40
(b.) Any such monopoly or preference as would deprive the nationals of any other Power of the right of undertaking any legitimate trade or industry in China, or of participating with the Chinese Government, or with any local authority, in any category or public enterprise, or which by reason of its scope, duration or geographical extent is calculated to frustrate the practical application of the principle of equal opportunity.
It is understood that the foregoing stipulations of this article are not to be so construed as to prohibit the acquisition of such properties or rights as may be necessary to the conduct of a particular commercial, industrial, or financial under- taking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing stipulations of this article in dealing with applications for economic rights and privileges from Governments and nationals of all foreign countries, whether parties to the present treaty or not.
ARTICLE 4.
The contracting Powers agree not to support any agreements by their respective nationals with each other designed to create spheres of influence or to provide for the enjoyment of mutually exclusive opportunities in designated parts of Chinese territory.
ARTICLE 5.
China agrees that, throughout the whole of the railways in China, she will not exercise or permit unfair discrimination of any kind. In particular there shall be no discrimination whatever, direct or indirect, in respect of charges or of facilities on the ground of the nationality of passengers or the countries from which or to which they are proceeding, or the origin or ownership of goods or the country from which or to which they are consigned, or the nationality or ownership of the ship or other means of conveying such passengers or goods before or after their trans- port on the Chinese railways.
The contracting Powers, other than China, assume a corresponding obligation in respect of any of the aforesaid railways over which they or their nationals are in a position to exercise any control in virtue of any concession, special agreement or otherwise.
ARTICLE 6.
The contracting Powers, other than China, agree fully to respect China's rights as a neutral in time of war to which China is not a party; and China declares that when she is a neutral she will observe the obligations of neutrality.
ARTICLE 7.
The contracting Powers agree that, whenever a situation arises which in the opinion of any one of them involves the application of the stipulations of the present treaty, and renders desirable discussion of such application, there shall be full and frank communication between the contracting Powers concerned.
ARTICLE 8.
Powers not signatory to the present treaty, which have Governments recognised by the signatory Powers and which have treaty relations with China, shall be invited to adhere to the present treaty. To this end the Government of the United States will make the necessary communications to non-signatory Powers and will inform the contracting Powers of the replies received. Adherence by any Power shall become effective on receipt of notice thereof by the Government of the United States.
ARTICLE 9.
The present treaty shall be ratified by the contracting Powers in accordance with their respective constitutional methods and shall take effect on the date of the deposit of all the ratifications, which shall take place at Washington as soon as possible. The Government of the United States will transmit to the other contracting Powers a certified copy of the procès-verbal of the deposit of the ratifications.
41
The present treaty, of which the French and English texts are both authentic, shall remain deposited in the archives of the Government of the United States, and duly certified copies thereof shall be transmitted by that Government to the other contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
treaty.
Done at the City of Washington the 6th day of February, 1922.
CHARLES EVANS HUGHES.
(L.S.)
HENRY CABOT LODGE.
(L.S.)
OSCAR W. UNDERWOOD.
(L.S.)
ELIHU ROOT.
(L.S.)
BARON DE CARTIER DE MARCHIENNE. (L.S.) ARTHUR JAMES BALFOUR.
(L.S.)
LEE OF FAREHAM.
(L.S.)
A. C. GEDDES.
(L.S.)
R. L. BORDEN.
(L.S.)
G. F. PEARCE.
(L.S.)
JOHN W. SALMOND.
(L.S.)
ARTHUR JAMES BALFOUR. V. S. SRINIVASA SASTRI. (L.S.) SAO-KE ALFRED SZE (LS) V. K. WELLINGTON KOO. (LS) CHUNG-HUI WANG.
(L.S.)
(L.S.)
(LS) CARLO SCHANZER. (L.S.) V. ROLANDI RICCI (LS) LUIGI ALBERTINI.
T. KATO.
(L.S.)
K. SHIDEHARA.
(L.S.)
M. HANIHARA.
(L.S.)
BEELAERTS VAN BLOKLAND.
(L.S.)
W. DE BEAUFORT.
(L.S.)
ALTE.
(L.S.)
ERNESTO DE VASCONCELLOS.
(L.S.)
(LS.) A. SARRAUT. (L.S.) JUSSERAND.
ANNEX (L).
Draft Rules for the Periodical Revision of the Chinese Import Tariff.
1. In accordance with article 4 of the Chinese Customs Tariff Treaty signed at Washington on the 6th February, 1922, there shall be a further revision of the Chinese Import Tariff, to take effect four years after the completion of the revision of 1922. To this end, the Chinese Government shall summon a Tariff Revision Commission, by notice given six months prior to the date on which the commission is to assemble, and the date of assembly shall be such as to permit the task of revision to be completed and a new schedule published on the 31st October, 1926, or thereabouts, so that, in accordance with rule 11, the revised tariff may take effect on or about the 1st January, 1927. Thereafter, revision shall be effected periodically, at intervals of seven years, by a Tariff Revision Commission, which shall be summoned by the Chinese Government, with the above-mentioned period of notice, in such manner that under observance of rule 11, revised tariffs shall take effect, as nearly as may be, at the beginning of the year 1934 and of every following seventh year.
2. The object of these periodical regulations is to readjust the customs duty paying values of articles subject to a specific duty in order to ensure that the specific duties shall correspond with the ad valorem rates fixed by the Special Conference. 3. The Tariff Revision Commission, which shall meet at Shanghai, shall be composed of representatives of the Chinese Government, together with represen- tatives of the signatory Powers to the Customs Tariff Treaty of Washington mentioned in rule 1, and of such other Powers as may desire to participate and
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