to which I am replying. Therefore, the Consuls of Venezuela will be given appropriate instructions in order to comply with the provisions of the agreement concluded by this exchange of notes. It is understood that the citizens of the United States who may visit Venezuela, as well as the Venezuelan citizens who may visit the United States, remain subject to the laws which govern the admission of foreigners in the two countries. of I avail myself of the opportunity to reiterate to Your Honor the assurances my high consideration. To the Honorable Mr. HENRY S. VILLARD Chargé d'Affaires ad interim of the United States of America. Present. E. GIL BORGES No. 351 MOST-FAVORED-NATION TREATMENT IN CUSTOMS MATTERS Exchange of notes at Caracas May 12, 1938 Extended by agreement of May 9, 1939 1 Supplanted December 16, 1939, by modus vivendi of November 6, 1939 2 52 Stat. 1493; Executive Agreement Series 122 The American Chargé d'Affaires ad interim to the Minister EXCELLENCY: of Foreign Affairs LEGATION OF THE United States of AMERICA For the purpose of formalizing the result of the conversations which I have had with Your Excellency I have the honor to inform you that the Government of the United States of America is disposed, pending the conclusion of the reciprocal trade agreement which the two Governments have under consideration, to regulate the commercial relations between the two countries by a modus vivendi on the basis of the application of the most-favored-nation principle, in conformity with the following articles: Article I. Both Governments agree to concede reciprocally unconditional and unlimited most-favored-nation treatment in all that concerns customs duties and all accessory imposts, the manner of applying duties as well as the rules and formalities to which customs operations can be submitted. Article II. The provisions of the foregoing article shall not apply: 153 Stat. 2344; EAS 148. 2A modus vivendi in the form of an exchange of notes between the American Ambassador and the Minister of Foreign Affairs was signed at Caracas Nov. 6, 1939 (for text, see 54 Stat. 2375 or p. 2 of EAS 180). The provisions of arts. I-XVIII, inclusive, and the two annexed schedules of the modus vivendi are identical with the corresponding articles and schedules of a definitive agreement signed at Caracas on the same day (EAS 180, post, p. 1141). The modus vivendi, according to the terms of art. XIX thereof, en- . tered into force Dec. 16, 1939, supplanted the agreement of May 12, 1938 (EAS 122), as extended, and terminated upon entry into force of the definitive agreement. 1. To the advantages now accorded or which may hereafter be accorded by the United States of America or by the United States of Venezuela to adjacent countries in order to facilitate frontier traffic; nor shall it apply to advantages resulting from customs unions to which the United States of America or the United States of Venezuela may become a party. 2. To the advantages now accorded or which may hereafter be accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another or to the Republic of Cuba. The provisions of this paragraph shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another irrespective of any change in the political status of any territory or possession of the United States of America. 3. To articles transshipped through Puerto Rico or the Virgin Islands and imported into Venezuela. Article III. The present agreement shall come into force on this date and shall remain in force for a period of one year or until superseded by a more comprehensive commercial agreement or until denounced by either country by advance written notice of not less than thirty days. Accept, Excellency, the renewed assurances of my highest consideration. His Excellency Dr. E. GIL BORGES, DANIEL M. BRADDOCK Chargé d'Affaires ad interim The Minister of Foreign Affairs to the American Chargé d'Affaires ad interim For the purpose of formalizing the result of the conversations which I have had with Your Honor, I have the honor to inform you that the Government of Venezuela is disposed, pending the conclusion of the reciprocal trade agreement which the two Governments have under consideration, to regulate the commercial relations between the two countries by a modus vivendi on the basis of the application of the most-favored-nation principle, in conformity with the following articles: [For text of articles, see U.S. note, above.] I beg Your Honor to accept the assurances of my very distinguished consideration. To the Honorable Mr. DANIEL M. BRADDOCK, Chargé d'Affaires ad interim of the United States of America, City. E. GIL BORGES RECIPROCAL TRADE Agreement and exchange of notes signed at Caracas November 6, 1939 1 Ratified by Venezuela July 24, 1940 Proclamation and ratification exchanged at Washington November 14, Supplementary proclamation by the President of the United States Entered into force provisionally December 16, 1939;2 definitively Supplemented by agreement of August 28, 1952 3 6 Modified by agreements of July 15 and 23, 1963, and June 26, 1972 5 Schedule I terminated June 30, 1972; schedule II terminated June 30, 1972, with exceptions? 54 Stat. 2375; Executive Agreement Series 180 AGREEMENT The President of the United States of America, and the President of the United States of Venezuela, being desirous of strengthening the traditional bonds of friendship between the two countries, of maintaining the principle 1 1 For schedules annexed to the agreement, see 54 Stat. 2383 or p. 10 of EAS 180. For proclamations relating to allocation of tariff quotas on crude petroleum and fuel oil dated Dec. 12, 1939, Dec. 28, 1940, and Dec. 26, 1941, see 54 Stat. 2451, 54 Stat. 2456, 55 Stat. 1393; EAS 191, 192, 226. 2 A modus vivendi in the form of an exchange of notes between the American Ambassador and the Minister of Foreign Affairs was also signed at Caracas Nov. 6, 1939. The provisions of arts. I-XVIII, inclusive, and the two annexed schedules of the modus vivendi are identical with the corresponding articles and schedules of the definitive agreement. The modus vivendi, according to the terms of art. XIX thereof, entered into force Dec. 16, 1939, supplanted the agreement of May 12, 1938 (EAS 122, ante, p. 1138), as extended, and terminated upon entry into force of the definitive agreement. "Pursuant to notice of termination given by Venezuela Dec. 31, 1971, and in accordance with agreement of June 26, 1972 (23 UST 1213; TIAS 7387). 7 * Pursuant to notice of termination given by the United States June 26, 1972, and in accordance with agreement of the same date (23 UST 1213; TIAS 7387). 308-581-74- -73 |