Page:United States Statutes at Large Volume 62 Part 3.djvu/1371

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. amount reported by the Belgian Government as received from pur- chasers, not including customs duties and transfer taxes insofar as such duties and taxes are shown separately as additions to the sales price on sales documents. The fair value of property transferred to the Belgian Government hereunder and retained by the Belgian Gov- ernment for its own use will be considered part of the gross proceeds. Quarterlyreports. (b) The Belgian Government agrees to report to the United States Government quarterly, beginning March 31, 1947, the amount in Belgian francs of the gross proceeds of sales of the property trans- ferred to it under this agreement. The share of such proceeds ac- cruing to the United States will, on the several dates of such reports, become a dollar obligation of the Belgian Government to the United States Government. The dollar amount of the obligation will be com- puted at the par value between the two currencies established in con- formity with procedures of the International Monetary Fund, or, if no such par value exists, at the rate most favorable to the United States Government used in any official Belgian Government trans- action at the time payment is requested. The dollar obligations of the Belgian Government under this agreement will be governed by Ante. p. 3987. the provisions of paragraph 5 of the Memorandum of Understanding of September 24, 1946, between the two Governments. nnetereat onf - 7. The two Governments recognize that a time will be reached after in unsold property. which continued disposal by the Belgian Government of the property transferred hereunder on the basis of equal sharing of the gross pro- ceeds may impose an inequitable burden on the Belgian Government. When, in the opinion of the Belgian Government, this time has been reached or is in view, it will so report to the United States Govern- ment with supporting data. Promptly thereafter, or promptly after September 30, 1948 if no such report has been submitted, the two Governments will agree on the basis for a final determination of the financial interest of the United States Government in the unsold property transferred hereunder. pNonmprtatin of 8. The Belgian Government will use its best endeavors to insure that property transferred pursuant to this agreement shall not be imported into the United States in the same or substantially the same form, unless such property is to be imported into the United States on consignment to a person or firm in the United States for the purpose of reconditioning for re-export, or by a member or veteran of the United States Armed Forces for his personal use, or unless such im- portation is otherwise authorized. Nondiscrimination in distributiion of 9. The Belgian Government, when it disposes of or distributes property. property pursuant to this agreement, will use its best endeavors to avoid discrimination against the legitimate interests of the United States manufacturers of such property, or their agents or distributors. Members and veterans of the United States Armed Forces, United States Government Agencies, United States citizens and non-profit institutions, and UNmBA and the International Red Cross will be ac- corded an opportunity to buy the property transferred under this agreement on the same basis and at the same priority as accorded to other buyers of like character. 3992

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