106 STAT. 5340 PROCLAMATION 6449-JUNE 22, 1992 confirm the understanding reached by our Governments (the "Parties") regarding cooperation in the field of tourism services as follows: GOAL 1. Both Parties shall {acilitate the expansion of tourism between the United States and Romania and oicourage the adoption of measures by tourist companies of both countries to satisfy the desire of tourists to learn about the lifestyles, achievements, history and culture of eadi country. OFFICIAL TOURISM PROMOTION 1. Each Party shall seek permission of the other Party prior to the establishmoit of official, govenmiental tourism promotion offices in the other's territory. 2. Permission to open tourism promotion offices or field offices and the status of personnel at those offices shall be subject to the agreement of the Parties and subject to the laws and regulations of the host country. 3. Tourism promotion offices opened by either Party shall be operated on a non-commercial basis. Official tourism promotion offices and the personnel assigned to than shall not function as agents or principals in commercial transactions, «iter into contractual agreements on behalf of commercial organizations, or engage in any oth«- commercial activities. Such offices shall not sell sovices to the public or otherwise compete with travel agents or tour operators of eitho* country. 4. Official governmental tourism offices shall conduct activities related to the promotion and facilitation of tourism between the United States and Romania, including: (a) providing information about the tourist facilities and attractions in their respective countries to the public, the travel industry, and the media; (b) holding meetings and workshops for representatives of the travel industry, as appropriate; (c) participating in trade shows; (d) distributing advertising and promotional materials such as posters, brochures, and photographs to the public, the travel industry, and the media; (e) performing tourism market research. 5. Nothing in this letter shall obligate either Party to open an official governmental tourism office in the territory of the other. COMMERCIAL TOURISM COMPANIES 1. Commercial tourism companies, whether privately or governmentally owned, or branches thereof, shall be treated as private commercial companies, fully subject to all applicable laws and regulations of the host country. 2. Each Party shall ensure within the scope of its legal authority and in accordance with its laws and regulations that any company owned, controlled, or administered by that Party or any joint venture therewith, or any private company or joint venture betwe«i private companies, which effectively controls a significant proportion of the tourism and travel-related services in the territory of that Party shall provide those services to nationals and companies of the other Party on a fair and equitable basis. Nothing in this letter or in the Agreement shall be construed to mean that tourism and travel-related services shall not receive the benefits fhim the Agreement as fully as all other industries and sectors. I have the further honor to propose that this understanding be treated as an integral part of the Agreement I would be grateful if you would confirm that this understanding is shared by your government I have the further honor to confirm that the foregoing understanding is shared by my Government and constitutes an integral part of the Agreement Sincerely, John R. Davis, Jr.
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