Page:United States Statutes at Large Volume 62 Part 3.djvu/256

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INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. ANNEX InterpretativeNotes Ante, p. 288 . 1. It is understood that the requirements of paragraph 1 (a) of Article II, relating to the adoption of measures for the efficient use of resources, would include, with respect to commodities furnished under the Agreement, effective measures for safeguarding such commodities and for preventing their diversion to illegal or irregular markets or channels of trade. At, p. 2858. 2. It is understood that the business practices and business ar- rangements referred to in paragraph 3 of Article II mean: 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 terri- torial market or field of business activity, or allocating customers, 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 copy- rights 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 in- clude. 3. It is understood that the Government of Portugal is obligated to take action in particular instances in accordance with paragraph Ante, p. 2858. 3 of Article II only after appropriate investigation or examination. Ant, p. 28M. 4. It is understood that the phrase in Article IV "after due regard for the reasonable requirements of Portugal for domestic use" would include the maintenance of reasonable stocks of the materials con- cerned and that the phrase "commercial export" might include barter transactions. It is also understood that arrangements negoti- ated under Article IV might appropriately include provision for con- sultation, in accordance with the principles of Article 32 of the Havana Charter for an International Trade Organization, [11 in the event that stockpiles are liquidated. 5. It is understood that the Government of Portugal will not be Ante, p. 28o. requested, under paragraph 2 (a) of Article VI, to furnish detailed information about minor projects or confidential commercial or technical information the disclosure of which would injure legitimate commercial interests. 6. It is understood that the Government of the United States of An, p2 America in making the notifications referred to in paragraph 2 of Article VIII would bear in mind the desirability of restricting, so ' Department of State publication 3117. 2864