14 of the Statute of the Court. The provisions of this paragraph shall be in all respects without prejudice to other rights of access, if any, of either Government to the International Court of Justice or to the espousal and presentation of claims based upon alleged violations by either Government of rights and duties arising under treaties, agreements or principles of international law. 2. The Governments of the United States of America and of France further agree that such claims may be referred, in lieu of the Court, to any arbitral tribunal mutually agreed upon. 3. It is further understood that neither Government will espouse a claim pursuant to this Article until its national has exhausted the remedies available to him in the administrative and judicial tribunals of the country in which the claim arose. As used in this Agreement: ARTICLE XI A. France means the metropolitan territory of the French Republic, together with dependent areas under its administration and areas for which it has assumed international responsibility, including: Tunisia French Zone of Morocco French West Africa (comprising: Senegal, Mauritania, Guinea, Ivory Coast, Dahomey, Sudan, Niger, Upper Volta) French Equatorial Africa (comprising: Gabon, Middle Congo, Ubangi-Shari, Chad) Togoland and Cameroons (mandate) French Somaliland Madagascar Reunion Comoro French Settlements in India French Indo-China New Caledonia Tuamotu Archipelago, including Society Islands Austral Islands Marquesas Archipelago St. Pierre and Miquelon Martinique Guadeloupe French Guiana The Territory of the Saar B. The term "participating country" means: 1) Any country which signed the report of the Committee of European Economic Cooperation at Paris on September 22, 1947, and territories for which it has international responsibility and to which the Economic Coop eration Agreement concluded between that country and the Government of the United States of America has been applied, and 2) Any other country (including any of the zones of occupation of Germany, any areas under international administration or control, and the Free Territory of Trieste or either of its zones) wholly or partly in Europe, together with dependent areas under its administration, for so long as such country is a party to the Convention for European Economic Cooperation and adheres to a joint program for European recovery designed to accomplish the purposes of this Agreement. 1. ARTICLE XII 15 (Entry into Force, Amendment, Duration) This Agreement shall become effective on the day on which notice of its ratification by the Government of France is given to the Government of the United States of America. Subject to the provisions of paragraphs 2 and 3 of this Article, it shall remain in force until June 30, 1953, and, unless at least six months before June 30, 1953, either Government shall have given notice in writing to the other of intention to terminate the Agreement on that date, it shall remain in force thereafter until the expiration of six months from the date on which such notice shall have been given. 2. If during the life of this Agreement, either Government should consider there has been a fundamental change in the basic assumption underlying this Agreement, it shall so notify the other Government in writing and the two Governments will thereupon consult with a view to agreeing upon the amendment, modification or termination of this Agreement. If, after three months from such notification the two Governments have not agreed upon the action to be taken in the circumstances, either Government may give notice in writing to the other of intention to terminate this Agreement. Then, subject to the provisions of paragraph 3 of this Article, this Agreement shall terminate either: a) Six months after the date of such notice of intention to terminate, or b) After such shorter period as may be agreed to be sufficient to ensure that the obligations of the Government of France are performed in respect of any assistance which may continue to be furnished by the Government of the United States of America after the date of such notice; provided, however, that Article V and paragraph 3 of Article VII shall remain in effect until two years after the date of such notice of intention to terminate, but not later than June 30, 1953. 3. Subsidiary agreements and arrangements negotiated pursuant to this Agreement may remain in force beyond the date of termination of this 15 For an amendment to art. XII, para. 2, see agreement of Sept. 21 and Oct. 8, 1948 (TIAS 1897), post, p. 1278. Agreement and the period of effectiveness of such subsidiary agreements and arrangements shall be governed by their own terms. Article IV shall remain in effect until all the sums in the currency of France required to be deposited in accordance with its own terms have been disposed of as provided in that Article. Paragraph 2 of Article III shall remain in effect for so long as the guaranty payments referred to in that article may be made by the Government of the United States of America. 4. This Agreement may be amended at any time by agreement between the two Governments. 5. The Annex to this Agreement forms an integral part thereof. 6. This Agreement shall be registered with the Secretary-General of the United Nations. In witness whereof the respective representatives, duly authorized for the purpose, have signed the present Agreement. Done at Paris, in duplicate, in the English and French languages, both texts authentic, this 28th day of June 1948. JEFFERSON CAFFERY [SEAL] [SEAL] ANNEX (INTERPRETIVE NOTES) 1. It is understood that the requirements of paragraph 1 (a) of Article II, relating to the adoption of measures for the efficient use of resources, would include, with respect to commodities furnished under the Agreement, effective measures for safeguarding such commodities and for preventing their diversion to illegal or irregular markets or channels of trade. 2. It is understood that the obligation under paragraph 1 (c) of Article II to balance the budget as soon as practicable would not preclude deficits over a short period but would mean a budgetary policy involving the balancing of the budget in the long run. 3. It is understood that the business practices and business arrangements referred to in paragraph 3 of Article II mean: a) Fixing prices, terms or conditions to be observed in dealing with others in the purchase, sale or lease of any product; b) Excluding enterprises from, or allocating or dividing, any territorial market or fields of business activity, or allocating customers, or fixing sales quotas or purchase quotas; c) Discriminating against particular enterprises; d) Limiting production or fixing production quotas; e) Preventing by agreement the development or application of technology or invention whether patented or unpatented; f) Extending the use of rights under patents, trademarks or copyrights granted by either country to matters which, according to its laws and regu lations, are not within the scope of such grants, or to products or conditions of production, use or sale which are likewise not the subjects of such grants; and g) Such other practices as the two Governments may agree to include. 4. It is understood that the Government of France is obligated to take action in particular instances in accordance with paragraph 3 of Article II only after appropriate investigation or examination. 5. It is understood that the phrase in Article V, "After due regard for the reasonable requirements of France for domestic use" would include the maintenance of reasonable stocks of the materials concerned and that the phrase "commercial export" might include barter transactions. It is also understood that arrangements negotiated under Article V might appropriately include provision for consultation, in accordance with the principles of Article 32 of the Havana Charter for an International Trade Organization in the event that stock piles are liquidated. 6. It is understood that the Government of France will not be requested, under paragraph 2 (a) of Article VII, to furnish detailed information about minor projects or confidential commercial or technical information the disclosure of which would injure legitimate commercial interests. 7. It is understood that the Government of the United States of America in making the notifications referred to in paragraph 2 of Article IX would bear in mind the desirability of restricting, so far as practicable, the number of officials for whom full diplomatic privileges would be requested. It is also understood that the detailed application of Article IX would, when necessary, be the subject of intergovernmental discussion. 8. It is understood that any agreements which might be arrived at pursuant to paragraph 2 of Article X would be subject to ratification by the Senate of the United States of America. 16 16 Unperfected. Art. 32(3) of the Havana Charter reads as follows: "Such Member shall, at the request of any Member which considers itself substantially interested, consult as to the best means of avoiding substantial injury to the economic interests of producers and consumers of the primary commodity in question. In cases where the interests of several Members might be substantially affected, the Organization may participate in the consultations, and the Member holding the stocks shall give due consideration to its recommendations." DISTRIBUTION AND EXHIBITION IN FRENCH UNION OF AMERICAN MOTION PICTURE FILMS Agreement signed at Paris September 16, 1948, with annexes Effective July 1, 1948 Expired July 1, 1952 62 Stat. 3001; Treaties and Other International Acts Series 1841 JOINT DECLARATION OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FRENCH REPUBLIC ON MOTION PICTURES The Government of the United States of America and the Government of the French Republic have, at the request of the latter, reexamined certain questions relating to the distribution and exhibition in the French Union of American motion picture films, and, in particular, the Franco-American Motion Picture Understanding of May 28, 1946.1 During these conversations, the specific problems relating to the distribution and exhibition of American films in the French Union have been discussed in the light of the special conditions facing the French Government resulting from its external financial position and balance of payments and other postwar problems of economic adjustment. These conversations have taken place with due regard for the relevant provisions of the international conventions and agreements to which both Governments are parties. I The French Government has informed the Government of the United States of America that in view of the current situation in the French film industry it is necessary to increase the screen time reserved to films of national origin. The Franco-American Motion Picture Understanding of May 28, 1946, having expired in accordance with the provisions therein, the French Government has decided, consistent with Article IV of the General Agreement on Tariffs and Trade of October 30, 1947, to reserve five weeks per quarter for the exhibition of French films, except as otherwise noted (Annex A). 1 TIAS 1928, ante, p. 1162. TIAS 1700, ante, vol. 4, p. 646. |