[Untitled]
Whereas Protocols have been signed between Venezuela on the one hand, and Great Britain, Germany, Italy, United States of America, France, Spain, Belgium, the Netherlands, Sweden and Norway, and Mexico, on the other hand, containing certain conditions agreed upon for the settlement of claims against the Venezuelan Government;
And whereas certain further questions arising out of the action taken by the Governments of Great Britain, Germany and Italy, in connection with the settlement of their claims, have not proved to be susceptible of settlement by ordinary diplomatic methods;
And whereas the Powers interested are resolved to determine these questions by reference to arbitration in accordance with the provisions of the Convention for the Pacific Settlement of International Disputes, signed at The Hague on the 29th July, 1899;
The Governments of Venezuela and Great Britain have, with a view to carry out that Resolution, authorized their Representatives, that is to say:—
For Venezuela, Mr. Herbert W. Bowen, duly authorized thereto by the Government of Venezuela, and for Great Britain His Excellency Sir Michael Henry Herbert G. C. M. G., C. B., His Britannic Majesty’s Ambassador Extraordinary and Plenipotentiary to the United States of America, to conclude the following Agreement.
Article I.
The question as to whether or not Great Britain, Germany and Italy are entitled to preferential or separate treatment in the payment of their claims against Venezuela shall be submitted for final decision to the Tribunal at The Hague.
Venezuela having agreed to set aside thirty per cent of the Customs Revenues of La Guaira and Puerto Cabello for the payment of the claims of all nations against Venezuela the Tribunal at the Hague shall decide how the said revenues shall be divided between the Blockading Powers on the one hand and the other Creditor Powers on the other hand, and its decision shall be final.
If preferential or separate treatment is not given to the Blockading Powers, the Tribunal shall decide how the said revenues shall be distributed among all the Creditor Powers, and the Parties hereto agree that the Tribunal in that case shall consider, in connection with the payment of the claims out of the 30 percent, any preference or pledges of revenue enjoyed by any of the Creditor Powers and shall accordingly decide the question of distribution so that no Power shall obtain preferential treatment, and its decision shall be final.
[Page 478]Article II
The facts on which shall depend the decision of the questions stated in Article I shall be ascertained in such manner as the Tribunal may determine.
Article III.
The Emperor of Russia shall be invited to name and appoint from the members of the Permanent Court of the Hague three arbitrators to constitute the Tribunal which is to determine and settle the questions submitted to it under and by virtue of this Agreement. None of the arbitrators so appointed shall be a citizen or subject of any of the Signatory or Creditor Powers.
This Tribunal shall meet on the first day of September, 1903, and shall render its decision within six months thereafter.
Article IV.
The proceedings shall be carried on in the English language, but arguments may, with the permission of the Tribunal, be made in any other language also.
Except as herein otherwise stipulated, the procedure shall be regulated by the Convention of the Hague of July 29, 1899.
Article V.
The Tribunal shall, subject to the general provisions laid down in Article 57 of the International Convention of July 29, 1899, also decide how, when and by whom the costs of this arbitration shall be paid.
Article VI.
Any nation having claims against Venezuela may join as a party in the arbitration provided for by this Agreement.
Done at Washington this seventh day of May, 1903.
| [seal.] | Herbert W. Bowen. |
| [seal.] | Michael H. Herbert |
The undersigned nations having claims against Venezuela hereby join with her as parties in the arbitration provided for in the foregoing protocol.
For the United States of America
John Hay
For the Republic of Mexico,
| [seal.] | M. de Azpiroz. |
For Sweden and Norway.
| [seal.] | May 27, 1903. | A. Grip. |
L’Ambassadeur de France, dûment autorisé et agissant au nom de son Gouvernement, adhère au Protocole ci-dessus, sous réserve qu’il est bien entendu que l’article IV du dit protocole ne fera pas obstacle à l’application de la disposition de l’article 38 de l’acte de [Page 479] La Haye, aux termes de laquelle c’est le tribunal arbitral qui décide du choix des langues dont il fera usage et dont l’emploi sera autorisé devant lui.
1 Juin 1903
| [seal.] | Jusserand |
Le Ministre de Belgique, dûment autorisé et agissant au nom de son gouvernement adhère au protocole ci-dessus.
12 Juin 1903
| [seal.] | Bn Moncheur. |
Le Ministre des Pays-Bas, dûment autorisé et agissant au nom de son Gouvernement adhère au protocole ci-dessus.
[seal.]