106 STAT. 5306 PROCLAMATION 6445-HJUNE 15, 1992 "In connection with the signing on this date of the Agreement on Trade Relations Between the Government of the United States of America and the Governmrait of the Republic of Albania (the 'Agreement'), I have the honor to confirm the understanding reached by our Governments (the 'Parties') regarding tourism and travel-related services as follows: 1. The Parties recognize the need to encourage and promote the growth of tourism and travel-related investment and trade between the United States of America and the Republic of Albania. In this regard, the Parties recognize the desirability of exploring the possibility of negotiating a separate bilateral agreement on tourism. 2. The Parties recognize the benetits to both economies of increased tourism and travelrelated investment in and trade between their two territories.
OFFICIAL TOURISM PROMOTION OFFICES 3. Each Party shall seek permission of the other Party prior to the establishment of official, governmental tourism promotion offices in the other's territory. 4. Permission to open tourism promotion offices or field offices, and the status of personnel who head and staff such offices, shall be as agreed upon by the Parties and subject to the applicable laws and regulations of the host country. 5. Tourism promotion offices opened by either Party shall be operated on a non-commercial basis. Official tourism promotion offices and the personnel assigned to them shall not function as agents or principals in conunercial transactions, enter into contractual agreements on behalf of commercial organizations or engage in other commercial activities. Such offices shall not sell services to the public or otherwise compete with private sector travel agents or tour operators of the host country. 6. Official governmental tourism offices shall engage in activities related to the facilitation of development of tourism between the United States and the Republic of Albania, including: a) providing information about the tourism facilities and attraction in their respective countries to the public, and travel trade and the media; b) conducting meetings and workshops for representatives of the travel industry; c) participating in trade shows; d) distributing advertising materials such as posters, brochures and slides, and coordinating advertising campaigns; and e) performing market research. 7. Nothing in this side letter shall obligate either Party to open such offices in the territory of the other Party. COMMERCIAL TOURISM ENTERPRISES 8. Commercial tourism enterprises, whether privately or governmentally-owned, shall be treated as private commercial enterprises, fully subject to all applicable laws and regulations of the host country. 9. Each Party shall ensure within the scope of its legal authority and in accordance with its laws and regulations that any company owned, controlled or administered by that Party or any joint venture therewith or any private company or joint venture between private companies, which effectively controls a significant portion of the supply of any tourism or travel-related service in the territory of that Party shall provide those services to nationals and companies of the other Party on a fair and equitable basis. Nothing in this letter or in the Agreement shall be construed to mean that tourism and travel-related services shall not receive the benefits from the Agreement as fully as all other industries and sectors. I have the honor to propose that this understanding be treated as an integral part of the Agreement. I would be grateful if you would confirm that this understanding is shared by your Government."