54STAT.] VENEZUELA-RECIPROCAL TRADE-DEC. 28, 1940 creasing by more than 50 per centum any existing rate of duty or transferring any article between the dutiable and free lists. The proclaimed duties and other import restrictions shall apply to articles the growth, produce, or manufacture of all foreign countries, whether imported directly, or indirectly: Provided, That the President may suspend the application to articles the growth, produce, or manufacture of any country because of its discriminatory treatment of American commerce or because of other acts or policies which in his opinion tend to defeat the purposes set forth in this section; and the proclaimed duties and other import restrictions shall be in effect from and after such time as is specified in the proclamation. The President may at any time terminate any such proclamation in whole or in part." WHEmREA, pursuant to the said Tariff Act of 1930, as amended, I entered into a modus vivendi and a definitive agreement on Novem- ber 6, 1939,1 with the President of the United States of Venezuela; Attep.2376 . WHEREAS, by my proclamation of November 16, 1939, I did make public the said modus vivendi and definitive agreement, including two Schedules annexed to each of them, to the end that the said modus vivendi and every part thereof should be observed and ful- filled by the United States of America and the citizens thereof on December 16, 1939, and thereafter during its continuance in force, and that the said definitive agreement should be so observed and fulfilled upon its entry into full force, as provided for in Article XIX of the said definitive agreement; Ate, p.2399 . WHBERAS, by my proclamation of November 27, 1940, I did pro- Ante, . 2402. claim the entry into full force on December 14, 1940 of the said definitive agreement; WHEREAs, Article II of the said definitive agreement provides Ante, p. 2377 as follows: "Articles the growth, produce or manufacture of the United States of Venezuela, enumerated and described in Schedule II annexed to this Agreement and made a part thereof, shall, on their importation into the United States of America, be exempt from ordinary customs duties in excess of those set forth and provided for in the said Schedule. The said articles shall also be exempt from all other duties, taxes, fees, charges or exactions, imposed on or in connection with importation, in excess of those imposed on the day of the signature of this Agreement or re- quired to be imposed thereafter under laws of the United States of America in force on the day of the signature of this Agree- ment." [Executive Agreement Series No. 180.] 2457
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