ARTICLE VII. The High Contracting Parties agree to consider the decision of the Commission as final and conclusive upon each claim decided, and to give full effect to such decisions. They further agree to consider the result of the proceedings of the Commission as a full, perfect and final settlement of every such claim upon either Government, for loss or damage sustained prior to the exchange of the ratifications of the present Convention. And they further agree that every such claim, whether or not filed and presented to the notice of, made, preferred or submitted to such Commission, shall from and after the conclusion of the proceedings of the Commission, be considered and treated as fully settled, barred, and thenceforth inadmissible, provided in the case of the claims filed with the Commission that such claims have been heard and decided. This provision shall not apply to the so-called Colon Fire Claims, which will be disposed of in the manner provided for in Article I of this Convention. ARTICLE VIII. The total amount awarded in all the cases decided in favor of the citizens of one country shall be deducted from the total amount awarded to the citizens of the other country, and the balance shall be paid at the City of Panama or at Washington, in gold coin or its equivalent within one year from the date of the final meeting of the Commission, to the Government of the country in favor of whose citizens the greater amount may have been awarded. ARTICLE IX. Each Government shall pay its own Commissioner and bear its own expenses. The expenses of the Commission including the salary of the third Commissioner shall be defrayed in equal proportions. by the two Governments. ARTICLE X. The present Convention shall be ratified by the High Contracting Parties in accordance with their respective Constitutions. Ratifications of this Convention shall be exchanged in Washington as soon as practicable and the Convention shall take effect on the date of the exchange of ratifications. In witness whereof, the respective plenipotentiaries have signed and affixed their seals to this Convention. Done in duplicate in Washington this twenty-eighth day of July 1926. [SEAL] [SEAL FRANK B KELLOGG AND WHEREAS the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the third day of October, one thousand nine hundred and thirty-one; 177402-34- -54 Now, THEREFORE, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the city of Washington this sixth day of October in the year of our Lord one thousand nine hundred and thirty[SEAL] one, and of the Independence of the United States of America the one hundred and fifty-sixth. By the President: HENRY L STIMSON Secretary of State. HERBERT HOOVER APPENDIX II CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND PANAMA MODIFYING CLAIMS CONVENTION OF JULY 28, 19261 Signed at Panamá, December 17, 1932. Ratification advised by the Senate of the United States, February 18, 1933. Ratified by the President of the United States, February 23, 1933. Ratified by Panama, March 20, 1933. Ratifications exchanged at Panamá, March 25, 1933. Proclaimed by the President of the United States, March 30, 1933. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS, a convention between the United States of America and the Republic of Panama to modify certain provisions of the convention for the settlement and amicable adjustment of claims presented by the citizens of each country against the other, signed at Washington on July 28, 1926, was concluded and signed by their respective plenipotentiaries at Panama on the seventeenth day of December, one thousand nine hundred and thirty-two, the original of which convention, being in the English and Spanish languages, is word for word as follows: The United States of America and the Republic of Panama desiring to modify certain provisions of a Convention for the settlement and amicable adjustment of claims presented by the citizens of each country against the other, signed at Washington July 28, 1926, have decided to conclude a Convention for that purpose and have nominated as their plenipotentiaries: The President of the United States of America, Mr. Roy Tasco Davis, Envoy Extraordinary and Minister Plenipotentiary of the United States to Panama; and 1 [Treaty Series, No. 860.] 841 The President of the Republic of Panama, His Excellency Doctor J. Demóstenes Arosemena, Secretary for Foreign Affairs of the Republic of Panama; who after having communicated to each other their respective full powers found to be in due and proper form, have agreed upon the following articles: ARTICLE I The second paragraph of Article VI of the Convention between the United States of America and the Republic of Panama for the settlement and amicable adjustment of claims by citizens of each country against the other, signed at Washington July 28, 1926, is amended to read as follows: The Commission shall be bound to hear, examine and decide, before July 1, 1933, all the claims filed on or before October 1, 1932. ARTICLE II Article VIII of the Claims Convention signed at Washington on July 28, 1926, by plenipotentiaries of the United States of America and the Republic of Panama is amended to read as follows: The total amount awarded in all the cases decided in favor of the citizens of one country shall be deducted from the total amount awarded to the citizens of the other country, and the balance shall be paid at the city of Panama or at Washington, in gold coin or its equivalent the first of July, 1936, or before, to the Government of the country in favor of whose citizens the greater amount may have been awarded. ARTICLE III The present Convention shall be ratified by the High Contracting Parties in accordance with their respective Constitutions. Ratifications of this Convention shall be exchanged in Panama as soon as practicable and the Convention shall take effect on the date of the exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed and affixed their seals to this Convention. Done in duplicate in Panama this seventeenth day of December, 1932. [SEAL] ROY T. DAVIS JD AROSEMENA [SEAL] AND WHEREAS the said convention has been duly ratified on both parts and the ratifications of the two Governments were exchanged in the city of Panama on the twenty-fifth day of March, one thousand nine hundred and thirty-three; NOW, THEREFORE, be it known that I, Franklin D. Roosevelt, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the city of Washington this thirtieth day of March in the year of our Lord one thousand nine hundred and thirty[SEAL] three and of the Independence of the United States of America the one hundred and fifty-seventh. By the President: CORDELL HULL Secretary of State. FRANKLIN D ROOSEVELT |