62 STAT.] MULTILATERAL-TARIFFS AND TRADE-MAR. 24 , 1948 1993 (b) If any contracting party has failed without sufficient justification to carry out with another contracting party negotiations of the kind described in paragraph 1 of Article 17 of the Havana Charter,[ 1] the CONTRACTING PARTIES may, upon complaint and after investigation, authorize the com- plaining contracting party to withhold from the other the concessions incorporated in the relevant Schedule to this Agreement. In any judgment as to whether a contracting party has so failed, the CONTRACTING PARTIES shall have regard to all relevant circumstances, including the develop- mental, reconstruction and other needs and the general fiscal structures of the contracting parties concerned and to the provisions of the Havana Charter as a whole. If in fact the concessions referred to are withheld, so as to result in the application to the trade of the other contracting party of tariffs higher than would otherwise have been applicable, such other contracting party shall then be free, within sixty days after such action becomes effective, to give written notice of withdrawal from the Agreement. The withdrawal shall take effect upon the expiration of sixty days from the day on which such notice is received by the CONTRACTING PARTIES. (c) The provisions of sub-paragraph (b) shall not apply as between any two contracting parties the Schedules of which contain concessions initially negotiated between such con- tracting parties. (d) The provisions of sub-paragraphs (b) and (c) shall not designat edprovisons. apply until January 1, 1949." II. Paragraph 1 of Article XXXII of the General Agreement on p6,7,8stat. Pt- 5 Tariffs and Trade shall read as follows: "The contracting parties to this Agreement shall be under- stood to mean those governments which are applying the provi- sions of this Agreement under Articles XXVI or XXXIII or pp 6 'tat Pt. 6. pursuant to the Protocol of Provisional Application." p61 Stat. , Pt. 6, III. Article XXXIII of the General Agreement on Tariffs and Trade p.67sta., P t. 6 ' shall read as follows: "A government not party to this Agreement, or a government acting on behalf of a separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement, may accede to this Agreement, on its own behalf or on behalf of that terri- tory, on terms to be agreed between such government and the CONTRACTING PARTIES. Decisions of the CONTRACTING PARTIES under this paragraph shall be taken by a two-thirds majority." I Havana Charter for an International Trade Organization and Final Act and Related Documents. Department of State publication 3117, p . 14.
�
