« AnteriorContinuar »
countries of high levels of real income, or on any of the purposes of the Organization as set forth in article 1.
2. Without limiting the generality of paragraph 1, Members agree that the practices listed in paragraph 3 below, when they are engaged in or are made effective by
(a) an international combination, agreement, or other arrangement among commercial enterprises, including such an arrangement among private commercial enterprises, among public commercial enterprises (i. e. trading agencies of government or enterprises in which there is effective government control), or between private and public commercial enterprises;
(6) one or more private commercial enterprises and when such commercial enterprises, individually or collectively, possess effective control of international trade, among a number of countries or generally in one or more products, shall be subject to investigation, in accordance with the procedure provided by the subsequent articles of this chapter, if the Organization considers them to have or to be about to have such harmful effects as are described in paragraph 1.
3. The practices referred to in paragraph 2 are as follows:
(a) fixing prices or terms or conditions to be observed in dealing with others in the purchase, sale, or lease of any product;
(6) excluding enterprises from any territorial market or field of business activity, allocating or dividing any territorial markets or field of business activity, allocating customers, or fixing sales or pur
(c) boycotting or discriminating against particular enterprises; (d) limiting production or fixing production quotas;
(e) suppressing technology or invention, whether patented or unpatented;
() extending the use of rights under patents, trade-marks, or copyrights to matters not properly within the scope, or to products or conditions of production, use or sale which are not the immediate subjects, of the authorized grant. Article 40. Procedure With Respect to Complaints and Conferences Members
agree that the Organization shall: 1. Arrange, if it considers such action to be justified, for particular Members to take part in a conference requested by any Member who considers that any specific practices exist which have or are about to have the effect described in paragraph 1 of article 39.
2. Consider each written complaint submitted by any Member or, with the permission of a Member, submitted by any affected person, organization, or business entity within that Member's jurisdiction, claiming that specific practices exist which have or are about to have the effect described in paragraph 1 of article 39, and prescribe the minimum information to be included in such complaints.
3. Request each Member concerned to obtain such information as the Organization may deem necessary, including, for example, statements from commercial enterprises within its jurisdiction, and then determine whether further investigation is justified.
4. If it is considered that further investigation is justified, notify all Members of each such complaint; request the complainant or any Member to provide such information relevant to the complaint as it may deem necessary and conduct or arrange for hearings at which any Member, and the parties alleged to have engaged in the practice, will have opportunity to be heard.
5. Review all information and come to its findings whether the practices in question have the effect described in paragraph 1 of article 39.
6. Report to all Members the findings reached and the information on which such findings are based; if it finds that the practices have had the effect described in paragraph 1 of article 39, request each Member concerned to take every possible action to prevent the continuance or recurrence of the practices, and at its discretion recommend to the Members concerned remedial measures to be carried out in accordance with their respective laws and procedures.
7. Request all Members concerned to report fully the action they have taken to achieve these results.
8. Prepare and publish, as expeditiously as possible after enquiries have been completed, reports on all complaints dealt with under paragraph 4, showing fully the findings reached, the information on which such findings are based, and the action which Members concerned have been recommended to take; Provided that publication of such reports or of any portion thereof may be withheld if it deems this course justified; Provided also that the Organization shall not, if a Member so requests, disclose to any person confidential information furnished by that Member which would materially damage the legitimate business interests of a commercial enterprise.
9. Report to all Members, and make public if it is deemed desirable, the action which has been taken by the Members concerned to achieve the results described in paragraph 6.
Article 41. Studies Relating to Restrictive Business Practices The Organization shall be authorized to:
1. Conduct studies, either on its own initiative or at the request of any Member, or the United Nations, or any specialized agency brought into relationship with the United Nations, relating to
(a) types of restrictive business practices in international trade; (6) conventions, laws, and procedures such as those concerning
incorporation, company registration, investments, securities, prices, markets, fair trade practices, trade-marks, copyrights, patents, and the exchange and development of technology, insofar as they are relevant to restrictive business practices, and to request information from Members in connection with such studies;
2. Make recommendations to Members concerning such conventions, laws, and procedures as are relevant to their obligations under this Charter.
3. Arrange conferences, when requested by Members, for purposes of general consultation on any matters relating to restrictive business practices.
Article 42. Obligations of Members In order to implement the preceding articles in this chapter, each Member undertakes to:
1. Take all possible steps by legislation or otherwise to insure that, private and public commercial enterprises within its jurisdiction do not engage in practices which have the effect described in paragraph 1 of article 39; and
2. Take the fullest account of the Organization's findings, requests, and recommendations made under paragraph 6 of article 40, in the light of its obligations under article 39, in considering the initiation of action in accordance with its system of law and economic organization to prevent within its jurisdiction the continuance or recurrence of any practices which the Organization finds to have had the effect described in paragraph 1 of article 39.
3. Establish procedures to deal with complaints, conduct investigations, prepare information and reports requested by the Organization, and generally assist in preventing practices which have the effect described in paragraph 1 of article 39, these measures to be taken in accordance with the particular system of law and economic organization of the Member concerned.
4. Conduct such investigations as may be necessary and practicable to secure information requested by the Organization or to prevent practices which have the effect described in paragraph 1 of article 39.
5. Furnish to the Organization, as promptly as possible and to the fullest extent feasible, such information as is requested by the Organization under paragraphs 3, 4, and 7 of article 40 and under paragraph 1 of article 41; provided that confidential information affecting national security or production technique may be withheld.
6. Report, as requested by the Organization under paragraph 7 of article 40, the action taken, independently or in concert with other Members, to implement recommendations made by the Organization under paragraph 6 of article 40 and, in cases in which no action is taken, to explain to the Organization the reasons therefor
and discuss the matter further with the Organization if requested to
7. Take part in conferences upon the request of the Organization in accordance with paragraph 3 of article 41.
Article 43. Supplementary Enforcement Arrangements 1. Members may, by mutual accord, cooperate with each other in prohibitive, preventive, or other measures for the purpose of making more effective any remedial order issued by a duly authorized agency of any Member in furtherance of the objectives of this chapter.
2. Members participating in such cooperative actions shall notify the Organization.
Article 44. Continued Effectiveness of Domestic Measures Against
Restrictive Business Practices Any act of failure to act on the part of the Organization shall not preclude any Member from enforcing any national statute or decree directed toward preventing monopoly or restraint of trade.
Article 45. Exceptions to Provisions of This Chapter 1. The undertakings expressed in this chapter shall not apply to (a) intergovernmental commodity agreements meeting the require
ments of chapter VII. (6) the international agreements excepted in article 59.
2. Notwithstanding the foregoing, the Organization may in its discretion make recommendations to Members and to appropriate intergovernmental organizations concerning any features of the agreements referred to in subparagraph 1 (b) which may have the effect described in paragraph 1 of article 39.
CHAPTER VII. INTERGOVERNMENTAL COMMODITY
SECTION A. General Considerations
Article 46. General Statement on Difficulties Relating to Primary
The Members recognize that the relationship between production and consumption of some primary commodities may present special difficulties. These special difficulties are different in character from those which manufactured goods present generally. They arise out of such conditions as the disequilibrium between production and consumption, the accumulation of burdensome stocks, and pronounced fluctuations in prices. They may have a seriously adverse effect on the interests of both producers and consumers. Moreover, they may have wide-spread repercussions which would jeopardize tho general policy of economic expansion.
Article 47. Objectives of Intergovernmental Commodity
Arrangements The Members agree that intergovernmental commodity arrangements may be employed to achieve the following objectives:
1. To enable countries to find solutions to the special commodity difficulties referred to in article 46 without resorting to action inconsistent with the purposes of the Charter.
2. To prevent or alleviate the serious economic problems which may arise when production adjustments cannot be effected by the free play of market forces as rapidly as the circumstances require.
3. To provide, during the period which may be necessary, a framework for the consideration and development of measures which will have as their purpose economic adjustments designed to promote the expansion of consumption or a shift of resources and manpower out of overexpanded industries into new and productive occupations.
4. To moderate pronounced fiuctuations in the price of a primary commodity above and below the level which expresses the long-term equilibrium between the forces of supply and demand.
5. To maintain and develop the natural resources of the world and protect them from unnecessary exhaustion.
6. To provide for expansion in the production of a primary commodity which is in such short supply as seriously to prejudice the interests of consumers.
SECTION B. Intergovernmental Commodity Arrangements
Article 48. Special Commodity Studies 1. A Member or Members substantially interested in the production, consumption, or trade of a particular primary commodity shall be entitled, if they consider that special difficulties exist or are expected to arise regarding the commodity, to ask that a study of that commodity be made.
2. Unless it resolves that a prima facie case has not been established, the Organization shall promptly invite the Members substantially interested in the production, consumption, or trade of the commodity to appoint representatives to a Study Group to make a study of the commodity. Non-members having a similar interest may also be invited.