ABBA EBAN [SEAL]
Ambassador
PROTOCOL
At the time of signing the Treaty of Friendship, Commerce and Navigation between the United States of America and Israel the undersigned Plenipotentiaries, duly authorized by their respective Governments, have further agreed on the following provisions, which shall be considered integral parts of the aforesaid Treaty:
1. The term "access" as used in Article V, paragraph 1, comprehends, among other things, legal aid and security for costs and judgment.
2. The first sentence of Article V, paragraph 1, shall not obligate either Party with respect to entertaining an action where a decree of dissolution of marriage is sought by an alien. For this purpose, decree of dissolution of marriage includes a decree of divorce and a decree of nullity.
3. The provisions of Article VI, paragraph 3, providing for the payment of compensation shall extend to interests held directly or indirectly by nationals and companies of either Party in property which is taken within the territories of the other Party.
4. With reference to Article VII, paragraph 4, either Party may require that rights to engage in mining on the public domain shall be dependent on reciprocity.
5. It is understood that the provisions of Article IX do not affect the disposition by either Party of its public domain.
6. Either Party, in adopting such measures of exchange control as may be necessary from time to time to deal with a stringency of foreign exchange, may depart from the provisions of paragraphs 2 and 6 of Article XII. However, such measures shall depart no more than necessary from the provisions of said paragraphs and shall be conformable with a policy designed to promote the maximum development of nondiscriminatory foreign trade and to expedite the attainment both of a balance of payments position and of reserves of foreign exchange which will obviate the necessity of such measures. A Party may also, notwithstanding Article XIV, paragraph 2(b) and (c), apply quantitative restrictions on imports that have effect equivalent to exchange restrictions applied pursuant to the preceding sentences of the present provision. A Party resorting to the present provision, or to paragraph 5 of Article XII, shall consult with the other Party at any time, upon request, as to the need for and application of restrictions thereunder, and shall give the other Party as much advance notice as practicable of prospective new or substantially increased resort thereto.
7. The provisions of Article XVII, paragraph 2(b) and (c) of Article XIX, paragraph 4, shall not apply to postal services.
8. The provisions of Article XX, (b) and (c), shall not obligate either Party with respect to nationals and products of any country which does not permit transit through its territories or nationals and products of such Party.
9. The provisions of Article XXI, paragraph 2, shall apply in the case of Puerto Rico regardless of any change that may take place in its political status.
10. Article XXIII does not apply to territories under the authority of either Party solely as a military base or by reason of temporary military occupation,
IN WITNESS WHEREOF the respective Plenipotentiaries have signed this Protocol and have affixed hereunto their seals.
DONE in duplicate, in the English and Hebrew languages, both equally authentic, at Washington, this twenty-third day of August, one thousand nine hundred fifty-one, which corresponds to the twenty-first day of Av, five thousand seven hundred and eleven.
FOR THE UNITED STATES OF AMERICA:
DEAN ACHESON [SEAL]
FOR ISRAEL:
ABBA EBAN [SEAL]
The Secretary of State to the Israeli Ambassador
DEPARTMENT OF STATE
WASHINGTON
August 23, 1951
EXCELLENCY:
I have the honor to refer to the Treaty of Friendship, Commerce and Navigation between the United States of America and Israel signed at Washington on August 23, 1951, and to confirm the understanding reached during the negotiation thereof that, for the purposes of the aforesaid Treaty, the United States of America is prepared, pending enactment of nationality legislation by Israel, to consider persons holding or entitled to hold Israel passports or traveling documents as nationals of Israel.
It is understood also that the foregoing is without reference to any questions of dual nationality.
Accept, Excellency, the renewed assurances of my highest consideration.
DEAN ACHESON
His Excellency
ABBA EBAN,
Ambassador of Israel.
The Israeli Ambassador to the Secretary of State
EMBASSY OF ISRAEL
WASHINGTON, D. C.
August 23, 1951
EXCELLENCY:
I have the honor to refer to the Treaty of Friendship, Commerce and Navigation between Israel and the United States of America, signed at Washington on August 23, 1951, and to confirm the understanding reached during the negotiation thereof that, for the purposes of the aforesaid Treaty, the United States of America is prepared, pending enactment, of nationality legislation by Israel, to consider persons holding or entitled to hold Israel passports or traveling documents as nationals of Israel; and further, it is understood that the foregoing is without reference to any questions of dual nationality.
Accept, Excellency, the renewed assurances of my highest consideration.
ABBA EBAN
His Excellency
DEAN G. ACHESON,
Secretary of State,
Washington, D. C.
WHEREAS the Senate of the United States of America by their resolution of July 21, 1953, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the aforesaid treaty, together with the aforesaid protocol and exchange of notes relating thereto, subject to a reservation as follows:
"Article VIII, paragraph 2, shall not extend to professions which, because they involve the performance of functions in a Public capacity or in the interest of public health and safety, are state-licensed and reserved by statute or constitution exclusively to citizens of the country, and no most-favored-nation clause in the said treaty shall apply to such professions.";
WHEREAS the text of the aforesaid reservation was communicated by the Government of the United States of America to the Government of Israel by a note dated July 28, 1953 and was accepted by the Government of Israel by a note dated December 3, 1953;
WHEREAS the aforesaid treaty, together with the protocol and the exchange of notes relating thereto, was ratified by the President of the United States of America on December 18, 1953, in pursuance of the aforesaid advice and consent of the Senate and subject to the aforesaid reservation, and was ratified on the part of the Government of Israel;
WHEREAS the respective instruments of ratification, as aforesaid, were exchanged at, Washington on March 4, 1954, and a protocol of exchange, in the English and Hebrew languages, was signed at that place and on that date by the respective Plenipotentiaries of the United States of America and Israel, the said protocol of exchange indicating that the aforesaid reservation had been made and accepted;
AND WHEREAS it is provided in Article XXV of the aforesaid treaty that the treaty shall enter into force on the thirtieth day following the day of exchange of ratifications and in the aforesaid protocol of August 23, 1951 that the provisions thereof shall be considered integral parts of the treaty, and the aforesaid notes are deemed to be an integral part of the treaty;
Now, THEREFORE, be it known that I, Dwight P. Eisenhower, President of the United States of America, do hereby proclaim and make public the aforesaid treaty, the aforesaid protocol of August 23, 1951, and the aforesaid exchange of notes to the end that the same and every article and clause thereof may be observed and fulfilled in good faith on and after April 3, 1954, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof, subject to the aforesaid reservation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
DONE at the city of Washington this sixth day of May in the year of our Lord one thousand nine hundred fifty-four and of the Independence of the United States of America the one hundred seventy-eighth.
DWIGHT D EISENHOWER
By the President: JOHN FOSTER DULLES，Secretary of State