63 STAT.] CHINA-FRIENDSHIP, COMMERCE, NAVIGATION-NOV. 4 , 1946 PROTOCOL At the moment of signing this day the Treaty of Friendship, Com- merce and Navigation between the United States of America and the Republic of China, the undersigned Plenipotentiaries have agreed upon the present Protocol which shall have the same validity as if provisions were inserted in the text of the Treaty to which it refers: 1. The provisions of Article II, paragraph 1, shall not be deemed Ar nt p. 130 to affect the right of either High Contracting Party to enforce stat- utes prescribing reasonable requirements concerning the registra- tion of aliens within its territories, it being understood that identity cards which are now or may hereafter be required by the duly con- stituted authorities of such High Contracting Party shall be valid throughout the entire extent of the territories of that High Contract- ing Party, and that treatment accorded to nationals of such other High Contracting Party with respect to such requirements shall not be less favorable than that accorded to nationals of any third country. 2 (a). Without prejudice to rights given elsewhere in the Treaty, Article II, paragraph 2, refers only to rights and privileges to be Ae, p. 1301 . enjoyed by nationals of either High Contracting Party as individuals, and shall not be construed to imply the right of such nationals to form corporations or associations on the same terms as nationals of the other High Contracting Party. (b) The words "not forbidden by the laws and regulations en- forced by the duly constituted authorities", as used in Article II, para- graph 2, shall be construed to mean such prohibitory laws and regu- lations as are applicable alike to nationals of the country and to na- tionals of the other High Contracting Party. 3. Rights in respect of "exploration for and exploitation of" min- eral resources as referred to in Article V shall be construed to mean Ace, p. 1304. the rights to conduct mining enterprises and operations, as distinct from the ownership by nationals, corporations or associations of one High Contracting Party of interests in corporations or associations of the other High Contracting Party which are or may be engaged in mining operations in the territory of such other High Contracting Party. 4. The provisions of Article VIII, paragraph 1, shall not be con- Ant e, p. 130l strued to limit in any way rights or privileges accorded in other pro- visions of the Treaty with respect to real or other immovable property. 5 (a). The word "unauthorized", as used in Article IX, shall be Atc,p.130a construed to mean unauthorized by the owner of the industrial, liter- ary or artistic property in any given case. (b) The provision in the first sentence and in the second sentence of Article IX, that "effective remedy therefor shall be provided by 81939-52-PT . -- 3 1323
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