File No. 7804/31–33.

Ambassador O’Brien to the Secretary of State.

No. 31.]

Sir: I have the honor to transmit herewith two copies of the official text of the new treaty between Japan and the Colombian Republic, which was promulgated in the Official Gazette on the 12th instant.

The new agreement has been received with general satisfaction by the Japanese public, as is shown by the accompanying translations1 from the vernacular press, on the ground that it opens up a promising field for emigration and commercial enterprise. The belief is also expressed that while Japan’s present commercial relations may not call for any treaty with Colombia, the importance of such relations is bound to increase with the completion of the Panama Canal.

I have, etc.,

T. J. O’Brien.
[Page 508]
[Inclosure.]

Treaty of Amity, Commerce, and Navigation Between the Empire of Japan and the Colombian Republic.

His Majesty the Emperor of Japan and His Excellency the President of the Colombian Republic, being equally animated by a desire to establish upon a firm and lasting foundation relations of friendship and commerce between their respective States and subjects and citizens, have resolved to conclude a Treaty of Amity, Commerce and Navigation, and have for that purpose named their respective Plenipotentiaries, that is to say:

His Majesty the Emperor of Japan, Baron Takahira Kogoro, Shosammi, 1st Class Order of the Rising Sun, His Ambassador Extraordinary and Plenipotentiary near the Government of the United States of America; and

His Excellency the President of the Colombian Republic, Senor Don Enrique Cortes, Envoy Extraordinary and Minister Plenipotentiary of the Colombian Republic near the Government of the United States of America; who having communicated to each other their respective Full Powers, and found them in good and due form, have agreed upon the following Articles:

Article I.

There shall be firm and perpetual peace and amity between the Empire of Japan and the Colombian Republic, and their respective subjects and citizens.

Article II.

His Majesty the Emperor of Japan may, if he think proper, accredit a Diplomatic Agent to the Government of the Colombian Republic; and, in like manner, His Excellency the President of the Colombian Republic may, if he see fit, accredit a Diplomatic Agent to the Court of Tokio; and each of the High Contracting Parties shall have the right to appoint Consuls-General, Consuls, Vice-Consuls and Consular Agents, for the convenience of trade, to reside in all the ports and places within the territories of the other Contracting Party, where similar Consular officers of other nations are permitted to reside; but before any Consul General, Consul, Vice Consul, or Consular Agent shall act as such he shall, in the usual form, be approved and admitted by the Government to which he is sent.

The Diplomatic and Consular officers of each of the two High Contracting Parties shall, subject to the rule of reciprocity, enjoy in the territories of the other whatever rights, privileges, exemptions and immunities, are or shall be granted there to officers of corresponding rank of any European country or of the United States of America.

Article III.

There shall be between the Territories and Possessions of the two High Contracting Parties reciprocal freedom of commerce and navigation. The subjects and citizens, respectively, of each of the High Contracting Parties shall have the right to come freely and securely with their ships and cargoes to all places, ports, rivers and straits in the Territories and Possessions of the other, where subjects or citizens of other nations are permitted so to come; they may remain and reside at all the places or ports where subjects or citizens of other nations are permitted to remain and reside, and they may there hire and occupy houses and warehouses, and may there trade by wholesale or retail in all kinds of products, manufactures and merchandise of lawful commerce.

Article IV.

The two High Contracting Parties hereby agree that any favor, privilege or immunity whatever in matters relating to commerce, navigation, trade, occupation, travel through or residence in their Territories or Possessions which either Contracting Party has actually granted, or may hereafter grant to the subjects or citizens of any European country or of the United States of America exclusive of colonial subjects or citizens, shall be extended to the subjects or citizens of the other Contracting Party, gratuitously, if the concession in-favor of that European Country or the United States of America shall have been gratuitous, and on the same, or equivalent condition, if the concession shall have been conditional.

[Page 509]

Article V.

No other or higher duties shall be imposed on the importation into Japan of any article, the growth, produce or manufacture of the Colombian Republic, and no other or higher duties shall be imposed on the importation into the Colombian Republic of any article, the growth, produce or manufacture of Japan, whether such importation be for the purpose of consumption, warehousing, reexportation or transit, than are or shall be payable on the importation for the same purpose of the like article being the growth, produce or manufacture of any European country or of the United States of America.

Nor shall any other or higher duties or charges be imposed in the Territories or Possessions of either of the two High Contracting Parties on the exportation of any article to the Territories or Possessions of the other than such as are or may be payable on the exportation of the like article to any European country or the United States of America. No prohibition shall be imposed on the importation or transit of any article, the growth, produce or manufacture of the Territories of either of the High Contracting Parties into or through Territories or Possessions of the other, which shall not equally extend to the like article being the growth, produce or manufacture of any European country of or the United States of America. Nor shall any prohibition be imposed on the exportation of any article from the Territories or Possessions of either of the High Contracting Parties to the Territories or Possessions of the other, which shall not equally extend to the exportation of the like article to the territories of all European countries and the United States of America.

Article VI.

In all that relates to transit, warehousing, bounties, facilities, drawbacks, reexports, and transit duties, the subjects, citizens, merchandise and shipping of each of the High Contracting Parties, shall, in the Territories and Possessions of the other, be placed in ail respects upon the same footing as the subjects, citizens, merchandise and shipping of European countries and the United States of America.

Article VII.

No other or higher duties or charges on account of tonnage, light or harbor dues, pilotage, quarantine, salvage in case of damage, or any other similar or corresponding duties or charges of whatever nature or under whatever denominations levied in the name or for the profit of Government, public functionaries, private individuals, corporations or establishments, shall be imposed in any of the ports, rivers or straits of Japan on vessels of the Colombian Republic, or in any of the ports, rivers or straits of the Colombian Republic on vessels of Japan, that are or may hereafter be payable in like cases in the same ports, rivers and straits on vessels of European countries or the United States of America.

Article VIII.

The coasting trade of both the High Contracting Parties is excepted from the provisions of the present Treaty, and shall be regulated according to the laws of Japan and the Colombian Republic respectively.

Article IX.

All vessels which, according to Japanese laws and ordinances, are to be deemed Japanese vessels, and all vessels which, according to Colombian laws and regulations, are to be deemed Colombian vessels, shall, for the purposes of this Treaty, be deemed Japanese and Colombian vessels, respectively.

Article X.

The subjects and citizens of each of the High Contracting Parties shall, in the Territories and Possessions of the other, reciprocally receive and enjoy the same full and perfect protection for their persons and property that is granted to native subjects or citizens, and they shall have free and open access to the Courts of Justice in said countries, respectively, for the prosecution and defense [Page 510] of their just rights; and they shall, equally with native subjects or citizens, be at liberty to employ advocates attorneys or agents to represent them before such Courts of Justice.

They shall also enjoy entire liberty of conscience, and subject to the laws for the time being in force, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen according to their religious customs in such suitable and convenient places as may be established and maintained for the purpose subject to the regulations in force.

Article XI.

In regard to billeting; forced or compulsory military service, whether by land or sea; contributions of war; military exactions or forced loans, the subjects and citizens of each of the two High Contracting Parties, shall, in the Territories and Possessions of the other, enjoy the same privileges, immunities, and exemptions as may now or may hereafter be granted to subjects or citizens of European countries or of the United States of America.

Article XII.

The present Treaty shall go into operation immediately after the exchange of ratifications, and shall continue in force until the expiration of six (6) months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same, and no longer.

Article XIII.

The present Treaty shall be signed in duplicate in the Japanese, Spanish and English languages and in case there should be found any discrepancy between the Japanese and Spanish texts, it will be decided in conformity with the English text, which is binding upon both Governments.

Article XIV.

The present Treaty shall be ratified by the two High Contracting Parties and the ratifications shall be exchanged at Washington as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed this Treaty and hereunto affixed their respective seals.


K. Takahira
[l. s.]
Enrique Cortes.
[l. s.]
  1. Not printed.