Page:United States Statutes at Large Volume 63 Part 2.djvu/989

 2290 TREATIES [63 STAT. 60 Stat. 1401. Washington December 27, 1945, but without utilizing its privileges under Article 60 Stat. 1409. VI, section 3, of that Agreement so as to rnipair any provision of this Treaty; provided that either High Contracting Party may, nevertheless, regulate capital transfers to the extent necessary to insure the importation of essential goods or to effect a reasonable rate of increase in very low monetary reserves or to prevent its monetary reserves from falling to a very lowlevel. f theInternational Monetary Fund should cease to function, or if either High Contracting Party should cease to be a member thereof, the two High Contracting Parties, upon the request of either High Contracting Party, shall consult together and may conclude such arrangements as are necessary to permit appropriate action in contingencies relating to international financial transactions comparable with those under which exceptional action had previously been permissible. Limitations. 2. Subject to the requirement that, under like circumstances and conditions, there shall be no arbitrary discrimination by either High Contracting Party against, the other High Contracting Party or against the nationals, corporations, associations, vessels or commerce thereof, in favor of any third country or the nationals, corporations, associations, vessels or commerce thereof, the provisions of this Treaty shall not extend to prohibitions or restrictions: (a) imposed on moral or humanitarian grounds; (b) designed to protect human, animal or plant life. or health; (c) relating to prison-made goods; or (d) relating to the enforcement of police or revenue laws. 3. The provisions of this Treaty according treatment no less favorable than the treatment accorded to any third country shall not apply to: (a) advantages which are or may hereafter be accorded to adjacent coun- tries in order to facilitate frontier traffic; (b) advantages accorded by virtue of a customs union of which either High Contracting Party may, after consultation with the other High Contracting Party, become a member so long as such advantages are not extended to any country which is not a member of such customs union; (c) advantages accorded to third countries pursuant to a multilateral eco- nomic agreement of general applicability, including a trade area of substantial size, having as its objective the liberalization and promotion of international trade or other international economic intercourse, and open to adoption by all Pod, p. 2306. the United Nations; (d) advantages now accorded or which may hereafter be accorded by the Italian Republic to San Marino, to the Free Territory of Trieste or to the State of Vatican City, or by the United States of America or its territories or possessions to one another, to the Panama Canal Zone, to the Republic of Cuba, to the Re- public of the Philippines or to the Trust Territory of the Pacific Islands; or (e) advantages which, pursuant to a decision made by the United Nations or an organ thereof or by an appropriate specialized agency in relationship with the United Nations, may hereafter be accorded by either High Contracting Party to areas other ]than those enumerated in subparagraph (d) of the present paragraph. The provisions of subparagraph (d). shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America

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