711.922/84

The Secretary of State to the Siamese Minister (Abhibal Rajamaitre)

Sir: I have the honor to refer to your note of November 5, 1936,7a giving notice in regard to the termination for your Government’s part of the Treaty of Friendship, Commerce and Navigation, and Annex, of December 16, 1920,8 and to your recent oral discussions with Mr. Sayre regarding a note from the Siamese Foreign Office of November 5, 1936, to the American Legation at Bangkok,9 with which was enclosed the draft of a proposed treaty of friendship, commerce and navigation between the United States and Siam.9

This Government has given careful consideration to the proposals of the Siamese Government and desires to offer comments as follows:

The problem of the adequate expression of the obligations normally set forth in commercial treaties is one to which the authorities of this Government have, over a period of fifteen years, been giving especial attention with a view to arriving at the best methods of meeting present-day needs. In the opinion of this Government the standard draft thus developed warrants the earnest consideration of your Government as the basis of a treaty between the two countries. I should like to recommend the adoption of this form in the ensuing negotiations for a new commercial treaty between the United States and Siam. A draft treaty, prepared on the basis of the standard draft and adapted for use in the present negotiations, is enclosed [Page 828]herewith in the hope that it may meet with your Government’s approval. It is marked “Draft (1)”.10

Should such approval be withheld, however, this Government is willing to negotiate on the basis of the draft which your Government has submitted, altered to meet the necessities of this Government in the manner indicated by the enclosed document marked “Draft (2)”.11 The following paragraphs are limited to a discussion of Draft (2).

Article 1 of Draft (2) is substantially identical with Article 1 of the original Siamese draft. Two changes have been made in the first paragraph of Article 1, both of which have the effect of restoring the wording of the existing treaty. In speaking of the right to lease land, the Siamese draft adds to the words “for residential, commercial, industrial, religious, charitable” the words “and other lawful purposes”. This Government prefers not to elaborate the existing commitment.

It is noted that in the same sentence the promise of national and most-favored-nation treatment relates only to trade. It would seem to be highly desirable to relate such a promise to all of the enumerated privileges, and hence the word “trade” has been replaced by the phrase “the enjoyment of any of the foregoing privileges”.

The third change in the opening paragraph of Article 1 consists of striking out the new condition “in so far as may be permitted by local law” and restoring the existing condition: “submitting themselves to the laws and regulations there established”. The new condition suggested by the Siamese draft would make the grant largely illusory, as the existence of any particular right would be determined by local law. The condition which this Government proposes be restored admits the existence of the right but stipulates that in the manner of enforcing it local laws and regulations shall be obeyed.

It is suggested that in the first sentence of the last paragraph of Article 1 the words “industrial pursuits, and to” be omitted. The sentence would then relate only to callings and professions. Having stipulated with respect to commerce, manufacture and trade in the first paragraph, it would seem to be unnecessary to include the words “industrial pursuits” in the last paragraph.

The second sentence of the last paragraph of Article 1 is accepted, but some elaboration and clarification of the sentence has been suggested.

With regard to the proposal which appears in the last sentence of the last paragraph of Article 1 of the Siamese draft relating to rights of acquisition, possession and disposition of immovable property, this Government is giving consideration to the subject therein dealt with [Page 829]and expects to present at a later date a counter-proposal in regard to that subject.

In connection with the commitment to accord national treatment in the protection of persons and property, I wish to suggest the addition, at the end of the third paragraph of Article 1, of two sentences which are standard in the treaties of the United States:

“They shall also enjoy in this respect that degree of protection and security that is required by international law. Their property shall not be taken without due process of law or without payment of just compensation.”

In view of the foregoing suggested provisions, it would seem unnecessary to make further provision as to compensation in the next paragraph. In connection with the provisions relating to forced military contributions and military requisitions, contained in the fourth paragraph of Article 1, I wish to point out that these provisions seem to be broad enough to prohibit a recently devised form of military contribution or requisition. I refer to a requirement made of persons engaged in business to carry stocks of merchandise above and beyond their normal business needs. An indication whether your Government concurs in this interpretation would be welcomed.

A new paragraph bearing upon rights in connection with mineral resources has been added. Provisions on this subject are customary in the commercial treaties of the United States.

Article 2 of the Siamese draft is acceptable. Slight changes have been made in order to accomplish more effectively the evident purpose of the article.

The first paragraph of Article 3 of the Siamese draft is acceptable, but in the interest of clarification it is suggested that the condition of most-favored-nation treatment be specified in such manner that the paragraph would read as follows:

(new matter underscored)

“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 ships and cargoes to all places, ports and rivers in the territories of the other which are or may be opened to foreign commerce and navigation, subject always to the laws of the country to which they thus come.”

The first and second sentences of the second paragraph of Article 3 are satisfactory. While this Government readily concurs in the principle expressed in the third sentence that, in the event quotas are established, the country establishing such quota must grant the other an equitable share in the allocation of the global amount, it believes that an effort should be made to clarify the meaning of equitable treatment in quota allocation.

[Page 830]

It is suggested, therefore, that the third sentence of the second paragraph be eliminated and a new paragraph near the end of Article 3 be added, reading as follows:

“If either High Contracting Party establishes or maintains import or customs quotas or other quantitative restrictions on the importation of any article in which the other High Contracting Party has an interest, or regulates the importation of any such article by means of licenses or permits, the High Contracting Party taking such action shall, upon request, inform the other High Contracting Party of the total quantity of any such article permitted to be imported and shall allot to the other High Contracting Party a share of the total permissible imports of such article equivalent to the proportion of the total importation of such article which the other High Contracting Party supplied during a previous representative period, unless it is mutually agreed to dispense with such allotment.”

You will observe that the second category of exceptions relating to restrictions on the trade in arms and munitions, has been removed from the list of exceptions and made the subject of a separate paragraph preceding that list. Gold and silver have been added to the new paragraph. The effect of this change is to make this provision of Draft (2) correspond to Draft (1) which this Government prefers.

To the list of exceptions appearing in Article 3, it is suggested that the following be added:

“(4) Prohibitions or restrictions relating to prison-made goods, or imposed on moral or humanitarian grounds.”

At the very end of Article 3 you will note that provisions in respect of foreign exchange control have been added which are identical with the foreign exchange control provisions in Article VIII of Draft (1).

This Government has examined with interest the fourth exception of the Siamese draft which reserves complete freedom in respect of monopolies, and desires to show its good will toward the Siamese Government by agreeing at once to the inclusion of this provision. It will view the passing of the provision in Article III of the existing treaty forbidding monopolies with no concern, because of its confidence that the Siamese Government would not take American property without compensation in order to establish such monopolies or deny American producers an equal opportunity to supply such monopolies after they have been established.

In order that there may be no misunderstanding in the future in regard to this matter, it is suggested that there be incorporated an article dealing with monopolies in exactly the form found in practically all of the trade agreements to which the United States is a party:

“In the event that the Government of the United States of America or the Government of Siam establishes or maintains a monopoly for [Page 831]the importation, production or sale of a particular commodity, or grants exclusive privileges, formally or in effect, to one or more agencies to import, produce or sell a particular commodity, the Government of the country establishing or maintaining such monopoly, or granting such monopoly privileges, agrees that in respect of the foreign purchases of such monopoly or agency the commerce of the other country shall receive fair and equitable treatment. To this end it is agreed that in making its foreign purchases of any product such monopoly or agency will be influenced solely by those considerations, such as price, quality, marketability, and terms of sale, which would ordinarily be taken into account by a private commercial enterprise interested solely in purchasing such product on the most favorable terms.”

Article 4 of the Siamese draft is acceptable. A slight change in the order of words is suggested.

This Government perceives no objection to the provisions contained in the first and second paragraphs of Article 5, but prefers the provisions suggested in the enclosed Draft (2). The third paragraph of this article deals largely with rights of corporations in the ownership of movable and immovable property. This matter has been covered in the new paragraph proposed for Article 1.

In connection with the provision for national treatment in respect of transit duties, warehousing, et cetera, in Article 6, it is suggested that the paragraph be broadened to include goods as well as persons and to cover bounties. The object of this suggestion is merely to make the article more precise and to obtain conformity with other treaty provisions already in force. Your attention is invited to the addition of the words “internal taxes”. This is an important addition but one which you will recognize as being intrinsically equitable and standard in modern commercial treaties. The article would read as follows:

“The nationals and goods, products, wares and merchandise of each High Contracting Party within the territories of the other shall receive the same treatment as nationals and goods, products, wares 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 export bounties.”

Article 7 of the Siamese draft proposes most-favored-nation treatment in important aspects of treatment of shipping, such as tonnage, harbor and lighthouse dues. The policy of this Government since its foundation has been to ask for and to accord national treatment of shipping, exception being made of the coasting trade. It is, however, prepared to agree to both national and most-favored-nation treatment. Additions have been made to Article 7 of the Siamese draft which would accomplish this result.

Article 8 of the Siamese draft, which provides for most-favored-nation treatment as to importation and exportation, is one of the [Page 832]most important articles of the proposed treaty. It is regretted that this Government is not in a position to concur in the proposal that quantitative restrictions such as quotas or licenses should be regarded as an exception to the most-favored-nation provision. While I am certain that the Siamese Government would not contemplate the establishment of a quota system which would operate to place American suppliers at a disadvantage as compared with other foreign suppliers, this Government could not agree to an exception in favor of quotas, which would constitute a new and unfortunate precedent among the treaties of the United States.

In the event the Siamese Government accepts the previous suggestion made in connection with quantitative restrictions, it will be unnecessary to include the first two phrases of the first paragraph and the entire second paragraph of Article 8. It is therefore proposed that they be omitted. The statement of the scope of the most-favored-nation guarantee has been somewhat elaborated.

Article 9 of the Siamese draft is unchanged.

Article 10 of that draft, providing for national treatment of vessels in the carrying of passengers and cargoes, fails to make exception of the coasting trade and to stipulate for most-favored-nation treatment in regard to such trade. The following article, which appears in several of the treaties in force between the United States and many large maritime States, is suggested as a substitute for the proposed article:

“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 nationals and vessels of either High Contracting Party shall within the territories of the other Party enjoy with respect to the coasting trade most-favored-nation treatment.”

Articles 11, 12 and 13 of the Siamese draft are acceptable. Slight changes in phraseology are suggested.

Article 14 of that draft is unacceptable because it would not be consistent with what is settled law and practice in the United States. It was formerly the policy of the American Government to include in consular conventions provisions relating to the return of deserting [Page 833]seamen. This policy was terminated in 1915 because of the provisions of Section 16 of the Seamen’s Act, approved March 4, 1915 (38 Stat. 1184). It is not believed that the qualifying phrase “such assistance as can by law be given to them” removes the objection of the United States, and accordingly it is suggested that the entire article be omitted.

No change is suggested in Article 15 of the Siamese draft or in the added condition of reciprocity. The Siamese Government may wish to give consideration to the desirability of concluding, at a later date, a separate consular convention. Two paragraphs have been added relating to the ownership of lands and buildings used exclusively for governmental purposes.

With respect to Article 16 of the Siamese draft concerning rights of consular officers in relation to the settlement of estates, my Government prefers the provisions on this subject which have been incorporated in treaties now in force between the United States and many countries.

It is noted that Article 17 of the Siamese draft is identical with Article XV of the existing treaty between the United States and Siam. This Government would prefer to omit the word “trade” in the article under reference, in order to make the provision accord with the existing treaty policy of this Government.

In view of the provision proposed earlier with respect to the coasting trade, in Article 10, it would seem possible to dispense entirely with Article 18.

Article 19 is entirely acceptable so far as it goes. However, this Government desires further exceptions to the most-favored-nation clause, as follows:

“Advantages now accorded or which may hereafter be accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another or to the Republic of Cuba. The provisions of this paragraph shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another, irrespective of any change in the political status of any of the territories or possessions of the United States of America.”

Although this Government is firmly convinced of the value of arbitration as a method for the peaceful settlement of international disputes, it would prefer, rather than to include in a treaty of commerce and navigation provisions of the nature of the proposed Article 20, to engage in negotiations looking toward the conclusion of general arbitration and conciliation conventions which would cover not only such disputes as might arise in connection with this treaty but other types of disputes. Article 20 is, therefore, omitted.

On condition that agreement is reached upon the various points which have a bearing upon the conclusion of a new treaty between [Page 834]the United States and Siam, this Government will accept the provision of Article 21 terminating the treaty signed December 16, 1920, the protocol establishing the right of evocation, and the exchange of notes concerning real property appended to that treaty.

Articles 22 and 23 are acceptable, although I raise for your consideration the question whether it might not be mutually advantageous to provide for an initial period of ten years rather than five years. You will observe in Draft (2) an entirely new article as to the territorial applicability of the treaty.

In connection with the suggestion made in the note from the Siamese Foreign Office of November 5, 1936, above mentioned, to the effect that the negotiations in regard to the proposed treaty be conducted at Bangkok, I am happy to say that my Government concurs in this proposal.

It is understood that either Government may propose further changes at any time during the course of the negotiations.

Accept [etc.]

Cordell Hull
[Enclosure 1]

Draft (1) of Treaty of Friendship, Commerce and Navigation Between the United States of America and Siam

The United States of America and the Kingdom of Siam, 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 Navigation and for that purpose have appointed as their plenipotentiaries,

The President of the United States of America,

. . . . . . . . . . . . . . . . . . . . .

and

His Majesty the King of Siam,

. . . . . . . . . . . . . . . . . . . . .

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 [Page 835]commercial work of every kind without interference; to carry on every form of commercial activity which is not forbidden by the local law; 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 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.

[Paragraph with respect to the acquisition, possession and disposition of immovable property to be supplied later.]12

Upon compliance with the provisions of local law, the nationals, including corporations, partnerships and associations of each of the High Contracting Parties, shall in the territory of the other High Contracting Party have the right to acquire, possess and dispose of every kind of movable property on the same terms as the nationals, including corporations, partnerships and associations, of such other party.

The nationals, including corporations, partnerships and associations, of each High Contracting Party shall receive within the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect that degree of protection and security that is required by international law. Their property shall not be taken without due process of law or 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 emigration or to immigration or the right of either of the High Contracting Parties to enact such statutes, provided, however, that nothing in this paragraph shall prevent the nationals of either High Contracting Party from entering, traveling and residing in the territories of the other Party in order to carry on international trade or to engage in any commercial activity related to or connected with the conduct of international trade on the same terms as nationals of the most favored nation.

[Page 836]

Article II

With respect to that form of protection granted by National, State or Provincial laws establishing civil liability for bodily injuries or for death, and giving to relatives or heirs or dependents of an injured person a right of action or a pecuniary compensation, such relatives or heirs or dependents of the injured person, himself a national of either of the High Contracting Parties and injured 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.

Article III

The dwellings, warehouses, manufactories, shops, and other places of business, and all premises thereto appertaining to 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 of the State of residence.

Article IV

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 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 shall 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 mortuary and sanitary laws and regulations of the place of burial.

Article V

The nationals of each of the High Contracting Parties shall, in the territories of the other, be exempt from compulsory military service, on land, on sea, or in the air, in the regular forces, or in the national guard, or in the militia; from all contributions in money or in kind, imposed in lieu of personal military service, and from all forced loans or military contributions. They shall not be subjected, in time of peace or in time of war, to military requisitions except as imposed upon nationals, or the nationals of the most favored nation.

[Page 837]

Article VI

The nationals of each of the High Contracting Parties shall have in the territories of the other the same rights as nationals of that High Contracting Party in regard to patents for inventions, trademarks, trade names, designs and copyright in literary and artistic works, upon fulfillment of the formalities prescribed by law.

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, subject always to the laws of the country to which they thus come.

Article VIII

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, and with respect to all laws or regulations affecting the sale, taxation, or use of imported goods within the country, any advantage, favor, privilege or immunity which has been or may hereafter be granted by either High Contracting Party 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 other High Contracting Party.

Neither of the High Contracting Parties shall establish or maintain any import or export prohibition or restriction on any article originating in or destined for the territories of the other High Contracting Party which is not applied to the like article originating in or destined for any third country. Any withdrawal of an import or export prohibition or restriction which may be granted even temporarily by either High Contracting Party in favor of an article originating in or destined for a third country shall be applied immediately and unconditionally to the like article originating in or destined for the territories of the other High Contracting Party.

If either High Contracting Party establishes or maintains any form of quantitative restriction or control of the importation or sale of any article in which the other High Contracting Party has an interest, or imposes a lower import duty or charge on the importation or sale of a specified quantity of any such article than the duty or charge imposed on importations in excess of such quantity, the High [Page 838]Contracting Party taking such action shall, upon request, inform the other High Contracting Party as to the total quantity, or any change therein, of any such article permitted to be imported or sold or permitted to be imported or sold at such lower duty or charge during a specified period, and shall allot to the other High Contracting Party for such specified period a proportion of such total quantity as originally established or subsequently changed in any manner equivalent to the proportion of the total importation of such article which the other High Contracting Party supplied during a previous representative period, unless it is mutually agreed to dispense with such allotment. Neither of the High Contracting Parties shall regulate the total quantity of importations into its territory or of sales therein of any article in which the other High Contracting Party has an interest by import licenses or permits issued to individuals or organizations, unless the total quantity of such article permitted to be imported or sold during a quota period of not less than three months shall have been established, and unless the regulations covering the issuance of such licenses or permits shall have been made public before such regulations are put into force.

If either High Contracting Party establishes or maintains, directly or indirectly, any form of control of the means of international payment, it shall, in the administration of such control:

(a)
Impose no prohibition, restriction, or delay on the transfer of payment for imported articles the growth, produce, or manufacture of the other High Contracting Party, or of payments necessary for and incidental to the importation of such articles;
(b)
Accord unconditionally, with respect to rates of exchange and taxes or surcharges on exchange transactions in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, treatment no less favorable than that accorded in connection with the importation of any article whatsoever the growth, produce, or manufacture of any third country; and
(c)
Accord unconditionally, with respect to all rules and formalities applying to exchange transactions in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, treatment no less favorable than that accorded in connection with the importation of the like article the growth, produce, or manufacture of any third country.

With respect to non-commercial transactions, each High Contracting Party shall apply any form of control of the means of international payment in a non-discriminatory manner as between the nationals of the other High Contracting Party and the Nationals of any third country.

In the event that either High Contracting Party establishes or maintains a monopoly for the importation, production or sale of a [Page 839]particular product or grants exclusive privileges, formally or in effect, to one or more agencies to import, produce or sell a particular product, the High Contracting Party establishing or maintaining such monopoly, or granting such monopoly privileges, shall, in respect of the foreign purchases of such monopoly or agency, accord the commerce of the other High Contracting Party fair and equitable treatment. In making its foreign purchases of any article such monopoly or agency shall be influenced solely by those considerations, such as price, quality, marketability, and terms of sale, which would ordinarily be taken into account by a private commercial enterprise interested solely in purchasing such product on the most favorable terms.

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 advantages 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 to 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, vessels, and goods.

Article IX

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 Siamese vessels, 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 Siam or are or may be legally exported therefrom in Siamese vessels may likewise be imported into those 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 Siamese vessels.

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 in like [Page 840]manner be allowed on goods imported or exported in vessels of the other country.

Article X

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

Article XI

The vessels of war of each of the High Contracting Parties may enter, remain and make repairs in those ports and places of the other to which the vessels of war of any other nation are accorded access; and they shall submit to the same regulations and enjoy the same honors, advantages, privileges and exemptions as are now, or may hereafter be conceded to the vessels of war of any other nation.

Article XII

Any ship of war or merchant vessel of either of the High Contracting Parties which may Be compelled by stress of weather, or by reason of any other distress, to take shelter in a port or place of the other shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such as would be payable by national vessels in like circumstances. In case, however, the master of a merchant vessel should be under the necessity of disposing of a part of his cargo in order to defray expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come.

If any ship of war or merchant vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall give prompt notice of the occurrence to the nearest Consular Officer of the other Party.

Such stranded or wrecked ship or vessel and all parts thereof, and all equipment and appurtenances belonging thereto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them.

If such owners or agents are not on the spot, the aforesaid property or proceeds from the sale thereof and the papers found on board the vessel shall be delivered to the proper Consular Officer of the High Contracting Party whose vessel is wrecked or stranded, provided that such Consular Officer shall make claim within the period fixed by the [Page 841]laws, ordinances and regulations of the country in which the wreck or stranding has occurred; and such Consular Officer, owners or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck or stranding of a national vessel.

The goods and merchandise saved from the wreck or stranding shall be exempt from all duties of the customs unless cleared for consumption, in which case they shall pay ordinary duties.

In the case of a ship or vessel belonging to the nationals of one of the High Contracting Parties being driven in by stress of weather or by reason of any other distress, run aground or wrecked in the territories of the other, the proper Consular Officer of the High Contracting Party to which the vessel belongs, shall, if the owners or their agents are not present, or are present but request it, be permitted to interpose in order to afford appropriate assistance to the nationals of his State.

Article XIII

The vessels and cargoes of each of the High Contracting Parties shall, within the territorial waters and harbors of the other Party, in all respects and unconditionally be accorded the same treatment as the vessels and cargoes of that Party, irrespective of the port of departure of the vessel, or of the port of destination, and irrespective of the origin or the destination of the cargo. No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duties or charges of whatever nature or of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories or territorial waters of either country upon the vessels of the other country, which shall not equally, under the same conditions, be imposed on national vessels. In no case shall the treatment accorded to the vessels and cargoes of one of the Parties be less favorable than that accorded to the vessels and cargoes of any third State.

Article XIV

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 XV

Merchant vessels and other privately owned vessels under the flag of either of the High Contracting Parties shall be permitted to discharge [Page 842]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 nationals and vessels of either High Contracting Party shall, within the territories of the other Party, enjoy with respect to the coasting trade most-favored-nation treatment.

Article XVI

In all that concerns the entering, clearing, stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbors, or rivers of the two countries, no privilege shall be granted to vessels of a third Power which shall not equally be granted to vessels of the other country, the intention of the High Contracting Parties being that in these respects the vessels of each shall receive the treatment accorded to vessels of the most favored nation.

Article XVII

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 which maintain central offices 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 Justice, 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.

The right of corporations and associations of either High Contracting Party which have been so recognized by the other to establish themselves in the territories of the other Party or to 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 XVIII

The nationals of either High Contracting Party shall enjoy within the territories of the other, upon compliance with the conditions [Page 843]there imposed, such rights and privileges as have been or may hereafter be accorded the nationals of any other State with respect to 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 conditions 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 carry on their activities. The foregoing stipulations do not apply to organization of and participation in political associations.

The nationals, including corporations and associations, of either High Contracting Party shall enjoy in the territories of the other Party, upon compliance with the conditions there imposed, most favored nation treatment in respect of the exploration for and exploitation of mineral resources; provided that neither Party shall be required to grant rights and privileges in respect of the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain, or in respect of the ownership of stock in domestic corporations engaged in such operations, greater than its nationals, corporations and associations receive from the other Party.

It is understood, however, that neither High Contracting Party shall be required by anything in this paragraph to grant any application for any such right or privilege if at the time such application is presented the granting of all similar applications shall have been suspended or discontinued.

Article XIX

Commercial travelers representing manufacturers, merchants and traders and 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 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 requires the presentation of an authentic document establishing the identity and authority of a commercial [Page 844]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 XX

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, going to or passing 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 or regulations. The measures of a general or particular character which either of the High Contracting Parties may be obliged to take in case of an emergency affecting the safety of the State or vital interests of the country may, in exceptional cases and for as short a period as possible, involve a deviation from the provisions of this paragraph, it being understood, however, that the principle of freedom of transit shall be observed to the utmost possible extent.

Persons and goods in transit shall not be subjected to any transit duty, or to any unnecessary delays or restrictions, or to any discrimination as regards charges, facilities or any other matter.

Goods in transit must be entered at the proper customhouse, 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.

Nothing in this Article shall affect the right of either of the High Contracting Parties to prohibit or restrict the transit of arms, munitions and military equipment in accordance with treaties or conventions that may have been or may hereafter be entered into by either Party with other countries.

Article XXI

The Government of each High Contracting Party shall have the right to acquire and own land and buildings required for diplomatic or consular premises in the territories of the other High Contracting Party and also to erect buildings in such territories for the purposes stated, subject to local building regulations.

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 purposes by that owner shall be exempt from taxation of every kind, National, State, Provincial and Municipal, other than [Page 845]assessments levied for services or local public improvements by which the premises are benefited.

Article XXII

Nothing in this Treaty shall be construed to prevent the adoption of measures prohibiting or restricting the exportation or importation of gold or silver, or to prevent the adoption by either High Contracting Party of such measures as it may see fit with respect to the prohibition or the control of the export, or sale for export, of arms, ammunition, or implements of war, and, in exceptional circumstances, all other military supplies.

Subject to the requirement that, under like circumstances and conditions, there shall be no arbitrary discrimination by either High Contracting Party against the other High Contracting Party in favor of any third country, the stipulations of this Treaty shall not extend to prohibitions or restrictions (1) imposed on moral or humanitarian grounds; (2) designed to protect human, animal, or plant life or health; (3) relating to prison-made goods; (4) relating to the enforcement of police or revenue laws.

The stipulations of this Treaty do not extend to advantages now accorded or which may hereafter be accorded to neighboring States in order to facilitate short frontier traffic, or to advantages resulting from a customs union to which either High Contracting Party may become a party, so long as such advantages are not extended to any other country.

The stipulations of this Treaty do not extend to advantages now accorded or which may hereafter be accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another or to the Republic of Cuba. The provisions of this paragraph shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another irrespective of any change in the political status of any of the territories or possessions of the United States of America.

Article XXIII

Each of the High Contracting Parties may appoint Consuls General, Consuls, Vice Consuls and other Consular Officers or Agents to reside in the towns and ports of the territories of the other where similar officers of any other Power are permitted to reside.

Such Consular Officers and Agents, however, shall not enter upon their functions until they shall have been approved and admitted by the Government to which they are sent.

They shall be entitled on condition of reciprocity to exercise all the powers and enjoy all the honors, privileges, exemptions and immunities [Page 846]of every kind which are, or may be, accorded to Consular Officers of the most favored nation.

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 locality 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.

In case of the death of a national of either of the High Contracting Parties without will or testament and without any known heirs resident in the country of his decease, the consular officer of the country of which the deceased was a national shall be appointed administrator of the estate of the deceased, provided the regulations of his own Government permit such appointment and provided such appointment is not in conflict with local law and the tribunal having jurisdiction has no special reasons for appointing someone else.

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

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 and water over which the Parties, respectively, claim and exercise dominion as sovereign thereof, except the Panama Canal Zone.

[Page 847]

Article XXVI

The present Treaty shall, from the date of its entry into force, be substituted for the Treaty of Friendship, Commerce and Navigation between Siam and the United States of America signed at Washington on the 16th December 1920, and from this date the said Treaty of 1920 and all arrangements and agreements subsidiary thereto concluded or existing between the High Contracting Parties shall cease to be binding.

Article XXVII

The present Treaty shall enter into force in all of its provisions on the day of the exchange of ratifications and shall continue in force for the term of five years from that day.

If within one year before the expiration of five years from the day on which the present Treaty shall enter into force, neither High Contracting Party notifies to the other Party an intention of terminating the Treaty upon the expiration of the aforesaid period of five years, the Treaty shall remain in full force and effect after the aforesaid period and until one year from the day on which either of the High Contracting Parties shall have notified to the other Party an intention of terminating it.

In witness whereof the undersigned plenipotentiaries have hereunto signed their names and affixed their seals, this . . . . . day of . . . . . in the nineteen hundred and . . . . . year of the Christian era, corresponding to the . . . . . day in the month of . . . . . in the two thousand four hundred and . . . . . year of the Buddhist era.

[Enclosure 2]

Draft (2) of Treaty of Friendship, Commerce and Navigation Between the United States of America and Siam

Article 1

There shall be constant peace and perpetual friendship between the United States of America and the Kingdom of Siam. The nationals of each of the High Contracting Parties shall be permitted to enter, travel and reside in the territories of the other, to carry on their commerce and manufacture, to trade in all kinds of merchandise of lawful commerce, to engage in religious, educational and charitable work, to own or lease and occupy houses, manufactories, warehouses and shops, to employ agents of their choice, to lease land for residential, commercial, industrial, religious and charitable purposes, and for use as cemeteries, and generally to do anything incident to or necessary for the enjoyment of any of the foregoing privileges upon the [Page 848]same terms as nationals of the State of residence or on the same terms as the nationals of the most favored nation, submitting themselves to the laws and regulations there established.

They shall not be compelled, under any pretext whatsoever, to pay any internal charges or taxes other or higher than those that are or may be paid by nationals of the State of residence.

The nationals of each of the High Contracting Parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or may be granted to nationals of the State of residence on their submitting themselves to the conditions imposed upon nationals of the State of residence. They shall also enjoy in this respect that degree of protection and security that is required by international law. Their property shall not be taken without due process of law or without payment of just compensation.

They shall be exempt in the territories of the other from compulsory military service on land, on sea, or in the air, in the regular forces, or in the national guard, or in the militia; from all contributions in money or in kind, imposed in lieu of personal military service, and from all forced loans or military contributions. They shall not be subjected, in time of peace or in time of war, to military requisitions except as imposed upon nationals, or nationals of the most favored nation.

The nationals of each of the High Contracting Parties shall enjoy in the territories of the other entire liberty of conscience, and, subject to the local laws, ordinances and regulations, shall enjoy the right of private and public exercise of their worship.

In all that relates to callings and professions, the nationals of each of the High Contracting Parties shall throughout the whole extent of the territories of the other on condition of reciprocity be placed in all respects on the same footing as the nationals of the most favored nation. Furthermore, upon compliance with the provisions of local law, the nationals, including corporations, partnerships and associations of each of the High Contracting Parties, shall, in the territory of the other High Contracting Party, have the right to acquire, possess and dispose of every kind of movable property on the same terms as the nationals, including corporations, partnerships and associations, of such other Party.

[Paragraph with respect to immovable property to be supplied later.]13

The nationals, including corporations and associations, of either High Contracting Party shall enjoy in the territories of the other Party, upon compliance with the conditions there imposed, most [Page 849]favored nation treatment in respect of the exploration for and exploitation of mineral resources; provided that neither Party shall be required to grant rights and privileges in respect of the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain, or in respect of the ownership of stock in domestic corporations engaged in such operations, greater than its nationals, corporations and associations receive from the other Party.

It is understood, however, that neither High Contracting Party shall be required by anything in this paragraph to grant any application for any such right or privilege if at the time such application is presented the granting of all similar applications shall have been suspended or discontinued.

Article 2

The dwellings, warehouses, manufactories, shops and other places of business and all other property of the nationals of each of the High Contracting Parties in the territories of the other, and all premises appertaining thereto used for any purposes set forth in Article 1 shall be respected. It shall not be allowable to proceed to make a domiciliary visit to, or a search of, any such buildings and premises, or to examine or inspect books, papers, or accounts, except under the conditions and in conformity with the forms prescribed by the laws, ordinances and regulations for nationals of the State of residence.

Article 3

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 ships and cargoes to all places, ports and rivers in the territories of the other which are or may be opened to foreign commerce and navigation, subject always to the laws of the country to which they thus come.

Neither High Contracting Party shall establish or maintain prohibitions or restrictions on imports from or exports to the territories of the other Party which are not applied to the import and export of any like article originating in or destined for any other country. Any withdrawal of an import or export prohibition or restriction which is granted even temporarily by one of the High Contracting Parties in favor of any article originating in or destined for a third country shall be applied immediately and unconditionally to the like article originating in or destined for the territories of the other Party.

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, measures prohibiting or restricting the exportation or importation of gold or silver, or measures for the prohibition or the control of [Page 850]the export, or sale for export, of arms, ammunition or implements of war, and, in exceptional circumstances, all other military supplies.

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, subject to the principle of non-discriminatory treatment:

(1)
Prohibitions, restrictions or regulations for the enforcement of police or revenue laws, including laws prohibiting or restricting the importation, exportation, or sale of alcohol or alcoholic beverages or of opium, the coca leaf, their derivatives, and other narcotic drugs, as well as other laws imposed upon articles the internal production, consumption, sale or transport of which is or may be forbidden or restricted by the national law;
(2)
Prohibitions or restrictions necessary for the protection of national or public security or health, or for the protection of animal or plant life against disease, harmful pests or extinction;
(3)
Prohibitions or restrictions upon articles which, as regards production or trade, are or may hereafter be subject within the country to a monopoly exercised by or under the control of the State;
(4)
Prohibitions or restrictions relating to prison-made goods, or imposed on moral or humanitarian grounds.

If either High Contracting Party establishes or maintains import or customs quotas or other quantitative restrictions on the importation of any article in which the other High Contracting Party has an interest, or regulates the importation of any such article by means of licenses or permits, the High Contracting Party taking such action shall, upon request, inform the other High Contracting Party of the total quantity of any such article permitted to be imported and shall allot to the other High Contracting Party a share of the total permissible imports of such article equivalent to the proportion of the total importation of such article which the other High Contracting Party supplied during a previous representative period, unless it is mutually agreed to dispense with such allotment.

If either High Contracting Party establishes or maintains, directly or indirectly, any form of control of the means of international payment, it shall, in the administration of such control:

(a)
Impose no prohibition, restriction, nor delay on the transfer of payment for imported articles the growth, produce, or manufacture of the other High Contracting Party, or of payments necessary for and incidental to the importation of such articles;
(b)
Accord unconditionally, with respect to rates of exchange and taxes or surcharges on exchange transactions in connection with payments for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, treatment no less favorable than that accorded in connection with the importation of any article whatsoever the growth, produce, or manufacture of any third country; and
(c)
Accord unconditionally, with respect to all rules and formalities applying to exchange transactions in connection with payments [Page 851]for or payments necessary and incidental to the importation of articles the growth, produce, or manufacture of the other High Contracting Party, treatment no less favorable than that accorded in connection with the importation of the like articles the growth, produce, or manufacture of any third country.

With respect to non-commercial transactions, each High Contracting Party shall apply any form of control of the means of international payment in a non-discriminatory manner as between the nationals of the other High Contracting Party and the nationals of any third country.

Article 4

In the event that the Government of the United States of America or the Government of Siam establishes or maintains a monopoly for the importation, production or sale of a particular commodity, or grants exclusive privileges, formally or in effect, to one or more agencies to import, produce or sell a particular commodity, the Government of the country establishing or maintaining such monopoly, or granting such monopoly privileges, agrees that in respect of the foreign purchases of such monopoly or agency the commerce of the other country shall receive fair and equitable treatment. To this end it is agreed that in making its foreign purchases of any product such monopoly or agency will be influenced solely by those considerations, such as price, quality, marketability, and terms of sale, which would ordinarily be taken into account by a private commercial enterprise interested solely in purchasing such product on the most favorable terms.

Article 5

The nationals of each of the High Contracting Parties shall have free access to the Courts of Justice of the other in pursuit and defense of their rights; they shall be at liberty, equally with nationals of the State of residence and with the nationals of the most favored nation, to choose and employ lawyers, advocates and representatives to pursue and defend their rights before such Courts.

There shall be imposed upon the nationals of either of the High Contracting Parties no conditions or requirements in connection with such access to the Courts of Justice of the other which do not apply to nationals of the State of residence or to the nationals of the most favored nation.

Article 6

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 which maintain [Page 852]central offices 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 Justice, 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.

The right of corporations and associations of either High Contracting Party which have been so recognized by the other to establish themselves in the territories of the other Party or to 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 7

The nationals and goods, products, wares and merchandise of each High Contracting Party within the territories of the other shall receive the same treatment as nationals and goods, products, wares 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 export bounties.

Article 8

No duties of tonnage, harbor, pilotage, lighthouse, quarantine or other similar or corresponding duties or charges of whatever nature or of whatever denomination levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories or territorial waters of either country upon the vessels of the other country, which shall not equally and under the same conditions be imposed in the like cases on national vessels. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive and whatever may be their place of destination. In no case shall the treatment accorded to the vessels and cargoes of one of the Parties be less favorable than that accorded to the vessels and cargoes of any third State.

Article 9

Each of the High Contracting Parties binds itself, in all that pertains to the amount and collection of duties and other charges on or in connection with importation or exportation, and with respect to all rules and formalities in connection with importation and exportation, and with respect to all laws or regulations affecting the sale, taxation, or use of imported goods within the country, to grant to the nationals, vessels or goods of the other the advantage of every favor, privilege or immunity which it accords or may hereafter accord [Page 853]to the nationals, vessels or goods of any other State, regardless of whether such other State shall have been accorded such treatment gratuitously or in return for reciprocal compensatory treatment.

Article 10

The nationals of each of the High Contracting Parties shall have in the territories of the other the same rights as nationals of that High Contracting Party in regard to patents for inventions, trademarks, trade-names, designs and copyright in literary and artistic works, upon fulfillment of the formalities prescribed by law.

Article 11

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 nationals and vessels of either High Contracting Party shall within the territories of the other Party enjoy with respect to the coasting trade most-favored-nation treatment.

Article 12

In all that concerns the entering, clearing, stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbors, or rivers of the two countries, no privilege shall be granted to vessels of a third Power which shall not equally be granted to vessels of the other country, the intention of the High Contracting Parties being that in these respects the vessels of each shall receive the treatment accorded to vessels of the most favored nation.

Article 13

Any ship of war or merchant vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port or place of the other shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such [Page 854]as would be payable by national vessels in like circumstances. In case, however, the master of a merchant vessel should be under the necessity of disposing of a part of his cargo in order to defray expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come.

If any ship of war or merchant vessel of one of the High Contracting Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall give prompt notice of the occurrence to the nearest Consular Officer of the other Party.

Such stranded or wrecked ship or vessel and all parts thereof, and all equipment and appurtenances belonging thereto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them.

If such owners or agents are not on the spot, the aforesaid property or proceeds from the sale thereof and the papers found on board the vessel shall be delivered to the proper Consular Officer of the High Contracting Party whose vessel is wrecked or stranded, provided that such Consular Officer shall make claim within the period fixed by the laws, ordinances and regulations of the country in which the wreck or stranding has occurred; and such Consular Officer, owners or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck or stranding of a national vessel.

The goods and merchandise saved from the wreck or stranding shall be exempt from all duties of the customs unless cleared for consumption, in which case they shall pay ordinary duties.

In the case of a ship or vessel belonging to the nationals of one of the High Contracting Parties being driven in by stress of weather or by reason of any other distress, run aground or wrecked in the territories of the other, the proper Consular Officer of the High Contracting Party to which the vessel belongs, shall, if the owners or their agents are not present, or are present but request it, be permitted to interpose in order to afford appropriate assistance to the nationals of his State.

Article 14

The vessels of war of each of the High Contracting Parties may enter, remain and make repairs in those ports and places of the other to which the vessels of war of any other nation are accorded access; and they shall submit to the same regulations and enjoy the same honors, advantages, privileges and exemptions as are now, or may hereafter be conceded to the vessels of war of any other nation.

[Page 855]

Article 15

Each of the High Contracting Parties may appoint Consuls General, Consuls, Vice Consuls and other Consular Officers or Agents to reside in the towns and ports of the territories of the other where similar officers of any other Power are permitted to reside.

Such Consular Officers and Agents, however, shall not enter upon their functions until they shall have been approved and admitted by the Government to which they are sent.

They shall be entitled on condition of reciprocity to exercise all the powers and enjoy all the honors, privileges, exemptions and immunities of every kind which are, or may be, accorded to Consular Officers of the most favored nation.

The Government of each High Contracting Party shall have the right to acquire and own land and buildings required for diplomatic or consular premises in the territories of the other High Contracting Party and also to erect buildings in such territories for the purposes stated, subject to local building regulations.

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 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 16

In case of the death of a national of either High Contracting Party in the territory of the other without having in the locality 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.

[Page 856]

In case of the death of a national of either of the High Contracting Parties without will or testament and without any known heirs resident in the country of his decease, the consular officer of the country of which the deceased was a national shall be appointed administrator of the estate of the deceased, provided the regulations of his own Government permit such appointment and provided such appointment is not in conflict with local law and the tribunal having jurisdiction has no special reasons for appointing someone else.

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 17

It is understood by the High Contracting Parties that the stipulations contained in this Treaty do not in any way affect, supersede, or modify any of the laws, ordinances and regulations with regard to naturalization, immigration, police and public security which are in force or which may be enacted in either of the two countries.

Article 18

The provisions of the present Treaty as regards the most-favored-nation treatment do not apply to:

1)
Favors now granted or which may hereafter be granted to an adjoining State to facilitate frontier traffic;
2)
Favors now granted or which may hereafter be granted to a third State in virtue of a Customs Union;
3)
Favors now contractually granted or which may hereafter be contractually granted to a third State for the avoidance of double taxation or the mutual protection of revenue;
4)
Favors now granted or which may hereafter be granted to an adjoining State with regard to navigation on or use of boundary waterways not navigable from the sea;
5)
Advantages now accorded or which may hereafter be accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another or to the Republic of Cuba. The provisions of this paragraph shall continue to apply in respect of any advantages now or hereafter accorded by the United States of America, its territories or possessions or the Panama Canal Zone to one another, irrespective of any change in the political status of any of the territories or possessions of the United States of America.

Article 19

The present Treaty shall, from the date of its entry into force, be substituted for the Treaty of Friendship, Commerce and Navigation between Siam and the United States of America signed at Washington [Page 857]on the 16th December 1920, and from this date the said Treaty of 1920 and all arrangements and agreements subsidiary thereto concluded or existing between the High Contracting Parties shall cease to be binding.

Article 20

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 and water over which the Parties, respectively, claim and exercise dominion as sovereign thereof, except the Panama Canal Zone.

Article 21

The present Treaty shall remain in force for 5 years from the date on which it enters into force.

In case neither of the High Contracting Parties shall have notified 12 months before the expiration of the said 5 years the intention of terminating it, the Treaty shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have notified to the other Party an intention of terminating it.

It is clearly understood, however, that termination of the present Treaty as above provided for shall not have the effect of reviving any of the Treaties, Conventions, Arrangements, or Agreements abrogated by the present Treaty.

Article 22

This Treaty shall be ratified, and the ratifications thereof shall be exchanged at Bangkok, as soon as possible, and the said Treaty shall enter into force on the date of the exchange of ratifications.

In witness whereof the undersigned Plenipotentiaries have hereto signed their names and affixed their seals, this . . . . . day of . . . . . in the nineteen hundred and . . . . . year of the Christian era, corresponding to the . . . . . day in the month of . . . . . in the two thousand four hundred and . . . . . year of the Buddhist era.

  1. Ibid., 1936, vol. iv, p. 999.
  2. Ibid., 1921, vol. ii, p. 867.
  3. Missing from Department files.
  4. Missing from Department files.
  5. Enclosure 1, p. 834.
  6. Enclosure 2, p. 847.
  7. Brackets appear in the original.
  8. Brackets appear in the original.