3366
TREATY BETWEEN GERMANY AND JAPAN.
The subjects or citizens of each of the Contracting Parties may trade in any part of the dominions of the other by wholesale or retail in all kinds of produce, manufactures, and merchandize of lawful commerce, either in person or by agents, singly or in partnerships with foreigners or native subjects, conforming themselves to the laws, police and customs regulations of the country like native subjects or citizens. They shall have liberty freely to come with their ships and cargoes to all places, ports, and rivers in the territories of the other, which are or may be opened to foreign commerce, and shall enjoy, respectively, the same treatment in matters of industry, manufacture, commerce, and navigation as native subjects or citizens, without having to pay taxes, imports, or duties, of whatever nature or under whatever denomination levied in ne name or for the profit of the Government, public functionaries, private individuals, corporations, or establishments of any kind, other or greater than those paid by native subjects or citizens.
Art. III. The subjects or citizens of each of the contracting Parties shall enjoy in the dominions of the other the same protection as native subjects in regard to patents, trade marks, and designs, upon fulfilment of the formalities prescribed by law.
Such protection shall mutually be granted by each of the Contracting Parties to the subjects or citizens of the other, as far and as long as they are protected in their own country, provided such protection shall in no case exceed the period prescribed by the laws of the country affording such protection.
Art. IV. No other or higher duties shall be imposed on the importation into the dominions of His Majesty the Emperor of Japan of any article, the produce or manufacture of the dominions of Germany, from whatever place arriving; and no other or higher duties shall be imposed on the importation into the dominions of Germany of any article, the produce or manufacture of the dominions of His Majesty the Emperor of Japan, from whatever place arriving, than on the like article produced or manufactured in any other foreign country; nor shall any other pro- hibition be maintained or imposed on the importation of any article, the produce or manufacture of the dominions of either of the Contracting Parties, into the dominious of the other, from whatever place arriving, which shall not equally extend to the importation of the like article being the produce or manufacture of any other country. The last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons, or of cattle, or of plants useful to agriculture.
Art. V.-It is agreed by the High Contracting Parties that, in lieu of the import duties hitherto levied and collected, the duties specified in the tariff hereunto annexed may be levied by the Japanese Government on all goods the growth, produce, or manufacture of Germany upon importation into Japan. The Japanese Govern- ment, however, reserves to itself the right to restrict or temporarily prohibit the importation of any article which for sanitary reasons or in view of public security, might offer any danger, and, under exceptional circumstances, the importation of munitions of war.
It is understood by the Contracting Parties that the Japanese Government, in the event of its imposing or augmenting any internal duty on saké, shoyu, mirin, or tobacco, may impose a compensatory duty on such articles imported into Japan, provided such compensatory duty, with the Customs duty added, shall not exceed the internal tax or duty.
Import duties payable ad valorem in Japan shall be calculated on the actual cost of the goods at the place of purchase, production, or fabrication, with the addition of the cost of insurance, and transportation from the place of purchase, production, or fabrication to the port of discharge, as well as commission, if any exists. The sum thus obtained shall be regarded as the dutiable value of the goods, upon which the rate of duty provided in the tariff shall be paid.
Goods of foreign production or manufacture re-imported into Japan, after having been exported therefrom, shall pay import duty in accordance with the tariff, notwithstanding duty may have been paid upon such goods when originally
mported.