Page:United States Statutes at Large Volume 107 Part 3.djvu/752

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107 STAT. 2690 PROCLAMATION 6577-^JULY 2, 1993 The Commission shall operate pursuant to its existing Terms of Ref- erence and Rules of Procedure, as the same may be modified from time to time by the Parties. 2. At the request of either Party, the Parties agree to consult promptly through appropriate channels to discuss any matter concerning the interpretation or implementation of this Agreement or other relevant aspects of relations between the Parties. Article XIV—Definitions 1. 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, and whether or not privately or government owned. (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 the Party's applicable laws. Article XV—General Exceptions 1. Nothing in this Agreement shall be construed to prohibit any action by either Party which is required or permitted by the GATT. 2. So long as the measure does not constitute either an 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: (a) measures for the protection of intellectual property rights and for the prevention of deceptive practices, as set out in Article VIII and the side letters to this Agreement, provided that such measures shall be related to the extent of an injury suffered or to prevent such an injury's occiurence; (b) measures for reasons contemplated by Article XX of the GATT, provided that the term "Agreement" in GATT Article XX, paragraph (d) shall be construed to refer to this Agreement. 3. Trade in products or services between the Parties which is subject to existing or subsequent bilateral or multilateral agreements on specific sectoral trade, such as existing agreements on textiles and civil aircraft, shall be subject to the terms of any such agreement. 4. Each Party reserves the right to deny the advantages of this Agreement to any company if either (i) nationals of a third country control the company and the company has no substantial business activities in the territory of the other Party, or (ii) the company is controlled by nationals of a third country with which the Party does not maintain normal economic relations.