Page:United States Statutes at Large Volume 105 Part 3.djvu/697

 PROCLAMATION 6307—JUNE 24, 1991 105 STAT. 2581 Article II.—Market Access for Products and Services 1. Each Party shall administer all tariff and nontariff measures affecting trade in a manner which affords, with respect to both third country and domestic competitors, meaningful competitive opportunities for products and services of the other Party. 2. Accordingly, neither Party shall impose, directly or indirectly, on the products of the other Party imported into its territory, internal taxes or charges of any kind in excess of those applied, directly or indirectly, to like domestic products. 3. Each Party shall accord to products originating in the territory of the other Party treatment no less favorable than that accorded to like domestic products in respect of all laws, regulations and requirements af- fecting their internal sale, offering for sale, purchase, transportation, distribution, storage or use. 4. The charges and measures described in paragraphs 2 and 3 of this Article should not be applied to imported or domestic products so as to afford protection to domestic production. 5. The Parties shall ensure that technical regulations and standards are not prepared, adopted or applied with a view to creating obstacles to international trade. Furthermore, each Party shall accord products imported from the territory of the other Party treatment no less favorable than that accorded to like domestic products and to like products originating in any third country in relation to such technical regulations or standards, including conformity testing and certification. 6. The Government of the Republic of Bulgaria shall accede to the International Convention on the Harmonized Commodity Description and Coding System and shall take all necessary measures to implement such Convention with respect to the Republic of Bulgaria. The Government of the United States of America shall endeavor to provide technical assistance, as appropriate, for the implementation of such measures. 7. The Parties agree to maintain a satisfactory balance of market access opportunities, including through concessions in trade in products and services and through the satisfactory reciprocation of reductions in tariffs and nontariff barriers to trade resulting from multilateral negotiations. Article III.—General Obligations With Respect to Trade 1. Trade in products and services shall be effected by contracts between nationals and companies of the United States and nationals and companies of the Republic of Bulgaria concluded on the basis of nondiscrimination and in the exercise of their independent commercial judgment and on the basis of customary commercial considerations such as price, quality, availability, delivery and terms of payment. 2. Neither Party shall require or encourage nationals or companies of the United States or nationals or companies of the Republic of Bulgaria to engage in barter or countertrade transactions. Nevertheless, where

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