2890 61 Stat., Pts. 5 and 6. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. America, I have the honor to confirm the agreement reached as a result of these conversations as follows: 1. For such time as the Government of the French Republic and the Government of the United States of America participate in the occupation or the control of any territories in Western Germany or in the territory of the Free City of Trieste, the other Government will apply to the commerce of such areas the provisions of the General Agreement on Tariffs and Trade, dated October 30, as now or hereafter amended, relating to most-favored-nation treatment. 2. The undertaking entered into by the Government of the French Republic and the Government of the United States of America in the foregoing subparagraph will apply to the trade of the aforesaid areas only for such time and to such extent as such areas accord reciprocal most-favored-nation treatment to the trade of France and the United States of America. 3. The undertakings entered into in subparagraphs 1 and 2, above, are adopted in consideration of the absence at the present time of effective or real customs barriers to imports into the military occupa- tion areas thus defined. In the event that such customs barriers are established, it is understood that such undertakings shall be without prejudice to the application of the principles set forth in the Havana Charter relating to the reduction of tariffs on a mutually advantageous basis. 4. It is recognized that the absence of a uniform rate of exchange in the areas of Western Germany may have the effect of indirectly subsidizing the exports of such areas in a manner which it would be difficult to calculate exactly. So long as such a condition exists, and if consultations with the Government of the United States fail to reach an agreed solution of this problem, it is understood that it would not be inconsistent with the undertakings entered into in subparagraph 1 by the French Government to levy a countervailing duty on imports of such goods to compensate the estimated amount of such subsidies, where the French Government decides that the subsidy is such as to cause or threaten material injury to a national industry or to prevent or retard the establishment of a national industry. 5. The undertakings entered into in this exchange of notes shall remain in force until January 1, 1951, and unless at least six months before January 1, 1951 either Government shall have given notice in writing to the other Government of intention to terminate these undertakings on that date, they shall remain in force until the expira- tion of a period of six months from the date on which notice of inten- tion to terminate shall have been given. Please accept, Mr. Ambassador, the assurances of my highest consideration. G BIDAULT His Excellency The Honorable JEFFERSON CAFFERY Ambassador of the United States of America Paris
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