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Show COLUMBIA RIVER TREATY 417 (c) assist in reconciling differences concerning technical or operational matters that may arise between the entities; (d) make periodic inspections and require reports as necessary from the entities with a view to ensuring that the objectives of the Treaty are being met; (e) make reports to the United States of America and Canada at least once a year, of the results being achieved under the Treaty and make special reports concerning any matter which it con- siders should be brought to their attention; (f) investigate and report with respect to any other matter coming within the scope of the Treaty at the request of either the United States of America or Canada. (3) Reports of the Permanent Engineering Board made in the course of the performance of its functions under this Article shall be prima fade evidence of the facts therein contained and shall be ac- cepted unless rebutted by other evidence. (4) The Permanent Engineering Board shall comply with direc- tions, relating to its administration and procedures, agreed upon by the United States of America and Canada as evidenced by an exchange of notes. ARTICLE XVI Settlement of Differences (1) Differences arising under the Treaty which the United States of America and Canada cannot resolve may be referred by either to the International Joint Commission for decision. (2) If the International Joint Commission does not render a deci- sion within three months of the referral or within such other period as may be agreed upon by the United States of America and Canada, either may then submit the difference to arbitration by written notice to the other. £3) Arbitration shall be by a tribunal composed of a member ap- pointed by Canada, a member appointed by the United States of America and a member appointed jointly by the United States of America and Canada who shall be Chairman. If within six wTeeks of the delivery of a notice under paragraph (2) either the United States of America or Canada has failed to appoint its member, or they are unable to agree upon the member who is to be Chairman, either the United States of America or Canada may request the Presi- dent of the International Court of Justice to appoint the member or members. The decision of a majority of the members of an arbitration tribunal shall be the decision of the tribunal. (4) The United States of America and Canada shall accept as defin- itive and binding and shall carry out any decision of the International Joint Commission or an arbitration tribunal. (5) Provision for the administrative support of a tribunal and for remuneration and expenses of its members shall be as agreed in an exchange of notes between the United States of America and Canada. (6) The United States of America and Canada may agree by an exchange of notes on alternative procedures for settling differences arising under the Treaty, including reference of any difference to the International Court of Justice for decision. |