62 STAT.] AUSTRIA-ECONOMIC COOPERATION--JULY 2, 1948 3. It is understood that the business practices and business ar- rangements referred to in paragraph 3 of Article II mean: Ante, p. 2140. a. Fixing prices, terms or conditions to be observed in dealing with others in the purchase, sale or lease of any product; b. Excluding enterprises from, or allocating or dividing, any territorial market or field of business activity, or allocating cus- tomers, or fixing sales quotas or purchase quotas; c. Discriminating against particular enterprises; d. Limiting production or fixing production quotas; e. Preventing by agreement the development or application of technology or invention whether patented or unpatented; f. Extending the use of rights under patents, trade marks or copyrights granted by either country to matters which, according to its laws and regulations, are not within the scope of such grants, or to products or conditions of production, use or sale which are likewise not the subjects of such grants; and g. Such other practices as the two governments may agree to include. 4. It is understood that the Government of Austria is obligated to take action in particular instances in accordance with paragraph 3 of Article II only after appropriate investigation or examination. Ante, p.2140. 5. It is understood that the Government of Austria will not be requested, under paragraph 2 (a) of Article VI, to furnish detailed Ante, p.2143. information about minor projects or confidential commercial or tech- nical information the disclosure of which would injure legitimate commercial interests. 6. It is understood that the Government of the United States of America in making the notifications referred to in paragraph 2 of Article VIII will bear in mind the desirability of restricting, as far as Ante, p .2144 practicable, the number of officials for whom full diplomatic privileges will be requested. It is also understood that the detailed application of Article VIII will, when necessary, be the subject of inter-govern- mental discussion. 7. It is understood that if the Government of Austria should accept the compulsory jurisdiction of the International Court of Justice under Article 36 of the statute of the Court, on suitable terms and conditions, 69 tat. 1060. the two Governments will consult with a view to replacing the second sentence of paragraph 1 of Article IX with provisions along the Ante p.2144 following lines: It is understood that the undertaking of each Gov- ernment in respect of claims espoused by the other Government pur- suant to this paragraph is made in the case of each Government under the authority of and is limited by the terms and conditions of such effective recognition as it has heretofore given to the compulsory jurisdiction of the International Court of Justice under Article 36 of the statute of the Court. 8. It is understood that any agreements which might be arrived at pursuant to paragraph 2 of Article IX would be subject to ratification An'te p. 2145 by the Senate of the United States of America. 2147
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