ÌÀÍ·Ìõ

January 07, 1958

Note: The Agreement entered Into force, January 7, 1958.

Reference: This Agreement is also published in III DFA TS No. 2, p. 20.

I

Manila, January 7, 1958

EXCELLENCY:

With reference to the recent tirade talks, I have the honor to confirm that the Government of Japan and the Government of the Republic of the Philippines, having discussed through their respective representatives measures v/hich might usefully be adopted with the object of developing trade and commerce between Japan and the Republic of the Philippines on a mutually advantageous basis within the framework of multilateral payments to which both governments have subscribed by'international agreement, have agreed as follows:

1. (a) Each country shall follow the principle of non-discrimination with respect to import procedures and regulations, in that the same treatment shall be accorded the products of the other country as that given to similar products when imported under similar terms and conditions from any third country.

(b) Each country shall accord the products of the other country as favorable treatment as possible in conformity with the principle of non-discrimination with respect to customs duties as well as formalities connected therewith.

(c) The principle of non-discrimination shall not apply to treatment, benefits or advantages accorded by the Republic of the Philippines to articles of the United States of America as they relate to customs duties; and by Japan to the products of any area set forth in Article 3 of the Treaty of Peace with Japan signed at the City of San Francisco on September 8, 1951, so long as the situation set forth in the second sentence of the said article continues with respect to the administration, legislation and jurisdiction over such area.

(d) Both countries shall not be precluded from adopting measures of exchange restrictions which are permissible under the provisions of the Articles of Agreement of the International Monetary Fund.

2. Each country will do everything feasible to ensure compliance with the export-import controls, exchange controls and such other controls pertaining to international trade and payments as may be in force and effect from time to time in the areas under the jurisdiction of the other.

3. Both countries shall consult with each other, as may be necessary, with respect to the implementation of the provisions of this Agreement. For such consultation a Joint Committee shall be formed which may be convoked at the request of either country. The Joint Committee shall meet at least once in three months at Manila or Tokyo. Both countries shall inform each other of the names of their respective representatives as soon as possible.

4. This Agreement may be revised by mutual consent of both countries, or terminated upon sixty (60) days' notice in writing. Any revision or termination of this Agreement shall be without prejudice to any right or obligation accruing or incurred hereunder prior to the effective date of such revision or termination.

I have the honor to propose that this Note and Your Excellency's reply thereto confirming the foregoing on behalf of the Government of the Republic of the Philippines shall be regarded as constituting an Agreement which enters into force and effect on this day's date of Your Execellency's Note of reply.

Accept, Excellency, the renewed assurances of my highest consideration.

EXCELLENCY:

I have the honor to acknowledge the receipt of Your Excellency's Note dated January 7, 1958, which reads as follows:

[See Note I]

On behalf of the Government of the Republic of the Philippines, I have the honor to confirm the Agreement stated in Your Excellency's Note and also to state that the Government of the Republic of the Philippines agrees to Your Excellency's proposal set forth in the said Note.

Accept, Excellency, the renewed assurances of my highest consideration.

His Excellency
MORIO YUKAWA
Ambassador of Japan