Directory_and_Chronicle_1924 — Page 162

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COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA

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 iu writing as the case- may require, on terms of equality and reciprocal respect. These officers shall be treated with proper 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 disrespect- fully 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.

On the arrival of a Consul properly 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, forth- with cause the due recognition of the said Consul and grant him authority to act.

Art. 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 trade and residence; 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.

Art. IV. The Chinese Government, recognising that the existing system of levying dues on goods in transit, and especially the system of taxation known as lekin, impedes the free circulation of commodities to the general injury of trade, hereby undertakes to abandon the levy of lekin 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 seventh 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 other- wise, 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 seven and one-half 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 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 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

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