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The Chinese Government accedes to the request of the German Consul that when goods are warehoused by German subjects and protected persons, and their application has been found by the Customs authorities to be bond fide, such goods shall be exempt from duty.
The Chinese Customs authorities shall, in concert with the Consuls of the Powers at each of the open ports, decide upon and issue the necessary regulations for bonded warehouses. These regulations shall include a scale of fees according to commodities, distance of warehouse from custom-house, and hours of working; but German subjects and protected persons shall be at liberty to avail themselves of the bonded warehouses built at any of the ports by the subjects of any other Power.
ARTICLE IV.---- Mines.
The Chinese Government, being desirous of encouraging mining and, with this object in view, wishing to attract foreign capital, shall within a year from the signing of this Treaty issue now Mining Rules founded on the laws relating to mining of Germany and other countries. These Regulations shall be framed so that, while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, they shall offer no impediment to the attraction of foreign capital or place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign Regulations. The Chinese Government shall permit German subjects and protected persons to mine anywhere within the Chinese dominions and to carry out all Becessary works in connection therewith.
The output of minerals shall not be made a basis for taxation, and beyond a tax on the mining rights and one on the area of the mine no other levy shall be imposed under any other name.
ARTICLE V.—Drawback Certificates.
Drawback certificates shall be issued to German subjects applying for them, if it shall appear that they are entitled to receive them, within twenty-one days of application. These certificates shall be valid tender, to the amount of their face value, in payment of all customs dues (tonnage dues excepted) or shall, in the case of draw- backs on foreign goods re-exported abroad within three years from the date of importation, he payable in cash, without deduction, by the customs bank at the place where the import duty was paid. But if the applicant for a drawback certificate be detected by the Customs in an attempt to defraud the revenue, he shall be liable to a fine not exceeding five times the amount of the duty, or to have his goods confiscated.
ARTICLE VI-Protection of Trade-marks.
Chinese trade-marks, having received a certificate from a German Consul in China to the effect that such trade-marks have been recognized in China as the property of the person making the application, shall receive in Germany exactly the same protection against infringement as German trade-marks. No such certificate need, however, be procured in the case of the names of Chinese individuals or firms.
German trade-marks, having received a certificate from a German Consul in China to the effect that such trade-marks have been registered in Germany, shall in China receive the protection of the Chinese Government. No such certificate need, however, be obtained in the case of the names of German individuals or firms, or their Chinese business names, and in case of fraudulent personation thereof the Chinese Government shall afford its protection,
When German goods are shipped to an open port in China and there receive the trade-mark of another firm for goods of the same class, such goods shali equally be entitled to protection.
All the above Regulations apply also to German protected persons.
China shall forthwith establish a Government Office for trade-marks and shall issue Regulations for their protection. China and Germany shall proceed to discuss methods for the mutual protection of trade-marks, and until these have been agreed upon the present Regulations shall be in force.
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ARTICLE VII--Chinese engaging in Foreign Enterprises.
(Same as British Treaty, Article IV.)
ARTICLE VIII.
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In the event of any other Power demanding on behalf of its subjects or shipping the opening of any port or other place, German subjects and protected persous and German shipping shall participate equally and in perpetuity in the privileges derived from the opening of the port,
ARTICLE IX.-Improvement of Waterways.
(Same as British Treaty, Article V, 2nd section, "The Chinese Government are aware," &c., to end.)
ARTICLE X-Inland Navigation.
Whereas in 1898 the inland waters of China were opened to all such steam vessels, native or foreign, as might be specially registered at the open ports, and whereas the Regulations of the 28th July, 1898, and the Supplementary Rules of September 1898 have for various reasons been found unworkable, the question of the navigation of inland waters shall again be discussed.
ARTICLE XI-Coinage.
(Same as British Treaty, Article III.)
ARTICLE XII.---Export of Rice.
(Same as British Treaty, Article XIV, with the addition that "the twenty-one days are to be counted from the date of the publication in Peking of the notification forbidding the export of rice.")
ARTICLE XIII.--Revision of Treaty.
Provisions of former Treaties between China and Germany, so far as they are not With a view to removing modified by the present Treaty, shall remain in full force. any kind of misconception it is now specially affirmed that the favoured-nation clause with reference to German subjects and protected persons in the Treaty of Commerce and Navigation between Germany and China of the 2nd September, 1861, is in no way altered and is to receive the widest application.
Ten years from the date of signing this Treaty either party shall have the right to demand its revision. The procedure shall be as follows: A year before the time for revising the Treaty the two Contracting Parties shall communicate their views to each other, and when after a thorough investigation both Parties are agreed as to the advisability of the proposed alteration, the revision shall take place. As soon as the revised Treaty comes into force the present one shall be void.
If, after the expiration of the first period of ten years, neither of the Contracting Parties demands its revision, this Treaty shall be effective for a further period of ten years, and so for every subsequent period of ten years.
This Treaty shall be written in German and Chinese, and in case of any discrepancy between the texts the German shall hold,