Page:United States Statutes at Large Volume 50 Part 2.djvu/659

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EL SALVADOR-RECIPROCAL TRADE-FEB. 19, 1937 Salvador, enumerated and described in Schedule II; nor will the Republic of El Salvador impose any prohibition, import or customs quotas, import licenses or any other form of quantitative regulation, whether or not operated in connection with any agency of centralized control, on the importation or sale of any article the growth, produce or manufacture of the United States of America, enumerated and described in Schedule I. 2. The foregoing provision shall not apply to: (a) Prohibitions or restrictions (1) imposed on moral or humani- tarian grounds; (2) designed to protect human, animal or plant life; (3) relating to prison-made goods; or (4) relating to the enforcement of police or revenue laws; or to (b) Quantitative restrictions in whatever form, imposed by the United States of America or the Republic of El Salvador on the impor- tation or sale of any article the growth, produce or manufacture of the other country, in conjunction with governmental measures operat- ing to regulate or control the production, market supply or prices of like domestic articles, or tending to increase the labor costs of pro- duction of such articles. Whenever the Government of either country proposes to establish or change any restriction authorized by this sub- paragraph, it shall give notice thereof in writing to the other Govern- ment and shall afford such other Government an opportunity within thirty days after receipt of such notice to consult with it in respect of the proposed action; and if an agreement with respect thereto is not reached within thirty days following receipt of the aforesaid notice, the Government which proposes to take such action shall be free to do so at any time thereafter, and the other Government shall be free within fifteen days after such action is taken to terminate this Agreement in its entirety on thirty days' written notice. 3. It is understood that the provisions of this Article do not affect the application of measures directed against misbranding, adulteration and other fraudulent practices, such as are provided for in the pure food and drug laws of the United States of America, or the application of measures directed against unfair practices in import trade, such as are provided for in Section 337 of the United States Tariff Act of 1930. ARTICLE VII 1. If the Government of the United States of America or the Republic of El Salvador establishes or maintains any form of quanti- tative restriction or control of the importation or sale of any article in which the other country has an interest, or imposes a lower import duty or charge on the importation or sale of a specified quantity of any such article than the duty or charge imposed on importations in excess of such quantity, the Government taking such action will: (a) Give public notice of the total quantity, or any change therein, of any such article permitted to be imported or sold or permitted to be imported or sold at such lower duty or charge, during a specified period; (b) Allot to the other country for such specified period a share of such total quantity as originally established or subsequently changed in any manner equivalent to the proportion of the total importation of such article which such other country supplied during a previous representative period, unless it is mutually agreed to dispense with such allotment; and (c) Give public notice of the allotments of such quantity among the several exporting countries, and at all times upon request advise the Government of the other country of the quantity of any such article the growth, produce or manufacture of each exporting country which Post, p. 1572. Post, p. 1571. Exceptions. Notice of proposed restriction. U. 8.purefood and drug laws not af- fected. 46 Stat. 703. 19 U.S .C.§ 1337. Action where a low- er rate is Imposed on portion of imports, etc. 1567