INTERNATIONAL TELECOMMUNICATION CONVENTION (TREATY SERIES, No. 867)12

Brazil

Information has been received from the Bureau of the International Telecommunication Union at Bern, notification No. 297, dated December 1, 1937, that Brazil has ratified the international telecommunication convention signed at Madrid on December 9, 1932, the general radio regulations with final protocol, the additional radio regulations, the telegraph regulations, and final telegraph protocol. The Brazilian Ambassador at Madrid has been instructed to deposit the instrument of ratification with the Spanish Government.

VISA FEES

AGREEMENT BETWEEN THE UNITED STATES AND BRAZIL FOR THE WAIVER OF NONIMMIGRANT PASSPORT VISA FEES

An agreement to become effective January 1, 1938, has been concluded between the Government of the United States and the Government of Brazil for the reciprocal waiver of passport visa fees for nonimmigrants as defined below, no fee being charged for the application. The agreement relates to nationals of the United States, including citizens of the Philippine Islands, proceeding to Brazilian territory and to nationals of Brazil proceeding to American territory, including the Philippine Islands.

For the purpose of the agreement the term nonimmigrant means a national of either of the two countries who maintains a domicile in his own country with the intention of returning thereto after a temporary absence and who proceeds to the territory of the other country for a temporary sojourn for one of the following reasons: (a) to represent his government in any official capacity; the family, attendants, servants, and employees of such alien; (b) to visit the other country as a tourist or on business, without, however, taking up residence for the purpose of establishing himself commercially or of undertaking any professional activity; (c) to pass through the country in transit to a third country; (d) in the case of seamen to remain in the country during the period in which their respective ships remain in port, or (e) to carry on trade between the two countries under and in pursuance of the provisions of a treaty of commerce or navigation or of such a treaty which may be concluded in the future; the wife and unmarried children under 21 years of age of such alien if accompanying or following to join him.

12

See Bulletin No. 98, November 1937, p. 26; text of convention, 49 Stat. (pt. 2) 2391.

MISCELLANEOUS

EXHIBITIONS

INTERNATIONAL CONVENTION RELATING TO INTERNATIONAL EXHIBITIONS 1

Finland

The American Legation at Helsinki transmitted to the Department with a despatch dated November 24, 1937, a copy of Finland's Treaty Series for 1937, published on November 5, which publishes a decree making effective for Finland the international convention relating to international exhibitions signed at Paris on November 22, 1928. The effective date is stated to be August 3, 1937.

1 See Bulletin No. 56, May 1934, p. 28.

TEXTS OF TREATIES AND AGREEMENTS

TEMPORARY COMMERCIAL ARRANGEMENT BETWEEN THE UNITED STATES AND ITALY1

Inasmuch as the Treaty of Commerce and Navigation between the United States and Italy, signed at Florence, February 26, 1871, which terminated on December 15, 1937, in consequence of the joint notice of denunciation of December 15, 1936, provided for the mostfavored-nation treatment in customs matters and negotiations for a new treaty to replace it have not been completed, it seems desirable that steps be taken now to determine the treatment which will be accorded b yeach country to the commerce of the other during the interval between the date on which the treaty of 1871 terminated and the date on which the proposed new treaty will come into force. In the course of the negotiations of the proposed treaty, the governments of the two countries have tentatively agreed upon the provisions of Article VIII thereof which deals with customs duties, import prohibitions and restrictions, import licenses, exchange control, and monopolies affecting imports and is annexed hereto.

It is agreed that on its part the Government of Italy will in fact apply the provisions of Article VIII of the proposed new treaty on and after December 15, 1937, and that the Government of the United States on its part will continue to accord to articles the growth, produce or manufacture of Italy the benefits of the minimum rates of the American tariff as established in its trade agreements with other countries (Cuba excepted), until 30 days after notice by either party of its intention to discontinue such treatment.

It is understood that the stipulations of this temporary arrangement do not apply to:

A) Preferential advantages which Italy accords to Austria, Albania, Bulgaria, Hungary, and Yugoslavia between December 15, 1937 and December 31, 1937.

B) Preferential tariff advantages which Italy accords to Austria. after December 31, 1937 under the terms of the treaty between Italy and Austria signed at Rome on November 30, 1937.

Article VIII of the Proposed Treaty of Friendship, Commerce and Navigation Between the United States of America and Italy

With respect to (1) the amount and collection of customs duties or charges of any kind, including any accessory or additional duties

'See ante, p. 18.

or charges, coefficients or increases imposed on or in connection with importation, exportation, temporary importation, temporary exportation, or warehousing or transit; (2) the method of levying or collecting such duties, charges, coefficients or increases; (3) all rules and formalities in connection with importation or exportation; and (4) all laws or regulations affecting the sale, taxation, or use of imported goods within the country; any advantage, favor, privilege or immunity which has been or may hereafter be granted by either High Contracting Party to any article originating in or destined for any third country, shall be accorded immediately and unconditionally to the like article originating in or destined for the territory of the other High Contracting Party.

Neither of the High Contracting Parties shall establish or maintain any import or export prohibition or restriction on any article originating in or destined for the territory of the other High Contracting Party, which is not applied to the like article originating in or destined for any third country. Any abolition of an import or export prohibition or restriction which may be granted by either High Contracting Party in favor of an article originating in or destined for a third country shall be applied immediately and unconditionally to the like article originating in or destined for the territory of the other High Contracting Party.

If either High Contracting Party establishes or maintains any form of quantitative restriction or control of the importation, sale, or exportation of any article in which the other High Contracting Party has a considerable interest, including the regulation of importations, sales or exportations thereof by licenses or permits issued to individuals or organizations, the High Contracting Party taking such action: (1) shall establish the total quantity of any such article permitted to be imported, sold, or exported during a specified period, (2) shall immediately communicate to the other High Contracting Party the provisions adopted together with the complete details with respect to the administration thereof, and (3) in the case of imports, shall allot to the other High Contracting Party for such specified period a proportion of such total quantity equivalent to the proportion of the total importation of such article which the other High Contracting Party supplied during a previous representative period, and (4) in the case of exports, shall allot to the other High Contracting Party for such specified period, a proportion of such total quantity equivalent to the proportion of the total exportation of such article which was supplied to the other High Contracting Party during a previous representative period, unless it be mutually agreed to dispense with such import or export allotment.

If either High Contracting Party establishes or maintains, directly or indirectly, any form of control of the means of international payment, it shall, in the administration of such control:

(a) Impose no prohibition, restriction, or delay, on the transfer of payment for imports of articles the growth, produce, or manufacture of the other High Contracting Party, or on the transfer of payments necessary for and incidental to the importation of such articles; (b) With respect to rates of exchange, and taxes or surcharges on exchange transactions, in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, accord unconditionally treatment no less favorable than that accorded in connection with the importation of any article the growth, produce, or manufacture of any third country; and

(c) With respect to all rules and formalities relating to exchange transactions in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, accord unconditionally treatment no less favorable than is accorded in connection with the importation of the like article the growth, produce, or manufacture of any third country.

With respect to non-commercial transactions each High Contracting Party shall apply every form of control of foreign exchange in a non-discriminatory manner as between the nationals of the other High Contracting Party and the nationals of any third country.

In the event that either High Contracting Party establishes or maintains a monopoly for the importation, production or sale of a particular product or grants exclusive privileges, formally or in effect, to one or more agencies to import, produce or sell a particular product, the High Contracting Party establishing or maintaining such monopoly, or granting such monopoly privileges, shall, in respect of the foreign purchases of such monopoly or agency, accord the commerce of the other High Contracting Party fair and equitable treatment. In making its foreign purchases of any article such monopoly or agency shall be influenced solely by competitive considerations such as price, quality, marketability, and terms of sale. Either High Contracting Party shall supply such information with respect to the foreign purchases of every such monopoly or agency as the other Party may at any time request.

The High Contracting Parties will consult with each other in respect of any matter presented by either Party relating to the application of the provisions of this article.