TREATIES ARICLE XX Monopolie; agencie POt. p. 1324. Freedom of com- meroe and navigation. Nationality of ve- "Vessela. " 1. If the Government of either High Contracting Party establishes or maintains a monopoly or public agency for the importation, ex- portation, purchase, sale, distribution or production of any article, or grants exclusive privileges to any agency to import, export, pur- chase, sell, distribute or produce any article, such monopoly or agency shall accord to the commerce of the other High Contracting Party fair and equitable treatment in respect of its purchases of arti- cles the growth, produce or manufacture of foreign countries and its sales of articles destined for foreign countries. To this end the mo- nopoly or agency shall, in making such purchases or sales of any article, be influenced solely by considerations, such as price, quality, marketability, transportation and terms of purchase or sale, which would ordinarily be taken into account by a private commercial enter- prise interested solely in purchasing or selling such article on the most favorable terms. If the Government of either High Contracting Party establishes or maintains a monopoly or agency for the sale of any service or grants exclusive privileges to any agency to sell any service, such monopoly or agency shall accord fair and equitable treat- ment to the other High Contracting Party and to the nationals, cor- porations, associations and commerce thereof in respect of transactions involving such services as compared with the treatment which is or may hereafter be accorded to any third country and to the nationals, corporations, associations and commerce thereof. 2. The Government of each High Contracting Party, in the award- ing of concessions and other contracts, and in the purchasing of sup- plies, shall accord fair and equitable treatment to the nationals, corporations and associations and to the commerce of the other High Contracting Party as compared with the treatment which is or may hereafter be accorded to the nationals, corporations and associations and to the commerce of any third country. ARTICLE XXI 1. Between the territories of the High Contracting Parties there shall be freedom of commerce and navigation. 2. Vessels under the flag of either High Contracting Party, and carrying the papers required by its national law in proof of national- ity, shall be deemed to be vessels of that High Contracting Party both within the ports, places and waters of the other High Contracting Party and on the high seas. As used in this Treaty, "vessels" shall be construed to include all vessels of either High Contracting Party whether privately owned or operated or publicly owned or operated. However, the provisions of this Treaty other than this paragraph and paragraph 5 of Article XXII shall not be construed to accord rights to vessels of war or fishing vessels of the other High Contracting Party; nor shall they be construed to extend to the nationals, corpora- tions and associations, vessels and cargoes of, or to articles the growth, [63 STAT. 1316
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