Page:United States Statutes at Large Volume 55 Part 2.djvu/684

 1558 Access to records, etc. Collaboration. Time allowed for procurement of data. Examination and appraisal of proofs. Time allowed for completion of work. Interest. Joint report. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [55 STAT. 6. The experts shall have free access to all records in the possession of the Mexican Government, as well as to the oil fields, lands, installations, offices, buildings and any other properties whatsoever involved directly or indirectly in the evaluation. The United States expert, on the request of the Mexican expert, will ask the interested persons and institutions for pertinent evidence; when such request relates to evidence already submitted by such persons or institutions their refusal to comply with the request will bring into operation the applicable provision of paragraph 9. 7. As soon as one expert obtains or learns of any pertinent data, report, or evidence, he will inform the other. Either expert may request from the other the furnishing of any data, report or evidence which for any reason are available only to the other. 8. Within a period of two months, from the date of their first meeting, the experts shall obtain and receive all data, reports, and evidence; except that a further period of one month shall be allowed for the presentation by either expert of additional data, reports and evidence complementing, clarifying or rectifying the material obtained or received in the said period of two months. 9. The experts are required to examine and appraise all the proofs obtained directly or that may be submitted to them. They shall not take into account any specific evidence submitted ex parte when the person or institution submitting it refuses in connection with it to furnish pertinent complementary evidence requested by the United States expert, in accordance with the provisions of paragraph 6. The experts shall not take into account reasons of a technical nature in formulating their decisions-be these joint or those submitted in disagreement-but will fix adequate indemnities on the basis of common rules of justice and equity and will be guided by the value of the properties, rights or interests at the time they were affected by acts of the Govern- ment of Mexico provided that these properties, rights or interests had been acquired by nationals of the United States of America prior to March 18, 1938. 10. The experts shall complete their work within five months from the date of this note. If they are in accord regarding the amount of the compensation due to the affected United States nationals, they shall submit a joint report to the two Governments fixing exactly the indemnities upon which they agree. The experts shall formulate recommendations as to the manner and conditions of payment of the compensation. 11. The experts shall fix equitable interest upon the indemnity compensation they find due; this interest will apply from the date fixed by these experts up to the time of payment. 12. Both Governments agree to consider unappealable the joint report resulting from the agreement of the experts, and, in consequence, as definitive, the compensation and interest fixed in such report.

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