With reference to the memorandum handed the Haitian Minister on November
10, 1934, by Mr. Welles,39 enclosing
a list of the concessions being sought by the United States in the
proposed trade agreement between the United States and Haiti, there is
enclosed for the consideration of the Haitian Government a draft of the
proposed agreement which includes a revised list of concessions proposed
to be granted to the United States as well as those proposed to be
granted
[Page 324]
to Haiti by the United
States, the two lists being entitled, respectively, Schedule I and
Schedule II.40
It is desired to point out that the concessions included under Schedule I
differ in several instances from those on the list attached to the State
Department’s memorandum of November 10, last. The modifications of this
Schedule have been made as a result of informal exchanges of views on
the subject between Mr. de la Rue and officials of the Department of
State.
The attached Schedule II draft has been drawn up in accordance with the
views on the concessions which might be granted Haiti, as already made
known informally to the Haitian Minister and Mr. de la Rue by Mr.
Welles.
The general provisions of the attached draft agreement represent the
views of the United States Government on matters affecting trade in
general between the United States and Haiti. Their aim is to reduce or
eliminate wherever possible such barriers as may exist, or as might be
likely to arise, to the trade between the two countries. It is
understood that the Government of the United States reserves the
privilege of suggesting such changes in these provisions as may on
further consideration seem desirable, prior to their final approval by
both Governments.
The Government of the United States will be pleased to receive the views
of the Government of Haiti concerning the attached draft agreement and
the two Schedules included therein.
[Enclosure]
Draft Reciprocal Trade Agreement With the
Republic of Haiti
Preamble
The President of the United States of America and the President of
the Republic of Haiti, being desirous of strengthening the
traditional bonds of friendship between the two countries by
maintaining the principle of equality of treatment as the basis of
commercial relations and by granting mutual and reciprocal
concessions and advantages for the promotion of trade, have arrived
at the following agreement:
Article I
Articles the growth, produce or manufacture of the United States of
America, enumerated and described in Schedule I annexed to this
Agreement and made a part thereof, shall, on their importation into
[Page 325]
the Republic of Haiti,
be exempt from ordinary customs duties in excess of those set forth
in the said schedule and from all other duties, taxes, fees, charges
or exactions, imposed on or in connection with importation, in
excess of those imposed or required to be imposed by laws of the
Republic of Haiti in effect on the day of the signature of this
Agreement.
Article II
Articles the growth, produce or manufacture of the Republic of Haiti,
enumerated and described in Schedule II annexed to this Agreement
and made a part thereof, shall, on their importation into the United
States of America, be exempt from ordinary customs duties in excess
of those set forth in the said Schedule, and from all other duties,
taxes, fees, charges, or exactions, imposed on or in connection with
importation, in excess of those imposed or required to be imposed by
laws of the United States of America in effect on the day of the
signature of this Agreement.
Article III
The United States of America and the Republic of Haiti agree that the
notes included in Schedules I and II are hereby given force and
effect as integral parts of this Agreement.
Article IV
All articles the growth, produce or manufacture of the United States
of America or the Republic of Haiti shall, after importation into
the other country, be exempt from all internal taxes, fees, charges
or exactions other or higher than those payable on like articles of
national origin or any other foreign origin.
Articles the growth, produce or manufacture of the United States of
America or the Republic of Haiti enumerated and described in
Schedules I and II, respectively, shall, after importation into the
other country, be exempt from any national or federal internal
taxes, fees, charges or exactions other or higher than those imposed
or required to be imposed by laws of the Republic of Haiti and the
United States of America, respectively, in effect on the day of the
signature of this Agreement.
Article V
In respect of articles the growth, produce or manufacture of the
United States of America or the Republic of Haiti enumerated and
described in Schedules I and II, respectively, imported into the
other country, on which ad valorem rates of duty may be assessed, it
is understood and agreed that the bases and methods of determining
dutiable value and of converting currencies shall be no less
favorable to importers than the bases and methods prescribed under
presently existing laws and regulations of the respective importing
country.
[Page 326]
Article VI
No prohibition or restriction on importations shall be imposed by the
United States of America or the Republic of Haiti on articles the
growth, produce or manufacture of the other country with respect to
which obligations have been assumed under Articles I or II of this
Agreement: Provided, That the foregoing provision shall not apply to
prohibitions or restrictions relating to public security; imposed on
moral or humanitarian grounds; designed to protect human, animal, or
plant life; applying to prison-made goods; relating to the
enforcement of police or revenue laws; or designed to extend to
imported products a regime analogous to that affecting like or
competing domestic products.
Article VII
With respect to customs duties or charges of any kind imposed on or
in connection with importation or exportation, and with respect to
the method of levying such duties or charges, and with respect to
all rules and formalities in connection with importation or
exportation, any advantage, favor, privilege or immunity which has
been or may hereafter be granted by the United States of America or
the Republic of Haiti to any article originating in or destined for
any third country, shall be accorded immediately and unconditionally
to the like article originating in or destined for the Republic of
Haiti or the United States of America, respectively.
Without prejudice to the provisions of Article VI of this Agreement,
neither the United States of America nor the Republic of Haiti shall
establish any prohibition or maintain any restriction on imports
from the territory of the other country which is not applied to the
importation of any like article originating in any third country.
Without prejudice to the provisions of Article VI of this Agreement,
any abolition of an import prohibition or restriction which may be
granted even temporarily by the United States of America or the
Republic of Haiti in favor of an article of a third country shall be
applied immediately and unconditionally to the like article
originating in the territory of the Republic of Haiti or the United
States of America, respectively.
In the event of rations or quotas being established by the United
States of America or the Republic of Haiti for the importation of
any article otherwise restricted or prohibited, it is agreed,
without prejudice to the provisions of Article VI, that in the
allocation of the quantity of restricted goods which may be
authorized for importation, the other country will be granted a
share equivalent to the proportion of the trade which it enjoyed in
a previous representative period.
[Page 327]
If either the United States of America or the Republic of Haiti
establishes or maintains any system of control of foreign exchange
or enters directly or indirectly into any arrangement which affects
in fact the provision of foreign exchange or the regulation or
control of the transfer or disposition of means of payment, or
employs any other system of control or any other arrangement with
respect to the settlement of international obligations, any
advantage, favor, privilege, or immunity which may be granted in
connection with any such system or arrangement or the administration
thereof to the nationals or commerce of any third country shall be
accorded immediately and unconditionally to the nationals or
commerce of the Republic of Haiti or the United States of America,
respectively.
Nevertheless, the advantages now accorded or which may hereafter be
accorded by the United States of America or the Republic of Haiti to
adjacent countries in order to facilitate frontier traffic, and
advantages resulting from a customs union to which the United States
of America or the Republic of Haiti may become a party shall be
excepted from the operation of this Agreement; and this Agreement
shall not apply to police or sanitary regulations or to the commerce
of the United States of America with the Republic of Cuba, or to
commerce between the United States of America and the Panama Canal
Zone, the Philippine Islands, or any territory or possession of the
United States of America or to the commerce of the territories and
possessions of the United States of America with one another.
Article VIII
Laws, regulations of administrative authorities and decisions of
administrative or judicial authorities of the United States of
America and the Republic of Haiti, respectively, pertaining to the
classification of articles for customs purposes or to rates of duty
shall be published promptly in such a manner as to enable traders to
become acquainted with them. Such laws, regulations and decisions
shall be applied uniformly at all ports of the respective country,
except as otherwise specifically provided in statutes of the United
States of America relating to articles imported into Puerto
Rico.
No administrative ruling by the United States of America or the
Republic of Haiti effecting advances in rates of duties or charges
applicable under an established and uniform practice to imports
originating in the territory of the other country, or imposing any
new requirement with respect to such importations, shall be
effective retroactively or with respect to articles either entered
for or withdrawn for consumption prior to the expiration of thirty
days after the date of publication of notice of such ruling in the
usual official manner. The provisions of this paragraph do not apply
to administrative orders imposing anti-dumping duties, or relating
to regulations for
[Page 328]
the
protection of human, animal or plant life, or relating to public
safety, or giving effect to judicial decisions.
Article IX
The United States of America and the Republic of Haiti retain the
right to apply such measures as they respectively may see fit with
respect to the control of the export or sale for export of arms,
munitions, or implements of war, and, in exceptional circumstances,
of other material needed in war.
Article X
Greater than nominal penalties will not be imposed in the United
States of America or in the Republic of Haiti upon importations of
products or manufactures of the territory of the other country
because of errors in documentation obviously clerical in origin or
where good faith can be established.
The Government of each country will accord sympathetic consideration
to such reasonable representations as the other Government may make
regarding the operation of customs regulations, the observance of
customs formalities, and the application of sanitary laws and
regulations for the protection of human, animal, or plant life.
Article XI
Except as otherwise provided in the second paragraph of this Article,
the provisions of this Agreement relating to the treatment to be
accorded by the United States of America and the Republic of Haiti,
respectively, to the commerce of the other country, shall not apply
to the Philippine Islands, the Virgin Islands, American Samoa, the
Island of Guam, or to the Panama Canal Zone.
Subject to the reservations set forth in the last paragraph of
Article VII, the provisions of Article VII shall apply to articles
the growth, produce or manufacture of any area under the sovereignty
or authority of the United States of America or the Republic of
Haiti imported from or exported to any area under the sovereignty or
authority of the other country. It is understood, however, that the
provisions of this paragraph do not apply to the Panama Canal
Zone.
Article XII
The present Agreement shall, from the date on which it comes into
force, supplant the agreement by exchange of notes signed by the
United States of America and the Republic of Haiti on July 8,
1926.
Article XIII
On and after the day on which this Agreement comes into force,
articles the growth, produce or manufacture of the United States of
[Page 329]
America and articles
the growth, produce or manufacture of the Republic of Haiti
previously imported into the other country shall be subject to the
provisions of this Agreement, if entry therefor has not been made,
or if they have been entered previously without payment of duty and
under bond for warehousing, transportation, or any other purpose,
and without any permit of delivery to the importer or to his agent
having been issued: Provided, That when duties are based upon the
weight of merchandise deposited in any public or private warehouse,
the said duties shall, except as otherwise may specially be provided
in the tariff laws of the respective countries in force on the day
of signature of this Agreement, be levied and collected upon the
weight of such merchandise at the time of its entry.
Article XIV
The present Agreement shall come into full force on the thirtieth day
following proclamation thereof by the President of the United States
of America and the President of the Republic of Haiti, or should the
proclamations be issued on different days, on the thirtieth day
following the date of the later in time of such proclamations, and
shall remain in force for the term of three years thereafter. The
Government of each country shall notify the Government of the other
country of the date of its proclamation.
Unless at least six months before the expiration of the aforesaid
term of three years the Government of either country shall have
given to the other Government notice of intention to terminate the
Agreement upon the expiration of the aforesaid term, the Agreement
shall remain in force thereafter until six months from such time as
the Government of either country shall have given notice to the
other.
In witness whereof the respective Plenipotentiaries have signed this
Agreement and have affixed their seals hereto.
Done in duplicate, in the English and French languages, both
authentic, at the City of Washington, this . . . . . . . . . . . . .
. . . .
For the President of the United States of
America:
For the President of the Republic of Haiti:
