Page:United States Statutes at Large Volume 62 Part 2.djvu/516

 Advice and consent to ratification. Reservations. Article XI. Ante, p. 1762. Article XIIL Ante, p. 1762. Article XIV. Ante, p. 1762. Ratification. Exchange of lnstru- ments of ratification. Ante, p. 1762 AND WHEREA the Senate of the United States of America, by their resolution of June 17, 1948, two-thirds of the Senators present con- curring therein, did advise and consent to the ratification of the afore- said convention subject to certain reservations, as follows: "(1) The Government of the United States of America does not accept Article XI of the convention relating to gains from the sale or exchange of capital assets. "(2) The Government of the United States of America does not accept Article XIII of the convention relating to United States taxation of the undistributed earnings, profits, income or surplus of a Netherlands corporation. "(3) The Government of the United States of America does not accept Article XIV of the convention relating to settlement of un- paid United States income tax liability unless there be eliminated therefrom, (a) references now appearing therein to Article XIII and (b) any language which might prevent the taxation by United States of capital gains, if any, taxable under the revenue laws of the United States for the respective years in which such gains were realized." AND WmHEEAS the texts of the aforesaid reservations were communi- cated by the Government of the United States of America to the Government of the Kingdom of the Netherlands and thereafter the Government of the Kingdom of the Netherlands gave notice of its acceptance of the aforesaid reservations; AND WHEREAS the aforesaid convention was duly ratified by the President of the United States of America on November 19, 1948, in pursuance of the aforesaid advice and consent of the Senate and subject to the aforesaid reservations, and was duly ratified on the part of the Kingdom of the Netherlands; AND WHEREAS the respective instruments of ratification of the afore- said convention were duly exchanged at Washington on December 1, 1948, and a protocol of exchange of instruments of ratification, in the English and Dutch languages, was signed on that date by the respective Plenipotentiaries of the United States of America and the Kingdom of the Netherlands, the English text of which protocol reads in part as follows: "The ratification by the Government of the United States of America of the convention aforesaid recites in their entirety the reservations contained in the resolution of June 17, 1948 of the Sen- ate of the United States of America advising and consenting to ratification of the convention aforesaid, the texts of which reserva- tions were communicated by the Government of the United States of America to the Government of the Kingdom of the Netherlands. The Government of the Kingdom of the Netherlands has accepted the reservations aforesaid. Accordingly, it is the understanding of both Governments that Article XI and Article XIII of the convention aforesaid shall be deemed to be deleted and of no effect and further that, with respect to Article XIV, there shall be deemed Ante, p. 1762. 1794 [62 STAT. TREATIES

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