Page:United States Statutes at Large Volume 105 Part 3.djvu/740

 105 STAT. 2624 PROCLAMATION 6308—JUNE 24, 1991 UNITED STATES DEPARTMENT OF COMMERCE The Under Secretary for Travel and Tourism Washington, DC 20230 Washington, January 23, 1991. The Honorable Sed-Ochiryn Bayarbaatar, Minister of Trade and Industry Mongolian People's Republic Dear Mr. Minister: In connection with the signing on this date of the Agreement on Trade Relations Between the Government of the United States of America and the Government of the Mongolian People's Republic (the "Agreement"), I have the honor to confirm the understanding reached by our Governments (the "Parties") regarding cooperation in the field of tourism services as follows: The Parties recognize the need to encourage and promote the growth of tourism and travel-related investment and trade between the United States of America and the Mongolian People's Republic. The Parties recognize the benefits to both economies of increased tourism and travel-related investment in and trade between their two territories. Each Party shall seek permission of the other Party prior to the establishment of official, governmental tourism promotion offices in the other's territory. Permission to open official tourism promotion offices or field offices shall be as agreed upon by the Parties, and subject to the applicable laws, regulations and policies of the host country. Official tourism promotion offices opened by either Party shall be operated on a non-commercial basis. Official tourism promotion offices and the personnel assigned to them shall not function as agents or principals in commercial transactions, enter into contractual agreements on behalf of commercial organizations or engage in other commercial activities. Such offices shall not sell services to the public or otherwise compete with private sector travel agents or tour operators of the host country. Nothing in this side letter shall obligate either Party to open such offices in the territory of the other. Private and governmentally-owned commercial toiuism enterprises shall be treated as private commercial enterprises fully subject to all applicable laws and regulations of the host country. Each Party shall ensure, within the scope of its legal authority, that any company owned, controlled or administered by that Party, or any joint venture therewith, which effectively controls a significant portion of the supply of any tourism or travel-related service in the territory of that Party shall provide those services to nationals and companies of the other Party in a fair and equitable manner and on a most-favored-nation basis. Nothing in this letter or in the Agreement shall be construed to mean that tourism and travel-related services shall not receive the benefits from that Agreement as fully as all other industries and sectors. The Parties will consider negotiating a separate agreement on tourism and travel-related services. I have the further honor to propose that this understanding be treated as an integral part of the Agreement. I would be grateful if you would confirm that this understanding is shared by your Government. Sincerely, ROCKWELL A. 8CHNABEL

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