Page images
PDF
EPUB

an integral part of said general agreement on April 15, 1948, and a copy of which, in the English and French languages, is annexed to this proclamation '; (b) a Special Protocol Modifying Article XIV of the General Agreement on Tariffs and Trade, section V of which protocol provides that it shall enter into force on the day on which it has been signed by all the governments which are at that time contracting parties of said general agreement, and a copy of which, in the English and French languages, is annexed to this proclamation'; and (c) a Special Protocol Relating to Article XXIV of the General Agreement on Tariffs and Trade, which protocol provides that in accordance with article XXX of said general agreement the amendment contained therein shall become effective, in respect of those contracting parties which accept it, upon acceptance by twothirds of the contracting parties to said general agreement, and a copy of which, in the English and French languages, is annexed to this proclamation ';

WHEREAS (6) said special protocol modifying article XIV had been signed by all the governments which were contracting parties to said general agreement on April 19, 1948, and the instrument of acceptance by the Government of the United States of America of the amendment contained in said special protocol relating to article XXIV was deposited with the Secretary General of the United Nations on May 27, 1948;

on

WHEREAS (7) said trade agreement specified in the 1st recital of this proclamation and said exclusive trade agreement specified in the 3rd recital of this proclamation were supplemented March 24, 1948 by a Protocol of Rectifications to the General Agreement on Tariffs and Trade, numbered paragraph 3 of which protocol provides that the rectifications included therein shall be applied as if they had formed a part of said general agreement on October 30, 1947, and a copy of which, in the English

The texts of each of the three protocols referred to in the 5th recital, in the English and French languages, are contained in the United Nations publication entitled General Agreement on Tariffs and Trade, Protocols and Declaration signed at Havana, on 24 March 1948, United Nations Pub. 1948, IID. 5. The texts of these protocols in the original languages will be published in the Treaties and Other International Acts Series of the Department of State, and in the Statutes at Large.

and French languages, is annexed to this proclamation; 2

WHEREAS (8) I determine that it is required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation that part I of schedule XX of said general agreement be rectified in the manner provided for in said protocol specified in the 7th recital of this proclamation;

WHEREAS (9) I determine that it is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation that part II of schedule XX of said general agreement be rectified in the manner provided for in said protocol specified in the 7th recital of this proclamation;

WHEREAS (10) I determine that it is required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation that (a) ехсерtion (III) of subdivision (a) of said proclamation of December 16, 1947 (including said exception as applicable by reference to said proclamations of April 22, 1948 and May 4, 1948) be changed to "(III) more favorable customs treatment is prescribed for the article by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947;", and (b) subdivision (d) of part I of said proclamation of January 30, 1948 be changed to "(d) That the provisions of the foregoing subdivisions (a) and (b) shall not apply to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable

2 The text of this protocol, in the English and French languages, is contained in the United Nations publication entitled General Agreement on Tariffs and Trade, Protocols and Declaration signed at Havana, on 24 March 1948, United Nations Pub. 1948. IID. 5. The text of this protocol in the original languages, with an English translation of those parts of which French is the only original language, will be published in the Treaties and Other International Acts Series of the Department of State, and in the Statutes at Large. The English text of this protocol, except those portions of numbered paragraph 2 which relate to annex B and to schedules other than schedule XX, will be printed in Treasury Decision 51939 (Customs).

customs treatment is prescribed therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947;"; and

WHEREAS (11) I determine that it is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation that (a) subdivision (d) of said proclamation of January 1, 1948 be changed to "(d) The provisions of subdivisions (a), (b), and (c) shall not apply to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable customs treatment is prescribed therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947; and", and (b) the exception following the second date of January 1, 1948 in subdivision (a) of part II of said proclamation of January 30, 1948 be changed to "except that no such rate shall be applied to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable customs treatment is prescribed therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947;";

NOW, THEREFORE, be it known that I, Harry S. Truman, President of the United States of America, do proclaim:

Part I

Acting under the authority of said section 350 of the Tariff Act of 1930, as amended, and to the end that said trade agreement specified in the 1st recital of this proclamation may be carried out, that:

(a) The provisions of part I of schedule XX of said general agreement shall be applied, subject to the applicable terms, conditions, and qualifications set forth in part I of, and the general notes in, said schedule XX, and parts I, II, and III of said general agreement, and in subdivisions (a) and (b) of said proclamation of December 16, 1947, including any amendments and rectifications of said agreement and said proclamation which have been proclaimed by the President, as if the rectifications in said protocol specified in the 7th recital of this proclamation had appeared in said general agreement on October 30, 1947; and

(b) Effective on and after June 15, 1948 exception (III) of subdivision (a) of said proclamation of December 16, 1947 (including said exception as applicable by reference to said proclamations of April 22, 1948 and May 4, 1948) and subdivision (d) of part I of said proclamation of January 30, 1948 shall be amended in the manner indicated in the 10th recital of this proclamation;

Part II

Acting under the authority of said section 350 of the Tariff Act of 1930, as amended, and to the end that said exclusive trade agreement specified in the 3rd recital of this proclamation may be carried out, that:

(a) The provisions of part II of schedule XX of said general agreement shall be applied, subject to the applicable terms, conditions, and qualifications set forth in part II of, and the general notes in, said schedule XX and other parts of said exclusive trade agreement, and in the first subdivision (a) and in subdivision (d) of said proclamation of January 1, 1948, including any amendments and rectifications of said agreement and said proclamation which have been proclaimed by the President, as if the rectifications in said protocol specified in the 7th recital of this proclamation which apply to part II of said schedule XX had appeared therein as a part of said exclusive trade agreement on October 30, 1947; and

(b) Effective on and after June 15, 1948 subdivision (d) of said proclamation of January 1, 1948 and the exception following the second date of January 1, 1948 in subdivision (a) of part II of said proclamation of January 30, 1948 shall be amended in the manner indicated in the 11th recital of this proclamation; and

Part III

That the modifications provided for in said protocol modifying certain provisions of said general agreement specified in the 5th recital of this proclamation became effective on April 15, 1948; said special protocol modifying article XIV specified in said 5th recital became effective on April 19, 1948; and the amendment contained in said special protocol relating to article XXIV specified in said 5th recital will become effective upon acceptance by two-thirds of the contracting parties to said general agreement.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

[blocks in formation]

PROCLAMATION 2791

SUPPLEMENTING PROCLAMATION OF DECEMBER 16, 1947 CARRYING OUT GENERAL AGREEMENT ON TARIFFS AND TRADE

WHEREAS (1), pursuant to the authority conferred by section 350 of the Tariff Act of 1930, as amended by section 1 of the Act of June 12, 1934, by the Joint Resolution approved June 7, 1943, and by sections 2 and 3 of the Act of July 5, 1945 (48 Stat. 943 and 944, ch. 474, 57 Stat. 125, ch. 118, 59 Stat. 410 and 411, ch. 269; 19 U. S. C. (1946) 1351), the period within which said authority may be exercised having been extended by section 1 of said Act of July 5, 1945 until the expiration of three years from June 12, 1945 (48 Stat. 944, ch. 474, 59 Stat. 410, ch. 269; 19 U. S. C. (1946) 1352 (c)), on October 30, 1947 the President entered into a trade agreement with the Governments of the Commonwealth of Australia, the Kingdom of Belgium, the United States of Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of China, the Republic of Cuba, the Czechoslovak Republic, the French Republic, India, Lebanon, the Grand-Duchy of Luxemburg, the Kingdom of the Netherlands, New Zealand,

the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union of South Africa, and the United Kingdom of Great Britain and Northern Ireland, which trade agreement consists of the General Agreement on Tariffs and Trade and the related Protocol of Provisional Application thereof, together with the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment which authenticated the texts of said general agreement and said protocol;

WHEREAS (2) on December 16, 1947 by Proclamation 2761A1 the President proclaimed such modifications of existing duties and other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out said trade agreement on and after January 1, 1948 (12 F. R. 8863), which proclamation has been supplemented by Proclamation 2769 of January 30, 19482 (13 F. R. 467), Proclamation 2782 of April 22, 19482 (13 F. R. 2211), Proclamation 2784 of May 4, 1948, and a Proclamation of June 11, 1948; 2

WHEREAS (3) said protocol of provisional application has been signed by the Government of the Union of South Africa on May 14, 1948, and said Government will be a contracting party to said general agreement on June 14, 1948;

WHEREAS (4) I, Harry S. Truman, President of the United States of America, determine that the application of such of the concessions provided for in part I of schedule XX of said general agreement which were withheld from application in accordance with article XXVII of said general agreement by said proclamation of December 16, 1947 as are identified in the following list is required or appropriate to carry out, on and after June 14, 1948, said trade agreement specified in the 1st recital of this proclamation:

[blocks in formation]

13 CFR, 1947 Supp. 2 Supra.

NOW, THEREFORE, be it known that, acting under the authority of said section 350 of the Tariff Act of 1930, as amended, to the end that said trade agreement specified in the 1st recital of this proclamation may be carried out, I, Harry S. Truman, President of the United States of America, do proclaim that, effective on and after June 14, 1948, the concessions provided for in part I of said schedule XX which are identified in the 4th recital of this proclamation shall no longer be identified in the 8th recital of said proclamation of December 16, 1947, and the rates of duty representing such concessions identified in said 4th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth in said schedule XX, and parts I, II, and III, of said general agreement, and in subdivision (a), other than exception (I) thereof, of said proclamation of December 16, 1947, including any amendments and rectifications of said agreement and said proclamation which have been proclaimed by the President, to articles of the kinds provided for in the descriptions of products in the column at the left of said rates.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 12th day of June, in the year of our Lord nineteen hundred and [SEAL] forty-eight and of the Independence of the United States of America the one hundred and seventysecond.

HARRY S. TRUMAN

By the President:
G. C. MARSHALL,
Secretary of State.

PROCLAMATION 2792

SUPPLEMENTING PROCLAMATIONS OF DECEMBER 16, 1947 AND JANUARY 1, 1948, CARRYING OUT GENERAL AGREEMENT ON TARIFFS AND TRADE AND EXCLUSIVE TRADE AGREEMENT WITH CUBA, RESPECTIVELY

WHEREAS (1), pursuant to the authority conferred by section 350 of the Tariff Act of 1930, as amended by section 1 of the Act of June 12, 1934, by the Joint Resolution approved June 7, 1943, and by

sections 2 and 3 of the Act of July 5, 1945 (48 Stat. 943 and 944, ch. 474, 57 Stat. 125, ch. 118, 59 Stat. 410 and 411, ch. 269; 19 U. S. C. (1946) 1351), the period for the exercise of said authority having been extended by section 1 of said Act of July 5, 1945 until the expiration of three years from June 12, 1945 (48 Stat. 944, ch. 474, 59 Stat. 410, ch. 269; 19 U. S. C. (1946) 1352 (c)), on October 30, 1947 the President entered into a trade agreement with the Governments of the Commonwealth of Australia, the Kingdom of Belgium, the United States of Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of China, the Republic of Cuba, the Czechoslovak Republic, the French Republic, India, Lebanon, the Grand Duchy of Luxemburg, the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union of South Africa, and the United Kingdom of Great Britain and Northern Ireland, which trade agreement consists of the General Agreement on Tariffs and Trade and the related Protocol of Provisional Application thereof, together with the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment which authenticated the texts of said general agreement and said protocol;

WHEREAS (2) on December 16, 1947 by Proclamation 2761A the President proclaimed such modifications of existing duties and other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out said trade agreement on and after January 1, 1948 (12 F. R. 8866), which proclamation has been supplemented by Proclamation 2769 of January 30, 1948 (13 F. R. 467), Proclamation 2782 of April 22, 1948 (13 F. R. 2211), Proclamation 2784 of May 4, 19482 (13 F. R. 2439), Proclamation 2790 of June 11, 1948 (13 F. R. 3269), and Proclamation 2791 of June 12, 19482 (13 F. R. 3272);

WHEREAS (3), pursuant to the authority conferred by said section 350, the period for the exercise of said authority

13 CFR, 1947 Supp. * Supra.

having been so extended, on October 30, 1947 the President entered into an exclusive trade agreement with the Government of the Republic of Cuba (T. D. 51819 (Customs)), which exclusive trade agreement includes certain portions of other documents made a part thereof and provides for the customs treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America;

WHEREAS (4) on January 1, 1948 by Proclamation 27641 the President proclaimed such modifications of existing duties and other import restrictions of the United States of America in respect of products of the Republic of Cuba and such continuance of existing customs and excise treatment of products of the Republic of Cuba imported into the United States of America as were then found to be required or appropriate to carry out said exclusive trade agreement on and after January 1, 1948 (13 F. R. 21), which proclamation has been supplemented by said proclamations of January 30, 1948, April 22, 1948, May 4, 1948, and June 11, 1948;

WHEREAS (5) said protocol of provisional application has been signed (a) by the Government of India on June 8, 1948 with the result that said Government will be a contracting party to said general agreement on July 9, 1948, (b) by the Government of the Kingdom of Norway on June 10, 1948 and said Government will be such a contracting party on July 11, 1948, and (c) by the Government of Southern Rhodesia on June 11, 1948 and said Government will be such a contracting party on July 12, 1948;

WHEREAS (6) I, Harry S. Truman, President of the United States of America, determine that the application of each of the concessions provided for in part I of schedule XX of said general agreement which were withheld from application in accordance with article XXVII of said general agreement by said proclamation of December 16, 1947 as are identified in the following list is required or appropriate to carry out, on and after the date set forth following the identification of each such concession, said trade agreement specified in the 1st recital of this proclamation:

1 Supra.

819355-49-5

[blocks in formation]
« PreviousContinue »