Page:United States Statutes at Large Volume 63 Part 2.djvu/13

 63 STAT.] CHINA-FRIENDSHIP, COMMERCE, NAVIGATION-NOV. 4, 1946 of the authorities of the other High Contracting Party, shall receive reasonable and humane treatment. In so far as the term "nationals" where used in this paragraph is applicable in relation to property it shall be construed to include corporations and associations. 2. The property of nationals, corporations and associations of either High Contracting Party shall not be taken within the territories of the other High Contracting Party without due process of law and without the prompt payment of just and effective compensation. The recipient of such compensation shall, in conformity with such ap- plicable laws and regulations as are not inconsistent with paragraph 3 of Article XIX of this Treaty, be permitted without interference to withdraw the compensation by obtaining foreign exchange, in the currency of the High Contracting Party of which such recipient is a national, corporation or association, upon the most favorable terms applicable to such currency at the time application therefor is filed, provided application is made within one year after receipt of the com- pensation to which it relates. The High Contracting Party allowing such withdrawal reserves the right, if it deems necessary, to allow such withdrawal in reasonable instalments over a period not to ex- ceed three years. 3. The nationals, corporations and associations of either High Con- tracting Party shall throughout the territories of the other High Contracting Party receive protection and security with respect to the matters enumerated in paragraphs 1 and 2 of this Article, upon com- pliance with the laws and regulations, if any, which are or may hereafter be enforced by the duly constituted authorities, no less than the protection and security which is or may hereafter be ac- corded to the nationals, corporations and associations of such other High Contracting Party and no less than that which is or may here- after be accorded to the nationals, corporations and associations of any third country. 4. The nationals, corporations and associations of either High Con- tracting Party shall enjoy freedom of access to the courts of justice and to administrative tribunals and agencies in the territories of the other High Contracting Party, in all degrees of jurisdiction estab- lished by law, both in pursuit and in defense of their rights; shall be at liberty to choose and employ lawyers, interpreters and representa- tives in the prosecution and defense of their rights before such courts, tribunals and agencies; and shall be permitted to exercise all these rights and privileges, in conformity with the applicable laws and regulations, if any, which are or may hereafter be enforced by the duly constituted authorities, on terms no less favorable than the terms which are or may hereafter be accorded to the nationals, corporations and associations of such other High Contracting Party and no less favorable than are or may hereafter be accorded to the nationals, cor- porations and associations of any third country. Moreover, corpora- tions and associations of either High Contracting Party which do not have a permanent establishment, branch or agency within the territories of the other High Contracting Party shall be permitted to 1305 "Nationals". Post, p. 1315. Protection of na- tionals, corporations, etc. Access to courts of justice.

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