Page:United States Statutes at Large Volume 63 Part 2.djvu/999

 2300 TREATIES [63 STAT. 3. During the current transitional period of recovery from the Ant, p. 2278. recent war, the provisions of Article XVI, paragraph 1, of the Treaty shall not prevent the application by either High Contracting Party of needed controls to the internal sale, distribution or use of imported articles in short supply, other than or different from controls applied with respect to like articles of national origin. However, no such controls over the internal distribution of imported articles shall be (a) applied by either High Contracting Party in such a manner as to cause unnecessary injury to the competitive position within its territories of the commerce of the other High Contracting Party, or (b) continued longer than required by the supply situation. 4. Neither High Contracting Party shall impose any new restriction Ant, p. 2298. under paragraph 1 of the present Protocol without having given the other High Contracting Party notice thereof which shall, if possible, be not less than thirty days in advance and shall not in any event be less than ten days in advance. Bach High Contracting Party shall afford to the other High Contracting Party opportunity for consultation at any time concerning the need for and the application of restrictions to which such paragraph relates as well as concerning the application of paragraph 3; ahd either High Contracting Party shall have the right to invite the International Monetary Fund to participate in such consultation, with reference to restrictions to which subparagraphs (a), (o) and (d) of paragraph 1 relate. 5. Whenever exchange difficulties necessitate that pursuant to Article Ant, p. 228. XXIV, pararaaph 1 (f), the Italian Government regulate the withdrawals Ante, p. 2262. provided for in Article V, paragraph 2, the Italian Government may give priority to applications made by nationals, corporations and associations of the United States of America to withdraw compensation received on account of property acquired on or before December 8, 1934, or, if subsequently acquired: (a) in the case of immovable property, if the owner at the time of acquisition had permanent residence outside Italy, or, if a corporation or asso- ciation, had its center of management outside Italy; (b) in the case of shares of stock, if at the time of acquisition Italian laws and regulations permitted such shares to be traded outside Italy; (o) in the case of bank deposits, if carried on free account at the time of taking; (d) In any case, if the property was acquired through importing foreign exchange, goods or services into Italy, or through reinvestments of profits or accrued interest from sa.h imports whenever made. The Italian Government undertakes to grant every facility to assist appli- cants in establishing their status for the purposes of this paragraph; and to accept evidence of probative value as establishing, in the absence of preponderant evidence to the contrary, a priority claim. 6. Whenever a multiple exchange rate system is in effect in Italy, the rate of exchange which shall be applicable for the purposes of Article V, paragraph 2, need not be the most favorable of all rates applicable to interna- tional financial transactions of whatever nature; provided, however, that the rate applicable will in any event permit the recipient of compensation actually

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