Washington, DC.
DEAR MS. AMBASSADOR: I have the honor to confirm the following understanding reached between the delegations of the Republic of Poland and the United States in the course of the negotiations of the Treaty Concerning Business and Economic Relations signed this day.
[The English translation of this letter agrees in all substantive respects with the text of Ambassador Hills' letter on intellectual property.]
I have the honor to propose that this understanding be treated as an integral part of the Treaty Concerning Business and Economic Relations.
I would be grateful if you would confirm that this understanding is shared by your Government.
Respectfully,
(S) D. LEDWOROWSKI.
WASHINGTON, DC, March 21, 1990.
Correspondence
U.S. TRADE REPRESENTATIVE,
EXECUTIVE OFFICE OF THE PRESIDENT,
Washington, DC, March 21, 1990.
Mr. DARIUSZ LEDWOROWSKI
Under Secretary of State,
Ministry of Foreign Economic Relations,
Warsaw, Poland.
DEAR MR. MINISTER: I have the honor to confirm the following understanding reached between the delegations of the Republic of Poland and the United States of America in the course of negotiating the Treaty concerning Business and Economic Relations (the "Treaty") signed on this day.
In the implementation of Article II, paragraph I relating to the entry of investments, the Republic of Poland shall, in its application of its relevant laws and regulations, observe the following procedures and conditions in reviewing applications for entry of United States investments:
A permit for entry of United States investments shall be issued automatically within sixty days of submission of an application unless the U.S. investor is notified in writing of denial and the grounds and reasons thereof within sixty days from the date of the submission;
A permit for entry of the U.S. investment may be denied only if it presents a threat to state economic interests, to national security or to the environment;
In evaluating the impact of the proposed investment on the environment, the standards used shall be those applied to domestic enterprises;
The criterion of "threat to state economic interests" shall be used only in exceptional cases and not for the purpose of limiting competition;
In implementing its investment review procedures, the Republic of Poland shall accord nationals and companies of the United States treatment at least as favorable as that provided the nationals and companies of any third country;
Within two years from the entry into force of the Treaty, the Governments of the Republic of Poland and the United States shall review the existing statutory provisions on screening with a view to narrowing the scope of investments that require a formal entry permit and subsequently phasing out such permits..
I have the honor to propose that this understanding be treated as an integral part of the Treaty Concerning Business and Economic Relations.
I would be grateful if you would confirm that this understanding is shared by your government.
Sincerely,
CARLA A. HILLS,
U.S. Trade Representative.
Correspondence
[DEPARTMENT OF STATE, DIVISION OF LANGUAGE SERVICES-TRANSLATION LS No. 132108 A JS/AO Polish]
MINISTRY OF ECONOMIC COOPERATION WITH FOREIGN COUNTRIES, Undersecretary of State.
Hon. MS. CARLA HILLS,
Representative for U.S. CommercialAffairs, Washington, DC.
DEAR Ms. AMBASSADOR: I have the honor to confirm the following understanding reached between the delegations of the Republic of Poland and the United States in the course of the negotiations of the Treaty Concerning Business and Economic Relations signed this day.
[The English translation of this letter agrees in all substantive respects with the text of Ambassador HILLS' letter on entry of investments.]
I have the honor to propose that this understanding be treated as an integral part of the Treaty Concerning Business and Economic Relations.
I would be grateful if you would confirm that this understanding shared by your Government.
Respectfully,
(S) D. LEDWOROWSKI.
WASHINGTON, DC, March 21, 1990.