Page:United States Statutes at Large Volume 106 Part 6.djvu/789

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PROCLAMATION 6450-JUNE 23, 1992 106 STAT. 5347 (a) "right-holder," includes the right-holder himself, any other natural or legal person authorized by him who are exclusive licensees of the right, or oth^* authorized persons, including federations and associations, having legal standing under domestic law to assert such rights; (b) "A manner contrary to honest commercial practice" is understood to encompass, inter alia, practices such as theft, bribery, breach of contract, inducfflnent to breach, electronic and other forms of commercial espionage, and includes the acquisition, use or disclosure of trade secrets by third parties who knew, or had reasonable grounds to know, that such practices were involved in their acquisition of such information. (c) "Integrated circuit" means a product, in its fmal form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. 4. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbiti-ary or unjustiHable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this letter shall be construed to prohibit the adoption or enforcement by a Party of measures necessary to secure compliance with laws or regulations relating to the protection and enforcement of intellectual property rights and the prevention of deceptive practices as set out in this letter. 5. Each Party agrees to submit for enactment no later than December 31, 1993 the legislation necessary to carry out the obligations of this letter and to exert its best efforts to enact and implement this legislation by that date. 6. The Parties acknowledge that, under the existing Romanian law, it is not possible to fully implement the provisions of this letter. Accordingly, the Government of Romania has undertaken the obligation set forth in paragraph 5 of the side letter to submit and exert best efforts to enact and implement amendments to existing laws or enact new laws. Pending the enactment of such amendments or new laws which fully implement the provisions of the exchange of letters, if it is brought to the attention of the Romanian Government by the Government of the United States that existing laws are being applied in a manner inconsistent with this side letter, the Government of Romanian shall promptly take appropriate steps to rectify the inconsistency, including accelerating the introduction and implementation of such amendments and new laws. I have the further honor to propose this understanding be treated as an integral part of the Agreement I would be grateful if you would confirm that the understanding is shared by your Government I have the further honor to confirm that the foregoing understanding is shared by my Government and constitutes an integral part of the Agreement Sincerely, John R. Davis, Jr. Proclamation 6450 of June 23, 1992 Year of Reconciliation Between American Indians and Non-Indians, 1992 By the President of the United States of America A Proclamation By observing 1992 as the Year of the American Indian, we celebrate the rich heritage of each of this country's native peoples, as well as the unique government-to-government relationship that has evolved between Indian tribes and the Federal Government of the United States. At a time when we are working hard to strengthen a relationship based on mutual trust and cooperation—one in which the tribes of the Nation stand shoulder to shoulder with the other governmental units that form