Page:United States Statutes at Large Volume 62 Part 3.djvu/254

 2862 Post, p. 2865. 61 Stat. , Pt. p. 1218. Pod, p. 2865. Portugal. Inclusion of dependent areas. "Participating country." INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. arising as a consequence of governmental measures (other than meas- ures taken by the Government of the United States of America con- cerning enemy property or interests) taken after April 3, 1948, by the other Government and affecting property or interest of such national, including contracts with or concessions granted by duly authorized authorities of such other Government. It is understood that the undertaking of the Government of the United States of America in respect of claims espoused by the Government of Portugal pursuant to this paragraph is made under the authority of and is limited by the terms and conditions of the recognition by the United States of America of the compulsory jurisdiction of the International Court of Justice under Article 36 of the Statute of the Court, as set forth in the Declaration of the President of the United States of America 2, dated August 14, 1946. 2. The Governments of the United States of America and Portugal further agree that such claims may be referred, in lieu of the Court, to any arbitral tribunal mutually agreed upon. 3. It is further understood that neither Government will espouse a claim pursuant to this Article until its national has exhausted the remedies available to him in the administrative and judicial tribunals of the country in which the claim arose. 4. The provisions of this Article shall be in all respects without prejudice to other rights of access, if any, of either Government, to the International Court of Justice or other arbitral tribunal or to the espousal and presentation of claims based upon alleged violations by either Government of rights and duties arising under treaties, agree- ments or principles of international law. Article X (Definitions) As used in this Agreement: a) Portugal means the Republic of Portugal, (including the Azores Islands and the Madeira Islands) together with dependent areas under its administration, including the Cape Verde Islands, Portu- guese Guinea, the fortress of Sao Joao Baptista de Ajuda, Sao Tome and Principe, Angola, Mozambique, Portuguese India (comprising Goa, Damao, Diu), Macao and Portuguese Timor. b) The term "participating country" means (i) any country which signed the Report of the Committee of European Economic Cooperation at Paris on September 22, 1947, [1] and territories for which it has international respon- sibility and to which the Economic Cooperation Agreement concluded between that country and the Government of the United States of America has been applied, and (ii) any other country (including any of the zones of occupation of Germany, and areas under international administration I Department of State publication 2930.

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