Page:United States Statutes at Large Volume 62 Part 3.djvu/343

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. ARTICLE X. Special Mission. 1. The Government of China agrees to receive a Special Mission for Economic Cooperation which will discharge the responsibilities of the Government of the United States of America in China under this Agreement. Special Mission as 2. The Government of China will, upon appropriate notification part of U. S. Embassy. Post, p. 2954. from the Ambassador of the United States of America in China, con- sider the Special Mission and its personnel as part of the Embassy of the United States of America in China for the purposes of enjoying the privileges and immunities accorded to that Embassy and its person- Joint Committee. nel of comparable rank. The Government of China will further ac- cord appropriate courtesies to the members and staff of the Joint Com- mittee on Foreign Economic Cooperation of the Congress of the United States of America and will grant them the facilities and assistance nec- essary to the effective performance of their responsibilities. 3. The Government of China will extend full cooperation to the Special Mission and to the members and staff of the Joint Committee. Such cooperation shall include the provision of all information and facilities necessary to the observation and review of the carrying out of this Agreement, including the use of assistance furnished under it. ARTICLE XI. Settlement of clams 1. The Governments of the United States of America and of China agree to submit to the decision of the International Court of Justice any claim espoused by either Government on behalf of one of its nationals against the other Government for compensation for dam- age arising as a consequence of governmental measures (other than measures concerning enemy property or interests) taken after April 3, 1948 by the other Government and affecting property or interests of such national including contracts with or concessions granted by duly authorized authorities of such other Government. It is understood that the undertaking of each Government in respect of claims espoused by the other Government pursuant to this paragraph is made in the case of each Government under the authority of and is limited by the terms and conditions of such effective recognition as it has hereto- fore given to the compulsory jurisdiction of the International Court 9 Stat. 1060. of Justice under Article 36 of the Statute of the Court. The provisions of this paragraph shall be in all respects without prejudice to other rights of access, if any, of either Government to the Inter- national Court of Justice or to the espousal and presentation of claims based upon alleged violations by either Government of rights and duties arising under treaties, agreements or principles of international law. Pot,p.2979. 2. The Governments of the United States of America and of China 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 unless the national concerned has exhausted the remedies available to him in the administrative and judicial tribunals of the country in which the claim exists. 2952

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