Page:United States Statutes at Large Volume 104 Part 6.djvu/970

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104 STAT. 5360 PROCLAMATION 6175—SEPT. 6, 1990 ARTICLE XVII. — DEFINITIONS 1. For purposes of this Agreement, (a) "company" of a Party means any kind of corporation, association, state enterprise, cooperative or other organization, legally constituted under the laws and regulations of a Party or a political subdivision thereof whether or not organized for pecuniary gain, or privately or governmentally owned; (b) "economic entity" means natural and juridical persons, including nationals and companies, entitled, according to Czechoslovak law, to carry out foreign trade activities; (c) "commercial representation" means an organizational component part of a Party's company established in accordance with the laws of the respective Party; (d) "non-discriminatory treatment" or "non-discrimination" means the better of national treatment or most-favored-nation treatment; (e) "national treatment," when applied to a company or national, means that treatment which is at least as favorable as the most favorable treatment accorded by a Party to companies or nationals of that Party in like circumstances. ARTICLE XVIII.— ENTRY INTO FORCE, TERM, SUSPENSION AND TERMINATION 1. This Agreement (including Side Letters which are an integral part of the Agreement) shall enter into force on the date of exchange of written notices of acceptance by the two Governments and shall remain in force as provided in paragraphs 2 and 3 of this Article. 2. (a) The initial term of this Agreement shall be three years, subject to subparagraphs (b) and (c) of this paragraph. (b) If either Party encounters or foresees a problem concerning its domestic legal authority to carry out any of its obligations under this Agreement, such Party shall request immediate consultations with the other Party. Once consultations have been requested, the other Party shall enter into such consultations as soon as possible concerning the circumstances that have arisen with a view to finding a solution to avoid action under subparagraph (c). (c) If either Party does not have domestic legal authority to carry out its obligations under this Agreement, either Party may suspend the application of this Agreement or, with the agreement of the other Party, any part of this Agreement. In that event, the Parties will, to the fullest extent practicable and consistent with domestic law, seek to minimize disruption to existing trade relations between the two countries. 3. This Agreement shall be extended for successive terms of three years each unless either Party has given written notice to the other Party of its intent to terminate this Agreement at least 30 days prior to the expiration of the then current term.