115 STAT. 2654 PROCLAMATION 7449—JUNE 8, 2001 maintuned without sufficient evidence {i.e., ariskassessment),takinginto account the availabilityofrelevant scientific information and regional conditions, such as pest free zones, B. ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking into account the risks non- fiilfillment would create. Such legitimate objectives include national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment In assessing such risks, relevant elements of consideration include available scientific and technical information, related processing technology or intended end- uses of produas 7 Upon the entry into force of this Agreement, each Party shall grant trading riglits tothe nationals and companies of the other Party. With respect to Vietnam, such trading rights shall begranted in accordance with the following schedule: A Upon emry into force of this Agreement, all domestic enterprises shall be allowed to engage in trading activities in all products, subject to restrictions listed in Annexes Ba ndC B. Upon entry into force of this Agreement, enterprises with capital directly invested by U.S nationals and companies shall be allowed, subject to the restrictions in Annexes B and C,to import goods and products to be used in, or in conneaion with their production or export actixnties whether or not such imports are specifically identified in their initial investmem license C. Three years after entryintoforce of this Agreement, enterprises with capital directly invested byU.S. nationals and companies, in production and manufacturing sectors, shall be allowed to engage in trading activities, subject to the restrictions listed in Annexes B, C and D, and provided such emerprises are (i) engaged in substantial business activities in the production and manufacturing sectors; and (ii) are lawfully operating in Vietnam D. Three years after entry into force of this Agreement, U.S. nationals and companies shall be allowed toeruer intojoint ventures with Vietnamese counterparts to engage in trading activities in all products, subject to restrictions listed in Annexes B, C and D Equhy contributed by U S companies shall not exceed 49K of such joint ventures' legal capital Three years thereafter, this limitation on U.S ownership shall be 5IK
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