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October 19, 1903. J
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA.
CHINA OVERLAND TRADE REPORT.
officers of other nations; the United States inay appoint, as its interests may require, consular officers to reside at the places in the Empire of China that are now or that may hereafter be opened to foreign residence and trade. They shall hold direct official inter- The following is the Treaty of Commerce course and correspondence with the local and Navigation, between the United States officers of the Chinese Government within of America and His Majesty the Emperor of their consular districts, either personally or China, signed at Shanghai, China, on the in writing as the case may require, on terms 8th day of October, 1903. The text below of equality and reciprocal respect. These is translated from the Chinese, and we officers shall be treated with proper respect are indebted to the Shanghai Mercury for it. by all Chinese authorities, and they shall The United States of America and His enjoy all the attributes, privileges mi im- Majesty the Emperor of China, being ani-munities, and exercise all the jurisdiction mated by an earnest desire to extend over their nationals which are or ruay here- further the commercial relations between | after he extended to similar officers of the them and otherwise to promote the nation the most favoured in these res- interests of the peoples of the two coun-pects. If the officers of either government tries in view of the provisions of the first are disrespectfully treated or aggrieved in paragraph of Article NL of the final Protocol | any way by the authorities of the other, they signed at l'eking on the 7th day of September, shall have the right to make representation A.D. 1901, whereby the Chinese Government of the same to the superior officers of their agreed to negotiate the amendments deemed own goveriament, who shall see that full necessary by the foreign Governments to the inquiry and strict justice be had in the treaties of commerce and navigation and premises. And the said consular officers of other subjects concerning commercial rela- either nation shall carefully avoid all acts of tions, with the object of facilitating them, offence to the officers and people of the other | have for that purpose named as their Plenipo- nation. Tentiaries:
On the arrival of a consul properly The United States of America
accredited at any place in China opened to EDWIN H. CONGER, Envoy Extra r- foreign trade it shall be the duty of the dinary and Minister Plenipoten-Minister of the United States to inform the tiary of the United States of | Board of Foreign Affairs, which shall, in America to China--
accordance with international usage, forth JOHN GOODNEW, Con: ul-General of ¦ with cause the due recognition of the said
the United States of America at ¦ consul and grant him authority to act. Shanghai
ARTICLE III. JOHN F. SEAMAs, a Citizen of the United States of America re- sident at Shanghai And His Majesty the Emperor of China -
LU HAT-HUAN, President of the
Board of Public Works SHENG HUAN HUAI, Junior Guardian of the Heir Apparent, Formerly Senior Vice President of the Board of Public Works WU TING-FANG, Senior Vice-President
of the Board of Commerce who having met and duly exchanged their full powers which were found to be in proper form, have agreed upon the following amendments to existing treaties of commerce and navigation previously con- cluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations, with the object of facilitating them.
ARTICLE 1.
In accordance with international custom, and as the diplomatic representative of China has the right to reside in the capital of the United States, and to enjoy there the same prerogatives, privileges and immunities as are enjoyed by the similar representative of the most favoured nation, the diplomatic representative of the United States shall have the right to reside at the capital of His Majesty the Emperor of China. He shall be given audience of His Majesty the Emperor whenever necessary to present his letters of credence or any communication from the President of the United States. At all such times he shall be received in a place and in a manner befitting his high position, and on all such occasions the ceremonial observed to- ward him shall be that observed toward the representatives of nations on a footing of equality, with no loss of prestige on either side.
The diplomatic representatives of the United States shall enjoy all the prerogatives, privileges and immunities accorded by inter- national usage to such representatives, and shall in all respects he entitled to the treat ment extended to similar representatives of the most favoured nation.
The English text of all notes or despatches from United States officials to Chinese officials, and the Chinese text of all from Chinese officials to United States officials shall be authoritative.
ARTICLE II.
As China may appoint consular officers to reside in the United States and to enjoy there the same attributes, privileges and immunities as are enjoyed by consular
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Citize scf the Uni ed States may frequent, reside, and e rry on trade, industries and manufactures, r pursue any lawful avocation, in all the ports or localities of China which | are now open or may hereafter be opened to foreign tra le and residence; and, within the suitable localities at those places which have heen or may be set apart for the use and oc- eupation of foreigners, they may rent or pur- chase houses, places of business and other buildings, and rent or lease in perpetuity land and build thereon. They shall generally en- joy as to their persons and property all such rights, privileges and immunities as are or may hereafter be granted to the subjects or citizens of the nation the most favoured in these respects.
ARTICLE IV.
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Keeping these fundamental principles in view, the High Contracting Parties have agreed upon the following method of procedure.
The Chinese Government undertakes that all offices, stations and barriers of whatsoever kind for collecting lekin, duties, or such like dues on goods in transit, shall be permanently abolished on all roads, railways and water- ways in the nineteen Provinces of China and the three Eastern Provinces. This provision does not apply to the native Customs offices at present in existence on the seaboard, at open ports where there are offices of the Limperial Maritime Customs, and on the land frontiers of China embracing the nineteen Provinces and the three Eastern Provinces.
Wherever there are offices of the Imperial Maritime Customs, or wherever such may be hereafter placed, native Customs offices may also be established, as well as at any point either on the seaboard or land frontiers.
The Government of the United States agrees that foreign goods on importation, in addition to the effective five per centum im- port duty as provided for in the Protocol of 1901, shall pay a special surtax of one and one-half times the amount of the said duty to compensate for the abolition of lekin, of other transit dues besides lekin, and of all. other taxation on foreign goods, and in con- sideration of the other reforms provided for in this article.
The Chinese Government may recast the foreign export tariff with specific duties, as far as practicable, on a scale not exceeding five per centum ad valorem; but existing export duties shall not be raised until at least six months' notice has been given. In cases where existing export duties are above five per centum, they shall be reduced to not more than that rate. An additional special surtax of one-half the export duty payable for the time being, in lieu of internal taxa- tion of all kinds, may be levied at the place of original shipment or at the time of export un goods exported either to foreign countries or coastwise.
Foreign goods which bear a similarity to native goods shall be furnished by the Customs officers, if required by the owner, with a protective certificate for each package, on the payment of import duty and surtax, to prevent the risk of any dispute in the interior.
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Native goods brought by junks to open ports, it intended for local consumption. irrespective of the nationality of the owner of the goods, shall be reported at the native Customs offices only, to be dealt with accord- ing to the fiscal regulations of the Chinese Government.
The Chinese Government, recognising that the existing system of levying dues on goods in transit, and especially the system of taxa- tion known as lekin, itupedes the free circula- tion of commodities to the general injury of trade, hereby undertakes to abandon the levy of lekin and all othertransit dues through- Machine-made cotton yarn and cloth manu- out the empire and to abolish the offices, factured in China, whether by foreigners at stations and barriers maintained for their the open ports or by Chinese anywhere in collection and not to establish other offices for China, shall as regards taxation be on a foot- levying dues on goods in transit. It is clearly ing of perfect equality.
Such goods upon understood that, after the offices, stations and payment of the taxes thereon shall be grant barriers for taxing goods in transit have been ed a rebate of the import duty and of two- abolished, no attempt shall be made to re- thirds of the import surtax paid on the cotton establish them in any form or under any pre-used in their manufacture, if it has been im- text whatsoever.
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ported from abroad, and of all duties paid thereon if it be Chinese grown cotton. They shall also be free of export duty, coast-trade duty and export surtax. The same principle and procedure shall be applied to all other products of foreign type turned out by machinery in China.
The Government of the United States, in return, consents to allow a surtax, in excess of the tariff rates for the time being in force, to be imposed on foreign goods imported by citizens of the United States and on Chinese produce destined for export abroad or coast- | wise. It is clearly understood that in no case
A member or members of the Imperial shall the surtax on foreign imports exceed Maritime Customs foreign staff shall be select- one and one-half times the import dutyed by the Governors-General and Governors leviable in terms of the final Protocol signed of each of the various provinces of the Empire by China and the Powers on the seventh day for their respective provinces, and appointed of September, A.D. 1901; that the payment of in consultation with the Inspector-General the import duty and surtax shall secure for of Imperial Maritime Customs, for duty in foreign imports, whether in the hands of connection with native Customs affairs to Chinese or foreigners, in original packages or have a general supervision of their working. otherwise, complete immunity from all other Cases where illegal action is complained of taxation, examination or delay; that the by citizens of the United States shall be total amount of taxation, inclusive of the promptly investigated by an officer of the tariff export duty, leviable on native produce Chinese Government of sufficiently high for export abaoad shall, under no circum-rank; in conjunction with an officer of the stances, exceed seven and one-half per cent United States Government, and an officer of the Imperial Maritime Customs, each of Nothing in this article is intended to inter-sufficient standing; and, in the event of it being fere with the inherent right of China to levy such other taxes as are not in conflict with its provisions.
ad valorem.
found by the investigating officers that complaint is well founded and loss has b incurred, due compensation shall be