Papers Relating to the Foreign Relations of the United States, 1919, Volume I

Treaty Series No. 640

Convention between the United States of America and Uruguay, Signed at Washington, August 27, 1918⁴⁸

The United States of America and the Oriental Republic of Uruguay, being desirous to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of traveling salesmen have agreed to conclude a convention for that purpose and have to that end appointed as their plenipotentiaries:

• The President of the United States of America, Robert Lansing, Secretary of State of the United States; and
• The President of Uruguay, His Minister, Doctor Don Baltasar Brum, Secretary of State in the Department of Foreign Relations;

Who having communicated to each other their full powers which were found to be in due form have agreed upon the following articles:

Article I

Manufacturers, merchants, and traders domiciled within the jurisdiction of one of the high contracting parties may operate as commercial travelers either personally or by means of agents or employees within the jurisdiction of the other high contracting party on obtaining from the latter, upon payment of a single fee, a license which shall be valid throughout its entire territorial jurisdiction.

In case either of the high contracting parties shall be engaged in war, it reserves to itself the right to prevent from operating within its jurisdiction under the provisions of this Treaty, or otherwise, enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety.

Article II

In order to secure the license above mentioned the applicant must obtain from the country of domicile of the manufacturers, merchants and traders represented a certificate attesting his character as a commercial traveler. This certificate, which shall be issued by the authority to be designated in each country for the purpose, shall be viseed by the consul of the country in which the applicant proposes to operate and the authorities of the latter shall, upon the presentation of such certificate, issue to the applicant the national license as provided in Article I.

Article III

A commercial traveler may sell his samples without obtaining a special license as an importer.

Article IV

Samples without commercial value shall be admitted to entry free of duty.

Samples marked, stamped or defaced, in such manner that they can not be put to other uses, shall be considered as objects without commercial value.

Article V

Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not have been withdrawn from the country within a period of six (6) months.

Duties shall be paid on such portion of the samples as shall not have been so withdrawn.

Article VI

All customs formalities shall be simplified as much as possible with a view to avoid delay in the dispatch of samples.

Article VII

Peddlers and other salesmen who deal directly with the consumer but who have no established place of business in a given country shall not be considered as commercial travelers in that country but shall be subject to the license fees levied on business of the kind which they carry on.

Article VIII

No license shall be required of:

(a) Persons traveling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise.

(b) Persons operating through local agencies which pay the license fee or other imposts to which their business is subject.

(c) Travelers who are exclusively buyers.

Article IX

Any concession affecting any of the provisions of the present Treaty that may hereafter be granted by either high contracting party, either by law or by treaty or convention, shall immediately be extended to the other party.

Article X

This Convention shall be ratified; and the ratifications shall be exchanged at Montevideo within two years, or sooner if possible.

The present Convention shall remain in force until the end of six months after either of the high contracting parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time. And it is hereby agreed between the parties that, on the expiration of six months after such notice shall have been received by either of them from the other party as above mentioned, this Convention shall altogether cease and terminate.

In testimony whereof the respective plenipotentiaries have signed these articles and have thereunder affixed their seals.

Done in duplicate, at Washington, this twenty-seventh day of August, 1918.

Robert Lansing

[seal]

Baltasar Brum

[seal]

48. In English and Spanish; Spanish text not printed. Ratification advised by the Senate, Oct. 10, 1918; ratified by the President, Oct. 23, 1918; ratified by Uruguay, Jan. 27, 1919; ratifications exchanged at Montevideo, Aug. 2, 1919; proclaimed, Aug. 11, 1919.