No.
3943
UNITED
STATES
OF
AMERICA
and
FEDERAL
REPUBLIC
OF
GERMANY
Treaty
of
Friendship,
Commerce
and
Navigation
(with
Protocol
and
exchange
of
notes).
Signed
at
Wash
ington,
on
29
October
1954
Official
texts
:
English
and
German.
Registered
by
the
United
States
of
America
on 25
July
1957.
ÉTATS-UNIS
D'AMÉRIQUE
et
RÉPUBLIQUE
FÉDÉRALE
D'ALLEMAGNE
Traité
d'amitié,
de
commerce
et
de
navigation
(avec
Protocole
et
échange
de
notes).
Signé
à
Washington,
le
29
octobre
1954
Textes
officiels
anglais
et
allemand.
Enregistré
par
les
États-Unis
d'Amérique
le
25
juillet
1957.
United
Nations
—
Treaty
Series
1957
No.
3943.
TREATY
1
OF
FRIENDSHIP,
COMMERCE
AND NA
VIGATION
BETWEEN
THE
UNITED
STATES OF
AME
RICA
AND
THE
FEDERAL
REPUBLIC
OF
GERMANY.
SIGNED
AT
WASHINGTON,
ON
29
OCTOBER
1954
The
United
States
of
America
and
the
Federal
Republic
of
Germany
desirous
of
strengthening
the
bonds
of
friendship existing
between
them and
of
encouraging
closer
economic
and
cultural
relations
between
their
peoples,
and
being
cognizant
of
the
contributions
which
may
be
made
toward
these
ends
by
arrangements
promoting
mutually
advantageous
commercial
intercourse,
encouraging
mutually
beneficial
investments,
and
establishing
mutual
rights
and
privileges,
have
resolved
to
conclude
a
Treaty
of
Friendship,
Commerce
and
Navigation,
based
in
general
upon
the
principles
of
national
and
of
unconditional
most-favored-nation
treatment
reciprocally
accorded,
and
for
that
purpose
have
appointed
as
their
Plenipoten
tiaries
:
The
President
of
the
United
States
of
America
:
Mr.
John
Foster
Dulles,
Secretary
of
State
of
the
United States
of
America,
and
The
President
of
the Federal
Republic
of
Germany
:
Dr.
Konrad
Adenauer,
Federal
Chancellor
and Federal
Minister
of
Foreign
Affairs,
who,
having
communicated
to
each
other
their
full
powers
found to
be
in
due
form,
have
agreed
as
follows
:
Article
I
1.
Each
Party
shall
at
all
times
accord
fair
and
equitable
treatment
to
the
nationals
and
companies
of
the
other
Party,
and to
their
property,
enterprises
and
other
interests.
2.
Between
the
territories
of
the
two
Parties
there
shall
be,
in
accordance
with
the
provisions
of
the
present
Treaty,
freedom
of
commerce
and
navigation.
Article
II
1.
Nationals
of
either
Party
shall,
subject
to
the
laws
relating
to
the
entry
and
sojourn
of
aliens,
be
permitted
to
enter
the
territories
of
the
other
Party,
to
travel
therein
freely,
and
to
reside
at
places
of
their
choice.
Nationals
of
either
1
Came
into
force
on
14
July
1956,
one
month
after the
day
of
the
exchange
of
the
instru
ments
of
ratification
which
took
place
at
Bonn
on
14
June
1956,
in
accordance
with
article
XXIX.
United
Nations
—
Treaty
Series
1957
Party
shall
in
particular
be
permitted
to
enter
the
territories
of
the
other
Party
and
to
remain
therein
:
(a)
for
the
purpose
of
carrying
on
trade
between
the
territories
of
the
two
Parties
and
engaging
in
related
commercial
activities
;
(b)
for
the
purpose
of
developing
and
directing
the
operations
of
an
enterprise
in
which
they
have
invested,
or
in
which
they
are
actively
in
the
process
of
investing,
a
substantial
amount
of
capital.
2.
Each
Party
undertakes
to
make
available
the
best
facilities
practicable
for
travel
by
tourists
and other
visitors
with
respect
to
their
entry,
sojourn
and
depar
ture,
and
for
the
distribution
of
information
for
tourists.
3.
Nationals
of
either
Party,
within
the
territories
of
the
other
Party,
shall
enjoy
freedom of
conscience
;
and
they
shall
be
at
liberty
to
hold
religious
services,
both
private
and
public,
at
suitable
places
of
their
choice.
4.
Nationals
of
either
Party
shall
be
permitted,
within
the
territories
of
the
other
Party,
to
gather
information
material
for
dissemination
to
the
public,
and
shall
enjoy
freedom
of
transmission
of
such
material
to
be
used
abroad
for
publica
tion
by
the
press,
radio,
television,
motion
pictures,
and
other
means
;
and
they
shall
be
permitted
to
communicate
freely
with
other
persons
inside
and
outside
such
territories
by
mail,
telegraph
and other
means
open
to
general
public
use.
5.
The
provisions
of
the
present
Article
shall
be
subject
to
the
right
of
either
Party
to
apply
measures
that
are
necessary
to
maintain
public
order
and
protect
the
public
health,
morals
and
safety.
Article
III
1.
Nationals
of
either
Party
within
the
territories
of
the
other
Party
shall
be
free
from
molestations
of
every
kind,
and
shall
receive
the
most
constant
protection
and
security.
They
shall
be
accorded
in
like
circumstances
treatment
no
less
favorable
than
that
accorded
nationals
of
such
other
Party
for
the
protection
and
security
of
their
persons
and
their
rights.
The
treatment
accorded
in
this
respect
shall
in
no
case
be
less
favorable
than
that
accorded
nationals
of
any
third
country
or
that
required
by
international
law.
2.
If,
within
the
territories
of
either
Party,
a
national
of
the
other
Party
is
taken
into
custody,
the
nearest
consular
representative
of
his
country
shall
on
the
demand
of
such
national
be
immediately
notified
and
shall
have
the
right
to
visit
and
communicate
with
such
national.
Such
national
shall
:
(a)
receive
reasonable
and
humane
treatment
;
(b)
be
formally
and
immediately
informed
of
the
accusa
tions
against
him
;
(c)
be
brought
to
trial
as
promptly
as
is
consistent
with
the
proper
preparation
of
his
defense
;
and
(d)
enjoy
all
means
reasonably
necessary
to
his
defense,
including
the
services
of
competent
counsel
of
his
choice.
No.
3943
8
United
Nations
—
Treaty
Series
1957
Article
IV
1.
Nationals
of
either
Party
shall
be
accorded
national
treatment
in
the
appli
cation
of
laws
and
regulations
within
the
territories
of
the
other
Party
that
establish
a
pecuniary
compensation
or
other
benefit
or
service,
on
account
of
disease,
injury
or
death
arising
out
of
and
in
the
course
of
employment
or
due
to
the
nature
of
employment.
2.
Nationals
of
either
Party
shall
furthermore
be
accorded
national
treatment
with
regard
to the application
of
social
security
laws
and
regulations
within
the
territories
of
the
other
Party
under
which
benefits
are
provided
without
examina
tion
of
financial
need
in
the
following
cases
:
(a)
sickness,
including
temporary
disability
for
work,
and
maternity;
(6)
old
age,
invalidity,
or
occupational
disabil
ity
;
(c)
death
of
the
father,
spouse,
or
any
other
person
liable
for
maintenance
;
(d)
unemployment.
Article
V
1.
Property
of
nationals
and
companies
of
either
Party
shall
receive
the
most
constant
protection
and
security
within
the
territories
of
the
other
Party.
2.
The
dwellings,
offices,
warehouses,
factories
and
other
premises
of
nationals
and
companies
of
either
Party
located
within
the
territories
of
the
other
Party
shall
not
be
subject
to
molestation
or
to
entry
without
just
cause.
Official
searches
and
examinations
of
such
premises
and
their
contents,
when
necessary,
shall
be
made
only
according
to
law
and
with
careful
regard
for
the
convenience
of
the
occupants
and
the
conduct
of
business.
3.
Neither
Party
shall
take
unreasonable
or
discriminatory
measures
that
would
impair
the
legally
acquired
rights
or
interests
within
its
territories
of
nationals
and
companies
of
the
other
Party
in
the
enterprises
which
they
have
established,
in
their
capital,
or
in
the
skills,
arts
or
technology
which
they
have
supplied.
4.
Property
of
nationals
and
companies
of
either
Party
shall
not
be
taken
within the
territories
of
the
other
Party,
except
for
the
public
benefit
and
in
accord
ance
with
due
process
of
law,
nor
shall
it
be
taken
without
just
compensation.
Such
compensation
shall
represent
the
equivalent
of
the
property
taken
and
shall
be
made
in
an
effectively
realizable
form
and
without
unnecessary
delay.
Ade
quate
provision shall
have
been
made
at
latest
by the
time
of
the
taking
for
the
determination
and
the
giving
of
the
compensation.
No.
3943
10
United
Nations
—
Treaty
Series
1957
5.
Nationals
and
companies
of
either
Party
shall
in
no
case
be
accorded,
within
the territories
of
the
other
Party,
less
than
national
treatment
and
most-
favored-nation
treatment
with
respect
to
the
matters
set
forth
in
paragraphs
2
and
4
of
the
present
Article.
Moreover,
enterprises
in
which
nationals
or companies
of
either
Party
have
a
substantial
interest
shall
be
accorded,
within
the
territories
of
the
other
IJarty,
not
less
than
national
treatment
and
most-favored-nation
treatment
in
aU
matters
relating
to the
taking
of
privately
owned
enterprises
into
public
ownership
and
to
the
placing
of
such
enterprises
under
public
control.
Article
VI
1.
Nationals
and
companies
of
either
Party
shall
be
accorded
national
treat
ment
with
respect
to
access
to the
courts
of
justice
and to
administrative
tribunals
and
agencies
within
the
territories
of
the
other
Party,
in
all
degrees
of
jurisdiction,
both
in
pursuit and
in
defense
of
their
rights.
It
is
understood
that
companies
of
either
Party
not
engaged
in
activities
within
the
territories
of
the
other
Party
shall
enjoy
such
access
therein
without
any
requirement
of
registration
or
domesti
cation.
2.
Contracts
entered
into
between
nationals
or
companies
of
either
Party
and
nationals
or
companies
of
the
other
Party,
that
provide
for
the
settlement
by
arbitration
of
controversies,
shall
not
be deemed
unenforceable
within
the territories
of
such
other
Party
merely
on
the
grounds
that
the
place
designated
for
the
arbitra
tion
proceedings
is
outside
such
territories
or
that
the
nationality
of
one
or
more
of
the
arbitrators
is
not
that
of
such
other
Party.
Awards
duly
rendered
pursuant
to
any
such
contracts,
which are
final
and
enforceable
under
the
laws
of
the
place
where
rendered,
shall
be
deemed
conclusive
in
enforcement
proceedings
brought
before
the
courts
of
competent
jurisdiction
of
either
Party,
and
shall
be
entitled
to
be
declared
enforceable
by
such
courts,
except
where
found
contrary
to
public
policy.
When
so
declared,
such
awards
shall
be
entitled
to
privileges
and
measures
of
enforcement
appertaining
to
awards
rendered
locally.
It
is
understood,
however,
that
awards
rendered
outside
the
United
States
of
America
shall
be
entitled
in
any
court
in
any
State
thereof
only
to
the
same
measure
of
recognition
as
awards
rendered
in
other
States
thereof.
Article
VII
1,
Nationals
and
companies
of
either
Party
shall
be
accorded,
within
the
territories
of
the
other
Party,
national
treatment
with
respect
to
engaging
in
all
No.
3943
12
United
Nations
—
Treaty
Series
1957
types
of
commercial,
industrial,
financial
and
other
activity
for
gain,
whether
in
a
dependent
or
an
independent
capacity,
and
whether
directly
or
by
agent
or
through
the
medium
of
any
form
of
lawful
juridical
entity.
Accordingly,
such
nationals
and
companies
shall
be
permitted
within
such
territories
:
(a)
to
establish
and maintain
branches,
agencies,
offices,
factories
and
other
establishments
appro
priate
to
the
conduct
of
their
business
;
(6)
to
organize
companies
under
the
general
company
laws of
such
other
Party,
and
to
acquire
majority
interests
in companies
of
such
other
Party
;
and
(c)
to
control
and
manage
enterprises
which
they
have
established
or
acquired.
Moreover,
enterprises
which
they
control,
whether
in
the
form
of
individual
proprietorships,
companies
or
otherwise,
shall
in
all
that
relates
to
the
conduct
of
the
activities
thereof,
be
accorded
treatment
no
less
favorable
than
that
accorded
like
enterprises
controlled
by
nationals
or
companies
of
such
other
Party.
2.
Each
Party
reserves
the
right
to
limit
the extent
to
which
aliens
may
establish,
acquire
interests
in,
or
carry
on
enterprises
engaged
within
its
terri
tories
in
communications,
air
or
water
transport,
taking
and
administering
trusts,
banking
involving
depository
functions,
or
the
exploitation
of
land
or
other
natural
resources.
However,
new
limitations
imposed
by
either
Party
upon
the
extent
to
which
aliens
are
accorded
national
treatment,
with
respect
to
carrying
on
such
activities
within
its
territories,
shall
not
be
applied
as
against
enterprises
which
are
engaged
in
such
activities
therein
at
the
time
such
new
limitations
are
adopted
and
which are
owned
or
controlled
by
nationals
or companies
of
the
other
Party.
Moreover,
neither
Party
shall
deny
to
transportation,
communications
and
banking
companies
of
the
other
Party
the right to
maintain
branches
and
agencies,
in
con
formity
with
the
applicable
laws
and
regulations,
to
perform
functions
necessary
for
essentially
international
operations
in
which
they
engage.
3.
The
provisions
of
paragraph
1
of
the
present
Article
shall
not
prevent
either
Party
from
prescribing
special
formalities
in
connection
with the
establish
ment
of
alien-controlled
enterprises
within
its
territories
;
but
such
formalities
may
not
impair
the
substance
of
the
rights
set
forth
in
said
paragraph.
4.
Nationals
and
companies
of
either
Party,
as
well
as
enterprises
controlled
by
such
nationals
or
companies,
shall
in
any
event
be
accorded most-favored-
nation
treatment
with
reference
to
the
matters
treated
in
the
present
Article.
No
3943
14
United
Nations
—
Treaty
Series
1957
Article
VIII
1.
Nationals
and
companies
of
either
Party
shall
be
permitted
to
engage,
within
the territories
of
the
other
Party,
accountants
and
other
technical
experts,
executive
personnel,
attorneys,
agents
and
other
specialists
of
their
choice.
More
over,
such
nationals
and
companies
shall
be
permitted
to
engage
accountants
and
other
technical
experts
regardless
of
the
extent
to
which
they
may
have
qualified
for
the
practice
of
these
professions
within
the
territories
of
such
other
Party,
for
the
particular
purpose
of
making
for
internal
purposes
examinations,
audits
and
technical
investigations
for,
and
rendering
reports
to,
such
nationals
and
companies
in
connection
with
the
planning
and
operation
of
their
enterprises,
and
enterprises
in
which
they
have
a
financial
interest,
within
such
territories.
2.
Nationals
and
companies
of
either
Party
shall
be
accorded,
within
the
territories
of
the
other
Party,
national
treatment
and
most-favored-nation
treat
ment
with
respect
to
engaging
in
scientific,
educational,
religious
and
philanthropic
activities,
and
shall
be
accorded
the right
to
form
associations
for
that
purpose
under
the
laws
of
the
country.
Nothing
in
the
present
Treaty
shall
be
deemed
to
grant
or
imply
any
right to
engage
in
political
activities.
Article
IX
1.
Nationals
and
companies
of
either
Party
shall
be
accorded
within
the
territories
of
the
other
Party
:
(a)
national
treatment
with
respect
to
leasing
land,
buildings
and
other
real
property
appropriate
to
the
conduct
of
activities
in
which
they
are
permitted
to
engage
pursuant
to
Articles
VII
and
VIII
and
for
residential
purposes,
and
with
respect
to
occupying
and
using
such
property
;
and
(b)
other
rights
in
real
property
permitted
by
the
applicable
laws
of
such
other
Party.
2.
Nationals
and
companies
of
either
Party
shall
be
accorded,
within
the
territories
of
the
other
Party,
national
treatment
and
most-favored-nation
treat
ment
with
respect
to
acquiring,
by
purchase,
lease,
or
otherwise,
and
with
respect
to
owning
and
possessing,
personal
property
of
all
kinds,
both
tangible
and
intan
gible.
However,
either
Party
may
impose
restrictions
on
alien
ownership
of
materials
dangerous
from
the standpoint
of
public
safety
and
alien
ownership
of
interests
in
enterprises
carrying
on
the
activities
listed
in
the
first
sentence
of
paragraph
2
of
Article
VII,
but
only
to
the extent
that
this
can
be
done
without
impairing
the
rights
and
privileges
secured
by
Article
VII
or
by
other
provisions
of
the
present
Treaty.
3.
Nationals
and
companies
of
either
Party
shall
be
accorded
national
treatment,
within
the
territories
of
the
other
Party,
with
respect
to
acquiring
prop-
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1957
erty
of
all
kinds
by
testate
or
intestate
succession
or
under
judicial
sale
to
satisfy
valid
claims.
Should
they
because
of
their
alienage
be ineligible
to
continue
to
own
any
such
property,
they
shall
be
allowed
a
period
of
at
least
five
years
in
which
to
dispose
of
it.
4.
Nationals
and
companies
of
either
Party
shall
be
accorded,
within
the
territories
of
the
other
Party,
national
treatment
and
most-favored-nation
treat
ment with
respect
to
disposing
of
property
of
all
kinds.
Article
X
1.
Nationals
and
companies
of
either
Party
shall
be
accorded,
within
the
territories
of
the
other
Party,
national
treatment
with
respect
to
obtaining
and
maintaining
patents
of
invention,
and
with
respect
to
rights
in
trade-marks,
trade
names,
trade-labels,
and
industrial
property
of
every
kind.
2.
The
Parties
undertake
to
cooperate
in
furthering the
interchange
and
use
of
scientific
and
technical
knowledge,
particularly
in
the interests
of
increasing
productivity
and
improving
standards
of
living
within
their
respective
territories.
Article
XI
1.
Nationals
of
either
Party
residing
within
the territories
of
the
other
Party,
and
nationals
and
companies
of
either
Party
engaged
in
trade
or
other
gainful
pursuit
or
in
scientific,
educational,
religious
or
philanthropic
activities
within
the
territories
of
the
other
Party,
shall
not
be
subject
to
the
payment
of
taxes,
fees
or
charges
imposed
upon
or
applied
to
income,
capital,
transactions,
activities
or
any
other
object,
or
to
requirements
with
respect
to the
levy
and
collection
thereof,
within
the
territories
of
such
other
Party,
more
burdensome
than
those
borne
in
like
situations
by
nationals
and
companies
of
such
other
Party.
2.
With
respect
to
nationals
of
either
Party
who
are
neither
resident
nor
engaged
in
trade
or
other
gainful
pursuit
within
the territories
of
the
other
Party,
and
with
respect
to
companies
of
either
Party
which
are
not
engaged
in
trade
or
other
gainful
pursuit
within
the
territories
of
the
other
Party,
it
shall
be
the
aim
of
such
other
Party
to apply
in
general
the
principle
set
forth
in
paragraph
1
of
the
present
Article.
3.
Nationals
and
companies
of
either
Party
shall
in
no
case
be
subject,
within
the
territories
of
the
other
Party,
to
the
payment
of
taxes,
fees
or
charges
imposed
upon
or
applied
to
income,
capital,
transactions, activities
or
any
other
object,
or
to
requirements
with
respect
to
the
levy
and
collection
thereof,
more
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1957
burdensome
than
those
borne
in
like
situations
by
nationals,
residents
and
com
panies
of
any
third
country.
4.
In
the
case
of
companies
and
of
nonresident
nationals
of
either
Party
engaged
in
trade
or
other
gainful
pursuit,
within
the
territories
of
the
other
Party,
such
other
Party
shall
not
impose
or
apply
any
tax,
fee
or
charge
upon
any
income,
capital
or
other
basis
in
excess
of
that
reasonably
allocable
or
apportionable
to
its
territories,
nor
grant
deductions
and
exemptions
less
than
those
reasonably
allocable
or
apportionable
to
its
territories.
A
comparable
rule
shall
apply
also
in
the
case
of
companies
organized
and
operated
exclusively
for scientific,
educa
tional,
religious
or
philanthropic
purposes.
5.
Each
Party
reserves
the
right
to
:
(a)
extend
specific
tax
advantages
on
the
basis
of
reciprocity
;
(b)
accord
special
tax
advantages
by
virtue
of
agreements
for
the
avoidance
of
double
taxation
or
the
mutual
protection
of
revenue
;
and
(c)
apply
special
provisions
in
allowing,
to
nonresidents,
exemptions
of
a
personal
nature
in
connection
with
income
and
inheritance
taxes.
Article
XII
1.
Nationals
and
companies
of
either
Party
shall
be
accorded
national
treatment
and
most-favored-nation
treatment
by
the
other
Party
with
respect
to
the
assumption
of
undertakings
for,
and the
making
of,
payments,
remittances,
and
transfers
of
moneys
and
financial
instruments.
2.
It
is
agreed
that
no
provision
of
the present
Treaty
shall
be
applied
in
such
a
manner
as
to
alter
arrangements
applicable
to
either
Party
by
virtue
of
its
membership
in
the
International
Monetary
Fund.
3.
Neither
Party
may,
with
respect
to
the
other
Party,
in
any manner
impose
exchange
restrictions
which
are
unnecessarily
detrimental
to
or
arbitrarily
discriminate
against
the
claims,
investments,
transportation,
trade
or
other
in
terests
of
nationals
and
companies
of
such
other
Party
or
their
competitive
position.
Should
either
Party
impose
exchange
restrictions
with
respect
to
the
other
Party,
it
will
remove
them
as
rapidly
as
it
is
able
to
do
so
considering
its
economic
condition.
4.
The
two
Parties,
recognizing
that
the
international
movement
of
invest
ment
capital
and
the
returns
thereon
would
be
conducive
to
the
full
realization
of
the
objectives
of
the
present
Treaty,
are
agreed
that
such
movements
shall
not
be
unnecessarily
hampered.
In
accordance
with
this
mutually
agreed
principle,
each
Party
undertakes
to
afford
to
nationals
and
companies
of
the
other
Party
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Series
1957
reasonable
facilities
for
the
withdrawal
of
funds
earned
by
them
as
a result
of
mak
ing
or
maintaining
capital
investments
as
well
as
for
the transfer
of
capital
invest
ments.
The
same
principle
applies
with
respect
to
the
compensation
referred
to
in
Article
V,
paragraph
4.
5.
The
term
"exchange
restrictions"
as
used
in
the
present
Article
includes
all
restrictions,
regulations,
charges,
taxes,
fees,
and
other
requirements
imposed
by
either
Party,
which
burden
or
interfere
with
the
assumption
of
undertakings
for,
or
the
making
of,
payments,
remittances,
or
transfers
of
moneys
and
financial
instruments.
6.
All
questions
arising
under
the
present
Treaty
concerning
foreign
exchange
restrictions
will
be
governed
by
the
provisions
of
the
present
Article.
Article
XIII
Nationals
and
companies
of
either
Party
engaged
in
business
within
the
terri
tories
thereof
may
operate
as commercial
travelers
either
directly
or
by
means
of
agents
or
employees
within
the
territories
of
the
other
Party,
in
conformity
with
the
applicable
laws
and
regulations.
Such
commercial
travelers
shall,
upon
their
entry
into
and
departure
from
the
territories
of
such
other
Party
and
during
their
sojourn
therein,
be
accorded
most-favored-nation
treatment
in
respect
of
the
customs
and
other
matters,
including,
subject
to
the
exceptions
in
Article
XI,
paragraph
5,
taxes
and
charges
applicable
to
them,
their
samples,
their
advertising
material
and
the
taking
of
orders,
and
regulations
governing
the
exercise
of
their
functions.
Article
XIV
1.
Each
Party
shall
accord
most-favored-nation
treatment
to
products
of
the
other
Party,
from
whatever
place
and
by
whatever
type
of
carrier
arriving,
and
to
products
destined
for
exportation
to
the
territories
of
such
other
Party,
by
whatever
route
and
by
whatever
type
of
carrier,
with
respect
to
customs
duties
and
charges
of
any
kind
imposed
on
or
in
connection
with
importation
or
expor
tation
or
imposed
on
the
international
transfer
of
payments
for
imports
or exports,
and
with
respect
to
the
method
of
levying
such
duties
and
charges,
and
with
respect
to
all
rules
and
formalities
in
connection
with
importation
and
exportation.
2.
Neither
Party
shall
impose
restrictions
or
prohibitions
on
the
importation
of
any
product
of
the
other
Party,
or
on
the
exportation
of
any
product
to
the
terri
tories
of
the
other
Party,
unless
the
importation
of
the
like
product
of,
or
the
expor
tation
of
the
like
product
to,
all
third
countries
is
similarly
restricted
or
prohibited.
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1957
3.
Either
Party
may
impose
prohibitions
or
restrictions
on
sanitary
or
other
customary
grounds
of
a
non-commercial
nature,
or
in
the
interest
of
preventing
deceptive
or
unfair
practices,
provided
such
prohibitions
or
restrictions
do
not
arbitrarily
discriminate
against
the
commerce
of
the
other
Party.
4.
Nationals
and
companies
of
either
Party
shall
be
accorded
national
treat
ment
and
most-favored-nation
treatment
by
the
other
Party
with
respect
to
all
matters
relating
to
importation
and
exportation.
5.
If
at
any
time
a
question
should
arise
concerning
the
application
of
para
graph
2
of
the present
Article,
the
two
Parties
shall
consult
with
a
view
to deter
mining
the
application
thereof.
If
such
consultation,
or
consultation
pursuant
to
Article
XXIV,
paragraph
5,
does
not
lead
to
a
mutually
satisfactory
conclusion,
either
Party
may
give
written
notice
of
termination
of
the
present
Article
;
and,
notwithstanding
the
provisions
of
Article
XXIX,
the
present
Article
shall
terminate
three
months
following
receipt
of
such
notice
by
the
other
Party.
6.
The
provisions
of
the
present
Article
shall
not
apply to
advantages
ac
corded
by
either
Party
by
virtue
of
a
customs
union
or
free-trade
area
of
which
it
may
become
a
member,
so
long
as
it
informs
the
other
Party
of
its
plans
and
affords
such
other
Party
adequate
opportunity
for
consultation.
Article
XV
1.
Each
Party
shall
promptly
publish
laws,
regulations,
and
administrative
rulings
of
general
application
pertaining
to
rates
of
duty,
taxes
or
other
charges,
to
the
classification
of
articles
for
customs
purposes,
and
to
requirements
or
restric
tions
on
imports
and
exports
or
the
transfers
of
payments
therefor,
or
affecting
their
sale,
distribution
or use
;
and
shall
administer
such
laws,
regulations
and
rul
ings
in
a
uniform,
impartial
and
reasonable
manner.
As
a
general
practice,
new
or
more
burdensome
administrative
requirements
affecting
imports
shall
not
be
enforced
until
after
public
notice thereof.
2.
Each
Party
shall
maintain
an
appeals
procedure
under
which
nationals
and
companies
of
the
other
Party,
and
importers
of
products
of
such
other
Party,
shall
be
able
to
obtain
prompt
and
impartial
review,
and
correction
when
war
ranted,
of
administrative
action
relating
to
customs
matters,
including
the
im
position
of
fines
and
penalties,
confiscations,
and
rulings
on
questions
of
customs
classification
and
valuation
by
the
administrative
authorities.
Penalties
imposed
for
infractions
of
the
customs
and
shipping
laws
and
regulations
concerning docu-
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Series
1957
tracting
party
to
the
General
Agreement.
Similarly,
the
most-favored-nation
provisions
of
the
present
Treaty
shall
not
apply to
special
advantages
accorded
by
virtue
of
the
aforesaid
Agreement.
5.
If
at
any
time
the
arrangements
provided
in
the
first
sentence
of
para
graph
4
of
the
present
Article
should
cease
to
be
applicable,
the
provisions
of
Arti
cle
XIV,
paragraph
2,
shall
not
apply
for
a
period
of
twelve
months
to
restrictions
in
effect
at
that
time.
During
this
period
the
two
Parties
will,
upon
the
request
of
either
of
them,
consult
with
a
view
to
determining
whether,
in
the
light
of
circum
stances
then
prevailing,
any
further
adjustment
may
be
necessary.
6.
The
present
Treaty
does
not
affect
provisions
of
statute
under
which
aliens
may
be
permitted
entry
into the
territories
of
a
Party
subject
to
express
conditions
regarding
their
engaging
in
gainful
occupations
therein.
Article
XXV
1.
The
term
"national
treatment"
means
treatment
accorded
within
the
territories
of
a
Party
upon
terms
no
less
favorable
than
the
treatment
accorded
therein,
in
like
situations,
to
nationals,
companies,
products,
vessels
or
other
objects,
as
the
case
may
be,
of
such
Party.
2.
National
treatment
is
accorded
by
the
Federal
Republic
of
Germany
in
the
provisions
of
the
present
Treaty
in
consideration
of
the
national
treatment
accorded
by the
United
States
of
America
to
the
nationals,
companies,
products,
vessels,
or
other
objects,
of
the
Federal
Republic
of
Germany,
with
respect
to
the
same
subject
matter.
3.
National
treatment
accorded
under
the
provisions
of
the
present
Treaty
to
companies
of
the
Federal
Republic
of
Germany
shall,
in
any
State,
Territory,
or
possession
of
the
United States
of
America,
be
the
treatment
accorded
therein
to
companies
created
or
organized
in
other
States,
Territories,
and
possessions
of
the
United
States
of
America.
4.
The
term
"most-favored-nation
treatment"
means
treatment
accorded
within
the territories
of
a
Party
upon
terms
no
less
favorable
than
the
treatment
accorded
therein,
in
like
situations,
to
nationals,
companies,
products,
vessels
or
other
objects,
as
the
case
may
be,
of
any
third
country.
5.
As
used
in
the
present
Treaty,
the
term
"companies"
means
corporations,
partnerships,
companies
and
other
associations,
whether
or
not
with
limited
liability
and
whether
or
not
for
pecuniary
profit.
Companies
constituted
under
the
appli
cable laws
and
regulations
within
the
territories
of
either
Party
shall
be
deemed
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1957
3.
Neither
Party
shall impose
any
measure
of
a
discriminatory
nature
that
hinders
or
prevents
the
importer
or
exporter
of
products
of
either
country
from
obtaining
marine
insurance
on
such
products
in
companies
of
either
Party.
Article
XVIII
1.
The
two
Parties
agree
that
business
practices
which
restrain
competition,
limit
access
to
markets
or
foster
monopolistic
control,
and
which
are
engaged
in
or
made
effective
by
one
or
more
private
or
public
commercial
enterprises
or
by
combination, agreement
or
other
arrangement
among
such
enterprises,
may
have
harmful
effects
upon
commerce
between
their
respective
territories.
Accordingly,
each
Government
agrees
upon
the
request
of
the
other
Government
to
consult
with
respect
to
any
such
practices
and to
take
such measures,
not precluded
by
its
legislation,
as
it
deems
appropriate
with
a
view
to
eliminating
such
harmful
effect.
2.
No
enterprise
of
either
Party,
including
corporations,
associations,
and
government
agencies
and
instrumentalities,
which
is
publicly
owned
or controlled
shall,
if
it
engages
in
commercial,
industrial,
shipping
or
other
business
activities
within
the
territories
of
the
other
Party,
claim
or
enjoy,
either
for
itself
or
for
its
property,
immunity
therein
from
taxation,
suit,
execution
of
judgment
or
other
liability
to
which
privately
owned
and
controlled
enterprises
are
subject
therein.
Article
XIX
1.
Vessels
under
the
flag
of
either
Party,
and
carrying
the
papers
required
by
its
law
in
proof
of
nationality,
shall
be
deemed
to
be
vessels
of
that
Party.
2.
So
long
as
both
Parties
follow
systems
of
tonnage
measurement
which
are
substantially
similar,
tonnage
certificates
issued
by
either
Party
shall
be
accepted
by
the
other
Party,
and
vessels
shall
not
be
subject
to
new
measurements
in
the ports
of
such
other
Party.
3.
The
term
"vessels",
as
used
in
the
present
Treaty,
means
all
types
of
ves
sels,
whether
privately
owned
or
operated,
or
publicly
owned
or
operated
;
but
this
term
does
not
include
vessels
of
war.
Article
XX
1.
Vessels
of
either
Party
shall
have
liberty,
on
equal
terms
with
vessels
of
the
other
Party
and
on
equal
terms
with
vessels
of
any
third
country,
to
come
with
No.
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Series
1957
their
cargoes
to
all
ports,
places
and
waters
of
such
other
Party
open
to
foreign
commerce
and
navigation.
Such
vessels
and
cargoes
shall
in
the
ports,
places
and
waters
of
such
other
Party
be
accorded
in
all
respects
national
treatment
and
most-favored-nation
treatment.
2.
Vessels
of
either
Party
shall be
accorded
national
treatment
and
most-
favored-nation
treatment
with
respect
to
the
right
to
carry
all
cargo
that
may
be
carried
by
vessel
to
or
from
the
territories
of
the
other
Party.
3.
Goods
carried
by
vessels
under
the
flag
of
either
Party
to
or from
the
terri
tories
of
the
other
Party
shall
enjoy
the
same
favors
as
when
transported
in
vessels
sailing
under
the
flag
of
such
other
Party.
This
applies
especially
with
regard
to
customs
duties
and
all
other
fees
and
charges,
to
bounties,
drawbacks
and
other
privileges
of
this
nature,
as
well
as
to
the
administration
of
the
customs
and
to
trans
port
to and
from
port
by
rail
and
other
means
of
transportation,
4.
The
coasting
trade
and
inland navigation
are
excepted
from
the
provisions
of
the
present
Article.
However,
the
vessels
of
each
Party
shall
be
accorded
by
the
other
Party
most-favored-nation
treatment
with
respect
to
the
coasting
trade
and
inland
navigation.
Moreover,
it
is
understood
that
vessels
of
either
Party
shall
be
permitted
to
discharge
portions
of
cargoes
at
any
ports,
places
or
waters
of
the
other
Party
open
to
foreign
commerce
and
navigation,
and
to
proceed
with
the
remaining
portions
of
such
cargoes
to any
other
such
ports,
places
or
waters,
and
they
shall
be
permitted
to
load
in
like
manner
in
the
same
voyage
outward,
at
the
various
ports,
places
and
waters
open
to
foreign
commerce
and
navigation
;
but
a
right
to
engage
in
the
coasting
trade
or
inland navigation
may
not
thereby
be
claimed.
5.
The
provisions
of
the
present
Article
shall
not
apply to
fishing
vessels.
Article
XXI
If
a
vessel
of
either
Party
runs
aground
or
is
wrecked
on
the
coasts
of
the
other
Party,
or
if
it
is
in
distress
and
must
put
into
a
port
of
the
other
Party,
the
latter
Party
shall
extend
to
the
vessel
as
well
as
to
the
crew,
the
passengers,
the
personal
property
of
crew
and
passengers,
and
to
the
cargo
of
the
vessel,
the
same
protection
and
assistance
as
would
have
been
extended
to
a
vessel
under
its
own
flag in
like
circumstances
;
and
shall
permit
the
vessel
after
repairs
to
proceed
with
its
voyage
upon
conformity
with
the
laws
applicable
alike
to
vessels
under
its
own
flag.
Arti
cles
salvaged
from
the
vessel
shall
be
exempt
from
all
customs
duties
unless
they
pass
into
internal
consumption
;
but
articles
not
entered
for
consumption may
be
No.
3943
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Series
1957
subject
to
measures
for
the
protection
of
the
revenue
pending
their
exit
from
the
country.
Article
XXII
1.
In
all
ports
of
either
Party
the
masters
of
all
vessels
under
the
flag
of
the
other
Party,
whose
crews
have
ceased
to
be
fully
constituted
on
account
of
illness
or
for
any
other
cause,
shall
be
permitted
to
engage
such
seamen
as
may
be
necessary
for
the
continuation
of
the
voyage.
2.
Nationals
of
either
Party
who
are
seamen
may
be
sent
to ports
of
the
other
Party
to
join
national
vessels,
in
care
of
consular
officers,
either
individually
or
in
groups
on
the
basis
of
seamen's
papers
issued
in
lieu
of
passports.
Likewise,
nationals
of
either
Party
shall
be
permitted
to
travel
through
the
territory
of
the
other
Party
on
their
way
to
join
vessels
or
to
be
repatriated
on
the
basis
of
seamen's
papers
used
in
lieu
of
passports.
Article
XXIII
1.
There
shall
be
freedom
of
transit
through
the
territories
of
each
Party
by
the
routes
most
convenient
for
international
transit
:
(a)
for
nationals
of
the
other
Party,
together
with
their
baggage
;
(b)
for
other
persons,
together
with
their
baggage,
en
route
to
or
from
the
territories
of
such
other
Party
;
and
(c)
for
products
of
any
origin
en
route
to
or
from
the
territories
of
such
other
Party,
with
or
without
trans-shipment,
warehousing,
breaking
bulk
or
change
in
the
mode
of
transport.
2.
The
persons
and things
referred
to
in
paragraph
1
of
the
present
Article
shall
be
exempt
from
customs duties,
from
duties
imposed
by
reason
of
transit,
and
from
unreasonable
charges
and
requirements
;
and
shall
be
free
from
unneces
sary
delays
and
restrictions.
3.
The
provisions
of
the
present
Article
shall be
subject
to
the
right
of
either
Party
to
apply
measures
referred
to
in
Article
II,
paragraph
5,
and
nondis-
criminatory
regulations
necessary to
prevent
abuse
of
the
transit
privilege.
Article
XXIV
1.
The
present
Treaty
shall
not
preclude
the
application
by
either
Party
of
measures
:
No.
3943
48
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Nations
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Series
1957
EXCHANGE
OF
NOTES
DEPARTMENT
OF
STATE
WASHINGTON
October
29,
1954
Excellency
:
I
have
the
honor
to
refer
to the
treaty
of
friendship,
commerce
and
navigation
between
the
United
States
of
America
and
the
Federal
Republic
of
Germany,
signed
today,
1
and
to
set
forth
the
further
agreement
as
follows
:
The
present
special
position
of
the
United
States
of
America
and
its
personnel
in
Germany
shall
not
be
affected
by
the
aforesaid
treaty.
The
aforesaid
treaty
shall
not
modify
or
derogate
from
the
provisions
of
the
conventions
signed
at
Bonn
on
May
26,
1952
2
or
such
agreement
or
agreements
as
may
modify
or
replace
them.
Accept,
Excellency,
the
renewed
assurances
of
my
highest consideration.
John
Foster
DULLES
Secretary
of
State
of
the
United
States
of
America
His
Excellency
Dr.
Konrad
Adenauer
Chancellor
of
the
Federal
Republic
of
Germany
II
[GERMAN
TEXT
TEXTE
ALLEMAND]
DER
BUNDESKANZLER
UNO
BUNDESMINISTER
DES
AUSW RTIGEN
Washington,
den
29.
Oktober
1954
Seiner
Exzellenz
dem
Staatssekret r
der
Vereinigten
Staaten
von Amerika
Herrn
John
Foster
Dulles
Heir
Staatssekret r
!
Ich
beehre
mich,
auf
den
am
heutigen
Tag
unterzeichneten
Freundschafts-,
Handels-
und
Schiffahrtsvertrag
zwischen
der
Bundesrepublik
Deutschland
und
den
Vereinigten
Staaten
von
Amerika
Bezug
zu
nehmen
und
folgende
weitere
Vereinbarung
festzustellen
:
1
See
p.
4
of
this
volume.
*
United
States
of
America
:
Treaties
and
Other
International Acts
Series
3425.
No.
3943
34
Umted
Nations
—
Treaty
Series
1957
tracting
party
to
the
General
Agreement.
Similarly,
the
most-favored-nation
provisions
of
the
present
Treaty
shall
not
apply to
special
advantages
accorded
by
virtue
of
the
aforesaid
Agreement.
5.
If
at
any
time
the
arrangements
provided
in
the
first
sentence
of
para
graph
4
of
the
present
Article
should
cease
to
be
applicable,
the
provisions
of
Arti
cle
XIV,
paragraph
2,
shall
not
apply
for
a
period
of
twelve
months
to
restrictions
in
effect
at
that
time.
During
this
period
the
two
Parties
will,
upon
the
request
of
either
of
them,
consult
with
a
view
to
determining
whether,
in
the
light
of
circum
stances
then
prevailing,
any
further
adjustment
may
be
necessary.
6.
The
present
Treaty
does
not
affect
provisions
of
statute
under
which
aliens
may
be
permitted
entry
into the
territories
of
a
Party
subject
to
express
conditions
regarding
their
engaging
in
gainful
occupations
therein.
Article
XXV
1.
The
term
"national
treatment"
means
treatment
accorded
within
the
territories
of
a
Party
upon
terms
no
less
favorable
than
the
treatment
accorded
therein,
in
like
situations,
to
nationals,
companies,
products,
vessels
or
other
objects,
as
the
case
may
be,
of
such
Party.
2.
National
treatment
is
accorded
by
the
Federal
Republic
of
Germany
in
the
provisions
of
the
present
Treaty
in
consideration
of
the
national
treatment
accorded
by the
United
States
of
America
to
the
nationals,
companies,
products,
vessels,
or
other
objects,
of
the
Federal
Republic
of
Germany,
with
respect
to
the
same
subject
matter.
3.
National
treatment
accorded
under
the
provisions
of
the
present
Treaty
to
companies
of
the
Federal
Republic
of
Germany
shall,
in
any
State,
Territory,
or
possession
of
the
United States
of
America,
be
the
treatment
accorded
therein
to
companies
created
or
organized
in
other
States,
Territories,
and
possessions
of
the
United
States
of
America.
4.
The
term
"most-favored-nation
treatment"
means
treatment
accorded
within
the territories
of
a
Party
upon
terms
no
less
favorable
than
the
treatment
accorded
therein,
in
like
situations,
to
nationals,
companies,
products,
vessels
or
other
objects,
as
the
case
may
be,
of
any
third
country.
5.
As
used
in
the
present
Treaty,
the
term
"companies"
means
corporations,
partnerships,
companies
and
other
associations,
whether
or
not
with
limited
liability
and
whether
or
not
for
pecuniary
profit.
Companies
constituted
under
the
appli
cable laws
and
regulations
within
the
territories
of
either
Party
shall
be
deemed
No.
3943
36
United
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—
Treaty
Series
1957
companies
thereof
and
shall
have
their
juridical
status
recognized
within
the
terri
tories
of
the
other
Party.
6.
Without
prejudice
to
other
methods
of
establishing
nationality,
a
person
in
possession
of
a
valid
passport
issued
by the
competent
authorities
of
either
Party,
or
a
valid
identity
document
named
in
the
Protocol,
shall
be
considered
a
national
of
that
Party.
Article
XXVI
1.
The
territories to
which
the
present
Treaty
extends
shall
comprise
all
areas
of
land
and
water
under
the
sovereignty
or
authority
of
each
Party,
other
than
the
Panama
Canal
Zone
and
the
Trust
Territory
of
the
Pacific
Islands.
2.
The
present
Treaty
shall
also
apply
from
the
date
specified in
Article
XXIX,
paragraph
2,
to
Land
Berlin
which
for
the
purposes
of
the
present
Treaty
comprises
those
areas
over
which
the
Berlin
Senate
exercises
jurisdiction.
3.
It
is
a
condition
to
the
application
of
the
present
Treaty
to
Land
Berlin,
in
accordance
with the
preceding
paragraph,
that
the
Government
of
the
Federal
Republic
of
Germany
shall
previously
have
furnished
to
the
Government
of
the
United
States
of
America
a
notification
that
all
legal
procedures
in
Berlin
necessary
for
the
application
of
the
present
Treaty
therein
have
been
complied
with.
Article
XXVII
1.
Each
Party
shall
accord
sympathetic
consideration
to,
and
shall
afford
adequate
opportunity
for
consultation
regarding,
such
representations
as
the
other
Party
may
make
with
respect
to
any
matter
affecting
the operation
of
the
presen
t
Treaty.
2.
Any
dispute
between
the
Parties
as
to
the
interpretation
or
the
application
of
the
present
Treaty
which
the
Parties
do
not
satisfactorily
adjust
by
diplomacy
or
some
other
agreed
means shall
be
submitted
to
arbitration
or,
upon
agreement
of
the
Parties,
to
the
International
Court
of
Justice.
Article
XXVIII
The
present
Treaty
shall
replace
and
terminate
provisions
in
force
in
Articles
I
through
V,
VII
through
XVI,
and
XXIX
through
XXXII,
of
the
treaty
of
friend
ship,
commerce
and
consular
rights
between
the
United
States
of
America
and
Ger
many,
signed
at
Washington
December
8,
1923,
x
as
amended
by
an exchange
of
>
League
of
Nations,
Treaty
Series,
Vol.
LII,
p.
133,
and
Vol.
LXXII,
p.
480.
No.
3943
38
United
Nations
—
Treaty
Series
1957
notes
dated
March
19
and
May
21,
1925
l
and
the
agreement
signed
at
Washington
June
3,
1935,
2
and
as
applied
by the
agreement
of
June
3, 1953,
3
Article
VI
having
terminated
on
June
2, 1954.
Articles
XVII
through
XXVIII
of
the
said
treaty,
as
amended
by
Article
II
of
the
agreement
of
June
3,
1953,
shall
continue
in
force
between
the
United
States
of
America
and
the
Federal
Republic
of
Germany,
with
territorial
application
to the
same
extent
as
that
provided
in
Article
XXVI
of
the
present
Treaty, until
replaced
by
a
consular
convention
between
the
two
Parties
or
until
six
months
after
either
Party
shall
have
given
to
the
other
Party
a
written
notice
of
termination
of
the
said
Articles.
Article
XXIX
1.
The
present
Treaty
shall
be
ratified,
and
the
ratifications
thereof
shall
be
exchanged
at
Bonn
as
soon
as
possible.
2.
The
present
Treaty
shall
enter
into
force
one
month
after
the
day
of
ex
change
of
ratifications.
It
shall
remain
in
force
for
ten
years
and
shall
continue
in
force
thereafter
until
terminated
as
provided
herein.
3.
Either
Party
may,
by
giving
one
year's written
notice
to
the
other
Party,
terminate
the
present
Treaty
at
the
end
of
the initial
ten-year
period
or
at
any
time
thereafter.
IN
WITNESS
WHEREOF
the
respective
Plenipotentiaries
have
signed
the
present
Treaty
and
have
affixed
hereunto
their
seals.
DONE
in
duplicate,
in
the
English
and
German
languages,
both
equally
authen
tic,
at
Washington
this
twenty-ninth
day
of
October,
one
thousand
nine
hundred
fifty-four.
For
the
United
States
of
America
:
John
Foster
DULLES
[SEAL]
For
the
Federal
Republic
of
Germany
:
ADENAUER
[SEAL]
1
Leage
of
Nations,
Treaty
Series, Vol.
LII,
p.
133,
and
Vol.
LXXII,
p.
480.
»
League
of
Nations,
Treaty
Series,
Vol.
CLXIII,
p.
415.
3
United
Nations,
Treaty
Series,
Vol.
253,
p.
89.
No.
3943
40
United
Nations
—
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Series
1957
PROTOCOL
At
the
time
of
the
signing
of
the
Treaty
of
Friendship,
Commerce
and
Naviga
tion
between
the
United States
of
America
and
the
Federal
Republic
of
Germany,
'
the
undersigned
Plenipotentiaries,
duly
authorized,
have
further
agreed
on
the
fol
lowing
provisions,
which
shall be
considered
integral
parts
of
the
aforesaid
Treaty
:
1.
The
spouse
and
unmarried
minor
children
of
a
person
permitted
entry
under
the
provisions
of
the
second
sentence
of
Article
II,
paragraph
1,
shall
also
be
permitted
entry
if
accompanying
him
or
following
to join
him.
2.
The
provisions
of
Article
II,
paragraph
1
(b),
shall
be
construed
as
extend
ing
to
nationals
of
either
Party
seeking
to
enter
the territories
of
the
other
Party
solely
for
the
purpose
of
developing
and
directing
the
operations
of
an
enterprise
in
the
territories
of
such
other
Party
in
which
their
employer
has
invested
or
is
actively
in
the
process
of
investing
a
substantial
amount
of
capital
:
provided
that
such
employer
is
a
national
or
company
of
the
same
nationality
as
the
applicant
and
that
the
applicant
is
employed
by
such
national
or
company
in
a
responsible
capa
city.
3.
The
term
"public
health"
in
Article
II,
paragraph
5,
and
the
term
"sanitary
grounds"
in
Article
XIV,
paragraph
3,
comprise
the
protection
of
human,
animal,
and
plant
life
and
health.
4.
The
provisions
of
Article
IV,
paragraph
2,
refer
only
to
laws
or
regulations
which
either
are
national
laws or
regulations
or
are
based
in
whole
or
in
part
on
requirements
of
national
laws
or
regulations.
5.
The
provisions
of
Article
V,
paragraph
4,
shall
apply to the
property
taken
in
the
territories
of
either
Party
in
which
nationals
or companies
of
the
other
Party
have
a
direct
or
indirect
interest.
6.
With
reference
to
Article
VI,
paragraph
1,
nationals
and
companies
of
either
Party
appearing
as
plaintiff
or
intervening
party
before
the
courts
of
the
other
Party
shall
be
exempt
from
obligation
to
post
security
for
costs
in
such
in
stances
as
nationals
or
companies
of
the
other
Party
would
be
exempt
;
exemption,
however,
is
only
granted
if
:
(a)
the
nationals
have
their
permanent
residence
or
the
companies
their
establish
ment
(main
or
branch),
or
(b)
the
nationals
or
the
companies
have
sufficient
real
property
to
cover
costs,
in
the
territory
of
that
Party
before
the
courts
of
which
the
suit
is
pending.
1
Sec
p.
4
of
this
volume.
No.
3943
42
United
Nations
—
Treaty
Series
1957
7.
With
reference
to
Article
VI,
paragraph
1,
nationals
of
either
Party
shall
be
accorded
national
treatment
within
the
territories
of
the
other
Party
:
(a)
With
respect
to
suits
in
forma
pauperis,
in
proceedings
in
the
Federal
courts
of
the
United
States
of
America
;
(b)
With
respect
to the
pauper's
right
(Armenrecht)
in
proceedings
before
the
courts
of
the
Federal
Republic
of
Germany,
in
types
of
cases
which
in
the
United
States
of
America
would
fall
within
the
Federal
jurisdiction
or could
be
brought
before
Federal
courts.
8.
With
reference
to
Article
VII, paragraph
1,
a
Party
may
apply
regulations
under
which
alien
employees
within
its
territories
are
required
to
have
employment
permits
;
but,
in
keeping
with
the
objectives
of
that
paragraph,
such
regulations
shall be
administered
in
a
liberal
fashion
as
to
nationals
of
the
other
Party.
Fur
thermore,
it
is
understood
that
legal
provisions
which
reserve
to
nationals
of
the
country
the
practice
of
state
licensed
professions
or
require
state
examinations
and
licenses
and
local
residence
are
not
precluded
by
the
terms
of
that
paragraph.
9.
The
provisions
of
Article
VII
do
not
obligate
either
Party
to
permit
na
tionals
and
companies
of
the
other
Party
to
carry
on
businesses
in
its
territories
without
fulfilling
the
requirements
which
are
generally applicable
by
law.
10.
The
provisions
of
Article
VII,
paragraph
1,
do
not
affect
the
right
of
either
Party,
in
accordance
with
the
agreements
and
objectives
of
the
present
Trea
ty,
to apply
special
regulations
to
foreign
insurance
companies
in
order
to
ensure
that
such
companies
maintain
the
degree
of
responsibility
and
solvency
required
of
similar
domestic
companies,
but
these
regulations
may
not
in
their
effect
result
in
discrimination
in
substance
against
such
foreign
companies.
11.
The
term
"communications"
in
Article
VII,
paragraph
2,
includes
radio
and
television,
among
other
means
of
communication.
12.
With
reference
to
Article
VII, paragraph
4,
either
Party
may
require
that
the
granting
of
rights
to
engage
in
mining
on
the
public
domain
shall
be
dependent
on
reciprocity.
13.
The
provisions
of
Articles
VII,
paragraph
1,
and
XIII
shall
not
extend
to the
activity
of
peddlers
and
itinerant
artisans
in
the
exercise
of
their
cocupations
as
such.
14.
Article
XII,
paragraph
1,
is
not
concerned
with
rules
regarding
currencies
as
such
and
therefore
does
not
preclude differential
treatment
of
different
currencies.
It
is
only
concerned
with
the
rights
of
nationals
and
companies
under
whatever
foreign
exchange
regulations
may
be
in
effect
and
is
only
designed
to
preclude
No.
3943
44
United
Nations
—
Treaty
Series
1957
discriminations
against
nationals
and
companies
on
a
nationality
basis
in
the
application
of
the
foreign
exchange
regulations.
15.
The
term
"reasonable"
in
Article
XII,
paragraph
4,
allows
each
Party
to
apply
such
measures
as
are
required to
fulfil
its
legal
obligations,
to
secure goods
and
services
essential
to
the
health
and
welfare
of
its
people,
and
to
give
consideration
to
special
needs
for
other
exchange
transactions.
16.
Either
Party
may,
for
the
protection
of
its
currency
and
in
the
interest
of
servicing
investments
and
providing
for
their
repatriation,
make
the
importation
of
capital
dependent
on
a
license.
17.
If
more
than
one
rate
of
exchange
exists,
the
rate
applicable
to
with
drawals
under
Article
XII,
paragraph
4,
shall be
a
rate
which
is
specifically
approved
by
the
International
Monetary
Fund
for
such
transactions
or,
in
the
absence
of
a
rate
so
approved,
an
effective
rate
which,
inclusive
of
any
taxes
or charges
on
exchange
transfers,
is
just
and
reasonable.
18.
In
matters
affecting
internal
taxation
the
national
treatment
provision
of
Article
XVI,
paragraph
1,
shall
not
apply
within
the
territories
of
either
Party
to
special
treatment
of
products
made
in
whole
or
in
part
of
materials
grown
or
produc
ed
within
the
territories
of
such
Party.
However,
this
provision
shall
apply
only
where
such
special
treatment
exists
on
the
date
of
entry
into
force
of
the
present
Treaty.
Any
enactment
or
amendment
made
subsequent
to
that
date
shall
not
alter
such
special
treatment
in
a manner
detrimental
to
the
interests
of
the
other
Party.
19.
The
provisions
of
Article
XVII,
paragraph
2
(6)
and
(c),
and
of
Article
XX,
paragraph
2,
shall
not
apply to
postal
services
of
either
Party.
20.
With
reference
to
Article
XX,
the
term
"cargoes"
in
the
meaning
of
the
present
Treaty
includes
both
goods
and
passengers.
21.
The
provisions
of
Article
XXIV,
paragraph
2,
shall
apply
in
the
case
of
Puerto
Rico
regardless
of
any
change
that
may
take
place
in
its
political
status.
22.
Identity
documents
within the
meaning
of
Article
XXV,
paragraph
6,
shall
include,
inter
alia,
(a)
for
the Federal
Republic
of
Germany
:
The
certificate
of
residence (Heimatschein)
and
the
seaman's
book
(Seejahrts-
buch)
issued
by
the
authorities
of
the
Federal
Republic
of
Germany,
if
the
bearer
is
designated
therein
as
a
German
national
;
Np.
3943
46
United
Nations
—
Treaty
Series
1957
(b)
for
the
United
States
of
America
:
A
card
or
certificate
of
identity
and
registration,
or
a
United States
merchant
mariner's
document,
if
the
bearer
is
designated
therein
as
a
national
of
the
United
States.
23.
Territories
under
the
authority
of
a
Party
solely
as
a
military
base
or
by
reason
of
temporary
military
occupation
shall
not
be
considered
territories
of
that
Party
within
the
meaning
of
Article
XXVI,
paragraph
1.
24.
It
is
agreed
that
after
the Federal
Republic
of
Germany
becomes
a
Mem
ber
of
the
United
Nations
or
a
Party
to
the
Statute
of
the
International
Court
of
Justice,
disputes
to
which
Article
XXVII,
paragraph
2,
refers,
and
which
are
not
resolved
by
diplomacy
or
some
other
agreed
means,
shall
be
submitted
to
the
International
Court
of
Justice.
IN
WITNESS
WHEREOF
the
respective
Plenipotentiaries
have
signed
this
Protocol
and
have
affixed
hereunto
their
seals.
DONE
in
duplicate,
in
the
English
and
German
languages,
both
equally
authen
tic,
at
Washington
this
twenty-ninth
day
of
October,
one
thousand
nine
hundred
fifty-four.
For
the
United States
of
America
:
John
Foster
DULLES
[SEAL]
For
the
Federal
Republic
of
Germany
:
ADENAUER
[SEAL]
No.
3943
48
United
Nations
—
Treaty
Series
1957
EXCHANGE
OF
NOTES
DEPARTMENT
OF
STATE
WASHINGTON
October
29,
1954
Excellency
:
I
have
the
honor
to
refer
to the
treaty
of
friendship,
commerce
and
navigation
between
the
United
States
of
America
and
the
Federal
Republic
of
Germany,
signed
today,
1
and
to
set
forth
the
further
agreement
as
follows
:
The
present
special
position
of
the
United
States
of
America
and
its
personnel
in
Germany
shall
not
be
affected
by
the
aforesaid
treaty.
The
aforesaid
treaty
shall
not
modify
or
derogate
from
the
provisions
of
the
conventions
signed
at
Bonn
on
May
26,
1952
2
or
such
agreement
or
agreements
as
may
modify
or
replace
them.
Accept,
Excellency,
the
renewed
assurances
of
my
highest consideration.
John
Foster
DULLES
Secretary
of
State
of
the
United
States
of
America
His
Excellency
Dr.
Konrad
Adenauer
Chancellor
of
the
Federal
Republic
of
Germany
II
[GERMAN
TEXT
TEXTE
ALLEMAND]
DER
BUNDESKANZLER
UNO
BUNDESMINISTER
DES
AUSW RTIGEN
Washington,
den
29.
Oktober
1954
Seiner
Exzellenz
dem
Staatssekret r
der
Vereinigten
Staaten
von Amerika
Herrn
John
Foster
Dulles
Heir
Staatssekret r
!
Ich
beehre
mich,
auf
den
am
heutigen
Tag
unterzeichneten
Freundschafts-,
Handels-
und
Schiffahrtsvertrag
zwischen
der
Bundesrepublik
Deutschland
und
den
Vereinigten
Staaten
von
Amerika
Bezug
zu
nehmen
und
folgende
weitere
Vereinbarung
festzustellen
:
1
See
p.
4
of
this
volume.
*
United
States
of
America
:
Treaties
and
Other
International Acts
Series
3425.
No.
3943
1957
Nations
Unies
—
Recueil
des
Traités
49
Der
genannte
Vertrag
berûhrt
nicht
die
gegenwârtig
noch
bestehende
besondere
Stellung
der
Vereinigten
Staaten
von Amerika
und
ihres
Personals
in
Deutschland.
Der
genannte
Vertrag
bewirkt
keine
Ànderung
oder
Abweichung
von
den
Bestimmungen
der
am
26.
Mârz
1952
in
Bonn
unterzeichneten
Vertrâge
oder
etwaiger
Vereinbarungen
zu
ihrer
Ànderung
oder
Aufhebung.
Genehmigen
Sic,
Herr
Staatsekretâr,
die
émeute
Versicherung
meiner
aus-
gezeichnetsten
Hochachtung.
ADENAUER
[TRANSLATION
l
—
TRADUCTION
2
]
THE
FEDERAL
CHANCELLOR
AND
FEDERAL
MINISTER
OF
FOREIGN
AFFAIRS
Washington,
October
29,
1954
His Excellency
John
Foster
Dulles
Secretary
of
State
of
the
United
States
of
America
Mr.
Secretary
:
I
have
the
honor
to
refer
to
the
treaty
of
friendship,
commerce
and navigation
between
the
United
States
of
America
and
the
Federal
Republic
of
Germany,
signed
today, and
to
set
forth
the
further
agreement
as
follows
:
[See
note
7]
Accept,
Mr.
Secretary
of
State,
the
renewed
assurance
of
my
most
distinguished
consideration.
ADENAUER
1
Translation
by
the
Government
of
the
United
States
of
America.
*
Traduction
du Gouvernement
des
États-Unis
d'Amérique.
N»
3943
50
United
Nations
—
Treaty
Series
1957
III
DEPARTMENT
OF
STATE
WASHINGTON
October
29,
1954
Excellency
:
During
the
discussion
of
Article
XV,
paragraph
1,
of
the
treaty
of
friendship,
commerce
and navigation
between
the
United
States
of
America
and
the
Federal
Republic
of
Germany,
signed
today,
the
representatives
of
the
two
Governments
exchanged
views
as
to
possible
means
available
for
affording
protection
to traders
against
sudden
imposition
of
administrative
measures
adversely
affecting
their
ability to
plan
and
conduct
their
international
business
with
reasonable
assurance.
The
representatives
of
the
United
States
of
America
pointed
out
that
under
United
States
procedure
new
administrative
measures
affecting
imports
become
effective,
as
a
general
practice,
only
upon
the
expiration
of
a
transitory
period
of
not
less
than
30
days
after
publication
thereof.
Types
of
administrative
measures
fall
ing
under
this
procedure
include,
for example,
the
imposition
or
reduction
of
quo
tas,
the
increase
of
duties
as
a
consequence
of
"escape
clause"
action
or
of
a
change
in
a
uniform
and
established
classification,
and the
withdrawal
of
trade
agreement
concessions.
They
also
explained
that
under
Section
16.10»
of
the
Customs
Regulations
a
procedure
exists whereby
importers
and
foreign
exporters
may
apply
to
the
Commissioner
of
Customs
for
decisions
of
a
binding
character
regarding
the
customs
classification
of
particular
articles
intended
for
importation.
The
German
representatives
stated
that
under
German
law
and
procedure
importers
and
foreign
exporters
may,
in
advance
of
shipment,
obtain
binding
customs
information
about
tariff
rates
and
expressly
specified
commodities
valid
as
against
any
modification
or
cancellation,
subject
to the
regulations
of
the
Allge-
meine
Zollordnung,
paragraph
86,
subparagraph
3,
for
a
period
of
three
months.
Moreover,
paragraph
131
of
the
Reichsabgabenordnung
affords
the
possibility
for
importers
to
apply
for
suspension
or
reduction
of
the
customs
duties
payable
by
them,
if
a
customs
tariff
modification
affects
them
unfairly
in
individual
cases.
They
further
stated
that
upon
promulgating
new
import
restrictions
or
intensifying
existing
import
restrictions
the
competent
German
government
agencies
will
take
into
account
in
their
administrative
practices,
as
far
as
possible,
the
recommenda
tions
accepted
by the
Contracting
Parties
to
the
General
Agreement
on
Tariffs
and
Trade,
that
is,
the
Standard
Practices
for
Import
and
Export
Restrictions
and
Exchange
Controls.
The
two
Governments
are
agreed
that
neither
has
the
intention
of
changing
existing
administrative
procedures
so
as
to
provide
less
favorable
facilities
and
treatment
;
and
that,
moreover,
further
progress
should
be
sought
on
a
broad
international
basis
in
the
development
of
measures
designed
to
increase
the
cer-
No.
3943
1957
Nations
Unies
—
Recueil
des
Traités
51
tainty
with
which
traders
can
plan
their
international
business
as
against
adminis
trative
actions
affecting
the
international
movement
of
products.
Accept,
Excellency,
the
renewed assurances
of
my
highest
consideration.
John
Foster
DULLES
Secretary
of
State
of
the
United
States
of
America
His Excellency
Dr.
Konrad
Adenauer
Chancellor
of
the
Federal
Republic
of
Germany
IV
[GERMAN
TEXT
—
TEXTE
ALLEMAND]
DER
BUNDESKANZLER
UND
BUNDESMINISTER
DES
AUSWÂRTIGEN
Washington,
den
29.
Oktober
1954
Seiner
Exzellenz
dem
Staatssekretâr
der
Vereinigten
Staaten
von
Amerika
Herrn
John
Foster
Dulles
Herr
Staatssekretâr
!
Bei
den
Verhandlungen
uber
Artikel
XV
Absatz
1
des
heute
unterzichneten
Freundschafts-,
Handels-
und
Schiffahrtsvertrags
zwischen
der
Bundesrepublik
Deutschland
und
den
Vereinigten
Staaten
von
Amerika
haben
die
Beauftragten
der
beiden Regierungen
ihre
Auffassungen
daruber
ausgetauscht,
wie
den
Ge-
schâftskreisen
ein
Schutz
davor
gewàhrt
werden
kônnte,
dass
die
plôtzliche
An-
wendung
von
neuen
Verwaltungsvorschriften
es
ihnen
erschwert,
ohre Auslands-
geschàfte
mit
der
erforderlichen
Stetigkeit planen
und
durchfûhren
zu
kônnen.
Die
Beauftragten
der
Vereinigten
Staaten
von
Amerika
haben
darauf
hinge-
wiesen,
dass
nach
amerikanischem
Verfahren
neue
Verwaltungsmassnahmen,
welche
die
Einfuhr
betreffen,
im allgemeinen
erst mit
dem
Ablauf
einer
Ubergangs-
zeit
von
mindestens
30
Tagen
nach
ihrer
Verôffentlichung
wirksam
wurden.
Zu
den
Verwaltungsmassnahmen,
auf
welche
dieses
Verfahren Anwendung
findet,
gehôre
z.
B.
die
Einfuhrung
oder
Herabsetzung
von
Kontingenten,
die
Erhôhung
von
Zôllen
auf
Grund
einer
,,Ausweichklausel"
oder
durch
Ânderung
einer
bestehen-
den
einheitlichen
Tarifierung,
ferner
die
Zuriicknahme
von Zugestândnissen
in
Handelsabkommen.
Sie
haben
ausserdem
erklart,
dass
Section
16.10
(a)
der
Customs
Regulations
ein
Verfahren
vorsehe,
nach
welchem
Einfûhrer
und
auslândische
Ausfuhrer
bei
dem
Commissioner
of
Customs
Entscheidungen
bindenden
Cha-
rakters
uber
die
Tarifierung
von
solchen
Waren
beantragen
kônnten,
deren
Ein
fuhr
beabsichtigt
sei.
N»
3943
