File No. 731.51/53.
[Inclosure—Translation.]
Protocol concerning renewal of relations between
France and Venezuela.
The Government of the French Republic and the Government of the
United States of Venezuela, desiring to reestablish friendly
relations between the two countries and declaring that all motive
for rupture has disappeared, have named as their respective
plenipotentiaries, to wit:
* * * * * * *
who after the exchange of their respective full
powers found in good and true form have agreed to the following
articles:
I
Diplomatic relations between Venezuela and France shall be
reestablished from the time of the signing of the present Protocol
and the two Governments shall name their respective Ministers at
Paris and Caracas.
II
Within a period of three months from the exchange of ratifications of
the present Protocol, the French Government shall submit to the
Venezuelan Government the list of French claims against Venezuela
originated by acts prior to June 30, 1903.
Such of these claims which [sic], within a period of six months after
the receipt of said list, shall not have been settled by direct
agreement between the Venezuelan Government on one hand and the
French Government or the interested parties on the other hand, shall
be taken, within a maximum period of three months, at the suit of
the claimants, before the competent jurisdiction of Venezuela.
In order to avoid all subsequent dispute the two High Parties agree
that the French Government shall have the right, after previous
notice and reasons
[Page 538]
therefor to the Venezuelan Government, to submit to the Arbitral
Tribunal [Commission] indicated by Articles III and IV the claims
which may have been the subject of a Venezuelan sentence [sic]
against which it considers that it ought to raise objections founded
in law and equity.
III
In case of lack of a direct agreement no definite sentence or
decision shall have been rendered within a period of fifteen months
after proper judicial proceedings have been taken, and if such delay
be not attributable exclusively to the plaintiff, the Arbitral
Commission shall take cognizance of the claims which shall not have
been adjudged within said period.
IV
Within the three months following the total expiration of the periods
indicated in the preceding articles, each of the two Governments
shall designate an arbiter, if there be need therefor, and the two
arbiters thus named shall by common accord choose an umpire.
In case of disagreement, the designation of the umpire shall be
intrusted to a third power designated in common accord by the two
Governments. If such accord be not obtainable, each of the two
Governments shall designate a different power and the selection of
the umpire shall be made in concert by the powers thus
designated.
The French arbiter and the Venezuelan arbiter shall meet in Caracas
immediately after their designation and shall examine the claims in
the cases provided for in Articles II and III.
Such of these claims of which [sic] a friendly settlement can not be
made by the two arbiters within a period of twelve months from their
first meeting, shall be submitted by them to the umpire, who shall
decide without appeal.
V
The periods for the presentation of documents and supporting proofs
shall be fixed by the arbiters, who shall also establish the other
formalities of the proceeding [procedure].
VI
Each of the Governments shall pay the salary of its arbiter and the
expenses attending his mission; the two Governments shall pay each
one half the salary of the umpire and the general and common
expenses of the proceeding.
VII
The indemnities which shall be accorded to the claimants shall be
delivered to the French Government in French gold or in equivalent
money of Venezuela, within a period which shall in no case exceed
one year, counting from the last arrangement, sentence or
decision.
VIII
The Venezuelan Government confirms its preexisting obligations in
that which concerns the French Diplomatic Debt. It confirms likewise
the declaration annexed to the Protocol of February 19, 1902.
IX
The present Protocol shall be ratified by the competent powers and
the ratifications shall be exchanged at Caracas as soon as possible
and at latest by June 15, 1913.
X
The text of the present Protocol shall be drawn up in two copies, one
French-Spanish and the other Spanish-French, and in case of dispute
the French text shall be authoritative.
In faith whereof the respective plenipotentiaries have signed the
present Protocol in two copies, one Spanish-French, the other
French-Spanish, and have thereto affixed their seals at Caracas
February eleventh, nineteen hundred and thirteen.
[No signatures to this inclosure.]
