SIAM. TREATY AND PROTOCOL REVISING TREATIES HITHERTO EXISTING. Signed at Washington December 16, 1920; ratification advised by the Senate April 27, 1921; ratified by the President May 6, 1921; ratified by Siam April 29, 1921; ratifications exchanged at Bangkok September 1, 1921; proclaimed October 12, 1921. (Treaty Series, No. 655; 42 Statutes at Large.) ARTICLES. I. Peace and friendship; mutual rights. II. Rights of domicile. III. Freedom of trade; prohibited commerce. IV. Administration of justice. V. Corporations, companies, or as- VI. Most-favored-nation clause. XI. Privileges to ships of war. XII. Patents, trademarks, trade names, designs, and copyrights. XIII. Consular officers and agents. XIV. Death of national in other country. XV. Does not affect certain national laws. XVI. Supersedes treaties of 1833, 1856, and 1884. XVII. Effect; duration; denunciation. XVIII. Ratification. The President of the United States of America and His Majesty the King of Siam being desirous of strengthening the relations of amity and good understanding which happily exist between the two States, and being convinced that this cannot be better accomplished than by revising the treaties hitherto existing between the two countries, have resolved to complete such revision, based upon the principles of equity and mutual benefit, and for that purpose have named as their Plenipotentiaries, that is to say: The President of the United States of America: Norman H. Davis, Acting Secretary of State of the United States, His Majesty the King of Siam: Phya Prabha Karavongse, Envoy Extraordinary and Minister Plenipotentiary of Siam to the United States; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles: ARTICLE I. There shall be constant peace and perpetual friendship between the United States of America and the Kingdom of Siam. The citi zens or subjects of each of the High Contracting Parties shall have 29479-S. Doc. 348, 67-424 2829 liberty to enter, travel and reside in the territories of the other, to carry on trade, wholesale and retail, 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, religious and charitable purposes and for use as cemeteries, and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects, submitting themselves to the laws and regulations there established. They shall not be compelled under any pretext whatever, to pay any internal charges or taxes other or higher than those that are or may be paid by native citizens or subjects. The citizens or subjects 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 native citizens or subjects, on their submitting themselves to the conditions imposed upon the native citizens or subjects. They shall, however, be exempt in the territories of the other from compulsory military service either on land or sea, in the regular forces, or in the national guard, or in the militia; from all contributions imposed in lieu of personal military service, and from all forced loans or military exactions or contributions. The citizens and subjects of both of the High Contracting Parties shall enjoy in the territories and possessions of the High Contracting Parties entire liberty of conscience, and, subject to the laws, ordinances and regulations, shall enjoy the right of private or public exercise of their worship. ARTICLE II. The dwellings, warehouses, manufactories and shops and all other property of the citizens or subjects of each of the High Contracting Parties in the territories of the other, and all premises appertaining thereto used for purposes of residence or commerce, 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 with the forms prescribed by the laws, ordinances and regulations for nationals. ARTICLE III. There shall be reciprocally full and entire freedom of commerce and navigation between the territories and possessions of the two High Contracting Parties. The citizens or subjects of either of the High Contracting Parties shall have liberty freely and securely to come with their ships' cargoes to all places, ports and rivers in the territories of the other, which are or hereafter may be opened to foreign commerce and navigation; except as regards spirituous, distilled or fermented drinks or alcoholic liquors or alcohol, and opium and the derivatives thereof and cocaine, heroin and other narcotic drugs, included within the scope of the International Opium Convention signed at The Hague, January 23, 1912, and arms and ammunition, the trade in all of which may, subject to the principle of most favored nation treatment, be regulated and restricted at will by each of the High Contracting Parties within its territories and possessions, the sale and resale, by any person or organization whatsoever, of goods which are the produce or manufacture of one of the High Contracting Parties, within the territories and possessions of the other, shall be exempt from all governmental restrictions and limitations designed or operating to create or maintain any monopoly or "farm" for the profit either of the Government or of a private individual or organization. ARTICLE IV. The citizens or subjects 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 the native citizens or subjects, and with the citizens or subjects 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 no conditions or requirements imposed upon American citizens in connection with such access to the Courts of Justice in Siam, which do not apply to native citizens or subjects or to the citizens or subjects of the most favored nation. ARTICLE V. Limited-liability and other companies and associations, already or hereafter to be organized in accordance with the laws of either High Contracting Party and domiciled in the territories of such Party, are authorized, in the territories of the other, to exercise their rights and appear in the courts either as plaintiffs or defendants, subject to the laws of such other Party. There shall be no conditions or requirements imposed upon American corporations, companies or associations, in connection with such access to the Courts of Justice in Siam, which do not apply to such native corporations, companies, or associations, or to the corporations, companies or associations of the most favored nation. ARTICLE VI. The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories and possessions of the other a perfect equality of treatment with native citizens or subjects and with citizens or subjects of the most favored nation, in all that relates to transit duties, warehousing. bounties, facilities, and the examina-tion and appraisement of merchandise. ARTICLE VII. The United States of America recognizes that the principle of national autonomy should apply to the Kingdom of Siam in all that For text see below, p. 3025. pertains to the rates of duty on importations and exportations of merchandise, drawbacks, and transit and all other taxes and impositions; and subject to the condition of equality of treatment with other nations in these respects, the United States of America agrees to assent to increases by Siam in its tariff to rates higher than those established by existing treaties,-on the further condition, however, that all other nations entitled to claim special tariff treatment in Siam assent to such increases freely and without the requirement of any compensatory benefit or privilege. ARTICLE VIII. 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 IX. The coasting trade of both the High Contracting Parties is excepted from the provisions of the present treaty, and shall be regulated according to the laws, ordinances, and regulations of the United States of America and of Siam, respectively. It is, however, understood that citizens of the United States of America in the territories and possessions of His Majesty the King of Siam and Siamese citizens or subjects in the territories and possessions of the United States of America shall enjoy in this respect the rights which are, or may be, granted under such laws, ordinances and regulations to the citizens or subjects of other nations. ARTICLE X 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 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 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 the 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 Consular Officer residing in the district, or to the nearest Consular Officer of the other Power. Such stranded or wrecked ship or vessel and all parts thereof, and all furniture 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 occurred, and such Consular Officers, 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 the wreck of a national vessel. The goods and merchandise saved from the wreck 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 citizens or subjects of one of the High Contracting Parties being driven in by stress of weather, run aground or wrecked in the territories or possessions of the other, the proper Consular Officers of the High Contracting Party to which the vessel belorgs, shall, if the owners or their agents are not present, or are present but require it, be authorized to interpose in order to afford the necessary assistance to the citizens or subjects of his State. 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 other nations are accorded access; they shall there 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. The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories and possessions of the other, upon fulfilment of the formalities prescribed by law, the same protection as native citizens or subjects, or the citizens or subjects of the nation most favored in these respects, in regard to patents, trade-marks, trade-names, designs and copyrights. ARTICLE XIII. 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 and possessions of the other where similar officers of other Powers 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 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. |