Page:United States Statutes at Large Volume 105 Part 3.djvu/760

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105 STAT. 2644 PROCLAMATION 6320—AUG. 2, 1991 (d) taxes and other internal charges of any kind applied directly or indirectly to imported products; and (e) rules concerning sale, purchase, transport, distribution, storage and use of products on the domestic market. 2. Each Party shall accord to products originating in or exported to the territory of the other Party nondiscriminatory treatment with respect to the application of quantitative restrictions and the granting of licenses. 3. Each Party shall accord to imports of products and services originating in the territory of the other Party nondiscriminatory treatment with respect to the allocation of the currency needed to pay for such imports. 4. The provisions of paragraphs 1, 2 and 3 shall not apply to: (a) advantages accorded by either Party by virtue of such Party's full membership in a customs union or free trade area; (b) advantages accorded to third countries for the facilitation of frontier traffic; (c) advantages accorded to third countries in accordance with the General Agreement on Tariffs and Trade (the "GATT"), and advantages accorded to developing countries under the GATT and other international agreements; and (d) actions taken under Article XI (Market Disruption) of this Agreement. Article II. — General Obligations With Respect to Market Access for Products and Services 1. Recognizing the mutual benefit to trade relations on the basis of this Agreement and consistent with the most favored nation principles expressed in Article I, the Parties shall, on the basis of reciprocity and without detriment to relations with third countries, improve market access for products and services of the other Party and optimize mutual commercial opportunities, including through the satisfactory reciprocation of market opening measures resulting from multilateral negotiations. Taking the above into account and resulting from the development of market mechanisms in the Soviet Union and its closer relationship with the GATT, opportunities shall be created to increase step by step national treatment for products and services of the United States. 2. Trade in products and services shall be effected by contracts between nationals and companies of the United States and organizations of the Soviet Union concluded in the exercise of their independent commercial judgment and on the basis of customary commercial considerations such as price, quality, delivery and terms of payment. 3. Neither Party shall require or encourage Soviet organizations or U.S. nationals or companies to engage in barter or countertrade transactions. Nevertheless, where nationals, companies or organizations decide to resort to countertrade operations, the Parties will encourage them to furnish to each other all necessary information to facilitate the transaction.