Directory_and_Chronicle_1918 — Page 165

TREATY BETWEEN RUSSIA AND CHINA

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Art. X. The right recognised by the Treaties of the Russian Government to nominate Consuls to Ili, to Tarbagatai, to Kashgar, and to Ourga is extended, from the present time, to the towns of Soutcheou (Tsia-yu-kwan) and of Turfan.__In the following towns: Kobdo, Uliassoutai, Khami, Urumtsi, and Goutchen, the Russian Government will establish consulates in proportion to the development of commerce, and after an understanding with the Chinese Government.

The Consul of Soutcheou (Tsia-yu-kwan) and of Turfan will exercise consular functions in the neighbouring districts, where the interests of Russian subjects demand their presence.

The dispositions contained in Articles V. and VI. of the Treaty concluded at Peking in 1860, and relative to the concession of land for the houses for the consulates, for cemeteries, and for pasturage, will apply equally to the towns of Soutcheou (Tsia-yu-kwan) and of Turfan. The local authorities will aid the Consul to find provisional habitations until the time when the houses of the consulates shall be built.

The Russian Consuls in Mongolia and in the districts situated on the two slopes of the Tien-shan will make use of, for their journeys and for their correspondence, the postal institutions of the Government, conformably to the stipulations of Article XI. of the Treaty of Tientsin and of Article XII. of the Treaty of Peking. The Chinese authorities, to whom they will address themselves for this purpose, will lend them aid and assistance.

The town of Turfan not being a locality open to foreign trade, the right of establishing a consulate will not be invoked as a precedent to obtain a right analogous to the ports of China for the provinces of the interior and for Manchuria.

Art. XI.-Russian Consuls will communicate, for affairs of service, either with the local authorities of the town of their residence, or with the superior authorities. of the circuit or of the province, according as the interests which are respectively confided to them, the importance of the affairs to be treated of, and their prompt expedition shall require. As to the rules of etiquette to be observed at the time of their interviews and, in general, in their relations, they will be based upon the respect which the functionaries of two friendly Powers reciprocally owe each other.

All the affairs which may arise on Chinese territory, on the subject of commer- cial or other transactions, between those under the jurisdiction of the two States, will be examined and regulated, by a comiron agreement, by the Consuls and the Chinese authorities.

In lawsuits on commercial matters, the two parties will terminate their difference amicably by means of arbitrators chosen by one side and the other. If agreement is not established in this way, the affair will be examined and regulated by the authorities of the two States.

Engagements contracted in writing, between Russian and Chinese subjects, relative to orders for merchandise, to the transport of it, to the location of shops, of houses, and of other places, or relating to other transactions of the same kind, may be presented for legalisation by the Consulates and by the superior local administrations, who are bound to legalize the documents which are presented to them. In case of non-execution of the engagements contracted, the Consul and the Chinese authorities will consult as to the measures necessary to secure the execution of these obligations.

Art. XII.-Russian subjects are authorized to carry on, as in the past, trade free of duties in Mongolia subject to China, as well as in places and aimaks where there is a Chinese administration, as in those where there is none.

Russian subjects will equally enjoy the right of carrying on trade free of duties in the towns and other localities of the provinces of Ili, of Tarbagatai, of Kashgar. of Urumtsi, and others situated on the slopes north and south of the chain of the Tien-shan as far as the Great Wall. This immunity will be abrogated when the development of the trade necessitates the establishment of a customs tariff conform- able to an understanding to be come to by the two Governments.

Russian subjects can import into the above-named provinces of China and export from them every description of produce, of whatever origin they may be..

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