Page:United States Statutes at Large Volume 62 Part 3.djvu/269

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AUSTRIA-TRADE -JULY 2, 1948 2877 such tariff barriers are imposed, it is understood that such undertak- ings shall be without prejudice to the application of the principles set forth in the Havana Charter for an International Trade Organiza- tion [l] relating to the reduction of tariffs on a mutually advantageous basis. 4. It is recognized that the absence of a uniform rate of exchange for the currency of the areas in Western Germany, Japan or Southern Korea referred to in point one above may have the effect of indirectly subsidizing the exports of such areas to an extent which it would be difficult to calculate exactly. So long as such a condition exists, and if consultation with the Government of the United States of America fails to reach an agreed solution to the problem, it is understood that it would not be inconsistent with the undertaking in point one for the Government of Austria to levy a countervailing duty on imports of such goods equivalent to the estimated amount of such subsidiza- tion, where the Government of Austria determines that the subsidiza- tion is such as to cause or threaten material injury to an established domestic industry or is such as to prevent or materially retard the establishment of a domestic industry. 5. The undertakings in this note shall remain in force until January Dnaton. 1, 1951, and unless at least six months before January 1, 1951, either Government shall have given notice in writing to the other of inten- tion to terminate these undertakings on that date, they shall remain in force thereafter until the expiration of six months from the date on which such notice shall have been given. Accept, Sir, the renewed assurances of my highest consideration. JOHN G. ERHARDT The Honorable KARL GRUBER, Minister of ForeignAffairs, Vienna. The Austrian Minister of Foreign Affairs to the American Minister DER BUNDESMINISTER FOR DIE AUSWARTIGEN ANOELEOENHEITEN Wien, den Vienna, July 2"' 1948. SIR: I have the honour to refer to the conversations which have recently taken place between representatives of our two governments relating to the territorial application of commercial arrangements between the United States of America and Austria and to confirm the under- standing reached as a result of these conversations as follows: 1. For such time as the Government of the United States of America participates in the occupation or control of any areas in Western Germany, the Free Territory of Trieste, Japan or Southern i Department of State publication 3117. 62 STAT.]