PROCLAMATION 7449—JUNE 8, 2001 115 STAT. 2791 With respect to the application of Chapter IV, Article 10 I, an investor that asserts that a tax measure involves an expropriation may submit that dispute to arbitration pursuant to Chapter IV, Article 4 3, provided that the investor concerned has first referred to the competent tax authorities ofboth Parties the issue of M'faether that tax measure involves an expropriation. However, the investor cannot submit the disputelo arbitration if, within nine months after the date of referral, the competent tax authorities of both Parties determine that the tax measure does not involve an expropriation. "Direct taxes" comprise alltaxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation Articles Consultations 1 The Parties agree to consult periodically to review the operation of this Agreement 2 The Parties agree to consult promptly as arranged through appropriate channels at (he request of either Party to discuss any matter concerningtheinterpretation or implementation of this Agreement and other relevant aspects of the relations belvireen the Parties 3 The Parties agree to establish a Joint Committee ("Committee) on Development of Economic and Trade Relations between Vietnam and the United States of America The Committee's responsibilities shall include the follovnng A. monitoring and securing the implementation of (his Agreement and making recommendations to achieve the objectives of this Agreement, (".• B. ensuring that a satisfactory balance of concessions is maintained duringthe life of this Agreement; C. serving as the appropriate channel through Ui-hich the Parties shall consult at the request of either Party to discuss and resolve matters arisingfrominterpretation or implementation of this Agreement, and D seeking and making proposals on the enhancement and diversification of economic and trade relations between the two countries 4 The Committee shall be co-chaired by representatives of the Parties atthe ministerial level, and have members who are representatives Irom the relevant agencies concerned with the implementation of this Agreement The Committee shall meet afuwally or at the request of ^ ^j ^
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