Page:United States Statutes at Large Volume 105 Part 3.djvu/737

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PROCLAMATION 6308—JUNE 24, 1991 105 STAT. 2621 Article XV. —Definitions As used in this Agreement, the terms set forth below shall have the following meaning: (a) "company," means any kind of corporation, company, association, sole proprietorship or other organization legally constituted under the laws and regulations of a Party or an political subdivision thereof, whether or not organized for pecuniary gain or privately or governmentally owned; provided that, either Party reserves the right to deny any company the advantages of this Agreement if nationals of any third country control such a company and, in the case of a company of the other Party, that company has no substantial business activities in the territory of the other Party or is controlled by nationals of a third country with which the denying country does not maintain normal economic relations; (b) "commercial representation," means a representation of a company or organization of a Party; (c) "national," means a natural person who is a national of a Party under its applicable law; and (d) "organization," means, with respect to the United States, a company of the United States and, with respect to the Mongolian People's Republic, any economic entity or enterprise (including a company) whether privately or governmentally owned. Article XVI.—General Exceptions 1. Subject to the requirement that such measures are not applied in a maimer which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prohibit the adoption or enforcement by a Party of: (a) measures necessary to secure compliance with laws or regulations which are not contrary to the purposes of this Agreement; (b) measures for the protection of intellectual property rights and the prevention of deceptive practices as set out in Article IX of this Agreement; or (c) any other measure referred to in Article XX of the GATT. 2. Nothing in this Agreement limits the application of any existing or future agreement between the Parties on trade in textiles and textile products. 3. Nothing in this Agreement shall preclude a Party from applying its laws relating to entities substantially owned or effectively controlled by the government of the other Party.