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the trade of the Member taking such action, of any of the obligatio or concessions under this Chapter the suspension of which Organization does not recommend against,
Article 30. Consultation-Nullification or Impairment Each Member will accord sympathetic consideration to, and afford adequate opportunity for consultation regarding, such rep sentations as may be made by any other Member with respect to operation of customs regulations and formalities, quantitative exchange regulations, state-trading operations, sanitary laws : regulations for the protection of human, animal or plant life or hea and generally all matters affecting the operation of this Char Moreover, if any Member should consider that any measure ado] by any other Member, whether or not it conflicts with the terms of Chapter, has the effect of nullifying or impairing any object of Chapter, such other Member shall give sympathetic consideratio such written representations or proposals as may be made with a to effecting a mutually satisfactory adjustment of the matter. I such adjustment can be effected, either Member shall be free to i the matter to the Organization, which shall investigate the matter make appropriate recommendations to the Members concerned. Organization, if it considers the case serious enough to justify action, may determine that the complaining Member is entitled to pend the application to the other Member of specified obligatio concessions under this Chapter, and if such obligations or conces are in fact suspended, such other Member shall then be free, w sixty days after such action is taken, to withdraw from the Orga tion on sixty days' written notice to the Organization.
SECTION H. RELATIONS WITH NON-MEMBERS Article 31. Contractual Relations With Non-Members—Treatm
Trade of Non-Members 1. No Member shall seek exclusive or preferential advantages trade in the territory of any non-Member which would resu rectly or indirectly, in discrimination in that territory again trade of any other Member.
2. No Member shall be a party to any agreement or other ar ment with any non-Member under which such non-Member s contractually entitled to any of the benefits under this Charter
3. With regard to countries which, although eligible for m ship, have not become Members or have withdrawn from the zation, no Member shall, except with the concurrence of the Or tion, apply to the trade of such countries the tariff reductions
ich Member pursuant to Article 18. This paragraph shall become tive upon the expiration of one year
from the date on which the anization is established : Provided, That this period may be exed by the Organization for further periods not to exceed six ths each. Members undertake to review any international obligations they
have which would prevent them from giving full effect to parabhs 1 and 2 of this Article and, if necessary for that purpose, to
inate such obligations either by agreement or in accordance with r terms.
SECTION I. GENERAL EXCEPTIONS
Article 32. General Exceptions to Chapter IV othing in Chapter IV of this Charter shall be construed to prevent adoption or enforcement by any Member of measures necessary to protect public morals; necessary to protect human, animal or plant life or health; relating to fissionable materials; . relating to the traffic in arms, ammunition and implements of and to such traffic in other goods and materials as is carried on for purpose of supplying a military establishment;
in time of war or other emergency in international relations, ting to the protection of the essential security interests of a Mem
relating to the importation or exportation of gold or silver; . necessary to induce compliance with laws or regulations which not inconsistent with the provisions of Chapter IV, such as those ting to customs enforcement, deceptive practices, and the protec
of patents, trade-marks and copyrights; . relating to prison-made goods;
imposed for the protection of national treasures of artistic, hisc or archaeological value;
relating to the conservation of exhaustible natural resources if h measures are taken pursuant to international agreements or are de effective in conjunction with restrictions on domestic production consumption; -. undertaken in pursuance of obligations under the United Naas Charter for the maintenance or restoration of international ce and security; or
imposed in accordance with a determination or recommendation he Organization formulated under paragraphs 2, 6 or 7 of Article
Article 33. Territorial Application of Chapter IV-Customs Union
1. The provisions of Chapter IV shall apply to the customs ritories of the Member countries. If there are two or more custo territories under the jurisdiction of any Member, each such custo territory shall be considered as a separate Member country for purpose of interpreting the provisions of Chapter IV.
2. The provisions of Chapter IV shall not be construed to prev
a. advantages accorded by any Member country to adjacent co tries in order to facilitate frontier traffic; or
b. the union for customs purposes of any customs territory of Member country and any other customs territory: Provided, That duties and other regulations of commerce imposed by any such ur in respect of trade with other Member countries shall not on the w be higher or more stringent than the average level of the duties regulations of commerce applicable in the constituent territories p to the formation of such union.
3. Any Member proposing to enter into any union described in P graph 2(6) of this Article shall consult with the Organization and make available to the Organization such information regarding proposed union as will enable the Organization to make such rep and recommendations to Members as it may deem appropriate.
4. For the purposes of this Article a customs territory sha understood to mean any area within which separate tariffs or regulations of commerce are maintained with respect to a substa part of the trade of such area. A union of customs territories customs purposes shall be understood to mean the substitution single customs territory for two or more customs territories, so all tariffs and other restrictive regulations of commerce as betwee territories of members of the union are substantially eliminated the same tariffs and other regulations of commerce are applied by of the members of the union to the trade of territories not includ the union.
CHAPTER V, RESTRICTIVE BUSINESS PRACTICES
Article 34. Policy Toward Restrictive Business Practices
1. Members agree to take appropriate individual and col measures to prevent business practices among commercial ente
which restrain competition, restrict access to markets or foster monopolistic control in international trade, and which thus have the effect of frustrating the purpose of the Organization to promote expansion of production and trade and the maintenance in all countries of high evels of real income. The term “commercial enterprises” as used in his Chapter shall mean all persons and entities conducting business, ncluding such entities in which there is a government interest as well us agencies of government conducting trade.
2. Without limiting the generality of paragraph 1, Members agree hat among the practices which shall be presumed, unless shown to he contrary in a specific case, to have the effect specified in that aragraph are combinations, agreements or other arrangements which
a. fix prices or terms or conditions to be observed in dealing with thers in the purchase or sale of any product or service;
b. exclude enterprises from any territorial market or field of busiess activity, allocate or divide any territorial market or field of busiess activity, allocate customers, or fix sales or purchase quotas, except s such arrangements are only a part of regular marketing arrangeents between a particular enterprise and its distributors with respect its own products and are not designed to reduce competition between at enterprise and its competitors; c. boycott or discriminate against particular enterprises; d. limit production or fix production quotas; e. suppress technology or invention, whether patented or unpatated; f. extend the use of rights under patents, trade-marks or copyrights matters not properly within the scope, or to products or services hich are not the immediate subjects, of the authorized grant.
Article 35. Procedure With Respect to complaints
In order to implement Article 34, the Organization shall: 1. Receive and consider written complaints from any Member that
articular practice or group of practices has the effect described in ragraph 1 of Article 34. 2. Receive and consider similar complaints from persons or business tities or organizations representing them: Provided, That if any ember has established procedures for the filing of complaints by rsons, business entities or organizations under its jurisdiction, such mplaints shall have conformed to such procedures. 3. Prescribe minimum information to be included in complaints eived under paragraphs 1 and 2 of this Article; notify Members complaints received; and in its discretion call upon the complain
ant or any Member to provide further information relevant to su complaints.
4. When it deems that a complaint deserves further examinati receive pertinent testimony and request other data, conduct apr priate hearings, review all information and determine whether questioned practices exist and whether they have the effect descri in paragraph 1 of Article 34.
5. When it finds that a particular practice or group of pract exists and has the effect described in paragraph 1 of Article 34, m recommendations to the Members concerned for appropriate reme measures, including but not limited to abrogation and termina of agreements and arrangements, dissolutions, reorganizations, k ness divestitures, and licensing of patents, to be implemented in cordance with their respective laws and procedures.
6. Request reports from Members as to their actions in implemen its recommendations.
7. Prepare and publish reports concerning complaints, find thereon, recommendations, and actions taken on such recomme tions.
8. Arrange special consultative conferences among particular bers relative to particular complaints, when deemed necessary, participate in such conferences.
9. Assist in arranging consultations, as requested by Member provided in paragraph 4 of Article 37, and participate in such sultations.
Article 36. Studies and Conferences Relating to Restrictive Bu
1. The Organization is authorized to request information Members and to conduct studies, either on its own initiati at the request of any Member, the United Nations or specialized a of the United Nations, relating to business practices which m strain competition, restrict access to markets or foster monor control in international trade; or relating to international tions or national laws and procedures designed to carry out jectives of Article 34 or to those which may affect such abj such as conventions, laws or procedures concerning incorpo company registration, investments, securities, prices, marker trade practices, trade-marks, copyrights, patents and the ex and development of technology; and, where appropriate, t recommendations for action by the Members.
2. The Organization is authorized to call general cons conferences of Members and to carry out such additional fu