4-2-2-13 MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA REGARDING INTERNATIONAL TRADE IN COMMERCIAL LAUNCH SERVICES (Signed at Beijing on March 13, 1995, Entered into force January 1, 1995)

V. Clarification of Rights and Obligations

1.

If, after friendly consultations with the PRC, the U.S. determines that there is clear evidence that the provisions of this Agreement have been violated, the U.S. reserves its right to take any action permitted under U.S. laws and regulations, taking into account the harm caused to U.S. interests under the agreement. The U.S. shall seek to avoid actions inconsistent with this Agreement.

2.

With regard to export licenses, any applications for a U.S. export license will be reviewed on a case-by-case basis consistent with U.S. laws and regulations. Nothing in this Agreement shall be construed to mean that the U.S. is constrained from taking any appropriate action with respect to any U.S. export license, consistent with U.S. laws and regulations. Nevertheless, the U.S. will do its utmost to assure, consistent with U.S. laws and regulations, continuity of issued license(s) and the completion of the transactions covered in such license(s).