contemplated under this Agreement and generally the progress of the joint recovery programme. 3. The Government of the United Kingdom will assist the Government of the United States of America to obtain the information, relating to the materials originating in the United Kingdom referred to in Article V, which is necessary to the formulation and execution of the arrangements provided for in that Article. ARTICLE VIII 1. The Governments of the United States of America and the United Kingdom recognise that it is in their mutual interest that full publicity be given to the objectives and progress of the joint programme for European recovery and of the actions taken in furtherance of that programme, and that wide dissemination of information on the progress of the programme is desirable in order to develop the sense of common effort and mutual aid which are essential to the accomplishment of the objectives of the programme. 2. The Government of the United States of America will encourage the dissemination of such information and will make it available to the media of public information. 3. The Government of the United Kingdom will encourage the dissemination of such information both directly and in co-operation with the Organisation for European Economic Co-operation. It will make such information available to the media of public information and take all practicable steps to ensure that appropriate facilities are provided for such dissemination. It will further provide other participating countries and the Organisation for European Economic Co-operation with full information on the progress of the programme for economic recovery. 4. The Government of the United Kingdom will make public in the United Kingdom in each calendar quarter, full statements of operations under this Agreement, including information as to the use of funds, commodities and services received. ARTICLE IX 1. The Government of the United Kingdom agrees to receive a Special Mission for Economic Co-operation which will discharge the responsibilities of the Government of the United States of America in the United Kingdom under this Agreement. 2. The Government of the United Kingdom will, upon appropriate notification from the Ambassador of the United States of America in the United Kingdom, consider the Special Mission and its personnel, and the United States Special Representative in Europe, as part of the Embassy of the United States of America in the United Kingdom for the purpose of enjoying the privileges and immunities accorded to that Embassy and its personnel of comparable rank. The Government of the United Kingdom will further accord appropriate courtesies to the members and staff of the Joint Committee on Foreign Economic Co-operation of the Congress of the United States of America, and grant them the facilities and assistance necessary to the effective performance of their responsibilities. 3. The Government of the United Kingdom, directly and through its representatives on the Organisation for European Economic Co-operation, will extend full co-operation to the Special Mission, to the United States Special Representative in Europe and his staff, and to the members and staff of the Joint Committee. Such co-operation shall include the provision of all information and facilities necessary to the observation and review of the carrying out of this Agreement, including the use of assistance furnished under it. ARTICLE X 1. The Governments of the United States of America and the United Kingdom agree to submit to the decision of the International Court of Justice any claim espoused by either Government on behalf of one of its nationals against the other Government for compensation for damage arising as a consequence of governmental measures (other than measures concerning enemy property or interests) taken after 3rd April, 1948, by the other Government and affecting the property or interest of such national, including contracts with or concessions granted by duly authorised authorities of such other Government. It is understood that the undertaking of each Government in respect of claims espoused by the other Government pursuant to this paragraph is made in the case of each Government under the authority of, and is limited by, the terms and conditions of its declaration accepting the compulsory jurisdiction of the International Court of Justice under Article 36 of the Statute of the Court,13 and shall remain in force as to each Government on a basis of reciprocity until 14th August, 1951, and thereafter for such period as the declarations of such acceptance by both Governments are in effect, but not later than the date of termination of this Agreement. 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 the United Kingdom 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 13 TIAS 993, ante, vol. 3, p. 1186. 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. ARTICLE XI As used in this agreement: (a) "The United Kingdom" means the United Kingdom of Great Britain and Northern Ireland and any territory to which this Agreement shall have been extended under the provisions of Article XII. (b) The term "participating country" means (i) any country which signed the Report of the Committee of European Co-operation at Paris on 22nd September, 1947, and any territories for which it has international responsibility and to which the Economic Co-operation Agreement concluded between that country and the Government of the United States of America has been applied, and (ii) any other country (including any of the zones of occupation of Germany, and 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; provided that, and for so long as, such country is a party to the Convention for European Economic Co-operation and adheres to a joint programme for European recovery designed to accomplish the purposes of this Agreement. (c) The expression "nationals of the United Kingdom" shall mean British subjects belonging to, and companies and associations incorporated under the laws of, the United Kingdom or any territory to which this Agreement shall have been extended under Article XII. ARTICLE XII This Agreement shall, on the part of the Government of the United Kingdom, extend to the United Kingdom of Great Britain and Northern Ireland, to the territories specified in the schedule attached hereto, and to any other territories (being territories for whose international relations the Government of the United Kingdom is responsible) from the date on which the Government of the United Kingdom notifies the Government of the United States of America of the extension of the Agreement to them.1 Nothing in the 14 The agreement was made applicable to the following territories from the dates indicated: Leeward Islands (except for art. IV), Federation of Malaya, North Borneo, Falkland Islands, Sarawak, and Northern Rhodesia (July 20, 1948); British Honduras (Sept. 7, 1948); British Guiana, British Somaliland, Jamaica (except for art. IV), and Trinidad (except for art. IV) (Mar. 17, 1949); Southern Rhodesia (May 10, 1949); Barbados (except for art. IV) and Brunei (Oct. 26, 1949); Federation of Rhodesia and Nyasaland (Nov. 5, 1954); and Channel Islands and Isle of Man (Jan. 15, 1955). For an understanding regarding application of the agreement to The West Indies (except for art. IV), see agreement of June 26 and Aug. 20, 1959 (11 UST 2680; TIAS 1 1 Agreement shall be construed as imposing any obligation contrary to the terms of a Trusteeship Agreement in force in relation to any territory. Schedule Aden, Bahamas, Cyprus, Falkland Islands, Fiji and Western Pacific High ARTICLE XIII 1. This Agreement shall become effective on this day's date. Subject to the provisions of paragraphs 2 and 3 of this Article, it shall remain in force until 30th June, 1953, and, unless at least six months before 30th June, 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 assumptions underlying the 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 the 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 the Agreement. Subject to the provisions of paragraph 3 of this Article, the Agreement shall then 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 the United Kingdom 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 30th June, 1953. 3. Subsidiary agreements and arrangements negotiated pursuant to this Agreement may remain in force beyond the date of termination of the 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 pounds sterling required to be deposited in accordance with its terms have been disposed of as provided in that Article. Paragraph 2 of Article III shall remain in effect for so long as the guarantee 308-581-74 -57 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 authorised for the purpose, have signed the present Agreement. DONE in London, in duplicate, this 6th day of July, 1948. LEWIS W. DOUGLAS ANNEX INTERPRETATIVE NOTES 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 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 field 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, trade marks or copyrights granted by either country to matters which, according to its laws and regulations, 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. |