Page:United States Statutes at Large Volume 61 Part 3.djvu/288

 61 STAT.] NEPAL-FRIENDSHIP AND COMMERCE-APR. 25, 1947 Kingdom of Nepal and of the United States of America, respectively. 8. There shall be excepted from the provisions of paragraph 7 of this Agreement advantages now or hereafter accorded; (a) by virtue of a customs union of which either Party may become a member; (b) to adjacent countries in order to facilitate frontier traffic; (c) to third countries which are parties to a multilateral economic agreement of general applicability, including a trade area of substantial size, hav- ing as its objective the liberalization and promotion of international trade or other international economic intercourse and open to adop- tion by all the United Nations; and (d) by the United States of America or its territories or possessions to one another, to the Re- public of Cuba, to the Republic of the Philippines, or to the Panama Canal Zone. Clause (d) shall continue to apply in respect of any ad- vantages now or hereafter accorded by the United States of America or its territories or possessions to one another irrespective of any change in the political status of any such territories or possessions. 9. Nothing in this Agreement shall prevent the adoption or en- forcement by either Party: (a) of measures relating to fissionable materials, to the importation or exportation of gold and silver, to the traffic in arms, ammunition and implements of war, or to such traffic in other goods and materials as is carried on for the purpose of supplying a military establishment; (b) of measures necessary in pursuance of obligations for the maintenance of international peace and security or necessary for the protection of the essential interests of such Party in time of national emergency; or (c) of statutes in re- lation to immigration. 10. Subject to the requirement that, under like circumstances and conditions, there shall be no arbitrary discrimination by either Party against the nationals, commerce or navigation of the other Party in favor of the nationals, commerce or navigation of any third country, the provisions of this agreement shall not extend to prohibitions or restrictions: (a) imposed on moral olr hluninitarian grounds; (b) designed to protect human, animal, or plant life or health; (c) re- lating to prison-made goods; or (d) relating to the enforcement of police or revenue laws. 11. The provisions of this Agreement shall apply to all territory under the sovereignty or authority of either of the parties, except the Panama Canal Zone. 12. This Agreement shall continue in force until superseded by a more comprehensive commercial agreement, or until thirty days from the date of a written notice of termination given by either Party to the other Party, whichever is the earlier. Moreover either Party may terminate paragraphs 7 and 8 on 30 days' written notice. The Government of the Kingdom of Nepal approves the above pro- visions and is prepared to give effect thereto beginning with the date of this reply note. 2571 Effective date.

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