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The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the commercial relations between them and otherwise to promote the interests of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the Final Protocol signed at Peking on the 7th day of September, A.D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the Treaties of Commerce and Navigation and other subjects concerning commercial relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries:
The United States of America: Edwin H. Conger, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to China; John Goodnow, Consul-General of the United States of America at Shanghai; John F. Seaman, a citizen of the United States of America, resident at Shanghai;
And His Majesty the Emperor of China: Lü-Hai-huan, President of the Board of Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent, Formerly Senior Vice-President of the Board of Public Works;
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 formerly concluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations with the object of facilitating them:
ARTICLE I.
In accordance with international usage, 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, 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 towards him shall be that observed towards the Representatives of nations on a footing of equality, with no loss of prestige on the part of either.
The Diplomatic Representatives of the United States shall enjoy all the prerogatives, privileges, and immunities accorded by international usage to such Representatives, and shall in all respects be entitled to the treatment 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 officers of other nations, the United States may 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 intercourse and correspondence with the local officers of the Chinese Government within their Consular districts, either personally or in writing as the case may require, on terms of equality and reciprocal respect. These officers shall be treated with due respect by all Chinese authorities, and they shall enjoy all the attributes, privileges, and immunities, and exercise all the jurisdiction over their nationals which are or may hereafter be extended to similar officers of the nation the most favoured in these respects. If the officers of either Government are disrespectfully treated or aggrieved in any way by the authorities of the other, they shall have the right to make representation of the same to the superior officers of their own Government, who shall see that full inquiry and strict justice be had in the premises. And the said Consular officers of either nation shall carefully avoid all acts of offence to the officers and people of the other nation.
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On the arrival of a Consul duly accredited at any place in China opened to foreign trade it shall be the duty of the Minister of the United States to inform the Board of Foreign Affairs, which shall, in accordance with international usage, forthwith cause the proper recognition of the said Consul and grant him authority to act.
ARTICLE III.
Citizens of the United States may frequent, reside, and carry on trade, industries, and manufactures, or pursue any lawful avocation, in all the ports or localities of China which are now open or may hereafter be opened to foreign residence and trade; and, within the suitable localities at those places which have been or may be set apart for the use and occupation of foreigners, they may rent or purchase houses, places of business, and other buildings, and rent or lease in perpetuity land and build thereon. They shall generally enjoy 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.
The Chinese Government, recognizing that the existing system of levying dues on goods in transit, and especially the system of taxation known as li-kin, impedes the free circulation of commodities to the general injury of trade, hereby undertakes to abandon the levy of li-kin and all other transit dues throughout the Empire and to abolish the offices, stations, and barriers maintained for their collection and not to establish other offices for levying dues on goods in transit. It is clearly understood that, after the offices, stations, and barriers for taxing goods in transit have been abolished, no attempt shall be made to re-establish them in any form or under any pretext whatsoever.
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 coastwise. It is clearly understood that in no case shall the surtax on foreign imports exceed one and one-half times the import duty leviable in terms of the Final Protocol signed by China and the Powers on the 7th day of September, A.D. 1901; that the payment of the import duty and surtax shall secure for foreign imports, whether in the hands of Chinese or foreigners, in original packages or otherwise, complete immunity from all other taxation, examination or delay; that the total amount of taxation, inclusive of the Tariff export duty, leviable on native produce for export abroad shall, under no circumstances, exceed 7.5 per cent. ad valorem.
Nothing in this Article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisions.
Keeping these fundamental principles in view, the High Contracting Parties have agreed upon the following method of procedure:
The Chinese Government undertake that all offices, stations, and barriers of whatsoever kind for collecting li-kin duties, or such like dues on goods in transit, shall be permanently abolished on all roads, railways, and waterways 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 Imperial 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 hereafter be placed, Native Customs offices may also be established, as well as at any point on the seaboard or land frontiers.
The Government of the United States agrees that foreign goods on importation, in addition to the effective 5 per cent. import 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 li-kin, of other transit dues besides li-kin, and of all other taxation on foreign goods, and in consideration 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 5 per cent. ad valorem; but existing export duties shall not be raised until at least six months' notice has been given. In cases where...
32
2
The United States of America and His Majesty the Emperor of China, being animated by an earnest desire to extend further the commercial relations between them and otherwise to promote the interests of the peoples of the two countries, in view of the provisions of the first paragraph of Article XI of the Final Protocol signed at Peking on the 7th day of September, A.D. 1901, whereby the Chinese Government agreed to negotiate the amendments deemed necessary by the foreign Governments to the Treaties of Commerce and Navigation and other subjects concerning commercial relations, with the object of facilitating them, have for that purpose named as their Plenipotentiaries:
The United States of America: Edwin H. Couger, Envoy Extraordinary and Minister Plentipotentiary of the United States of America to China; John Goodnow, Consul- General of the United States of America at Shanghae; John F. Seaman, a citizen of the United States of America, resident at Shanghae ;
-
Aud His Majesty the Emperor of China: Lü-Hai-huan, President of the Board of Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent. Formerly Senior Vice-President of the Board of Public Works;
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 formerly concluded between the two countries, and upon the subjects hereinafter expressed connected with commercial relations with the object of facilitating them :--
ARTICLE I.
In accordance with international usage, 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, 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 towards him shall be that observed towards the Representatives of nations on a footing of equality, with no loss of prestige on the part of either.
The Diplomatic Representatives of the United States shall enjoy all the prerogatives, privileges, and immunities accorded by international usage to such Representatives, and shall in all respects be entitled to the treatment 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 officers of other nations, the United States may 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 intercourse and correspondence with the local officers of the Chinese Government within their Consular districts, either personally or in writing as the case may require, on terms of equality and reciprocal respect. These officers shall be treated with due respect by all Chinese authorities, and they shall enjoy all the attributes, privileges, and immunities, and exercise all the jurisdiction over their nationals which are or may hereafter be extended to similar officers of the nation the most favoured in these respects. If the officers of either Government are disrespectfully treated or aggrieved in any way by the authorities of the other, they shall have the right to make representation of the same to the superior officers of their own Government, who shall see that full inquiry and strict justice be had in the premises. And the said Consular officers of either nation shall carefully avoid all acts of offence to the officers and people of the other nation.
3
On the arrival of a Consul duly accredited at any place in China opened to foreign trade it shall be the duty of the Minister of the United States to inform the Board of Foreign Affairs, which shall, in accordance with international usage, forthwith cause the proper recognition of the said Consul and grant him authority to act.
ARTICLE III.
Citizens of the United States may frequent, reside, and carry on trade, industries, and manufactures, or pursue any lawful avocation, in all the ports or localities of China which are now open or may hereafter be opened to foreign residence and trade; and, within the suitable localities at those places which have been or may be set apart for the use and occupation of foreigners, they may rent or purchase houses, places of business, and other buildings, and rent or lease in perpetuity land and build thereon. They shall generally enjoy 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 lavoured in these respects.
ARTICLE IV.
The Chinese Government, recognizing that the existing system of levying dues on goods in transit, and especially the system of taxation known as li-kin, impedes the free circulation of commodities to the general injury of trade, hereby undertakes to abandon the levy of li-kin and all other transit dues throughout the Empire and to abolish the offices, stations, and barriers maintained for their collection and not to establish other offices for levying dues on goods in transit. It is clearly understood that, after the offices, stations, and barriers for taxing goods in transit have been abolished, no attempt shall be made to re-establish them in any form or under any pretext whatsoever.
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 coastwise. It is clearly understood that in no case shall the surtax on foreign imports exceed one and one-half times the import duty leviable in terms of the Final Protocol sigued by China and the Powers on the 7th day of September, A.D. 1901; that the pay- ment of the import duty and surtax shall secure for foreign imports, whether in the hands of Chinese or foreigners, in original packages or otherwise, complete immunity from all other taxation, examination or delay; that the total amount of taxation, inclusive of the Tariff export duty, leviable on native produce for export abroad shall, under no circumstances, exceed 74 per cent. ad valorem.
Nothing in this Article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisions.
Keeping these fundamental principles in view, the High Contracting Parties have agreed upon the following method of procedure:
The Chinese Government undertake that all offices, stations, and barriers of what- soever kind for collecting li-kin duties, or such like dues on goods in transit, shall be permanently abolished on all roads, railways, and waterways 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 Imperial 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 tay be hereafter placed, Native Customs offices may also be established, as well as at any point on the seaboard or land frontiers.
The Government of the United States agrees that foreign goods on importation, in addition to the effective 5 per cent, import 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 li-kin, of other transit dues besides li-kin, and of all other taxation on foreign goods, and in consideration 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 5 per cent. ad valorem; but existing export duties shall not be raised until at least six months' notice has been given. In cases where
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