Page:United States Statutes at Large Volume 106 Part 6.djvu/746

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106 STAT. 5304 PROCLAMATION 6445-JUNE 15, 1992 Article XIV—Consultations 1. The Parties agree to set up a Joint Commercial Commission which will, subject to the terms of reference of its establishment, foster economic cooperation and the expansion of trade under this Agreement and review periodically the operation of this Agreement and make recommendations for achieving its objectives. 2. The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties. Article XV—Definitions As used in this Agreement, the terms set forth below shall have the following meaning: (a) "company," means any kind of corporation, company, association, sole proprietorship or other organization legally constituted under the laws and regulations of a Party or a political subdivision thereof, whether or not organized for pecuniary gain or privately or governmentally owned; provided that, either Party reserves the right to deny any company the advantages of this Agreement if nationals of any third country control such a company and, in the case of a company of the other Party, that company has no substantial business activities in the territory of the other Party or is controlled by nationals of a third country with which the denying country does not maintain normal economic relations; (b) "commercial representation," means a representation of a company of a Party; (c) "national," means a natural person who is a national of a Party under its applicable law. Article XVI—General Exceptions 1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prohibit the adoption or enforcement by a Party of: (a) measures necessary to secure compliance with laws or regulations which are not contrary to the purposes of this Agreement; (b) measures for the protection of intellectual property rights and the prevention of deceptive practices as set out in Article IX of this Agreement, provided that such measures shall be related to the extent of any injury suffered or the prevention of injury; or (c) any other measure referred to in Article XX of the GATT.