711.60 h 2/1

The Secretary of State to the Minister in the Kingdom of the Serbs, Croats and Slovenes (Prince)

No. 64

Sir: By your telegram No. 27 of September 1, 1926, noon, replying to the Department’s telegram No. 16 of August 7, 1926, 3 p.m., you reported that the Government of the Serbs, Croats and Slovenes accepted the proposal of this Government to enter into the negotiation of a Treaty of Friendship, Commerce and Consular Rights, and inquired at the same time whether this Government would agree to negotiate conventions covering legal rights, judgments, nationality, extradition and American inheritance rights.

There is enclosed herewith a draft of a treaty of friendship, commerce and consular rights for submission to the Government of the Serbs, Croats and Slovenes through your Legation. An additional copy is also enclosed for your Legation.

The following statement is designed to make clear the position of this Government concerning the general features of the treaty, and respecting the various provisions thereof.

The Treaty is designed to promote friendly intercourse between the peoples of the United States and the Kingdom of the Serbs, Croats and Slovenes, through provisions advantageous to both. It may be said with entire candor that this treaty embodies no attempt whatever to attain by sharp bargaining undue advantages over a friendly State. The draft contains in certain articles provisions which in their practical operation ought to be deemed of special advantage to a foreign contracting party such as the Kingdom of the Serbs, Croats and Slovenes. These advantages are incorporated in the treaty because they are deemed to promote justice as between the peoples of friendly States. In a word, through the present draft, it is sought to lay the foundation for a comprehensive arrangement responsive to the modern and exacting requirements of maritime States. To that end, the several articles are expressed in terms which definitely and clearly set forth what is desired. It is sought by this means to avoid the danger of conflicting interpretations. The terms and phrases used are not always those which have been employed [Page 830]in treaties of the United States. Those utilized will, it is hoped, add to the clearness of the document.

The first six articles deal generally with the rights of the nationals of the one party residing in the territories of the other. The attempt is made to give the subjects of the Kingdom of the Serbs, Croats and Slovenes in the United States or the American in the Kingdom of the Serbs, Croats and Slovenes all of those privileges which can reasonably be accorded the resident alien.

Article I provides for the rights of travel and residence and of commercial, professional and religious activity and for the protection of the persons and property.

In phraseology and scope, the first paragraph of Article I differs somewhat from the corresponding provisions as contained in treaties of the United States concluded before the Treaty of 1923 with Germany. The effort has been made to set forth comprehensively, yet tersely, the privileges for which provision is made. It will be noted that the most favored nation treatment provided in this paragraph refers to acts “hereafter” according privileges to other States. The second paragraph contains a guarantee of most favored nation treatment in respect of copyright.

In the next to the last paragraph of Article I unusual steps are taken to provide for the protection and security of the person and property of the resident alien, in accordance with the requirements of international law. It is believed that it may prove highly useful to acknowledge that the test of the propriety of the treatment due the resident alien is that accorded by International law, rather than by the standards fixed by the State of residence in dealing with its own nationals. The provision for the international law test has been inserted in the standard treaty to operate as a safeguard in those countries whose treatment of their own nationals is arbitrary and unjust. This paragraph also provides that the property of the resident alien is not to be taken without due process of law and without payment of just compensation. It is hoped that these provisions will be warmly appreciated by the Government of the Serbs, Croats and Slovenes.

In the last paragraph of Article I is embodied a reservation made by the Senate of the United States as a condition of giving its advice and consent to the ratification of the Treaty of Friendship, Commerce and Consular Rights signed by the United States and Germany on December 8, 1923. From the point of view of this Government such a provision is necessary.

Article II extends to non-resident aliens the same rights of recovery under Workmen’s Compensation Acts and other like statutes that are enjoyed by nationals. This Article, suggested by the treaty of February [Page 831]25, 1913, between the United States and Italy,5 somewhat elaborates the provisions of Article I of that treaty. The purpose of the elaboration has been twofold—first, to cover so-called Workmen’s Compensation Acts, where benefits accrue by reason of the fact of injury, rather than by reason of negligence attributable to an employer; secondly, to give the non-resident the same benefit of privileges under such Acts as are enjoyed by nationals.

Article III precludes the visit and search of the dwellings, factories, etc. of the non-resident alien except as prescribed by the law for nationals. This is not an uncommon provision. It is contained in substance in Article II of the treaty of February 21, 1911, between the United States and Japan.6

Article IV makes provision for the disposition of property by inheritance or devise. The arrangement in the first paragraph enables, for example, an heir or devisee in the Kingdom of the Serbs, Croats and Slovenes to take title to American lands owned by a relative who died in the United States, and to have the privilege of disposing of those lands within a reasonable period of time when the local law (as of some State of the United States) does not permit such alien to retain title. This paragraph reproduces Article I of the Convention of March 2, 1899 of the United States with Great Britain.7 The second paragraph of Article IV grants full rights in respect of the ownership and transmission of personal property. The provisions of the Article conform to the traditional policy of the United States, as shown by Article V of the Treaty of 1850 between the United States and the Swiss Confederation,8 and Article III of the Treaty of Friendship and General Relations, concluded by the United States and Spain on July 3, 1902.9

Article V guarantees the right of freedom of worship. It enlarges slightly the not uncommon provisions relative to religious practices. It is reasonable in its scope and desired by the United States. Obviously, no practices contrary to public morals are to be permitted under the guise of religious activity. It has seemed wise to recognize the importance of local mortuary and sanitary regulations.

Article VI imposes compulsory military service, in certain contingencies, upon a resident alien in the event of war. This is an important belligerent right which you should endeavor to incorporate in the treaty. The result of the late war revealed the fact that should the United States be a belligerent in a conflict where it had but a single enemy, the neutral alien residents within its territory would [Page 832]probably embrace a large adult male population capable of military service and reasonably subject thereto under the conditions here proposed. As the right to exact military service in this Article is conditioned upon three things (1) the permanent residence of the individual within the territory of the State drafting him; (2) his having formally declared an intention to acquire its nationality; and (3) his not having departed from the territory of the belligerent party within a specified time after declaration of war, it is believed that the necessary safeguards are established. Even though the Government of the Serbs, Croats and Slovenes should desire complete exemption, as was provided in certain earlier treaties of the United States, and should object to the Article here proposed, earnest effort should be made to procure acceptance of this Article.

Article VII makes full provision for the enjoyment of the most-favored-nation clause in its unconditional form, applying it to persons, vessels and cargoes, and to articles, the growth, produce or manufacture of the contracting parties. It will be seen that the most-favored-nation clause is applied to duties on imports and exports and to other charges or restrictions or prohibitions on goods imported and exported.

The following provisions in Article VII of the enclosed draft are not contained in the treaties of Friendship, Commerce and Consular Rights of the United States with Germany, Estonia and Hungary:10 (1) the provisions made for the protection of indirect trade by the words “from whatever place arriving” in the second paragraph and by the sentence “In the application of the provisions of this paragraph no distinction shall be made between direct and indirect shipments” in the fourth paragraph, (2) the provisions in the fourth paragraph in regard to licenses for importations and exportations and for equitable treatment in respect of rations or quotas of restricted goods, and (3) the words “by treaty, law, decree, regulation, practice or otherwise” in the fifth paragraph. In the view of this Government the provisions of Article VII of the treaties of the United States with Germany, Hungary, and Estonia, when correctly construed embrace the subjects to which these additional provisions relate. The changes introduced into the Article are designed, therefore, to clarify not alter the provisions as contained in the treaties already concluded by the United States. The following observations in regard to the new provisions may be helpful to you:

(1)
This Government has experienced difficulty in obtaining complete most favored nation treatment for American products in certain countries in which importations of such products are drawn largely from warehouses in third States. The present draft is designed to [Page 833]clarify the situation by expressly excluding any distinction between the treatment accorded such shipments and that accorded direct shipments.
(2)
Experience has shown that American commerce has been discriminated against in certain countries under systems of licenses, or of rations or quotas regulating the importation and exportation of merchandise. The fourth paragraph of Article VII is designed to make clear that equitable treatment is to be accorded under such systems. Provisions similar to those in the first part of the paragraph are contained in the International Convention for the Simplification of Customs Formalities, signed at Geneva November 3, 1923,11 and provisions similar to those in the second part of the paragraph are contained in the second paragraph of exchanges of notes between the United States and several countries (Poland, February 10, 1925, Treaty Series No. 727; Finland, May 2, 1925, Treaty Series No. 715; Estonia, March 2, 1925, Treaty Series No. 722; Rumania, February 26, 1926, Treaty Series No. 733; Latvia, February 1, 1926, Treaty Series No. 740; Lithuania, December 23, 1925, Treaty Series No. 742; Haiti, July 8, 1926, Treaty Series No. 746).12
(3)
The additional phrase “by treaty, law, decree, regulation, practice or otherwise” inserted in the fifth paragraph is not intended to vary the meaning of the paragraph which is contained as paragraph four of Article VII in the treaties between the United States and Germany, Estonia and Hungary. It has been deemed wise, however, to clarify the meaning of the paragraph by the addition of this phrase.

The revised draft of Article VII as contained in the enclosed draft will be regarded as the standard form for use in treaties of friendship, commerce and consular rights which the United States may undertake henceforth to negotiate. Consequently, the Government of the Serbs, Croats and Slovenes need not feel that it will be discriminated against in accepting the provisions to which attention is herein called although they are not contained in the treaties of Friendship, Commerce and Consular Rights of the United States now in effect.

In the last paragraph there is an important reservation with respect to the commerce between the United States and Cuba, and to the commerce of the United States with its dependencies, embracing the Panama Canal Zone, under existing or future laws. These reservations are essential. You will recall that the arrangements between the United States and Cuba under the treaty of December 11, 1902,13 [Page 834]are of a peculiar nature. The special relationship political and geographical between the United States and Cuba necessitates the reservation concerning the commerce with that country. The last sentence of paragraph one is of great importance, on account of the reservations set forth therein.

Article VIII relates to internal taxes, transit dues, charges in respect of warehousing and other facilities, drawbacks, and bounties. It requires no explanation.

Article IX concerning duties of tonnage, harbor, pilotage, lighthouse, quarantine, etc., provides for national treatment applied reciprocally, that is, the same conditions are to be applied to a vessel of the Kingdom of the Serbs, Croats and Slovenes in American ports as are applied to American vessels, provided the Kingdom applies to American vessels in its ports the same conditions that are applied to vessels of the Serbs, Croats and Slovenes therein.

Article X requires no comment, except to note that the recognition of the national character of vessels here provided for is to be effective on the high seas as well as within territorial waters.

The provisions of Article XI will explain themselves. You will, of course, observe that there is definite statement to the effect that the coasting trade of both parties is exempt from the provisions of the Treaty. The addition of the last sentence is due to the possibility that one contracting party might yield coasting trade privileges of some character to foreign vessels. Hence that contingency is covered.

Your attention is particularly called to the provision contained in the third paragraph of Article XXX, under which the sixth and seventh paragraphs of Article VII and Articles IX and XI are made terminable on ninety days notice at the end of twelve months from the date of exchange of ratifications of the Treaty and thereafter by operation of legislation inconsistent with them which may be enacted by the United States or the Kingdom of the Serbs, Croats and Slovenes. The provision in regard to the termination of these paragraphs and articles is the consequence of a reservation in regard to like paragraphs and articles, made by the Senate of the United States in giving its advice and consent to the ratification of the Treaty of Friendship, Commerce and Consular Rights, signed by the United States and Germany on December 8, 1923. From the point of view of this Government the provision is essential.

Article XII concerns the right of corporations incorporated in the one country to be recognized in the other, and to enjoy access to the courts. It should be observed, however, that the right to do business in the foreign country (for example, of an American corporation in the Kingdom of the Serbs, Croats and Slovenes) is conditioned upon the laws of that country. These limitations are deemed absolutely essential particularly because of the powers of the several [Page 835]States of the United States to regulate the matter. Like provisions are contained in Article VII of the Treaty between the United States and Japan of February 21, 1911, as well as in the Treaty of 1923 between the United States and Germany, and the treaties recently concluded by the United States with Hungary, Estonia and Salvador.14

In Article XIII arrangement is made for the participation by nationals of the one State in corporations incorporated in the other. The laws of the United States render it imperative that these rights be based on a reciprocal footing, and that the most-favored-nation treatment in this connection be conditioned upon reciprocity. The last paragraph of Article XIII offers a reciprocal basis in harmony with the statutory law of the United States for agreement within necessarily narrow limits respecting privileges of mining and minerals described. The Act of February 25, 1920,15 to promote the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain, contains in Section 1 the following proviso:

“That citizens of another country, the laws, customs, or regulations of which, deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this Act.”

Article XIV duplicates the recent Convention concerning commercial travelers between the United States and Peru, signed at Lima, January 19, 1923,16 and Article XV embodies a protocol explanatory of that Convention. The provisions of these two Articles are believed to offer great advantages to merchants domiciled in the United States or in the Kingdom of the Serbs, Croats and Slovenes. It may be added that agreements substantially like that set forth in Articles XIV and XV are incorporated in the treaties of Friendship, Commerce and Consular Eights recently concluded by the United States with Germany and Hungary. The provisions of Article XIV are contained in conventions to facilitate the work of traveling salesmen concluded by the United States with eight Latin American countries. These are the fruit of the labors of the Inter-American High Commission.

You may call the attention of the Government of the Serbs, Croats, and Slovenes to Article XIV of the Treaty of Friendship, Commerce and Consular Eights between the United States and Estonia signed December 23, 1925, which contains a most favored nation clause in regard to the treatment of commercial travelers, and to paragraph [Page 836]two of the protocol to that Treaty relating to certificates of identification of such travelers (Treaty Series No. 736). If the Government of the Serbs, Croats and Slovenes should desire the substitution of a most favored nation clause for the detailed provisions of Articles XIV and XV of the accompanying draft, this Government would be willing to give consideration to agreeing thereto. Before this Government would make a decision on the point it would be necessary for it to be informed as to the treatment to which American merchants and commercial travelers in the Kingdom would be entitled under such a provision. The Department would desire to have a report in regard to the requirements of the laws of the Kingdom relating to commercial travelers and the provisions concerning them in treaties to which the Kingdom is a party. Should an agreement be reached to insert a most favored nation provision in the Treaty with the Kingdom similar to Article XIV of the treaty between the United States and Estonia, this Government would desire that the Article in the Treaty cover the subjects treated in paragraph two of the protocol of the Treaty with Estonia as well as those in Article XIV of that treaty. As drafted for negotiation in treaties with other countries the Article reads:

Article

“Commercial travelers representing manufacturers, merchants and traders domiciled in the territories of either High Contracting Party shall on their entry into and sojourn in the territories of the other Party and on their departure therefrom be accorded the most favored nation treatment in respect of customs and other privileges and of all charges and taxes of whatever denomination applicable to them or to their samples.

“If either High Contracting Party require the presentation of an authentic document establishing the identity and authority of a commercial traveler, a signed statement by the concern or concerns represented, certified by a consular officer of the country of destination shall be accepted as satisfactory.”

Article XVI deals with transit through the territories of the United States and the Kingdom of the Serbs, Croats and Slovenes and also territorial waters with certain reservations as to the latter embracing international boundary waters of both countries, and the Panama Canal. This Article contains limitations with respect to prohibited persons and articles. The conditions applied to transit are reasonable and necessary. The reservation of boundary waters of the United States is important. It is not recalled that rights of navigation or transit therein have ever been accorded to foreign states not sovereign over contiguous territory.

Articles 321–326 of the Treaty of Versailles17 (embraced in the [Page 837]treaty of the United States with Germany of August 25, 192118) make elaborate provision for transit across German territory. The Barcelona Conference, assembled under the auspices of the League of Nations, was productive of a draft convention and statute on the freedom of transit in April, 1921.19

It will be recalled that by Article 29 of the Treaty between the United States and Great Britain of May 8, 1871,20 provision was made for the transit in bond of merchandise across certain portions of the United States and Canada under conditions specifying ports of entry, and otherwise defining limitations. This article is no longer in force.

The rights of transit through the Panama Canal are definitely established by the Convention between the United States and Great Britain of November 18, 1901, known as the Hay-Pauncefote Treaty.21 In Article III thereof it is provided that:

“The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable.”

Thus it will be understood that Article XVI of the draft is not designed to impose any special restriction with respect to the Panama Canal which would operate against the Kingdom of the Serbs, Croats and Slovenes. The Article rather reserves from its operation the matter of transit through that Canal.

There may be some room for the practical operation of this Article as between the United States and the Kingdom of the Serbs, Croats and Slovenes; and its incorporation in the treaty is deemed useful, also on account of prospective treaty negotiations between the United States and other Powers.

Articles XVII–XXVIII concern consular rights. These cover fully consular provisions of the most modern type which ought to be of great benefit to consular officers of both countries.

Attention is called to the last sentence of the second paragraph of Article XVII providing that consular officers shall be entitled to the high consideration of officials with whom they come in contact. This is designed to give prestige to consular officers and particularly to safeguard them from discourtesy which they might otherwise encounter on the part of minor officials. The last paragraph of Article XVII provides that a regular commission be signed [Page 838]by “the chief Executive of the appointing State and under its great seal”. It may be that the Government of the Serbs, Croats and Slovenes on account of local regulations will regard it necessary to suggest a modification of this clause.

The matter of the arrest of consular officers and their criminal prosecution, as well as their service as witnesses in criminal cases, is covered fully in Article XVIII; likewise, the matter of their exemption from arrest. Exemption from arrest in criminal cases should be limited by the broad exception here stated. The same Article deals with the jurisdiction of courts over consuls in civil matters. While consular officers are normally subject to the local jurisdiction in civil cases, it is important to provide that the exercise of such jurisdiction shall not interfere with their official duties. The several provisions of the Article, including those in regard to the taking of testimony and the exemption from billeting, and from military and other services, are believed to be responsive to the modern situation and wholly desirable.

The taxation of consular officers is fully dealt with in Article XIX. It will be noted that there is an exemption from taxation on salaries of consular officers, and from taxation of the person or property of the consuls but that immovable property owned by them and income derived from sources within the country of official residence are excepted from this last exemption. An important exemption is established in the same Article with respect to lands and buildings used for governmental purposes and under necessary reservations.

Article XX in its first paragraph permits the hoisting of the flag of the country on consular offices including those “situated in the capitals of the two countries”. It is hoped that this new provision, in sharp contrast with that contained in Article XVII of the Treaty of Friendship and General Relations concluded by the United States and Spain on July 3, 1902, may commend itself to the authorities of the Serbs, Croats and Slovenes. The second and third paragraphs of this Article require no comment.

The provisions of Article XXI enabling consular officers to address the authorities with a view to protecting their countrymen in the enjoyment of the rights accruing by treaty or otherwise, and in order to complain of infraction of those rights, are believed to serve a useful purpose.

It is important that a consular officer be permitted to invoke the aid of the authorities of the State to which he is accredited for the purposes set forth in this Article. Those purposes are described with greater fullness than is common in treaties of the United States. They ought to be inserted in the Treaty.

Article XXII makes provision for the exercise of notarial functions by consular officers. The first paragraph slightly elaborates [Page 839]Article X of the Consular Convention of the United States with Sweden of June 1, 1910.22 There are also differences in phraseology. The second paragraph needs no explanation.

Article XXIII makes a definite and important provision in its first paragraph with respect to the jurisdiction of a consular officer over offenses committed on merchant vessels of his country and over certain civil cases under specified conditions. This paragraph differs sharply from the provisions on the same subject in treaties concluded by the United States before the Treaty of 1923 with Germany, as for example, the second paragraph of Article XIII of the Treaty of Commerce and Navigation concluded by the United States with Sweden and Norway on July 4, 1827,23 and Article XI of the Consular Convention between the United States and Belgium of March 9, 1880.24 In the latter it was provided, “…24a The local authorities shall not interfere except when the disorder that has arisen is of such a nature as to disturb tranquillity and public order on shore, or in the port, or when a person of the country or not belonging to the crew shall be concerned therein.” (See Wildenhus Case, 120 U. S. 1.) Objection has been made to the foregoing language on the ground that it affords no sufficient tests and demands in each case a decision by a local court of a complicated preliminary question as to the propriety of local justice over offenses. In the provision proposed it is sought to indicate definitely certain conditions under which local courts may appropriately exercise jurisdiction in criminal cases. The jurisdiction thus conferred on them may go somewhat further than is contemplated by treaties concluded by the United States before the Treaty of 1923 with Germany. The second paragraph of Article XXIII is supplementary to the first. It is believed that a safe line is drawn for practical purposes, and no injustice is likely to result. The third paragraph provides for the consular invocation of local aid for the maintenance of internal order on board of a vessel. The fourth paragraph requires no comment.

Article XXIV pertains to the several problems where a countryman of the consul dies intestate within the consular district. The first paragraph provides for the notification of the consul of the fact of death where the decedent leaves no known heirs in the country where death occurred. This is a frequent provision in treaties of the United States. The Department of State has frequently advised the Governors of the several States of the United States of its existence in order that there might be local compliance. It may be noted that certain States such as Michigan and Minnesota have undertaken through their statutory law to provide for consular notification.

[Page 840]

Consular rights under American treaties touching the administration of estates of deceased intestate aliens have lacked uniformity, and have contained phraseology that has been productive of much litigation in the United States. In the second paragraph of Article XXIV an attempt is made to define such rights clearly. The consul is given first, a right under certain circumstances to take charge of assets pending the appointment of an administrator; and secondly, a right to administer when the local law permits. He is thus rendered subject to the local statutory laws. The right to administer is rarely desired by an American consular officer. On the other hand, foreign consular officers in the United States often seek to exercise it. It is not believed that it should be conferred more broadly than is here provided. The last clause of this paragraph will be helpful to the foreign consular applicant for letters of administration in the United States.

It is deemed absolutely essential in the United States that any consular right of administration be subordinated to local State laws conferring rights of administration on public officials or private individuals, and that whenever a consul accepts the office of administrator he should be subjected to the jurisdiction of the tribunal appointing him. The last paragraph of the Article so provides.

Article XXV confers upon the consul the right to receipt for the distributive share accruing to a non-resident countryman, derived from estates in process of probate or from the operation of Workmen’s Compensation Acts. The consul is obliged, however, to remit funds through the agencies of Ms Government to the proper distributees, and to furnish the authority making distribution through him reasonable evidence of such remission. This also is a fresh provision not contained in Treaties concluded by the United States before the Treaty of 1923 with Germany. It is believed that it will promote justice for all concerned.

It may be noted that the Employers Liability Act of Nebraska of 1913 provided in part that:

“… Such consular officer, or his representative, residing in the State of Nebraska, shall have, in behalf of such non-resident dependents, the exclusive right to adjust and settle all claims for compensation provided by this Article and to receive for distribution to such non-resident alien dependents all compensation arising thereunder.” (Chap. 35, Art. VIII, Sec. 3663 Rev. Stat, of Nebraska, 1913) See also Sec. 23 of Workmen’s Compensation Law of Minnesota, Chapter 467, General Laws 1913, as amended 1915.

Article XXVI contains a provision greatly desired by the Consular Service and the Public Health Service of the United States. It contemplates consular inspection of private vessels of any flag about to clear from ports of the United States for the Kingdom of [Page 841]the Serbs, Croats and Slovenes or from the ports of the Kingdom of the Serbs, Croats and Slovenes for the United States. It is believed that the territorial sovereign is within its right in permitting a foreign consular officer to make reasonable inspection of any private vessel within its ports and about to clear for a port of the consul’s country. It is earnestly hoped that the Government of the Serbs, Croats and Slovenes will accept this provision which will serve to facilitate the entry of vessels clearing from the ports of the Kingdom for American ports.

Article XXVII concerns the free entry of personal and official belongings of consular officers, their families and suites when nationals of the appointing State, with limitations that are specified.

American consular officers in foreign countries frequently experience difficulty in obtaining free entry for their personal property upon arrival at their posts and are often subjected to great annoyance and expense in connection therewith. Certain countries now permit free entry of the baggage and certain household property of consular officers and their families. Some, however, refuse free entry to automobiles, musical instruments, chinaware, etc. In some countries official supplies and equipment for consular officers are required to pay duty.

Under the United States Customs Regulations foreign consuls, their families and servants are granted, on the basis of reciprocity, free entry of all baggage and household goods which accompany them to the United States, or which arrive shortly thereafter. They are required to pay, in the absence of treaty provisions, regular duty on subsequent importations of personal property. Official supplies for consular offices are admitted free of duty.

Article XXVIII which is based upon Article XIII of the Consular Convention with Sweden of June 1, 1910, deals with the matter of shipwreck and salvage. The provisions are common in commercial treaties and consular conventions. They require no comment.

Article XXIX states definitely the scope of the territories, land, water and air, within the operation of the treaty. It has seemed wise to define comprehensively the territorial areas within the scope of the Treaty. It has been deemed important to embrace air, as well as land and water therein.

Article XXX deals with the duration of the Treaty and modes of terminating it.

It is important that the date on which the Treaty is to take effect be specified; and it is reasonable that that date should be the same one for all Articles of the Treaty. It is to be noted that the Treaty is to take effect on the date of the exchange of ratifications and that it will supplant the Convention of Commerce, and Navigation between the United States and Serbia, concluded October 14, 1881, and the [Page 842]Consular Convention between the United States and Serbia, concluded October 14, 1881.

The matter of duration and notice of termination is one on which there may well be divergent opinion. It is deemed wise to fix the initial period of operation at ten years in regard to all matters with respect to which the Contracting Parties have a permanent policy and to require one year’s notice of termination. As already pointed out in this instruction the provisions of the third paragraph of Article XXX permitting the termination of the sixth and seventh paragraphs of Article VII and the whole of Articles IX and XI at the end of one year are the counterpart of a reservation made by the Senate of the United States in giving its advice and consent to the ratification of the Treaty of Friendship, Commerce and Consular Rights, signed by the United States and Germany on December 8, 1923. From the point of view of this Government such a provision is necessary.

Article XXXI provides for the exchange of ratifications which, if the Treaty is signed at Belgrade, will normally also take place at that capital.

It will be observed that under the provisions of this Treaty, both legal and inheritance rights are recognized and protected.

In connection with the request by the Government of the Serbs, Croats and Slovenes for the negotiation of a naturalization convention, you will inform that Government that this Government will be pleased to receive from it and to consider such comments as it may care to make on the draft of the naturalization convention which was submitted by this Government through your Legation. The Department understood from despatches No. 2441 of September 2, 1924, and No. 2577 of February 14, 1925,25 that the Government of the Serbs, Croats and Slovenes had studied that draft and would shortly thereafter be prepared to indicate its views thereon. Two copies of the Naturalization Convention signed November 23, 1923, by the United States and Bulgaria are enclosed.26 The Department desires that any naturalization convention concluded between the United States and the Kingdom of the Serbs, Croats and Slovenes be similar to that convention.

With regard to the negotiation of a new extradition convention you will recall that in instruction No. 543 of January 8, 1925,27 the Department pointed out that the extradition convention between the United States and Serbia,28 which is regarded both by this Government and the Government of the Serbs, Croats and Slovenes as [Page 843]being applicable to the whole territory of the Kingdom, is a modern and comprehensive convention. Pending the receipt of the more specific information concerning the proposal of the Government of the Serbs, Croats and Slovenes to supplant this convention which it is indicated on page 2 of despatch No. 2577 of February 14, 1925,29 would be furnished you, the Department is unwilling to consider the negotiation of a new treaty on this subject.

It will be agreeable to this Government to receive from the Government of the Serbs, Croats and Slovenes a draft of a convention relating to judgments and to give due consideration thereto. You should point out, however, that this Government has never become a party to a convention dealing with this subject and that it is very doubtful whether the fundamental principles of the State and Federal judicial systems of this country would admit of the acceptance of such a convention.

I am [etc.]

Frank B. Kellogg
[Enclosure]

Draft Treaty of Friendship, Commerce and Consular Rights

Preamble

The United States of America and the Kingdom of Serbs, Croats and Slovenes, desirous of strengthening the bond of peace which happily prevails between them, by arrangements designed to promote friendly intercourse between their respective territories through provisions responsive to the spiritual, cultural, economic and commercial aspirations of the peoples thereof, have resolved to conclude a Treaty of Friendship, Commerce and Consular Rights and for that purpose have appointed as their plenipotentiaries:

The President of the United States of America.

and His Majesty the King of the Serbs, Croats and Slovenes.

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

Article I

The nationals of each of the High Contracting Parties shall be permitted to enter, travel and reside in the territories of the other; to exercise liberty of conscience and freedom of worship; to engage in professional, scientific, religious, philanthropic, manufacturing and commercial work of every kind without interference; to carry on every form of commercial activity which is not forbidden by the [Page 844]local law; to own, erect or lease and occupy appropriate buildings and to lease lands for residential, scientific, religious, philanthropic, manufacturing, commercial and mortuary purposes; to employ agents of their choice, and generally to do anything incidental to or necessary for the enjoyment of any of the foregoing privileges upon the same terms as nationals of the state of residence or as nationals of the nation hereafter to be most favored by it, submitting themselves to all local laws and regulations duly established.

The nationals of each of the High Contracting Parties, irrespective of the country of their residence, shall enjoy in the territories of the other Party the same protection in respect of copyright as is accorded to nationals of the nation most favored in this respect.

The nationals of either High Contracting Party within the territories of the other shall not be subjected to the payment of any internal charges or taxes other or higher than those that are exacted of and paid by its nationals.

The nationals of each High Contracting Party shall enjoy freedom of access to the courts of justice of the other on conforming to the local laws, as well for the prosecution as for the defense of their rights, and in all degrees of jurisdiction established by law.

The nationals of each High Contracting Party shall receive within the territories of the other, upon submitting to conditions imposed upon its nationals, the most constant protection and security for their persons and property, and shall enjoy in this respect that degree of protection that is required by international law. Their property shall not be taken without due process of law and without payment of just compensation.

Nothing contained in this Treaty shall be construed to affect existing statutes of either of the High Contracting Parties in relation to the immigration of aliens or the right of either of the High Contracting Parties to enact such statutes.

Article II

With respect to that form of protection granted by National, State or Provincial laws establishing civil liability for injuries or for death, and giving to relatives or heirs or dependents of an injured party a right of action or a pecuniary benefit, such relatives or heirs or dependents of the injured party, himself a national of either of the High Contracting Parties and within any of the territories of the other, shall regardless of their alienage or residence outside of the territory where the injury occurred, enjoy the same rights and privileges as are or may be granted to nationals, and under like conditions.

[Page 845]

Article III

The dwellings, warehouses, manufactories, shops, and other places of business, and all premises thereto appertaining of the nationals of each of the High Contracting Parties in the territories of the other, used for any purposes set forth in Article I, shall be respected. It shall not be allowable to make a domiciliary visit to, or search of any such buildings and premises, or there to examine and inspect books, papers or accounts, except under the conditions and in conformity with the forms prescribed by the laws, ordinances and regulations for nationals.

Article IV

Where, on the death of any person holding real or other immovable property or interests therein within the territories of one High Contracting Party, such property or interests therein would, by the laws of the country or by a testamentary disposition, descend or pass to a national of the other High Contracting Party, whether resident or non-resident, were he not disqualified by the laws of the country where such property or interests therein is or are situated, such national shall be allowed a term of three years in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and withdraw the proceeds thereof, without restraint or interference, and exempt from any succession, probate or administrative duties or charges other than those which may be imposed in like cases upon the nationals of the country from which such proceeds may be drawn.

Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases.

Article V

The nationals of each of the High Contracting Parties in the exercise of the right of freedom of worship, within the territories of the other, as hereinabove provided, may, without annoyance or molestation of any kind by reason of their religious belief or otherwise, conduct services either within their own houses or within any [Page 846]appropriate buildings which they may be at liberty to erect and maintain in convenient situations, provided their teachings or practices are not contrary to public morals; and they may also be permitted to bury their dead according to their religious customs in suitable and convenient places established and maintained for the purpose, subject to the reasonable mortuary and sanitary laws and regulations of the place of burial.

Article VI

In the event of war between either High Contracting Party and a third State, such Party may draft for compulsory military service nationals of the other having a permanent residence within its territories and who have formally, according to its laws, declared an intention to adopt its nationality by naturalization, unless such individuals depart from the territories of said belligerent Party within sixty days after a declaration of war.

Article VII

Between the territories of the High Contracting Parties there shall be freedom of commerce and navigation. The nationals of each of the High Contracting Parties equally with those of the most favored nation, shall have liberty freely to come with their vessels and cargoes to all places, ports and waters of every kind within the territorial limits of the other which are or may be open to foreign commerce and navigation. Nothing in this treaty shall be construed to restrict the right of either High Contracting Party to impose, on such terms as it may see fit, prohibitions or restrictions of a sanitary character designed to protect human, animal or plant life, or regulations for the enforcement of police or revenue laws.

Each of the High Contracting Parties binds itself unconditionally to impose no higher or other duties or charges or bases of such duties or charges, and no conditions or prohibition on the importation of any article, the growth, produce or manufacture of the territories of the other Party, from whatever place arriving, than are or shall be imposed on the importation of any like article, the growth, produce or manufacture of any other foreign country; nor shall any such duties, charges, conditions or prohibitions on importations be made effective retroactively on imports already cleared through the customs, or on goods declared for entry into consumption in the country.

Each of the High Contracting Parties also binds itself unconditionally to impose no higher or other charges or other restrictions or prohibitions on goods exported to the territories of the other High Contracting Party than are imposed on goods exported to any other foreign country.

[Page 847]

In the event of licenses being issued by either of the High Contracting Parties for the importation into or exportation from its territories of articles the importation or exportation of which is restricted or prohibited, the conditions under which such licenses may be obtained shall be publicly announced and clearly stated in such a manner as to enable traders interested to become acquainted with them; the method of licensing shall be as simple and unvarying as possible and applications for licenses shall be dealt with as speedily as possible. Moreover, the conditions under which such licenses are issued by either of the High Contracting Parties for goods imported from or exported to the territories of the other Party shall be as favorable with respect to commodities, formalities and otherwise as the conditions under which licenses are issued in respect of any other foreign country. In the event of rations or quotas being established for the importation or exportation of articles restricted or prohibited, each of the High Contracting Parties agrees to grant for the importation from or exportation to the territories of the other Party an equitable share, in view of the normal volume of trade in the particular class of goods between the two countries, in the allocation of the quantity of restricted goods which may be authorized for importation or exportation. In the application of the provisions of this paragraph no distinction shall be made between direct and indirect shipments. It is agreed, moreover, that in the event either High Contracting Party shall be engaged in war, it may enforce such import or export restrictions as may be required by the national interest.

Any advantage of whatsoever kind which either High Contracting Party may extend, by treaty, law, decree, regulation, practice or otherwise, to any article, the growth, produce or manufacture of any other foreign country shall simultaneously and unconditionally, without request and without compensation, be extended to the like article the growth, produce or manufacture of the other High Contracting Party.

All articles which are or may be legally imported from foreign countries into ports of the United States or are or may be legally exported therefrom in vessels of the United States may likewise be imported into those ports or exported therefrom in vessels of the Serbs, Croats and Slovenes, without being liable to any other or higher duties or charges whatsoever than if such articles were imported or exported in vessels of the United States; and, reciprocally, all articles which are or may be legally imported from foreign countries into the ports of the Kingdom of the Serbs, Croats and Slovenes, or are or may be legally exported therefrom in vessels of the Serbs, Croats and Slovenes may likewise be imported into these [Page 848]ports or exported therefrom in vessels of the United States without being liable to any other or higher duties or charges whatsoever than if such articles were imported or exported in vessels of the Serbs, Croats and Slovenes.

In the same manner there shall be perfect reciprocal equality in relation to the flags of the two countries with regard to bounties, drawbacks and other privileges of this nature of whatever denomination which may be allowed in the territories of each of the Contracting Parties, on goods imported or exported in national vessels so that such bounties, drawbacks and other privileges shall also and in like manner be allowed on goods imported or exported in vessels of the other country.

With respect to the amount and collection of duties on imports and exports of every kind, each of the two High Contracting Parties binds itself to give to the nationals, vessels and goods of the other the advantage of every favor, privilege or immunity which it shall have accorded to the nationals, vessels and goods of a third State, Whether such favored State shall have been accorded such treatment gratuitously or in return for reciprocal compensatory treatment. Every such favor, privilege or immunity which shall hereafter be granted the nationals, vessels or goods of a third State shall simultaneously and unconditionally, without request and without compensation, be extended to the other High Contracting Party, for the benefit of itself, its nationals and vessels.

The stipulations of this Article do not extend to the treatment which is accorded by the United States to the commerce of Cuba under the provisions of the Commercial Convention concluded by the United States and Cuba on December 11, 1902, or any other commercial convention which hereafter may be concluded by the United States with Cuba, or to the commerce of the United States with any of its dependencies and the Panama Canal Zone under existing or future laws.

Article VIII

The nationals and merchandise of each High Contracting Party within the territories of the other shall receive the same treatment as nationals and merchandise of the country with regard to internal taxes, transit duties, charges in respect to warehousing and other facilities and the amount of drawbacks and bounties.

Article IX

No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duties or charges of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments [Page 849]of any kind shall be imposed in the ports of the territories of either country upon the vessels of the other, which shall not equally, under the same conditions, be imposed on national vessels. Such equality of treatment shall apply reciprocally to the vessels of the two countries respectively from whatever place they may arrive and whatever may be their place of destination.

Article X

Merchant vessels and other privately owned vessels under the flag of either of the High Contracting Parties, and carrying the papers required by its national laws in proof of nationality shall, both within the territorial waters of the other High Contracting Party and on the high seas, be deemed to be the vessels of the Party whose flag is flown.

Article XI

Merchant vessels and other privately owned vessels under the flag of either of the High Contracting Parties shall be permitted to discharge portions of cargoes at any port open to foreign commerce in the territories of the other High Contracting Party, and to proceed with the remaining portions of such cargoes to any other ports of the same territories open to foreign commerce, without paying other or higher tonnage dues or port charges in such cases than would be paid by national vessels in like circumstances, and they shall be permitted to load in like manner at different ports in the same voyage outward, provided, however, that the coasting trade of the High Contracting Parties is exempt from the provisions of this Article and from the other provisions of this Treaty, and is to be regulated according to the laws of each High Contracting Party in relation thereto. It is agreed, however, that the nationals of either High Contracting Party shall within the territories of the other enjoy with respect to the coasting trade the most favored nation treatment.

Article XII

Limited liability and other corporations and associations, whether or not for pecuniary profit, which have been or may hereafter be organized in accordance with and under the laws, National, State or Provincial, of either High Contracting Party and maintain a central office within the territories thereof, shall have their juridical status recognized by the other High Contracting Party provided that they pursue no aims within its territories contrary to its laws. They shall enjoy free access to the courts of law and equity, on conforming to the laws regulating the matter, as well for the prosecution as for the defense of rights in all the degrees of jurisdiction established by law.

[Page 850]

The right of such corporations and associations of either High Contracting Party so recognized by the other to establish themselves within its territories, establish branch offices and fulfill their functions therein shall depend upon, and be governed solely by, the consent of such Party as expressed in its National, State, or Provincial laws.

Article XIII

The nationals of either High Contracting Party shall enjoy within the territories of the other, reciprocally and upon compliance with the conditions there imposed, such rights and privileges as have been or may hereafter be accorded the nationals of any other State with respect to the organization of and participation in limited liability and other corporations and associations, for pecuniary profit or otherwise, including the rights of promotion, incorporation, purchase and ownership and sale of shares and the holding of executive or official positions therein. In the exercise of the foregoing rights and with respect to the regulation or procedure concerning the organization or conduct of such corporations or associations, such nationals shall be subjected to no condition less favorable than those which have been or may hereafter be imposed upon the nationals of the most favored nation. The rights of any of such corporations or associations as may be organized or controlled or participated in by the nationals of either High Contracting Party within the territories of the other to exercise any of their functions therein, shall be governed by the laws and regulations, national, state or provincial, which are in force or may hereafter be established within the territories of the Party wherein they propose to engage in business.

The nationals of either High Contracting Party shall, moreover, enjoy within the territories of the other, reciprocally and upon compliance with the conditions there imposed, such rights and privileges as have been or may hereafter be accorded the nationals of any other State with respect to the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain of the other.

Article XIV

(a) 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 article, or otherwise, [Page 851]enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety.

(b) 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 viséed 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 Section (a).

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

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

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

(e) 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.

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

(g) Peddlers and other salesmen who vend directly to the consumer, even though they have not an established place of business in the country in which they operate, shall not be considered as commercial travelers, but shall be subject to the license fees levied on business of the kind which they carry on.

(h) No license shall be required of:

(1)
Persons traveling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise.
(2)
Persons operating through local agencies which pay the license fee or other imposts to which their business is subject.
(3)
Travelers who are exclusively buyers.

(i) Any concessions affecting any of the provisions of the present Article 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 XV

(a) Regulations governing the renewal and transfer of licenses issued under the provisions of Article XIV, and the imposition of [Page 852]fines and other penalties for any misuse of licenses may be made by either of the High Contracting Parties whenever advisable within the terms of Article XIV and without prejudice to the rights defined therein.

If such regulations permit the renewal of licenses, the fee for renewal will not be greater than that charged for the original license.

If such regulations permit the transfer of licenses, upon satisfactory proof that transferee or assignee is in every sense the true successor of the original licensee, and that he can furnish a certificate of identification similar to that furnished by the original licensee, he will be allowed to operate as a commercial traveler pending the arrival of the new certificate of identification, but the cancellation of the bond for the samples shall not be effected before the arrival of the said certificate.

(b) It is the citizenship of the firm that the commercial traveler represents, and not his own that governs the issuance to him of a certificate of identification.

The High Contracting Parties agree to empower the local customs officials or other competent authorities to issue the said licenses upon surrender of the certificate of identification and authenticated list of samples, acting as deputies of the central office constituted for the issuance and regulation of licenses. The said officials shall immediately transmit the appropriate documentation to the central office, to which the licensee shall thereafter give due notice of his intention to ask for the renewal or transfer of his license, if these acts be allowable, or cancellation of his bond, upon his departure from the country. Due notice in this connection will be regarded as the time required for the exchange of correspondence in the normal mail schedules, plus five business days for purposes of official verification and registration.

(c) It is understood that the traveler will not engage in the sale of other articles than those embraced by his lines of business; he may sell his samples, thus incurring an obligation to pay the customs duties thereupon, but he may not sell other articles brought with him or sent to him, which are not reasonably and clearly representative of the kind of business he purports to represent.

(d) Advertising matter brought by commercial travelers in appropriate quantities shall be treated as samples without commercial value. Objects having a depreciated commercial value because of adaptation for purposes of advertisment, and intended for gratuitous distribution, shall, when introduced in reasonable quantities, also be treated as samples without commercial value. It is understood, however, that this prescription shall be subject to the customs laws of the respective countries. Samples accompanying the commercial traveler will be despatched as a portion of his personal baggage; [Page 853]and those arriving after him will be given precedence over ordinary freight.

(e) If the original license was issued for a period longer than six months, or if the license be renewed, the bond for the samples will be correspondingly extended. It is understood, however, that this prescription shall be subject to the customs laws of the respective countries.

Article XVI

There shall be complete freedom of transit through the territories including territorial waters of each High Contracting Party on the routes most convenient for international transit, by rail, navigable waterway, and canal, other than the Panama Canal and waterways and canals which constitute international boundaries, to persons and goods coming from or going through the territories of the other High Contracting Party, except such persons as may be forbidden admission into its territories or goods of which the importation may be prohibited by law. Persons and goods in transit shall not be subjected to any transit duty, or to any unnecessary delays or restrictions, and shall be given national treatment as regards charges, facilities, and all other matters.

Goods in transit must be entered at the proper custom house, but they shall be exempt from all customs or other similar duties.

All charges imposed on transport in transit shall be reasonable, having regard to the conditions of the traffic.

Article XVII

Each of the High Contracting Parties agrees to receive from the other, consular officers in those of its ports, places and cities, where it may be convenient and which are open to consular representatives of any foreign country.

Consular officers of each of the High Contracting Parties shall after entering upon their duties, enjoy reciprocally in the territories of the other all the rights, privileges, exemptions and immunities which are enjoyed by officers of the same grade of the most-favored-nation. As official agents, such officers shall be entitled to the high consideration of all officials, national or local, with whom they have official intercourse in the state which receives them.

The Governments of each of the High Contracting Parties shall furnish free of charge the necessary exequatur of such consular officers of the other as present a regular commission signed by the chief executive of the appointing state and under its great seal; and they shall issue to a subordinate or substitute consular officer duly appointed by an accepted superior consular officer with the approbation of his Government, or by any other competent officer [Page 854]of that Government, such documents as according to the laws of the respective countries shall be requisite for the exercise by the appointee of the consular function. On the exhibition of an exequatur, or other document issued in lieu thereof to such subordinate, such consular officer shall be permitted to enter upon his duties and to enjoy the rights, privileges and immunities granted by this treaty.

Article XVIII

Consular officers, nationals of the state by which they are appointed, shall be exempt from arrest except when charged with the commission of offenses locally designated as crimes other than misdemeanors and subjecting the individual guilty thereof to punishment. Such officers shall be exempt from military billetings, and from service of any military or naval, administrative or police character whatsoever.

In criminal cases the attendance at the trial by a consular officer as a witness may be demanded by the prosecution or defence. The demand shall be made with all possible regard for the consular dignity and the duties of the office; and there shall be compliance on the part of the consular officer.

Consular officers shall be subject to the jurisdiction of the courts in the state which receives them in civil cases, subject to the proviso, however, that when the officer is a national of the state which appoints him and is engaged in no private occupation for gain, his testimony shall be taken orally or in writing at his residence or office and with due regard for his convenience. The officer should, however, voluntarily give his testimony at the trial whenever it is possible to do so without serious interference with his official duties.

Article XIX

Consular officers, including employees in a consulate, nationals of the State by which they are appointed other than those engaged in private occupations for gain within the State where they exercise their functions shall be exempt from all taxes, National, State, Provincial and Municipal, levied upon their persons or upon their property, except taxes levied on account of the possession or ownership of immovable property situated in, or the income derived from property of any kind situated or belonging within the territories of the State within which they exercise their functions. All consular officers and employees, nationals of the State appointing them shall be exempt from the payment of taxes on the salary, fees or wages received by them in compensation for their consular services.

Lands and buildings situated in the territories of either High Contracting Party, of which the other High Contracting Party is the legal or equitable owner and which are used exclusively for governmental [Page 855]purposes by that owner, shall be exempt from taxation of every kind, National, State, Provincial and Municipal, other than assessments levied for services or local public improvements by which the premises are benefited.

Article XX

Consular officers may place over the outer door of their respective offices the arms of their State with an appropriate inscription designating the official office. Such officers may also hoist the flag of their country on their offices including those situated in the capitals of the two countries. They may likewise hoist such flag over any boat or vessel employed in the exercise of the consular function.

The Consular offices and archives shall at all times be inviolable. They shall under no circumstances be subjected to invasion by any authorities of any character within the country where such offices are located. Nor shall the authorities under any pretext make any examination or seizure of papers or other property deposited within a consular office. Consular offices shall not be used as places of asylum. No consular officers shall be required to produce official archives in court or testify as to their contents.

Upon the death, incapacity, or absence of a consular officer having no subordinate consular officer at his post, secretaries or chancellors, whose official character may have previously been made known to the government of the State where the consular function was exercised, may temporarily exercise the consular function of the deceased or incapacitated or absent consular officer; and while so acting shall enjoy all the rights, prerogatives and immunities granted to the incumbent.

Article XXI

Consular officers, nationals of the State by which they are appointed, may, within their respective consular districts, address the authorities, National, State, Provincial or Municipal, for the purpose of protecting their countrymen in the enjoyment of their rights accruing by treaty or otherwise. Complaint may be made for the infraction of those rights. Failure upon the part of the proper authorities to grant redress or to accord protection may justify interposition through the diplomatic channel, and in the absence of a diplomatic representative, a consul general or the consular officer stationed at the capital may apply directly to the government of the country.

Article XXII

Consular officers may, in pursuance of the laws of their own country, take, at any appropriate place within their respective districts, the depositions of any occupants of vessels of their own country, or of [Page 856]any national of, or of any person having permanent residence within the territories of, their own country. Such officers may draw up, attest, certify and authenticate unilateral acts, deeds, and testamentary dispositions of their countrymen, and also contracts to which a countryman is a party. They may draw up, attest, certify and authenticate written instruments of any kind purporting to express or embody the conveyance or encumbrance of property of any kind within the territory of the State by which such officers are appointed, and unilateral acts, deeds, testamentary dispositions and contracts relating to property situated, or business to be transacted within, the territories of the State by which they are appointed, embracing unilateral acts, deeds, testamentary dispositions or agreements executed solely by nationals of the State within which such officers exercise their functions.

Instruments and documents thus executed and copies and translations thereof, when duly authenticated under his official seal by the consular officer shall be received as evidence in the territories of the contracting parties as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if drawn by and executed before a notary or other public officer duly authorized in the country by which the consular officer was appointed; provided, always that such documents shall have been drawn and executed in conformity to the laws and regulations of the country where they are designed to take effect.

Article XXIII

A consular officer shall have exclusive jurisdiction over controversies arising out of the internal order of private vessels of his country, and shall alone exercise jurisdiction in cases, wherever arising, between officers and crews, pertaining to the enforcement of discipline on board, provided the vessel and the persons charged with wrongdoing shall have entered a port within his consular district. Such an officer shall also have jurisdiction over issues concerning the adjustment of wages and the execution of contracts relating thereto provided the local laws so permit.

When an act committed on board of a private vessel under the flag of the State by which the consular officer has been appointed and within the territorial waters of the State to which he has been appointed constitutes a crime according to the laws of that State, subjecting the person guilty thereof to punishment as a criminal, the consular officer shall not exercise jurisdiction except in so far as he is permitted to do so by the local law.

A consular officer may freely invoke the assistance of the local police authorities in any matter pertaining to the maintenance of [Page 857]internal order on board of a vessel under the flag of his country within the territorial waters of the State to which he is appointed, and upon such a request the requisite assistance shall be given.

A consular officer may appear with the officers and crews of vessels under the flag of his country before the judicial authorities of the State to which he is appointed to render assistance as an interpreter or agent.

Article XXIV

In case of the death of a national of either High Contracting Party in the territory of the other without having in the territory of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the State of which the deceased was a national of the fact of his death, in order that necessary information may be forwarded to the parties interested.

In case of the death of a national of either of the High Contracting Parties without will or testament, in the territory of the other High Contracting Party, the consular officer of the State of which the deceased was a national and within whose district the deceased made his home at the time of death, shall, so far as the laws of the country permit and pending the appointment of an administrator and until letters of administration have been granted, be deemed qualified to take charge of the property left by the decedent for the preservation and protection of the same. Such consular officer shall have the right to be appointed as administrator within the discretion of a tribunal or other agency controlling the administration of estates provided the laws of the place where the estate is administered so permit.

Whenever a consular officer accepts the office of administrator of the estate of a deceased countryman, he subjects himself as such to the jurisdiction of the tribunal or other agency making the appointment for all necessary purposes to the same extent as a national of the country where he was appointed.

Article XXV

A consular officer of either High Contracting Party may in behalf of his non-resident countrymen receipt for their distributive shares derived from estates in process of probate or accruing under the provisions of so-called Workmen’s Compensation Laws or other like statutes provided he remit any funds so received through the appropriate agencies of his Government to the proper distributees, and provided further that he furnish to the authority or agency making distribution through him reasonable evidence of such remission.

[Page 858]

Article XXVI

A consular officer of either High Contracting Party shall have the right to inspect within the ports of the other High Contracting Party within his consular district, the private vessels of any flag destined or about to clear for ports of the country appointing him in order to observe the sanitary conditions and measures taken on board such vessels, and to be enabled thereby to execute intelligently bills of health and other documents required by the laws of his country, and to inform his Government concerning the extent to which its sanitary regulations have been observed at ports of departure by vessels destined to its ports, with a view to facilitating entry of such vessels therein.

Article XXVII

Each of the High Contracting Parties agrees to permit the entry free of all duty and without examination of any kind, of all furniture, equipment and supplies intended for official use in the consular offices of the other, and to extend to such consular officers of the other and their families and suites as are its nationals, the privilege of entry free of duty of their baggage and all other personal property, whether accompanying the officer to his post or imported at any time during his encumbency thereof; provided, nevertheless, that no article, the importation of which is prohibited by the law of either of the High Contracting Parties, may be brought into its territories.

It is understood, however, that this privilege shall not be extended to consular officers who are engaged in any private occupation for gain in the countries to which they are accredited, save with respect to governmental supplies.

Article XXVIII

All proceedings relative to the salvage of vessels of either High Contracting Party wrecked upon the coasts of the other shall be directed by the Consular Officer of the country to which the vessel belongs and within whose district the wreck may have occurred. Pending the arrival of such officer, who shall be immediately informed of the occurrence, the local authorities shall take all necessary measures for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if these do not belong to the crews that have been wrecked and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom house [Page 859]charges, unless it be intended for consumption in the country where the wreck may have taken place.

The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation.

Article XXIX

Subject to any limitation or exception hereinabove set forth, or hereafter to be agreed upon the territories of the High Contracting Parties to which the provisions of this Treaty extend shall be understood to comprise all areas of land, water, and air over which the Parties respectively claim and exercise dominion as sovereign thereof, except the Panama Canal Zone.

Article XXX

Except as provided in the third paragraph of this Article the present Treaty shall remain in full force for the term of ten years from the date of the exchange of ratifications, on which date it shall begin to take effect in all of its provisions.

If within one year before the expiration of the aforesaid period of ten years neither High Contracting Party notifies to the other an intention of modifying by change or omission, any of the provisions of any of the articles in this Treaty or of terminating it upon the expiration of the aforesaid period, the Treaty shall remain in full force and effect after the aforesaid period and until one year from such a time as either of the High Contracting Parties shall have notified to the other an intention of modifying or terminating the Treaty.

The sixth and seventh paragraphs of Article VII and Articles IX and XI shall remain in force for twelve months from the date of exchange of ratifications, and if not then terminated on ninety days previous notice shall remain in force until either of the High Contracting Parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each High Contracting Party shall enjoy all the rights which it would have possessed had such paragraphs or articles not been embraced in the Treaty.

The present Treaty shall Supplant the Treaty of Commerce and Navigation and the Consular Convention between the United States and Serbia concluded on October 2/14, 1881.

[Page 860]

Article XXXI

The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at . . . . . . . as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed their seals thereto.

Done in duplicate, in the English and . . . . . languages at . . . . . . . , this … day of . . . . . 192. .

  1. Foreign Relations, 1913, p. 611.
  2. Ibid., 1911, p. 315.
  3. Malloy, Treaties, 1776–1909, vol. i, p. 774.
  4. Miller, Treaties, vol. 5, p. 845.
  5. Foreign Relations, 1903, p. 721.
  6. For texts of treaties with Estonia and Hungary, see Foreign Relations, 1925, vol. ii, pp. 70 and 341.
  7. League of Nations Treaty Series, vol. xxx, p. 371.
  8. The exchanges of notes between the United States and Estonia, Finland, Lithuania, and Poland are printed in Foreign Relations, 1925, vol. ii, pp. 6669, 9498, 500503, and 692696; between the United States and Haiti, Latvia, and Rumania, in ibid., 1926, vol. ii, pp. 403406, 500502, and 898901.
  9. Ibid., 1903, p. 375.
  10. For text of the treaty with Salvador, see Foreign Relations, 1926, vol. ii, p. 940.
  11. 41 Stat. 437.
  12. See Foreign Relations, 1919, vol. i, p. 45, footnote 47.
  13. Malloy, Treaties, 1910–1923, vol. iii, pp. 3329, 3485.
  14. Foreign Relations, 1921, vol. ii, p. 29.
  15. League of Nations Treaty Series, vol. vii, p. 11.
  16. Malloy, Treaties, 1776–1909, vol. i, p. 700.
  17. Foreign Relations, 1902, p. 517.
  18. Foreign Relations, 1911, p. 723.
  19. Miller, Treaties, vol. 3, p. 283.
  20. Malloy, Treaties, 1776–1909, vol. i, p. 94.
  21. Omission indicated in the original despatch.
  22. Neither printed.
  23. Foreign Relations, 1923, vol. i, p. 464.
  24. Not printed.
  25. Treaty signed Oct. 25, 1901; Foreign Relations, 1902, p. 938.
  26. Not printed.