GEORGE A. GARRETT [SEAL]
SEAN MACBRIDE [SEAL]
Attachments
MINUTES OF INTERPRETATION
Concerning
Treaty of Friendship, Commerce and Navigation Between the United States of America and Ireland,
Signed at Dublin, January 21, 1950.
The following notes record the common understanding of the representatives of the United States of America and Ireland with regard to certain questions of interpretation that arose during the course of negotiating the provisions of the Treaty of Friendship, Commerce and Navigation between the two countries, signed this day:-
Ad Article I, paragraph 2 (e)-
The word "material" is not limited to that intended for printed publication, but includes material for radio, photographic and other uses.
Ad Article I, paragraph 3-
This provision refers, inter alia, to provisions in the immigration laws prescribing grounds for excluding or expelling particular individuals.
Ad Article III, paragraph 1-
Nothing in this paragraph shall be construed to prejudice the right of either Party to bar from acquiring its citizenship persons who avail themselves of the exemption therein provided.
Ad Article VI-
The word "commercial", as used in this Article, does not extend to the fields of navigation, aviation, communications or public utilities. It relates primarily, though not exclusively, to the buying and selling of goods and activities incidental thereto.
Ad Article VI, paragraph 4-
With reference to the first sentence, it is understood that acquisition of ownership interests in manufacturing and processing enterprises will not be restricted to a greater degree than required by the Control of Manufactures Acts 1932 and 1934; and that these Acts will be applied in a liberal spirit.
Ad Article VII-
The provisions of this Article are to be construed without prejudice to those policies followed by the United States Alien Property Custodian in disposing of certain formerly enemyowned enterprises which are designed to prevent such enterprises from returning to the ultimate control, directly or indirectly, of World War II enemies of the United States.
Ad Article VII, paragraph 2-
The materials referred to include such things as firearms, explosives, poisons and habit-forming narcotics.
Ad Article VIII, paragraph 2-.
The second sentence is not intended to require indemnification in cases such as confiscation of contraband and distraint for non-payment of taxes or debt.
Ad Article XII, paragraph 2 (a).-
The word "sanitary" as used here, has reference to the protection of human, animal or plant life or health.
Ad Article XIII, paragraph 1-
The term "administrative rulings of general application" has reference to such as are calculated to enable traders to have the information they legitimately need in order that they may plan their business with foresight. The term is not intended to apply to rulings having to do merely with the internal functioning of the public administration.
Ad Article XV, paragraph 3-
Nothing in this Treaty shall be construed to supersede any provision of the reciprocal arrangement between the United States and Ireland for relief from double income tax on shipping profits effected by an exchange of Notes signed August 24, 1933 and January 9, 1934.
Ad Article XVII, paragraph 3-
This paragraph refers to the treatment granted to nationals and companies of either party under such exchange restrictions as may be enforced from time to time by other Party comfortable with other provisions of the present Treaty.
Ad Article XVII, paragraph 5-
It is understood that the term "reasonable provision" allows either Party, during periods of exchange stringency, to apply exchange restrictions necessary to assure the availability of foreign exchange payments of goods and services essential to the health and welfare of its people, and also allows consideration to be given special needs for other exchange transactions.
Ad Article XVII-
Territories under the authority of either Party merely by reason of temporary military occupation are not included.
Ad Minutes of Interpretation-
These are designed to clarify mutual intent, and do not constitute commitments altering the terms of the Treaty.
G A G.
S MacB
Dublin, January 21, 1950.