force on 
30 January 1992 between the United States and Japan,

    Recalling that NASA, ESA, the Government of Japan and MOSST 
have been implementing cooperative activities to realize the 
partnership in the Space Station program in accordance with the 
1988 Agreement and the related Memoranda of Understanding, and 
recognizing that upon its establishment on 1 March 1989, the 
Canadian Space Agency (CSA) assumed responsibility for the 
execution of the Canadian Space Station Program from MOSST,

    Convinced that, in view of the Russian Federation's unique 
experience and accomplishments in the area of human space 
flight and long-duration missions, including the successful 
long-term operation of the Russian Mir Space Station, its 
participation in the partnership will considerably enhance the 
capabilities of the Space Station to the benefit of all the 
Partners,

    Recalling the invitation extended on 6 December 1993 by the 
Government of Canada, the European Governments, the Government 
of Japan, and the Government of the United States to the 
Government of the Russian Federation to become a Partner in the 
detailed design, development, operation and utilization of the 
Space Station within the framework established by the Space 
Station Agreements, and the positive response of the Government 
of the Russian Federation on 17 December 1993 to that 
invitation,

    Recalling the arrangements between the Chairman of the 
Government of the Russian Federation and the Vice President of 
the United States to promote cooperation on important human 
spaceflight activities, including the Russian-U.S. Mir-Shuttle 
program, to prepare for building the International Space 
Station,

    Recalling the Treaty on Principles Governing the Activities 
of States in the Exploration and Use of Outer Space, including 
the Moon and Other Celestial Bodies (hereinafter ``the Outer 
Space Treaty''), which entered into force on 10 October 1967,

    Recalling the Agreement on the Rescue of Astronauts, the 
Return of Astronauts, and the Return of Objects Launched into 
Outer Space (hereinafter ``the Rescue Agreement''), which 
entered into force on 3 December 1968,

    Recalling the Convention on International Liability for 
Damage Caused by Space Objects (hereinafter ``the Liability 
Convention''), which entered into force on 1 September 1972,

    Recalling the Convention on Registration of Objects 
Launched into Outer Space (hereinafter ``the Registration 
Convention''), which entered into force on 15 September 1976,

    Convinced that working together on the civil international 
Space Station will further expand cooperation through the 
establishment of a long-term and mutually beneficial 
relationship, and will further promote cooperation in the 
exploration and peaceful use of outer space,

    Recognizing that NASA and CSA, NASA and ESA, NASA and the 
Government of Japan, and NASA and the Russian Space Agency 
(RSA) have prepared Memoranda of Understanding (hereinafter 
``the MOUs'') in conjunction with their Governments' 
negotiation of this Agreement, and that the MOUs provide 
detailed provisions in implementation of this Agreement,

    Recognizing, in light of the foregoing, that it is 
desirable to establish among the Government of Canada, the 
European Governments, the Government of Japan, the Government 
of the Russian Federation, and the Government of the United 
States a framework for the design, development, operation, and 
utilization of the Space Station,

    Have agreed as follows:

                               Article 1

                            Object and Scope

    1. The object of this Agreement is to establish a long-term 
international cooperative framework among the Partners, on the 
basis of genuine partnership, for the detailed design, 
development, operation, and utilization of a permanently 
inhabited civil international Space Station for peaceful 
purposes, in accordance with international law. This civil 
international Space Station will enhance the scientific, 
technological, and commercial use of outer space. This 
Agreement specifically defines the civil international Space 
Station program and the nature of this partnership, including 
the respective rights and obligations of the Partners in this 
cooperation. This Agreement further provides for mechanisms and 
arrangements designed to ensure that its object is fulfilled.
    2. The Partners will join their efforts, under the lead 
role of the United States for overall management and 
coordination, to create an integrated international Space 
Station. The United States and Russia, drawing on their 
extensive experience in human space flight, will produce 
elements which serve as the foundation for the international 
Space Station. The European Partner and Japan will produce 
elements that will significantly enhance the Space Station's 
capabilities. Canada's contribution will be an essential part 
of the Space Station. This Agreement lists in the Annex the 
elements to be provided by the Partners to form the 
international Space Station.
    3. The permanently inhabited civil international Space 
Station (hereinafter ``the Space Station'') will be a multi-use 
facility in low-earth orbit, with flight elements and Space 
Station-unique ground elements provided by all the Partners. By 
providing Space Station flight elements, each Partner acquires 
certain rights to use the Space Station and participates in its 
management in accordance with this Agreement, the MOUs, and 
implementing arrangements.
    4. The Space Station is conceived as having an evolutionary 
character. The Partner States' rights and obligations regarding 
evolution shall be subject to specific provisions in accordance 
with Article 14.

                               Article 2

                  International Rights and Obligations

    1. The Space Station shall be developed, operated, and 
utilized in accordance with international law, including the 
Outer Space Treaty, the Rescue Agreement, the Liability 
Convention, and the Registration Convention.
    2. Nothing in this Agreement shall be interpreted as:
          (a) modifying the rights and obligations of the 
        Partner States found in the treaties listed in 
        paragraph 1 above, either toward each other or toward 
        other States, except as otherwise provided in Article 
        16;
          (b) affecting the rights and obligations of the 
        Partner States when exploring or using outer space, 
        whether individually or in cooperation with other 
        States, in activities unrelated to the Space Station; 
        or
          (c) constituting a basis for asserting a claim to 
        national appropriation over outer space or over any 
        portion of outer space.

                               Article 3

                              Definitions

    For the purposes of this Agreement, the following 
definitions shall apply:
          (a) ``this Agreement'': the present Agreement, 
        including the Annex;
          (b) ``the Partners'' (or, where appropriate, ``each 
        Partner''): the Government of Canada; the European 
        Governments listed in the Preamble which become parties 
        to this Agreement, as well as any other European 
        Government that may accede to this Agreement in 
        accordance with Article 25(3), acting collectively as 
        one Partner; the Government of Japan; the Government of 
        the Russian Federation; and the Government of the 
        United States;
          (c) ``Partner State'': each Contracting Party for 
        which this Agreement has entered into force, in 
        accordance with Article 25.

                               Article 4

                          Cooperating Agencies

    1. The Partners agree that the Canadian Space Agency 
(hereinafter ``CSA'') for the Government of Canada, the 
European Space Agency (hereinafter ``ESA'') for the European 
Governments, the Russian Space Agency (hereinafter ``RSA'') for 
Russia, and the National Aeronautics and Space Administration 
(hereinafter ``NASA'') for the United States shall be the 
Cooperating Agencies responsible for implementing Space Station 
cooperation. The Government of Japan's Cooperating Agency 
designation for implementing Space Station cooperation shall be 
made in the Memorandum of Understanding between NASA and the 
Government of Japan referred to in paragraph 2 below.
    2. The Cooperating Agencies shall implement Space Station 
cooperation in accordance with the relevant provisions of this 
Agreement, the respective Memoranda of Understanding (MOUs) 
between NASA and CSA, NASA and ESA, NASA and the Government of 
Japan, and NASA and RSA concerning cooperation on the civil 
international Space Station, and arrangements between or among 
NASA and the other Cooperating Agencies implementing the MOUs 
(implementing arrangements). The MOUs shall be subject to this 
Agreement, and the implementing arrangements shall be 
consistent with and subject to the MOUs.
    3. Where a provision of an MOU sets forth rights or 
obligations accepted by a Cooperating Agency (or, in the case 
of Japan, the Government of Japan) not a party to that MOU, 
such provision may not be amended without the written consent 
of that Cooperating Agency (or, in the case of Japan, the 
Government of Japan).

                               Article 5

                 Registration; Jurisdiction and Control

    1. In accordance with Article II of the Registration 
Convention, each Partner shall register as space objects the 
flight elements listed in the Annex which it provides, the 
European Partner having delegated this responsibility to ESA, 
acting in its name and on its behalf.
    2. Pursuant to Article VIII of the Outer Space Treaty and 
Article II of the Registration Convention, each Partner shall 
retain jurisdiction and control over the elements it registers 
in accordance with paragraph 1 above and over personnel in or 
on the Space Station who are its nationals. The exercise of 
such jurisdiction and control shall be subject to any relevant 
provisions of this Agreement, the MOUs, and implementing 
arrangements, including relevant procedural mechanisms 
established therein.

                               Article 6

                  Ownership of Elements and Equipment

    1. Canada, the European Partner, Russia, and the United 
States, through their respective Cooperating Agencies, and an 
entity designated by Japan at the time of the deposit of its 
instrument under Article 25(2), shall own the elements listed 
in the Annex that they respectively provide, except as 
otherwise provided for in this Agreement. The Partners, acting 
through their Cooperating Agencies, shall notify each other 
regarding the ownership of any equipment in or on the Space 
Station.
    2. The European Partner shall entrust ESA, acting in its 
name and on its behalf, with ownership over the elements it 
provides, as well as over any other equipment developed and 
funded under an ESA programme as a contribution to the Space 
Station, its operation or utilization.
    3. The transfer of ownership of the elements listed in the 
Annex or of equipment in or on the Space Station shall not 
affect the rights and obligations of the Partners under this 
Agreement, the MOUs, or implementing arrangements.
    4. Equipment in or on the Space Station shall not be owned 
by, and ownership of elements listed in the Annex shall not be 
transferred to, any non-Partner or private entity under the 
jurisdiction of a non-Partner without the prior concurrence of 
the other Partners. Any transfer of ownership of any element 
listed in the Annex shall require prior notification of the 
other Partners.
    5. The ownership of equipment or material provided by a 
user shall not be affected by the mere presence of such 
equipment or material in or on the Space Station.
    6. The ownership or registration of elements or the 
ownership of equipment shall in no way be deemed to be an 
indication of ownership of material or data resulting from the 
conduct of activities in or on the Space Station.
    7. The exercise of ownership of elements and equipment 
shall be subject to any relevant provisions of this Agreement, 
the MOUs, and implementing arrangements, including relevant 
procedural mechanisms established therein.

                               Article 7

                               Management

    1. Management of the Space Station will be established on a 
multilateral basis and the Partners, acting through their 
Cooperating Agencies, will participate and discharge 
responsibilities in management bodies established in accordance 
with the MOUs and implementing arrangements as provided below. 
These management bodies shall plan and coordinate activities 
affecting the design and development of the Space Station and 
its safe, efficient, and effective operation and utilization, 
as provided in this Agreement and the MOUs. In these management 
bodies, decision-making by consensus shall be the goal. 
Mechanisms for decision-making within these management bodies 
where it is not possible for the Cooperating Agencies to reach 
consensus are specified in the MOUs. Decision-making 
responsibilities which the Partners and their Cooperating 
Agencies have with respect to the elements they provide are 
specified in this Agreement and the MOUs.
    2. The United States, acting through NASA, and in 
accordance with the MOUs and implementing arrangements, shall 
be responsible for management of its own program, including its 
utilization activities. The United States, acting through NASA, 
and in accordance with the MOUs and implementing arrangements, 
shall also be responsible for: overall program management and 
coordination of the Space Station, except as otherwise provided 
in this Article and in the MOUs; overall system engineering and 
integration; establishment of overall safety requirements and 
plans; and overall planning for and coordination of the 
execution of the overall integrated operation of the Space 
Station.
    3. Canada, the European Partner, Japan and Russia, acting 
through their Cooperating Agencies, and in accordance with the 
MOUs and implementing arrangements, shall each be responsible 
for: management of their own programs, including their 
utilization activities; system engineering and integration of 
the elements they provide; development and implementation of 
detailed safety requirements and plans for the elements they 
provide; and, consistent with paragraph 2 above, supporting the 
United States in the performance of its overall 
responsibilities, including participating in planning for and 
coordination of the execution of the integrated operation of 
the Space Station.
    4. To the extent that a design and development matter 
concerns only a Space Station element provided by Canada, the 
European Partner, Japan, or Russia and is not covered in the 
agreed program documentation provided for in the MOUs, that 
Partner, acting through its Cooperating Agency, may make 
decisions related to that element.

                               Article 8

                    Detailed Design and Development

    In accordance with Article 7 and other relevant provisions 
of this Agreement, and in accordance with the MOUs and 
implementing arrangements, each Partner, acting through its 
Cooperating Agency, shall design and develop the elements which 
it provides, including Space Station-unique ground elements 
adequate to support the continuing operation and full 
international utilization of the flight elements, and shall 
interact with the other Partners, through their Cooperating 
Agencies, to reach solutions on design and development of their 
respective elements.

                               Article 9

                              Utilization

    1. Utilization rights are derived from Partner provision of 
user elements, infrastructure elements, or both. Any Partner 
that provides Space Station user elements shall retain use of 
those elements, except as otherwise provided in this paragraph. 
Partners which provide resources to operate and use the Space 
Station, which are derived from their Space Station 
infrastructure elements, shall receive in exchange a fixed 
share of the use of certain user elements. Partners' specific 
allocations of Space Station user elements and of resources 
derived from Space Station infrastructure are set forth in the 
MOUs and implementing arrangements.
    2. The Partners shall have the right to barter or sell any 
portion of their respective allocations. The terms and 
conditions of any barter or sale shall be determined on a case-
by-case basis by the parties to the transaction.
    3. Each Partner may use and select users for its 
allocations for any purpose consistent with the object of this 
Agreement and provisions set forth in the MOUs and implementing 
arrangements, except that:
          (a) any proposed use of a user element by a non-
        Partner or private entity under the jurisdiction of a 
        non-Partner shall require the prior notification to and 
        timely consensus among all Partners through their 
        Cooperating Agencies; and
          (b) the Partner providing an element shall determine 
        whether a contemplated use of that element is for 
        peaceful purposes, except that this subparagraph shall 
        not be invoked to prevent any Partner from using 
        resources derived from the Space Station 
        infrastructure.
    4. In its use of the Space Station, each Partner, through 
its Cooperating Agency, shall seek through the mechanisms 
established in the MOUs to avoid causing serious adverse 
effects on the use of the Space Station by the other Partners.
    5. Each Partner shall assure access to and use of its Space 
Station elements to the other Partners in accordance with their 
respective allocations.
    6. For purposes of this Article, an ESA Member State shall 
not be considered a ``non-Partner''.

                               Article 10

                               Operation

    The Partners, acting through their Cooperating Agencies, 
shall have responsibilities in the operation of the elements 
they respectively provide, in accordance with Article 7 and 
other relevant provisions of this Agreement, and in accordance 
with the MOUs and implementing arrangements. The Partners, 
acting through their Cooperating Agencies, shall develop and 
implement procedures for operating the Space Station in a 
manner that is safe, efficient, and effective for Space Station 
users and operators, in accordance with the MOUs and 
implementing arrangements. Further, each Partner, acting 
through its Cooperating Agency, shall be responsible for 
sustaining the functional performance of the elements it 
provides.

                               Article 11

                                  Crew

    1. Each Partner has the right to provide qualified 
personnel to serve on an equitable basis as Space Station crew 
members. Selections and decisions regarding the flight 
assignments of a Partner's crew members shall be made in 
accordance with procedures provided in the MOUs and 
implementing arrangements.
    2. The Code of Conduct for the Space Station crew will be 
developed and approved by all the Partners in accordance with 
the individual Partner's internal procedures, and in accordance 
with the MOUs. A Partner must have approved the Code of Conduct 
before it provides Space Station crew. Each Partner, in 
exercising its right to provide crew, shall ensure that its 
crew members observe the Code of Conduct.

                               Article 12

                             Transportation

    1. Each of the Partners shall have the right of access to 
the Space Station using its respective government and private 
sector space transportation systems, if they are compatible 
with the Space Station. The United States, Russia, the European 
Partner, and Japan, through their respective Cooperating 
Agencies, shall make available launch and return transportation 
services for the Space Station (using such space transportation 
systems as the U.S. Space Shuttle, the Russian Proton and 
Soyuz, the European Ariane-5, and the Japanese H-II). 
Initially, the U.S. and Russian space transportation systems 
will be used to provide launch and return transportation 
services for the Space Station and, in addition, the other 
space transportation systems will be used as those systems 
become available. Access and launch and return transportation 
services shall be in accordance with the provisions of the 
relevant MOUs and implementing arrangements.
    2. Those Partners providing launch and return 
transportation services to other Partners and their respective 
users on a reimbursable or other basis shall provide such 
services consistent with conditions specified in the relevant 
MOUs and implementing arrangements. Those Partners providing 
launch and return transportation services on a reimbursable 
basis shall provide such services to another Partner or the 
users of that Partner, in comparable circumstances, on the same 
basis they provide such services to any other Partner or the 
users of such other Partner. Partners shall use their best 
efforts to accommodate proposed requirements and flight 
schedules of the other Partners.
    3. The United States, through NASA, working with the other 
Partners' Cooperating Agencies in management bodies, shall plan 
and coordinate launch and return transportation services for 
the Space Station in accordance with the integrated traffic 
planning process, as provided in the MOUs and implementing 
arrangements.
    4. Each Partner shall respect the proprietary rights in and 
the confidentiality of appropriately marked data and goods to 
be transported on its space transportation system.

                               Article 13

                             Communications

    1. The United States and Russia, through their Cooperating 
Agencies, shall provide the two primary data relay satellite 
system space and ground communications networks for command, 
control, and operations of Space Station elements and payloads, 
and other Space Station communication purposes. Other Partners 
may provide data relay satellite system space and ground 
communication networks, if they are compatible with the Space 
Station and with Space Station use of the two primary networks. 
The provision of Space Station communications shall be in 
accordance with provisions in the relevant MOUs and 
implementing arrangements.
    2. On a reimbursable basis, the Cooperating Agencies shall 
use their best efforts to accommodate, with their respective 
communication systems, specific Space Station-related 
requirements of one another, consistent with conditions 
specified in the relevant MOUs and implementing arrangements.
    3. The United States, through NASA, working with the other 
Partners' Cooperating Agencies in management bodies, shall plan 
and coordinate space and ground communications services for the 
Space Station in accordance with relevant program 
documentation, as provided in the MOUs and implementing 
arrangements.
    4. Measures to ensure the confidentiality of utilization 
data passing through the Space Station Information System and 
other communication systems being used in connection with the 
Space Station may be implemented, as provided in the MOUs. Each 
Partner shall respect the proprietary rights in, and the 
confidentiality of, the utilization data passing through its 
communication systems, including its ground network and the 
communication systems of its contractors, when providing 
communication services to another Partner.

                               Article 14

                               Evolution

    1. The Partners intend that the Space Station shall evolve 
through the addition of capability and shall strive to maximize 
the likelihood that such evolution will be effected through 
contributions from all the Partners. To this end, it shall be 
the object of each Partner to provide, where appropriate, the 
opportunity to the other Partners to cooperate in its proposals 
for additions of evolutionary capability. The Space Station 
together with its additions of evolutionary capability shall 
remain a civil station, and its operation and utilization shall 
be for peaceful purposes, in accordance with international law.
    2. This Agreement sets forth rights and obligations 
concerning only the elements listed in the Annex, except that 
this Article and Article 16 shall apply to any additions of 
evolutionary capability. This Agreement does not commit any 
Partner State to participate in, or otherwise grant any Partner 
rights in, the addition of evolutionary capability.
    3. Procedures for the coordination of the Partners' 
respective evolution studies and for the review of specific 
proposals for the addition of evolutionary capability are 
provided in the MOUs.
    4. Cooperation between or among Partners regarding the 
sharing of addition(s) of evolutionary capability shall 
require, following the coordination and review provided for in 
paragraph 3 above, either the amendment of this Agreement, or a 
separate agreement to which the United States, to ensure that 
any addition is consistent with the overall program, and any 
other Partner providing a Space Station element or space 
transportation system on which there is an operational or 
technical impact, shall be parties.
    5. Following the coordination and review provided for in 
paragraph 3 above, the addition of evolutionary capability by 
one Partner shall require prior notification of the other 
Partners, and an agreement with the United States to ensure 
that any addition is consistent with the overall program, and 
with any other Partner providing a Space Station element or 
space transportation system on which there is an operational or 
technical impact.
    6. A Partner which may be affected by the addition of 
evolutionary capability under paragraph 4 or 5 above may 
request consultations with the other Partners in accordance 
with Article 23.
    7. The addition of evolutionary capability shall in no 
event modify the rights and obligations of any Partner State 
under this Agreement and the MOUs concerning the elements 
listed in the Annex, unless the affected Partner State 
otherwise agrees.

                               Article 15

                                Funding

    1. Each Partner shall bear the costs of fulfilling its 
respective responsibilities under this Agreement, including 
sharing on an equitable basis the agreed common system 
operations costs or activities attributed to the operation of 
the Space Station as a whole, as provided in the MOUs and 
implementing arrangements.
    2. Financial obligations of each Partner pursuant to this 
Agreement are subject to its funding procedures and the 
availability of appropriated funds. Recognizing the importance 
of Space Station cooperation, each Partner undertakes to make 
its best efforts to obtain approval for funds to meet those 
obligations, consistent with its respective funding procedures.
    3. In the event that funding problems arise that may affect 
a Partner's ability to fulfill its responsibilities in Space 
Station cooperation, that Partner, acting through its 
Cooperating Agency, shall notify and consult with the other 
Cooperating Agencies. If necessary, the Partners may also 
consult.
    4. The Partners shall seek to minimize operations costs for 
the Space Station. In particular, the Partners, through their 
Cooperating Agencies, in accordance with the provisions of the 
MOUs, shall develop procedures intended to contain the common 
system operations costs and activities within approved 
estimated levels.
    5. The Partners shall also seek to minimize the exchange of 
funds in the implementation of Space Station cooperation, 
including through the performance of specific operations 
activities as provided in the MOUs and implementing 
arrangements or, if the concerned Partners agree, through the 
use of barter.

                               Article 16

                       Cross-Waiver of Liability

    1. The objective of this Article is to establish a cross-
waiver of liability by the Partner States and related entities 
in the interest of encouraging participation in the 
exploration, exploitation, and use of outer space through the 
Space Station. This cross-waiver of liability shall be broadly 
construed to achieve this objective.
    2. For the purposes of this Article:
          (a) A ``Partner State'' includes its Cooperating 
        Agency. It also includes any entity specified in the 
        MOU between NASA and the Government of Japan to assist 
        the Government of Japan's Cooperating Agency in the 
        implementation of that MOU.
          (b) The term ``related entity'' means:
                  (1) a contractor or subcontractor of a 
                Partner State at any tier;
                  (2) a user or customer of a Partner State at 
                any tier; or
                  (3) a contractor or subcontractor of a user 
                or customer of a Partner State at any tier.
        This subparagraph may also apply to a State, or an 
        agency or institution of a State, having the same 
        relationship to a Partner State as described in 
        subparagraphs 2(b)(1) through 2(b)(3) above or 
        otherwise engaged in the implementation of Protected 
        Space Operations as defined in subparagraph 2 (f) 
        below.
        ``Contractors'' and ``subcontractors'' include 
        suppliers of any kind.
          (c) The term ``damage'' means:
                  (1) bodily injury to, or other impairment of 
                health of, or death of, any person;
                  (2) damage to, loss of, or loss of use of any 
                property;
                  (3) loss of revenue or profits; or
                  (4) other direct, indirect or consequential 
                damage.
          (d) The term ``launch vehicle'' means an object (or 
        any part thereof) intended for launch, launched from 
        Earth, or returning to Earth which carries payloads or 
        persons, or both.
          (e) The term ``payload'' means all property to be 
        flown or used on or in a launch vehicle or the Space 
        Station.
          (f) The term ``Protected Space Operations'' means all 
        launch vehicle activities, Space Station activities, 
        and payload activities on Earth, in outer space, or in 
        transit between Earth and outer space in implementation 
        of this Agreement, the MOUs, and implementing 
        arrangements. It includes, but is not limited to:
                  (1) research, design, development, test, 
                manufacture, assembly, integration, operation, 
                or use of launch or transfer vehicles, the 
                Space Station, or a payload, as well as related 
                support equipment and facilities and services; 
                and
                  (2) all activities related to ground support, 
                test, training, simulation, or guidance and 
                control equipment and related facilities or 
                services.
        ``Protected Space Operations'' also includes all 
        activities related to evolution of the Space Station, 
        as provided for in Article 14. ``Protected Space 
        Operations'' excludes activities on Earth which are 
        conducted on return from the Space Station to develop 
        further a payload's product or process for use other 
        than for Space Station related activities in 
        implementation of this Agreement.
    3. (a) Each Partner State agrees to a cross-waiver of 
liability pursuant to which each Partner State waives all 
claims against any of the entities or persons listed in 
subparagraphs 3(a)(1) through 3(a)(3) below based on damage 
arising out of Protected Space Operations. This cross-waiver 
shall apply only if the person, entity, or property causing the 
damage is involved in Protected Space Operations and the 
person, entity, or property damaged is damaged by virtue of its 
involvement in Protected Space Operations. The cross-waiver 
shall apply to any claims for damage, whatever the legal basis 
for such claims against:
          (1) another Partner State;
          (2) a related entity of another Partner State;
          (3) the employees of any of the entities identified 
        in subparagraphs 3(a)(1) and 3(a)(2) above.
    (b) In addition, each Partner State shall, by contract or 
otherwise, extend the cross-waiver of liability as set forth in 
subparagraph 3(a) above to its related entities by requiring 
them to:
          (1) waive all claims against the entities or persons 
        identified in subparagraphs 3(a)(1) through 3(a)(3) 
        above; and
          (2) require that their related entities waive all 
        claims against the entities or persons identified in 
        subparagraphs 3(a)(1) through 3(a)(3) above.
    (c) For avoidance of doubt, this cross-waiver of liability 
includes a cross-waiver of liability arising from the Liability 
Convention where the person, entity, or property causing the 
damage is involved in Protected Space Operations and the 
person, entity, or property damaged is damaged by virtue of its 
involvement in Protected Space Operations.
    (d) Notwithstanding the other provisions of this Article, 
this cross-waiver of liability shall not be applicable to:
          (1) claims between a Partner State and its related 
        entity or between its own related entities;
          (2) claims made by a natural person, his/her estate, 
        survivors or subrogees (except when a subrogee is a 
        Partner State) for bodily injury to, or other 
        impairment of health of, or death of such natural 
        person;
          (3) claims for damage caused by willful misconduct;
          (4) intellectual property claims;
          (5) claims for damage resulting from a failure of a 
        Partner State to extend the cross-waiver of liability 
        to its related entities, pursuant to subparagraph 3(b) 
        above.
    (e) With respect to subparagraph 3(d)(2) above, in the 
event that a subrogated claim of the Government of Japan is not 
based upon government employee accident compensation law, the 
Government of Japan shall fulfill its obligation to waive such 
subrogated claim by ensuring that any assisting entity 
specified pursuant to subparagraph 2(a) above indemnifies, in a 
manner consistent with Article 15(2) and in accordance with 
applicable laws and regulations of Japan, any entity or person 
identified in subparagraphs 3(a)(1) through 3(a)(3) above 
against liability arising from such subrogated claim by the 
Government of Japan. Nothing in this Article shall preclude the 
Government of Japan from waiving the foregoing subrogated 
claims.
    (f) Nothing in this Article shall be construed to create 
the basis for a claim or suit where none would otherwise exist.

                               Article 17

                          Liability Convention

    1. Except as otherwise provided in Article 16, the Partner 
States, as well as ESA, shall remain liable in accordance with 
the Liability Convention.
    2. In the event of a claim arising out of the Liability 
Convention, the Partners (and ESA, if appropriate) shall 
consult promptly on any potential liability, on any 
apportionment of such liability, and on the defense of such 
claim.
    3. Regarding the provision of launch and return services 
provided for in Article 12(2), the Partners concerned (and ESA, 
if appropriate) may conclude separate agreements regarding the 
apportionment of any potential joint and several liability 
arising out of the Liability Convention.

                               Article 18

                        Customs and Immigration

    1. Each Partner State shall facilitate the movement of 
persons and goods necessary to implement this Agreement into 
and out of its territory, subject to its laws and regulations.
    2. Subject to its laws and regulations, each Partner State 
shall facilitate provision of the appropriate entry and 
residence documentation for nationals and families of nationals 
of another Partner State who enter or exit or reside within the 
territory of the first Partner State in order to carry out 
functions necessary for the implementation of this Agreement.
    3. Each Partner State shall grant permission for duty-free 
importation and exportation to and from its territory of goods 
and software which are necessary for implementation of this 
Agreement and shall ensure their exemption from any other taxes 
and duties collected by the customs authorities. This paragraph 
shall be implemented without regard to the country of origin of 
such necessary goods and software.

                               Article 19

                       Exchange of Data and Goods

    1. Except as otherwise provided in this paragraph, each 
Partner, acting through its Cooperating Agency shall transfer 
all technical data and goods considered to be necessary (by 
both parties to any transfer) to fulfill the responsibilities 
of that Partner's Cooperating Agency under the relevant MOUs 
and implementing arrangements. Each Partner undertakes to 
handle expeditiously any request for technical data or goods 
presented by the Cooperating Agency of another Partner for the 
purposes of Space Station cooperation. This Article shall not 
require a Partner State to transfer any technical data and 
goods in contravention of its national laws or regulations.
    2. The Partners shall make their best efforts to handle 
expeditiously requests for authorization of transfers of 
technical data and goods by persons or entities other than the 
Partners or their Cooperating Agencies (for example, company-
to-company exchanges which are likely to develop), and they 
shall encourage and facilitate such transfers in connection 
with the Space Station cooperation under this Agreement. 
Otherwise, such transfers are not covered by the terms and 
conditions of this Article. National laws and regulations shall 
apply to such transfers.
    3. The Partners agree that transfers of technical data and 
goods under this Agreement shall be subject to the restrictions 
set forth in this paragraph. The transfer of technical data for 
the purposes of discharging the Partners' responsibilities with 
regard to interface, integration and safety shall normally be 
made without the restrictions set forth in this paragraph. If 
detailed design, manufacturing, and processing data and 
associated software is necessary for interface, integration or 
safety purposes, the transfer shall be made in accordance with 
paragraph 1 above, but the data and associated software may be 
appropriately marked as set out below. Technical data and goods 
not covered by the restrictions set forth in this paragraph 
shall be transferred without restriction, except as otherwise 
restricted by national laws or regulations.
          (a) The furnishing Cooperating Agency shall mark with 
        a notice, or otherwise specifically identify, the 
        technical data or goods that are to be protected for 
        export control purposes. Such a notice or 
        identification shall indicate any specific conditions 
        regarding how such technical data or goods may be used 
        by the receiving Cooperating Agency and its contractors 
        and subcontractors, including (1) that such technical 
        data or goods shall be used only for the purposes of 
        fulfilling the receiving Cooperating Agency's 
        responsibilities under this Agreement and the relevant 
        MOUs, and (2) that such technical data or goods shall 
        not be used by persons or entities other than the 
        receiving Cooperating Agency, its contractors or 
        subcontractors, or for any other purposes, without the 
        prior written permission of the furnishing Partner 
        State, acting through its Cooperating Agency.
          (b) The furnishing Cooperating Agency shall mark with 
        a notice the technical data that are to be protected 
        for proprietary rights purposes. Such notice shall 
        indicate any specific conditions regarding how such 
        technical data may be used by the receiving Cooperating 
        Agency and its contractors and subcontractors, 
        including (1) that such technical data shall be used, 
        duplicated, or disclosed only for the purposes of 
        fulfilling the receiving Cooperating Agency's 
        responsibilities under this Agreement and the relevant 
        MOUs, and (2) that such technical data shall not be 
        used by persons or entities other than the receiving 
        Cooperating Agency, its contractors or subcontractors, 
        or for any other purposes, without the prior written 
        permission of the furnishing Partner State, acting 
        through its Cooperating Agency.
          (c) In the event that any technical data or goods 
        transferred under this Agreement are classified, the 
        furnishing Cooperating Agency shall mark with a notice, 
        or otherwise specifically identify, such technical data 
        or goods. The requested Partner State may require that 
        any such transfer shall be pursuant to a security of 
        information agreement or arrangement which sets forth 
        the conditions for transferring and protecting such 
        technical data or goods. A transfer need not be 
        conducted if the receiving Partner State does not 
        provide for the protection of the secrecy of patent 
        applications containing information that is classified 
        or otherwise held in secrecy for national security 
        purposes.
        No classified technical data or goods shall be 
        transferred under this Agreement unless both parties 
        agree to the transfer.
    4. Each Partner State shall take all necessary steps to 
ensure that technical data or goods received by it under 
subparagraphs 3(a), 3(b), or 3(c) above shall be treated by the 
receiving Partner State, its Cooperating Agency, and other 
persons and entities (including contractors and subcontractors) 
to which the technical data or goods are subsequently 
transferred in accordance with the terms of the notice or 
identification. Each Partner State and Cooperating Agency shall 
take all reasonably necessary steps, including ensuring 
appropriate contractual conditions in their contracts and 
subcontracts, to prevent unauthorized use, disclosure, or 
retransfer of, or unauthorized access to, such technical data 
or goods. In the case of technical data or goods received under 
subparagraph 3(c) above, the receiving Partner State or 
Cooperating Agency shall accord such technical data or goods a 
level of protection at least equivalent to the level of 
protection accorded by the furnishing Partner State or 
Cooperating Agency.
    5. It is not the intent of the Partners to grant, through 
this Agreement or the relevant MOUs, any rights to a recipient 
beyond the right to use, disclose, or retransfer received 
technical data or goods consistent with conditions imposed 
under this Article.
    6. Withdrawal from this Agreement by a Partner State shall 
not affect rights or obligations regarding the protection of 
technical data and goods transferred under this Agreement prior 
to such withdrawal, unless otherwise agreed in a withdrawal 
agreement pursuant to Article 28.
    7. For the purposes of this Article, any transfer of 
technical data and goods by a Cooperating Agency to ESA shall 
be deemed to be destined to ESA, to all of the European Partner 
States, and to ESA's designated Space Station contractors and 
subcontractors, unless otherwise specifically provided for at 
the time of transfer.
    8. The Partners, through their Cooperating Agencies, will 
establish guidelines for security of information.

                               Article 20

                 Treatment of Data and Goods in Transit

    Recognizing the importance of the continuing operation and 
full international utilization of the Space Station, each 
Partner State shall, to the extent its applicable laws and 
regulations permit, allow the expeditious transit of data and 
goods of the other Partners, their Cooperating Agencies, and 
their users. This Article shall only apply to data and goods 
transiting to and from the Space Station, including but not 
limited to transit between its national border and a launch or 
landing site within its territory, and between a launch or 
landing site and the Space Station.

                               Article 21

                         Intellectual Property

    1. For the purposes of this Agreement, ``intellectual 
property'' is understood to have the meaning of Article 2 of 
the Convention Establishing the World Intellectual Property 
Organization, done at Stockholm on 14 July 1967.
    2. Subject to the provisions of this Article, for purposes 
of intellectual property law, an activity occurring in or on a 
Space Station flight element shall be deemed to have occurred 
only in the territory of the Partner State of that element's 
registry, except that for ESA-registered elements any European 
Partner State may deem the activity to have occurred within its 
territory. For avoidance of doubt, participation by a Partner 
State, its Cooperating Agency, or its related entities in an 
activity occurring in or on any other Partner's Space Station 
flight element shall not in and of itself alter or affect the 
jurisdiction over such activity provided for in the previous 
sentence.
    3. In respect of an invention made in or on any Space 
Station flight element by a person who is not its national or 
resident, a Partner State shall not apply its laws concerning 
secrecy of inventions so as to prevent the filing of a patent 
application (for example, by imposing a delay or requiring 
prior authorization) in any other Partner State that provides 
for the protection of the secrecy of patent applications 
containing information that is classified or otherwise 
protected for national security purposes. This provision does 
not prejudice (a) the right of any Partner State in which a 
patent application is first filed to control the secrecy of 
such patent application or restrict its further filing; or (b) 
the right of any other Partner State in which an application is 
subsequently filed to restrict, pursuant to any international 
obligation, the dissemination of an application.
    4. Where a person or entity owns intellectual property 
which is protected in more than one European Partner State, 
that person or entity may not recover in more than one such 
State for the same act of infringement of the same rights in 
such intellectual property which occurs in or on an ESA-
registered element. Where the same act of infringement in or on 
an ESA-registered element gives rise to actions by different 
intellectual property owners by virtue of more than one 
European Partner State's deeming the activity to have occurred 
in its territory, a court may grant a temporary stay of 
proceeding in a later-filed action pending the outcome of an 
earlier-filed action. Where more than one action is brought, 
satisfaction of a judgment rendered for damages in any of the 
actions shall bar further recovery of damages in any pending or 
future action for infringement based upon the same act of 
infringement.
    5. With respect to an activity occurring in or on an ESA-
registered element, no European Partner State shall refuse to 
recognize a license for the exercise of any intellectual 
property right if that license is enforceable under the laws of 
any European Partner State, and compliance with the provisions 
of such license shall also bar recovery for infringement in any 
European Partner State.
    6. The temporary presence in the territory of a Partner 
State of any articles, including the components of a flight 
element, in transit between any place on Earth and any flight 
element of the Space Station registered by another Partner 
State or ESA shall not in itself form the basis for any 
proceedings in the first Partner State for patent infringement.

                               Article 22

                         Criminal Jurisdiction

    In view of the unique and unprecedented nature of this 
particular international cooperation in space:
          1. Canada, the European Partner States, Japan, 
        Russia, and the United States may exercise criminal 
        jurisdiction over personnel in or on any flight element 
        who are their respective nationals.
          2. In a case involving misconduct on orbit that: (a) 
        affects the life or safety of a national of another 
        Partner State or (b) occurs in or on or causes damage 
        to the flight element of another Partner State, the 
        Partner State whose national is the alleged perpetrator 
        shall, at the request of any affected Partner State, 
        consult with such State concerning their respective 
        prosecutorial interests. An affected Partner State may, 
        following such consultation, exercise criminal 
        jurisdiction over the alleged perpetrator provided 
        that, within 90 days of the date of such consultation 
        or within such other period as may be mutually agreed, 
        the Partner State whose national is the alleged 
        perpetrator either:
                  (1) concurs in such exercise of criminal 
                jurisdiction, or
                  (2) fails to provide assurances that it will 
                submit the case to its competent authorities 
                for the purpose of prosecution.
          3. If a Partner State which makes extradition 
        conditional on the existence of a treaty receives a 
        request for extradition from another Partner State with 
        which it has no extradition treaty, it may at its 
        option consider this Agreement as the legal basis for 
        extradition in respect of the alleged misconduct on 
        orbit. Extradition shall be subject to the procedural 
        provisions and the other conditions of the law of the 
        requested Partner State.
          4. Each Partner State shall, subject to its national 
        laws and regulations, afford the other Partners 
        assistance in connection with alleged misconduct on 
        orbit.
          5. This Article is not intended to limit the 
        authorities and procedures for the maintenance of order 
        and the conduct of crew activities in or on the Space 
        Station which shall be established in the Code of 
        Conduct pursuant to Article 11, and the Code of Conduct 
        is not intended to limit the application of this 
        Article.

                               Article 23

                             Consultations

    1. The Partners, acting through their Cooperating Agencies, 
may consult with each other on any matter arising out of Space 
Station cooperation. The Partners shall exert their best 
efforts to settle such matters through consultation between or 
among their Cooperating Agencies in accordance with procedures 
provided in the MOUs.
    2. Any Partner may request that government-level 
consultations be held with another Partner on any matter 
arising out of Space Station cooperation. The requested Partner 
shall accede to such request promptly. If the requesting 
Partner notifies the United States that the subject of such 
consultations is appropriate for consideration by all the 
Partners, the United States shall convene multilateral 
consultations at the earliest practicable time, to which it 
shall invite all the Partners.
    3. Any Partner which intends to proceed with significant 
flight element design changes which may have an impact on the 
other Partners shall notify the other Partners accordingly at 
the earliest opportunity. A Partner so notified may request 
that the matter be submitted to consultations in accordance 
with paragraphs 1 and 2 above.
    4. If an issue not resolved through consultations still 
needs to be resolved, the concerned Partners may submit that 
issue to an agreed form of dispute resolution such as 
conciliation, mediation, or arbitration.

                               Article 24

                    Space Station Cooperation Review

    In view of the long-term, complex, and evolving character 
of their cooperation under this Agreement, the Partners shall 
keep each other informed of developments which might affect 
this cooperation. Beginning in 1999, and every three years 
thereafter, the Partners shall meet to deal with matters 
involved in their cooperation and to review and promote Space 
Station cooperation.

                               Article 25

                            Entry into Force

    1. This Agreement shall remain open for signature by the 
States listed in the Preamble of this Agreement.
    2. This Agreement is subject to ratification, acceptance, 
approval, or accession. Ratification, acceptance, approval, or 
accession shall be effected by each State in accordance with 
its constitutional processes. Instruments of ratification, 
acceptance, approval, or accession shall be deposited with the 
Government of the United States, hereby designated as the 
Depositary.
    3. (a) This Agreement shall enter into force on the date on 
which the last instrument of ratification, acceptance, or 
approval of Japan, Russia and the United States has been 
deposited. The Depositary shall notify all signatory States of 
this Agreement's entry into force.
    (b) This Agreement shall not enter into force for a 
European Partner State before it enters into force for the 
European Partner. It shall enter into force for the European 
Partner after the Depositary receives instruments of 
ratification, acceptance, approval, or accession from at least 
four European signatory or acceding States, and, in addition, a 
formal notification by the Chairman of the ESA Council.
    (c) Following entry into force of this Agreement for the 
European Partner, it shall enter into force for any European 
State listed in the Preamble that has not deposited its 
instrument of ratification, acceptance or approval upon deposit 
of such instrument. Any ESA Member State not listed in the 
Preamble may accede to this Agreement by depositing its 
instrument of accession with the Depositary.
    4. Upon entry into force of this Agreement, the 1988 
Agreement shall cease to be in force.
    5. If this Agreement has not entered into force for a 
Partner within a period of two years after its signature, the 
United States may convene a conference of the signatories to 
this Agreement to consider what steps, including any 
modifications to this Agreement, are necessary to take account 
of that circumstance.

                               Article 26

              Operative Effect as Between Certain Parties

    Notwithstanding Article 25 (3)(a) above, this Agreement 
shall become operative as between the United States and Russia 
on the date they have expressed their consent to be bound by 
depositing their instruments of ratification, acceptance or 
approval. The Depositary shall notify all signatory States if 
this Agreement becomes operative between the United States and 
Russia pursuant to this Article.

                               Article 27

                               Amendments

    This Agreement, including its Annex, may be amended by 
written agreement of the Governments of the Partner States for 
which this Agreement has entered into force. Amendments to this 
Agreement, except for those made exclusively to the Annex, 
shall be subject to ratification, acceptance, approval, or 
accession by those States in accordance with their respective 
constitutional processes. Amendments made exclusively to the 
Annex shall require only a written agreement of the Governments 
of the Partner States for which this Agreement has entered into 
force.

                               Article 28

                               Withdrawal

    1. Any Partner State may withdraw from this Agreement at 
any time by giving to the Depositary at least one year's prior 
written notice. Withdrawal by a European Partner State shall 
not affect the rights and obligations of the European Partner 
under this Agreement.
    2. If a Partner gives notice of withdrawal from this 
Agreement, with a view toward ensuring the continuation of the 
overall program, the Partners shall endeavor to reach agreement 
concerning the terms and conditions of that Partner's 
withdrawal before the effective date of withdrawal.
    3. (a) Because Canada's contribution is an essential part 
of the Space Station, upon its withdrawal, Canada shall ensure 
the effective use and operation by the United States of the 
Canadian elements listed in the Annex. To this end, Canada 
shall expeditiously provide hardware, drawings, documentation, 
software, spares, tooling, special test equipment, and/or any 
other necessary items requested by the United States.
    (b) Upon Canada's notice of withdrawal for any reason, the 
United States and Canada shall expeditiously negotiate a 
withdrawal agreement. Assuming that such agreement provides for 
the transfer to the United States of those elements required 
for the continuation of the overall program, it shall also 
provide for the United States to give Canada adequate 
compensation for such transfer.
    4. If a Partner gives notice of withdrawal from this 
Agreement, its Cooperating Agency shall be deemed to have 
withdrawn from its corresponding MOU with NASA, effective from 
the same date as its withdrawal from this Agreement.
    5. Withdrawal by any Partner State shall not affect that 
Partner State's continuing rights and obligations under 
Articles 16, 17, and 19, unless otherwise agreed in a 
withdrawal agreement pursuant to paragraph 2 or 3 above.

    In witness whereof the undersigned, being duly authorized 
thereto by their respective Governments, have signed this 
Agreement.

    Done at Washington, this 29th day of January, 1998. The 
texts of this Agreement in the English, French, German, 
Italian, Japanese, and Russian languages shall be equally 
authentic. A single original text in each language shall be 
deposited in the archives of the Government of the United 
States. The Depositary shall transmit certified copies to all 
signatory States. Upon entry into force of this Agreement, the 
Depositary shall register it pursuant to Article 102 of the 
Charter of the United Nations.

                                 Annex

         Space Station Elements to be Provided by the Partners

    The Space Station elements to be provided by the Partners 
are summarized below and are further elaborated in the MOUs:
          1. The Government of Canada, through CSA, shall 
        provide:
                  --as a Space Station infrastructure element, 
                the Mobile Servicing Center (MSC);
                  --as an additional flight element, the 
                Special Purpose Dexterous Manipulator; and
                  --in addition to the flight elements above, 
                Space Station-unique ground elements.
          2. The European Governments, through ESA, shall 
        provide:
                  --as a user element, the European pressurized 
                laboratory (including basic functional 
                outfitting);
                  --other flight elements to supply and to 
                reboost the Space Station; and
                  --in addition to the flight elements above, 
                Space Station-unique ground elements.
          3. The Government of Japan shall provide:
                  --as a user element, the Japanese Experiment 
                Module (including basic functional outfitting, 
                as well as the Exposed Facility and the 
                Experiment Logistics Modules);
                  --other flight elements to supply the Space 
                Station; and
                  --in addition to the flight elements above, 
                Space Station-unique ground elements.
          4. The Government of Russia, through RSA, shall 
        provide:
                  --Space Station infrastructure elements, 
                including service and other modules;
                  --as user elements, research modules 
                (including basic functional outfitting) and 
                attached payload accommodation equipment;
                  --other flight elements to supply and to 
                reboost the Space Station; and
                  --in addition to the flight elements above, 
                Space Station-unique ground elements.
          5. The Government of the United States, through NASA, 
        shall provide:
                  --Space Station infrastructure elements, 
                including a habitation module;
                  --as user elements, laboratory modules 
                (including basic functional outfitting), and 
                attached payload accommodation equipment;
                  --other flight elements to supply the Space 
                Station; and
                  --in addition to the flight elements above, 
                Space Station-unique ground elements.
 e. U.S.-U.S.S.R. Agreement Concerning Cooperation in the Exploration 
              and Use of Outer Space for Peaceful Purposes

   Done at Moscow June 17, 1992; Entered into force June 17, 1992 \1\

Agreement Between the United States of America and the Union of Soviet 
 Socialist Republics Concerning Cooperation in the Exploration and Use 
                  of Outer Space for Peaceful Purposes

    The United States of America and the Union of Soviet 
Socialist Republics;
---------------------------------------------------------------------------
    \1\ TIAS 12457. The Agreement has been extended through amendment, 
the most recent of which was July 3 and August 9, 2002.

    Considering the role which the USA and the USSR play in the 
---------------------------------------------------------------------------
exploration and use of outer space for peaceful purposes;

    Striving for a further expansion of cooperation between the 
USA and the USSR in the exploration and use of outer space for 
peaceful purposes;

    Noting the positive cooperation which the parties have 
already experienced in this area;

    Desiring to make the results of scientific research gained 
from the exploration and use of outer space for peaceful 
purposes available for the benefit of the peoples of the two 
countries and of all peoples of the world;

    Taking into consideration the provisions of the Treaty on 
principles governing the activities of States in the 
exploration and use of outer space, including the moon and 
other celestial bodies,2 as well as the Agreement on the rescue 
of astronauts, the return of astronauts, and the return of 
objects launched into outer space;

    In accordance with the Agreement between the United States 
of America and the Union of Soviet Socialist Republics on 
exchanges and cooperation in scientific, technical, 
educational, cultural, and other fields, signed April 11, 1972, 
and in order to develop further the principles of mutually 
beneficial cooperation between the two countries;

    Have agreed as follows:

                               Article 1

    The Parties will develop cooperation in the fields of space 
meteorology; study of the natural environment; exploration of 
near earth space, the moon and the planets; and space biology 
and medicine; and, in particular, will cooperate to take all 
appropriate measures to encourage and achieve the fulfilment of 
the Summary of Results of Discussion on Space Cooperation 
Between the US National Aeronautics and Space Administration 
and the Academy of Sciences of the USSR dated January 21, 1971.

                               Article 2

    The Parties will carry out such cooperation by means of 
mutual exchanges of scientific information and delegations, 
through meetings of scientists and specialists of both 
countries, and also in such other ways as may be mutually 
agreed. Joint working groups may be created for the development 
and implementation of appropriate programs of cooperation.

                               Article 3

    The Parties have agreed to carry out projects for 
developing compatible rendezvous and docking systems of United 
States and Soviet manned spacecraft and stations in order to 
enhance the safety of manned flight in space and to provide the 
opportunity for conducting joint scientific experiments in the 
future. It is planned that the first experimental flight to 
test these systems be conducted during 1975, envisaging the 
docking of a United States Apollo-type spacecraft and a Soviet 
Soyuz-type spacecraft with visits of astronauts in each other's 
spacecraft. The implementation of these projects will be 
carried out on the basis of principles and procedures which 
will be developed in accordance with the summary of results of 
the meeting between representatives of the US National 
Aeronautics and Space Administration and the USSR Academy of 
Sciences on the question of developing compatible systems for 
rendezvous and docking of manned spacecraft and space stations 
of the USA and the USSR dated April 6, 1972.

                               Article 4

    The Parties will encourage international efforts to resolve 
problems of international law in the exploration and use of 
outer space for peaceful purposes with the aim of strengthening 
the legal order in space and further developing international 
space law and will cooperate in this field.

                               Article 5

    The Parties may by mutual agreement determine other areas 
of cooperation in the exploration and use of outer space for 
peaceful purposes.

                               Article 6

    This Agreement shall enter into force upon signature and 
shall remain in force for five years. It may be modified or 
extended by mutual agreement of the Parties.\2\
---------------------------------------------------------------------------
    \2\ The Agreement has been extended through amendment, the most 
recent of which was July 3 and August 9, 2002.

    Done at Moscow this 24th day of May 1972 in duplicate, in 
the English and Russian languages, both equally authentic.
                            USE OF THE INDEX

                              ----------                              _

    The index is organized by subject matter only. Each subject 
entry also includes the legal citation indicating the document 
to which it refers. These legal citations were not chosen on 
the basis of standard legal citation form, but rather for the 
amount of information they provided and for convenience in 
producing a computer-printed index.
    Page references, wherever possible, indicate the exact page 
on which mention of the entry is made. Entries of a more 
general nature that refer to a large section or to an entire 
document are listed with the page on which the reference 
begins.
                               I N D E X

                              ----------                              _


 
 
                                    A
 
ABM Treaty.........................  23 UST 3435...........       342
  Amendments proposal..............  23 UST 3435 Art XIV...       345
  Definitions......................  23 UST 3435 Art II....       342
  Destroying and dismantling         23 UST 3435 Art VIII..       344
   systems.
  Development, testing and           23 UST 3435 Art III...       343
   deployment prohibition.
                                     23 UST 3435 Art IV....       343
                                     23 UST 3435 Art V.....       343
  Duration.........................  23 UST 3435 Art XV....       345
  Effectiveness assurance..........  23 UST 3435 Art VI....       344
  International obligations........  23 UST 3435 Art X.....       344
  Limits...........................  23 UST 3435 Art I.....       342
  Modernization and replacement of   23 UST 3435 Art VII...       344
   systems.
  National technical means of        23 UST 3435 Art XII...       344
   verification.
  Negotiations.....................  23 UST 3435 Art XI....       344
  Ratification.....................  23 UST 3435 Art XVI...       346
  Standing Consultative Commission.  23 UST 3435 Art XIII..       345
  Viability and effectiveness......  23 UST 3435 Art IX....       344
ABM Treaty Protocol................  27 UST 1645...........       346
  Deployment areas.................  27 UST 1645 Art I.....       346
  Dismantling or destroying systems  27 UST 1645 Art II....       347
  Duration.........................  27 UST 1645 Art III...       347
  Ratification.....................  27 UST 1645 Art IV....       347
Act of Bogota......................  ......................       569
  Economic development measures....  Sec III...............       572
  Multilateral cooperation for       Sec IV................       573
   social and economic progress.
  Social development special fund    Sec II................       572
   creation.
  Social improvement measures......  Sec I.................       570
Africa
  Convention to Combat               ......................      2204
   Desertification.
African Development Fund Articles    TIAS 8605.............      1397
 of Agreement.
  Additional subscriptions of State  TIAS 8605 Art 7.......      1399
   participants.
  Amendments proposal..............  TIAS 8605 Art 51......      1415
  Arbitration......................  TIAS 8605 Art 53......      1416
  Board of Directors...............  TIAS 8605 Art 26......      1407
                                     TIAS 8605 Art 27......      1407
                                     TIAS 8605 Art 28......      1408
                                     TIAS 8605 Schedule B..      1419
  Board of Governors...............  TIAS 8605 Art 23......      1405
                                     TIAS 8605 Art 24......      1406
                                     TIAS 8605 Art 25......      1406
  Co-operation with other            TIAS 8605 Art 18......      1405
   international organizations,
   institutions and States.
  Communication....................  TIAS 8605 Art 34......      1410
                                     TIAS 8605 Art 47......      1414
  Currencies use...................  TIAS 8605 Art 11......      1401
  Currencies valuation.............  TIAS 8605 Art 12......      1401
  Definitions......................  TIAS 8605 Art 1.......      1397
African Development Fund Articles
 of Agreement--Continued
  Depositories.....................  TIAS 8605 Art 33......      1410
  Entry into force.................  TIAS 8605 Art 56......      1417
  Financing conditions.............  TIAS 8605 Art 15......      1402
  Financing forms and terms........  TIAS 8605 Art 16......      1403
  Freedom of assets from             TIAS 8605 Art 46......      1414
   restriction.
  Fund organization................  TIAS 8605 Art 22......      1405
  Immunity
    Archives.......................  TIAS 8605 Art 45......      1414
    Assets.........................  TIAS 8605 Art 44......      1414
    Exemptions and privileges......  TIAS 8605 Art 41......      1413
                                     TIAS 8605 Art 48......      1414
  Inaugural meeting................  TIAS 8605 Art 60......      1418
  Initial subscriptions............  TIAS 8605 Art 6.......      1399
                                     TIAS 8605 Schedule A..      1419
  Interpretation...................  TIAS 8605 Art 52......      1416
  Legal process....................  TIAS 8605 Art 43......      1413
  Liability limitation.............  TIAS 8605 Art 10......      1401
  Maintenance of value of currency   TIAS 8605 Art 13......      1402
   holdings.
  Net income allocation............  TIAS 8605 Art 36......      1410
  Notification.....................  TIAS 8605 Art 59......      1418
  Office of the Fund...............  TIAS 8605 Art 32......      1410
  Operations.......................  TIAS 8605 Art 20......      1405
  Original participants............  TIAS 8605 Schedule A..      1419
  Participation....................  TIAS 8605 Art 3.......      1398
                                     TIAS 8605 Art 57......      1417
  Political activity prohibition...  TIAS 8605 Art 21......      1405
  President........................  TIAS 8605 Art 30......      1409
  Purpose..........................  TIAS 8605 Art 2.......      1398
  Ratification, acceptance or        TIAS 8605 Art 55......      1417
   approval.
  Relationship to the Bank.........  TIAS 8605 Art 31......      1410
  Reports..........................  TIAS 8605 Art 35......      1410
  Reservations.....................  TIAS 8605 Art 58......      1417
  Resources........................  TIAS 8605 Art 4.......      1398
                                     TIAS 8605 Art 8.......      1400
                                     TIAS 8605 Art 14......      1402
  Review and evaluation............  TIAS 8605 Art 17......      1404
  Rights and duties of States        TIAS 8605 Art 39......      1411
   ceasing to be participants.
  Signature........................  TIAS 8605 Art 54......      1417
  Status...........................  TIAS 8605 Art 42......      1413
  Subscriptions by the Bank........  TIAS 8605 Art 5.......      1399
  Subscriptions payment............  TIAS 8605 Art 9.......      1400
  Suspension of participant........  TIAS 8605 Art 38......      1411
  Taxation exemption...............  TIAS 8605 Art 49......      1415
  Technical assistance.............  TIAS 8605 Art 19......      1405
  Termination of operations and      TIAS 8605 Art 40......      1412
   settlement of obligations.
  Voting...........................  TIAS 8605 Art 29......      1408
  Waiver by the Fund...............  TIAS 8605 Art 50......      1415
  Withdrawal by participants.......  TIAS 8605 Art 37......      1411
Agricultural commodities
  Food Aid Convention, 1999........  ......................        47
  Free Trade Agreement between       ......................      1806
   United States and Chile.
    Export subsidies...............  Art 3.16..............      1806
    Marketing and grading standards  Art 3.17..............      1807
    Safeguard measures.............  Art 3.18..............      1807
  Grains Trade Convention, 1995....  ......................        30
Agricultural Development,
 International Fund for. See
 International Fund for
 Agricultural Development
Air Navigation Commission
  Budget...........................  TIAS 1591 Art 61......      2271
  Duties...........................  TIAS 1591 Art 57......      2270
  Expenses of delegations..........  TIAS 1591 Art 63......      2271
Air Navigation Commission--
 Continued
  Immunities and privileges of       TIAS 1591 Art 60......      2271
   personnel.
  International character of         TIAS 1591 Art 59......      2271
   personnel.
  Nomination and appointment.......  TIAS 1591 Art 56......      2270
  Personnel appointment............  TIAS 1591 Art 58......      2270
  Suspension of voting power.......  TIAS 1591 Art 62......      2271
Air pollution. See Montreal
 Protocol
Aircraft. See Aviation
Algeria
  Algerian Declaration.............  ......................      1520
  U.S.-Iran claims settlement......  ......................      1525
Algerian Declaration...............  ......................      1520
  Disputes settlement..............   Point IV.............      1524
  General principles...............  ......................      1520
  Non-intervention in Iranian         Point I..............      1520
   affairs.
  Return of assets of family of the   Point IV.............      1523
   former Shah.
  Return of Iranian assets.........   Point II.............      1521
  Settlement of U.S. claims........   Point III............      1521
Aliens
  Control of persons leaving or       Pres Proc 3004.......       150
   entering the United States.
Alliance for Progress
  Objectives.......................   Title I..............       576
Antarctic Treaty...................  12 UST 794............       481
  Applicable area..................  12 UST 794 Art VI.....       482
  Appropriate effort...............  12 UST 794 Art X......       484
  Authentic texts..................  12 UST 794 Art XIV....       486
  Consultation and information       12 UST 794 Art IX.....       484
   exchange.
  Designated observers.............  12 UST 794 Art VIII...       483
  Disputes settlement..............  12 UST 794 Art XI.....       485
  Freedom of scientific              12 UST 794 Art II.....       481
   investigation.
  Inspections......................  12 UST 794 Art VII....       483
  International cooperation........  12 UST 794 Art III....       482
  Modifications or amendments......  12 UST 794 Art XII....       485
  Prohibitions.....................  12 UST 794 Art I......       481
                                     12 UST 794 Art V......       482
  Ratification.....................  12 UST 794 Art XIII...       486
  Rights of parties................  12 UST 794 Art IV.....       482
Anti-Ballistic Missile Systems. See
 ABM Treaty; Limitation of Anti-
 Ballistic Missile Systems
Antidumping duties
  Bilateral Free Trade Agreement     Art 8.8...............      1839
   between United States and Chile.
  General Agreement on Tariffs and   TIAS 1700 Art VI......      1538
   Trade, 1947.
  General Agreement on Tariffs and
   Trade, 1994, Article VI
    Action on behalf of a third      Art 14................      1616
     country.
    Committee on Anti Dumping        Art 16................      1616
     Practices.
    Duration and review of.........  Art 11................      1614
    Imposition and collection......  Art 9.................      1611
ANZUS Pact.........................  3 UST 3420............       737
  Armed attacks....................  3 UST 3420 Art IV.....       738
                                     3 UST 3420 Art V......       738
  Authentic texts..................  3 UST 3420 Art XI.....       739
  Capacity to resist armed attack..  3 UST 3420 Art II.....       738
  Consultations....................  3 UST 3420 Art III....       738
                                     3 UST 3420 Art VIII...       738
  Council establishment............  3 UST 3420 Art VII....       738
  Duration.........................  3 UST 3420 Art X......       739
  International disputes settlement  3 UST 3420 Art I......       737
  Ratification.....................  3 UST 3420 Art IX.....       739
  Rights and obligations of Parties  3 UST 3420 Art VI.....       738
Argentina. See Antarctic Treaty
Armed conflict
  Child rights.....................  ......................      1067
    Age requirements...............  Art 2.................      1068
    Amendments proposal............  Art 12................      1071
    Armed groups...................  Art 4.................      1069
    Authentic texts................  Art 13................      1072
    Cooperation....................  Art 7.................      1070
    Denunciation...................  Art 11................      1071
    Entry into force...............  Art 10................      1071
    Feasible measures..............  Art 1.................      1068
    Necessary measures.............  Art 6.................      1070
    Provisions of the law..........  Art 5.................      1069
    Report.........................  Art 8.................      1070
    Signature......................  Art 9.................      1070
    Voluntary recruitment age......  Art 3.................      1069
Arms control
  ABM Treaty.......................  23 UST 3435...........       342
  ABM Treaty Protocol..............  27 UST 1645...........       346
  Antarctic Treaty.................  12 UST 794............       481
  Biological Weapons Convention....  26 UST 583............       420
  Chemical Weapons Convention......  Treaty Doc 103-21.....       425
  Conventional Armed Forces in       Treaty Doc 102-8......       458
   Europe Treaty.
  Conventional weapons.............  Treaty Doc 103-25.....       524
  Geneva Protocol..................  26 UST 571............       418
    Ratification...................  26 UST 571............       419
  INF Treaty.......................  1657 UNTS 2...........       349
  Limitation of Anti-Ballistic       23 UST 3456...........       329
   Missile Systems.
  Limitation of strategic offensive  23 UST 3462...........       323
   arms.
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
  Military use of environmental      31 UST 333............       407
   modification.
  Non-proliferation of nuclear       21 UST 483............       412
   weapons.
  Prohibition of nuclear weapons in  22 UST 762............       487
   Latin America.
  Prohibition of Nuclear Weapons in  33 UST 1796...........       504
   Latin America, Protocol I.
  Prohibition of Nuclear Weapons in  22 UST 754............       501
   Latin America, Protocol II.
  Seabed Arms Control Treaty.......  23 UST 701............       402
  Standing Consultative Commission
    Establishment of...............  24 UST 238............       338
    Protocol.......................  24 UST 1124...........       340
    Regulations....................  24 UST 1124...........       340
  Threshold Test Ban Treaty........  ......................       210
  Underground nuclear explosions     1714 UNTS 387.........       288
   for peaceful purposes.
  U.S.-Russia Bilateral Arms
   Control Agreements
    Strategic Offensive Reductions.  ......................       522
    Umbrella Agreement.............  ......................       518
  U.S.-U.S.S.R. Bilateral Arms       ......................       506
   Control Agreements.
Asia
  SEATO............................  6 UST 81..............       744
  U.S.-Japan Security Treaty.......  11 UST 1632...........       748
  U.S.-Korea Defense Treaty........  5 UST 2368............       742
  U.S.-Philippines Defense Treaty..  3 UST 3947............       740
Asian Development Bank, Articles of  TIAS 6103.............      1364
 Agreement
  Accounts settlement..............  TIAS 6103 Art 43......      1384
  Amendments proposal..............  TIAS 6103 Art 59......      1389
  Approval deemed given............  TIAS 6103 Art 62......      1390
  Arbitration......................  TIAS 6103 Art 61......      1389
  Assets distribution..............  TIAS 6103 Art 47......      1386
  Authorized capital...............  TIAS 6103 Art 4.......      1366
Asian Development Bank, Articles of
 Agreement--Continued
  Board of Directors...............  TIAS 6103 Annex B.....      1393
                                     TIAS 6103 Art 30......      1380
                                     TIAS 6103 Art 31......      1380
                                     TIAS 6103 Art 32......      1381
  Board of Governors...............  TIAS 6103 Art 27......      1378
                                     TIAS 6103 Art 28......      1379
                                     TIAS 6103 Art 29......      1379
  Claims payment...................  TIAS 6103 Art 46......      1386
  Commission and fees..............  TIAS 6103 Art 16......      1373
  Communications...................  TIAS 6103 Art 38......      1383
                                     TIAS 6103 Art 54......      1387
  Convertibility determination.....  TIAS 6103 Art 23......      1376
  Currencies for direct loans......  TIAS 6103 Art 13......      1370
  Currencies use...................  TIAS 6103 Art 24......      1376
  Entry into force.................  TIAS 6103 Art 65......      1390
  Freedom of assets from             TIAS 6103 Art 53......      1387
   restrictions.
  Functions........................  TIAS 6103 Art 2.......      1365
  Immunity
    Archives.......................  TIAS 6103 Art 52......      1387
    Assets.........................  TIAS 6103 Art 51......      1387
    Judicial proceedings...........  TIAS 6103 Art 50......      1387
    Privileges.....................  TIAS 6103 Art 55......      1387
    Waivers of immunities,           TIAS 6103 Art 58......      1389
     exemptions and privileges.
  Implementation...................  TIAS 6103 Art 57......      1388
  Interpretation or application....  TIAS 6103 Art 60......      1389
  Legal status.....................  TIAS 6103 Art 49......      1386
  Liability of members.............  TIAS 6103 Art 46......      1386
  Maintenance of value of currency   TIAS 6103 Art 25......      1378
   holdings.
  Meeting liabilities of the Bank..  TIAS 6103 Art 18......      1373
  Membership.......................  TIAS 6103 Art 3.......      1365
    Suspension of..................  TIAS 6103 Art 42......      1384
  Net income allocation............  TIAS 6103 Art 40......      1383
  Notice to be placed on securities  TIAS 6103 Art 22......      1376
  Office location..................  TIAS 6103 Art 37......      1383
  Operations
    Commencement...................  TIAS 6103 Art 66......      1391
    Limitations....................  TIAS 6103 Art 12......      1370
    Ordinary and special...........  TIAS 6103 Art 9.......      1369
    Principles of..................  TIAS 6103 Art 14......      1371
    Separation.....................  TIAS 6103 Art 10......      1369
    Temporary suspension...........  TIAS 6103 Art 44......      1385
    Termination....................  TIAS 6103 Art 45......      1385
  Ordinary capital resources.......  TIAS 6103 Art 7.......      1368
  Political activity prohibition...  TIAS 6103 Art 36......      1382
  Powers...........................  TIAS 6103 Art 21......      1375
  President........................  TIAS 6103 Art 34......      1381
  Purpose..........................  TIAS 6103 Art 1.......      1364
  Ratification or acceptance.......  TIAS 6103 Art 64......      1390
  Recipients and methods of          TIAS 6103 Art 11......      1369
   operation.
  Reports..........................  TIAS 6103 Art 39......      1383
  Resources use....................  TIAS 6103 Art 8.......      1369
  Signature and deposit............  TIAS 6103 Art 63......      1390
  Special Funds....................  TIAS 6103 Art 19......      1374
                                     TIAS 6103 Art 20......      1375
  Special reserve..................  TIAS 6103 Art 17......      1373
  Status, immunities, exemptions     TIAS 6103 Art 48......      1386
   and privileges.
  Structure........................  TIAS 6103 Art 26......      1378
  Subscription of shares...........  TIAS 6103 Art 5.......      1366
  Subscriptions payment............  TIAS 6103 Art 6.......      1367
  Subscriptions to authorized        TIAS 6103 Annex A.....      1391
   capital stock.
  Taxation exemption...............  TIAS 6103 Art 56......      1388
  Terms and conditions for direct    TIAS 6103 Art 15......      1372
   loans and guarantees.
Asian Development Bank, Articles of
 Agreement--Continued
  Vice-Presidents..................  TIAS 6103 Art 35......      1382
  Voting...........................  TIAS 6103 Art 33......      1381
  Withdrawal.......................  TIAS 6103 Art 41......      1384
Astronaut Assistance Agreement.....  TIAS 6599.............      2320
  Amendments proposal..............  TIAS 6599 Art 8.......      2322
  Authentic texts..................  TIAS 6599 Art 10......      2323
  Definitions......................  TIAS 6599 Art 6.......      2322
  Jurisdiction.....................  TIAS 6599 Art 2.......      2321
  Notifications....................  TIAS 6599 Art 1.......      2320
                                     TIAS 6599 Art 5.......      2321
  Return of personnel..............  TIAS 6599 Art 4.......      2321
  Search and rescue operations.....  TIAS 6599 Art 3.......      2321
  Signature........................  TIAS 6599 Art 7.......      2322
  Withdrawal.......................  TIAS 6599 Art 9.......      2323
Australia
  Antarctic Treaty.................  12 UST 794............       481
  ANZUS Pact.......................  3 UST 3420............       737
Aviation
  International carriage by air....  ......................      2296
  International Civil Aviation.....  TIAS 1591.............      2255
  Seizure of aircraft..............  TIAS 7192.............      2285
  Suppression of acts against civil  TIAS 7570.............      2290
   aviation safety.
 
 
                                    B
 
Banks. See Financial institutions
Barro Colorado Native Monument
  Custodianship by the Smithsonian   ......................       710
   Tropical Research Institute.
Beirut Agreement of 1949
  Circulation of materials.........  17 UST 1578...........       178
    Acceptance.....................  17 UST 1578 Art X.....       181
    Accession......................  17 UST 1578 Art XI....       181
    Agreements.....................  17 UST 1578 Art XV....       183
    Application....................  17 UST 1578 Art I.....       178
    Authentic texts................  17 UST 1578 Art XVI...       183
    Censoring or prohibiting         17 UST 1578 Art V.....       180
     materials.
    Certificate requirements.......  17 UST 1578 Art IV....       179
    Certification and decision       17 UST 1578 Art VI....       180
     information.
    Customs duties exemptions......  17 UST 1578 Art III...       179
    Denunciation...................  17 UST 1578 Art XIII..       182
    Disputes settlement............  17 UST 1578 Art IX....       181
    Entry into force...............  17 UST 1578 Art XII...       181
    Execution of provisions........  17 UST 1578 Art VIII..       181
    Obligations....................  17 UST 1578 Art XIV...       182
    Restrictions...................  17 UST 1578 Art VII...       180
    Types of materials.............  17 UST 1578 Art II....       178
Belgium
  Antarctic Treaty.................  12 UST 794............       481
  General Agreement on Tariffs and
   Trade, 1947.
    List of territories of the       TIAS 1700 Annex C.....      1578
     Customs Union.
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       392
Belize. See U.S.-Belize Stolen
 Vehicles Extradition Treaty
Berne Convention
  World Intellectual Property        Art 1.................      1704
   Organization Copyright Treaty.
Bilateral Free Trade Agreement       ......................      1796
 between United States and Chile.
  Accessories, spare parts and       Art 4.4...............      1819
   tools.
Bilateral Free Trade Agreement
 between United States and Chile--
 Continued
  Accumulation.....................  Art 4.6...............      1819
  Administrative fees and            Art 3.12..............      1805
   formalities.
  Administrative proceedings.......  Art 20.4..............      1938
  Advance rulings on customs         Art 5.10..............      1830
   matters.
  Affirmation of Agreement on        Art 7.2...............      1833
   Technical Barriers to Trade.
  Agriculture
    Export subsidies...............  Art 3.16..............      1806
    Marketing and grading..........  Art 3.17..............      1807
    Safeguards.....................  Art 3.18..............      1807
  Alternative dispute resolution...  Art 22.21.............      1949
  Amendments proposal..............  Art 24.2..............      1952
  Annexes, appendices and footnotes  Art 24.1..............      1952
  Annexes, interpretation of.......  Art 10.22.............      1864
  Anticompetitive business conduct.  Art 16.1..............      1901
  Antidumping and countervailing     Art 8.8...............      1839
   duties.
  Arbitration
    Arbitrators, selection of......  Art 10.18.............      1860
    Claim..........................  Art 10.15.............      1858
    Conduct........................  Art 10.19.............      1861
    Consent........................  Art 10.16.............      1859
                                     Art 10.17.............      1860
    Panel..........................  Art 22.6..............      1942
    Transparency...................  Art 10.20.............      1863
  Awarding of contracts............  Art 9.10..............      1845
  Awards...........................  Art 10.25.............      1866
    Information on.................  Art 9.11..............      1845
  Bilateral emergency actions for    Art 3.19..............      1809
   textiles and apparel.
  Certificates of origin...........  Art 4.13..............      1822
  Choice of forum for dispute        Art 22.3..............      1940
   settlements.
  Claims of origin.................  Art 4.12..............      1821
  Committee on Procurement.........  Art 9.18..............      1848
  Committee on Sanitary and          Art 6.3...............      1831
   Phytosanitary Matters.
  Committee on Technical Barriers    Art 7.8...............      1835
   to Trade.
  Committee on Temporary Entry.....  Art 14.5..............      1897
  Committee on Trade in Goods......  Art 3.23..............      1814
  Common guidelines................  Art 4.17..............      1824
  Compensation related to safeguard  Art 8.5...............      1838
   measures.
  Competition policies.............  Art 16.2..............      1902
                                     Art 16.7..............      1904
                                     Art 16.9..............      1904
  Confidentiality..................  Art 5.6...............      1829
  Conformity assessment............  Art 7.6...............      1834
  Consolidation....................  Art 10.24.............      1865
  Consultations....................  Art 12.16.............      1882
  Cooperation with Parties customs   Art 5.5...............      1828
   laws.
  Copyright........................  Art 17.5..............      1911
  Corporate stewardship principles.  Art 19.10.............      1936
  Cross-border trade...............  Art 11.1..............      1870
                                     Art 11.2..............      1871
                                     Art 11.10.............      1874
                                     Art 11.12.............      1874
                                     Art 12.5..............      1877
  Customs
    Automation.....................  Art 5.3...............      1827
    Cooperation for textiles and     Art 3.21..............      1812
     apparel.
    Digital products duties........  Art 15.3..............      1900
    Risk assessment................  Art 5.4...............      1828
    Rulings........................  Art 5.11..............      1831
    Valuation of carrier media.....  Art 3.5...............      1801
    Waiver of duties...............  Art 3.6...............      1801
  De minimis rule..................  Art 4.7...............      1819
Bilateral Free Trade Agreement
 between United States and Chile--
 Continued
  Denial of benefits...............  Art 10.11.............      1857
                                     Art 11.11.............      1874
  Designated monopolies............  Art 16.3..............      1902
  Disclosure of information........  Art 23.5..............      1952
  Dispute Settlement
    Commission.....................  Art 22.5..............      1941
    General........................  Art 10.14.............      1858
                                     Art 16.8..............      1904
                                     Art 21.2..............      1940
                                     Art 22.1..............      1940
                                     Art 22.2..............      1940
                                     Art 22.4..............      1941
                                     Art 22.7..............      1942
                                     Art 22.8..............      1943
                                     Art 22.9..............      1943
                                     Art 22.10.............      1943
                                     Art 22.15.............      1945
    Reports........................  Art 22.12.............      1944
                                     Art 22.13.............      1945
                                     Art 22.14.............      1945
    Reviews........................  Art 22.17.............      1948
                                     Art 22.18.............      1948
  Distinctive products.............  Art 3.15..............      1806
  Documents, service of............  Art 10.26.............      1868
  Domain names on the Internet.....  Art 17.3..............      1909
  Domestic regulation..............  Art 11.8..............      1873
  Domestic review of supplier        Art 9.13..............      1846
   challenges.
  Drawback and duty deferral         Art 3.8...............      1802
   programs.
  Duty-free entry of commercial      Art 3.10..............      1804
   samples.
  Electronic commerce..............  Art 15.1..............      1899
                                     Art 15.5..............      1901
                                     Art 15.6..............      1901
  Electronic supply of services....  Art 15.2..............      1900
  Encrypted program-carrying         Art 17.8..............      1918
   satellite signal protection.
  Environment roster...............  Art 19.7..............      1935
  Environmental Affairs Council....  Art 19.3..............      1933
  Environmental protection.........  Art 19.1..............      1932
                                     Art 19.2..............      1932
                                     Art 19.5..............      1934
                                     Art 19.6..............      1934
                                     Art 19.8..............      1935
                                     Art 19.9..............      1936
                                     Art 19.11.............      1937
  Essential security...............  Art 23.2..............      1950
  Exceptions.......................  Art 23.1..............      1949
  Expert reports...................  Art 10.23.............      1865
  Experts and technical advice.....  Art 22.11.............      1944
  Export taxes.....................  Art 3.13..............      1806
  Express shipments................  Art 5.7...............      1829
  Expropriation and compensation...  Art 10.9..............      1856
  Extent of obligations............  Art 1.4...............      1797
  Financial services...............  Art 12.1..............      1875
                                     Art 12.2..............      1876
                                     Art 12.10.............      1879
                                     Art 12.17.............      1882
                                     Art 12.19.............      1883
  Financial Services Committee.....  Art 12.15.............      1881
  Forbearance......................  Art 13.15.............      1894
  Free trade area..................  Art 1.1...............      1797
  Free Trade Commission............  Art 21.1..............      1939
  Fungible goods and materials.....  Art 4.5...............      1819
  General application definitions..  Art 2.1...............      1797
  Geographical indications.........  Art 17.4..............      1909
Bilateral Free Trade Agreement
 between United States and Chile--
 Continued
  Global actions related to          Art 8.6...............      1838
   safeguard measures.
  Goods re-entered after repair or   Art 3.9...............      1804
   alteration.
  Governing law....................  Art 10.21.............      1864
  Government procurement...........  Art 9.1...............      1840
                                     Art 9.2...............      1840
                                     Art 9.16..............      1848
                                     Art 9.19..............      1849
                                     Art 9.20..............      1849
  Grant of temporary entry.........  Art 14.3..............      1897
  Implementation related to          Art 10.13.............      1857
   investment.
  Import and export restrictions...  Art 3.11..............      1805
  Indirect materials used in         Art 4.8...............      1821
   production.
  Information
    Exchange.......................  Art 7.9...............      1836
    Non-disclosure.................  Art 9.15..............      1847
    Public.........................  Art 9.17..............      1848
    Special formalities and          Art 10.10.............      1856
     information requirements.
    Treatment......................  Art 12.7..............      1878
  Institutional provisions           Art 3.24..............      1815
   definitions.
  Insurance services, expedited      Art 12.14.............      1881
   availability of.
  Intellectual property rights.....  Art 17.1..............      1905
                                     Art 17.6..............      1911
                                     Art 17.11.............      1920
                                     Art 17.12.............      1928
                                      Chap 17..............      1904
  International standards..........  Art 7.3...............      1833
  Investigation procedures and       Art 8.3...............      1838
   transparency requirements.
  Investment and environment.......  Art 10.12.............      1857
  Investment disputes in financial   Art 12.18.............      1883
   services.
  Investment national treatment....  Art 3.2...............      1799
                                     Art 10.2..............      1850
  Investment scope and coverage....  Art 10.1..............      1850
  Investor-State dispute settlement  Art 10.27.............      1868
   definitions.
  Labor Affairs Council............  Art 18.4..............      1929
  Labor cooperation mechanism......  Art 18.5..............      1930
  Labor cooperative consultations..  Art 18.6..............      1930
  Labor definitions................  Art 18.8..............      1931
  Labor law enforcement............  Art 18.2..............      1928
  Labor roster.....................  Art 18.7..............      1931
  Labor statement of shared          Art 18.1..............      1928
   commitment.
  Local presence...................  Art 11.5..............      1872
  Luxury tax.......................  Art 3.14..............      1806
  Market access....................  Art 11.4..............      1871
                                     Art 12.4..............      1877
  Minimum standard of treatment....  Art 10.4..............      1851
  Modifications and rectifications.  Art 9.14..............      1847
  Most-favored-nation treatment....  Art 10.3..............      1851
                                     Art 11.3..............      1871
                                     Art 12.3..............      1876
  Mutual recognition...............  Art 11.9..............      1873
  National treatment scope and       Art 3.1...............      1799
   coverage.
  New financial services...........  Art 12.6..............      1877
  Non-conforming measures..........  Art 10.7..............      1854
                                     Art 11.6..............      1872
                                     Art 12.9..............      1878
  Non-discrimination for digital     Art 15.4..............      1900
   products.
  Non-implementation in certain      Art 22.16.............      1947
   disputes.
  Notification and provision of      Art 20.3..............      1938
   information.
  Objectives.......................  Art 1.2...............      1797
Bilateral Free Trade Agreement
 between United States and Chile--
 Continued
  Obligations common to copyright    Art 17.7..............      1913
   and related rights.
  Obligations relating to            Art 4.15..............      1823
   exportations.
  Obligations relating to            Art 4.14..............      1823
   importations.
  Origin procedures definitions....  Art 4.18..............      1824
  Originating goods................  Art 4.1...............      1817
  Packaging materials and            Art 4.9...............      1821
   containers.
                                     Art 4.10..............      1821
  Participation....................  Art 9.8...............      1843
  Patents..........................  Art 17.9..............      1918
  Payment and clearing systems.....  Art 12.13.............      1881
  Penalties........................  Art 5.9...............      1830
  Performance requirements.........  Art 10.5..............      1852
  Pricing differences..............  Art 16.5..............      1903
  Private rights...................  Art 22.20.............      1949
  Procedural guarantees and public   Art 18.3..............      1929
   awareness.
  Procurement, information on        Art 9.6...............      1842
   intended.
  Procurement practices integrity..  Art 9.12..............      1846
  Public participation in            Art 19.4..............      1933
   environmental organizations.
  Publication of customs laws and    Art 5.1...............      1827
   regulations.
  Publication of notice of intended  Art 9.4...............      1841
   procurement.
  Publication of procurement         Art 9.3...............      1841
   measures.
  Referral of matters from judicial  Art 22.19.............      1949
   or administrative proceedings.
  Regional value content...........  Art 4.2...............      1817
  Regulated products measures......  Art 17.10.............      1919
  Relation to other agreements.....  Art 1.3...............      1797
  Release of goods.................  Art 5.2...............      1827
  Review and appeal................  Art 5.8...............      1830
                                     Art 20.5..............      1938
  Rules of origin for textiles and   Art 3.20..............      1810
   apparel.
  Safeguard measures...............  Art 8.1...............      1836
                                     Art 8.2...............      1837
                                     Art 8.7...............      1839
    Notification...................  Art 8.4...............      1838
  Sanitary and phytosanitary         Art 6.1...............      1831
   measures.
                                     Art 6.2...............      1831
                                     Art 6.4...............      1832
  Scope............................  Art 3.1...............      1799
  Self-regulatory organizations....  Art 12.12.............      1881
  Senior management and Boards of    Art 10.6..............      1854
   Directors.
                                     Art 12.8..............      1878
  State enterprises................  Art 16.4..............      1903
  Submarine cable systems..........  Art 13.5..............      1891
  Supplying information services...  Art 13.6..............      1891
  Tariff elimination...............  Art 3.3...............      1800
  Taxation exceptions..............  Art 23.3..............      1950
  Taxation measures definitions....  Art 23.6..............      1952
  Technical barriers to trade......  Art 7.1...............      1833
                                     Art 7.10..............      1836
  Technical regulations............  Art 7.5...............      1833
  Technical specifications.........  Art 9.7...............      1842
  Telecommunications...............  Art 13.1..............      1886
                                     Art 13.3..............      1888
                                     Art 13.9..............      1892
                                     Art 13.14.............      1894
                                     Art 13.17.............      1894
    Allocation and use of scarce     Art 13.10.............      1892
     resources.
    Domestic.......................  Art 13.12.............      1893
    Enforcement of measures........  Art 13.11.............      1893
Bilateral Free Trade Agreement
 between United States and Chile--
 Continued
  Telecommunications--Continued
    Independent regulatory bodies..  Art 13.7..............      1892
    Public networks and services     Art 13.2..............      1887
     access.
    Public services conduct of       Art 13.4..............      1888
     major suppliers.
  Temporary admission of goods.....  Art 3.7...............      1801
  Temporary entry..................  Art 14.1..............      1896
                                     Art 14.2..............      1896
                                     Art 14.6..............      1898
                                     Art 14.9..............      1899
                                     Art 14.4..............      1897
  Tendering procedures.............  Art 9.9...............      1844
  Textile and apparel goods          Art 3.22..............      1814
   definitions.
  Time limits for the tendering      Art 9.5...............      1841
   process.
  Trade facilitation...............  Art 7.4...............      1833
  Trade in goods balance of          Art 23.4..............      1952
   payments.
  Trademarks.......................  Art 17.2..............      1907
  Transfers........................  Art 10.8..............      1855
  Transit and transshipment........  Art 4.11..............      1821
  Transparency.....................  Art 7.7...............      1835
                                     Art 11.7..............      1872
                                     Art 12.11.............      1880
                                     Art 13.13.............      1893
                                     Art 14.8..............      1898
                                     Art 20.6..............      1939
    Contact points.................  Art 20.1..............      1937
    Information requests...........  Art 16.6..............      1903
    Rulings publications...........  Art 20.2..............      1937
  Universal service................  Art 13.8..............      1892
  Used goods.......................  Art 3.4...............      1800
  Value of materials...............  Art 4.3...............      1817
  Verification of origin...........  Art 4.16..............      1824
Bilateral Free Trade Agreements
  List of countries with which       ......................      1795
   United States has an agreement.
  U.S.-Chile Agreement.............  ......................      1796
Bilateral Investment Treaties
  List of countries with which       ......................      1730
   United States has a treaty.
  U.S.-Jordan Treaty...............  ......................      1731
    Aliens.........................  Art VII...............      1736
    Application....................  Art XV................      1740
    Compensation for damages due to  Art IV................      1734
     war.
    Consultations..................  Art VIII..............      1736
    Definitions....................  Art I.................      1731
    Denial of benefits.............  Art XII...............      1739
    Disputes settlement............  Art IX................      1736
                                     Art X.................      1738
    Entry into force, duration and   Art XVI...............      1740
     termination.
    Exceptions.....................  Annex.................      1741
    Expropriation and compensation.  Art III...............      1733
    Investment, treatment and        Art II................      1733
     protection of.
    Legal rights preservation......  Art XI................      1738
    Measures not precluded.........  Art XIV...............      1739
    Performance requirements.......  Art VI................      1735
    Protocol.......................  ......................      1742
    Taxation.......................  Art XIII..............      1739
    Transfers......................  Art V.................      1735
Biological weapons
  Geneva Protocol..................  26 UST 571............       418
    Ratification...................  26 UST 571............       419
Biological Weapons Convention......  26 UST 583............       420
Biological Weapons Convention--
 Continued
  Agents
    Destruction of agents, weapons   26 UST 583 Art II.....       421
     and equipment.
    Development, production,         26 UST 583 Art IV.....       421
     stockpiling or acquisition of
     agents, weapons and equipment
     prohibition.
    Transfer of agents, weapons and  26 UST 583 Art III....       421
     equipment prohibition.
    Use of biological agents and     26 UST 583 Art X......       422
     toxins for peaceful purposes.
  Agreements.......................  26 UST 583 Art I......       421
  Amendments proposal..............  26 UST 583 Art XI.....       423
  Assistance provision.............  26 UST 583 Art VII....       422
  Authentic texts..................  26 UST 583 Art XV.....       424
  Breach of obligations............  26 UST 583 Art VI.....       422
  Conference.......................  26 UST 583 Art XII....       423
  Consultation and cooperation.....  26 UST 583 Art V......       422
  Duration.........................  26 UST 583 Art XIII...       423
  Negotiations.....................  26 UST 583 Art IX.....       422
  Obligations......................  26 UST 583 Art VIII...       422
  Signature, ratification and entry  26 UST 583 Art XIV....       423
   into force.
Border Environment Cooperation
 Commission
  Agreement Between the United       TIAS 12516............      1477
   States and the United Mexican
   States.
    Amendment proposal.............  TIAS 12516 Chap IV Art      1501
                                      II.
    Archives, inviolability of.....  TIAS 12516 Art IV Sec       1483
                                      5.
    Assistance requests............  TIAS 12516 Art II Sec       1479
                                      2.
    Board of Directors.............  TIAS 12516 Chap III         1499
                                      Art I.
                                     TIAS 12516 Chap III         1499
                                      Art II.
                                     TIAS 12516 Chap III         1500
                                      Art V.
    Certification applications.....  TIAS 12516 Art II Sec       1479
                                      3.
    Chairperson....................  TIAS 12516 Chap III         1499
                                      Art III.
    Commission structure...........  TIAS 12516 Art III Sec      1481
                                      2.
    Committees.....................  TIAS 12516 Art VII Sec      1500
                                      3.
    Communications.................  TIAS 12516 Art III Sec      1482
                                      6.
                                     TIAS 12516 Art IV Sec       1483
                                      7.
    Compensation...................  TIAS 12516 Art VII Sec      1500
                                      2.
    Consultation...................  TIAS 12516 Art III Sec      1501
                                      2.
    Definitions....................  TIAS 12516 Chap V Art       1501
                                      II.
    Disclosure limitations.........  TIAS 12516 Art III Sec      1482
                                      8.
    Entry into force...............  TIAS 12516 Chap IV Art      1501
                                      I.
    Freedom of assets from           TIAS 12516 Art IV Sec       1483
     restrictions.                    6.
    Functions......................  TIAS 12516 Art I Sec 2      1478
    Funding........................  TIAS 12516 Art III Sec      1482
                                      5.
    General Manager................  TIAS 12516 Art III Sec      1481
                                      3.
    Immunity of assets.............  TIAS 12516 Art IV Sec       1483
                                      4.
    Initial subscriptions to         TIAS 12516 Annex A....      1502
     authorized capital.
    International Boundary and       TIAS 12516 Art III Sec      1481
     Water Commission relation.       4.
    Interpretation.................  TIAS 12516 Art III Sec      1501
                                      1.
    Judicial proceedings...........  TIAS 12516 Art IV Sec       1483
                                      3.
    Legal status...................  TIAS 12516 Art IV Sec       1483
                                      2.
    Offices location...............  TIAS 12516 Art III Sec      1481
                                      1.
    Personal immunities and          TIAS 12516 Art IV Sec       1484
     privileges.                      8.
    Powers.........................  TIAS 12516 Chap III         1500
                                      Art IV.
    Purpose........................  TIAS 12516 Art I Sec 1      1478
    Reimbursement, fees and charges  TIAS 12516 Art II Sec       1480
                                      5.
    Relations to other agreements    TIAS 12516 Chap V Art       1501
     or arrangements.                 I.
    Relationship with the public...  TIAS 12516 Art II Sec       1480
                                      4.
    Reports........................  TIAS 12516 Art III Sec      1482
                                      7.
    Resources use..................  TIAS 12516 Art II Sec       1479
                                      1.
    Rules and conditions...........  TIAS 12516 Art VII Sec      1500
                                      1.
Border Environment Cooperation
 Commission--Continued
  Agreement Between the United
   States and the United Mexican
   States--Continued
    Status, immunities and           TIAS 12516 Art IV Sec       1483
     privileges.                      1.
    Taxation immunities............  TIAS 12516 Art IV Sec       1484
                                      9.
    Termination of operations......  TIAS 12516 Art V......      1484
    Voting.........................  TIAS 12516 Chap III         1500
                                      Art VI.
Bribery. See Convention on
 Combating Bribery of Foreign
 Public Officials in International
 Business Transactions
Broadcasting
  Panama Bureau of the United        ......................       704
   States Foreign Broadcast
   Information Service.
Bulgaria
  North Atlantic Treaty
    Bulgaria Protocol..............  Treaty Doc 108-4......       725
 
 
                                    C
 
Case-Zablocki Act
  International agreements,          11 FAM 726............        81
   transmission of.
CFE Treaty. See Conventional Armed
 Forces in Europe Treaty
Charter of Punta del Este..........  ......................       576
  Alliance for Progress objectives.  Title I...............       576
  Basic export commodities
    International cooperation         Title IV Sec II......       587
     measures.
    National measures..............   Title IV Sec I.......       586
  Economic and social development
    Basic requirements.............   Title II Chap I......       578
    External assistance in support    Title II Chap IV.....       581
     of national programs.
    Immediate and short-term action   Title II Chap III....       580
     measures.
    National development programs..   Title II Chap II.....       579
                                      Title II App.........       584
    Organization and procedures....   Title II Chap V......       582
  Economic integration of Latin      Title III.............       584
   America.
Charter of the Organization of
 American States. See Organization
 of American States
Chemical weapons
  Geneva Protocol..................  26 UST 571............       418
    Ratification...................  26 UST 571............       419
Chemical Weapons Convention........  Treaty Doc 103-21.....       425
  Access to chemical weapons.......  Treaty Doc 103-21 Art        431
                                      IV.
  Accession........................  Treaty Doc 103-21 Art        456
                                      XX.
  Activities not prohibited........  Treaty Doc 103-21 Art        435
                                      VI.
  Amendments proposal..............  Treaty Doc 103-21 Art        454
                                      XV.
  Annexes status...................  Treaty Doc 103-21 Art        456
                                      XVII.
  Assistance and protection against  Treaty Doc 103-21 Art        450
   chemical weapons.                  X.
  Authentic texts..................  Treaty Doc 103-21 Art        457
                                      XXIV.
  Compliance assurance.............  Treaty Doc 103-21 Art        452
                                      XII.
  Consultations....................  Treaty Doc 103-21 Art        446
                                      IX.
  Cooperation......................  Treaty Doc 103-21 Art        446
                                      IX.
  Criteria.........................  Treaty Doc 103-21 Art        426
                                      II.
  Declarations.....................  Treaty Doc 103-21 Art        429
                                      III.
  Definitions......................  Treaty Doc 103-21 Art        426
                                      II.
  Depositary.......................  Treaty Doc 103-21 Art        456
                                      XXIII.
  Destruction of chemical weapons..  Treaty Doc 103-21 Art        432
                                      IV.
  Disputes settlement..............  Treaty Doc 103-21 Art        453
                                      XIV.
  Duration.........................  Treaty Doc 103-21 Art        455
                                      XVI.
Chemical Weapons Convention--
 Continued
  Economic and technological         Treaty Doc 103-21 Art        452
   development.                       XI.
  Entry into force.................  Treaty Doc 103-21 Art        456
                                      XXI.
  Fact-finding.....................  Treaty Doc 103-21 Art        446
                                      IX.
  National implementation measures.  Treaty Doc 103-21 Art        437
                                      VII.
  Obligations......................  Treaty Doc 103-21 Art        426
                                      I.
  Organization for the Prohibition
   of Chemical Weapons.
    Conference of the States         Treaty Doc 103-21 Art        438
     Parties.                         VIII.
    Establishment..................  Treaty Doc 103-21 Art        438
                                      VIII.
    Executive Council..............  Treaty Doc 103-21 Art        441
                                      VIII.
    Privileges and immunities......  Treaty Doc 103-21 Art        445
                                      VIII.
    Technical Secretariat..........  Treaty Doc 103-21 Art        443
                                      VIII.
  Production facilities............  Treaty Doc 103-21 Art        433
                                      V.
  Ratification.....................  Treaty Doc 103-21 Art        432
                                      IV.
                                     Treaty Doc 103-21 Art        456
                                      XIX.
  Relation to other international    Treaty Doc 103-21 Art        453
   agreements.                        XIII.
  Reservations.....................  Treaty Doc 103-21 Art        456
                                      XXII.
  Sanctions........................  Treaty Doc 103-21 Art        452
                                      XII.
  Signature........................  Treaty Doc 103-21 Art        456
                                      XVIII.
  Withdrawal rights................  Treaty Doc 103-21 Art        455
                                      XVI.
Child Labour, ILO Convention
 Concerning. See ILO Convention
 Concerning Child Labour
Child rights
  Armed conflict...................  ......................      1067
    Age requirements...............  Art 2.................      1068
    Amendments proposal............  Art 12................      1071
    Armed groups...................  Art 4.................      1069
    Authentic texts................  Art 13................      1072
    Cooperation....................  Art 7.................      1070
    Denunciation...................  Art 11................      1071
    Entry into force...............  Art 10................      1071
    Feasible measures..............  Art 1.................      1068
    Necessary measures.............  Art 6.................      1070
    Provisions of the law..........  Art 5.................      1069
    Report.........................  Art 8.................      1070
    Signature......................  Art 9.................      1070
    Voluntary recruitment age......  Art 3.................      1069
  Child Labour, ILO Convention       ......................      1053
   Concerning.
  Sale of children, child            ......................      1073
   prostitution, and child
   pornography.
    Amendments proposal............  Art 16................      1080
    Assistance.....................  Art 6.................      1076
    Authentic texts................  Art 17................      1080
    Cooperation....................  Art 10................      1078
    Definitions....................  Art 2.................      1074
    Denunciation...................  Art 15................      1079
    Entry into force...............  Art 12................      1079
                                     Art 14................      1079
    Extradition....................  Art 5.................      1076
    Necessary measures.............  Art 4.................      1075
                                     Art 9.................      1078
    Offenses.......................  Art 3.................      1075
    Prohibitions...................  Art 1.................      1074
    Provisions of law..............  Art 11................      1078
    Seizures and confiscations.....  Art 7.................      1076
    Signature......................  Art 13................      1079
    Victim protection..............  Art 8.................      1077
Chile
  Antarctic Treaty.................  12 UST 794............       481
  Free Trade Agreement with United   ......................      1796
   States.
Chile--Continued
  General Agreement on Tariffs and
   Trade, 1947
    List of territories covered by   TIAS 1700 Annex E.....      1579
     arrangements with neighboring
     countries.
China. See U.S.-China trade
 relations
Circular 175
  Action required in negotiation,    11 FAM 724............        73
   conclusion and termination of
   treaties and agreements.
  Assistant Legal Adviser for        11 FAM 750............        92
   Treaty Affairs responsibilities.
  Authorities......................  11 FAM 712............        69
  Bilateral and multilateral         11 FAM 731............        82
   agreements.
  Conformity of texts..............  11 FAM 732............        84
  Disclaimer.......................  11 FAM 714............        70
  Disposition of final documents of  11 FAM 747............        90
   conference.
  Document preparation for           11 FAM 744............        88
   signature.
  Exchange of ratifications........  11 FAM 735............        85
  Exchange or exhibition of full     11 FAM 733............        84
   powers.
  Exercise of the international      11 FAM 723............        71
   agreement power.
  Full powers......................  11 FAM 745............        90
  Legal Adviser, Office of the.....  11 FAM 713............        69
  Multilateral treaties and          11 FAM 740............        86
   agreements.
  Negotiation and conclusion.......  11 FAM 721............        70
  Negotiation for multilateral       11 FAM 742............        86
   treaties and agreements.
  Objectives.......................  11 FAM 722............        70
  Official and working languages...  11 FAM 743............        88
  Procedure following signature....  11 FAM 748............        91
  Publication and Internet           11 FAM 727............        81
   availability.
  Purpose..........................  11 FAM 711............        69
  Responsibility of office or        11 FAM 725............        76
   officer conducting negotiations.
  Signature and sealing............  11 FAM 734............        85
                                     11 FAM 746............        90
  Transmission of international      11 FAM 726............        81
   agreements to Congress.
Civil and political rights. See
 International Covenant on Civil
 and Political Rights
Civil International Space Station..  ......................      2332
  Amendments proposal..............  Art 27................      2351
  Communications...................  Art 13................      2340
  Consultations....................  Art 23................      2350
  Cooperating agencies.............  Art 4.................      2336
  Cooperation review...............  Art 24................      2350
  Crew.............................  Art 11................      2339
  Criminal jurisdiction............  Art 22................      2349
  Cross-waiver of liability........  Art 16................      2342
  Customs and immigration..........  Art 18................      2345
  Definitions......................  Art 3.................      2335
  Detailed design and development..  Art 8.................      2338
  Elements to be provided by         Annex.................      2352
   partners.
  Entry into force.................  Art 25................      2350
  Evolution........................  Art 14................      2341
  Exchange of data and goods.......  Art 19................      2345
  Funding..........................  Art 15................      2342
  Intellectual property............  Art 21................      2348
  International rights and           Art 2.................      2335
   obligations.
  Liability convention.............  Art 17................      2345
  Management.......................  Art 7.................      2337
  Object and scope.................  Art 1.................      2334
  Operation........................  Art 10................      2339
  Operative effect.................  Art 26................      2351
Civil International Space Station--
 Continued
  Ownership of elements and          Art 6.................      2336
   equipment.
  Registration.....................  Art 5.................      2336
  Transportation...................  Art 12................      2340
  Treatment of data and goods in     Art 20................      2347
   transit.
  Utilization......................  Art 9.................      2338
  Withdrawal.......................  Art 28................      2351
Commodities. See Agricultural
 commodities
Community adjustment and investment
 grants
  Limitations......................  TIAS 12516 Art IV Sec       1491
                                      5.
  Making loans.....................  TIAS 12516 Art IV Sec       1491
                                      3.
  Operations.......................  TIAS 12516 Art IV Sec       1490
                                      1.
  Rules and conditions.............  TIAS 12516 Art IV Sec       1490
                                      2.
                                     TIAS 12516 Art IV Sec       1491
                                      4.
Connally Reservation
  International Court of Justice     TIAS 1598.............       823
   Statute.
Conservation. See Convention on
 Fishing and Conservation of Living
 Resources
Consular relations. See Diplomacy
Contiguous zone. See Convention on
 Territorial Sea and Contiguous
 Zone
Continental Shelf Convention. See
 Convention on Continental Shelf
Convention for the Prohibition of    1899 UNTS 3...........      1986
 Fishing with Long Driftnets.
  Amendments proposal..............  1899 UNTS 3 Art 12....      1990
  Certification and registration...  1899 UNTS 3 Art 14....      1990
  Conservation and management        1899 UNTS 3 Art 8.....      1989
   measures.
  Consultation.....................  1899 UNTS 3 Art 5.....      1988
  Definitions......................  1899 UNTS 3 Art 1.....      1986
  Enforcement......................  1899 UNTS 3 Art 4.....      1988
  Entry into force.................  1899 UNTS 3 Art 13....      1990
  Institutional arrangements.......  1899 UNTS 3 Art 6.....      1988
  Measures against driftnet fishing  1899 UNTS 3 Art 3.....      1987
   activities.
  Measures regarding nationals and   1899 UNTS 3 Art 2.....      1987
   vessels.
  Protocol.........................  1899 UNTS 3...........      1991
                                     1899 UNTS 3 Art 9.....      1989
  Reservations.....................  1899 UNTS 3 Art 11....      1990
  Review and consultation..........  1899 UNTS 3 Art 7.....      1989
  Signature, ratification and        1899 UNTS 3 Art 10....      1989
   accession.
Convention on Combating Bribery of   ......................       962
 Foreign Public Officials in
 International Business
 Transactions.
  Accounting.......................  Art 8.................       965
  Amendments proposal..............  Art 16................       967
  Enforcement......................  Art 5.................       964
  Entry into force.................  Art 15................       967
  Extradition......................  Art 10................       966
  Jurisdiction.....................  Art 4.................       964
  Money laundering.................  Art 7.................       965
  Monitoring and follow-up.........  Art 12................       966
  Mutual legal assistance..........  Art 9.................       965
  Offenses.........................  Art 1.................       963
  Ratification and depositary......  Art 14................       967
  Responsibility of legal persons..  Art 2.................       963
  Responsible authorities..........  Art 11................       966
  Sanctions........................  Art 3.................       963
  Signature and accession..........  Art 13................       967
  Statute of limitations...........  Art 6.................       964
  Withdrawal.......................  Art 17................       968
Convention on Continental Shelf....   15 UST 471...........      1982
  Accession........................   15 UST 471 Art 10....      1984
  Authentic texts..................   15 UST 471 Art 15....      1985
Convention on Continental Shelf--
 Continued
  Boundaries.......................   15 UST 471 Art 6.....      1984
  Coastal States rights............   15 UST 471 Art 3.....      1983
  Definitions......................   15 UST 471 Art 1.....      1982
  Entry into force.................   15 UST 471 Art 11....      1985
  Expiration.......................   15 UST 471 Art 13....      1985
  Notification.....................   15 UST 471 Art 14....      1985
  Obligations......................   15 UST 471 Art 5.....      1983
  Ratification.....................   15 UST 471 Art 9.....      1984
  Reservations.....................   15 UST 471 Art 12....      1985
  Signature........................   15 UST 471 Art 8.....      1984
  Sovereignty......................   15 UST 471 Art 2.....      1982
  Submarine cables or pipelines....   15 UST 471 Art 4.....      1983
  Tunnelling rights................   15 UST 471 Art 7.....      1984
Convention on Fishing and            17 UST 138............      1974
 Conservation of Living Resources.
  Accession........................  17 UST 138 Art 17.....      1979
  Authentic texts..................  17 UST 138 Art 22.....      1980
  Coastal States obligations.......  17 UST 138 Art 6......      1975
                                     17 UST 138 Art 7......      1976
  Conservation measures............  17 UST 138 Art 8......      1976
  Definitions......................  17 UST 138 Art 2......      1974
                                     17 UST 138 Art 14.....      1979
  Disputes settlement..............  17 UST 138 Art 9......      1977
                                     17 UST 138 Art 10.....      1977
  Entry into force.................  17 UST 138 Art 18.....      1979
  Equipment embedded in floor of     17 UST 138 Art 13.....      1978
   sea.
  Expiration.......................  17 UST 138 Art 20.....      1979
  Negotiations.....................  17 UST 138 Art 4......      1975
  Nondiscrimination................  17 UST 138 Art 5......      1975
  Notification.....................  17 UST 138 Art 21.....      1980
  Ratification.....................  17 UST 138 Art 16.....      1979
  Reservations.....................  17 UST 138............      1980
                                     17 UST 138 Art 19.....      1979
  Signature........................  17 UST 138 Art 15.....      1979
  Special commission decisions.....  17 UST 138 Art 11.....      1978
                                     17 UST 138 Art 12.....      1978
  States obligations...............  17 UST 138 Art 3......      1975
  States rights....................  17 UST 138 Art 1......      1974
Convention on Nature Protection and
 Wildlife Preservation in the
 Western Hemisphere
  Panama Canal Treaty documents....  ......................       701
Convention on Territorial Sea and     15 UST 1606..........      1957
 Contiguous Zone.
  Accession........................   15 UST 1606 Part III       1963
                                      Art 28.
  Authentic texts..................   15 UST 1606 Part III       1964
                                      Art 32.
  Contiguous zone..................   15 UST 1606 Part II        1963
                                      Art 24.
  Entry into force.................   15 UST 1606 Part III       1964
                                      Art 29.
  Expiration.......................   15 UST 1606 Part III       1964
                                      Art 30.
  Limits of the territorial sea....   15 UST 1606 Sec II...      1957
  Notification.....................   15 UST 1606 Part III       1964
                                      Art 31.
  Provisions.......................   15 UST 1606 Part III       1963
                                      Art 25.
  Ratification.....................   15 UST 1606 Part III       1963
                                      Art 27.
  Right of innocent passage
    All ships......................   15 UST 1606 Part I         1960
                                      Sec III A.
    Government ships...............   15 UST 1606 Part I         1962
                                      Sec III C.
    Merchant ships.................   15 UST 1606 Part I         1961
                                      Sec III B.
    Warships.......................   15 UST 1606 Part I         1963
                                      Sec III D.
  Signature........................   15 UST 1606 Part III       1963
                                      Art 26.
  Sovereignty......................   15 UST 1606 Sec I....      1957
Convention on the High Seas........   13 UST 2312..........      1965
  Accession........................   13 UST 2312 Art 33...      1972
  Assistance provision.............   13 UST 2312 Art 12...      1967
  Authentic text...................   13 UST 2312 Art 37...      1973
  Changing flags during voyage.....   13 UST 2312 Art 6....      1966
  Collisions or other incidents....   13 UST 2312 Art 11...      1967
  Definitions......................   13 UST 2312 Art 1....      1965
Convention on the High Seas--
 Continued
  Entry into force.................   13 UST 2312 Art 34...      1972
  Expiration.......................   13 UST 2312 Art 35...      1972
  Free access......................   13 UST 2312 Art 3....      1965
  Government non-commercial service   13 UST 2312 Art 9....      1967
  Grant of nationality to ships....   13 UST 2312 Art 5....      1966
  Inter-governmental organizations.   13 UST 2312 Art 7....      1966
  Notification.....................   13 UST 2312 Art 36...      1973
  Piracy...........................   13 UST 2312 Art 14...      1968
                                      13 UST 2312 Art 15...      1968
                                      13 UST 2312 Art 16...      1968
                                      13 UST 2312 Art 17...      1968
                                      13 UST 2312 Art 18...      1969
                                      13 UST 2312 Art 19...      1969
                                      13 UST 2312 Art 20...      1969
                                      13 UST 2312 Art 21...      1969
  Pollution prevention.............   13 UST 2312 Art 24...      1971
                                      13 UST 2312 Art 25...      1971
  Ratification.....................   13 UST 2312 Art 32...      1972
  Relation to other conventions or    13 UST 2312 Art 30...      1972
   agreements.
  Safety at sea....................   13 UST 2312 Art 10...      1967
  Signature........................   13 UST 2312 Art 31...      1972
  Sovereignty......................   13 UST 2312 Art 2....      1965
  States rights....................   13 UST 2312 Art 4....      1966
  Submarine cables and pipelines...   13 UST 2312 Art 26...      1971
                                      13 UST 2312 Art 27...      1971
                                      13 UST 2312 Art 28...      1971
                                      13 UST 2312 Art 29...      1972
  Unlawful use.....................   13 UST 2312 Art 13...      1968
  Violations.......................   13 UST 2312 Art 23...      1970
  Warships.........................   13 UST 2312 Art 8....      1966
                                      13 UST 2312 Art 22...      1969
Convention Relating to the Status     19 UST 6260..........       158
 of Refugees.
  Access to courts.................   19 UST 6260 Art 16...       164
  Administrative assistance........   19 UST 6260 Art 25...       167
  Artistic rights..................   19 UST 6260 Art 14...       163
  Continuity of residence..........   19 UST 6260 Art 10...       162
  Definitions......................   19 UST 6260 Art 1....       159
  Denunciation.....................   19 UST 6260 Art 44...       172
  Disputes settlement..............   19 UST 6260 Art 38...       170
  Entry into force.................   19 UST 6260 Art 43...       172
  Exceptional measures exemption...   19 UST 6260 Art 8....       162
  Expulsion........................   19 UST 6260 Art 32...       169
  Federal clause...................   19 UST 6260 Art 41...       171
  Fiscal charges...................   19 UST 6260 Art 29...       168
  Freedom of movement..............   19 UST 6260 Art 26...       167
  General obligations..............   19 UST 6260 Art 2....       161
  Housing..........................   19 UST 6260 Art 21...       165
  Identity papers..................   19 UST 6260 Art 27...       167
  ``In the same circumstances''       19 UST 6260 Art 6....       161
   meaning.
  Industrial property..............   19 UST 6260 Art 14...       163
  Information on national             19 UST 6260 Art 36...       170
   legislation.
  Labour legislation...............   19 UST 6260 Art 24...       166
  Liberal professions..............   19 UST 6260 Art 19...       165
  Movable and immovable property...   19 UST 6260 Art 13...       163
  Naturalization...................   19 UST 6260 Art 34...       169
  Non-discrimination...............   19 UST 6260 Art 3....       161
  Personal status..................   19 UST 6260 Art 12...       163
  Prohibition of expulsion or         19 UST 6260 Art 33...       169
   return.
  Provisional measures.............   19 UST 6260 Art 9....       162
  Public education.................   19 UST 6260 Art 22...       165
  Public relief....................   19 UST 6260 Art 23...       166
  Rationing........................   19 UST 6260 Art 20...       165
  Reciprocity exemption............   19 UST 6260 Art 7....       161
  Refugees unlawfully in the          19 UST 6260 Art 31...       168
   country of refuge.
Convention Relating to the Status
 of Refugees--Continued
  Relation to previous Convention..   19 UST 6260 Art 37...       170
  Religion.........................   19 UST 6260 Art 4....       161
  Reservations.....................   19 UST 6260 Art 42...       172
  Revision.........................   19 UST 6260 Art 45...       172
  Rights granted apart from           19 UST 6260 Art 5....       161
   Convention.
  Rights of association............   19 UST 6260 Art 15...       164
  Seamen...........................   19 UST 6260 Art 11...       163
  Secretary-General of the United     19 UST 6260 Art 46...       173
   Nations notifications.
  Self-employment..................   19 UST 6260 Art 18...       165
  Signature, ratification and         19 UST 6260 Art 39...       170
   accession.
  Social Security..................   19 UST 6260 Art 24...       166
  Territorial application clause...   19 UST 6260 Art 40...       171
  Transfer of assets...............   19 UST 6260 Art 30...       168
  Travel documents.................   19 UST 6260 Art 28...       167
  U.N. co-operation................   19 UST 6260 Art 35...       169
  Wage-earning employment..........   19 UST 6260 Art 17...       164
Convention to Combat                 ......................      2204
 Desertification
  Action programmes................  Art 9.................      2210
  Amendments proposal..............  Art 30................      2226
  Annexes adoption and amendment...  Art 31................      2227
  Annexes status...................  Art 29................      2226
  Authentic texts..................  Art 40................      2230
  Capacity building, education and   Art 19................      2217
   public awareness.
  Committee on Science and           Art 24................      2224
   Technology.
  Conference of the Parties........  Art 22................      2222
  Coordination in the elaboration    Art 14................      2213
   and implementation of action
   programmes.
  Definitions......................  Art 1.................      2206
  Depositary.......................  Art 39................      2230
  Disputes settlement..............  Art 28................      2225
  Entry into force.................  Art 36................      2229
  Financial resources..............  Art 20................      2219
                                     Art 21................      2220
  Information collection, analysis   Art 16................      2214
   and exchange.
  Information communication........  Art 26................      2225
  Interim arrangements.............  Art 35................      2229
  International cooperation........  Art 12................      2212
  Measures to resolve questions on   Art 27................      2225
   implementation.
  National action programmes.......  Art 10................      2211
  Networking of institutions,        Art 25................      2224
   agencies and bodies.
  Objective........................  Art 2.................      2207
  Obligations......................  Art 4.................      2208
                                     Art 5.................      2209
                                     Art 6.................      2209
  Permanent Secretariat............  Art 23................      2223
  Principles.......................  Art 3.................      2207
  Priority for Africa..............  Art 7.................      2210
  Ratification, acceptance,          Art 34................      2228
   approval and accession.
  Regional implementation annexes..  Art 15................      2213
  Relationship with other            Art 8.................      2210
   conventions.
  Research and development.........  Art 17................      2215
  Reservations.....................  Art 37................      2229
  Right to vote....................  Art 32................      2228
  Signature........................  Art 33................      2228
  Subregional and regional action    Art 11................      2212
   programmes.
  Support for elaboration and        Art 13................      2213
   implementation of action
   programmes.
  Technology transfer, acquisition,  Art 18................      2216
   adaptation and development.
Convention to Combat
 Desertification--Continued
  Withdrawal.......................  Art 38................      2230
Conventional Armed Forces in Europe  Treaty Doc 102-8......       458
 Treaty.
  Amendments proposal..............  Treaty Doc 102-8 Art         478
                                      XX.
  Armoured infantry fighting         Treaty Doc 102-8 Art         474
   vehicles.                          XII.
  Armoured vehicle launched bridges  Treaty Doc 102-8 Art         473
                                      XI.
  Authentic texts..................  Treaty Doc 102-8 Art         479
                                      XXIII.
  Combat equipment reduction.......  Treaty Doc 102-8 Art         464
                                      IV.
                                     Treaty Doc 102-8 Art         467
                                      VI.
  Compliance verification..........  Treaty Doc 102-8 Art         475
                                      XIII.
  Conference.......................  Treaty Doc 102-8 Art         478
                                      XXI.
  Counting rules...................  Treaty Doc 102-8 Art         463
                                      III.
  Decommissioning..................  Treaty Doc 102-8 Art         471
                                      IX.
  Definitions......................  Treaty Doc 102-8 Art         460
                                      II.
  Designated permanent storage       Treaty Doc 102-8 Art X       472
   sites.
  Duration.........................  Treaty Doc 102-8 Art         478
                                      XIX.
  Inspections......................  Treaty Doc 102-8 Art         475
                                      XIV.
  Joint Consultative Group.........  Treaty Doc 102-8 Art         476
                                      XVI.
  Means of reduction...............  Treaty Doc 102-8 Art         469
                                      VIII.
  National or multinational          Treaty Doc 102-8 Art         476
   technical means of verification.   XV.
  Negotiations.....................  Treaty Doc 102-8 Art         478
                                      XVIII.
  Notifications....................  Treaty Doc 102-8 Art         468
                                      VII.
  Obligations......................  Treaty Doc 102-8 Art I       459
  Ratification.....................  Treaty Doc 102-8 Art         479
                                      XXII.
  Security of State Parties........  Treaty Doc 102-8 Art V       466
  Transmission of information and    Treaty Doc 102-8 Art         477
   notifications.                     XVII.
Conventional weapons...............  Treaty Doc 103-25.....       524
  Authentic texts..................  Treaty Doc 103-25 Art        529
                                      11.
  Denunciation.....................  Treaty Doc 103-25 Art        528
                                      9.
  Depositary.......................  Treaty Doc 103-25 Art        529
                                      10.
  Dissemination....................  Treaty Doc 103-25 Art        526
                                      6.
  Entry into force.................  Treaty Doc 103-25 Art        526
                                      5.
    Treaty relations...............  Treaty Doc 103-25 Art        526
                                      7.
  Non-detectable fragments.........  Treaty Doc 103-25            530
                                      Protocol I.
  Ratification, acceptance,          Treaty Doc 103-25 Art        525
   approval or accession.             4.
  Relations with other               Treaty Doc 103-25 Art        525
   international agreements.          2.
  Review and amendments proposal...  Treaty Doc 103-25 Art        527
                                      8.
  Scope of application.............  Treaty Doc 103-25 Art        525
                                      1.
  Signature........................  Treaty Doc 103-25 Art        525
                                      3.
Copyright protection. See World
 Intellectual Property Organization
Corruption, Inter-American
 Convention Against. See Inter-
 American Convention Against
 Corruption.
Countervailing duties
  Bilateral Free Trade Agreement     Art 8.8...............      1839
   between United States and Chile.
  General Agreement on Tariffs and   TIAS 1700 Art VI......      1538
   Trade, 1947.
Crime and law enforcement. See also
 Terrorism
  Bribery of Foreign Public          ......................       962
   Officials in International
   Business Transactions,
   Convention on Combating.
  Corruption, Inter-American         ......................       969
   Convention Against.
  Extradition treaties
    List of countries with which     ......................       994
     United States has a treaty.
  Extradition Treaty between the     TIAS 12805............       997
   United States and Saint Kitts
   and Nevis.
Crime and law enforcement--
 Continued
  Mutual legal assistance treaties
    List of countries..............  ......................       979
  Narcotic Drugs and Psychotropic    ......................       899
   Substances, U.N. Convention
   Against Illicit Traffic in.
  Organized Crime, Transnational,    ......................       932
   U.N. Convention Against.
  Protected Persons, U.N.            TIAS 8532.............       886
   Convention on the Prevention and
   Punishment of Crimes Against.
  Serving Criminal Sentences         ......................       926
   Abroad, Inter-American
   Convention on.
  Stolen Vehicles Extradition
   Treaties
    List of countries United States  ......................      1006
     has a treaty with.
  Taking of Hostages, International  TIAS 11081............       892
   Convention Against.
  U.S.-France Mutual Legal           ......................       981
   Assistance Treaty.
  U.S.-Belize Stolen Vehicles        ......................      1007
   Extradition Treaty.
Cultural materials. See United
 Nations Educational, Scientific
 and Cultural Organization
Czech Republic
  North Atlantic Treaty
    Czech Republic Protocol........  Treaty Doc 105-36.....       722
Czechoslovak Socialist Republic
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       400
 
 
                                    D
 
Defense treaties
  Southeast Asia Collective Defense  6 UST 81..............       744
   Treaty
  U.S.-Japan Security Treaty.......  11 UST 1632...........       748
  U.S.-Korea Defense Treaty........   UST 2368.............       742
  U.S.-Philippines Defense Treaty..  3 UST 3947............       740
Democratic and Popular Republic of
 Algeria. See Algeria
Denmark. See Tax Convention between
 the United States and Denmark
Desertification. See Convention to
 Combat Desertification.
Diplomacy
  Vienna Convention on Consular      21 UST 77.............       112
   Relations and Optional Protocols.
  Vienna Convention on Diplomatic    23 UST 3227...........        95
   Relations.
Diplomatic agents
  Protected Persons, U.N.            TIAS 8532.............       886
   Convention on the Prevention and
   Punishment of Crimes Against.
Driftnets. See Convention for the
 Prohibition of Fishing with Long
 Driftnets
Drug trafficking
  U.N. Convention Against Illicit    ......................       899
   Traffic in Narcotic Drugs and
   Psychotropic Substances.
 
                                    E
 
EBRD. See European Bank for
 Reconstruction and Development
Economic policy. See Foreign
 economic policy
Educational materials
  Import of........................  17 UST 1835...........       184
                                     S Treaty Doc 97-2.....       193
    Acceptance.....................  17 UST 1835 Art X.....       187
    Annexes........................  17 UST 1835 Art XVII..       188
    Articles for the blind and       17 UST 1835 Annex E...       191
     other handicapped persons.
                                     S Treaty Doc 97-2            201
                                      Annex E.
    Books, publications and          17 UST 1835 Annex A...       189
     documents
                                     S Treaty Doc 97-2            198
                                      Annex A.
      Production material and        S Treaty Doc 97-2            202
       machines.                      Annex H.
    Copyright, trademark and patent  17 UST 1835 Art VI....       186
     protection.
    Customs duties exemptions......  17 UST 1835 Art I.....       184
                                     S Treaty Doc 97-2 Art        194
                                      I.
                                     S Treaty Doc 97-2 Art        195
                                      III.
    Denunciation...................  17 UST 1835 Art XIV...       188
                                     S Treaty Doc 97-2 Art        198
                                      VIII.
    Disputes settlement............  17 UST 1835 Art VII...       186
                                     17 UST 1835 Art VIII..       186
    Entry into force...............  17 UST 1835 Art XI....       187
                                     17 UST 1835 Art XII...       187
                                     S Treaty Doc 97-2 Art        197
                                      VIII.
    Extension......................  17 UST 1835 Art XIII..       187
    Facilities provision...........  17 UST 1835 Art III...       185
                                     S Treaty Doc 97-2 Art        196
                                      V.
    Internal taxes or charge         S Treaty Doc 97-2 Art        194
     exemption.                       II.
    Licenses and foreign exchange..  17 UST 1835 Art II....       185
                                     S Treaty Doc 97-2 Art        195
                                      IV.
    Materials, circulation of......  17 UST 1835 Art IV....       186
    Musical instruments and          S Treaty Doc 97-2            202
     equipment.                       Annex G.
    National security and public     17 UST 1835 Art V.....       186
     order protection.
                                     S Treaty Doc 97-2 Art        196
                                      VII.
    Provision extension............  S Treaty Doc 97-2 Art        196
                                      VI.
    Registration...................  17 UST 1835 Art XVIII.       188
    Revision.......................  17 UST 1835 Art XVI...       188
    Scientific instruments or        17 UST 1835 Annex D...       191
     apparatus.
                                     S Treaty Doc 97-2            201
                                      Annex D.
    Secretary-General notification.  17 UST 1835 Art XV....       188
    Signature, ratification and      17 UST 1835 Art IX....       187
     acceptance.
                                     S Treaty Doc 97-2 Art        197
                                      VIII.
    Sports equipment...............  S Treaty Doc 97-2            202
                                      Annex F.
    Visual and auditory materials..  17 UST 1835 Annex C...       190
                                     S Treaty Doc 97-2            199
                                      Annex C.
    Works of art and collectors'     17 UST 1835 Annex B...       189
     pieces.
                                     S Treaty Doc 97-2            199
                                      Annex B.
Egypt
  MFO Agreement....................  TIAS 10557............       754
Electronic commerce
  Bilateral Free Trade Agreement
   between United States and Chile
    Cooperation....................  Art 15.5..............      1901
    Definitions....................  Art 15.6..............      1901
    Provisions.....................  Art 15.1..............      1899
Energy. See International Energy
 Program Agreement; Nuclear energy
 and materials
Environmental modification,
 Military use of. See Military use
 of environmental modification
Environmental protection. See also
 Natural resources
  Bilateral Free Trade Agreement
   between United States and Chile
    Consultations..................  Art 19.6..............      1934
    Cooperation....................  Art 19.5..............      1934
    Corporate stewardship            Art 19.10.............      1936
     principles.
    Definitions....................  Art 19.11.............      1937
    Environment roster.............  Art 19.7..............      1935
    Environmental Affairs Council..  Art 19.3..............      1933
    Environmental agreements         Art 19.9..............      1936
     relationship.
    Law enforcement................  Art 19.2..............      1932
    Levels of protection...........  Art 19.1..............      1932
    Procedural matters.............  Art 19.8..............      1935
    Public participation             Art 19.4..............      1933
     opportunities.
  South Pacific Regional             ......................      2245
   Environment Programme.
Estonia
  North Atlantic Treaty
    Estonia Protocol...............  Treaty Doc 108-4......       726
European Bank for Reconstruction
 and Development
  Establishment Agreement
    Amendments proposal............  Art 56................      1465
    Approval deemed given..........  Art 59................      1466
    Arbitration....................  Art 58................      1466
    Assets distribution............  Art 43................      1461
    Authorized capital stock.......  Art 4.................      1441
    Board of Directors.............  Annex B...............      1469
                                     Annex C...............      1475
                                     Art 26................      1453
                                     Art 27................      1455
                                     Art 28................      1455
    Board of Governors.............  Art 23................      1452
                                     Art 24................      1452
                                     Art 25................      1453
    Claims payment.................  Art 42................      1460
    Commission and fees............  Art 15................      1449
    Communications.................  Art 34................      1457
                                     Art 50................      1462
    Currencies determination and     Art 21................      1451
     use.
    Entry into force...............  Art 62................      1467
    Establishment Agreement........  ......................      1439
    Freedom of assets from           Art 49................      1462
     restrictions.
    Functions......................  Art 2.................      1440
    Immunity
      Archives.....................  Art 48................      1462
      Assets from seizure..........  Art 47................      1462
      Officers and employees.......  Art 51................      1462
      Privileges and exemptions....  Art 44................      1461
                                     Art 54................      1464
      Waiver of immunities,          Art 55................      1464
       privileges and exemptions.
    Inaugural meeting..............  Art 63................      1468
    Initial subscriptions to         Annex A...............      1468
     authorized capital stock.
    International character of Bank  Art 32................      1457
    Interpretation and application.  Art 57................      1466
    Judicial process...............  Art 46................      1461
    Liability of members...........  Art 42................      1460
    Meeting losses of the Bank.....  Art 17................      1450
    Membership.....................  Art 3.................      1441
European Bank for Reconstruction
 and Development--Continued
  Establishment Agreement--
   Continued
    Membership--Continued
      Suspension of................  Art 38................      1458
    Net income allocation and        Art 36................      1458
     distribution.
    Offices location...............  Art 33................      1457
    Operations
      Commencement.................  Art 63................      1468
      Limitations..................  Art 12................      1447
      Methods......................  Art 11................      1445
      Ordinary and special.........  Art 9.................      1445
      Principles...................  Art 13................      1447
      Separation of................  Art 10................      1445
      Temporary suspension.........  Art 40................      1460
      Termination..................  Art 41................      1460
    Ordinary capital resources.....  Art 7.................      1443
    Powers.........................  Art 20................      1451
    President......................  Art 30................      1456
    Privileges of officers and       Art 52................      1463
     employees.
    Purpose........................  Art 1.................      1439
    Ratification, acceptance or      Art 61................      1467
     approval.
    Recipient countries and          Art 8.................      1444
     resources use.
    Reports........................  Art 35................      1457
    Settlement of accounts with      Art 39................      1459
     former members.
    Signature and deposit..........  Art 60................      1467
    Special Funds..................  Art 18................      1450
                                     Art 19................      1450
    Special reserve................  Art 16................      1449
    Status of Bank.................  Art 45................      1461
    Structure......................  Art 22................      1452
    Subscription of shares.........  Art 5.................      1441
    Subscriptions payment..........  Art 6.................      1442
    Taxation exemption.............  Art 53................      1463
    Terms and conditions for loans   Art 14................      1449
     and guarantees.
    Vice-Presidents................  Art 31................      1456
    Votes assignment...............  Annex D...............      1475
    Voting.........................  Art 29................      1455
    Withdrawal right...............  Art 37................      1458
Exports
  General Agreement on Tariffs and
   Trade, 1947.
    Emergency action on particular   TIAS 1700 Art XIX.....      1560
     products.
    Fees and formalities...........  TIAS 1700 Art VIII....      1541
  Latin America
    Basic commodities..............   Charter of Punta del        586
                                      Este, Title IV.
  Nuclear equipment and material...   10 CFR Part 110......      2028
  Nuclear Non-Proliferation Act of
   1978 procedures
    Exports for which Executive       49 F.R. 20780 Sec 9..      2080
     Branch review is not required.
                                      49 F.R. 20780 Sec 11.      2082
    Procedures.....................   49 F.R. 20780 Sec 20.      2088
Extradition treaties
  List of countries with which       ......................       994
   United States has a treaty.
  U.S.-Belize Stolen Vehicles        ......................      1007
   Extradition Treaty.
Extradition Treaty Between the       TIAS 12805............       997
 United States and Saint Kitts and
 Nevis.
  Admissibility of documents.......  TIAS 12805 Art 7......      1000
Extradition Treaty Between the
 United States and Saint Kitts and
 Nevis--Continued
  Application......................  TIAS 12805 Art 19.....      1004
  Consultation.....................  TIAS 12805 Art 18.....      1004
  Decision and surrender...........  TIAS 12805 Art 10.....      1001
  Documentation requirements.......  TIAS 12805 Art 6......       999
  Extradition
    Obligation.....................  TIAS 12805 Art 1......       997
    Offenses.......................  TIAS 12805 Art 2......       997
    Requests for extradition made    TIAS 12805 Art 12.....      1002
     by several States.
    Waiver.........................  TIAS 12805 Art 15.....      1003
  Lapse of time....................  TIAS 12805 Art 8......      1000
  Nationality......................  TIAS 12805 Art 3......       998
  Political and military offenses..  TIAS 12805 Art 4......       998
  Prior prosecution................  TIAS 12805 Art 5......       999
  Procedures.......................  TIAS 12805 Art 6......       999
  Provisional arrest...............  TIAS 12805 Art 9......      1000
  Ratification and entry into force  TIAS 12805 Art 20.....      1004
  Representation and expenses......  TIAS 12805 Art 17.....      1004
  Rule of speciality...............  TIAS 12805 Art 14.....      1002
  Seizure and surrender of property  TIAS 12805 Art 13.....      1002
  Temporary and deferred surrender.  TIAS 12805 Art 11.....      1001
  Termination......................  TIAS 12805 Art 21.....      1005
  Transit..........................  TIAS 12805 Art 16.....      1003
 
 
                                    F
 
FBIS. See Foreign Broadcast
 Information Service
Federal Republic of Germany. See
 Germany
Financial institutions. See also
 International Monetary Fund
  African Development Fund Articles  TIAS 8605.............      1397
   of Agreement.
  African Development Fund Articles  TIAS 8605 Art 34......      1410
   of Agreement Communication.
                                     TIAS 8605 Art 47......      1414
  Asian Development Bank Articles    TIAS 6103.............      1364
   of Agreement.
  European Bank for Reconstruction   ......................      1439
   and Development.
  Global Environment Facility
    Restructured, Instrument for     ......................      1280
     the Establishment of.
  Inter-American Development Bank    TIAS 4387.............      1306
   Articles of Agreement.
  Inter-American Investment          TIAS 12087............      1343
   Corporation Articles of
   Agreement.
  International Bank for             TIAS 1503.............      1184
   Reconstruction and Development
   Articles of Agreement.
  International Development          TIAS 4607.............      1210
   Association Articles of
   Agreement.
  International Finance Corporation  TIAS 3620.............      1231
   Articles of Agreement.
  Multilateral Investment Guarantee  TIAS 12089............      1248
   Agency, Convention Establishing.
  North American Development Bank..  TIAS 12516............      1477
  Settlement of Investment Disputes  TIAS 6090.............      1421
Fishing, Convention on. See
 Convention for the Prohibition of
 Fishing with Long Driftnets
Fishing and Conservation of Living
 Resources. See Convention on
 Fishing and Conservation of Living
 Resources
Food Aid Convention, 1999..........  ......................        47
  Accession........................  Art XXIII.............        60
  Aid forms and terms..............  Art IX................        54
  Authentic texts..................  Art XXVII.............        62
  Carryover and carryforward.......  Art VI................        52
  Channelling......................  Art XI................        55
  Contribution quantities and        Art III...............        50
   quality.
  Definitions......................  Art II................        48
  Depositary.......................  Art XXI...............        59
  Duration.........................  Art XXV...............        61
  Effectiveness and impact.........  Art XIII..............        56
  Eligible recipients                Annex B...............        62
                                     Art VII...............        53
  Entry into force.................  Art XXIV..............        60
  Equivalence......................  Art V.................        52
  Food Aid Committee
    Chairman and Vice-Chairman.....  Art XVII..............        58
    Defaults and disputes..........  Art XX................        59
    Establishment..................  Art XV................        57
    Membership.....................  Art XV................        57
    Powers and functions...........  Art XVI...............        58
    Secretariat....................  Art XIX...............        59
    Sessions.......................  Art XVIII.............        59
  Information and co-ordination....  Art XIV...............        57
  International Grains Agreement...  Art XXVI..............        62
  Local purchases..................  Art XII...............        55
  Needs............................  Art VIII..............        53
  Objectives.......................  Art I.................        48
  Products.........................  Art IV................        51
  Signature and ratification.......  Art XXII..............        60
  Transport and delivery...........  Art X.................        54
  Transport and operational costs..  Annex A...............        62
  Triangular transactions..........  Art XII...............        55
  Withdrawal.......................  Art XXV...............        61
Forced labor abolition               ILO Conv No 105.......      1046
  Authentic texts..................  ILO Conv No 105 Art 10      1048
  Communications...................  ILO Conv No 105 Art 3.      1047
                                     ILO Conv No 105 Art 7.      1048
  Denunciation.....................  ILO Conv No 105 Art 5.      1047
  Effective measures...............  ILO Conv No 105 Art 2.      1047
  Entry into force.................  ILO Conv No 105 Art 4.      1047
  Function.........................  ILO Conv No 105 Art 1.      1046
  Notification.....................  ILO Conv No 105 Art 6.      1047
  Reports..........................  ILO Conv No 105 Art 8.      1048
Foreign Affairs Manual. See
 Circular 175
Foreign Broadcast Information
 Service
  Panama Bureau....................  ......................       704
Foreign economic policy
  Algerian Declaration.............  ......................      1520
  Bilateral Free Trade Agreement     ......................      1796
   between United States and Chile.
  Bilateral Free Trade Agreements
    List of countries with which     ......................      1795
     United States has an agreement.
  Bilateral Investment Treaties
    List of countries with which     ......................      1730
     United States has a treaty.
  Bilateral Investment Treaty        ......................      1731
   between United States and Jordan.
  Friendship Treaties
    List of countries with which     ......................      1776
     United States has a treaty.
Foreign economic policy--Continued
  General Agreement on Tariffs and   TIAS 1700.............      1531
   Trade, 1947.
  General Agreement on Tariffs and   1867 UNTS 187.........      1596
   Trade, 1994.
  International Telecommunication    ......................      1635
   Union Constitution.
  International Telecommunication    ......................      1662
   Union Convention.
  Tax Convention between the United  ......................      1745
   States and Denmark.
  Tax Conventions
    Countries having a Convention    ......................      1743
     with the United States for
     avoidance of double taxation
     and prevention of fiscal
     evasion.
  Trade with China.................  TIAS 9630.............      1514
  Trade with Hungary...............  TIAS 8967.............      1505
  Trademark Law Treaty.............  2037 UNTS 35..........      1711
  Treaty of Friendship Between the   TIAS 3942.............      1777
   United States and the
   Netherlands.
  Uruguay Round of Multilateral      ......................      1622
   Trade Negotiations, Final Act.
  U.S.-Iran claims settlement......  ......................      1525
  World Intellectual Property        ......................      1704
   Organization Copyright Treaty.
  World Trade Organization           ......................      1624
   Agreement.
Foreign language text
  Certificate on...................  11 FAM 724.6..........        75
Foreign missions. See Diplomacy
France. See also Mutual Legal
 Assistance Treaty between the
 United States and France
  Antarctic Treaty.................  12 UST 794............       481
  General Agreement on Tariffs and
   Trade, 1947
    List of territories of the       TIAS 1700 Annex B.....      1578
     French Union.
  General Arrangements to Borrow     ......................      1151
   letter to Secretary of the
   Treasury.
Free Trade Agreements
  List of countries with which       ......................      1795
   United States has an agreement.
  U.S.-Chile Agreement.............  ......................      1796
Friendship Treaties
  List of countries with which       ......................      1776
   United States has a treaty.
  U.S.-Netherlands Treaty..........  TIAS 3942.............      1777
Fund for Special Operations
  Administration...................  TIAS 4387 Art IV Sec 8      1320
  Contribution quotas..............  TIAS 4387 Annex B.....      1342
  Contributions withdrawal.........  TIAS 4387 Art IV Sec        1321
                                      11.
  Discharge of Fund liabilities on   TIAS 4387 Art IV Sec 7      1320
   borrowing.
  Disposition of quotas limitation.  TIAS 4387 Art IV Sec 6      1320
  Establishment, purpose and         TIAS 4387 Art IV Sec 1      1317
   functions.
  Liability limitation.............  TIAS 4387 Art IV Sec 5      1319
  Net profits distribution.........  TIAS 4387 Art IV Sec        1320
                                      10.
  Operations.......................  TIAS 4387 Art IV Sec 4      1319
  Provisions.......................  TIAS 4387 Art IV Sec 2      1317
  Resources........................  TIAS 4387 Art IV Sec 3      1318
  Suspension and termination.......  TIAS 4387 Art IV Sec        1321
                                      12.
  Voting...........................  TIAS 4387 Art IV Sec 9      1320
 
                                    G
 
GATT, 1947. See General Agreement
 on Tariffs and Trade, 1947
GATT, 1994. See General Agreement
 on Tariffs and Trade, 1994
GEF. See Global Environment
 Facility
General Agreement on Tariffs and     TIAS 1700.............      1531
 Trade, 1947.
  Acceptance.......................  TIAS 1700 Art XXVI....      1567
  Accession........................  TIAS 1700 Art XXXIII..      1572
  Amendments proposal..............  TIAS 1700 Art XXX.....      1571
  Annexes..........................  TIAS 1700 Art XXXIV...      1573
  Antidumping and countervailing     TIAS 1700 Art VI......      1538
   duties.
  Balance of payments safeguard      TIAS 1700 Art XII.....      1545
   restrictions.
  Cinematograph films provisions...  TIAS 1700 Art IV......      1536
  Commitments......................  TIAS 1700 Art XXXVII..      1574
  Concessions withholding or         TIAS 1700 Art XXVII...      1568
   withdrawal.
  Consultation.....................  TIAS 1700 Art XXII....      1562
  Contracting parties..............  TIAS 1700 Art XXXII...      1572
  Customs unions...................  TIAS 1700 Art XXIV....      1564
  Entry into force.................  TIAS 1700 Art XXVI....      1567
  Exceptions.......................  TIAS 1700 Art XX......      1561
    Rule of non-discrimination.....  TIAS 1700 Art XIV.....      1549
  Exchange arrangements............  TIAS 1700 Art XV......      1550
  Free-trade areas.................  TIAS 1700 Art XXIV....      1564
  Frontier traffic.................  TIAS 1700 Art XXIV....      1564
  Governmental assistance to         TIAS 1700 Art XVIII...      1554
   economic development.
  Import and export fees and         TIAS 1700 Art VIII....      1541
   formalities.
  Imports of particular products,    TIAS 1700 Art XIX.....      1560
   emergency action on.
  Joint action.....................  TIAS 1700 Art XXV.....      1566
                                     TIAS 1700 Art XXXVIII.      1576
  Margins of preference............  TIAS 1700 Annex G.....      1579
  Marks of origin..................  TIAS 1700 Art IX......      1542
  Most-favoured-nation treatment...  TIAS 1700 Art I.......      1532
  National treatment on internal     TIAS 1700 Art III.....      1535
   taxation and regulation.
  Non-application..................  TIAS 1700 Art XXXV....      1573
  Non-discriminatory administration  TIAS 1700 Art XIII....      1547
   of quantitative restrictions.
  Notes and supplementary            TIAS 1700 Annex I.....      1580
   provisions.
  Nullification or impairment......  TIAS 1700 Art XXIII...      1563
  Principles and objectives........  TIAS 1700 Art XXXVI...      1573
  Registration.....................  TIAS 1700 Art XXVI....      1567
  Relation to the Havana Charter...  TIAS 1700 Art XXIX....      1571
  Regulations, publication and       TIAS 1700 Art X.......      1543
   administration of.
  Restrictions elimination.........  TIAS 1700 Art XI......      1544
  Schedules modification...........  TIAS 1700 Art XXVIII..      1568
  Schedules of concessions.........  TIAS 1700 Art II......      1533
  Security exceptions..............  TIAS 1700 Art XXI.....      1562
  State trading enterprises........  TIAS 1700 Art XVII....      1552
  Subsidies........................  TIAS 1700 Art XVI.....      1551
  Tariff negotiations..............  TIAS 1700 Art XXVIII..      1570
  Territorial application..........  TIAS 1700 Art XXIV....      1564
  Territories
    Arrangements between Chile and   TIAS 1700 Annex E.....      1579
     neighboring countries.
    Arrangements between Lebanon     TIAS 1700 Annex F.....      1579
     and Syria.
    Customs Union of Belgium,        TIAS 1700 Annex C.....      1578
     Luxemburg and the Netherlands.
    French Union...................  TIAS 1700 Annex B.....      1578
    Preferential arrangements......  TIAS 1700 Annex A.....      1577
    United States..................  TIAS 1700 Annex D.....      1578
General Agreement on Tariffs and
 Trade, 1947--Continued
  Trade, percentage shares of......  TIAS 1700 Annex H.....      1579
  Transit..........................  TIAS 1700 Art V.......      1537
  Valuation for customs purposes...  TIAS 1700 Art VII.....      1540
  Withdrawal.......................  TIAS 1700 Art XXXI....      1572
General Agreement on Tariffs and     1867 UNTS 187.........      1596
 Trade, 1994.
  Anti-dumping action on behalf of   Art 14................      1616
   a third country.
  Anti-dumping duties imposition     Art 9.................      1611
   and collection.
  Best information available.......  Annex II..............      1620
  Committee on Anti Dumping          Art 16................      1616
   Practices.
  Consultation and dispute           Art 17................      1617
   settlement.
  Determination....................  Art 12................      1614
  Determination of dumping.........  Art 2.................      1599
  Developing country members.......  Art 15................      1616
  Domestic industry definition.....  Art 4.................      1603
  Duration and review of anti-       Art 11................      1614
   dumping duties and price
   undertakings.
  Evidence.........................  Art 6.................      1606
  Exemptions.......................  1867 UNTS 187 Para 3..      1597
  Explanatory notes................  1867 UNTS 187 Para 2..      1597
  Final provisions.................  Art 18................      1618
  Initiation and subsequent          Art 5.................      1604
   investigation.
  Injury determination.............  Art 3.................      1602
  Judicial review..................  Art 13................      1616
  Price undertakings...............  Art 8.................      1610
  Principles.......................  Art 1.................      1599
  Procedures for on the spot         Annex I...............      1619
   investigations.
  Provisional measures.............  Art 7.................      1609
  Provisions.......................  1867 UNTS 187 Para 1..      1596
  Retroactivity....................  Art 10................      1612
General Arrangements to Borrow.....  Dec 1289-(62/1).......      1144
  Adherence........................  Dec 1289-(62/1) Para 3      1145
  Borrowed currency use............  Dec 1289-(62/1) Para        1146
                                      10.
  Calls............................  Dec 1289-(62/1) Para 7      1145
  Charges..........................  Dec 1289-(62/1) Para 9      1146
  Credit arrangements..............  Dec 1289-(62/1) Annex.      1149
                                     Dec 1289-(62/1) Para 2      1145
  Definitions......................  Dec 1289-(62/1) Para 1      1145
  Exchange transactions and          Dec 1289-(62/1) Para        1149
   liquidation suspension.            18.
  Initial procedure................  Dec 1289-(62/1) Para 6      1145
  Interest.........................  Dec 1289-(62/1) Para 9      1146
  Interpretation...................  Dec 1289-(62/1) Para        1149
                                      20.
  Letter to Secretary of the         ......................      1151
   Treasury.
  Notices..........................  Dec 1289-(62/1) Para        1148
                                      14.
  Participants.....................  Dec 1289-(62/1) Annex.      1149
  Period and renewal...............  Dec 1289-(62/1) Para        1149
                                      19.
  Rates of exchange................  Dec 1289-(62/1) Para        1148
                                      12.
  Repayment by the Fund............  Dec 1289-(62/1) Para        1146
                                      11.
  Saudi Arabia.....................  Dec 7403-(83/73)......      1163
  Withdrawal from membership.......  Dec 1289-(62/1) Para        1148
                                      17.
General Arrangements to Borrow       Dec 7337-(83/37)......      1154
 Revision.
  Adherence........................  Dec 7337-(83/37) Para       1155
                                      3.
  Adherence withdrawal.............  Dec 7337-(83/37) Para       1159
                                      16.
  Amendments proposal..............  Dec 7337-(83/37) Para       1159
                                      15.
  Associated borrowing arrangements  Dec 7337-(83/37) Para       1161
                                      23.
  Borrowed currency use............  Dec 7337-(83/37) Para       1157
                                      10.
  Calls............................  Dec 7337-(83/37) Para       1156
                                      7.
  Credit arrangements..............  Dec 7337-(83/37) Annex      1162
                                     Dec 7337-(83/37) Para       1155
                                      2.
                                     Dec 7337-(83/37) Para       1155
                                      5.
                                     Dec 7337-(83/37) Para       1160
                                      21.
  Definitions......................  Dec 7337-(83/37) Para       1154
                                      1.
  Entry into force.................  Dec 7337-(83/37) Para       1155
                                      4.
General Arrangements to Borrow
 Revision--Continued
  Exchange transactions suspension.  Dec 7337-(83/37) Para       1159
                                      18.
  Indebtedness evidence............  Dec 7337-(83/37) Para       1156
                                      8.
  Initial procedure................  Dec 7337-(83/37) Para       1155
                                      6.
  Interest.........................  Dec 7337-(83/37) Para       1156
                                      9.
  Interpretation...................  Dec 7337-(83/37) Para       1160
                                      20.
  Liquidation......................  Dec 7337-(83/37) Para       1159
                                      18.
  Membership withdrawal............  Dec 7337-(83/37) Para       1159
                                      17.
  Notices..........................  Dec 7337-(83/37) Para       1159
                                      14.
  Participants.....................  Dec 7337-(83/37) Annex      1162
  Period and renewal...............  Dec 7337-(83/37) Para       1160
                                      19.
  Rates of exchange................  Dec 7337-(83/37) Para       1158
                                      12.
  Repayment by the Fund............  Dec 7337-(83/37) Para       1157
                                      11.
  Transferability..................  Dec 7337-(83/37) Para       1159
                                      13.
  Withdrawal from membership.......  Dec 7337-(83/37) Para       1159
                                      17.
Geneva Protocol....................  26 UST 571............       418
Genocide
  Senate Resolution of Ratification  S Res 347.............      1027
   of Convention Including
   Reservations, Understandings and
   Declaration.
  U.N. Convention on the Prevention  ......................      1023
   and Punishment of.
  INF Treaty
    Inspection activities..........
Germany
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       398
                                                                  392
  North Atlantic Treaty
    Federal Republic of Germany      6 UST 5707............       719
     Protocol.
  Settlement.......................  1686 UNTS 115.........       732
Global Environment Facility
  Restructured, Instrument for the   ......................      1280
   Establishment of.
    Amendment proposal.............  Para 34...............      1290
    Assembly.......................  Para 13...............      1283
                                     Para 14...............      1283
    Collaboration..................  Para 2................      1281
    Contributions..................  Para 10...............      1283
    Cooperation with international   Para 28...............      1288
     organizations.
    Cost-effectiveness.............  Para 4................      1281
    Council........................  Para 15...............      1284
                                     Para 16...............      1284
                                     Para 17...............      1284
                                     Para 18...............      1284
                                     Para 19...............      1284
                                     Para 20...............      1284
    Council constituencies.........  Annex E...............      1302
    Decision-making principles.....  Para 25...............      1287
    Eligibility....................  Para 9................      1282
    GEF Trust Fund.................  Annex C...............      1293
                                     Para 8................      1282
    Governance.....................  Para 11...............      1283
    Implementing Agencies..........  Para 22...............      1287
                                     Para 23...............      1287
    Incremental costs..............  Para 3................      1281
    Interim period.................  Para 33...............      1290
    Notification of participation..  Annex A...............      1290
    Operational modalities.........  Para 29...............      1289
                                     Para 30...............      1289
    Operational policies...........  Para 5................      1281
    Participation..................  Para 7................      1282
    Principles of cooperation among  Annex D...............      1299
     Implementing Agencies.
    Purposes.......................  Para 6................      1281
Global Environment Facility--
 Continued
    Relationship and cooperation     Para 26...............      1288
     with conventions.
                                     Para 27...............      1288
    Reporting......................  Para 31...............      1289
    Restructuring..................  Para 1................      1281
    Scientific and Technical         Para 24...............      1287
     Advisory Panel.
    Secretariat....................  Para 21...............      1285
    Structure......................  Para 12...............      1283
    Termination....................  Para 32...............      1289
                                     Para 35...............      1290
    Termination of participation...  Annex A...............      1290
    Trustee of GEF Trust Fund role   Annex B...............      1290
     and fiduciary responsibilities.
Global Environment Facility Trust
 Fund
  Advance contribution.............  Annex C Para 7........      1295
  Commitment.......................  Annex C Attachment 2..      1299
                                     Annex C Para 2........      1293
                                     Annex C Para 3........      1293
  Commitment authority.............  Annex C Para 8........      1295
  Contributions....................  Annex C Attachment 1..      1296
                                     Annex C Para 1........      1293
  Currency of denomination and       Annex C Para 5........      1294
   payment.
  Establishment of.................  Para 8................      1282
  Payment in installments..........  Annex C Para 4........      1294
  Replenishment....................  Annex C...............      1293
  Transfer authority...............  Annex C Para 8........      1295
  Trustee role and fiduciary         Annex B...............      1290
   responsibilities.
Gorgas Memorial Institute of
 Tropical and Preventive Medicine,
 Incorporated
  Panama Canal Treaty documents....  ......................       705
Grains Trade Convention, 1995......  ......................        30
  Accession........................  Art 27................        43
  Accounts settlement..............  Art 31................        44
  Amendment........................  Art 32................        45
  Budgetary procedures.............  Art 11................        36
  Commercial purchases.............  Art 5.................        33
  Concessional transactions          Art 6.................        33
   guidelines.
  Constitution.....................  Art 9.................        35
  Council decisions................  Art 14................        38
  Council powers and functions.....  Art 10................        36
  Council seat, sessions and quorum  Art 13................        38
  Definitions......................  Art 2.................        31
  Depositary.......................  Art 23................        42
  Disputes settlement..............  Art 8.................        35
  Duration, extension and            Art 33................        45
   termination.
  Economic provisions..............  Art 22................        42
  Entry into force.................  Art 11................        36
                                     Art 28................        44
  Exclusion........................  Art 30................        44
  Executive Committee..............  Art 15................        39
  Exporting and importing members..  Art 12................        37
  Finance..........................  Art 21................        41
  Information, reports and studies.  Art 3.................        32
  Intergovernmental organizations    Art 19................        40
   co-operation.
  Market Conditions Committee......  Art 16................        39
  Market developments consultations  Art 4.................        32
  Member vote distribution.........  Art 12................        37
  Objectives.......................  Art 1.................        30
  Observers admission..............  Art 18................        40
  Privileges and immunities........  Art 20................        41
  Provisional application..........  Art 26................        43
  Ratification, acceptance and       Art 25................        43
   approval.
  Relationship of Preamble to        Art 34................        46
   Convention.
  Reporting and recording..........  Art 7.................        34
Grains Trade Convention, 1995--
 Continued
  Secretariat......................  Art 17................        40
  Signature........................  Art 24................        43
  Special transactions.............  Art 5.................        33
  Withdrawal.......................  Art 29................        44
Greece
  North Atlantic Treaty
    Greece and Turkey Protocol.....  3 UST 43..............       717
Ground-launched ballistic missiles
  Defined..........................  1657 UNTS 2 Art II....       349
  Inspection activities............  1657 UNTS 2 Sec IX....       386
 
 
                                    H
 
Havana Charter
  Relation to the General Agreement  TIAS 1700 Art XXIX....      1571
   on Tariffs and Trade, 1947.
High seas. See Convention on the
 High Seas
Hostage return
  Algerian Declaration
    General principles.............  ......................      1520
Hostages, International Convention
 Against the Taking of. See
 International Convention Against
 the Taking of Hostages
Human rights
  Child Labour, ILO Convention       ......................      1053
   Concerning.
  Child rights, armed conflict.....  ......................      1067
  Child rights, sale of children,    ......................      1073
   child prostitution, and child
   pornography.
  Civil and Political Rights,        ......................      1029
   International Covenant on.
  Forced labor abolition...........  ILO Conv No 105.......      1046
  Genocide, Senate Resolution of     S Res 347.............      1027
   Ratification of Convention
   Including Reservations,
   Understandings and Declaration.
  Genocide, U.N. Convention on the   ......................      1023
   Prevention and Punishment of.
  International Labor Standards....  ILO Conv No 144.......      1048
  Mines Safety and Health, ILO       ......................      1058
   Convention Concerning.
  Universal Declaration............  Gen Assembly Res 217..      1017
Human Rights Committee
  Ad hoc Conciliation Commission...  Art 42................      1042
                                     Art 43................      1043
  Communications...................  Art 41................      1040
  Compensation.....................  Art 35................      1039
  Elections........................  Art 30................      1038
  Establishment of.................  Art 28................      1037
  Facilities.......................  Art 36................      1039
  Meetings.........................  Art 37................      1039
  Members..........................  Art 29................      1037
                                     Art 31................      1038
  Perform functions impartially....  Art 38................      1039
  Reports..........................  Art 40................      1040
                                     Art 45................      1043
  Terms............................  Art 32................      1038
                                     Art 39................      1039
  Vacancies........................  Art 33................      1038
                                     Art 34................      1039
Hungary. See also U.S.-Hungary
 trade relations
  North Atlantic Treaty
    Hungary Protocol...............  Treaty Doc 105-36.....       723
 
                                    I
 
IADB. See Inter-American
 Development Bank
IAEA. See International Atomic
 Energy Agency
IBRD. See International Bank for
 Reconstruction and Development
ICBM. See Intercontinental
 ballistic missiles
IDA. See International Development
 Association
IFC. See International Finance
 Corporation
ILO. See International Labour
 Organisation
ILO Convention Concerning Child      ......................      1053
 Labour.
  Assistance.......................  Art 8.................      1055
  Authentic texts..................  Art 16................      1057
  Communications...................  Art 13................      1056
  Consultation.....................  Art 5.................      1054
  Definitions......................  Art 2.................      1054
                                     Art 3.................      1054
  Denunciation.....................  Art 11................      1056
  Duration.........................  Art 15................      1056
  Effective measures...............  Art 1.................      1054
  Entry into force.................  Art 10................      1055
  Necessary measures...............  Art 7.................      1055
  Notification.....................  Art 12................      1056
  Programmes of action.............  Art 6.................      1055
  Ratifications....................  Art 9.................      1055
  Report...........................  Art 14................      1056
  Types of work....................  Art 4.................      1054
ILO Convention Concerning Mines      ......................      1058
 Safety and Health.
  Authentic texts..................  Art 24................      1066
  Cooperation......................  Art 15................      1064
  Definitions......................  Art 1.................      1059
  Denunciation.....................  Art 19................      1065
  Duties of workers................  Art 14................      1063
  Employer responsibilities........  Art 6.................      1061
                                     Art 7.................      1061
                                     Art 8.................      1062
                                     Art 9.................      1062
                                     Art 10................      1062
                                     Art 11................      1062
                                     Art 12................      1062
  Entry into force.................  Art 18................      1064
                                     Art 23................      1065
  Implementation...................  Art 16................      1064
  Means of application.............  Art 3.................      1059
                                     Art 4.................      1060
                                     Art 5.................      1060
  Notification.....................  Art 20................      1065
  Ratifications....................  Art 17................      1064
  Registration.....................  Art 21................      1065
  Report...........................  Art 22................      1065
  Rights of workers................  Art 13................      1063
  Scope............................  Art 2.................      1059
IMF. See International Monetary
 Fund
Immigration
  Control of persons leaving or      Pres Proc 3004........       150
   entering the United States.
Imports
  Educational materials............  17 UST 1835...........       184
                                     S Treaty Doc 97-2.....       193
  General Agreement on Tariffs and
   Trade, 1947
    Fees and formalities...........  TIAS 1700 Art VIII....      1541
Imports--Continued
  International Plant Protection
   Convention
    Requirements...................  Art VII...............      2235
  Nuclear equipment and material...  10 CFR Part 110.......      2028
INF. See Intermediate-range Nuclear
 Forces Treaty.
Information
  Circulation of materials.........  17 UST 1578...........       178
  Import of educational materials..  17 UST 1835...........       184
                                     S Treaty Doc 97-2.....       193
Intellectual property rights. See
 also Trademark Law Treaty; World
 Intellectual Property Organization
  Bilateral Free Trade Agreement      Chap 17..............      1904
   between United States and Chile.
    Copyright......................  Art 17.5..............      1911
    Domain names on the Internet...  Art 17.3..............      1909
    Encrypted program-carrying       Art 17.8..............      1918
     satellite signal protection.
    Enforcement....................  Art 17.11.............      1920
    Geographical indications.......  Art 17.4..............      1909
    Obligations common to copyright  Art 17.7..............      1913
     and related rights.
    Patents........................  Art 17.9..............      1918
    Provisions.....................  Art 17.1..............      1905
                                     Art 17.12.............      1928
    Regulated products measures....  Art 17.10.............      1919
    Related rights.................  Art 17.6..............      1911
    Trademarks.....................  Art 17.2..............      1907
  International Space Station        Art 21................      2348
   provision.
Inter-American Convention Against    ......................       969
 Corruption
  Accession........................  Art XXIII.............       977
  Applicable arrangement of          Art XX................       977
   practices.
  Assistance and cooperation.......  Art XIV...............       975
  Authentic texts..................  Art XXVIII............       978
  Bank secrecy.....................  Art XVI...............       976
  Central authorities..............  Art XVIII.............       976
  Corruption.......................  Art VI................       972
  Definitions......................  Art I.................       970
  Denunciation.....................  Art XXVI..............       978
  Deposit of original instrument...  Art XXVIII............       978
  Domestic law.....................  Art VII...............       972
  Effect on State property.........  Art XII...............       974
  Entry into force.................  Art XXV...............       978
  Extradition......................  Art XIII..............       974
  Illicit enrichment...............  Art IX................       973
  Jurisdiction.....................  Art V.................       971
  Measures regarding property......  Art XV................       976
  Nature of the act................  Art XVII..............       976
  Notification.....................  Art X.................       973
  Preventive measures..............  Art III...............       970
  Progressive development..........  Art XI................       974
  Protocols........................  Art XXVII.............       978
  Purposes.........................  Art II................       970
  Ratification.....................  Art XXII..............       977
  Reservations.....................  Art XXIV..............       977
  Scope............................  Art IV................       971
  Signature........................  Art XXI...............       977
  Temporal application.............  Art XIX...............       977
  Transnational bribery............  Art VIII..............       973
Inter-American Convention for the
 Protection of Sea Turtles, 1994
  Amendments proposal..............  Art XXIV..............      2004
  Annual reports...................  Annex IV..............      2008
                                     Art XI................      2000
  Area of application..............  Art III...............      1995
Inter-American Convention for the
 Protection of Sea Turtles, 1994--
 Continued
  Authentic texts and certified      Art XXVII.............      2004
   copies.
  Classification...................  Annex I...............      2005
  Complementary protocols..........  Art XX................      2003
  Compliance.......................  Art X.................      2000
  Consultative Committee...........  Art VII...............      1999
  Coordination.....................  Art XIV...............      2001
  Definitions......................  Art I.................      1995
  Disputes settlement..............  Art XVI...............      2002
  Entry into force and accession...  Art XXII..............      2003
  Financial resources..............  Art XIII..............      2001
  Implementation...................  Art XVIII.............      2002
  International cooperation........  Art XII...............      2001
  Measures.........................  Art IV................      1995
  Meetings of the Parties..........  Art V.................      1997
  Monitoring programs..............  Art IX................      2000
  Non-parties......................  Art XIX...............      2003
  Objective........................  Art II................      1995
                                     Preamble..............      1994
  Protection and conservation of     Annex II..............      2005
   habitats.
  Reservations.....................  Art XXIII.............      2003
  Rights of Parties................  Art XVII..............      2002
  Scientific Committee.............  Art VIII..............      1999
  Secretariat......................  Art VI................      1998
  Signature and ratification.......  Art XXI...............      2003
  Status of annexes................  Art XXVI..............      2004
  Trade measures...................  Art XV................      2002
  Turtle excluder devices..........  Annex III.............      2006
  Withdrawal.......................  Art XXV...............      2004
Inter-American Convention on         ......................       926
 Serving Criminal Sentences Abroad.
  Accession........................  Art XV................       930
  Applicability....................  Art III...............       927
                                     Art IX................       929
  Authentic texts..................  Art XIX...............       930
  Central authority................  Art XI................       929
  Definitions......................  Art I.................       926
  Duration.........................  Art XVIII.............       930
  Entry into force.................  Art XVII..............       930
  General provisions...............  Art II................       926
  Information provision............  Art IV................       927
  Ratification.....................  Art XIV...............       930
  Refusal of transfer request......  Art VI................       928
  Relationship to other agreements.  Art XII...............       929
  Reservations.....................  Art XVI...............       930
  Review of sentence...............  Art VIII..............       929
  Rights of sentenced person who is  Art VII...............       928
   transferred.
  Signature........................  Art XIII..............       929
  Transfer procedure...............  Art V.................       927
  Transit..........................  Art X.................       929
Inter-American Development Bank
  Articles of Agreement............  TIAS 4387.............      1306
    Accounts settlement............  TIAS 4387 Art IX Sec 3      1333
    Amendments proposal............  TIAS 4387 Art XII.....      1337
    Arbitration....................  TIAS 4387 Art XIII Sec      1338
                                      2.
    Assets distribution............  TIAS 4387 Art X Sec 4.      1334
    Authorized inter-regional        TIAS 4387 Art IIA Sec       1310
     capital.                         1.
    Authorized ordinary capital....  TIAS 4387 Art II Sec 2      1307
    Bank structure.................  TIAS 4387 Art VIII Sec      1327
                                      1.
    Board of Executive Directors...  TIAS 4387 Art VIII Sec      1328
                                      3.
    Board of Governors.............  TIAS 4387 Art VIII Sec      1327
                                      2.
    Claims payment.................  TIAS 4387 Art X Sec 3.      1334
    Commencement of operations.....  TIAS 4387 Art XV Sec 3      1340
    Communications.................  TIAS 4387 Art XI Sec 7      1336
                                     TIAS 4387 Art XIV Sec       1338
                                      3.
    Conserving currencies..........  TIAS 4387 Art V Sec 4.      1323
Inter-American Development Bank--
 Continued
  Articles of Agreement--Continued
    Currencies use.................  TIAS 4387 Art V Sec 1.      1321
    Currencies valuation...........  TIAS 4387 Art V Sec 2.      1322
    Depositories...................  TIAS 4387 Art XIV Sec       1338
                                      4.
    Direct loan financing..........  TIAS 4387 Art III Sec       1315
                                      6.
    Entry into force...............  TIAS 4387 Art XV Sec 2      1339
    Executive Vice President.......  TIAS 4387 Art VIII Sec      1330
                                      5.
    Freedom of assets from           TIAS 4387 Art XI Sec 6      1336
     restrictions.
    Functions......................  TIAS 4387 Art I Sec 2.      1306
    Fund for Special Operations....  TIAS 4387 Annex B.....      1342
                                     TIAS 4387 Art IV......      1317
    Guarantees.....................  TIAS 4387 Art III Sec       1317
                                      11.
    Immunities and privileges......  TIAS 4387 Art XI Sec 1      1335
    Immunity of assets.............  TIAS 4387 Art XI Sec 4      1335
    Implementation.................  TIAS 4387 Art XI Sec        1337
                                      10.
    Inter-regional capital           TIAS 4387 Art IIA Sec       1312
     resources.                       4.
    Inter-regional capital           TIAS 4387 Art IIA Sec       1311
     subscription.                    2.
                                     TIAS 4387 Art IIA Sec       1311
                                      3.
    Interpretation.................  TIAS 4387 Art XIII Sec      1338
                                      1.
    Inviolability of archives......  TIAS 4387 Art XI Sec 5      1336
    Judicial proceedings...........  TIAS 4387 Art XI Sec 3      1335
    Legal status...................  TIAS 4387 Art XI Sec 2      1335
    Liability of members...........  TIAS 4387 Art X Sec 3.      1334
    Maintenance of value of          TIAS 4387 Art V Sec 3.      1322
     currency holdings of Bank.
    Making or guaranteeing loans...  TIAS 4387 Art III Sec       1313
                                      4.
    Meeting liabilities in case of   TIAS 4387 Art VII Sec       1325
     defaults.                        3.
    Membership.....................  TIAS 4387 Art II Sec 1      1307
      Suspension of................  TIAS 4387 Art IX Sec 2      1332
    Net profits and surplus          TIAS 4387 Art VII Sec       1326
     distribution.                    4.
    Office location................  TIAS 4387 Art XIV Sec       1338
                                      1.
    Operations categories..........  TIAS 4387 Art III Sec       1312
                                      2.
    Operations limitations.........  TIAS 4387 Art III Sec       1314
                                      5.
    Operations resources use.......  TIAS 4387 Art III Sec       1312
                                      1.
    Optional conditions for making   TIAS 4387 Art III Sec       1316
     or guaranteeing loans.           8.
    Ordinary capital resources.....  TIAS 4387 Art II Sec 5      1310
    Payment provisions for direct    TIAS 4387 Art III Sec       1316
     loans.                           10.
    Personal immunities and          TIAS 4387 Art XI Sec 8      1336
     privileges.
    Powers of the Bank.............  TIAS 4387 Art VII Sec       1324
                                      1.
    President......................  TIAS 4387 Art VIII Sec      1330
                                      5.
    Principle of separation........  TIAS 4387 Art III Sec       1313
                                      3.
    Purpose........................  TIAS 4387 Art I Sec 1.      1306
    Relations with other             TIAS 4387 Art XIV Sec       1338
     organizations.                   2.
    Reports........................  TIAS 4387 Art VIII Sec      1332
                                      6.
    Resources categories...........  TIAS 4387 Art II Sec        1307
                                      1A.
    Right to withdraw..............  TIAS 4387 Art IX Sec 1      1332
    Rules and conditions for making  TIAS 4387 Art III Sec       1315
     or guaranteeing loans.           7.
    Signature and acceptance.......  TIAS 4387 Art XV Sec 1      1339
    Special commission.............  TIAS 4387 Art III Sec       1317
                                      12.
    Special reserve................  TIAS 4387 Art III Sec       1317
                                      13.
    Staff..........................  TIAS 4387 Art VIII Sec      1330
                                      5.
    Subscription of shares.........  TIAS 4387 Art II Sec 3      1308
    Subscriptions payment..........  TIAS 4387 Art II Sec 4      1309
    Subscriptions to authorized      TIAS 4387 Annex A.....      1341
     capital stock.
    Suspension of operations.......  TIAS 4387 Art X Sec 1.      1334
    Taxation immunities............  TIAS 4387 Art XI Sec 9      1336
    Technical assistance...........  TIAS 4387 Art VI Sec 1      1323
                                     TIAS 4387 Art VI Sec 2      1324
                                     TIAS 4387 Art VI Sec 3      1324
    Termination of operations......  TIAS 4387 Art X Sec 2.      1334
Inter-American Development Bank--
 Continued
  Articles of Agreement--Continued
    Use of loans made or guaranteed  TIAS 4387 Art III Sec       1316
     by Bank.                         9.
    Voting.........................  TIAS 4387 Art VIII Sec      1330
                                      4.
    Warning to be placed on          TIAS 4387 Art VII Sec       1325
     securities.                      2.
Inter-American Investment
 Corporation
  Articles of Agreement............  TIAS 12087............      1343
    Amendments proposal............  TIAS 12087 Art VIII...      1358
    Arbitration....................  TIAS 12087 Art IX Sec       1359
                                      2.
    Assets distribution............  TIAS 12087 Art VI Sec       1356
                                      4.
    Board of Executive Directors...  TIAS 12087 Art IV Sec       1350
                                      4.
    Board of Governors.............  TIAS 12087 Art IV Sec       1349
                                      2.
    Chairman.......................  TIAS 12087 Art IV Sec       1352
                                      7.
    Commencement of operations.....  TIAS 12087 Art XI Sec       1360
                                      3.
    Communications.................  TIAS 12087 Art VII Sec      1357
                                      7.
                                     TIAS 12087 Art X Sec 3      1359
    Corporation headquarters.......  TIAS 12087 Art X Sec 1      1359
    Corporation structure..........  TIAS 12087 Art IV Sec       1349
                                      1.
    Debt payment...................  TIAS 12087 Art VI Sec       1355
                                      3.
    Dividends......................  TIAS 12087 Art IV Sec       1354
                                      10.
    Entry into force...............  TIAS 12087 Art XI Sec       1360
                                      2.
    Executive Committee of the       TIAS 12087 Art IV Sec       1351
     Board of Executive Directors.    6.
    Foreign exchange restrictions..  TIAS 12087 Art III Sec      1348
                                      6.
    Freedom of assets from           TIAS 12087 Art VII Sec      1357
     restrictions.                    6.
    Functions......................  TIAS 12087 Art I Sec 2      1343
    General Manager................  TIAS 12087 Art IV Sec       1352
                                      7.
    Immunities, exemptions and       TIAS 12087 Art VII Sec      1356
     privileges scope.                1.
    Immunity of assets.............  TIAS 12087 Art VII Sec      1357
                                      4.
    Implementation.................  TIAS 12087 Art VII Sec      1358
                                      10.
    Interpretation.................  TIAS 12087 Art IX Sec       1359
                                      1.
    Investment forms...............  TIAS 12087 Art III Sec      1347
                                      2.
    Inviolability of archives......  TIAS 12087 Art VII Sec      1357
                                      5.
    Judicial proceedings...........  TIAS 12087 Art VII Sec      1356
                                      3.
    Juridical personality..........  TIAS 12087 Art VII Sec      1356
                                      2.
    Liability limitation...........  TIAS 12087 Art II Sec       1346
                                      6.
    Liability of members...........  TIAS 12087 Art VI Sec       1355
                                      3.
    Limitations....................  TIAS 12087 Art III Sec      1348
                                      4.
    Members........................  TIAS 12087 Art II Sec       1344
                                      1.
    Membership, suspension of......  TIAS 12087 Art V Sec 2      1354
    Officers.......................  TIAS 12087 Art IV Sec       1352
                                      7.
    Operations, principles of......  TIAS 12087 Art III Sec      1347
                                      3.
    Operating procedures...........  TIAS 12087 Art III Sec      1346
                                      1.
    Organization of the Corporation  TIAS 12087 Art IV Sec       1351
                                      5.
    Personal immunities and          TIAS 12087 Art VII Sec      1357
     privileges.                      8.
    Policies.......................  TIAS 12087 Art I Sec 3      1344
    Political activity prohibition.  TIAS 12087 Art III Sec      1349
                                      8.
    Powers.........................  TIAS 12087 Art III Sec      1348
                                      7.
    Preferential subscription        TIAS 12087 Art II Sec       1346
     rights.                          5.
    Protection of interests........  TIAS 12087 Art III Sec      1348
                                      5.
    Purpose........................  TIAS 12087 Art I Sec 1      1343
    Relations with other             TIAS 12087 Art X Sec 2      1359
     organizations.
    Relations with the Bank........  TIAS 12087 Art IV Sec       1353
                                      8.
    Reports........................  TIAS 12087 Art IV Sec       1353
                                      9.
    Resources......................  TIAS 12087 Art II Sec       1344
                                      2.
    Restriction on transfers and     TIAS 12087 Art II Sec       1346
     pledge of shares.                4.
    Right of withdrawal............  TIAS 12087 Art V Sec 1      1354
    Signature and acceptance.......  TIAS 12087 Art XI Sec       1360
                                      1.
    Subscriptions..................  TIAS 12087 Art II Sec       1345
                                      3.
    Suspension of operations.......  TIAS 12087 Art VI Sec       1355
                                      1.
    Taxation immunities............  TIAS 12087 Art VII Sec      1357
                                      9.
    Termination of operations......  TIAS 12087 Art VI Sec       1355
                                      2.
    Voting.........................  TIAS 12087 Art IV Sec       1350
                                      3.
    Waiver.........................  TIAS 12087 Art VII Sec      1358
                                      11.
Inter-American Investment
 Corporation--Continued
  Articles of Agreement--Continued
    Withdrawal from membership.....  TIAS 12087 Art V Sec 3      1354
Inter-American Treaty of Reciprocal
 Assistance. See Rio Treaty
Intercontinental ballistic missiles
  Covered facilities...............  23 UST 3456 Sec C.....       336
  Heavy ICBMs......................  23 UST 3456 Sec D.....       336
  Increase in silo dimensions......  23 UST 3456 Sec A.....       335
  Land-based launchers.............  23 UST 3456...........       334
  Land-mobile ICBM launchers.......  23 UST 3456 Sec B.....       335
  Launch notifications.............  ......................       516
  Location of defenses.............  23 UST 3456 Sec A.....       330
  Prohibitions for launchers.......  23 UST 3462 Art I.....       323
                                     23 UST 3462 Art II....       323
Intergovernmental organizations
  International Grains Council co-   Art 19................        40
   operation.
Intermediate-range Nuclear Forces    1657 UNTS 2...........       349
 Treaty.
  Amendments proposal..............  1657 UNTS 2 Art XVI...       362
  Considerations...................  1657 UNTS 2 Art VII...       353
  Definitions......................  1657 UNTS 2 Art II....       349
  Duration.........................  1657 UNTS 2 Art XV....       362
  Elimination in situ procedures...  1657 UNTS 2 Sec IV....       373
  Elimination of missiles and        1657 UNTS 2 Art IV....       351
   launchers.
                                     1657 UNTS 2 Art V.....       352
                                     1657 UNTS 2 Art X.....       357
                                     1657 UNTS 2 Sec III...       372
  Elimination procedures...........  1657 UNTS 2 Sec II....       365
  Inspection activities............  1657 UNTS 2 Art XI....       359
                                     1658 UNTS 363.........       392
    Conduct of inspections.........  1658 UNTS 363 Art V...       396
    Consultations..................  1658 UNTS 363 Art VI..       396
    Definitions....................  1658 UNTS 363 Art II..       393
    Duration.......................  1658 UNTS 363 Art VII.       397
    Entry into force...............  1658 UNTS 363 Art VII.       397
    Notifications..................  1658 UNTS 363 Art III.       394
    Obligations....................  1658 UNTS 363 Art I...       392
    Pre-inspection arrangements....  1658 UNTS 363 Art IV..       394
    Privileges and immunities of     1658 UNTS 363 Annex...       399
     inspectors and aircrew members.
  Intermediate-range missiles......  1657 UNTS 2 Art III...       351
  Items of missile systems subject   1657 UNTS 2 Sec I.....       365
   to elimination.
  Memorandum of Understanding Data   1657 UNTS 2 Sec I.....       363
   Base.
  Missile locations................  1657 UNTS 2 Art VIII..       355
  National technical means of        1657 UNTS 2 Art XII...       361
   verification.
  Notifications....................  1657 UNTS 2 Art IX....       355
  Obligations......................  1657 UNTS 2 Art I.....       349
                                     1657 UNTS 2 Art XIV...       362
  Production, flight-testing and     1657 UNTS 2 Art VI....       352
   launching of missiles
   prohibition.
  Protocol inspections.............  1657 UNTS 2...........       375
    Activities beginning upon point  1657 UNTS 2 Sec V.....       379
     of entry.
    Cancellation of inspection.....  1657 UNTS 2 Sec X.....       389
    Definitions....................  1657 UNTS 2 Sec I.....       375
    Inspection activities..........  1657 UNTS 2 Sec IX....       386
                                     1657 UNTS 2 Sec VII...       382
                                     1657 UNTS 2 Sec VIII..       385
    Notifications..................  1657 UNTS 2 Sec IV....       378
    Obligations....................  1657 UNTS 2 Sec II....       376
    Pre-inspection requirements....  1657 UNTS 2 Sec III...       376
    Privileges and immunities of     1657 UNTS 2 Annex.....       390
     inspectors and aircrew members.
    Report.........................  1657 UNTS 2 Sec XI....       389
Intermediate-range Nuclear Forces
 Treaty--Continued
  Protocol inspections--Continued
    Rules for conducting             1657 UNTS 2 Sec VI....       380
     inspections.
  Protocol procedures..............  1657 UNTS 2...........       365
  Ratification.....................  1657 UNTS 2 Art XVII..       362
  Shorter-range missiles...........  1657 UNTS 2 Art III...       351
  Special Verification Commission..  1657 UNTS 2 Art XIII..       361
  Types of elimination.............  1657 UNTS 2 Sec V.....       374
International Agreements,
 Procedures on. See Circular 175
International Arbitral Tribunal
  Application......................  Art V.................      1526
  Decisions and awards.............  Art IV................      1526
  Establishment....................  Art II................      1525
  Members..........................  Art III...............      1526
  Seat.............................  Art VI................      1526
International Atomic Energy Agency.  TIAS 3873.............      2011
  Agency projects..................  TIAS 3873 Art XI......      2018
  Agency safeguards................  TIAS 3873 Art XII.....      2020
  Amendments and withdrawals.......  TIAS 3873 Art XVIII...      2024
  Authentic texts and certified      TIAS 3873 Art XXIII...      2026
   copies.
  Board of Governors...............  TIAS 3873 Art VI......      2014
  Definitions......................  TIAS 3873 Art XX......      2025
  Disputes settlement..............  TIAS 3873 Art XVII....      2024
  Establishment of.................  TIAS 3873 Art I.......      2011
  Export-import of nuclear           10 CFR Part 110 Sec         2038
   equipment and material.            110.11.
  Finance..........................  TIAS 3873 Art XIV.....      2022
  Functions........................  TIAS 3873 Art III.....      2011
  General Conference...............  TIAS 3873 Art V.......      2013
  Information exchange.............  TIAS 3873 Art VIII....      2017
  Membership.......................  TIAS 3873 Art IV......      2013
  Objectives.......................  TIAS 3873 Art II......      2011
  Preparatory Commission...........  TIAS 3873 Annex.......      2026
  Privileges and immunities........  TIAS 3873 Art XV......      2023
  Prohibition of nuclear weapons in  22 UST 762 Art 13.....       493
   Latin America safeguards.
  Registration.....................  TIAS 3873 Art XXII....      2026
  Reimbursement of members.........  TIAS 3873 Art XIII....      2022
  Relationship with other            TIAS 3873 Art XVI.....      2023
   organizations.
  Services, equipment and            TIAS 3873 Art X.......      2018
   facilities.
  Signature, acceptance and entry    TIAS 3873 Art XXI.....      2025
   into force.
  Staff............................  TIAS 3873 Art VII.....      2016
  Supplying materials..............  TIAS 3873 Art IX......      2017
  Suspension of privileges.........  TIAS 3873 Art XIX.....      2024
International Bank for
 Reconstruction and Development
  Articles of Agreement............  TIAS 1503.............      1184
    Advisory Council...............  TIAS 1503 Art V Sec 6.      1196
    Amendments proposal............  TIAS 1503 Art VIII....      1203
    Application....................  TIAS 1503 Art VII Sec       1203
                                      10.
    Approval deemed given..........  TIAS 1503 Art X.......      1204
    Authorized capital.............  TIAS 1503 Art I Sec 2.      1185
    Bank status....................  TIAS 1503 Art VII Sec       1201
                                      2.
    Bank structure.................  TIAS 1503 Art V Sec 1.      1194
    Board of Governors.............  TIAS 1503 Art V Sec 2.      1194
    Calls of subscribed capital....  TIAS 1503 Art I Sec 5.      1186
    Cessation of membership in       TIAS 1503 Art VI Sec 3      1199
     International Monetary Fund.
    Communications.................  TIAS 1503 Art VII Sec       1202
                                      7.
    Conditions on which Bank may     TIAS 1503 Art III Sec       1188
     guarantee or make loans.         4.
    Currencies availability and      TIAS 1503 Art IV Sec 2      1190
     transferability.
    Currencies provision for direct  TIAS 1503 Art IV Sec 3      1190
     loans.
International Bank for
 Reconstruction and Development--
 Continued
  Articles of Agreement--Continued
    Dealings between members and     TIAS 1503 Art III Sec       1188
     Bank.                            2.
    Depositories...................  TIAS 1503 Art V Sec 11      1197
    Disposal of shares restriction.  TIAS 1503 Art II Sec        1187
                                      10.
    Division of subscribed capital.  TIAS 1503 Art I Sec 5.      1186
    Entry into force...............  TIAS 1503 Art XI Sec 1      1204
    Executive Directors............  TIAS 1503 Art V Sec 4.      1195
                                     TIAS 1503 Schedule B..      1206
    Form of holdings of currency...  TIAS 1503 Art V Sec 12      1198
    Freedom of assets from           TIAS 1503 Art VII Sec       1202
     restrictions.                    6.
    Guarantees.....................  TIAS 1503 Art IV Sec 5      1192
    Guarantees and borrowings        TIAS 1503 Art III Sec       1188
     limitations.                     3.
    Immunity of archives...........  TIAS 1503 Art VII Sec       1202
                                      5.
    Immunity of assets from seizure  TIAS 1503 Art VII Sec       1202
                                      4.
    Inauguration of the Bank.......  TIAS 1503 Art XI Sec 3      1205
    International Finance            TIAS 1503 Art III Sec       1189
     Corporation loans.               6.
    Interpretation.................  TIAS 1503 Art IX......      1204
    Issue price of shares..........  TIAS 1503 Art I Sec 4.      1186
    Liability limitation...........  TIAS 1503 Art I Sec 6.      1186
    Loan committees................  TIAS 1503 Art V Sec 7.      1197
    Maintenance of value of bank     TIAS 1503 Art II Sec 9      1187
     currency holdings.
    Making or facilitating loans...  TIAS 1503 Art IV Sec 1      1189
    Meeting liabilities in case of   TIAS 1503 Art IV Sec 7      1193
     defaults.
    Membership.....................  TIAS 1503 Art I Sec 1.      1185
      Suspension of................  TIAS 1503 Art VI Sec 2      1199
    Net income allocation..........  TIAS 1503 Art V Sec 14      1198
    Officers and employees           TIAS 1503 Art VII Sec       1202
     immunities and privileges.       8.
    Offices location...............  TIAS 1503 Art V Sec 9.      1197
    Operations.....................  TIAS 1503 Art IV Sec 8      1193
    Payment provisions for direct    TIAS 1503 Art IV Sec 4      1191
     loans.
    Political activity prohibition.  TIAS 1503 Art IV Sec        1194
                                      10.
    Position of Bank with regard to  TIAS 1503 Art VII Sec       1202
     judicial process.                3.
    President......................  TIAS 1503 Art V Sec 5.      1196
    Purposes.......................  TIAS 1503 Art I.......      1184
    Regional offices and councils..  TIAS 1503 Art V Sec 10      1197
    Relationship with international  TIAS 1503 Art V Sec 8.      1197
     organizations.
    Reports........................  TIAS 1503 Art V Sec 13      1198
    Resources use..................  TIAS 1503 Art III Sec       1187
                                      1.
    Right of members to withdraw...  TIAS 1503 Art VI Sec 1      1199
    Settlement of accounts with      TIAS 1503 Art VI Sec 4      1199
     governments ceasing to be
     members.
    Settlement of obligations......  TIAS 1503 Art VI Sec 5      1200
    Signature......................  TIAS 1503 Art XI Sec 2      1204
    Special reserve................  TIAS 1503 Art IV Sec 6      1192
    Staff..........................  TIAS 1503 Art V Sec 5.      1196
    Status, immunities and           TIAS 1503 Art VII Sec       1201
     privileges scope.                1.
    Subscription of shares.........  TIAS 1503 Art I Sec 3.      1185
    Subscriptions..................  TIAS 1503 Schedule A..      1206
    Subscriptions for shares         TIAS 1503 Art II Sec 7      1186
     payment method.
    Suspension of operations.......  TIAS 1503 Art VI Sec 5      1200
    Taxation immunities............  TIAS 1503 Art VII Sec       1202
                                      9.
    Time of payment of               TIAS 1503 Art II Sec 8      1186
     subscriptions.
    Use of loans guaranteed,         TIAS 1503 Art III Sec       1189
     participated in or made by       5.
     Bank.
    Voting.........................  TIAS 1503 Art V Sec 3.      1195
    Warning to be placed on          TIAS 1503 Art IV Sec 9      1194
     securities.
International Bank for
 Reconstruction and Development--
 Continued
  Settlement of Investment Disputes  TIAS 6090.............      1421
International Boundary and Water
 Commission
  Border Environment Cooperation     TIAS 12516 Art III Sec      1481
   Commission relationship.           4.
International carriage by air......  ......................      2296
  Addressee of claims..............  Art 45................      2310
  Addressee of complaints and        Art 42................      2309
   instructions.
  Advance payments.................  Art 28................      2305
  Aggregation of claims against      Art 30................      2306
   servants or agents.
  Aggregation of damages...........  Art 44................      2309
  Air waybill......................  Art 5.................      2298
                                     Art 7.................      2298
  Arbitration......................  Art 34................      2307
  Basis of claims..................  Art 29................      2305
  Cargo............................  Art 4.................      2298
  Carriage of postal items.........  Art 2.................      2297
  Carriage performed by State......  Art 2.................      2297
  Carriage performed in              Art 51................      2311
   extraordinary circumstances.
  Combined carriage................  Art 38................      2308
  Compensation in case of death or   Art 21................      2302
   injury of passengers.
  Contracting carriers.............  Art 39................      2308
  Conversion of monetary units.....  Art 23................      2303
  Damage to cargo..................  Art 18................      2301
  Death of liable person...........  Art 32................      2306
  Definition.......................  Art 52................      2311
  Delivery of cargo................  Art 13................      2300
  Denunciation.....................  Art 54................      2312
  Documentation for multiple         Art 8.................      2298
   packages.
  Evidentiary value of               Art 11................      2299
   documentation.
  Exoneration......................  Art 20................      2302
  Formalities of customs, police     Art 16................      2300
   and public authorities.
  Freedom to contract..............  Art 27................      2305
  Insurance........................  Art 50................      2310
  Invalidity of contractual          Art 26................      2305
   provisions.
                                     Art 47................      2310
  Jurisdiction.....................  Art 33................      2306
                                     Art 46................      2310
  Liability for delays.............  Art 19................      2302
  Liability of carrier for death or  Art 17................      2301
   injury of passengers.
  Liability of contracting and       Art 40................      2309
   actual carriers.
  Liability of servants and agents.  Art 43................      2309
  Limitation of actions............  Art 35................      2307
  Limits of liability in relation    Art 22................      2302
   to delay, baggage and cargo.
  Mandatory application............  Art 49................      2310
  Mutual liability.................  Art 41................      2309
  Mutual relations of contracting    Art 48................      2310
   and actual carriers.
  Nature of cargo document.........  Art 6.................      2298
  Non-compliance with documentary    Art 9.................      2298
   requirements.
  Passengers and baggage...........  Art 3.................      2297
  Relations of consignor and         Art 15................      2300
   consignee.
  Relationship with other            Art 55................      2312
   Conventions.
  Reservations.....................  Art 57................      2313
  Responsibility for documentation.  Art 10................      2299
  Review of limits.................  Art 24................      2304
  Right of disposition of cargo....  Art 12................      2299
International carriage by air--
 Continued
  Right of recourse against third    Art 37................      2308
   parties.
  Rights of consignor and consignee  Art 14................      2300
  Scope of application.............  Art 1.................      2296
  Signature, ratification and entry  Art 53................      2311
   into force.
  States with more than one system   Art 56................      2313
   of law.
  Stipulation on limits............  Art 25................      2305
  Successive carriage..............  Art 36................      2307
  Timely notice of complaints......  Art 31................      2306
International Centre for Settlement
 of Investment Disputes
  Administrative Council...........  TIAS 6090 Sec 2.......      1422
  Establishment and organization...  TIAS 6090 Sec 1.......      1422
  Financing........................  TIAS 6090 Sec 5.......      1425
  Jurisdiction.....................  TIAS 6090 Chap II.....      1427
  Panels...........................  TIAS 6090 Sec 4.......      1424
  Secretariat......................  TIAS 6090 Sec 3.......      1424
  Status, immunities and privileges  TIAS 6090 Sec 6.......      1425
   scope.
International Civil Aviation.......  TIAS 1591.............      2255
  Abrogation of inconsistent         TIAS 1591 Art 82......      2275
   agreements.
  Acquisition or use of land.......  TIAS 1591 Art 72......      2273
  Adherence to Convention..........  TIAS 1591 Art 92......      2278
  Admission of other States........  TIAS 1591 Art 93......      2278
  Agreements and arrangements......  TIAS 1591 Art 80......      2274
  Agreements registration..........  TIAS 1591 Art 81......      2275
                                     TIAS 1591 Art 83......      2275
  Air Navigation Commission          TIAS 1591 Art 56......      2270
  Air navigation facilities........  TIAS 1591 Art 28......      2262
                                     TIAS 1591 Art 69......      2272
                                     TIAS 1591 Art 70......      2273
  Air regulations applicability....  TIAS 1591 Art 11......      2258
  Air rules........................  TIAS 1591 Art 12......      2258
  Air worthiness standards.........  TIAS 1591 Art 41......      2265
  Aircraft
    Civil and state................  TIAS 1591 Art 3.......      2256
    Distress.......................  TIAS 1591 Art 25......      2261
    Nationality....................  TIAS 1591 Art 17......      2260
    Pilotless......................  TIAS 1591 Art 8.......      2257
    Radio equipment................  TIAS 1591 Art 30......      2263
    Search.........................  TIAS 1591 Art 16......      2260
  Airport charges..................  TIAS 1591 Art 15......      2259
  Amendment proposal...............  TIAS 1591 Art 94......      2278
  Annexes, adoption and amendment    TIAS 1591 Art 90......      2277
   of.
  Appeals..........................  TIAS 1591 Art 86......      2276
  Arbitration procedure............  TIAS 1591 Art 85......      2276
  Arrangements with other            TIAS 1591 Art 65......      2272
   international bodies.
  Assembly.........................  TIAS 1591 Art 48......      2267
                                     TIAS 1591 Art 49......      2267
  Authentic text...................  TIAS 1591.............      2280
  Cargo restrictions...............  TIAS 1591 Art 35......      2263
  Certificates and licenses........  TIAS 1591 Art 33......      2263
    Endorsement....................  TIAS 1591 Art 39......      2265
                                     TIAS 1591 Art 40......      2265
  Certificates of airworthiness....  TIAS 1591 Art 31......      2263
  Competency standards of personnel  TIAS 1591 Art 42......      2266
  Council
    Composition and election.......  TIAS 1591 Art 50......      2268
    Functions......................  TIAS 1591 Art 54......      2269
                                     TIAS 1591 Art 55......      2269
                                     TIAS 1591 Art 78......      2274
    President......................  TIAS 1591 Art 51......      2268
    Voting.........................  TIAS 1591 Art 52......      2268
  Customs and immigration            TIAS 1591 Art 23......      2260
   procedures.
  Customs duty.....................  TIAS 1591 Art 24......      2261
  Definitions......................  TIAS 1591 Art 96......      2279
  Denunciation.....................  TIAS 1591 Art 95......      2279
International Civil Aviation--
 Continued
  Departures from international      TIAS 1591 Art 38......      2265
   standards and procedures.
  Designation of routes and          TIAS 1591 Art 68......      2272
   airports.
  Disease, prevention and spread of  TIAS 1591 Art 14......      2259
  Display of marks.................  TIAS 1591 Art 20......      2260
  Disputes settlement..............  TIAS 1591 Art 84......      2276
  Documents carried in aircraft....  TIAS 1591 Art 29......      2262
  Dual registration................  TIAS 1591 Art 18......      2260
  Entry and clearance regulations..  TIAS 1591 Art 13......      2259
  Exemption from patent claims       TIAS 1591 Art 27......      2261
   seizure.
  Expenditure and assessment of      TIAS 1591 Art 73......      2273
   funds.
  Facilities, provision and          TIAS 1591 Art 71......      2273
   maintenance of.
  Facilitation of formalities......  TIAS 1591 Art 22......      2260
  File reports.....................  TIAS 1591 Art 67......      2272
  Flight, right of non-scheduled...  TIAS 1591 Art 5.......      2257
  Functions relating to other        TIAS 1591 Art 66......      2272
   agreements.
  Funds, return of.................  TIAS 1591 Art 76......      2274
  International Civil Aviation
   Organization
    Composition....................  TIAS 1591 Art 43......      2266
    First meeting..................  TIAS 1591 Art 46......      2267
    Legal capacity.................  TIAS 1591 Art 47......      2267
    Objectives.....................  TIAS 1591 Art 44......      2266
    Permanent seat.................  TIAS 1591 Art 45......      2266
  International standards and        TIAS 1591 Art 37......      2264
   procedures adoption.
  Investigation of accidents.......  TIAS 1591 Art 26......      2261
  Joint operating organizations      TIAS 1591 Art 77......      2274
   permitted.
  Journey log books................  TIAS 1591 Art 34......      2263
  Landing at customs airport.......  TIAS 1591 Art 10......      2258
  Misuse of civil aviation.........  TIAS 1591 Art 4.......      2256
  National laws governing            TIAS 1591 Art 19......      2260
   registration.
  Participation in operating         TIAS 1591 Art 79......      2274
   organizations.
  Participation without a vote.....  TIAS 1591 Art 53......      2269
  Penalty for non-conformity.......  TIAS 1591 Art 87......      2277
                                     TIAS 1591 Art 88......      2277
  Personnel licenses...............  TIAS 1591 Art 32......      2263
  Photographic apparatus...........  TIAS 1591 Art 36......      2264
  Prohibited areas.................  TIAS 1591 Art 9.......      2257
  Protocol.........................  TIAS 1591.............      2280
  Ratification.....................  TIAS 1591 Art 91......      2277
  Registrations report.............  TIAS 1591 Art 21......      2260
  Sabotage.........................  TIAS 1591 Art 7.......      2257
  Scheduled services...............  TIAS 1591 Art 6.......      2257
  Security arrangements............  TIAS 1591 Art 64......      2271
  Signature........................  TIAS 1591.............      2279
  Sovereignty......................  TIAS 1591 Art 1.......      2255
  Taking over facilities from        TIAS 1591 Art 75......      2273
   Council.
  Technical assistance and           TIAS 1591 Art 74......      2273
   utilization of revenues.
  Territory........................  TIAS 1591 Art 2.......      2255
  Transfer of functions and duties.  TIAS 1591 Art 83......      2275
  Violations.......................  TIAS 1591 Art 3.......      2256
  War and emergency conditions.....  TIAS 1591 Art 89......      2277
International Convention Against     TIAS 11081............       892
 the Taking of Hostages.
  Application......................  TIAS 11081 Art 13.....       896
  Appropriate measures.............  TIAS 11081 Art 3......       893
  Assistance.......................  TIAS 11081 Art 11.....       896
  Asylum...........................  TIAS 11081 Art 15.....       897
  Authentic texts..................  TIAS 11081 Art 20.....       898
  Cooperation......................  TIAS 11081 Art 4......       893
  Custody..........................  TIAS 11081 Art 6......       894
  Denunciation.....................  TIAS 11081 Art 19.....       897
  Disputes settlement..............  TIAS 11081 Art 16.....       897
  Entry into force.................  TIAS 11081 Art 18.....       897
  Extradition......................  TIAS 11081 Art 9......       895
International Convention Against
 the Taking of Hostages--Continued
  Extradition--Continued
                                     TIAS 11081 Art 10.....       895
  Jurisdiction.....................  TIAS 11081 Art 5......       893
  Offenses.........................  TIAS 11081 Art 1......       892
  Proceedings outcome communication  TIAS 11081 Art 7......       895
  Prosecution proceedings..........  TIAS 11081 Art 8......       895
  Punishment.......................  TIAS 11081 Art 2......       893
  Signature........................  TIAS 11081 Art 17.....       897
  Territorial integrity and          TIAS 11081 Art 14.....       896
   political independence of States.
  War victims, protection of.......  TIAS 11081 Art 12.....       896
International Convention for the     ......................       853
 Suppression of Terrorist Bombings.
  Application......................  Art 3.................       855
  Assistance.......................  Art 10................       858
  Authentic texts..................  Art 24................       862
  Communications...................  Art 16................       860
  Definitions......................  Art 1.................       854
  Denunciation.....................  Art 23................       861
  Disputes settlement..............  Art 20................       861
  Entry into force.................  Art 22................       861
  Extradition......................  Art 8.................       857
  Extradition treaty...............  Art 9.................       857
  Fair treatment guarantee.........  Art 14................       859
  Investigations...................  Art 7.................       856
  Jurisdiction.....................  Art 6.................       855
                                     Art 18................       860
  Necessary measures...............  Art 4.................       855
                                     Art 5.................       855
  Obligations......................  Art 12................       858
                                     Art 17................       860
  Offenses.........................  Art 2.................       854
  Political offenses...............  Art 11................       858
  Prevention of offenses...........  Art 15................       859
  Rights, obligations and            Art 19................       860
   responsibilities of States.
  Signature........................  Art 21................       861
  Transfers........................  Art 13................       859
International Court of Justice
  Advisory opinions................  TS 993 Art 65.........       821
                                     TS 993 Art 66.........       821
                                     TS 993 Art 67.........       822
                                     TS 993 Art 68.........       822
  Amendments proposals.............  TS 993 Art 70.........       822
  Amendments provisions............  TS 993 Art 69.........       822
  Competence
    International conventions......  TS 993 Art 38.........       817
    Jurisdiction...................  TS 993 Art 36.........       816
    Parties to the Court...........  TS 993 Art 34.........       816
                                     TS 993 Art 35.........       816
    Tribunals......................  TS 993 Art 37.........       817
  Compulsory jurisdiction
    Declaration of U.S. recognition  TIAS 1598.............       823
     of.
    U.S. modification of...........  TIAS 1598.............       824
    U.S. termination of declaration  TIAS 1598.............       825
  Connally Reservation.............  TIAS 1598.............       823
  Organization
    Agent, counsel or advocate       TS 993 Art 17.........       813
     prohibition.
    Chambers formation.............  TS 993 Art 26.........       814
    Composition....................  TS 993 Art 2..........       810
    Decision to not sit in a case..  TS 993 Art 24.........       814
    Declarations...................  TS 993 Art 20.........       813
    Dismissal......................  TS 993 Art 18.........       813
    Elections......................  TS 993 Art 4..........       810
International Court of Justice--
 Continued
  Organization--Continued
    Elections--Continued
                                     TS 993 Art 8..........       811
                                     TS 993 Art 10.........       811
                                     TS 993 Art 11.........       812
    Expenses.......................  TS 993 Art 33.........       816
    Expiration of terms............  TS 993 Art 13.........       812
    Joint conference...............  TS 993 Art 12.........       812
    Judges.........................  TS 993 Art 31.........       815
    Judgments......................  TS 993 Art 27.........       815
    Leave..........................  TS 993 Art 23.........       814
    Length of term.................  TS 993 Art 15.........       813
                                     TS 993 Art 21.........       813
    Location of Chambers...........  TS 993 Art 28.........       815
    Members........................  TS 993 Art 3..........       810
    Nominations....................  TS 993 Art 5..........       811
                                     TS 993 Art 6..........       811
                                     TS 993 Art 7..........       811
    Political or administrative      TS 993 Art 16.........       813
     prohibitions.
    Privileges and immunities......  TS 993 Art 19.........       813
    Qualifications.................  TS 993 Art 9..........       811
    Quorum.........................  TS 993 Art 25.........       814
    Rules of the Court.............  TS 993 Art 30.........       815
    Salaries.......................  TS 993 Art 32.........       815
    Seat of Court..................  TS 993 Art 22.........       814
    Summary procedure..............  TS 993 Art 29.........       815
    Vacancies......................  TS 993 Art 14.........       813
  Procedure
    Appearance requirements........  TS 993 Art 53.........       820
    Case application...............  TS 993 Art 40.........       818
    Closing hearings...............  TS 993 Art 54.........       820
    Decisions......................  TS 993 Art 55.........       820
                                     TS 993 Art 59.........       820
    Documentation..................  TS 993 Art 49.........       819
    Expenses.......................  TS 993 Art 64.........       821
    Expert opinions................  TS 993 Art 50.........       819
    Hearings.......................
      Presiding over...............  TS 993 Art 45.........       819
      Public.......................  TS 993 Art 46.........       819
    Judgments......................  TS 993 Art 56.........       820
                                     TS 993 Art 57.........       820
                                     TS 993 Art 58.........       820
                                     TS 993 Art 60.........       820
                                     TS 993 Art 61.........       820
    Minutes........................  TS 993 Art 47.........       819
    Notice to government...........  TS 993 Art 44.........       819
    Notification...................  TS 993 Art 63.........       821
    Official languages.............  TS 993 Art 39.........       818
    Orders for conduct of case.....  TS 993 Art 48.........       819
    Provisional measures...........  TS 993 Art 41.........       818
    Questioning witnesses and        TS 993 Art 51.........       819
     experts.
    Refusal of evidence............  TS 993 Art 52.........       819
    Representation.................  TS 993 Art 42.........       818
    State intervention.............  TS 993 Art 62.........       821
    Written and oral proceedings...  TS 993 Art 43.........       818
  Statute..........................  TS 993................       810
    Connally Reservation...........  TIAS 1598.............       823
    Establishment of the Court.....  TS 993 Art 1..........       810
International Covenant on Civil and  ......................      1029
 Political Rights.
  Ad hoc Conciliation Commission...  Art 42................      1042
                                     Art 43................      1043
  Aliens...........................  Art 13................      1033
  Amendments proposal..............  Art 51................      1044
  Authentic texts..................  Art 53................      1045
  Conduct of public affairs........  Art 25................      1037
International Covenant on Civil and
 Political Rights--Continued
  Contractual obligations..........  Art 11................      1033
  Criminal charges.................  Art 14................      1033
  Criminal offenses................  Art 15................      1034
  Dignity of the human person......  Art 10................      1032
  Disputes settlement..............  Art 44................      1043
  Entry into force.................  Art 49................      1044
  Equality.........................  Art 3.................      1030
                                     Art 26................      1037
  Extension of provisions..........  Art 50................      1044
  Family protection................  Art 23................      1036
  Freedom of association...........  Art 22................      1036
  Freedom of thought, conscience     Art 18................      1035
   and religion.
  Human Rights Committee...........  Art 28................      1037
                                     Art 29................      1037
                                     Art 30................      1038
                                     Art 31................      1038
                                     Art 32................      1038
                                     Art 33................      1038
                                     Art 34................      1039
                                     Art 35................      1039
                                     Art 36................      1039
                                     Art 37................      1039
                                     Art 38................      1039
                                     Art 39................      1039
                                     Art 40................      1040
                                     Art 41................      1040
                                     Art 45................      1043
  Necessary measures...............  Art 2.................      1030
  Notifications....................  Art 52................      1045
  Peaceful assembly................  Art 21................      1036
  Propaganda for war...............  Art 20................      1035
  Public emergency.................  Art 4.................      1030
  Rights
    Child..........................  Art 24................      1036
    Cultural.......................  Art 27................      1037
    Freedoms.......................  Art 5.................      1031
    Holding opinions without         Art 19................      1035
     interference.
    Liberty and security rights....  Art 9.................      1032
    Liberty of movement............  Art 12................      1033
    Life...........................  Art 6.................      1031
    Natural wealth and resources...  Art 47................      1043
    Recognition....................  Art 16................      1035
    Self-determination.............  Art 1.................      1029
  Signature........................  Art 48................      1044
  Slavery..........................  Art 8.................      1031
  Torture..........................  Art 7.................      1031
  U.N. Charter provisions..........  Art 46................      1043
  Unlawful interference............  Art 17................      1035
International crime. See Crime and
 law enforcement
International Development
 Association
  Articles of Agreement............  TIAS 4607.............      1210
    Additional subscriptions.......  TIAS 4607 Art III Sec       1212
                                      1.
    Amendments proposal............  TIAS 4607 Art IX Sec 1      1225
    Application....................  TIAS 4607 Art VIII Sec      1225
                                      10.
    Arbitration....................  TIAS 4607 Art X.......      1226
    Association inauguration.......  TIAS 4607 Art XI Sec 4      1227
    Association status.............  TIAS 4607 Art VIII Sec      1223
                                      2.
    Association structure..........  TIAS 4607 Art VI Sec 1      1217
    Board of Governors.............  TIAS 4607 Art VI Sec 2      1217
    Communications.................  TIAS 4607 Art VI Sec        1220
                                      10.
International Development
 Association--Continued
  Articles of Agreement--Continued
    Communications--Continued
                                     TIAS 4607 Art VIII Sec      1224
                                      7.
    Cooperation with international   TIAS 4607 Art V Sec 4.      1216
     organizations and members
     providing development
     assistance.
    Currencies use.................  TIAS 4607 Art IV Sec 1      1213
    Currency holdings value          TIAS 4607 Art IV Sec 2      1214
     maintenance.
    Depositories...................  TIAS 4607 Art VI Sec 9      1220
    Entry into force...............  TIAS 4607 Art XI Sec 1      1226
    Executive Directors............  TIAS 4607 Art VI Sec 4      1218
    Financing conditions...........  TIAS 4607 Art V Sec 1.      1215
    Financing form and terms.......  TIAS 4607 Art V Sec 2.      1215
    Freedom of assets from           TIAS 4607 Art VIII Sec      1224
     restrictions.                    6.
    Immunity of archives...........  TIAS 4607 Art VIII Sec      1224
                                      5.
    Immunity of assets from seizure  TIAS 4607 Art VIII Sec      1224
                                      4.
    Initial subscriptions..........  TIAS 4607 Art II Sec 2      1211
                                     TIAS 4607 Schedule A..      1228
    Interpretation.................  TIAS 4607 Art X.......      1226
    Liability limitation...........  TIAS 4607 Art II Sec 3      1212
    Membership.....................  TIAS 4607 Art II Sec 1      1211
      Suspension of................  TIAS 4607 Art VII Sec       1221
                                      2.
    Net income disposition.........  TIAS 4607 Art VI Sec        1220
                                      12.
    Officers and employees           TIAS 4607 Art VIII Sec      1224
     immunities and privileges.       8.
    Offices location...............  TIAS 4607 Art VI Sec 8      1220
    Operations.....................  TIAS 4607 Art V Sec 5.      1216
    Political activity prohibition.  TIAS 4607 Art V Sec 6.      1217
    Position of the Association      TIAS 4607 Art VIII Sec      1224
     with regard to judicial          3.
     process.
    President......................  TIAS 4607 Art VI Sec 5      1219
    Purposes.......................  TIAS 4607 Art I.......      1210
    Registration...................  TIAS 4607 Art XI Sec 5      1227
    Relations with international     TIAS 4607 Art VI Sec 7      1220
     organizations.
    Relationship to the Bank.......  TIAS 4607 Art VI Sec 6      1219
    Reports........................  TIAS 4607 Art VI Sec        1220
                                      11.
    Resources use..................  TIAS 4607 Art V Sec 1.      1215
    Rights and duties of             TIAS 4607 Art VII Sec       1221
     governments ceasing to be        4.
     members.
    Signature......................  TIAS 4607 Art XI Sec 2      1226
    Staff..........................  TIAS 4607 Art VI Sec 5      1219
    Status, immunities and           TIAS 4607 Art VIII Sec      1223
     privileges scope.                1.
    Supplementary resources          TIAS 4607 Art III Sec       1213
     provided by a member.            2.
    Suspension of operations and     TIAS 4607 Art VII Sec       1223
     settlement of obligations.       5.
    Suspension or cessation of       TIAS 4607 Art VII Sec       1221
     membership in Bank.              3.
    Taxation immunities............  TIAS 4607 Art VIII Sec      1225
                                      9.
    Terms of financing               TIAS 4607 Art V Sec 3.      1216
     modifications.
    Territorial application........  TIAS 4607 Art XI Sec 3      1227
    Voting.........................  TIAS 4607 Art VI Sec 3      1218
    Withdrawal from membership.....  TIAS 4607 Art VII Sec       1220
                                      1.
International Energy Program.......  TIAS 8278.............      2114
  Implementation...................  TIAS 8278 Art 1.......      2115
International Energy Program
 Agreement
  Accession........................  TIAS 8278 Art 71......      2135
                                     TIAS 8278 Art 72......      2136
  Activation.......................  TIAS 8278 Art 12......      2118
  Allocation.......................  TIAS 8278 Art 6.......      2116
International Energy Program
 Agreement--Continued
  Allocation--Continued
                                     TIAS 8278 Art 7.......      2117
                                     TIAS 8278 Art 8.......      2117
                                     TIAS 8278 Art 9.......      2118
  Amendment proposal...............  TIAS 8278 Art 73......      2136
  Authentic texts..................  TIAS 8278 Art 76......      2136
  Base period......................  TIAS 8278 Art 18......      2120
  Consultation with oil companies..  TIAS 8278 Art 37......      2126
  Daily emergency reserve drawdown   TIAS 8278 Art 15......      2119
   obligations.
                                     TIAS 8278 Art 20......      2121
  Deactivation.....................  TIAS 8278 Art 23......      2122
  Demand restraint.................  TIAS 8278 Art 5.......      2116
                                     TIAS 8278 Art 16......      2119
  Emergency measures...............  TIAS 8278 Art 22......      2122
                                     TIAS 8278 Art 24......      2122
  Emergency reserves...............  TIAS 8278 Annex.......      2136
                                     TIAS 8278 Art 3.......      2115
  Emergency self-sufficiency.......  TIAS 8278 Art 2.......      2115
  Entry into force.................  TIAS 8278 Art 69......      2135
  Fair treatment...................  TIAS 8278 Art 10......      2118
  Financial arrangements...........  TIAS 8278 Art 64......      2133
  Governing Board..................  TIAS 8278 Art 50......      2129
                                     TIAS 8278 Art 51......      2129
                                     TIAS 8278 Art 52......      2130
  Implementation...................  TIAS 8278 Art 66......      2134
  Information provision............  TIAS 8278 Art 27......      2123
  Information system on the          TIAS 8278 Art 25......      2122
   international oil market.
                                     TIAS 8278 Art 26......      2123
  Institutional provisions.........  TIAS 8278 Art 49......      2129
  Long term cooperation on energy..  TIAS 8278 Art 41......      2127
  Management Committee.............  TIAS 8278 Art 43......      2128
                                     TIAS 8278 Art 53......      2130
  Non-proprietary basis information  TIAS 8278 Art 28......      2124
   provision.
  Notification.....................  TIAS 8278 Art 67......      2134
                                     TIAS 8278 Art 75......      2136
  Preservation of oil trade          TIAS 8278 Art 11......      2118
   patterns.
  Provisional application..........  TIAS 8278 Art 68......      2135
  Reduction in daily rate of oil     TIAS 8278 Art 13......      2119
   supplies.
                                     TIAS 8278 Art 14......      2119
                                     TIAS 8278 Art 17......      2119
  Relations with other entities....  TIAS 8278 Art 63......      2133
  Relations with producer and        TIAS 8278 Art 44......      2128
   consumer countries.
                                     TIAS 8278 Art 45......      2128
                                     TIAS 8278 Art 46......      2128
                                     TIAS 8278 Art 47......      2128
  Reports..........................  TIAS 8278 Art 19......      2120
                                     TIAS 8278 Art 29......      2124
                                     TIAS 8278 Art 30......      2124
                                     TIAS 8278 Art 35......      2125
  Request for findings.............  TIAS 8278 Art 21......      2121
  Review...........................  TIAS 8278 Art 74......      2136
  Secretariat......................  TIAS 8278 Art 59......      2131
                                     TIAS 8278 Art 60......      2131
  Signature........................  TIAS 8278 Art 70......      2135
  Special activities...............  TIAS 8278 Art 65......      2134
  Special Section of the             TIAS 8278 Art 32......      2124
   Information System.
                                     TIAS 8278 Art 33......      2125
  Standing Group on Emergency        TIAS 8278 Art 4.......      2116
   Questions.
International Energy Program
 Agreement--Continued
  Standing Group on Emergency
   Questions--Continued
                                     TIAS 8278 Art 34......      2125
                                     TIAS 8278 Art 36......      2125
                                     TIAS 8278 Art 55......      2130
  Standing Group on Long Term        TIAS 8278 Art 42......      2127
   Cooperation.
                                     TIAS 8278 Art 57......      2131
  Standing Group on Relations with   TIAS 8278 Art 48......      2129
   Producer and other Consumer
   Countries.
                                     TIAS 8278 Art 58......      2131
  Standing Group on the Oil Market.  TIAS 8278 Art 31......      2124
                                     TIAS 8278 Art 38......      2126
                                     TIAS 8278 Art 39......      2126
                                     TIAS 8278 Art 40......      2126
                                     TIAS 8278 Art 56......      2130
  Standing Groups..................  TIAS 8278 Art 54......      2130
  Voting...........................  TIAS 8278 Art 61......      2131
                                     TIAS 8278 Art 62......      2132
International Finance Corporation
  Articles of Agreement............  TIAS 3620.............      1231
    Amendments proposal............  TIAS 3620 Art VII.....      1243
    Application....................  TIAS 3620 Art VI Sec        1243
                                      10.
    Arbitration....................  TIAS 3620 Art VIII....      1244
    Board of Directors.............  TIAS 3620 Art IV Sec 4      1236
    Board of Governors.............  TIAS 3620 Art IV Sec 2      1235
    Capital stock..................  TIAS 3620 Art II Sec 2      1232
    Chairman.......................  TIAS 3620 Art IV Sec 5      1237
    Communications.................  TIAS 3620 Art IV Sec        1238
                                      10.
                                     TIAS 3620 Art VI Sec 7      1242
    Corporation status.............  TIAS 3620 Art VI Sec 2      1241
    Corporation structure..........  TIAS 3620 Art IV Sec 1      1235
    Currencies valuation...........  TIAS 3620 Art III Sec       1235
                                      7.
    Depositories...................  TIAS 3620 Art IV Sec 9      1238
    Dividends......................  TIAS 3620 Art IV Sec        1239
                                      12.
    Entry into force...............  TIAS 3620 Art IX Sec 1      1244
    Financing operations...........  TIAS 3620 Art III Sec       1233
                                      1.
    Foreign exchange restrictions    TIAS 3620 Art III Sec       1234
     applicability.                   5.
    Forms of financing.............  TIAS 3620 Art III Sec       1233
                                      2.
    Freedom of assets from           TIAS 3620 Art VI Sec 6      1242
     restrictions.
    Immunity of archives...........  TIAS 3620 Art VI Sec 5      1242
    Immunity of assets from seizure  TIAS 3620 Art VI Sec 4      1242
    Inauguration of the corporation  TIAS 3620 Art IX Sec 3      1245
    Interpretation.................  TIAS 3620 Art VIII....      1244
    Liability limitation...........  TIAS 3620 Art II Sec 4      1233
    Membership.....................  TIAS 3620 Art II Sec 1      1232
      Suspension of................  TIAS 3620 Art V Sec 2.      1239
    Officers and employees           TIAS 3620 Art VI Sec 8      1242
     immunities and privileges.
    Offices location...............  TIAS 3620 Art IV Sec 8      1238
    Operational principles.........  TIAS 3620 Art III Sec       1233
                                      3.
    Operations.....................  TIAS 3620 Art III Sec       1234
                                      6.
    Political activity prohibition.  TIAS 3620 Art III Sec       1235
                                      9.
    Position of the Corporation      TIAS 3620 Art VI Sec 3      1242
     with regard to judicial
     process.
    President......................  TIAS 3620 Art IV Sec 5      1237
    Protection of interests........  TIAS 3620 Art III Sec       1234
                                      4.
    Purpose........................  TIAS 3620 Art I.......      1231
    Relations with international     TIAS 3620 Art IV Sec 7      1238
     organizations.
    Relationship to the Bank.......  TIAS 3620 Art IV Sec 6      1238
    Reports........................  TIAS 3620 Art IV Sec        1239
                                      11.
    Rights and duties of             TIAS 3620 Art V Sec 4.      1240
     governments ceasing to be
     members.
    Signature......................  TIAS 3620 Art IX Sec 2      1244
International Finance Corporation--
 Continued
  Articles of Agreement--Continued
    Staff..........................  TIAS 3620 Art IV Sec 5      1237
    Status, immunities and           TIAS 3620 Art VI Sec 1      1241
     privileges scope.
    Subscriptions..................  TIAS 3620 Art II Sec 3      1232
    Suspension of operations and     TIAS 3620 Art V Sec 5.      1241
     settlement of obligations.
    Suspension or cessation of       TIAS 3620 Art V Sec 3.      1239
     membership in the Bank.
    Taxation immunities............  TIAS 3620 Art VI Sec 9      1243
    Voting.........................  TIAS 3620 Art IV Sec 3      1236
    Waiver.........................  TIAS 3620 Art VI Sec        1243
                                      11.
    Warning to be placed on          TIAS 3620 Art III Sec       1235
     securities.                      8.
    Withdrawal from membership.....  TIAS 3620 Art V Sec 1.      1239
  International Bank for             TIAS 1503 Art III Sec       1189
   Reconstruction and Development     6.
   loans.
International Fund for Agricultural  50 UST 8435...........         5
 Development
  Amendments.......................  50 UST 8435 Art 12....        18
  Arbitration......................  50 UST 8435 Art 11....        18
  Authoritative texts..............  50 UST 8435 Art 13....        20
  Currencies.......................  50 UST 8435 Art 5.....         9
  Definitions......................  50 UST 8435 Art 1.....         6
  Entry into force.................  50 UST 8435 Art 13....        20
  Executive Board..................  50 UST 8435 Sch II....        24
  Interpretation...................  50 UST 8435 Art 11....        18
  Legal status.....................  50 UST 8435 Art 10....        17
  List C Member Countries..........  50 UST 8435 Sch II....        26
  Member States distribution among   50 UST 8435 Sch III...        28
   categories.
  Membership.......................  50 UST 8435 Art 3.....         7
    Suspension of..................  50 UST 8435 Art 9.....        16
  Objective and functions..........  50 UST 8435 Art 2.....         6
  Operations.......................  50 UST 8435 Art 7.....        13
  Organization and management......  50 UST 8435 Art 6.....         9
  Pledges of initial contributions.  50 UST 8435 Sch I.....        22
  Privileges and immunities........  50 UST 8435 Art 10....        17
  Relations with organizations,      50 UST 8435 Art 8.....        16
   institutions and agencies.
  Reservations.....................  50 UST 8435 Art 13....        20
  Resources........................  50 UST 8435 Art 4.....         7
  Signature, ratification,           50 UST 8435 Art 13....        19
   acceptance, approval and
   accession.
  States eligible for original       50 UST 8435 Sch I.....        21
   membership.
  Termination of operations........  50 UST 8435 Art 9.....        16
  U.N. relations...................  50 UST 8435 Art 8.....        15
  Withdrawal.......................  50 UST 8435 Art 9.....        16
International Grains Agreement. See
 Food Aid Convention, 1999
International Grains Council. See
 Grains Trade Convention, 1995
International Labor Standards......  ILO Conv No 144.......      1048
  Administrative support...........  ILO Conv No 144 Art 4.      1050
  Authentic text...................  ILO Conv No 144 Art 14      1052
  Communications...................  ILO Conv No 144 Art 11      1052
  Consultations....................  ILO Conv No 144 Art 2.      1050
                                     ILO Conv No 144 Art 5.      1050
  Denunciation.....................  ILO Conv No 144 Art 9.      1051
  Duration.........................  ILO Conv No 144 Art 13      1052
  Entry into force.................  ILO Conv No 144 Art 8.      1051
  Freedom of association...........  ILO Conv No 144 Art 1.      1049
  Notification.....................  ILO Conv No 144 Art 10      1051
  Ratifications....................  ILO Conv No 144 Art 7.      1051
  Report...........................  ILO Conv No 144 Art 6.      1051
International Labor Standards--
 Continued
  Report--Continued
                                     ILO Conv No 144 Art 12      1052
  Representatives of employers and   ILO Conv No 144 Art 3.      1050
   workers.
International Labour Organisation.
 See also ILO Convention Concerning
 Child Labour; ILO Convention
 Concerning Mines Safety and Health
  Abolition of forced labor........  ILO Conv No 105.......      1046
    Authentic texts................  ILO Conv No 105 Art 10      1048
    Communications.................  ILO Conv No 105 Art 3.      1047
                                     ILO Conv No 105 Art 7.      1048
    Denunciation...................  ILO Conv No 105 Art 5.      1047
    Effective measures.............  ILO Conv No 105 Art 2.      1047
    Entry into force...............  ILO Conv No 105 Art 4.      1047
    Function of Conv...............  ILO Conv No 105 Art 1.      1046
    Notification...................  ILO Conv No 105 Art 6.      1047
    Reports........................  ILO Conv No 105 Art 8.      1048
  Child Labour, Convention           ......................      1052
   Concerning.
  International Labor Standards....  ILO Conv No 144.......      1049
  Mines Safety and Health, ILO       ......................      1058
   Convention Concerning.
International liability for damage
 by space objects. See Damage by
 space objects.
International Monetary Fund
  Articles of Agreement............  TIAS 1501.............      1086
    Action of Fund relating to       TIAS 1501 Art XIV Sec       1112
     restrictions.                    3.
    Additional subscriptions         TIAS 1501 Schedule B..      1130
     payment.
    Adjustment of quotas...........  TIAS 1501 Art III Sec       1087
                                      2.
    Agencies dealing with the fund.  TIAS 1501 Art V Sec 1.      1091
    Amendments proposal............  TIAS 1501 Art XXVIII..      1126
    Board of Governors.............  TIAS 1501 Art XII Sec       1106
                                      2.
    Capital transfers..............  TIAS 1501 Art VI......      1099
    Charges........................  TIAS 1501 Art V Sec 8.      1095
    Communication of views to        TIAS 1501 Art XII Sec       1111
     members.                         8.
    Computations...................  TIAS 1501 Art V Sec 10      1096
    Consultation regarding existing  TIAS 1501 Art VIII Sec      1103
     international agreements.        6.
    Council........................  TIAS 1501 Schedule D..      1133
    Depositories...................  TIAS 1501 Art XIII Sec      1111
                                      2.
    Designation....................  TIAS 1501 Schedule F..      1135
    Designation of participants to   TIAS 1501 Art XIX Sec       1118
     provide currency.                5.
    Discriminatory currency          TIAS 1501 Art VIII Sec      1101
     practices avoidance.             3.
    Distribution of net income.....  TIAS 1501 Art XII Sec       1109
                                      6.
    Emergency provisions...........  TIAS 1501 Art XXIII         1121
                                      Sec 1.
                                     TIAS 1501 Art XXVII...      1125
    Entry into force...............  TIAS 1501 Art XXXI Sec      1128
                                      1.
    Exchange arrangements..........  TIAS 1501 Art IV Sec 2      1089
    Exchange arrangements            TIAS 1501 Art IV Sec 1      1089
     obligations.
    Exchange rates.................  TIAS 1501 Art XIX Sec       1119
                                      7.
    Exchange restrictions..........  TIAS 1501 Art XIV Sec       1112
                                      2.
    Executive Board................  TIAS 1501 Art XII Sec       1107
                                      3.
    Executive Directors election...  TIAS 1501 Schedule E..      1134
    Failure to fulfill obligations.  TIAS 1501 Art XXIII         1121
                                      Sec 2.
    Foreign-held balances            TIAS 1501 Art VIII Sec      1102
     convertibility.                  4.
    Fund as a holder...............  TIAS 1501 Art XVII Sec      1114
                                      2.
    Fund status....................  TIAS 1501 Art IX......      1103
    Fund structure.................  TIAS 1501 Art XII Sec       1106
                                      1.
    General Department.............  TIAS 1501 Art XVI.....      1113
    General Department               TIAS 1501 Art XXI.....      1120
     administration.
    General obligations of           TIAS 1501 Art XXII....      1121
     participants.
    General resources account        TIAS 1501 Art XXIV Sec      1123
     transactions.                    6.
International Monetary Fund--
 Continued
  Articles of Agreement--Continued
    General resources use            TIAS 1501 Art V Sec 3.      1091
     conditions.
    General resources use            TIAS 1501 Art V Sec 5.      1093
     ineligibility.
    Gold transitional provisions...  TIAS 1501 Schedule B..      1130
    Guarantee of Fund's assets.....  TIAS 1501 Art XIII Sec      1112
                                      3.
    Holders........................  TIAS 1501 Art XVII Sec      1114
                                      2.
    Immunities.....................  TIAS 1501 Art IX......      1103
    Information requirements.......  TIAS 1501 Art VIII Sec      1102
                                      5.
    Interest and charges...........  TIAS 1501 Art XXIV Sec      1123
                                      3.
    Interpretation.................  TIAS 1501 Art XXIX....      1126
    Investment.....................  TIAS 1501 Art XII Sec       1109
                                      6.
    Liquidation administration.....  TIAS 1501 Schedule K..      1140
    Liquidation of the Fund........  TIAS 1501 Art XXVII         1126
                                      Sec 2.
    Maintenance of value...........  TIAS 1501 Art V Sec 11      1097
    Managing Director and staff....  TIAS 1501 Art XII Sec       1108
                                      4.
    Member obligations.............  TIAS 1501 Art VIII....      1101
    Membership.....................  TIAS 1501 Art II......      1087
    Non-member countries relations.  TIAS 1501 Art XI......      1105
    Notification to the Fund.......  TIAS 1501 Art XIV Sec       1112
                                      1.
    Obligation to provide currency.  TIAS 1501 Art XIX Sec       1118
                                      4.
    Offices location...............  TIAS 1501 Art XIII Sec      1111
                                      1.
    Operational matters              TIAS 1501 Schedule B..      1130
     transitional provisions.
    Operations and transactions....  TIAS 1501 Art V Sec 12      1097
    Operations and transactions      TIAS 1501 Art XIX Sec       1117
     between participants.            2.
    Operations and transactions      TIAS 1501 Art V Sec 2.      1091
     limitation.
    Organization and management....  TIAS 1501 Art XII.....      1106
    Par values.....................  TIAS 1501 Art IV Sec 4      1090
                                     TIAS 1501 Schedule C..      1131
    Participants...................  TIAS 1501 Art XVII Sec      1114
                                      1.
    Payments when quotas are         TIAS 1501 Art III Sec       1088
     changed.                         3.
    Privileges.....................  TIAS 1501 Art IX......      1103
    Purposes.......................  TIAS 1501 Art I.......      1086
    Quotas.........................  TIAS 1501 Art III Sec       1087
                                      1.
                                     TIAS 1501 Schedule A..      1129
    Reconstitution.................  TIAS 1501 Art XIX Sec       1118
                                      6.
                                     TIAS 1501 Schedule G..      1135
    Relations with other             TIAS 1501 Art X.......      1105
     international organizations.
    Remuneration...................  TIAS 1501 Art V Sec 9.      1096
    Replenishment of holdings......  TIAS 1501 Art VII.....      1100
    Reports........................  TIAS 1501 Art XII Sec       1111
                                      7.
    Repurchase of currency held by   TIAS 1501 Art V Sec 7.      1093
     the Fund.
    Repurchase provisions..........  TIAS 1501 Schedule B..      1130
    Requirement of need............  TIAS 1501 Art XIX Sec       1117
                                      3.
    Reserve assets policies          TIAS 1501 Art VIII Sec      1103
     collaboration.                   7.
    Reserves.......................  TIAS 1501 Art XII Sec       1109
                                      6.
    Restrictions on current          TIAS 1501 Art VIII Sec      1101
     payments avoidance.              2.
    Scarce currencies..............  TIAS 1501 Art VII.....      1100
    Separate currencies within a     TIAS 1501 Art IV Sec 5      1090
     member's territories.
    Settlement of accounts with      TIAS 1501 Schedule J..      1139
     withdrawing members.
    Settlement of obligation to a    TIAS 1501 Art XXIV Sec      1123
     terminating participant.         5.
    Settlement of obligation to the  TIAS 1501 Art XXIV Sec      1123
     Fund.                            4.
    Signature......................  TIAS 1501 Art XXXI Sec      1128
                                      2.
    Special drawing rights.........  TIAS 1501 Art XV......      1113
      Allocation and cancellation..  TIAS 1501 Art XVIII...      1114
      Purchases and sales..........  TIAS 1501 Art V Sec 6.      1093
      Uses.........................  TIAS 1501 Art XIX Sec       1117
                                      1.
    Special Drawing Rights           TIAS 1501 Art XVI.....      1113
     Department.
      Administration...............  TIAS 1501 Art XXI.....      1120
International Monetary Fund--
 Continued
  Articles of Agreement--Continued
    Special Drawing Rights
     Department--Continued
      Interest and charges.........  TIAS 1501 Art XX......      1119
      Liquidation..................  TIAS 1501 Art XXV.....      1124
                                     TIAS 1501 Schedule I..      1137
    Subscriptions payment..........  TIAS 1501 Art III Sec       1087
                                      1.
    Substitution of securities for   TIAS 1501 Art III Sec       1088
     currency.                        4.
    Surveillance over exchange       TIAS 1501 Art IV Sec 3      1090
     arrangements.
    Suspension of operations and     TIAS 1501 Art XXIII...      1121
     transactions.
    Temporary suspension...........  TIAS 1501 Art XXVII         1125
                                      Sec 1.
    Termination of participation...  TIAS 1501 Art XXIV....      1122
                                     TIAS 1501 Art XXIV Sec      1122
                                      1.
                                     TIAS 1501 Schedule H..      1136
    Termination settlement.........  TIAS 1501 Art XXIV Sec      1122
                                      2.
    Terms explanation..............  TIAS 1501 Art XXX.....      1127
    Transitional arrangements......  TIAS 1501 Art XIV.....      1112
    Voting.........................  TIAS 1501 Art XII Sec       1109
                                      5.
    Voting rights suspension.......  TIAS 1501 Schedule L..      1142
    Waiver of conditions...........  TIAS 1501 Art V Sec 4.      1092
    Withdrawal from membership.....  TIAS 1501 Art XXVI....      1124
  Cessation of membership..........  TIAS 1503 Art VI Sec 3      1199
  General Arrangements to Borrow...  Dec 1289-(62/1).......      1144
  General Arrangements to Borrow     Dec 7337-(83/37)......      1154
   Revision.
  New Arrangements to Borrow.......  Dec 11428-(97/6)......      1168
  Saudi Arabia borrowing             Dec 7403-(83/73)......      1163
   arrangements.
International organizations. See
 also International Court of
 Justice; International Labour
 Organisation; United Nations
  International Telecommunication    Art 22................      1691
   Union relations.
                                     Art 50................      1655
  World Trade Organization           ......................      1624
   Agreement.
International Plant Protection       ......................      2231
 Convention.
  Amendment proposals..............  Art XXI...............      2243
  Commission on Phytosanitary        Art XI................      2238
   Measures.
  Definitions......................  Art II................      2232
  Denunciation.....................  Art XXIII.............      2244
  Disputes settlement..............  Art XIII..............      2240
  Entry into force.................  Art XXII..............      2244
  Imports requirements.............  Art VII...............      2235
  International cooperation........  Art VIII..............      2237
  Languages........................  Art XIX...............      2242
  Non-contracting parties..........  Art XVIII.............      2242
  Organizational arrangements for    Art IV................      2233
   national plant protection.
  Phytosanitary certification......  Art V.................      2234
  Purpose and responsibility.......  Art I.................      2231
  Ratification and adherence.......  Art XVII..............      2242
  Regional plant protection          Art IX................      2238
   organizations.
  Regulated pests..................  Art VI................      2235
  Relationship with other            Art III...............      2233
   international agreements.
  Secretariat......................  Art XII...............      2239
  Standards........................  Art X.................      2238
  Substitution of prior agreements.  Art XIV...............      2241
  Supplementary agreements.........  Art XVI...............      2241
  Technical assistance.............  Art XX................      2243
  Territorial application..........  Art XV................      2241
International scientific
 cooperation. See Space exploration
International Space Station. See
 Civil International Space Station
International Telecommunication
 Union
  Constitution.....................  ......................      1635
    Accession......................  Art 53................      1656
    Administrative regulations.....  Art 54................      1657
    Amendments proposals...........  Art 55................      1658
    Composition....................  Art 2.................      1637
    Coordination Committee.........  Art 26................      1648
    Council........................  Art 10................      1641
    Definitions....................  Annex.................      1660
                                     Art 5.................      1638
    Denunciation...................  Art 57................      1659
    Disputes settlement............  Art 56................      1659
    Distress calls and messages....  Art 46................      1655
    Elected officials and staff....  Art 27................      1648
    Elections......................  Art 9.................      1640
    Entry into force...............  Art 58................      1659
    Execution......................  Art 6.................      1639
    False or deceptive distress,     Art 47................      1655
     urgency, safety or
     identification signals.
    Finances.......................  Art 28................      1649
    General rules of conferences,    Art 32................      1651
     assemblies and meetings.
    General Secretariat............  Art 11................      1642
    Installations for national       Art 48................      1655
     defense services.
    Instruments....................  Art 4.................      1638
    Interference...................  Art 45................      1654
    International organizations      Art 50................      1655
     relations.
    Languages......................  Art 29................      1651
    Legal capacity.................  Art 31................      1651
    Non-member states relations....  Art 51................      1655
    Notification of infringements..  Art 39................      1653
    Plenipotentiary Conference.....  Art 8.................      1639
    Purposes.......................  Art 1.................      1635
    Radio-frequency spectrum and     Art 44................      1654
     geostationary-satellite orbit
     use.
    Radio Regulations Board........  Art 14................      1643
    Radiocommunication Bureau......  Art 16................      1644
    Radiocommunication
      Conferences and assemblies...  Art 13................      1643
      Sector functions and           Art 12................      1642
       structure.
      Study groups and advisory      Art 15................      1644
       group.
    Ratification, acceptance or      Art 52................      1656
     approval.
    Regional conferences,            Art 43................      1654
     arrangements and organizations.
    Responsibility.................  Art 36................      1652
    Rights and obligations of        Art 3.................      1637
     Member States and Sector
     Members.
    Seat...........................  Art 30................      1651
    Structure......................  Art 7.................      1639
    Suspension of services.........  Art 35................      1652
    Telecommunication Development    Art 24................      1648
     Bureau.
    Telecommunication Development    Art 21................      1646
     Sector functions and structure.
    Telecommunication                Art 20................      1646
     Standardization Bureau.
    Telecommunication                Art 17................      1645
     Standardization Sector
     functions and structure.
    Telecommunications
      Development conferences......  Art 22................      1647
International Telecommunication
 Union--Continued
  Constitution--Continued
    Telecommunications--Continued
      Development study groups and   Art 23................      1648
       advisory group.
      Establishment, operation and   Art 38................      1653
       protection of channels and
       installations.
      Government riority...........  Art 41................      1653
      Priority concerning safety of  Art 40................      1653
       life.
      Right of public to use         Art 33................      1652
       international service.
      Secrecy......................  Art 37................      1653
      Standardization study groups   Art 19................      1645
       and advisory group.
      Stoppage.....................  Art 34................      1652
                                     Art 42................      1654
      World conferences............  Art 25................      1648
      World standardization          Art 18................      1645
       assemblies.
    U.N. relations.................  Art 49................      1655
  Convention.......................  ......................      1662
    Amendment provisions...........  Art 42................      1701
    Arbitration procedure..........  Art 41................      1700
    Charges and free services......  Art 36................      1698
    Conferences and assemblies.....  Art 3.................      1664
    Coordination Committee.........  Art 6.................      1671
    Council........................  Art 4.................      1666
    Credentials for conferences....  Art 31................      1693
    Definitions....................  Annex.................      1702
    Elections......................  Art 2.................      1662
    Finances.......................  Art 33................      1696
    Financial responsibilities of    Art 34................      1698
     conferences.
    General Secretariat............  Art 5.................      1669
    Intercommunication.............  Art 39................      1699
    International organizations      Art 22................      1691
     relations.
    Languages......................  Art 35................      1698
    Monetary unit..................  Art 38................      1699
    Participation of entities and    Art 19................      1687
     organizations.
    Plenipotentiary Conference.....  Art 1.................      1662
    Plenipotentiary conferences      Art 23................      1692
     invitation and admission.
    Radio Regulations Board........  Art 10................      1674
    Radiocommunication Bureau......  Art 12................      1677
    Radiocommunications
      Advisory group...............  Art 11A...............      1677
      Assembly.....................  Art 8.................      1673
                                     Art 25................      1693
      Conferences invitation and     Art 24................      1692
       admission.
      Study groups.................  Art 11................      1676
      Regional conferences.........  Art 9.................      1674
      World conference.............  Art 7.................      1672
    Recommendations from other       Art 21................      1691
     conferences.
    Rendering and settlement of      Art 37................      1698
     accounts.
    Reservations...................  Art 32B...............      1695
    Right to vote..................  Art 32A...............      1695
    Rules of procedure of            Art 32................      1694
     conferences.
    Secret language................  Art 40................      1699
    Study groups conduct of          Art 20................      1689
     business.
    Telecommunication Development    Art 17A...............      1685
     Advisory Group.
International Telecommunication
 Union--Continued
  Convention--Continued
    Telecommunication Development    Art 18................      1686
     Bureau.
    Telecommunication                Art 14A...............      1682
     Standardization Advisory Group.
    Telecommunication                Art 15................      1682
     Standardization Bureau.
    Telecommunications
      Development conferences......  Art 16................      1684
                                     Art 25................      1693
      Development study groups.....  Art 17................      1685
      Standardization study groups.  Art 14................      1681
      World standardization          Art 13................      1680
       assembly.
                                     Art 25................      1693
International trade functions. See
 Foreign economic policy
Iran
  Algerian Declaration.............  ......................      1520
  U.S.-Iran claims settlement......  ......................      1525
Israel
  MFO Agreement....................  TIAS 10557............       754
Italy
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       392
ITU. See International
 Telecommunication Union
 
 
                                    J
 
Japan
  Antarctic Treaty.................  12 UST 794............       481
  U.S.-Japan Security Treaty.......  11 UST 1632...........       748
Joint Consultative Group
  Establishment of.................  Treaty Doc 102-8 Art         476
                                      XVI.
Jordan. See Bilateral Investment
 Treaty between United States and
 Jordan
 
 
                                    K
 
Korea
  U.S.-Korea Defense Treaty........  5 UST 2368............       742
 
 
                                    L
 
Labor. See also International
 Labour Organisation
  Bilateral Free Trade Agreement
   between United States and Chile
    Cooperative consultations......  Art 18.6..............      1930
    Definitions....................  Art 18.8..............      1931
    Labor Affairs Council..........  Art 18.4..............      1929
    Labor cooperation mechanism....  Art 18.5..............      1930
    Labor law enforcement..........  Art 18.2..............      1928
    Labor roster...................  Art 18.7..............      1931
    Procedural guarantees and        Art 18.3..............      1929
     public awareness.
    Statement of shared commitment.  Art 18.1..............      1928
Languages
  English language text............  11 FAM 725.5..........        79
  Foreign language text certificate  11 FAM 724.6..........        75
  Official and working languages of  11 FAM 743............        88
   international treaty conference.
Latin America
  Act of Bogota....................  ......................       569
  Charter of Punta del Este........  ......................       576
    Alliance for Progress             Title I..............       576
     objectives.
    Basic export commodities.......   Title IV.............       586
    Economic and social development   Title II.............       578
    Economic integration of Latin     Title III............       584
     America.
  OAS Charter......................  2 UST 2394............       539
  Panama Canal: Permanent            33 UST 1..............       590
   neutrality and operation.
  Panama Canal: Permanent            33 UST 1..............       597
   Neutrality and Operation,
   Protocol.
  Panama Canal Treaty..............  TIAS 10030............       600
    Documents......................  ......................       694
    Implementation of Article III..  TIAS 10031............       621
    Implementation of Article IV...  TIAS 10032............       662
  Prohibition of nuclear weapons in  22 UST 762............       487
   Latin America.
  Prohibition of Nuclear Weapons in  33 UST 1796...........       504
   Latin America, Protocol I.
  Prohibition of Nuclear Weapons in  22 UST 754............       501
   Latin America, Protocol II.
  Rio Treaty.......................  TIAS 1838.............       533
Latvia
  North Atlantic Treaty
    Latvia Protocol................  Treaty Doc 108-4......       727
Law enforcement. See Crime and law
 enforcement
Law of the Seas. See also Maritime
 legislation
  Convention for the Prohibition of  1899 UNTS 3...........      1986
   Fishing with Long Driftnets.
  Convention on Continental Shelf..   15 UST 471...........      1982
  Convention on Fishing and          17 UST 138............      1974
   Conservation of Living Resources.
  Convention on Territorial Sea and   15 UST 1606..........      1957
   Contiguous Zone.
  Convention on the High Seas......   13 UST 2312..........      1965
Lebanon
  General Agreement on Tariffs and
   Trade, 1947.
    List of territories covered by   TIAS 1700 Annex F.....      1579
     arrangements with Syria.
Legal Adviser, Office of the.......  11 FAM 713............        69
Liability for damage by space
 objects. See Damage by space
 objects
Limitation of Anti-Ballistic
 Missile Systems
  ABM test ranges..................  23 UST 3456 Sec B.....       330
  Agreed interpretations...........  23 UST 3456...........       329
                                                                  334
  Covered facilities...............  23 UST 3456 Sec C.....       336
  Heavy ICBMs......................  23 UST 3456 Sec D.....       336
  Increase in ICBM silo dimensions.  23 UST 3456 Sec A.....       335
  Land-based ICBM launchers........  23 UST 3456...........       334
  Land-mobile ICBM launchers.......  23 UST 3456 Sec B.....       335
  Location of ICBM defenses........  23 UST 3456 Sec A.....       330
  Mobile ABM systems...............  23 UST 3456 Sec C.....       331
  No increase in defense of early    23 UST 3456 Sec D.....       334
   warning radars.
  No-transfer article of ABM Treaty  23 UST 3456 Sec C.....       333
  Standing Consultative Commission.  23 UST 3456 Sec B.....       335
                                     23 UST 3456 Sec D.....       331
    Establishment of...............  24 UST 238............       338
  Standstill.......................  23 UST 3456 Sec C.....       335
                                     23 UST 3456 Sec E.....       332
  Tested in ABM mode...............  23 UST 3456 Sec B.....       333
Limitation of Anti-Ballistic
 Missile Systems--Continued
  Unilateral statements............  23 UST 3456...........       332
                                                                  335
  Withdrawal from the ABM Treaty...  23 UST 3456 Sec A.....       332
                                                                  335
Limitation of strategic offensive    23 UST 3462...........       323
 arms.
  Entry into force.................  23 UST 3462 Art VIII..       324
  Intercontinental ballistic         23 UST 3462 Art I.....       323
   missile launchers prohibitions.
                                     23 UST 3462 Art II....       323
  Joint Resolution on Interim        PL 92-448.............       327
   Agreement.
  Modernization and replacement of   23 UST 3462 Art IV....       324
   strategic offensive ballistic
   missiles and launchers.
  National technical means of        23 UST 3462 Art V.....       324
   verification.
  Negotiations.....................  23 UST 3462 Art VII...       324
  Protocol.........................  23 UST 3462...........       325
  Standing Consultative Commission.  23 UST 3462 Art VI....       324
  Submarine-launched ballistic       23 UST 3462 Art III...       323
   missiles launchers prohibitions.
    Threshold Test Ban Treaty......  ......................       210
      Protocol.....................  ......................       211
Limited Nuclear Test Ban Treaty      14 UST 1313...........       207
  Amendment proposal...............  14 UST 1313 Art II....       208
  Authentic texts..................  14 UST 1313 Art V.....       209
  Duration.........................  14 UST 1313 Art IV....       208
  Nuclear explosions prohibition...  14 UST 1313 Art I.....       207
  Signature, ratification and        14 UST 1313 Art III...       208
   accession.
Lithuania
  North Atlantic Treaty
    Lithuania Protocol.............  Treaty Doc 108-4......       728
Living resources. See Convention on
 Fishing and Conservation of Living
 Resources
Luxemburg
  General Agreement on Tariffs and
   Trade, 1947.
    List of territories of the       TIAS 1700 Annex C.....      1578
     Customs Union.
 
 
                                    M
 
Maritime legislation. See also Law
 of the Seas
  Inter-American Convention for the  ......................      1994
   Protection of Sea Turtles.
Mexico. See also Border Environment
 Cooperation Commission
  Border Environment Cooperation     TIAS 12516............      1477
   Commission.
  North American Development Bank..  TIAS 12516............      1477
MFO Agreement. See Multinational
 Force and Observers Agreement
MIGA. See Multilateral Investment
 Guarantee Agency, Convention
 Establishing
Military use of environmental        31 UST 333............       407
 modification.
  Agreements.......................  31 UST 333 Art I......       407
  Amendments proposal..............  31 UST 333 Art VI.....       409
  Authentic texts..................  31 UST 333 Art X......       410
  Conference.......................  31 UST 333 Art VIII...       409
  Consultation.....................  31 UST 333 Art V......       408
  Consultative Committee of Experts  31 UST 333 Annex......       410
  Definition.......................  31 UST 333 Art II.....       408
  Duration.........................  31 UST 333 Art VII....       409
  Obligations......................  31 UST 333 Art IV.....       408
  Rights of States Parties.........  31 UST 333 Art III....       408
Military use of environmental
 modification--Continued
  Signature, ratification and entry  31 UST 333 Art IX.....       410
   into force.
Mines Safety and Health, ILO
 Convention Concerning. See ILO
 Convention Concerning Mines Safety
 and Health
MLAT. See Mutual legal assistance
 treaties
Money laundering. See Crime and law
 enforcement
Montreal Protocol..................  ......................      2176
  Authentic texts..................  Art 20................      2199
  Bromochloromethane...............  Art 2I................      2187
  Calculation of control levels....  Art 3.................      2187
  Carbon tetrachloride.............  Art 2D................      2182
  CFCs.............................  Art 2A................      2179
  Control measures.................  Art 2.................      2177
                                     Art 6.................      2193
  Control of trade with non-parties  Art 4.................      2187
  Control of trade with parties....  Art 4A................      2189
  Controlled substances............  Annex A...............      2200
                                     Annex B...............      2200
                                     Annex C...............      2200
  Data reporting...................  Art 7.................      2193
  Definitions......................  Art 1.................      2177
  Developing countries.............  Art 5.................      2190
  Entry into force.................  Art 16................      2199
  Financial provisions.............  Art 10................      2195
                                     Art 13................      2198
  Fully halogenated CFCs...........  Art 2C................      2181
  Halons...........................  Art 2B................      2180
  Hydrobromofluorocarbons..........  Art 2G................      2185
  Hydrochlorofluorocarbons.........  Art 2F................      2184
  Licensing........................  Art 4B................      2190
  List of products containing        Annex D...............      2202
   controlled substances.
  Meetings of the Parties..........  Art 11................      2197
  Methyl bromide...................  Art 2H................      2185
  Methyl chloroform................  Art 2E................      2183
  Non-compliance...................  Art 8.................      2194
  Parties joining after entry into   Art 17................      2199
   force.
  Relationship to the Convention...  Art 14................      2198
  Research, development, public      Art 9.................      2194
   awareness and information
   exchange.
  Reservations.....................  Art 18................      2199
  Secretariat......................  Art 12................      2198
  Signature........................  Art 15................      2198
  Technology transfer..............  Art 10A...............      2196
  Withdrawal.......................  Art 19................      2199
Multilateral Investment Guarantee    TIAS 12089............      1248
 Agency, Convention establishing
  Accounts.........................  TIAS 12089 Art 29.....      1257
  Agency establishment and status..  TIAS 12089 Art 1......      1248
  Agency structure.................  TIAS 12089 Art 30.....      1257
  Amendment by Council.............  TIAS 12089 Art 59.....      1266
  Amendments proposal..............  TIAS 12089 Art 60.....      1266
  Application of Annex.............  TIAS 12089 Annex II         1270
                                      Art 1.
  Application of Chapter...........  TIAS 12089 Art 49.....      1263
  Arbitration......................  TIAS 12089 Annex II         1272
                                      Art 4.
  Archives.........................  TIAS 12089 Art 46.....      1262
  Assets...........................  TIAS 12089 Art 45.....      1262
  Board............................  TIAS 12089 Art 32.....      1258
  Board of Directors...............  TIAS 12089 Art 41.....      1261
  Budget...........................  TIAS 12089 Art 28.....      1257
  Calls on sponsoring members......  TIAS 12089 Annex I Art      1269
                                      3.
  Capital..........................  TIAS 12089 Art 5......      1250
  Claims payment...................  TIAS 12089 Art 17.....      1254
Multilateral Investment Guarantee
 Agency, Convention establishing--
 Continued
  Communications...................  TIAS 12089 Art 38.....      1260
                                     TIAS 12089 Art 46.....      1262
  Conciliation.....................  TIAS 12089 Annex II         1271
                                      Art 3.
  Cooperation with private insurers  TIAS 12089 Art 21.....      1255
   and reinsurers.
  Council..........................  TIAS 12089 Art 31.....      1258
  Covered risks....................  TIAS 12089 Art 11.....      1251
  Currencies valuation.............  TIAS 12089 Art 9......      1251
                                     TIAS 12089 Annex I Art      1269
                                      4.
  Definitions......................  TIAS 12089 Art 3......      1249
  Depositories for assets..........  TIAS 12089 Art 37.....      1259
  Depository.......................  TIAS 12089 Art 63.....      1267
  Disputes settlement..............  TIAS 12089 Art 57.....      1265
                                     TIAS 12089 Art 58.....      1266
  Division and calls of subscribed   TIAS 12089 Art 7......      1250
   capital.
  Election of Directors............  TIAS 12089 Schedule B.      1277
  Eligible host countries..........  TIAS 12089 Art 14.....      1253
  Eligible investments.............  TIAS 12089 Art 12.....      1252
  Eligible investors...............  TIAS 12089 Art 13.....      1253
  Entry into force.................  TIAS 12089 Art 61.....      1267
  Financial management.............  TIAS 12089 Art 25.....      1257
  Guarantees of sponsored            TIAS 12089 Art 24.....      1257
   investments.
  Host country approval............  TIAS 12089 Art 15.....      1253
  Immunities for officials of the    TIAS 12089 Art 48.....      1263
   Agency.
  Inaugural meeting................  TIAS 12089 Art 62.....      1267
  Interpretation and application...  TIAS 12089 Art 56.....      1265
  Investment promotion.............  TIAS 12089 Art 23.....      1256
  Legal process....................  TIAS 12089 Art 44.....      1262
  Limits of guarantee..............  TIAS 12089 Art 22.....      1255
  Liquidation......................  TIAS 12089 Art 55.....      1265
  Membership.......................  TIAS 12089 Art 4......      1249
                                     TIAS 12089 Schedule A.      1274
    Suspension of..................  TIAS 12089 Art 52.....      1264
  Negotiation......................  TIAS 12089 Annex II         1270
                                      Art 2.
  Net income allocation............  TIAS 12089 Art 27.....      1257
  Notification.....................  TIAS 12089 Art 65.....      1267
  Objective and purposes...........  TIAS 12089 Art 2......      1249
  Office location..................  TIAS 12089 Art 36.....      1259
  Operational principles...........  TIAS 12089 Annex I Art      1270
                                      6.
  Operations, suspension of........  TIAS 12089 Art 54.....      1264
  Periodic reviews.................  TIAS 12089 Art 67.....      1268
  Political activity prohibition...  TIAS 12089 Art 34.....      1259
  Premiums and fees................  TIAS 12089 Art 26.....      1257
  President........................  TIAS 12089 Art 33.....      1259
  Privileges and immunities........  TIAS 12089 Art 43.....      1262
  Refunds..........................  TIAS 12089 Art 10.....      1251
  Registration.....................  TIAS 12089 Art 64.....      1267
  Reinsurance......................  TIAS 12089 Annex I Art      1269
                                      5.
                                     TIAS 12089 Art 20.....      1254
  Relations with international       TIAS 12089 Art 35.....      1259
   organizations.
  Relationship to national and       TIAS 12089 Art 19.....      1254
   regional entities.
  Rights and duties of States        TIAS 12089 Art 53.....      1264
   ceasing to be members.
  Service of process...............  TIAS 12089 Annex II         1273
                                      Art 5.
  Sponsorship......................  TIAS 12089 Annex I Art      1268
                                      1.
  Sponsorship Trust Fund...........  TIAS 12089 Annex I Art      1269
                                      2.
  Staff............................  TIAS 12089 Art 33.....      1259
  Subrogation......................  TIAS 12089 Art 18.....      1254
  Subscription of shares...........  TIAS 12089 Art 6......      1250
                                     TIAS 12089 Art 8......      1250
  Subscriptions....................  TIAS 12089 Schedule A.      1274
  Subscriptions adjustments........  TIAS 12089 Art 39.....      1260
  Taxes............................  TIAS 12089 Art 47.....      1262
  Terms and conditions.............  TIAS 12089 Art 16.....      1253
Multilateral Investment Guarantee
 Agency, Convention establishing--
 Continued
  Territorial application..........  TIAS 12089 Art 66.....      1268
  Voting...........................  TIAS 12089 Annex I Art      1270
                                      7.
                                     TIAS 12089 Art 39.....      1260
                                     TIAS 12089 Art 40.....      1261
                                     TIAS 12089 Art 42.....      1261
  Waiver...........................  TIAS 12089 Art 50.....      1263
  Withdrawal.......................  TIAS 12089 Art 51.....      1264
Multinational Force and Observers    TIAS 10557............       754
 Agreement.
  Accommodation....................  TIAS 10557 Aide              778
                                      Memoire.
  Aim..............................  TIAS 10557 Aide              775
                                      Memoire.
  Airline tickets..................  TIAS 10557 Aide              779
                                      Memoire.
  Arms.............................  TIAS 10557 App........       769
  Civil jurisdiction...............  TIAS 10557 App........       767
  Civilian observers...............  TIAS 10557 Annex III..       759
  Communications...................  TIAS 10557 Aide              776
                                      Memoire.
                                     TIAS 10557 App........       771
  Criminal jurisdiction............  TIAS 10557 App........       767
  Currency exchanges...............  TIAS 10557 Aide              780
                                      Memoire.
  Currency of the Receiving State..  TIAS 10557 App........       772
  Death, injury, disability or       TIAS 10557 Aide              779
   illness payments.                  Memoire.
  Definitions......................  TIAS 10557 App........       765
  Director-General
    Appointment....................  TIAS 10557 Annex......       761
    Privileges, immunities and       TIAS 10557 App........       770
     delegation.
  Disputes settlement..............  TIAS 10557 App........       773
  Duration.........................  TIAS 10557 App........       774
  Duties in the Receiving State....  TIAS 10557 App........       765
  Entry and exit identification      TIAS 10557 App........       766
   requirements.
  Equipment........................  TIAS 10557 Aide              776
                                      Memoire.
  Equipment and supplies             TIAS 10557 Aide              779
   reimbursement.                     Memoire.
  Financing, administration and      TIAS 10557 Annex......       764
   facilities.
  Flag.............................  TIAS 10557 App........       769
  Functions and responsibilities...  TIAS 10557 Annex......       762
  Ground transport.................  TIAS 10557 Aide              777
                                      Memoire.
  Joint Commission responsibilities  TIAS 10557 Annex......       764
   prior to its dissolution.
  Jurisdiction.....................  TIAS 10557 App........       766
  Liaison system...................  TIAS 10557 Annex......       764
  Locally recruited personnel......  TIAS 10557 App........       773
  Medical support..................  TIAS 10557 Aide              777
                                      Memoire.
  Military command structure.......  TIAS 10557 Annex......       762
  Military police arrests and        TIAS 10557 App........       768
   transfer of custody.
  Motor vehicle insurance..........  TIAS 10557 App........       771
  Notification and certification...  TIAS 10557 App........       768
  Official travel of personnel.....  TIAS 10557 Aide              779
                                      Memoire.
  Orders...........................  TIAS 10557 Aide              780
                                      Memoire.
  Organization.....................  TIAS 10557 Aide              775
                                      Memoire.
  Organization and size............  TIAS 10557 Annex......       763
  Passports........................  TIAS 10557 Aide              777
                                      Memoire.
  Pay and allowances...............  TIAS 10557 Aide              779
                                      Memoire.
  Personal identification..........  TIAS 10557 Aide              777
                                      Memoire.
  Personal property disposition of   TIAS 10557 App........       774
   deceased members.
  Personal services................  TIAS 10557 Aide              777
                                      Memoire.
  Planning for the MFO.............  TIAS 10557 Aide              774
                                      Memoire.
  Postal services..................  TIAS 10557 Aide              780
                                      Memoire.
                                     TIAS 10557 App........       771
  Premises.........................  TIAS 10557 App........       768
  Privileges and immunities........  TIAS 10557 Annex......       765
                                     TIAS 10557 App........       769
  Protocol.........................  TIAS 10557 Encl 1.....       760
Multinational Force and Observers
 Agreement--Continued
  Provisions, supplies and services  TIAS 10557 App........       772
  Rations..........................  TIAS 10557 Aide              777
                                      Memoire.
  Recreational equipment...........  TIAS 10557 Aide              780
                                      Memoire.
  Reports..........................  TIAS 10557 Annex......       763
  Resources control................  TIAS 10557 Aide              779
                                      Memoire.
  Resources, local.................  TIAS 10557 Aide              778
                                      Memoire.
  Roads, waterways, port             TIAS 10557 App........       772
   facilities, airfields and
   railways use.
  Rotation.........................  TIAS 10557 Aide              778
                                      Memoire.
  Schedule.........................  TIAS 10557 Annex......       765
  Sinai maintenance................  TIAS 10557 Aide              779
                                      Memoire.
  Supplemental arrangements........  TIAS 10557 App........       774
  Taxation, customs and fiscal       TIAS 10557 App........       770
   regulations for members.
  Transportation to and from area..  TIAS 10557 Aide              777
                                      Memoire.
  Uniforms, vehicle, boat and        TIAS 10557 App........       769
   aircraft markings and
   registration.
  U.S. military contribution
    Agreed minute..................  TIAS 10557............       758
    Financial arrangements.........  TIAS 10557 Annex II...       757
    Infantry battalion task force..  TIAS 10557 Annex I....       756
    Logistics support element......  TIAS 10557 Annex I....       756
    Provisions.....................  TIAS 10557 Annex I....       757
  Water, electricity and public      TIAS 10557 Aide              777
   utilities.                         Memoire.
                                     TIAS 10557 App........       772
Mutual legal assistance treaties
  List of countries................  ......................       979
Mutual Legal Assistance Treaty       ......................       981
 between the United States and
 France.
  Appearance in the requesting       Art 16................       987
   State.
  Assistance denial................  Art 6.................       983
  Assistance scope.................  Art 1.................       981
  Authorities......................  Art 2.................       982
  Certification of business records   Form A...............       991
  Competent authorities............  Art 3.................       982
  Confidentiality..................  Art 14................       986
  Costs............................  Art 23................       990
  Criminal proceedings sanitation..  Art 24................       990
  Entry into force.................  Art 25................       990
  Legalization.....................  Art 22................       989
  Official records.................  Art 20................       989
  Postponing execution.............  Art 7.................       983
  Procedures.......................  Art 9.................       984
  Proceeds of offenses.............  Art 11................       985
  Requests.........................  Art 4.................       982
    Execution of...................  Art 8.................       983
    Transmission of................  Art 5.................       983
  Restitution......................  Art 13................       986
  Return of evidence...............  Art 12................       986
  Safe conduct.....................  Art 17................       988
  Search and seizure...............  Art 10................       985
  Service of procedural documents    Art 15................       987
   and judicial decisions.
  Temporary transfer...............  Art 18................       988
  Termination......................  Art 26................       990
  Transit..........................  Art 19................       989
  Translation......................  Art 21................       989
 
 
                                    N
 
NAB. See New Arrangements to Borrow
NADB. See North American
 Development Bank
Narcotic drugs. See U.N. Convention
 Against Illicit Traffic in
 Narcotic Drugs and Psychotropic
 Substances
National Security Council System
  Organization and administration..   NSPD-1...............       143
NATO Treaty. See North Atlantic
 Treaty
Natural resources. See also
 Environmental protection
  Desertification..................  ......................      2204
  International Energy Program       TIAS 8278.............      2114
   Agreement.
  Montreal Protocol................  ......................      2176
  Plant protection.................  ......................      2231
  South Pacific Regional             ......................      2245
   Environment.
  South Pacific Regional             ......................      2245
   Environment Programme.
Netherlands. See also Treaty of
 Friendship Between the United
 States and the Netherlands
  General Agreement on Tariffs and
   Trade, 1947.
    List of territories of the       TIAS 1700 Annex C.....      1578
     Customs Union.
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       392
New Arrangements to Borrow           Dec 11428-(97/6)......      1168
  Adherence........................  Dec 11428-(97/6) Para       1169
                                      3.
  Adherence withdrawal.............  Dec 11428-(97/6) Para       1176
                                      16.
  Amendments proposal..............  Dec 11428-(97/6) Para       1176
                                      15.
  Borrowed currency use............  Dec 11428-(97/6) Para       1173
                                      10.
  Credit arrangements..............  Dec 11428-(97/6) Annex      1178
                                     Dec 11428-(97/6) Para       1169
                                      2.
                                     Dec 11428-(97/6) Para       1170
                                      5.
  Definitions......................  Dec 11428-(97/6) Para       1168
                                      1.
  Entry into force.................  Dec 11428-(97/6) Para       1170
                                      4.
  Evidence of indebtedness.........  Dec 11428-(97/6) Para       1173
                                      8.
  Exchange rates...................  Dec 11428-(97/6) Para       1175
                                      12.
  Interest.........................  Dec 11428-(97/6) Para       1173
                                      9.
  Interpretation...................  Dec 11428-(97/6) Para       1177
                                      20.
  Notices..........................  Dec 11428-(97/6) Para       1175
                                      14.
  Participants.....................  Dec 11428-(97/6) Annex      1178
  Period and renewal...............  Dec 11428-(97/6) Para       1176
                                      19.
  Procedure initiation.............  Dec 11428-(97/6) Para       1170
                                      6.
  Proposals and calls..............  Dec 11428-(97/6) Para       1171
                                      7.
  Relationship with other borrowing  Dec 11428-(97/6) Para       1177
   arrangements.                      21.
  Repayment by the fund............  Dec 11428-(97/6) Para       1174
                                      11.
  Suspension of exchange             Dec 11428-(97/6) Para       1176
   transactions and liquidation.      18.
  Transferability..................  Dec 11428-(97/6) Para       1175
                                      13.
  Transferability of claims........  Dec 11428-(97/6)......      1181
  Withdrawal from membership.......  Dec 11428-(97/6) Para       1176
                                      17.
New Zealand
  Antarctic Treaty.................  12 UST 794............       481
  ANZUS Pact.......................  3 UST 3420............       737
Non-proliferation of nuclear         21 UST 483............       412
 weapons.
  Amendments proposal..............  21 UST 483 Art VIII...       415
  Authentic texts..................  21 UST 483 Art XI.....       417
  Negotiations.....................  21 UST 483 Art VI.....       415
  Peaceful applications of nuclear   21 UST 483 Art V......       415
   explosions.
  Prohibitions.....................  21 UST 483 Art I......       413
                                     21 UST 483 Art II.....       413
  Right of withdrawal..............  21 UST 483 Art X......       416
  Rights of Parties................  21 UST 483 Art IV.....       414
  Rights of States.................  21 UST 483 Art VII....       415
  Safeguards.......................  21 UST 483 Art III....       413
Non-proliferation of nuclear
 weapons--Continued
  Signature, ratification and entry  21 UST 483 Art IX.....       416
   into force.
North American Development Bank
  Agreement Between the United       TIAS 12516............      1477
   States and the United Mexican
   States.
    Amendment proposal.............  TIAS 12516 Chap IV Art      1501
                                      II.
    Authorized capital.............  TIAS 12516 Art II Sec       1485
                                      1.
    Board of Directors.............  TIAS 12516 Chap III         1499
                                      Art I.
                                     TIAS 12516 Chap III         1499
                                      Art II.
                                     TIAS 12516 Chap III         1500
                                      Art V.
    Capital resources..............  TIAS 12516 Art II Sec       1487
                                      4.
    Chairperson....................  TIAS 12516 Chap III         1499
                                      Art III.
    Claims payment.................  TIAS 12516 Art VIII         1496
                                      Art 3.
    Commencement of operations.....  TIAS 12516 Art X Art 5      1499
    Committees.....................  TIAS 12516 Art VII Sec      1500
                                      3.
    Communications.................  TIAS 12516 Art IX Art       1497
                                      7.
                                     TIAS 12516 Art X Art 3      1498
    Community adjustment and         TIAS 12516 Art IV.....      1490
     investment grants.
    Compensation...................  TIAS 12516 Art VII Sec      1500
                                      2.
    Conserving currencies..........  TIAS 12516 Art V Art 3      1492
    Consultation...................  TIAS 12516 Art III Sec      1501
                                      2.
    Currencies use.................  TIAS 12516 Art V Art 1      1492
    Currencies valuation...........  TIAS 12516 Art V Art 2      1492
    Decision making................  TIAS 12516 Art VII Art      1494
                                      2.
    Definitions....................  TIAS 12516 Chap V Art       1501
                                      II.
    Depositories...................  TIAS 12516 Art X Art 4      1499
    Direct loan and grant financing  TIAS 12516 Art III Sec      1488
                                      5.
    Direct loans terms.............  TIAS 12516 Art III Sec      1489
                                      9.
    Distribution or transfer of net  TIAS 12516 Art VI Art       1494
     profits and surplus.             4.
    Entry into force...............  TIAS 12516 Chap IV Art      1501
                                      I.
    Freedom of assets from           TIAS 12516 Art IX Art       1497
     restrictions.                    6.
    Functions......................  TIAS 12516 Art I Sec 2      1485
    Grants.........................  TIAS 12516 Art III Sec      1487
                                      3.
    Guarantees terms...............  TIAS 12516 Art III Sec      1489
                                      10.
    Immunity of assets.............  TIAS 12516 Art IX Art       1497
                                      4.
    Implementation.................  TIAS 12516 Art IX Art       1498
                                      10.
    Initial subscriptions to         TIAS 12516 Annex A....      1502
     authorized capital.
    Interpretation.................  TIAS 12516 Art III Sec      1501
                                      1.
    Inviolability of archives......  TIAS 12516 Art IX Art       1497
                                      5.
    Judicial proceedings...........  TIAS 12516 Art IX Art       1496
                                      3.
    Legal status...................  TIAS 12516 Art IX Art       1496
                                      2.
    Liability of parties...........  TIAS 12516 Art VIII         1496
                                      Art 3.
    Making or guaranteeing loans...  TIAS 12516 Art III Sec      1487
                                      2.
                                     TIAS 12516 Art III Sec      1489
                                      7.
    Managing Director..............  TIAS 12516 Art VII Art      1494
                                      3.
    Meeting losses.................  TIAS 12516 Art VI Art       1493
                                      3.
    Office location................  TIAS 12516 Art X Art 1      1498
    Operations limitations.........  TIAS 12516 Art III Sec      1488
                                      4.
    Personal immunities and          TIAS 12516 Art IX Art       1497
     privileges.                      8.
    Powers.........................  TIAS 12516 Art VI Art       1493
                                      1.
                                     TIAS 12516 Chap III         1500
                                      Art IV.
    Proceeds use...................  TIAS 12516 Art III Sec      1489
                                      8.
    Purposes.......................  TIAS 12516 Art I Sec 1      1485
    Relation to other agreements or  TIAS 12516 Chap V Art       1501
     arrangements.                    I.
    Relations with other             TIAS 12516 Art X Art 2      1498
     organizations.
    Relationship with other          TIAS 12516 Art III Sec      1490
     entities.                        12.
    Reports........................  TIAS 12516 Art VII Art      1495
                                      4.
    Resources use..................  TIAS 12516 Art III Sec      1487
                                      1.
    Rules and conditions...........  TIAS 12516 Art III Sec      1488
                                      6.
                                     TIAS 12516 Art III Sec      1490
                                      11.
                                     TIAS 12516 Art VII Sec      1500
                                      1.
    Staff..........................  TIAS 12516 Art VII Art      1494
                                      3.
North American Development Bank--
 Continued
  Agreement Between the United
   States and the United Mexican
   States--Continued
    Status, immunities and           TIAS 12516 Art IX Art       1496
     privileges scope.                1.
    Structure......................  TIAS 12516 Art VII Art      1494
                                      1.
    Subscription of shares.........  TIAS 12516 Art II Sec       1486
                                      2.
    Subscriptions payment..........  TIAS 12516 Art II Sec       1486
                                      3.
    Suspension of operations.......  TIAS 12516 Art VIII         1495
                                      Art 1.
    Taxation immunities............  TIAS 12516 Art IX Art       1498
                                      9.
    Termination of operations......  TIAS 12516 Art VIII         1495
                                      Art 2.
    Voting.........................  TIAS 12516 Chap III         1500
                                      Art VI.
    Warning to be placed on          TIAS 12516 Art VI Art       1493
     securities.                      2.
North Atlantic Treaty..............  TIAS 1964.............       713
  Accession........................  TIAS 1964 Art 10......       715
  Armed attack.....................  TIAS 1964 Art 5.......       714
    Capacity to resist.............  TIAS 1964 Art 3.......       714
    Defined........................  TIAS 1964 Art 6.......       714
  Authentic texts..................  TIAS 1964 Art 14......       716
  Bulgaria Protocol................  Treaty Doc 108-4......       725
  Council establishment............  TIAS 1964 Art 9.......       715
  Czech Republic Protocol..........  Treaty Doc 105-36.....       722
  Denunciation.....................  TIAS 1964 Art 13......       716
  Disputes settlement..............  TIAS 1964 Art 1.......       713
  Estonia Protocol.................  Treaty Doc 108-4......       726
  Federal Republic of Germany        6 UST 5707............       719
   Protocol.
    Authentic texts................  6 UST 5707 Art 3......       720
    Entry into force...............  6 UST 5707 Art 1......       719
    Ratification...................  6 UST 5707 Art 2......       719
  Greece and Turkey Protocol.......  3 UST 43..............       717
    Accession instruments..........  3 UST 43 Art 2........       717
    Authentic texts................  3 UST 43 Art 4........       718
    Entry into force...............  3 UST 43 Art 1........       717
    Notification...................  3 UST 43 Art 3........       718
  Hungary Protocol.................  Treaty Doc 105-36.....       723
  International engagements........  TIAS 1964 Art 8.......       715
  International relations..........  TIAS 1964 Art 2.......       713
  Latvia Protocol..................  Treaty Doc 108-4......       727
  Lithuania Protocol...............  Treaty Doc 108-4......       728
  Poland Protocol..................  Treaty Doc 105-36.....       724
  Ratification.....................  TIAS 1964 Art 11......       715
  Review of Treaty.................  TIAS 1964 Art 12......       715
  Rights and obligations...........  TIAS 1964 Art 7.......       715
  Romania Protocol.................  Treaty Doc 108-4......       729
  Settlement with Germany..........  1686 UNTS 115.........       732
  Slovak Republic Protocol.........  Treaty Doc 108-4......       730
  Slovenia Protocol................  Treaty Doc 108-4......       731
  Spain Protocol...................  TIAS 10564............       721
  Threats to political independence  TIAS 1964 Art 4.......       714
   or security.
Northern Ireland
  Antarctic Treaty.................  12 UST 794............       481
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       392
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
Norway
  Antarctic Treaty.................  12 UST 794............       481
NRC. See Nuclear Regulatory
 Commission
Nuclear accident assistance........  1457 UNTS 133.........      2147
  Amendments proposal..............  1457 UNTS 133 Art 16..      2155
  Assistance provision.............  1457 UNTS 133 Art 2...      2148
  Assistance termination...........  1457 UNTS 133 Art 11..      2153
  Authentic texts and certified      1457 UNTS 133 Art 19..      2156
   copies.
  Claims and compensation..........  1457 UNTS 133 Art 10..      2152
  Competent authorities and points   1457 UNTS 133 Art 4...      2149
   of contact.
Nuclear accident assistance--
 Continued
  Confidentiality and public         1457 UNTS 133 Art 6...      2150
   statements.
  Denunciation.....................  1457 UNTS 133 Art 17..      2155
  Depositary.......................  1457 UNTS 133 Art 18..      2155
  Direction and control of           1457 UNTS 133 Art 3...      2149
   assistance.
  Disputes settlement..............  1457 UNTS 133 Art 13..      2153
  Entry into force.................  1457 UNTS 133 Art 14..      2154
  Functions of the Agency..........  1457 UNTS 133 Art 5...      2149
  Privileges, immunities and         1457 UNTS 133 Art 8...      2151
   facilities.
  Provisional application..........  1457 UNTS 133 Art 15..      2155
  Provisions.......................  1457 UNTS 133 Art 1...      2147
  Reimbursement of costs...........  1457 UNTS 133 Art 7...      2150
  Relationship to other              1457 UNTS 133 Art 12..      2153
   international agreements.
  Transit of personnel, equipment    1457 UNTS 133 Art 9...      2152
   and property.
Nuclear accident early notification  1439 UNTS 175.........      2140
  Amendments proposal..............  1439 UNTS 175 Art 14..      2144
  Assistance to States Parties.....  1439 UNTS 175 Art 8...      2142
  Authentic texts and certified      1439 UNTS 175 Art 17..      2145
   copies.
  Bilateral and multilateral         1439 UNTS 175 Art 9...      2143
   arrangements.
  Competent authorities and points   1439 UNTS 175 Art 7...      2142
   of contact.
  Consultations....................  1439 UNTS 175 Art 6...      2142
  Denunciation.....................  1439 UNTS 175 Art 15..      2145
  Depositary.......................  1439 UNTS 175 Art 16..      2145
  Disputes settlement..............  1439 UNTS 175 Art 11..      2143
  Entry into force.................  1439 UNTS 175 Art 12..      2144
  Functions of Agency..............  1439 UNTS 175 Art 4...      2141
  Information to be provided.......  1439 UNTS 175 Art 5...      2141
  Notification and information.....  1439 UNTS 175 Art 2...      2141
                                     1439 UNTS 175 Art 3...      2141
  Provisional application..........  1439 UNTS 175 Art 13..      2144
  Relationship to other              1439 UNTS 175 Art 10..      2143
   international agreements.
  Scope of application.............  1439 UNTS 175 Art 1...      2140
Nuclear energy and materials
  Export-import of nuclear            10 CFR Part 110......      2028
   equipment and material.
  International Atomic Energy        TIAS 3873.............      2011
   Agency.
  Nuclear accident assistance......  1457 UNTS 133.........      2147
  Nuclear accident early             1439 UNTS 175.........      2140
   notification.
  Nuclear Non-Proliferation Act of    49 F.R. 20780........      2075
   1978 procedures.
  Nuclear safety...................  ......................      2103
  Physical protection of nuclear     TIAS 11080............      2090
   material.
  Spent fuel management............  ......................      2157
Nuclear equipment and material,       10 CFR Part 110......      2028
 import and export of.
  Authorities......................   10 CFR Part 110 Sec        2063
                                      110.88.
  Availability of records..........   10 CFR Part 110 Sec        2061
                                      110.73.
  Byproduct material license.......   10 CFR Part 110 Sec        2041
                                      110.23.
  Civil penalty....................   10 CFR Part 110 Sec        2059
                                      110.64.
  Classification assistance........   10 CFR Part 110 Sec        2070
                                      110.122.
  Commission
    Actions........................   10 CFR Part 110 Sec        2062
                                      110.84.
                                      10 CFR Part 110 Sec        2068
                                      110.113.
                                      10 CFR Part 110 Sec        2072
                                      110.132.
    Consultations..................   10 CFR Part 110 Sec        2064
                                      110.91.
    Review of license applications.   10 CFR Part 110 Sec        2046
                                      110.40.
  Computation of time..............   10 CFR Part 110 Sec        2064
                                      110.90.
  Conditions in notice or order....   10 CFR Part 110 Sec        2063
                                      110.87.
  Conduct resulting in termination    10 CFR Part 110 Sec        2054
   of nuclear exports.                110.46.
  Criminal penalties...............   10 CFR Part 110 Sec        2059
                                      110.67.
  Default..........................   10 CFR Part 110 Sec        2067
                                      110.110.
  Definitions......................   10 CFR Part 110 Sec        2029
                                      110.2.
  Deuterium license................   10 CFR Part 110 Sec        2042
                                      110.24.
Nuclear equipment and material,
 import and export of--Continued
  Documents, public availability of   10 CFR Part 110 Sec        2060
                                      110.72.
  Embargoed destinations...........   10 CFR Part 110 Sec        2044
                                      110.28.
  Executive Branch review of          10 CFR Part 110 Sec        2047
   license applications.              110.41.
  Exemptions.......................   10 CFR Part 110 Sec        2038
                                      110.10.
  Filing and service...............   10 CFR Part 110 Sec        2064
                                      110.89.
                                      10 CFR Part 110 Sec        2065
                                      110.101.
  Hearings
    Acceptance of documents........   10 CFR Part 110 Sec        2065
                                      110.103.
    Appearance in an oral hearing..   10 CFR Part 110 Sec        2067
                                      110.108.
    Classified information.........   10 CFR Part 110 Sec        2069
                                      110.120.
    Consisting of written comments.   10 CFR Part 110 Sec        2063
                                      110.85.
    Docket.........................   10 CFR Part 110 Sec        2065
                                      110.102.
    Enforcement....................   10 CFR Part 110 Sec        2059
                                      110.66.
    Oral...........................   10 CFR Part 110 Sec        2063
                                      110.86.
    Participation in...............   10 CFR Part 110 Sec        2066
                                      110.106.
    Presentation of testimony in      10 CFR Part 110 Sec        2066
     oral hearing.                    110.107.
    Presiding officer..............   10 CFR Part 110 Sec        2065
                                      110.104.
    Public.........................   10 CFR Part 110 Sec        2065
                                      110.100.
    Rearrangement or suspension of.   10 CFR Part 110 Sec        2070
                                      110.124.
    Reporter and transcript for       10 CFR Part 110 Sec        2068
     oral hearings.                   110.112.
    Request answers and replies....   10 CFR Part 110 Sec        2062
                                      110.83.
    Request or intervention           10 CFR Part 110 Sec        2061
     petition.                        110.82.
    Responsibility and power of       10 CFR Part 110 Sec        2066
     presiding officer in oral        110.105.
     hearings.
  IAEA safeguards samples..........   10 CFR Part 110 Sec        2038
                                      110.11.
  Information
    Collection requirement.........   10 CFR Part 110 Sec        2036
                                      110.7.
    Completeness and accuracy......   10 CFR Part 110 Sec        2036
                                      110.7a.
    Intent to introduce classified    10 CFR Part 110 Sec        2070
     information.                     110.123.
    Protection of classified          10 CFR Part 110 Sec        2071
     information.                     110.126.
    Required for specific license..   10 CFR Part 110 Sec        2045
                                      110.32.
  Inquiries........................   10 CFR Part 110 Sec        2035
                                      110.4.
  Interpretations..................   10 CFR Part 110 Sec        2035
                                      110.3.
  License
    Amendment and renewal..........   10 CFR Part 110 Sec        2056
                                      110.51.
    Application for specific          10 CFR Part 110 Sec        2045
     license.                         110.31.
    Criteria.......................   10 CFR Part 110 Sec        2048
                                      110.42.
    Information....................   10 CFR Part 110 Sec        2039
                                      110.20.
    Issuance or denial.............   10 CFR Part 110 Sec        2052
                                      110.45.
    Office address, records and       10 CFR Part 110 Sec        2057
     inspections.                     110.53.
    Requirements...................   10 CFR Part 110 Sec        2035
                                      110.5.
    Revocation, suspension and        10 CFR Part 110 Sec        2057
     modification.                    110.52.
    Terms..........................   10 CFR Part 110 Sec        2054
                                      110.50.
    Types..........................   10 CFR Part 110 Sec        2038
                                      110.19.
  List of equipment and material      10 CFR Part 110 Sec        2037
   under NRC licensing authority.     110.8.
                                      10 CFR Part 110 Sec        2037
                                      110.9.
  Motions and requests.............   10 CFR Part 110 Sec        2067
                                      110.109.
  Nuclear reactor components          10 CFR Part 110 Sec        2043
   license.                           110.26.
  Nuclear Suppliers Group members..   10 CFR Part 110 Sec        2044
                                      110.30.
  Order for revocation, suspension    10 CFR Part 110 Sec        2058
   or modification.                   110.63.
  Order to show cause..............   10 CFR Part 110 Sec        2058
                                      110.62.
  Physical security standards......   10 CFR Part 110 Sec        2052
                                      110.44.
  Public notice of receipt of         10 CFR Part 110 Sec        2060
   application.                       110.70.
  Public participation.............   10 CFR Part 110 Sec        2061
                                      110.80.
                                      10 CFR Part 110 Sec        2072
                                      110.134.
  Purpose and scope................   10 CFR Part 110 Sec        2028
                                      110.1.
  Restricted destinations..........   10 CFR Part 110 Sec        2044
                                      110.29.
  Retransfers......................   10 CFR Part 110 Sec        2035
                                      110.6.
Nuclear equipment and material,
 import and export of--Continued
  Rulemaking.......................   10 CFR Part 110 Sec        2072
                                      110.133.
                                      10 CFR Part 110 Sec        2072
                                      110.135.
    Initiation.....................   10 CFR Part 110 Sec        2071
                                      110.130.
    Petition.......................   10 CFR Part 110 Sec        2071
                                      110.131.
  Security clearances and access to   10 CFR Part 110 Sec        2069
   classified information.            110.121.
  Settlement and compromise........   10 CFR Part 110 Sec        2059
                                      110.65.
  Source material license..........   10 CFR Part 110 Sec        2040
                                      110.22.
  Special nuclear material license.   10 CFR Part 110 Sec        2039
                                      110.21.
  Unclassified statements required.   10 CFR Part 110 Sec        2071
                                      110.125.
  Violations.......................   10 CFR Part 110 Sec        2057
                                      110.60.
  Waiver of a rule or regulation...   10 CFR Part 110 Sec        2067
                                      110.111.
  Withdrawal of application........   10 CFR Part 110 Sec        2060
                                      110.71.
  Written comments concerning         10 CFR Part 110 Sec        2061
   license application.               110.81.
Nuclear material, physical           TIAS 11080............      2090
 protection of.
  Amendments proposal..............  TIAS 11080 Art 20.....      2097
  Annexes..........................  TIAS 11080 Art 15.....      2095
  Application......................  TIAS 11080 Art 2......      2091
  Assistance.......................  TIAS 11080 Art 13.....      2095
  Authentic texts..................  TIAS 11080 Art 23.....      2097
  Categorization of nuclear          TIAS 11080 Annex II...      2099
   material.
  Communication....................  TIAS 11080 Art 14.....      2095
  Conference.......................  TIAS 11080 Art 16.....      2095
  Confidentiality of information...  TIAS 11080 Art 6......      2093
  Cooperation......................  TIAS 11080 Art 5......      2092
  Definitions......................  TIAS 11080 Art 1......      2090
  Denunciation.....................  TIAS 11080 Art 21.....      2097
  Disputes settlement..............  TIAS 11080 Art 17.....      2095
  Entry into force.................  TIAS 11080 Art 19.....      2096
  Export prohibitions..............  TIAS 11080 Art 4......      2091
  Extradition......................  TIAS 11080 Art 11.....      2094
  Fair treatment...................  TIAS 11080 Art 12.....      2094
  Jurisdiction.....................  TIAS 11080 Art 8......      2093
  Levels of protection to be         TIAS 11080 Annex I....      2098
   applied in international
   transport.
  Meeting of governmental            TIAS 11080 Final Act..      2100
   representatives to consider
   drafting a Convention.
  Notification.....................  TIAS 11080 Art 22.....      2097
  Offenses.........................  TIAS 11080 Art 7......      2093
  Signature........................  TIAS 11080 Art 18.....      2096
  State obligations................  TIAS 11080 Art 3......      2091
  Submission of case...............  TIAS 11080 Art 10.....      2094
  Violations.......................  TIAS 11080 Art 9......      2094
Nuclear Non-Proliferation Act of      49 F.R. 20780........      2075
 1978 procedures.
  Authority and scope..............   49 F.R. 20780 Sec 1..      2075
  Coordination and monitoring......   49 F.R. 20780 Sec 4..      2076
  Coordination of reviews..........   49 F.R. 20780 Sec 14.      2083
  Direct or indirect production of    49 F.R. 20780 Sec 12.      2082
   special nuclear material abroad.
  Elimination of duplicative          49 F.R. 20780 Sec 17.      2086
   reviews.
  Executive Branch judgments.......   49 F.R. 20780 Sec 8..      2077
  Export procedures................   49 F.R. 20780 Sec 20.      2088
  Exports for which Executive         49 F.R. 20780 Sec 9..      2080
   Branch review is not required.
                                      49 F.R. 20780 Sec 11.      2082
  Foreign distributions............   49 F.R. 20780 Sec 10.      2081
  Generally approved retransfers...   49 F.R. 20780 Sec 18.      2087
  Judgments, findings and             49 F.R. 20780 Sec 6..      2077
   determinations.
  Offices for coordination.........   49 F.R. 20780 Sec 3..      2076
  Resolution of interagency           49 F.R. 20780 Sec 5..      2077
   disagreements.
  Responsible officials............   49 F.R. 20780 Sec 2..      2076
  Retransfer reports...............   49 F.R. 20780 Sec 19.      2088
  Retransfers for which Executive     49 F.R. 20780 Sec 16.      2086
   Branch review is not required.
Nuclear Non-Proliferation Act of
 1978 procedures--Continued
  Review of arrangement and           49 F.R. 20780 Sec 15.      2083
   procedures and review of
   component retransfers.
  Technical provisions.............   49 F.R. 20780 Sec 7..      2077
  Unclassified activities in          49 F.R. 20780 Sec 13.      2083
   foreign atomic energy programs.
Nuclear Regulatory Commission
  List of equipment and material      10 CFR Part 110 Sec        2037
   under NRC licensing authority.     110.8.
                                      10 CFR Part 110 Sec        2037
                                      110.9.
Nuclear Risk Reduction Centers.....  ......................       510
  Communications link..............  Art 3.................       510
  Entry into force.................  Art 7.................       511
  Establishment of.................  Art 1.................       510
  Launch notifications.............  ......................       516
  Meetings.........................  Art 5.................       511
  Notifications....................  Art 2.................       510
  Obligations......................  Art 6.................       511
  Staff............................  Art 4.................       511
Nuclear Risk Reduction Centers,      ......................       511
 Protocol I.
  Communications transmission......  Art 3.................       512
  Confidentiality..................  Art 4.................       512
  Entry into force.................  Art 5.................       512
  Information, scope and format of.  Art 2.................       512
  Notifications....................  Art 1.................       511
Nuclear Risk Reduction Centers,      ......................       512
 Protocol II.
  Communications establishment and   Art 1.................       512
   maintenance.
  Communications link operation....  Art 7.................       514
  Direct communications link.......  Art 5.................       514
  Entry into force.................  Art 10................       514
  Expenses.........................  Art 8.................       514
  Facsimile terminals..............  Art 3.................       513
  Information exchange.............  Art 6.................       514
  Information security devices.....  Art 2.................       513
  Secure orderwire terminals.......  Art 4.................       513
  Technical experts meetings.......  Art 9.................       514
Nuclear safety.....................  ......................      2103
  Amendments proposal..............  Art 32................      2112
  Attendance.......................  Art 24................      2109
  Authentic texts..................  Art 35................      2113
  Confidentiality..................  Art 27................      2110
  Definitions......................  Art 2.................      2104
  Denunciation.....................  Art 33................      2112
  Depository.......................  Art 34................      2112
  Design and construction..........  Art 18................      2107
  Disputes settlement..............  Art 29................      2111
  Emergency preparedness...........  Art 16................      2107
  Entry into force.................  Art 31................      2111
  Existing nuclear installations...  Art 6.................      2105
  Extraordinary meetings...........  Art 23................      2109
  Financial and human resources....  Art 11................      2106
  Human factors....................  Art 12................      2106
  Implementing measures............  Art 4.................      2104
  Languages........................  Art 26................      2110
  Legislative and regulatory         Art 7.................      2105
   framework.
  License holder responsibility....  Art 9.................      2105
  Objectives.......................  Art 1.................      2104
  Operation........................  Art 19................      2108
  Priority to safety...............  Art 10................      2106
  Procedural arrangements..........  Art 22................      2109
  Quality assurance................  Art 13................      2106
  Radiation protection.............  Art 15................      2106
  Regulatory body..................  Art 8.................      2105
  Reporting........................  Art 5.................      2105
  Review meetings..................  Art 20................      2108
  Safety assessment and              Art 14................      2106
   verification.
Nuclear safety--Continued
  Scope of application.............  Art 3.................      2104
  Secretariat......................  Art 28................      2110
  Signature, ratification,           Art 30................      2111
   acceptance, approval and
   accession.
  Siting...........................  Art 17................      2107
  Summary reports..................  Art 25................      2110
  Timetable........................  Art 21................      2109
Nuclear war prevention.............  24 UST 1478...........       508
  Agreements.......................  24 UST 1478 Art I.....       508
                                     24 UST 1478 Art II....       508
  Consultations....................  24 UST 1478 Art IV....       509
                                     24 UST 1478 Art V.....       509
  Duration.........................  24 UST 1478 Art VII...       509
  Entry into force.................  24 UST 1478 Art VIII..       509
  Relations........................  24 UST 1478 Art III...       509
  Rights of Parties................  24 UST 1478 Art VI....       509
Nuclear weapons
  ABM Treaty.......................  23 UST 3435...........       342
  ABM Treaty Protocol..............  27 UST 1645...........       346
  INF Treaty.......................  1657 UNTS 2...........       349
  Launch notifications.............  ......................       516
  Limitation of Anti-Ballistic       23 UST 3456...........       329
   Missile Systems.
  Limitation of strategic offensive  23 UST 3462...........       323
   arms.
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
  Non-proliferation of nuclear       21 UST 483............       412
   weapons.
  Nuclear Risk Reduction Centers...  ......................       510
  Nuclear Risk Reduction Centers,    ......................       511
   Protocol I.
  Nuclear Risk Reduction Centers,    ......................       512
   Protocol II.
  Prohibition of nuclear weapons in  22 UST 762............       487
   Latin America.
  Prohibition of Nuclear Weapons in  33 UST 1796...........       504
   Latin America, Protocol I.
  Prohibition of Nuclear Weapons in  22 UST 754............       501
   Latin America, Protocol II.
  Seabed Arms Control Treaty.......  23 UST 701............       402
  Standing Consultative Commission
    Establishment of...............  24 UST 238............       338
    Protocol.......................  24 UST 1124...........       340
    Regulations....................  24 UST 1124...........       340
  Threshold Test Ban Treaty........  ......................       210
  Underground nuclear explosions     1714 UNTS 387.........       288
   for peaceful purposes.
  U.S.-Russia Bilateral Arms
   Control Agreements
    Strategic Offensive Reductions.  ......................       522
    Umbrella Agreement.............  ......................       518
  U.S.-U.S.S.R. Bilateral Arms
   Control Agreements
    Prevention of nuclear war......  24 UST 1478...........       508
    Reduce outbreak of nuclear war.  22 UST 1590...........       506
 
 
                                    O
 
OAS. See Organization of American
 States
OAS Convention to Prevent and        TIAS 8413.............       849
 Punish Terrorism Against Persons.
  Authentic texts..................  TIAS 8413 Art 11......       851
  Cooperation......................  TIAS 8413 Art 1.......       849
  Crimes of international            TIAS 8413 Art 2.......       850
   significance.
  Denunciation.....................  TIAS 8413 Art 13......       852
  Due process......................  TIAS 8413 Art 4.......       850
  Entry into force.................  TIAS 8413 Art 12......       851
  Extradition......................  TIAS 8413 Art 3.......       850
OAS Convention to Prevent and
 Punish Terrorism Against Persons--
 Continued
  Obligations......................  TIAS 8413 Art 8.......       851
  Prosecution......................  TIAS 8413 Art 5.......       850
  Punishable acts..................  TIAS 8413 Art 7.......       850
  Ratification.....................  TIAS 8413 Art 10......       851
  Right of asylum..................  TIAS 8413 Art 6.......       850
  Signature........................  TIAS 8413 Art 9.......       851
  Statement of Panama..............  TIAS 8413.............       852
OAS Inter-American Terrorism         ......................       876
 Convention.
  Applicable international           Art 2.................       878
   instruments.
  Asylum denial....................  Art 13................       882
  Border control cooperation.......  Art 7.................       880
  Consultations among parties......  Art 18................       883
  Denunciation.....................  Art 23................       884
  Depositary.......................  Art 20................       884
  Domestic measures................  Art 3.................       879
  Entry into force.................  Art 22................       884
  Human rights.....................  Art 15................       883
  Jurisdiction.....................  Art 19................       884
  Law enforcement cooperation......  Art 8.................       881
  Money laundering predicate         Art 6.................       880
   offenses.
  Mutual legal assistance..........  Art 9.................       881
  Nondiscrimination................  Art 14................       882
  Object and purposes..............  Art 1.................       878
  OAS cooperation..................  Art 17................       883
  Political offense exception        Art 11................       882
   inapplicability.
  Preventing, combating and          Art 4.................       879
   eradicating the financing of
   terrorism.
  Refugee status denial............  Art 12................       882
  Seizure and confiscation of funds  Art 5.................       880
   or other assets.
  Signature and ratification.......  Art 21................       884
  Training.........................  Art 16................       883
  Transfer of persons in custody...  Art 10................       881
Organization for the Prohibition of
 Chemical Weapons
  Conference of the States Parties.  Treaty Doc 103-21 Art        438
                                      VIII.
  Establishment of.................  Treaty Doc 103-21 Art        438
                                      VIII.
  Executive Council................  Treaty Doc 103-21 Art        441
                                      VIII.
  Privileges and immunities........  Treaty Doc 103-21 Art        445
                                      VIII.
  Technical Secretariat............  Treaty Doc 103-21 Art        443
                                      VIII.
Organization of American States
  Inter-American Terrorism           Art 17................       883
   Convention cooperation.
  OAS Charter......................  2 UST 2394............       539
    Advisory Defense Committee.....  2 UST 2394 Art 66.....       553
                                     2 UST 2394 Art 67.....       553
                                     2 UST 2394 Art 68.....       554
                                     2 UST 2394 Art 69.....       554
    Amendments adoption............  2 UST 2394 Art 142....       566
    Assistant General Secretarial..  2 UST 2394 Art 114....       562
                                     2 UST 2394 Art 115....       562
                                     2 UST 2394 Art 116....       562
    Coercive measures prohibition..  2 UST 2394 Art 20.....       544
    Collective security............  2 UST 2394 Art 28.....       545
                                     2 UST 2394 Art 29.....       545
    Common market..................  2 UST 2394 Art 42.....       548
    Cooperation....................  2 UST 2394 Art 48.....       550
                                     2 UST 2394 Art 138....       565
    Correspondence.................  2 UST 2394 Art 136....       565
    Cultural exchange promotion....  2 UST 2394 Art 52.....       550
    Development responsibility.....  2 UST 2394 Art 33.....       546
                                     2 UST 2394 Art 35.....       546
    Discrimination prohibition.....  2 UST 2394 Art 137....       565
    Duration.......................  2 UST 2394 Art 143....       566
    Duty to respect rights of        2 UST 2394 Art 11.....       543
     States.
Organization of American States--
 Continued
  OAS Charter--Continued
    Economic development and         2 UST 2394 Art 37.....       547
     stability of States.
    Education, science, technology   2 UST 2394 Art 47.....       549
     and culture promotion.
    Entry into force...............  2 UST 2394 Art 140....       566
    Equality of opportunity........  2 UST 2394 Art 34.....       546
    Equality of States.............  2 UST 2394 Art 10.....       542
    Eradication of illiteracy......  2 UST 2394 Art 50.....       550
    Establishment of OAS...........  2 UST 2394 Art 1......       540
    Foreign trade development......  2 UST 2394 Art 39.....       547
    Free development of cultural,    2 UST 2394 Art 17.....       543
     political and economic life.
    Fundamental rights of States...  2 UST 2394 Art 12.....       543
    General Assembly...............  2 UST 2394 Art 7......       542
                                     2 UST 2394 Art 54.....       551
                                     2 UST 2394 Art 55.....       552
                                     2 UST 2394 Art 56.....       552
                                     2 UST 2394 Art 57.....       552
                                     2 UST 2394 Art 58.....       552
                                     2 UST 2394 Art 59.....       552
    General Secretarial............  2 UST 2394 Art 107....       560
                                     2 UST 2394 Art 108....       560
                                     2 UST 2394 Art 109....       561
                                     2 UST 2394 Art 110....       561
                                     2 UST 2394 Art 111....       561
                                     2 UST 2394 Art 112....       561
                                     2 UST 2394 Art 113....       562
                                     2 UST 2394 Art 116....       562
                                     2 UST 2394 Art 117....       563
                                     2 UST 2394 Art 118....       563
                                     2 UST 2394 Art 119....       563
                                     2 UST 2394 Art 120....       563
                                     2 UST 2394 Art 121....       563
    Integral development...........  2 UST 2394 Art 30.....       545
                                     2 UST 2394 Art 31.....       545
                                     2 UST 2394 Art 32.....       545
    Inter-American Commission on     2 UST 2394 Art 106....       560
     Human Rights.
    Inter-American Committee on      2 UST 2394 Art 145....       567
     Human Rights.
    Inter-American Committee on the  2 UST 2394 Art 144....       566
     Alliance for Progress.
    Inter-American Council for       2 UST 2394 Art 70.....       554
     Integral Development.
                                     2 UST 2394 Art 71.....       554
                                     2 UST 2394 Art 72.....       554
                                     2 UST 2394 Art 73.....       554
                                     2 UST 2394 Art 74.....       554
                                     2 UST 2394 Art 75.....       554
                                     2 UST 2394 Art 76.....       555
                                     2 UST 2394 Art 77.....       555
                                     2 UST 2394 Art 78.....       555
                                     2 UST 2394 Art 79.....       555
                                     2 UST 2394 Art 93.....       557
                                     2 UST 2394 Art 94.....       558
                                     2 UST 2394 Art 95.....       558
                                     2 UST 2394 Art 96.....       559
                                     2 UST 2394 Art 97.....       559
                                     2 UST 2394 Art 98.....       559
    Inter-American Juridical         2 UST 2394 Art 99.....       559
     Committee.
Organization of American States--
 Continued
  OAS Charter--Continued
    Inter-American Juridical
     Committee--Continued
                                     2 UST 2394 Art 100....       559
                                     2 UST 2394 Art 101....       559
                                     2 UST 2394 Art 102....       560
                                     2 UST 2394 Art 103....       560
                                     2 UST 2394 Art 104....       560
                                     2 UST 2394 Art 105....       560
    International relations........  2 UST 2394 Art 22.....       544
    International trade concessions  2 UST 2394 Art 40.....       548
    Intervention in internal or      2 UST 2394 Art 19.....       543
     external affairs.
    Inviolability of State's         2 UST 2394 Art 21.....       544
     territory.
    Jurisdiction of States.........  2 UST 2394 Art 16.....       543
    Latin American common market...  2 UST 2394 Art 42.....       548
    Meeting attendance.............  2 UST 2394 Art 132....       565
    Meeting of Consultation of       2 UST 2394 Art 61.....       553
     Ministers of Foreign Affairs.
                                     2 UST 2394 Art 62.....       553
                                     2 UST 2394 Art 63.....       553
                                     2 UST 2394 Art 65.....       553
    Members........................  2 UST 2394 Art 4......       541
                                     2 UST 2394 Art 5......       541
                                     2 UST 2394 Art 6......       541
                                     2 UST 2394 Art 8......       542
    Minister of Foreign Affairs....  2 UST 2394 Art 64.....       553
    Organs.........................  2 UST 2394 Art 53.....       551
    Pacific settlement of disputes.  2 UST 2394 Art 24.....       544
                                     2 UST 2394 Art 25.....       544
                                     2 UST 2394 Art 26.....       544
                                     2 UST 2394 Art 27.....       545
    Peace and security maintenance.  2 UST 2394 Art 23.....       544
    Peaceful relations observance..  2 UST 2394 Art 18.....       543
    Permanent Council of the         2 UST 2394 Art 70.....       554
     Organization.
                                     2 UST 2394 Art 71.....       554
                                     2 UST 2394 Art 72.....       554
                                     2 UST 2394 Art 73.....       554
                                     2 UST 2394 Art 74.....       554
                                     2 UST 2394 Art 75.....       554
                                     2 UST 2394 Art 76.....       555
                                     2 UST 2394 Art 77.....       555
                                     2 UST 2394 Art 78.....       555
                                     2 UST 2394 Art 79.....       555
                                     2 UST 2394 Art 80.....       555
                                     2 UST 2394 Art 81.....       555
                                     2 UST 2394 Art 82.....       555
                                     2 UST 2394 Art 83.....       556
                                     2 UST 2394 Art 84.....       556
                                     2 UST 2394 Art 85.....       556
                                     2 UST 2394 Art 86.....       556
                                     2 UST 2394 Art 87.....       556
                                     2 UST 2394 Art 88.....       556
                                     2 UST 2394 Art 89.....       556
                                     2 UST 2394 Art 90.....       557
                                     2 UST 2394 Art 91.....       557
                                     2 UST 2394 Art 92.....       557
    Political existence of States..  2 UST 2394 Art 13.....       543
    Preparatory Committee of the     2 UST 2394 Art 60.....       552
     General Assembly.
    Principles.....................  2 UST 2394 Art 3......       540
    Privileges and immunities......  2 UST 2394 Art 133....       565
Organization of American States--
 Continued
  OAS Charter--Continued
    Privileges and immunities--
     Continued
                                     2 UST 2394 Art 134....       565
                                     2 UST 2394 Art 135....       565
    Purposes.......................  2 UST 2394 Art 2......       540
    Recognition of States..........  2 UST 2394 Art 14.....       543
    Registration...................  2 UST 2394 Art 141....       566
    Requests for admission.........  2 UST 2394 Art 146....       567
    Right to education.............  2 UST 2394 Art 49.....       550
    Right to protection............  2 UST 2394 Art 15.....       543
    Science and technology           2 UST 2394 Art 51.....       550
     development.
    Science and technology exchange  2 UST 2394 Art 38.....       547
    Signature and ratification.....  2 UST 2394 Art 139....       566
    Social legislation               2 UST 2394 Art 46.....       549
     harmonization.
    Social order promotion.........  2 UST 2394 Art 45.....       548
    Specialized conferences........  2 UST 2394 Art 122....       563
                                     2 UST 2394 Art 123....       563
    Specialized organizations......  2 UST 2394 Art 124....       563
                                     2 UST 2394 Art 125....       564
                                     2 UST 2394 Art 126....       564
                                     2 UST 2394 Art 127....       564
                                     2 UST 2394 Art 128....       564
                                     2 UST 2394 Art 129....       564
                                     2 UST 2394 Art 130....       564
    Support of regional integration  2 UST 2394 Art 43.....       548
     institutions and programs.
    Suspension from right to         2 UST 2394 Art 9......       542
     participate.
    Technical and financial          2 UST 2394 Art 44.....       548
     cooperation.
    Transnational enterprises and    2 UST 2394 Art 36.....       547
     foreign private investment
     legislation.
    Transportation and               2 UST 2394 Art 41.....       548
     communication improvement and
     coordination.
    U.N. rights and obligations....  2 UST 2394 Art 131....       564
  Terrorism Against Persons, OAS     TIAS 8413.............       849
   Convention to Prevent and Punish.
Organized Crime, Transnational,
 U.N. Convention Against. See U.N.
 Convention Against Transnational
 Organized Crime
Outer Space Agreement..............  TIAS 12457............      2354
Outer Space Treaty.................  TIAS 6347.............      2314
  Agreements.......................  TIAS 6347 Art I.......      2315
  Amendments proposal..............  TIAS 6347 Art XV......      2319
  Applicability....................  TIAS 6347 Art XIII....      2318
  Assistance.......................  TIAS 6347 Art V.......      2316
  Authentic texts..................  TIAS 6347 Art XVII....      2319
  International cooperation........  TIAS 6347 Art III.....      2315
  Jurisdiction.....................  TIAS 6347 Art VIII....      2316
  Liability........................  TIAS 6347 Art VII.....      2316
  Notifications....................  TIAS 6347 Art XI......      2317
  Observation of launches..........  TIAS 6347 Art X.......      2317
  Prohibitions.....................  TIAS 6347 Art IV......      2315
                                     TIAS 6347 Art IX......      2317
  Representatives..................  TIAS 6347 Art XII.....      2318
  Responsibilities.................  TIAS 6347 Art VI......      2316
  Signature........................  TIAS 6347 Art XIV.....      2318
  Sovereignty......................  TIAS 6347 Art II......      2315
  Withdrawal.......................  TIAS 6347 Art XVI.....      2319
Ozone depletion
  Montreal Protocol................  ......................      2176
 
                                    P
 
Panama
  OAS Convention to Prevent and
   Punish Terrorism Against Persons
    Statement of Panama............  TIAS 8413.............       852
  Panama Canal: Permanent            33 UST 1..............       594
   neutrality and operation.
  Panama Canal: Permanent            33 UST 1..............       597
   Neutrality and Operation,
   Protocol.
  Panama Canal Treaty..............  TIAS 10030............       600
    Documents......................  ......................       694
    Implementation of Article III..  TIAS 10031............       621
    Implementation of Article IV...  TIAS 10032............       662
Panama Canal: Permanent neutrality   33 UST 1..............       590
 and operation.
  Accession........................  33 UST 1 Art VII......       596
  Definitions......................  33 UST 1 Annex A......       596
  Proclamation by the President of   33 UST 1..............       590
   the United States.
  Ratification.....................  33 UST 1 Art VIII.....       596
  Regime of neutrality.............  33 UST 1 Art I........       594
                                     33 UST 1 Art II.......       594
                                     33 UST 1 Art IV.......       595
  Security, efficiency and           33 UST 1 Art III......       594
   maintenance of Canal.
  Termination of Treaty............  33 UST 1 Art V........       595
  Vessels of war provision.........  33 UST 1 Art VI.......       595
Panama Canal: Permanent Neutrality   33 UST 1..............       597
 and Operation, Protocol.
  Accession........................  33 UST 1 Art III......       598
  Exchange of instruments of         33 UST 1..............       598
   ratification.
  Regime of neutrality               33 UST 1 Art I........       597
   acknowledgment.
                                     33 UST 1 Art II.......       597
Panama Canal Treaty................  TIAS 10030............       600
  Abrogation of prior treaties and   TIAS 10030 Art I......       603
   establishment of new
   relationship.
  Applicable laws..................  TIAS 10030 Art IX.....       609
  Canal operation and management...  TIAS 10030 Art III....       604
  Cessation or transfer of           TIAS 10030 Annex......       617
   activities.
  Disputes settlement..............  TIAS 10030 Art XIV....       617
  Employment with the Panama Canal   TIAS 10030 Art X......       611
   Commission.
  Environmental protection.........  TIAS 10030 Art VI.....       608
  Flags............................  TIAS 10030 Art VII....       608
  Law enforcement..................  TIAS 10030 Art IX.....       609
  Principle of non-intervention....  TIAS 10030 Art V......       608
  Privileges and immunities........  TIAS 10030 Art VIII...       609
  Proclamation by the President of   TIAS 10030............       600
   the United States.
  Property transfer and economic     TIAS 10030 Art XIII...       615
   participation.
  Protection and defense...........  TIAS 10030 Art IV.....       607
  Ratification, entry into force     TIAS 10030 Art II.....       604
   and termination.
  Sea-level canal or third lane of   TIAS 10030 Art XII....       615
   locks.
  Transition period provisions.....  TIAS 10030 Art XI.....       613
Panama Canal Treaty documents......  ......................       694
  Activities of the United States    ......................       697
   in the Republic of Panama
   Agreement.
  Air traffic control services.....  ......................       704
  Barro Colorado Native Monument     ......................       710
   custodianship by the Smithsonian
   Tropical Research Institute.
  Commissary and post exchange       ......................       695
   notes.
  Convention on Nature Protection    ......................       701
   and Wildlife Preservation in the
   Western Hemisphere Agreement.
Panama Canal Treaty documents--
 Continued
  Economic and military cooperation  ......................       703
  Gorgas Memorial Institute of       ......................       705
   Tropical and Preventive
   Medicine, Incorporated.
  Gorgas Memorial Laboratory.......  ......................       705
  Panama Bureau of the United        ......................       704
   States Foreign Broadcast
   Information Service.
  Postal Services notes............  ......................       694
  Smithsonian Tropical Research      ......................       707
   Institute scientific activities
   in Panama.
  U.S.-Panama Air Transport          ......................       697
   Services Agreement, termination
   of Article XVII.
Panama Canal Treaty implementation   TIAS 10031............       621
 of Article III.
  Agreed minute....................  TIAS 10031............       656
  Canal operating areas, housing     TIAS 10031 Annex A....       644
   areas, accessory facilities,
   installations and anchorages.
  Civil coordination for housing     TIAS 10031 Art VI.....       627
   areas regime.
  Claims...........................  TIAS 10031 Art XVIII..       641
  Contractors and contractors'       TIAS 10031 Art XI.....       633
   personnel.
  Coordinating Committee...........  TIAS 10031 Art II.....       621
  Criminal jurisdiction............  TIAS 10031 Art XIX....       642
  Definitions......................  TIAS 10031 Art I......       621
  Duration.........................  TIAS 10031 Art XXI....       644
  Entry and departure..............  TIAS 10031 Art XII....       635
  Import duties....................  TIAS 10031 Art XVI....       639
  Land and water areas use.........  TIAS 10031 Art III....       622
  Licensing of land uses...........  TIAS 10031 Art IV.....       624
  Panama Railroad..................  TIAS 10031 Art V......       624
  Panamanian supplies and services   TIAS 10031 Art IX.....       632
   acquisition.
  Ports of Balboa and Cristobal....  TIAS 10031 Annex B....       653
                                     TIAS 10031 Art V......       624
  Procedural guarantees............  TIAS 10031 Annex C....       655
  Public health and safety.........  TIAS 10031 Art XX.....       644
  Services and installations.......  TIAS 10031 Art XIII...       636
  Social Security..................  TIAS 10031 Art VIII...       630
  Surveys..........................  TIAS 10031 Art XVII...       640
  Taxation.........................  TIAS 10031 Art XV.....       638
  Telecommunications...............  TIAS 10031 Art X......       632
  Vessels, aircraft and vehicles     TIAS 10031 Art XIV....       636
   movement, licenses and
   registration.
  Water rights.....................  TIAS 10031 Art VII....       628
Panama Canal Treaty implementation   TIAS 10032............       662
 of Article IV.
  Agreed minute....................  TIAS 10032............       690
  Civilian employment..............  TIAS 10032 Art VII....       668
  Claims...........................  TIAS 10032 Art XX.....       680
  Commissaries, military exchanges   TIAS 10032 Art XI.....       670
   and service installations.
  Contractors and contractors'       TIAS 10032 Art XII....       671
   personnel.
  Criminal jurisdiction............  TIAS 10032 Art VI.....       665
  Defense sites, military areas of   TIAS 10032 Annex A....       682
   coordination and installations.
  Defense sites use................  TIAS 10032 Art IV.....       664
  Definitions......................  TIAS 10032 Art I......       662
  Duration.........................  TIAS 10032 Art XXII...       682
  Entry and departure..............  TIAS 10032 Art XIII...       673
  Flags............................  TIAS 10032 Art V......       665
  Health, sanitation and education.  TIAS 10032 Art XVIII..       679
  Import duties....................  TIAS 10032 Art XVII...       677
  Joint Committee..................  TIAS 10032 Art III....       663
  Military areas of coordination     TIAS 10032 Annex B....       687
   administration terms.
Panama Canal Treaty implementation
 of Article IV--Continued
  Military post offices............  TIAS 10032 Art X......       670
  Non-intervention principle.......  TIAS 10032 Art II.....       663
  Panamanian Social Security         TIAS 10032 Annex C....       689
   application.
  Panamanian supplies and services   TIAS 10032 Art VIII...       668
   acquisition.
  Procedural guarantees............  TIAS 10032 Annex D....       689
  Public health and safety.........  TIAS 10032 Art XXI....       681
  Services and installations.......  TIAS 10032 Art XIV....       674
  Surveys..........................  TIAS 10032 Art XIX....       680
  Taxation.........................  TIAS 10032 Art XVI....       677
  Telecommunications...............  TIAS 10032 Art IX.....       669
  Vessels, aircraft and vehicles     TIAS 10032 Art XV.....       675
   movement, licenses and
   registration.
Patents. See Intellectual property
 rights
People's Republic of China. See
 China
Philippines
  SEATO............................  6 UST 81..............       744
  U.S.-Philippines Defense Treaty..  3 UST 3947............       740
Phytosanitary measures. See also
 International Plant Protection
 Convention
  Bilateral Free Trade Agreement     Art 6.1...............      1831
   between United States and Chile.
                                     Art 6.2...............      1831
                                     Art 6.3...............      1831
                                     Art 6.4...............      1832
Plant protection. See International
 Plant Protection Convention
Poland
  North Atlantic Treaty
    Poland Protocol................  Treaty Doc 105-36.....       724
Political rights. See International
 Covenant on Civil and Political
 Rights
Pornography. See Child rights
Presidential Directives
  National Security Council System    NSPD-1...............       143
   organization.
Presidential Proclamations
  Control of persons leaving or       Pres Proc 3004.......       150
   entering the United States.
Prohibition of nuclear weapons in    22 UST 762............       487
 Latin America.
  Agreements.......................  22 UST 762 Art 1......       489
  Amendments proposal..............  22 UST 762 Art 29.....       499
  Authentic texts and registration.  22 UST 762 Art 31.....       500
  Control system...................  22 UST 762 Art 12.....       493
  Council..........................  22 UST 762 Art 10.....       492
  Definitions......................  22 UST 762 Art 2......       489
                                     22 UST 762 Art 3......       489
                                     22 UST 762 Art 5......       490
  Disputes settlement..............  22 UST 762 Art 24.....       497
  Duration and denunciation........  22 UST 762 Art 30.....       499
  Entry into force.................  22 UST 762 Art 28.....       498
  Explosions peaceful purposes.....  22 UST 762 Art 18.....       495
  General Conference...............  22 UST 762 Art 9......       491
  IAEA safeguards..................  22 UST 762 Art 13.....       493
  Meeting of signatories...........  22 UST 762 Art 6......       490
  Notification of other agreements.  22 UST 762 Art 23.....       497
  Organization.....................  22 UST 762 Art 7......       490
  Organization of American States..  22 UST 762 Art 21.....       497
  Organs...........................  22 UST 762 Art 8......       490
  Privileges and immunities........  22 UST 762 Art 22.....       497
  Ratification and deposit.........  22 UST 762 Art 26.....       498
  Relations with other               22 UST 762 Art 19.....       496
   international organizations.
  Reports..........................  22 UST 762 Art 14.....       494
Prohibition of nuclear weapons in
 Latin America--Continued
  Reports--Continued
                                     22 UST 762 Art 15.....       494
  Reservations.....................  22 UST 762 Art 27.....       498
  Secretariat......................  22 UST 762 Art 11.....       492
  Signature........................  22 UST 762 Art 25.....       498
  Special inspections..............  22 UST 762 Art 16.....       494
  U.N. rights and obligations......  22 UST 762 Art 21.....       497
  Use of nuclear energy for          22 UST 762 Art 17.....       495
   peaceful purposes.
  Violations.......................  22 UST 762 Art 20.....       496
  Zone of application..............  22 UST 762 Art 4......       489
Prohibition of Nuclear Weapons in    33 UST 1796...........       504
 Latin America, Protocol I.
  Duration.........................  33 UST 1796 Art 2.....       504
  Entry into force.................  33 UST 1796 Art 3.....       505
  Statute of denuclearization        33 UST 1796 Art 1.....       504
   application.
Prohibition of Nuclear Weapons in    22 UST 754............       501
 Latin America, Protocol II.
  Understandings and Declarations    22 UST 754 Art I......       502
   included in the U.S. Instrument
   of Ratification.
                                     22 UST 754 Art II.....       502
                                     22 UST 754 Art III....       503
Prohibition of nuclear weapons in    22 UST 762 Art 21.....       497
 Latin America rights and
 obligations.
Prostitution. See Child rights
Protected Persons, U.N. Convention
 on the Prevention and Punishment
 of Crimes Against. See U.N.
 Convention on the Prevention and
 Punishment of Crimes Against
 Protected Persons
Protocol Relating to the Status of    19 UST 6223..........       153
 Refugees.
  Accession........................   19 UST 6223 Art V....       154
  Authentic texts..................   19 UST 6223 Art XI...       157
  Definitions......................   19 UST 6223 Art I....       153
  Denunciation.....................   19 UST 6223 Art IX...       156
  Disputes settlement..............   19 UST 6223 Art IV...       154
  Entry into force.................   19 UST 6223 Art VIII.       156
  Federal clause...................   19 UST 6223 Art VI...       155
  National legislation information.   19 UST 6223 Art III..       154
  Reservations and declarations....   19 UST 6223 Art VII..       155
  Secretary-General notifications..   19 UST 6223 Art X....       156
  U.N. co-operation................   19 UST 6223 Art II...       154
Psychotropic substances. See Drug
 trafficking
Punta del Este, Charter of. See
 Charter of Punta del Este.
 
 
                                    R
 
Radioactive waste management.......  ......................      2157
  Amendments proposal..............  Art 41................      2174
  Attendance.......................  Art 33................      2171
  Authentic texts..................  Art 44................      2175
  Confidentiality..................  Art 36................      2172
  Decommissioning..................  Art 26................      2168
  Definitions......................  Art 2.................      2159
  Denunciation.....................  Art 42................      2174
  Depositary.......................  Art 43................      2174
  Design and construction of         Art 7.................      2162
   facilities.
                                     Art 14................      2164
  Disagreements resolution.........  Art 38................      2173
  Disposal of spent fuel...........  Art 10................      2163
  Disused sealed sources...........  Art 28................      2169
  Emergency preparedness...........  Art 25................      2168
Radioactive waste management--
 Continued
  Entry into force.................  Art 40................      2173
  Existing facilities..............  Art 5.................      2161
  Existing facilities and past       Art 12................      2163
   practices.
  Extraordinary meetings...........  Art 31................      2170
  Human and financial resources....  Art 22................      2167
  Implementing safety measures.....  Art 18................      2166
  Institutional measures after       Art 17................      2166
   closure.
  Languages........................  Art 35................      2171
  Legislative and regulatory         Art 19................      2166
   framework.
  Objectives.......................  Art 1.................      2158
  Operation of facilities..........  Art 9.................      2162
                                     Art 16................      2165
  Operational radiation protection.  Art 24................      2167
  Preparatory meeting..............  Art 29................      2169
  Quality assurance................  Art 23................      2167
  Regulatory body..................  Art 20................      2166
  Reporting........................  Art 32................      2170
  Responsibility of license holder.  Art 21................      2167
  Review meetings..................  Art 30................      2170
  Safety assessment of facilities..  Art 8.................      2162
                                     Art 15................      2165
  Safety requirements..............  Art 4.................      2161
  Safety requirements of             Art 11................      2163
   radioactive waste management.
  Scope of application.............  Art 3.................      2160
  Secretariat......................  Art 37................      2172
  Signature, ratification,           Art 39................      2173
   acceptance, approval and
   accession.
  Siting of proposed facilities....  Art 6.................      2161
                                     Art 13................      2164
  Summary reports..................  Art 34................      2171
  Transboundary movement...........  Art 27................      2168
Radiological emergency. See Nuclear
 accident assistance
Reduce outbreak of nuclear war.....  22 UST 1590...........       506
  Agreements.......................  22 UST 1590 Art 1.....       506
  Consultations....................  22 UST 1590 Art 7.....       507
  Duration.........................  22 UST 1590 Art 8.....       507
  Entry into force.................  22 UST 1590 Art 9.....       507
  Information exchange.............  22 UST 1590 Art 5.....       507
  Notifications....................  22 UST 1590 Art 2.....       506
                                     22 UST 1590 Art 3.....       506
                                     22 UST 1590 Art 4.....       507
  Transmission of information......  22 UST 1590 Art 6.....       507
Refugees
  Convention Relating to the Status   19 UST 6260..........       158
   of.
  Protocol Relating to the Status     19 UST 6223..........       153
   of.
Reports to Congress
  Assistant Legal Adviser for        11 FAM 753.5..........        94
   Treaty Affairs responsibilities.
  International agreements.........  11 FAM 726............        81
Republic of Germany. See Germany
Republic of Panama. See Panama
Rio Treaty.........................  TIAS 1838.............       533
  Aggressive acts..................  TIAS 1838 Art 9.......       536
  Applicable region................  TIAS 1838 Art 4.......       535
  Armed attacks against an American  TIAS 1838 Art 3.......       534
   State.
  Binding decisions................  TIAS 1838 Art 20......       537
  Condemnation of war..............  TIAS 1838 Art 1.......       534
  Consultations....................  TIAS 1838 Art 11......       536
                                     TIAS 1838 Art 13......       536
  Disputes settlement..............  TIAS 1838 Art 18......       537
  Duration.........................  TIAS 1838 Art 25......       538
  Entry into force.................  TIAS 1838 Art 22......       537
  Execution of agreed measures.....  TIAS 1838 Art 21......       537
Rio Treaty--Continued
  Governing Board of the Pan         TIAS 1838 Art 12......       536
   American Union.
                                     TIAS 1838 Art 15......       537
                                     TIAS 1838 Art 16......       537
  Hostilities between American       TIAS 1838 Art 7.......       535
   States.
  Information exchange.............  TIAS 1838 Art 5.......       535
  Measures to counter aggression...  TIAS 1838 Art 6.......       535
  Organ of Consultation............  TIAS 1838 Art 8.......       536
                                     TIAS 1838 Art 17......       537
  Organic Pact of the Inter-         TIAS 1838 Art 26......       538
   American System.
  Peaceful settlement of             TIAS 1838 Art 2.......       534
   controversy.
  Quorum...........................  TIAS 1838 Art 19......       537
  Registration.....................  TIAS 1838 Art 24......       538
  Rights and obligations...........  TIAS 1838 Art 10......       536
  Signature and ratification.......  TIAS 1838 Art 23......       537
  Voting rights....................  TIAS 1838 Art 14......       536
Romania
  North Atlantic Treaty
    Romania Protocol...............  Treaty Doc 108-4......       729
Russian Federation
  U.S.-Russia Bilateral Arms
   Control Agreements
    Strategic Offensive Reductions.  ......................       522
    Umbrella Agreement.............  ......................       518
 
 
                                    S
 
Saint Kitts and Nevis. See
 Extradition Treaty Between the
 United States and Saint Kitts and
 Nevis
Sale of children. See Child rights
SALT. See Limitation of strategic
 offensive arms
Sanitary and phytosanitary measures
  Bilateral Free Trade Agreement     Art 6.1...............      1831
   between United States and Chile.
                                     Art 6.2...............      1831
                                     Art 6.3...............      1831
                                     Art 6.4...............      1832
Saudi Arabia
  General Arrangements to Borrow...  Dec 7403-(83/73)......      1163
    Amendments proposal............  Dec 7403-(83/73) Para       1167
                                      12.
    Calls..........................  Dec 7403-(83/73) Para       1164
                                      3.
    Credit arrangements............  Dec 7403-(83/73) Para       1163
                                      1.
                                     Dec 7403-(83/73) Para       1163
                                      2.
    Disputes settlement............  Dec 7403-(83/73) Para       1167
                                      13.
    Exchange rates.................  Dec 7403-(83/73) Para       1166
                                      8.
    Indebtedness evidence..........  Dec 7403-(83/73) Para       1164
                                      4.
    Interest.......................  Dec 7403-(83/73) Para       1165
                                      5.
    Interpretation.................  Dec 7403-(83/73) Para       1167
                                      13.
    Media of payment...............  Dec 7403-(83/73) Para       1166
                                      7.
    Repayment by the Fund..........  Dec 7403-(83/73) Para       1165
                                      6.
    Suspension of exchange           Dec 7403-(83/73) Para       1166
     transactions and liquidation.    11.
    Transferability................  Dec 7403-(83/73) Para       1166
                                      9.
    Withdrawal from membership.....  Dec 7403-(83/73) Para       1166
                                      10.
Science materials. See United
 Nations Educational, Scientific
 and Cultural Organization
Scientific and Technical Advisory
 Panel
  Establishment of.................  Para 24...............      1287
Scientific cooperation. See Space
 exploration
Sea turtles. See Inter-American
 Convention for the Protection of
 Sea Turtles, 1994
Seabed Arms Control Treaty.........  23 UST 701............       402
Seabed Arms Control Treaty--
 Continued
  Agreements.......................  23 UST 701 Art I......       402
  Amendments proposal..............  23 UST 701 Art VI.....       404
  Authentic texts..................  23 UST 701 Art XI.....       405
  Compliance verification..........  23 UST 701 Art III....       403
  Definition.......................  23 UST 701 Art II.....       403
  International conventions........  23 UST 701 Art IV.....       404
  International obligations........  23 UST 701 Art IX.....       405
  Negotiations.....................  23 UST 701 Art V......       404
  Review conference................  23 UST 701 Art VII....       404
  Right of withdrawal..............  23 UST 701 Art VIII...       405
  Signature and ratification.......  23 UST 701 Art X......       405
SEATO. See Southeast Asia
 Collective Defense Treaty
Security treaties. See Defense
 treaties
Security Treaty
  ANZUS Pact.......................  3 UST 3420............       737
Seizure of aircraft................  TIAS 7192.............      2285
  Applicability....................  TIAS 7192 Art 3.......      2285
  Assistance.......................  TIAS 7192 Art 10......      2288
  Custody of offenders.............  TIAS 7192 Art 6.......      2287
  Denunciation.....................  TIAS 7192 Art 14......      2289
  Disputes settlement..............  TIAS 7192 Art 12......      2288
  Extradition......................  TIAS 7192 Art 8.......      2287
  Joint air transport operating      TIAS 7192 Art 5.......      2286
   organizations.
  Jurisdiction.....................  TIAS 7192 Art 4.......      2286
  Offenses.........................  TIAS 7192 Art 1.......      2285
  Penalties........................  TIAS 7192 Art 2.......      2285
  Reports..........................  TIAS 7192 Art 11......      2288
  Restoring control of aircraft....  TIAS 7192 Art 9.......      2288
  Signature........................  TIAS 7192 Art 13......      2289
  Submission of case...............  TIAS 7192 Art 7.......      2287
Serving Criminal Sentences Abroad,
 Inter-American Convention on. See
 Inter-American Convention on
 Serving Criminal Sentences Abroad
Settlement of Investment Disputes..  TIAS 6090.............      1421
  Administrative Council...........  TIAS 6090 Sec 2.......      1422
  Amendment proposal...............  TIAS 6090 Chap IX.....      1437
  Arbitration request..............  TIAS 6090 Chap IV Sec       1430
                                      1.
  Award interpretation, revision     TIAS 6090 Chap IV Sec       1433
   and annulment.                     5.
  Award recognition and enforcement  TIAS 6090 Chap IV Sec       1434
                                      6.
  Conciliation Commission            TIAS 6090 Chap III Sec      1428
   constitution.                      2.
  Conciliation proceedings.........  TIAS 6090 Chap III Sec      1429
                                      3.
  Conciliation request.............  TIAS 6090 Chap III Sec      1428
                                      1.
  Cost of proceedings..............  TIAS 6090 Chap VI.....      1436
  Disputes between contracting       TIAS 6090 Chap VIII...      1436
   States.
  Financing........................  TIAS 6090 Sec 5.......      1425
  International Centre for           TIAS 6090 Chap I......      1422
   Settlement of Investment
   Disputes.
                                     TIAS 6090 Sec 1.......      1422
  Jurisdiction.....................  TIAS 6090 Chap II.....      1427
  Panels...........................  TIAS 6090 Sec 4.......      1424
  Place of proceedings.............  TIAS 6090 Chap VII....      1436
  Replacement and disqualification   TIAS 6090 Chap V......      1435
   of conciliators and arbitrators.
  Secretariat......................  TIAS 6090 Sec 3.......      1424
  Signature, ratification,           TIAS 6090 Chap X......      1437
   acceptance or approval.
  Status, immunities and privileges  TIAS 6090 Sec 6.......      1425
   scope.
  Tribunal award...................  TIAS 6090 Chap IV Sec       1432
                                      4.
  Tribunal constitution............  TIAS 6090 Chap IV Sec       1430
                                      2.
  Tribunal powers and functions....  TIAS 6090 Chap IV Sec       1431
                                      3.
Settlement with Germany............  1686 UNTS 115.........       732
  Affirmation of peaceful relations  1686 UNTS 115 Art 2...       733
  Agreed minute....................  1686 UNTS 115.........       736
Settlement with Germany--Continued
  Authentic texts..................  1686 UNTS 115 Art 10..       736
  Borders of the united Germany....  1686 UNTS 115 Art 1...       733
  Entry into force.................  1686 UNTS 115 Art 9...       736
  Presence of Soviet armed forces    1686 UNTS 115 Art 4...       734
   in German territory.
                                     1686 UNTS 115 Art 5...       735
  Ratification.....................  1686 UNTS 115 Art 8...       736
  Renunciation of manufacture,       1686 UNTS 115 Art 3...       734
   possession and control of
   nuclear, biological and chemical
   weapons.
  Right to belong to alliances.....  1686 UNTS 115 Art 6...       735
  Rights and responsibilities......  1686 UNTS 115 Art 7...       736
Shorter-range missiles. See INF
 Treaty
Slovak Republic
  North Atlantic Treaty
    Slovak Republic Protocol.......  Treaty Doc 108-4......       730
Slovenia
  North Atlantic Treaty
    Slovenia Protocol..............  Treaty Doc 108-4......       731
Smithsonian Tropical Research
 Institute
  Custodianship of the Barro         ......................       710
   Colorado Native Monument.
  Scientific activities in Panama..  ......................       707
South Pacific
  Convention for the Prohibition of  1899 UNTS 3...........      1986
   Fishing with Long Driftnets.
South Pacific Regional Environment.  ......................      2245
South Pacific Regional Environment
 Programme
  Amendment proposal...............  Art 11................      2251
  Budget...........................  Art 5.................      2248
  Director.........................  Art 6.................      2249
  Establishment of programme.......  Art 1.................      2246
  Legal status, privileges and       Art 8.................      2250
   immunities.
  Meetings.........................  Art 3.................      2247
                                     Art 4.................      2248
  Purposes.........................  Art 2.................      2246
  Secretariat functions............  Art 7.................      2249
  Signature, ratification,           Art 10................      2250
   acceptance, approval and
   accession.
  Sovereign rights and jurisdiction  Art 9.................      2250
  Withdrawal.......................  Art 11................      2251
Southeast Asia Collective Defense    6 UST 81..............       744
 Treaty.
  Accession........................  6 UST 81 Art VII......       746
  Armed attack.....................  6 UST 81 Art IV.......       745
    Capacity to resist.............  6 UST 81 Art II.......       745
  Authentic texts..................  6 UST 81 Art XI.......       746
  Council establishment............  6 UST 81 Art V........       745
  Development of economic measures.  6 UST 81 Art III......       745
  Duration.........................  6 UST 81 Art X........       746
  Entry into force.................  6 UST 81 Art IX.......       746
  International disputes settlement  6 UST 81 Art I........       744
  Protocol.........................  6 UST 81..............       747
  Ratification.....................  6 UST 81 Art IX.......       746
  Rights and obligations...........  6 UST 81 Art VI.......       745
  Treaty area......................  6 UST 81 Art VIII.....       746
  Understanding of the United        6 UST 81..............       747
   States.
Space exploration
  Astronaut Assistance Agreement...  TIAS 6599.............      2320
  Damage by space objects..........  TIAS 7762.............      2324
  Outer Space Agreement............  TIAS 12457............      2354
  Outer Space Treaty...............  TIAS 6347.............      2314
  Space Station....................  ......................      2332
Space objects......................  TIAS 7762.............      2324
  Amendments proposal..............  TIAS 7762 Art XXV.....      2331
  Applicability....................  TIAS 7762 Art VII.....      2326
Space objects--Continued
  Applicability--Continued
                                     TIAS 7762 Art XXII....      2329
  Assistance.......................  TIAS 7762 Art XXI.....      2329
  Authentic texts..................  TIAS 7762 Art XXVIII..      2331
  Claims
    Presentation of................  TIAS 7762 Art IX......      2326
    Rights to present..............  TIAS 7762 Art V.......      2325
    Time limit.....................  TIAS 7762 Art X.......      2327
  Claims Commission
    Appointments...................  TIAS 7762 Art XVII....      2328
    Composition....................  TIAS 7762 Art XV......      2328
    Decisions......................  TIAS 7762 Art XIX.....      2329
                                     TIAS 7762 Art XVIII...      2329
    Establishment of...............  TIAS 7762 Art XIV.....      2328
    Expenses.......................  TIAS 7762 Art XX......      2329
    Vacancies......................  TIAS 7762 Art XVI.....      2328
  Compensation
    Claims.........................  TIAS 7762 Art VIII....      2326
    Damage.........................  TIAS 7762 Art II......      2325
    Determination..................  TIAS 7762 Art XII.....      2327
  Currency.........................  TIAS 7762 Art XIII....      2328
  Definitions......................  TIAS 7762 Art I.......      2324
  Entry into force.................  TIAS 7762 Art XXVI....      2331
  Liability........................  TIAS 7762 Art IV......      2325
  Liability exoneration............  TIAS 7762 Art VI......      2326
  Local remedies...................  TIAS 7762 Art XI......      2327
  Relation to other agreements.....  TIAS 7762 Art XXIII...      2330
  Responsibility...................  TIAS 7762 Art III.....      2325
  Signature........................  TIAS 7762 Art XXIV....      2330
  Withdrawal.......................  TIAS 7762 Art XXVII...      2331
Space Station. See Civil
 International Space Station
Spain
  North Atlantic Treaty
    Spain Protocol.................  TIAS 10564............       721
Special drawing rights
  Allocation and cancellation......  TIAS 1501 Art XVIII...      1114
Special Drawing Rights Department
  Administration...................  TIAS 1501 Art XXI.....      1120
  Emergency provisions.............  TIAS 1501 Art XXIIII        1121
                                      Sec 1.
  Interest and charges.............  TIAS 1501 Art XX......      1119
  Liquidation......................  TIAS 1501 Art XXV.....      1124
                                     TIAS 1501 Schedule I..      1137
  Participants.....................  TIAS 1501 Art XVII....      1114
  Recording and information........  TIAS 1501 Art XVI Sec       1113
                                      3.
  Separation of assets and property  TIAS 1501 Art XVI Sec       1113
                                      2.
  Separation of operations and       TIAS 1501 Art XVI Sec       1113
   transactions.                      1.
  Termination of participation.....  TIAS 1501 Art XXIV....      1122
Special Verification Commission
  Establishment of.................  1657 UNTS 2 Art XIII..       361
Spent fuel management..............  ......................      2157
  Amendments proposal..............  Art 41................      2174
  Attendance.......................  Art 33................      2171
  Authentic texts..................  Art 44................      2175
  Confidentiality..................  Art 36................      2172
  Decommissioning..................  Art 26................      2168
  Definitions......................  Art 2.................      2159
  Denunciation.....................  Art 42................      2174
  Depositary.......................  Art 43................      2174
  Design and construction of         Art 7.................      2162
   facilities.
                                     Art 14................      2164
  Disagreements resolution.........  Art 38................      2173
  Disposal of spent fuel...........  Art 10................      2163
  Disused sealed sources...........  Art 28................      2169
  Emergency preparedness...........  Art 25................      2168
  Entry into force.................  Art 40................      2173
Spent fuel management--Continued
  Existing facilities..............  Art 5.................      2161
  Existing facilities and past       Art 12................      2163
   practices.
  Extraordinary meetings...........  Art 31................      2170
  Human and financial resources....  Art 22................      2167
  Implementing safety measures.....  Art 18................      2166
  Institutional measures after       Art 17................      2166
   closure.
  Languages........................  Art 35................      2171
  Legislative and regulatory         Art 19................      2166
   framework.
  Objectives.......................  Art 1.................      2158
  Operation of facilities..........  Art 9.................      2162
                                     Art 16................      2165
  Operational radiation protection.  Art 24................      2167
  Preparatory meeting..............  Art 29................      2169
  Quality assurance................  Art 23................      2167
  Regulatory body..................  Art 20................      2166
  Reporting........................  Art 32................      2170
  Responsibility of license holder.  Art 21................      2167
  Review meetings..................  Art 30................      2170
  Safety assessment of facilities..  Art 8.................      2162
                                     Art 15................      2165
  Safety requirements..............  Art 4.................      2161
  Safety requirements of             Art 11................      2163
   radioactive waste management.
  Scope of application.............  Art 3.................      2160
  Secretariat......................  Art 37................      2172
  Signature, ratification,           Art 39................      2173
   acceptance, approval and
   accession.
  Siting of proposed facilities....  Art 6.................      2161
                                     Art 13................      2164
  Summary reports..................  Art 34................      2171
  Transboundary movement...........  Art 27................      2168
Standing Consultative Commission on
 Arms Limitation
  ABM Treaty.......................  23 UST 3435 Art XIII..       345
  Establishment of.................  24 UST 238............       338
  Limitation of Anti-Ballistic       23 UST 3456 Sec B.....       335
   Missile Systems.
                                     23 UST 3456 Sec D.....       331
  Limitation of strategic offensive  23 UST 3462 Art VI....       324
   arms.
  Protocol.........................  24 UST 1124...........       340
  Regulations......................  24 UST 1124...........       340
State, Department of
  Immigration
    Control of persons leaving or     Pres Proc 3004.......       150
     entering the United States.
  National Security Council System    NSPD-1...............       143
   organization.
  Procedures on Treaties, Circular   11 FAM................        69
   175.
  Refugees, Convention Relating to    19 UST 6260..........       158
   the Status of.
  Refugees, Protocol Relating to      19 UST 6223..........       153
   the Status of.
  Vienna Convention on Consular      21 UST 77.............       112
   Relations and Optional Protocols.
  Vienna Convention on Diplomatic    23 UST 3227...........        95
   Relations.
Stolen Vehicles Extradition
 Treaties
  List of countries United States    ......................      1006
   has a treaty with.
  U.S.-Belize Treaty...............  ......................      1007
Strategic offensive arms. See
 Limitation of strategic offensive
 arms
Strategic Offensive Reductions.....  ......................       522
  Meetings.........................  Art III...............       523
  Ratification.....................  Art IV................       523
  Registration.....................  Art V.................       523
  START Treaty enforcement.........  Art II................       523
Strategic Offensive Reductions--
 Continued
  Strategic nuclear warheads         Art I.................       522
   reduction and limitation.
Submarine-launched ballistic
 missiles launchers
  Launch notifications.............  ......................       516
  Prohibitions.....................  23 UST 3462 Art III...       323
Suppression of acts against civil    TIAS 7570.............      2290
 aviation safety
  Applicability....................  TIAS 7570 Art 4.......      2291
  Assistance.......................  TIAS 7570 Art 11......      2294
  Custody of offenders.............  TIAS 7570 Art 6.......      2292
  Definitions......................  TIAS 7570 Art 2.......      2291
  Denunciation.....................  TIAS 7570 Art 16......      2295
  Disputes settlement..............  TIAS 7570 Art 14......      2294
  Extradition......................  TIAS 7570 Art 8.......      2293
  Joint air transport operating      TIAS 7570 Art 9.......      2293
   organizations.
  Jurisdiction.....................  TIAS 7570 Art 5.......      2292
  Offenses.........................  TIAS 7570 Art 1.......      2290
  Penalties........................  TIAS 7570 Art 3.......      2291
  Prevention of offenses...........  TIAS 7570 Art 10......      2293
  Provision of information.........  TIAS 7570 Art 12......      2294
                                     TIAS 7570 Art 13......      2294
  Signature........................  TIAS 7570 Art 15......      2295
  Submission of case...............  TIAS 7570 Art 7.......      2293
Syria
  General Agreement on Tariffs and
   Trade, 1947.
    List of territories covered by   TIAS 1700 Annex F.....      1579
     arrangements with Lebanon.
 
 
                                    T
 
Tariff and trade laws. See Foreign
 economic policy
Tax Convention between the United    ......................      1745
 States and Denmark.
  Administrative assistance........  Art 27................      1771
  Artistes and sportsmen...........  Art 17................      1759
  Associated enterprises...........  Art 9.................      1753
  Business profits.................  Art 7.................      1751
  Capital gains....................  Art 13................      1757
  Definitions......................  Art 3.................      1747
  Dependent personal services......  Art 15................      1758
  Diplomatic agents and consular     Art 28................      1773
   officers.
  Directors' fees..................  Art 16................      1759
  Dividends........................  Art 10................      1753
  Double taxation relief...........  Art 23................      1766
  Entry into force.................  Art 29................      1773
  Government service...............  Art 19................      1760
  Income...........................  Art 21................      1761
  Income from real property........  Art 6.................      1751
  Independent personal services....  Art 14................      1758
  Information exchange.............  Art 26................      1770
  Interest.........................  Art 11................      1755
  Limitation of benefits...........  Art 22................      1762
  Mutual agreement procedure.......  Art 25................      1769
  Non-discrimination...............  Art 24................      1768
  Pensions, social security,         Art 18................      1759
   annuities, alimony and child
   support payments.
  Permanent establishment..........  Art 5.................      1749
  Protocol.........................  ......................      1774
  Residence........................  Art 4.................      1748
  Royalties........................  Art 12................      1756
  Scope............................  Art 1.................      1745
  Shipping and air transport.......  Art 8.................      1752
Tax Convention between the United
 States and Denmark--Continued
  Students and trainees............  Art 20................      1761
  Taxes covered....................  Art 2.................      1746
  Termination......................  Art 30................      1773
Tax Conventions
  Countries having a Convention      ......................      1743
   with the United States for
   avoidance of double taxation and
   prevention of fiscal evasion.
  U.S.-Denmark Convention..........  ......................      1745
Telecommunications
  Bilateral Free Trade Agreement
   between United States and Chile
    Definitions....................  Art 13.17.............      1894
    Domestic disputes resolution...  Art 13.12.............      1893
    Enforcement of measures........  Art 13.11.............      1893
    Public networks and services     Art 13.2..............      1887
     access.
    Public services conduct of       Art 13.4..............      1888
     major suppliers.
    Public services interconnection  Art 13.3..............      1888
     with suppliers.
    Scope and coverage.............  Art 13.1..............      1886
Territorial sea. See Convention on
 Territorial Sea and Contiguous
 Zone
Terrorism
  Financing........................  ......................       863
    Amendment proposals............  Art 23................       873
                                     Annex.................       875
    Assistance.....................  Art 12................       870
    Authentic texts................  Art 28................       875
    Communication of proceedings     Art 19................       873
     outcome.
    Criminal acts..................  Art 6.................       866
    Definitions....................  Art 1.................       865
    Denunciation...................  Art 27................       875
    Disputes settlement............  Art 24................       874
    Entry into force...............  Art 26................       874
    Fair treatment guarantee.......  Art 17................       871
    Fiscal offenses................  Art 13................       870
    Identification, detection and    Art 8.................       867
     freezing or seizure of funds.
    Investigations.................  Art 9.................       868
    Jurisdiction...................  Art 3.................       866
                                     Art 7.................       867
                                     Art 22................       873
    Liability......................  Art 5.................       866
    Obligations....................  Art 15................       870
                                     Art 20................       873
    Offenses.......................  Art 2.................       865
                                     Art 4.................       866
                                     Art 11................       869
    Political offenses.............  Art 14................       870
    Presentation of case...........  Art 10................       869
    Prevention of offenses.........  Art 18................       871
    Rights, obligations and          Art 21................       873
     responsibilities.
    Signature......................  Art 25................       874
    Transferring detainees.........  Art 16................       871
  Inter-American Terrorism           ......................       876
   Convention.
  Terrorism Against Persons, OAS     TIAS 8413.............       849
   Convention to Prevent and Punish.
  Terrorist Bombings, International  ......................       853
   Convention for the Suppression
   of.
Threshold Test Ban Treaty..........  ......................       210
  Consultation and coordination      Sec XI................       283
   procedures.
  Definitions......................  Sec I.................       212
Threshold Test Ban Treaty--
 Continued
  Designated personnel.............  Sec IX................       276
                                     Sec X.................       278
  Duration.........................  Art V.................       211
  Entry into force.................  Sec XIII..............       287
  Equipment........................  Sec VIII..............       259
  Hydrodynamic yield measurement     Sec V.................       225
   method.
  Information relating to tests....  Sec IV................       219
  Information release..............  Sec XII...............       287
  National technical means of        Art II................       210
   verification.
  Notifications....................  Sec IV................       219
  Nuclear Risk Reduction Centers...  Sec IV................       219
  On-site inspection...............  Sec VII...............       255
  Protocol.........................  ......................       211
  Ratification.....................  Art IV................       211
  Seismic yield measurement method.  Sec VI................       251
  Test sites.......................  Sec II................       214
  Transport personnel..............  Sec IX................       276
                                     Sec X.................       278
  Underground nuclear explosions     Art III...............       211
   for peaceful purposes.
  Underground nuclear weapon test    Art I.................       210
   prohibition.
  Verification measures............  Sec III...............       215
Trade laws. See Foreign economic
 policy
Trademark Law Treaty...............  2037 UNTS 35..........      1711
  Abbreviated expressions..........  2037 UNTS 35 Art 1....      1711
  Address for service..............  2037 UNTS 35 Art 4....      1714
  Application......................  2037 UNTS 35 Art 3....      1712
  Becoming party to Treaty.........  2037 UNTS 35 Art 19...      1725
  Changes in names or addresses....  2037 UNTS 35 Art 10...      1718
  Changes in ownership.............  2037 UNTS 35 Art 11...      1719
  Classification of goods and        2037 UNTS 35 Art 9....      1718
   services.
  Correction of a mistake..........  2037 UNTS 35 Art 12...      1722
  Denunciation.....................  2037 UNTS 35 Art 23...      1729
  Depositary.......................  2037 UNTS 35 Art 25...      1729
  Division of application and        2037 UNTS 35 Art 7....      1716
   registration.
  Duration and renewal of            2037 UNTS 35 Art 13...      1723
   registration.
  Filing date......................  2037 UNTS 35 Art 5....      1716
  Languages........................  2037 UNTS 35 Art 24...      1729
  Marks to which the Treaty applies  2037 UNTS 35 Art 2....      1711
  Obligation to comply with Paris    2037 UNTS 35 Art 15...      1725
   Convention.
  Observations in case of intended   2037 UNTS 35 Art 14...      1725
   refusal.
  Ratifications and accessions.....  2037 UNTS 35 Art 20...      1727
  Regulations......................  2037 UNTS 35 Art 17...      1725
  Representation...................  2037 UNTS 35 Art 4....      1714
  Reservations.....................  2037 UNTS 35 Art 21...      1727
  Revision.........................  2037 UNTS 35 Art 18...      1725
  Service marks....................  2037 UNTS 35 Art 16...      1725
  Signature........................  2037 UNTS 35 Art 8....      1717
  Single registration for goods and  2037 UNTS 35 Art 6....      1716
   services.
  Transitional provisions..........  2037 UNTS 35 Art 22...      1727
Trademarks. See Intellectual
 property rights
Treaties, Procedures on. See
 Circular 175
Treaty Affairs, Assistant Legal
 Adviser for
  Documents, ceremonies, and         11 FAM 751............        92
   instructions preparation.
  Preparing documents for signature  11 FAM 752............        93
  Publication and registration.....  11 FAM 753............        93
Treaty of Friendship Between the     TIAS 3942.............      1777
 United States and the Netherlands.
  Access to courts of justice......  TIAS 3942 Art V.......      1779
  Commercial, industrial and         TIAS 3942 Art VII.....      1780
   financial activities for gain.
Treaty of Friendship Between the
 United States and the Netherlands--
 Continued
  Commercial considerations........  TIAS 3942 Art XVII....      1787
  Compensation on account of         TIAS 3942 Art IV......      1779
   disease, injury or death during
   employment.
  Competitive equality conditions..  TIAS 3942 Art XVIII...      1787
  Consultation.....................  TIAS 3942 Art XXV.....      1791
  Customs, taxes and charges.......  TIAS 3942 Art XIII....      1785
                                     TIAS 3942 Art XIV.....      1785
  Definitions......................  TIAS 3942 Art XXIII...      1790
  Engagement of accountants and      TIAS 3942 Art VIII....      1781
   technical experts.
  Entry into territories...........  TIAS 3942 Art II......      1778
  Fair and equitable treatment.....  TIAS 3942 Art I.......      1777
  Freedom of transit...............  TIAS 3942 Art XXI.....      1789
  Importation and exportation        TIAS 3942 Art XXII....      1789
   regulations.
  Jurisdiction.....................  TIAS 3942 Art XXIV....      1791
  Laws, regulations and              TIAS 3942 Art XV......      1786
   administrative rulings.
  Leasing land, buildings and other  TIAS 3942 Art IX......      1782
   real property.
  Patents of invention and rights    TIAS 3942 Art X.......      1783
   to trade marks.
  Payments, remittances and          TIAS 3942 Art XII.....      1784
   transfers of funds.
  Protection and security measures.  TIAS 3942 Art III.....      1778
                                     TIAS 3942 Art VI......      1780
  Protocol.........................  TIAS 3942.............      1792
  Ratification.....................  TIAS 3942 Art XXVII...      1791
  Replacement of other conventions.  TIAS 3942 Art XXVI....      1791
  Scientific, educational,           TIAS 3942 Art XI......      1783
   religious or philanthropic
   activities.
  Taxation, sale, distribution,      TIAS 3942 Art XVI.....      1787
   storage and use of products.
  Vessels on high seas and within    TIAS 3942 Art XIX.....      1788
   ports.
  Vessels whose crews have ceased    TIAS 3942 Art XX......      1789
   to be fully constituted.
Turkey
  North Atlantic Treaty
    Greece and Turkey Protocol.....  3 UST 43..............       717
 
 
                                    U
 
U.N. Convention Against Illicit      ......................       899
 Traffic in Narcotic Drugs and
 Psychotropic Substances.
  Accession........................  Art 28................       923
  Amendment proposal...............  Art 31................       924
  Application of stricter measures   Art 24................       922
   than those required.
  Authentic texts..................  Art 33................       925
  Board functions..................  Art 22................       921
  Commercial carriers..............  Art 15................       918
  Commercial documents and labeling  Art 16................       918
   of exports.
  Commission functions.............  Art 21................       921
  Confiscation.....................  Art 5.................       905
  Controlled delivery..............  Art 11................       913
  Cooperation......................  Art 9.................       912
  Definitions......................  Art 1.................       900
  Denunciation.....................  Art 30................       924
  Depositary.......................  Art 34................       925
  Disputes settlement..............  Art 32................       924
  Elimination of demand............  Art 14................       917
  Entry into force.................  Art 29................       923
  Eradication of cultivation of      Art 14................       917
   plants.
U.N. Convention Against Illicit
 Traffic in Narcotic Drugs and
 Psychotropic Substances--Continued
  Extradition......................  Art 6.................       908
  Free trade zones and free ports..  Art 18................       920
  Information furnished by Parties.  Art 20................       920
  International cooperation and      Art 10................       913
   assistance for transit states.
  Jurisdiction.....................  Art 4.................       904
  Materials and equipment..........  Art 13................       916
  Mutual legal assistance..........  Art 7.................       909
  Non-derogation from earlier        Art 25................       922
   treaty rights and obligations.
  Offenses and sanctions...........  Art 3.................       902
  Ratification, acceptance,          Art 27................       923
   approval or formal confirmation.
  Reports of the Board.............  Art 23................       922
  Scope of Convention..............  Art 2.................       901
  Signature........................  Art 26................       922
  Substances frequently used in      Art 12................       914
   illicit manufacture.
  Tables of substances.............  Annex.................       925
  Traffic by sea...................  Art 17................       918
  Training.........................  Art 9.................       912
  Transfer of proceedings..........  Art 8.................       911
  Use of the mails.................  Art 19................       920
U.N. Convention Against              ......................       932
 Transnational Organized Crime.
  Amendments proposal..............  Art 39................       960
  Anti-money laundering measures...  Art 7.................       935
  Authentic texts..................  Art 41................       961
  Collection, exchange and analysis  Art 28................       953
   of information on organized
   crime.
  Conference of the Parties to the   Art 32................       957
   Convention.
  Confiscation and seizure.........  Art 12................       938
  Convention implementation........  Art 34................       958
  Cooperation with law enforcement   Art 26................       951
   authorities enhancement.
  Corruption criminalization.......  Art 8.................       936
  Criminal record establishment....  Art 22................       950
  Definitions......................  Art 2.................       932
  Denunciation.....................  Art 40................       960
  Depositary and languages.........  Art 41................       961
  Disposal of confiscated proceeds.  Art 14................       940
  Disputes settlement..............  Art 35................       958
  Economic development and           Art 30................       954
   technical assistance.
  Entry into force.................  Art 38................       959
  Extradition......................  Art 16................       942
  International cooperation for      Art 13................       939
   purposes of confiscation.
  Joint investigations.............  Art 19................       949
  Jurisdiction.....................  Art 15................       941
  Laundering of proceeds of crime..  Art 6.................       934
  Law enforcement cooperation......  Art 27................       952
  Liability of legal persons.......  Art 10................       937
  Measures against corruption......  Art 9.................       937
  Mutual legal assistance..........  Art 18................       944
  Obstruction of justice             Art 23................       950
   criminalization.
  Participation in organized         Art 5.................       934
   criminal group.
  Prevention.......................  Art 31................       955
  Prosecution, adjudication and      Art 11................       937
   sanctions.
  Protection of sovereignty........  Art 4.................       933
  Relation with protocols..........  Art 37................       959
  Scope of application.............  Art 3.................       933
  Secretariat......................  Art 33................       957
U.N. Convention Against
 Transnational Organized Crime--
 Continued
  Signature, ratification,           Art 36................       959
   acceptance, approval and
   accession.
  Special investigative techniques.  Art 20................       949
  Statement of purpose.............  Art 1.................       932
  Training and technical assistance  Art 29................       953
  Transfer of criminal proceedings.  Art 21................       950
  Transfer of sentenced persons....  Art 17................       944
  Victims assistance and protection  Art 25................       951
  Witness protection...............  Art 24................       951
U.N. Convention on the Prevention    TIAS 8532.............       886
 and Punishment of Crimes Against
 Protected Persons.
  Accession........................  TIAS 8532 Art 16......       890
  Appropriate measures.............  TIAS 8532 Art 6.......       888
  Assistance.......................  TIAS 8532 Art 10......       889
  Asylum...........................  TIAS 8532 Art 12......       889
  Authentic texts..................  TIAS 8532 Art 20......       891
  Communications...................  TIAS 8532 Art 5.......       888
  Cooperation......................  TIAS 8532 Art 4.......       887
  Definition.......................  TIAS 8532 Art 1.......       886
  Denunciation.....................  TIAS 8532 Art 18......       890
  Disputes settlement..............  TIAS 8532 Art 13......       889
  Entry into force.................  TIAS 8532 Art 17......       890
  Extradition......................  TIAS 8532 Art 7.......       888
  Extradition treaty...............  TIAS 8532 Art 8.......       888
  Fair treatment...................  TIAS 8532 Art 9.......       889
  International crimes.............  TIAS 8532 Art 2.......       887
  Jurisdiction.....................  TIAS 8532 Art 3.......       887
  Proceedings outcome communication  TIAS 8532 Art 11......       889
  Ratification.....................  TIAS 8532 Art 15......       890
  Secretary-General declarations...  TIAS 8532 Art 19......       890
  Signature........................  TIAS 8532 Art 14......       890
U.N. Convention on the Prevention    ......................      1023
 and Punishment of Genocide.
  Authentic texts..................  Art X.................      1025
                                     Art XVIII.............      1026
  Confirmation.....................  Art I.................      1023
  Definitions......................  Art II................      1023
  Denunciations....................  Art XIV...............      1025
                                     Art XV................      1026
  Disputes settlement..............  Art IX................      1024
  Duration.........................  Art XIV...............      1025
  Extradition......................  Art VII...............      1024
  Notification.....................  Art XII...............      1025
                                     Art XVI...............      1026
  Penalties........................  Art V.................      1024
  Prevention and suppression.......  Art VIII..............      1024
  Punishable acts..................  Art III...............      1024
  Punishable persons...............  Art IV................      1024
  Ratification.....................  Art XIII..............      1025
  Registration.....................  Art XIX...............      1026
  Secretary-General notifications..  Art XVII..............      1026
  Signature........................  Art XI................      1025
  Tribunal.........................  Art VI................      1024
U.S.-Belize Stolen Vehicles          ......................      1007
 Extradition Treaty.
  Agreements.......................  Art 2.................      1008
  Confirmation.....................  Art 6.................      1009
  Costs............................  Art 9.................      1011
  Definitions......................  Art 1.................      1007
  Identifying information..........  Annex 1...............      1012
  Notification.....................  Art 3.................      1008
  Obligations......................  Art 8.................      1010
  Protocol.........................  ......................      1013
  Ratification and termination.....  Art 11................      1011
U.S.-Belize Stolen Vehicles
 Extradition Treaty--Continued
  Request for return of vehicle....  Annex 2...............      1012
                                     Art 5.................      1008
  Return of vehicles...............  Art 7.................      1009
  Rights of parties................  Art 10................      1011
  Vehicle safekeeping..............  Art 4.................      1008
U.S.-Chile Free Trade Agreement.
 See Bilateral Free Trade Agreement
 between United States and Chile
U.S.-China trade relations           TIAS 9630.............      1514
  Business facilitation............  TIAS 9630 Art III.....      1516
  Consultations....................  TIAS 9630 Art VII.....      1518
  Disputes settlement..............  TIAS 9630 Art VIII....      1518
  Entry into force.................  TIAS 9630 Art X.......      1519
  Expansion of trade...............  TIAS 9630 Art I.......      1515
  Financial provisions relating to   TIAS 9630 Art V.......      1517
   trade.
  Most favored nation treatment....  TIAS 9630 Art II......      1515
  Protection of patents, trademarks  TIAS 9630 Art VI......      1517
   and copyrights.
  Rights of Contracting Parties....  TIAS 9630 Art IX......      1519
  Trade promotion activities.......  TIAS 9630 Art IV......      1517
U.S.-France Mutual Legal Assistance
 Treaty. See Mutual Legal
 Assistance Treaty between the
 United States and France
U.S.-Hungary trade relations         TIAS 8967.............      1505
  Business facilitation............  TIAS 8967 Art III.....      1507
  Commercial disputes settlement...  TIAS 8967 Art VIII....      1511
  Definitions......................  TIAS 8967 Art X.......      1511
  Entry into force.................  TIAS 8967 Art XI......      1511
  Expansion of trade...............  TIAS 8967 Art II......      1506
  Financial provisions relating to   TIAS 8967 Art IV......      1509
   trade.
  Government commercial offices....  TIAS 8967 Art VI......      1510
  Industrial property copyrights...  TIAS 8967 Art V.......      1510
  Industrial rights and processes..  TIAS 8967 Art V.......      1510
  Market disruption safeguards.....  TIAS 8967 Art VII.....      1510
  Most favored nation treatment....  TIAS 8967 Art I.......      1506
  National security................  TIAS 8967 Art IX......      1511
  Review...........................  TIAS 8967 Art XI......      1511
U.S.-Iran claims settlement........  ......................      1525
  Definitions......................  Art VII...............      1527
  Entry into force.................  Art VIII..............      1528
  International Arbitral Tribunal..  Art II................      1525
                                     Art III...............      1526
                                     Art IV................      1526
                                     Art V.................      1526
                                     Art VI................      1526
U.S.-Japan Security Treaty.........  11 UST 1632...........       748
  Agreed minute....................  11 UST 1632...........       750
  Armed attacks....................  11 UST 1632 Art V.....       749
  Capacity to resist armed attack..  11 UST 1632 Art III...       749
  Consultation.....................  11 UST 1632 Art IV....       749
  Duration.........................  11 UST 1632 Art X.....       750
  Entry into force.................  11 UST 1632 Art IX....       750
  International disputes settlement  11 UST 1632 Art I.....       748
  International peace and security   11 UST 1632 Art VI....       749
   maintenance.
  International relations..........  11 UST 1632 Art II....       748
  Notes exchange...................  11 UST 1632...........       750
  Ratification.....................  11 UST 1632 Art VIII..       750
  Rights and obligations...........  11 UST 1632 Art VII...       749
U.S.-Jordan Treaty. See Bilateral
 Investment Treaty between United
 States and Jordan.
U.S.-Korea Defense Treaty..........  5 UST 2368............       742
  Armed attacks....................  5 UST 2368 Art III....       742
  Consultation.....................  5 UST 2368 Art II.....       742
  Duration.........................  5 UST 2368 Art VI.....       743
U.S.-Korea Defense Treaty--
 Continued
  International disputes settlement  5 UST 2368 Art I......       742
  Ratification.....................  5 UST 2368 Art V......       743
  Right to dispose U.S. land, air    5 UST 2368 Art IV.....       743
   and sea forces.
  Understanding as stated in the     5 UST 2368............       743
   Proclamation.
U.S.-Netherlands Treaty. See Treaty
 of Friendship Between the United
 States and the Netherlands
U.S.-Philippines Defense Treaty....  3 UST 3947............       740
  Armed attacks....................  3 UST 3947 Art IV.....       741
                                     3 UST 3947 Art V......       741
  Capacity to resist armed attack..  3 UST 3947 Art II.....       740
  Consultation.....................  3 UST 3947 Art III....       741
  Duration.........................  3 UST 3947 Art VIII...       741
  International disputes settlement  3 UST 3947 Art I......       740
  Ratification.....................  3 UST 3947 Art VII....       741
  Rights and obligations of Parties  3 UST 3947 Art VI.....       741
U.S.-U.S.S.R. Bilateral Arms
 Control Agreements
  Launch notifications.............  ......................       516
  Nuclear Risk Reduction Centers...  ......................       510
  Nuclear Risk Reduction Centers,    ......................       511
   Protocol I.
  Nuclear Risk Reduction Centers,    ......................       512
   Protocol II.
  Prevention of nuclear war........  24 UST 1478...........       508
  Reduce outbreak of nuclear war...  22 UST 1590...........       506
U.S.S.R. See Union of Soviet
 Socialist Republics
Underground nuclear explosions for   1714 UNTS 387.........       288
 peaceful purposes.
  Compliance assurance.............  1714 UNTS 387 Art IV..       289
  Consultation and coordination      1714 UNTS 440 Sec XI..       320
   procedures.
  Cooperation......................  1714 UNTS 387 Art VI..       290
  Definitions......................  1714 UNTS 387 Art II..       288
                                     1714 UNTS 440 Sec I...       292
  Designated personnel.............  1714 UNTS 440 Sec IX..       313
                                     1714 UNTS 440 Sec X...       316
  Duration and termination.........  1714 UNTS 387 Art VIII       291
  Entry into force.................  1714 UNTS 440 Sec XIII       322
  Equipment........................  1714 UNTS 440 Sec VIII       307
  Explosion depth and composition..  1714 UNTS 440 Sec II..       293
  Hydrodynamic yield measurement     1714 UNTS 440 Sec V...       299
   method.
  Information release..............  1714 UNTS 440 Sec XII.       321
  International agreement promotion  1714 UNTS 387 Art VII.       290
  Joint Consultative Commission....  1714 UNTS 387 Art V...       290
  Local seismic network............  1714 UNTS 440 Sec VI..       304
  Notifications and information      1714 UNTS 440 Sec IV..       294
   relating to explosions.
  Obligations......................  1714 UNTS 387 Art I...       288
  On-site inspection...............  1714 UNTS 440 Sec VII.       306
  Protocol.........................  1714 UNTS 440.........       291
  Ratification.....................  1714 UNTS 387 Art IX..       291
  Rights and obligations...........  1714 UNTS 387 Art III.       289
  Transport personnel..............  1714 UNTS 440 Sec IX..       313
                                     1714 UNTS 440 Sec X...       316
  Verification measures............  1714 UNTS 440 Sec III.       293
Union of South Africa
  Antarctic Treaty.................  12 UST 794............       481
Union of Soviet Socialist Republics
  ABM Treaty.......................  23 UST 3435...........       342
  ABM Treaty Protocol..............  27 UST 1645...........       346
  Antarctic Treaty.................  12 UST 794............       481
  INF Treaty.......................  1657 UNTS 2...........       349
Union of Soviet Socialist
 Republics--Continued
  Limitation of Anti-Ballistic       23 UST 3456...........       329
   Missile Systems.
  Limitation of strategic offensive  23 UST 3462...........       323
   arms.
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
  Settlement with Germany..........  1686 UNTS 115.........       732
  Standing Consultative Commission
    Establishment of...............  24 UST 238............       338
    Protocol.......................  24 UST 1124...........       340
    Regulations....................  24 UST 1124...........       340
  Threshold Test Ban Treaty........  ......................       210
  Underground nuclear explosions     1714 UNTS 387.........       288
   for peaceful purposes.
  U.S.-U.S.S.R. Bilateral Arms       ......................       506
   Control Agreements.
Union of Soviet Socialist Republics
  Outer Space Exploration and Use    TIAS 12457............      2354
   for Peaceful Purposes Agreement
   with United States.
United Kingdom
  Antarctic Treaty.................  12 UST 794............       481
  INF Treaty
    Inspection activities..........  1658 UNTS 363.........       392
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
United Nations
  Convention to Combat               ......................      2204
   Desertification.
  Headquarters.....................  TIAS 1676.............       826
    Communications.................  TIAS 1676 Art IV......       829
    Definitions....................  TIAS 1676 Art I.......       826
    Disposition of land............  TIAS 1676 Art IX......       834
    Duration of agreement..........  TIAS 1676 Art IX......       834
    Headquarters district..........  TIAS 1676 Art II......       827
    Law and authority in the         TIAS 1676 Art III.....       828
     headquarters district.
    Maintenance of utilities.......  TIAS 1676 Annex 2.....       835
    Obligations....................  TIAS 1676 Art IX......       834
    Operation of agreement.........  TIAS 1676 Art VIII....       833
    Police protection of the         TIAS 1676 Art VI......       832
     headquarters district.
    Premises.......................  TIAS 1676 Annex 1.....       835
    Provisions of agreement........  TIAS 1676 Art IX......       834
    Public services and protection   TIAS 1676 Art VII.....       832
     of the headquarters district.
    Purpose of agreement...........  TIAS 1676 Art IX......       835
    Removal of U.N. seat...........  TIAS 1676 Art IX......       834
    Resident representatives to the  TIAS 1676 Art V.......       831
     United Nations.
    Signature......................  TIAS 1676 Art IX......       835
    Transit........................  TIAS 1676 Art IV......       829
    Underground construction.......  TIAS 1676 Annex 2.....       836
  International Fund for             50 UST 8435 Art 8.....        15
   Agricultural Development
   relations.
  International Telecommunication    Art 49................      1655
   Union relations.
  OAS Charter rights and             2 UST 2394 Art 131....       564
   obligations.
  Organized Crime, Transnational,    ......................       932
   U.N. Convention Against.
  Privileges and immunities........  TIAS 6900.............       837
    Communications facilities......  TIAS 6900 Art III.....       839
    Disputes settlement............  TIAS 6900 Art VIII....       843
    Experts on missions............  TIAS 6900 Art VI......       841
    Juridical personality..........  TIAS 6900 Art I.......       837
    Laissez-passer.................  TIAS 6900 Art VII.....       842
    Members representatives........  TIAS 6900 Art IV......       839
    Officials......................  TIAS 6900 Art V.......       840
    Property, funds and assets.....  TIAS 6900 Art II......       837
United Nations--Continued
  Privileges and immunities--
   Continued
    Reservations as stated in the    TIAS 6900.............       844
     Proclamation of the United
     States.
  Prohibition of nuclear weapons in  22 UST 762 Art 21.....       497
   Latin America rights and
   obligations.
  Protected Persons, U.N.            TIAS 8532.............       886
   Convention on the Prevention and
   Punishment of Crimes Against.
  Refugees
    Co-operation concerning status.   19 UST 6260 Art 35...       169
                                      19 UST 6223 Art II...       154
United Nations Charter. See also     TS 993................       785
 International Court of Justice.
  Amendments adoption..............  TS 993 Art 108........       808
  Authentic texts..................  TS 993 Art 111........       809
  Economic and Social Council
    Composition....................  TS 993 Art 61.........       798
    Functions and powers...........  TS 993 Art 62.........       799
                                     TS 993 Art 63.........       799
                                     TS 993 Art 64.........       799
                                     TS 993 Art 65.........       800
                                     TS 993 Art 66.........       800
    International trusteeship        TS 993 Art 75.........       802
     system.
                                     TS 993 Art 76.........       802
                                     TS 993 Art 77.........       802
                                     TS 993 Art 78.........       802
                                     TS 993 Art 79.........       802
                                     TS 993 Art 80.........       803
                                     TS 993 Art 81.........       803
                                     TS 993 Art 82.........       803
                                     TS 993 Art 83.........       803
                                     TS 993 Art 84.........       803
                                     TS 993 Art 85.........       804
    Non-self-governing territories   TS 993 Art 73.........       801
     declaration.
                                     TS 993 Art 74.........       801
    Procedure......................  TS 993 Art 68.........       800
                                     TS 993 Art 69.........       800
                                     TS 993 Art 70.........       800
                                     TS 993 Art 71.........       800
                                     TS 993 Art 72.........       801
    Voting.........................  TS 993 Art 67.........       800
  General Assembly
    Budget approval................  TS 993 Art 17.........       789
    Composition....................  TS 993 Art 9..........       788
    Disputes settlement............  TS 993 Art 12.........       788
    Functions and powers...........  TS 993 Art 10.........       788
    International peace and          TS 993 Art 11.........       788
     security and maintenance.
    International trusteeship        TS 993 Art 16.........       789
     system.
    Peaceful adjustment of           TS 993 Art 14.........       789
     situations.
    Procedure......................  TS 993 Art 20.........       790
                                     TS 993 Art 21.........       790
                                     TS 993 Art 22.........       790
    Reports........................  TS 993 Art 15.........       789
    Studies and recommendations....  TS 993 Art 13.........       789
    Voting.........................  TS 993 Art 18.........       790
                                     TS 993 Art 19.........       790
  General Conference review of       TS 993 Art 109........       808
   present Charter.
  International Court of Justice
    Advisory opinions..............  TS 993 Art 96.........       806
    Decisions......................  TS 993 Art 94.........       805
    Function.......................  TS 993 Art 92.........       805
    Parties........................  TS 993 Art 93.........       805
    Tribunals......................  TS 993 Art 95.........       805
United Nations Charter--Continued
  Legal capacity...................  TS 993 Art 104........       807
  Membership.......................  TS 993 Art 3..........       787
                                     TS 993 Art 4..........       787
                                     TS 993 Art 5..........       787
                                     TS 993 Art 6..........       787
  Obligations......................  TS 993 Art 103........       807
  Organs...........................  TS 993 Art 7..........       787
                                     TS 993 Art 8..........       787
  Principles.......................  TS 993 Art 2..........       786
  Privileges and immunities........  TS 993 Art 105........       807
  Purposes.........................  TS 993 Art 1..........       785
  Ratification and signature.......  TS 993 Art 110........       808
  Secretariat
    Composition....................  TS 993 Art 97.........       806
    Responsibilities...............  TS 993 Art 100........       806
    Secretary-General..............  TS 993 Art 98.........       806
                                     TS 993 Art 99.........       806
    Staff appointment..............  TS 993 Art 101........       806
  Security Council
    Composition....................  TS 993 Art 23.........       791
    Functions and powers...........  TS 993 Art 24.........       791
                                     TS 993 Art 25.........       792
                                     TS 993 Art 26.........       792
    International economic and       TS 993 Art 55.........       797
     social cooperation.
                                     TS 993 Art 56.........       798
                                     TS 993 Art 57.........       798
                                     TS 993 Art 58.........       798
                                     TS 993 Art 59.........       798
                                     TS 993 Art 60.........       798
    Pacific settlement of disputes.  TS 993 Art 33.........       793
                                     TS 993 Art 34.........       793
                                     TS 993 Art 35.........       793
                                     TS 993 Art 36.........       793
                                     TS 993 Art 37.........       794
                                     TS 993 Art 38.........       794
    Procedure......................  TS 993 Art 28.........       792
                                     TS 993 Art 29.........       792
                                     TS 993 Art 30.........       792
                                     TS 993 Art 31.........       793
                                     TS 993 Art 32.........       793
    Regional arrangements..........  TS 993 Art 52.........       797
                                     TS 993 Art 53.........       797
                                     TS 993 Art 54.........       797
    Threats to the peace, breaches   TS 993 Art 39.........       794
     of the peace and acts of
     aggression.
                                     TS 993 Art 40.........       794
                                     TS 993 Art 41.........       794
                                     TS 993 Art 42.........       795
                                     TS 993 Art 43.........       795
                                     TS 993 Art 44.........       795
                                     TS 993 Art 45.........       795
                                     TS 993 Art 46.........       795
                                     TS 993 Art 47.........       795
                                     TS 993 Art 48.........       796
                                     TS 993 Art 49.........       796
                                     TS 993 Art 50.........       796
                                     TS 993 Art 51.........       796
    Voting.........................  TS 993 Art 27.........       792
  Transitional security              TS 993 Art 106........       807
   arrangements.
                                     TS 993 Art 107........       808
  Treaties and international         TS 993 Art 102........       807
   agreements.
  Trusteeship Council
    Composition....................  TS 993 Art 86.........       804
    Functions and powers...........  TS 993 Art 87.........       804
United Nations Charter--Continued
  Trusteeship Council--Continued
    Functions and powers--Continued
                                     TS 993 Art 88.........       804
    Procedure......................  TS 993 Art 90.........       805
                                     TS 993 Art 91.........       805
    Voting.........................  TS 993 Art 89.........       805
United Nations Educational,
 Scientific and Cultural
 Organization
  Circulation of materials.........  17 UST 1578...........       178
  Import of educational materials..  17 UST 1835...........       184
                                     S Treaty Doc 97-2.....       193
United States
  ABM Treaty.......................  23 UST 3435...........       342
  ABM Treaty Protocol..............  27 UST 1645...........       346
  Agreement with the United Mexican  TIAS 12516............      1477
   States.
  Algerian Declaration.............  ......................      1520
  Antarctic Treaty.................  12 UST 794............       481
  ANZUS Pact.......................  3 UST 3420............       737
  Bilateral Investment Treaties
    List of countries with which     ......................      1730
     United States has a treaty.
  Bilateral Investment Treaty with   ......................      1731
   Jordan.
  Border Environment Cooperation     TIAS 12516............      1478
   Commission establishment.
  Extradition treaties
    List of countries with which     ......................       994
     United States has a treaty.
  Extradition Treaty with Saint      TIAS 12805............       997
   Kitts and Nevis.
  Free Trade Agreement with Chile..  ......................      1796
    Amendments proposal............  Art 24.3..............      1952
    Authentic texts................  Art 24.5..............      1953
    Entry into force and             Art 24.4..............      1953
     termination.
  Free Trade Agreements
    List of countries with which     ......................      1795
     United States has an agreement.
  Friendship treaties
    List of countries with which     ......................      1776
     United States has a treaty.
  Friendship Treaty with the         TIAS 3942.............      1777
   Netherlands.
  General Agreement on Tariffs and
   Trade, 1947
    List of territories as respects  TIAS 1700 Annex D.....      1578
     the United States.
  INF Treaty.......................  1657 UNTS 2...........       349
  International Court of Justice
    Declaration of U.S. recognition  TIAS 1598.............       823
     of compulsory jurisdiction.
    U.S. modification respecting     TIAS 1598.............       824
     compulsory jurisdiction.
    U.S. termination of declaration  TIAS 1598.............       825
     respecting compulsory
     jurisdiction.
  Limitation of Anti-Ballistic       23 UST 3456...........       329
   Missile Systems.
  Limitation of strategic offensive  23 UST 3462...........       323
   arms.
  Limited Nuclear Test Ban Treaty..  14 UST 1313...........       207
  MFO Agreement....................  TIAS 10557............       754
  Mutual Legal Assistance Treaty     ......................       981
   with France.
  North American Development Bank..  TIAS 12516............      1477
  Outer Space Exploration and Use    TIAS 12457............      2354
   for Peaceful Purposes Agreement
   with the Union of Soviet
   Socialist Republics.
  Panama Canal: Permanent            33 UST 1..............       590
   neutrality and operation.
United States--Continued
  Panama Canal: Permanent            33 UST 1..............       597
   Neutrality and Operation,
   Protocol.
  Panama Canal Treaty..............  TIAS 10030............       600
    Documents......................  ......................       694
    Implementation of Article III..  TIAS 10031............       621
    Implementation of Article IV...  TIAS 10032............       662
  Prohibition of Nuclear Weapons in
   Latin America, Protocol II
    Understandings and Declarations  22 UST 754 Art I......       502
     included in the U.S.
     Instrument of Ratification.
                                     22 UST 754 Art II.....       502
                                     22 UST 754 Art III....       503
  Southeast Asia Collective Defense
   Treaty
    Understanding..................  6 UST 81..............       747
  Standing Consultative Commission
    Establishment of...............  24 UST 238............       338
    Protocol.......................  24 UST 1124...........       340
    Regulations....................  24 UST 1124...........       340
  Stolen Vehicles Extradition        ......................      1007
   Treaty with Belize.
  Tax Conventions
    Countries having a Convention    ......................      1743
     with the United States for
     avoidance of double taxation
     and prevention of fiscal
     evasion.
  Tax Convention with Denmark......  ......................      1745
  Threshold Test Ban Treaty........  ......................       210
  Trade with China.................  TIAS 9630.............      1514
  Trade with Hungary...............  TIAS 8967.............      1505
  U.N. Headquarters................  TIAS 1676.............       826
  U.N. privileges and immunities
    Reservations as stated in the    TIAS 6900.............       844
     Proclamation of the United
     States.
  U.S.-Iran claims settlement......  ......................      1525
  U.S.-Japan Security Treaty.......  11 UST 1632...........       748
  U.S.-Korea Defense Treaty........  5 UST 2368............       742
  U.S.-Philippines Defense Treaty..  3 UST 3947............       740
  U.S.-Russia Bilateral Arms
   Control Agreements
    Strategic Offensive Reductions.  ......................       522
    Umbrella Agreement.............  ......................       518
  U.S.-U.S.S.R. Bilateral Arms       ......................       506
   Control Agreements
  Underground nuclear explosions     1714 UNTS 387.........       288
   for peaceful purposes.
Universal Declaration of Human       Gen Assembly Res 217..      1017
 Rights.
  Arrest, detention and exile......  Gen Assembly Res 217        1018
                                      Art 9.
  Asylum...........................  Gen Assembly Res 217        1019
                                      Art 14.
  Community duties.................  Gen Assembly Res 217        1021
                                      Art 29.
  Cultural rights..................  Gen Assembly Res 217        1021
                                      Art 27.
  Education........................  Gen Assembly Res 217        1021
                                      Art 26.
  Employment rights................  Gen Assembly Res 217        1020
                                      Art 23.
  Equality rights..................  Gen Assembly Res 217        1018
                                      Art 1.
                                     Gen Assembly Res 217        1018
                                      Art 7.
  Fair and public hearings.........  Gen Assembly Res 217        1018
                                      Art 10.
  Freedom of movement and residence  Gen Assembly Res 217        1019
                                      Art 13.
  Government participation.........  Gen Assembly Res 217        1020
                                      Art 21.
  Marriage rights..................  Gen Assembly Res 217        1019
                                      Art 16.
  National tribunals...............  Gen Assembly Res 217        1018
                                      Art 8.
  Nationality rights...............  Gen Assembly Res 217        1019
                                      Art 15.
  Opinion and expression freedom...  Gen Assembly Res 217        1020
                                      Art 19.
  Peaceful assembly and association  Gen Assembly Res 217        1020
                                      Art 20.
  Presumption of innocence.........  Gen Assembly Res 217        1019
                                      Art 11.
  Property ownership...............  Gen Assembly Res 217        1019
                                      Art 17.
  Protection of rights.............  Gen Assembly Res 217        1022
                                      Art 30.
Universal Declaration of Human
 Rights--Continued
  Protection of the law............  Gen Assembly Res 217        1019
                                      Art 12.
  Rest and leisure.................  Gen Assembly Res 217        1021
                                      Art 24.
  Rights and freedoms..............  Gen Assembly Res 217        1018
                                      Art 2.
                                     Gen Assembly Res 217        1018
                                      Art 3.
                                     Gen Assembly Res 217        1018
                                      Art 4.
                                     Gen Assembly Res 217        1018
                                      Art 5.
                                     Gen Assembly Res 217        1018
                                      Art 6.
  Social and international order...  Gen Assembly Res 217        1021
                                      Art 28.
  Social security..................  Gen Assembly Res 217        1020
                                      Art 22.
  Standard of living...............  Gen Assembly Res 217        1021
                                      Art 25.
  Thought, conscience and religious  Gen Assembly Res 217        1020
   freedom.                           Art 18.
Uruguay Round
  Final Act of Multilateral Trade    ......................      1622
   Negotiations.
 
 
                                    V
 
Vehicles, stolen. See Stolen
 Vehicles Extradition Treaties
Vienna Convention on Consular        21 UST 77.............       112
 Relations and Optional Protocols.
  Accession........................  21 UST 77 Art 76......       137
  Accommodation....................  21 UST 77 Art 30......       122
  Alien registration and residence   21 UST 77 Art 46......       128
   permits exemption.
  Appointment and admission of       21 UST 77 Art 10......       116
   heads of consular posts.
  Appointment notification.........  21 UST 77 Art 11......       116
  Appointment of members of          21 UST 77 Art 19......       119
   consular staff.
  Appointment of same person by two  21 UST 77 Art 18......       119
   or more states as consular
   officer.
  Arrest, detention or prosecution   21 UST 77 Art 42......       127
   notification.
  Authentic texts..................  21 UST 77 Art 79......       138
  Beginning and end of privileges    21 UST 77 Art 53......       130
   and immunities.
  Classes of heads of consular       21 UST 77 Art 9.......       116
   posts.
  Communication with authorities of  21 UST 77 Art 38......       126
   receiving state.
  Communication with national of     21 UST 77 Art 36......       125
   the sending state.
  Compulsory settlement of disputes
    Accession......................  21 UST 77 Art VII.....       141
    Arbitral tribunal..............  21 UST 77 Art II......       140
    Authentic texts................  21 UST 77 Art X.......       142
    Conciliation procedure.........  21 UST 77 Art III.....       140
    Entry into force...............  21 UST 77 Art VIII....       141
    Extension of provisions........  21 UST 77 Art IV......       141
    Jurisdiction...................  21 UST 77 Art I.......       140
    Ratification...................  21 UST 77 Art VI......       141
    Secretary-General notifications  21 UST 77 Art IX......       141
    Signature......................  21 UST 77 Art V.......       141
  Consular agents who are not heads  21 UST 77 Art 69......       135
   of posts.
  Consular commission..............  21 UST 77 Art 11......       116
  Consular fees and charges........  21 UST 77 Art 39......       126
  Consular functions...............  21 UST 77 Art 5.......       114
  Consular post establishment......  21 UST 77 Art 4.......       114
  Customs duties exemptions........  21 UST 77 Art 50......       129
  Death or accident notification...  21 UST 77 Art 37......       125
  Definitions......................  21 UST 77 Art 1.......       112
  Departure from territory of        21 UST 77 Art 26......       121
   receiving state.
Vienna Convention on Consular
 Relations and Optional Protocols--
 Continued
  Entry into force.................  21 UST 77 Art 77......       137
  Establishment of consular          21 UST 77 Art 2.......       113
   relations.
  Estate of member of consular post  21 UST 77 Art 51......       130
   or family member.
  Exemption from taxation of         21 UST 77 Art 32......       123
   consular premises.
  Exequatur........................  21 UST 77 Art 12......       117
  Exercise of consular functions...  21 UST 77 Art 3.......       113
                                     21 UST 77 Art 6.......       115
                                     21 UST 77 Art 7.......       115
                                     21 UST 77 Art 8.......       116
                                     21 UST 77 Art 70......       135
  Facilities for the work of the     21 UST 77 Art 28......       122
   consular post.
  Freedom of communications........  21 UST 77 Art 35......       124
  Freedom of movement..............  21 UST 77 Art 34......       123
  Honorary consular officers and
   posts headed by officers.
    Contributions exemption........  21 UST 77 Art 67......       135
    Criminal procedures............  21 UST 77 Art 63......       134
    Customs duties exemption.......  21 UST 77 Art 62......       134
    Facilities, privileges and       21 UST 77 Art 58......       133
     immunities.
    Inviolability of archives and    21 UST 77 Art 61......       134
     documents.
    Optional character of the        21 UST 77 Art 68......       135
     institution.
    Personal services exemption....  21 UST 77 Art 67......       135
    Protection of officers.........  21 UST 77 Art 64......       134
    Protection of premises.........  21 UST 77 Art 59......       133
    Registration of aliens           21 UST 77 Art 65......       134
     exemption.
    Residence permits exemption....  21 UST 77 Art 65......       134
    Taxation exemption.............  21 UST 77 Art 60......       133
                                     21 UST 77 Art 66......       135
  Immunity from jurisdiction.......  21 UST 77 Art 43......       127
  Insurance against third party      21 UST 77 Art 56......       132
   risks.
  Inviolability of consular          21 UST 77 Art 33......       123
   archives and documents.
  Inviolability of consular          21 UST 77 Art 31......       123
   premises.
  Liability to give evidence.......  21 UST 77 Art 44......       127
  National flag and coat-of-arms     21 UST 77 Art 29......       122
   use.
   Nationality acquisition
    Accession......................  21 UST 77 Art V.......       139
    Authentic texts................  21 UST 77 Art VIII....       140
    Definitions....................  21 UST 77 Art I.......       138
                                                                  139
    Entry into force...............  21 UST 77 Art VI......       139
    Members of consular post and     21 UST 77 Art II......       139
     their families.
    Ratification...................  21 UST 77 Art IV......       139
    Secretary-General notifications  21 UST 77 Art VII.....       139
    Signature......................  21 UST 77 Art III.....       139
  Nationality of consular officers.  21 UST 77 Art 22......       119
  Nationals or permanent residents   21 UST 77 Art 71......       136
   of receiving state.
  Non-discrimination...............  21 UST 77 Art 72......       136
  Notification of receiving state    21 UST 77 Art 24......       120
   of appointments, arrivals and
   departures.
  Notification to the authorities    21 UST 77 Art 14......       117
   of the consular district.
  Performance of diplomatic acts by  21 UST 77 Art 17......       118
   consular officers.
  Personal inviolability of          21 UST 77 Art 41......       126
   consular officers.
  Personal services and              21 UST 77 Art 52......       130
   contributions exemption.
  Persons declared ``non grata''...  21 UST 77 Art 23......       120
  Precedence as between consular     21 UST 77 Art 21......       119
   officers of consular post.
Vienna Convention on Consular
 Relations and Optional Protocols--
 Continued
  Precedence as between heads of     21 UST 77 Art 16......       118
   consular posts.
  Private gainful occupation         21 UST 77 Art 57......       132
   provisions.
  Protection of consular officers..  21 UST 77 Art 40......       126
  Protection of premises and         21 UST 77 Art 27......       121
   archives of sending state.
  Provisional admission of heads of  21 UST 77 Art 13......       117
   consular posts.
  Ratification.....................  21 UST 77 Art 75......       137
  Relationship of Convention with    21 UST 77 Art 73......       137
   other international agreements.
  Respect for laws and regulations   21 UST 77 Art 55......       132
   of receiving state.
  Secretary-General notifications..  21 UST 77 Art 78......       138
  Signature........................  21 UST 77 Art 74......       137
  Size of consular staff...........  21 UST 77 Art 20......       119
  Social security exemption........  21 UST 77 Art 48......       128
  Taxation exemption...............  21 UST 77 Art 49......       129
  Temporary exercise of the          21 UST 77 Art 15......       117
   functions of the head of a
   consular post.
  Termination of functions of a      21 UST 77 Art 25......       121
   member of consular post.
  Third states obligations.........  21 UST 77 Art 54......       131
  Waiver of privileges and           21 UST 77 Art 45......       128
   immunities.
  Work permits exemption...........  21 UST 77 Art 47......       128
Vienna Convention on Diplomatic      23 UST 3227...........        95
 Relations.
  Accession........................  23 UST 3227 Art 50....       107
  Accommodations...................  23 UST 3227 Art 21....        99
  Acquisition of nationality
    Accession......................  23 UST 3227 Art V.....       108
    Authentic texts................  23 UST 3227 Art VIII..       109
    Entry into force...............  23 UST 3227 Art VI....       108
    Members of the mission.........  23 UST 3227 Art I.....       108
                                     23 UST 3227 Art II....       108
    Ratification...................  23 UST 3227 Art IV....       108
    Secretary-General notifications  23 UST 3227 Art VII...       109
    Signature of States............  23 UST 3227 Art III...       108
  Agreements.......................  23 UST 3227 Art 4.....        96
  Archives and documents...........  23 UST 3227 Art 24....       100
  Authentic texts..................  23 UST 3227 Art 53....       107
  Charge d'affaires ad interim.....  23 UST 3227 Art 19....        99
  Compulsory settlement of disputes
    Accession......................  23 UST 3227 Art VII...       110
    Arbitral tribunal..............  23 UST 3227 Art II....       110
    Authentic texts................  23 UST 3227 Art X.....       111
    Conciliation procedure.........  23 UST 3227 Art III...       110
    Disputes arising from Optional   23 UST 3227 Art IV....       110
     Protocol.
    Entry into force...............  23 UST 3227 Art VIII..       110
    Jurisdiction...................  23 UST 3227 Art I.....       109
    Ratification...................  23 UST 3227 Art VI....       110
    Secretary-General notifications  23 UST 3227 Art IX....       111
    Signature by States............  23 UST 3227 Art V.....       110
  Definitions......................  23 UST 3227 Art 1.....        95
  Discrimination between States....  23 UST 3227 Art 47....       106
  Dues and taxes exemption.........  23 UST 3227 Art 23....       100
                                     23 UST 3227 Art 28....       101
                                     23 UST 3227 Art 34....       102
                                     23 UST 3227 Art 36....       103
  Ending functions of diplomatic     23 UST 3227 Art 43....       106
   agents.
  Entry into force.................  23 UST 3227 Art 51....       107
  Establishment of diplomatic        23 UST 3227 Art 2.....        96
   relations.
  Facilities for performance of      23 UST 3227 Art 25....       100
   functions.
  Flag and emblem use..............  23 UST 3227 Art 20....        99
  Free communication...............  23 UST 3227 Art 27....       100
  Freedom of movement..............  23 UST 3227 Art 26....       100
Vienna Convention on Diplomatic
 Relations--Continued
  Functions of mission.............  23 UST 3227 Art 3.....        96
  Heads of missions
    Accreditation..................  23 UST 3227 Art 6.....        97
    Assignments....................  23 UST 3227 Art 5.....        96
    Classes of.....................  23 UST 3227 Art 14....        98
                                     23 UST 3227 Art 15....        98
                                     23 UST 3227 Art 16....        99
    Credentials presentation.......  23 UST 3227 Art 13....        98
    Reception of...................  23 UST 3227 Art 18....        99
  Immunity.........................  23 UST 3227 Art 31....       101
                                     23 UST 3227 Art 32....       102
                                     23 UST 3227 Art 38....       104
                                     23 UST 3227 Art 39....       104
  Inspection exemption.............  23 UST 3227 Art 36....       103
  Ministry for Foreign Affairs       23 UST 3227 Art 10....        97
   notification.
  Office localities................  23 UST 3227 Art 12....        98
  Persona non grata declarations...  23 UST 3227 Art 9.....        97
  Personal and public service        23 UST 3227 Art 35....       103
   exemption.
  Premises protection..............  23 UST 3227 Art 22....       100
  Private residences...............  23 UST 3227 Art 30....       101
  Privileges and immunities for      23 UST 3227 Art 37....       103
   family and staff.
                                     23 UST 3227 Art 38....       104
                                     23 UST 3227 Art 39....       104
  Professional or commercial         23 UST 3227 Art 42....       105
   activities.
  Protection of missions when        23 UST 3227 Art 45....       106
   relations are ended or recalled.
  Ratification.....................  23 UST 3227 Art 49....       107
  Respect of laws and regulations..  23 UST 3227 Art 41....       105
  Secretary-General notifications..  23 UST 3227 Art 52....       107
  Signature of member States.......  23 UST 3227 Art 48....       106
  Size of missions.................  23 UST 3227 Art 11....        98
  Social security provisions.......  23 UST 3227 Art 33....       102
  Staff of missions................  23 UST 3227 Art 7.....        97
                                     23 UST 3227 Art 8.....        97
                                     23 UST 3227 Art 17....        99
  Temporary protection of third      23 UST 3227 Art 46....       106
   States.
  Transit to other territories or    23 UST 3227 Art 40....       105
   States.
  Transportation provisions........  23 UST 3227 Art 44....       106
  Treatment of diplomatic agents...  23 UST 3227 Art 29....       101
 
 
                                    W
 
Wheat. See Grains Trade Convention,
 1995
World Intellectual Property
 Organization
  Copyright Treaty.................  ......................      1704
    Application in time............  Art 13................      1708
    Application of Berne Convention  Art 3.................      1705
    Assembly.......................  Art 15................      1708
    Becoming party to..............  Art 21................      1709
    Berne Convention...............  Art 1.................      1704
    Computer programs..............  Art 4.................      1705
    Denunciation...................  Art 23................      1710
     Data ompilation...............  Art 5.................      1705
    Depositary.....................  Art 25................      1710
    Eligibility for becoming party.  Art 17................      1709
    Enforcement....................  Art 14................      1708
    Entry into force...............  Art 20................      1709
    International Bureau...........  Art 16................      1709
    Languages......................  Art 24................      1710
    Limitations and exceptions.....  Art 10................      1707
    Obligations concerning rights    Art 12................      1707
     management information.
    Obligations concerning           Art 11................      1707
     technological measures.
World Intellectual Property
 Organization--Continued
  Copyright Treaty--Continued
    Photographic works, duration of  Art 9.................      1706
     protection of.
    Reservations...................  Art 22................      1710
    Right of communication to the    Art 8.................      1706
     public.
    Right of distribution..........  Art 6.................      1705
    Right of rental................  Art 7.................      1706
    Rights and obligations.........  Art 18................      1709
    Scope of copyright protection..  Art 2.................      1705
    Signature......................  Art 19................      1709
World Trade Organization Agreement.  ......................      1624
  Acceptance, entry into force and   Art XIV...............      1632
   deposit.
  Accession........................  Art XII...............      1631
  Amendments proposal..............  Art X.................      1629
  Budget and contributions.........  Art VII...............      1627
  Decision guidance and conflict     Art XVI...............      1633
   resolution.
  Decision-making..................  Art IX................      1628
  Establishment of.................  Art I.................      1624
  Functions of.....................  Art III...............      1625
  Non-application of Multilateral    Art XIII..............      1631
   Trade Agreements.
  Original membership..............  Art XI................      1631
  Relations with other               Art V.................      1627
   organizations.
  Scope of.........................  Art II................      1624
  Secretariat......................  Art VI................      1627
  Status of........................  Art VIII..............      1628
  Structure of.....................  Art IV................      1625
  Withdrawal.......................  Art XV................      1633



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