Page:United States Statutes at Large Volume 61 Part 5.djvu/44

This page needs to be proofread.
il Srl.

, ;I';\t1; I. \ I A;t{IEMI;.NT ()N TARIt FF8 ANI) TRAI)E-()oCT. 30. 19)4 A43 4. With regard to restrictions applied in accordance with para- graph 2(d) of this Article or under paragraph 2 (c) of Article XI, the selection of a representative period for any product and the appraisal of any special factors affecting the trade in the product shall be made initially by the contracting party applying the restriction; Provided that such contracting party shall upon the request of any other contracting party having a substan- tial interest in supplying that product or upon the request of the CONTRACTING PARTIES, consult promptly with the other contract- ing party or the CONTRACTING PARTIES regarding the need for an adjustment of the proportion determined or of the base period selected, or for the reappraisal of the special factors involved, or for the elimination of conditions, formalities or any other provisions established unilaterally relating to the allocation of an adequate quota or its unrestricted utilization. ['] 5. The provisions of this Article shall apply to any tariff quota instituted or maintained by any contracting party, and, insofar as applicable, the principles of this Article shall also extend to export restrictions and to any internal regulation or requirement under paragraphs 3 and 4 of Article III. Article XIV ExceDtions to the Rule of Non- discrimination 1. (a) The contracting parties recognize that when a substan- tial and widespread disequilibrium prevails in international trade and payments a contracting party applying restrictions under Article XII may be able to increase its imports from certain sources without unduly depleting its monetary reserves, if permitted to depart from the provisions of Article XIII. The contracting parties also recognise the need for close limit- ation of such departures so as not to handicap achievement of multilateral international trade. I [Post, p. A88.1