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the citizens and the inhabitants of either of the contracting States and of Belgium. The High contracting Parties will ask, by common accord, a friendly Government to appoint the third arbitrator, to be selected equally outside of the two contracting States and of Belgium.

If an arbitrator should be unable to sit by reason of death, resignation or for any other cause, he shall be replaced by a new arbitrator whose appointment shall be made in the same manner as that of the arbitrator whose place he takes.

The majority of arbitrators can act in case of the intentional absence or formal withdrawal of the minority. The decision of the majority of the arbitrators will be conclusive upon all questions to be determined.

The general expenses of the arbitration procedure will be borne, in equal parts, by the two High contracting Parties; but the expenses made by either of the parties for preparing and setting forth its case will be at the cost of that party.

ARTICLE XIV.

It is well understood that if the declaration on the subject of the import duties, signed July 2nd 1890, by the signatory Powers of the Act of Berlin, should not enter into force, in that case the present treaty would be absolutely null and without effect.

ARTICLE XV.

The present treaty shall be subject to the approval and the ratification, on the one hand, of the President of the United States, acting by the advice and with the consent of the Senate, and, on the other hand, of His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo.

The ratifications of the present treaty shall be exchanged at the same time as those of the General Act of Brussels of July 2nd 1890, and it will enter into force at the same date as the latter.

In faith of which the respective Plenipotentiaries of the High contracting Parties have signed the present treaty in duplicate, in English and in French, and have attached thereto their seals.

Done at Brussels the twenty-fourth day of the month of January of the year Eighteen hundred and ninety one.

[SEAL.] [SEAL.]

EDWIN H. TERRELL.

EDM. VAN EETVELDE.

ARRANGEMENT GIVING THE REGULATION OF THE RIGHT OF PREFERENCE OF FRANCE OVER THE TERRITORIES OF THE CONGO FREE STATE.

February 5, 1895.

Considering that in virtue of the letters exchanged on the 23d and 24th of April, 1884, between M. Strauch, president of the International Association of the Congo, and M. J. Ferry, President of the Council and Minister of Foreign Affairs of the French Republic, a right of preference has been assured to France in case the association should be led some day to alienate its possessions; that this right of preference has been maintained since the Congo Free State replaced the International Association;

Considering that, in view of the transfer to Belgium of the possessions of the Congo Free State, by virtue of the treaty of cession of January 9, 1895, the Belgian Government will be substituted in the obligation contracted for under this agreement by the Government of the said State;

The undersigned have agreed upon the following provisions which shall regulate henceforth the right of preference of France in regard to the Belgian colony of the Congo.

ARTICLE 1.

The Belgian Government recognizes the fact that France has a right of preference over its possessions in the Congo, in case of the alienation in whole or in part, of the latter burdened with certain conditions.

Any exchange of territories of the Congo with a foreign power; every concession, lease of the said territories, in whole or in part, to a foreign state or to a foreign company invested with the rights of sovereignty, will equally give rise to the exercise of the right of preference of France, and will form, consequently, the subject of previous negotiation between the Belgian government and the government of the French Republic.

ARTICLE 2.

The Belgian Government declares that no cession will ever be made gratuitously, of all or part of these said possessions.

ARTICLE 3.

The dispositions provided in the above articles apply to all the Belgian territories in the Congo.

In faith of which, the undersigned have drawn up the present arrangement, and have attached their seals thereto.

Done in duplicate, at Paris, February 5, 1895.

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ADHESION OF THE UNITED STATES OF AMERICA TO THE CONVENTION SIGNED AT BRUSSELS JUNE 8, 1899, BY THE PLENIPOTENTIARIES OF CERTAIN POWERS FOR THE REGULATION OF THE IMPORTATION OF SPIRITUOUS LIQUORS INTO CERTAIN REGIONS OF AFRICA.

Convention signed at Brussels June 8, 1899; adhesion of the United States advised and consented to by the Senate December 14, 1900.

[Translation.]

His Majesty the German Emperor, King of Prussia, in the name of the German Empire; His Majesty the King of the Belgians; His Majesty the King of Spain, and in his name Her Majesty the Queen Regent of the Kingdom; His Majesty the King-Sovereign of the Independent State of the Congo; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of Italy; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the Emperor of All the Russias; his Majesty the King of Sweden and Norway, &c.; and His Majesty the Emperor of the Ottomans;

Wishing to provide for the execution of Article XCII of the General Act of Brussels, which prescribes the revision of the Regulations on the importation of spirituous liquors into certain regions of Africa;

Have resolved to assemble a Conference for the purpose at Brussels, and have named as their Plenipotentiaries, that is to say:

His Majesty the German Emperor, King of Prussia, in the name of the German Empire, M. Frederic-Jean, Count of Alvensleben, his Chamberlain and Privy Councillor, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; and M. Guillaume Göhring, his Councillor of Legation;

His Majesty the King of the Belgians, M. Auguste, Baron Lambermont, his Minister of State, his Envoy Extraordinary and Minister Plenipotentiary; and M. Auguste van Maldeghem, Councillor of the Court of Cassation of Belgium;

His Majesty the King of Spain, and in his name Her Majesty the Queen-Regent of the Kingdom, M. W. Ramirez de Villa-Urrutia, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King-Sovereign of the Independent State of the Congo, M. Paul de Smet de Naeyer, his Minister of State, Member of

the Chamber of Representatives of Belgium; and M. Hubert Droogmans, Secretary-General of the Finance Department of the Independent State of the Congo;

The President of the French Republic, M. A. Gérard, Envoy Extraordinary and Minister Plenipotentiary of the French Republic to His Majesty the King of the Belgians.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Francis Plunkett, her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; and Mr. H. Farnall, of the Foreign Office;

His Majesty the King of Italy, M. R. Cantagalli, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

Her Majesty the Queen of the Netherlands, Jonkheer Rudulphe de Pestel, her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King of Portugal and the Algarves, M. AntoineMarie, Count of Tovar, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the Emperor of All the Russias, M. N. de Giers, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King of Sweden and Norway, M. Auguste-L.-Fersen, Count Gyldenstolpe, his Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the Emperor of the Ottomans, Etienne Carathéodory Effendi, High Dignitary of his Empire, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

Who, furnished with powers in good and due form, have adopted the following provisions:

ARTICLE I.

From the coming into force of the present Convention, the import duty on spirituous liquors, as that duty is regulated by the General Act of Brussels, shall be raised throughout the zone where there does not exist the system of total prohibition provided by Article XCI of the said General Act, to the rate of 70 fr. the hectolitre at 50 degrees. centigrade for a period of six years.

It may, exceptionally, be at the rate of 60 fr. only the hectolitre at 50 degrees centigrade in the Colony of Togo and in that of Dahomey.

The import duty shall be augmented proportionally for each degree above 50 degrees centigrade; it may be diminished proportionally for each degree below 50 degrees centigrade.

At the end of the above-mentioned period of six years, the import duty shall be submitted to revision, taking as a basis the results produced by the preceding rate.

The Powers retain the right of maintaining and increasing the duty beyond the minimum fixed by the present Article in the regions where they now possess that right.

ARTICLE II.

In accordance with Article XCIII of the General Act of Brussels, distilled drinks made in the regions mentioned in Article XCII of the said General Act, and intended for consumption, shall pay an excise duty.

This excise duty, the collection of which the Powers undertake to insure as far as possible, shall not be lower than the minimum import duty fixed by Article I of the present Convention.

ARTICLE III.

It is understood that the powers who signed the General Act of Brussels, or who have adhered to it, and who are not represented at the present Conference, preserve the right of adhering to the present Convention.

ARTICLE IV.

The present Convention shall be ratified within the shortest possible period, and such period shall not in any case exceed one year.

Each Power shall address its ratification to the Government of His Majesty the King of the Belgians, which shall give notice thereof to all the other powers signatory of the present Convention. The ratifications of all the Powers shall be deposited in the archives of the Kingdom of Belgium.

As soon as all the ratifications have been produced, or at latest one year after the signature of the present Convention, their deposit shall be recorded in a Protocol which shall be signed by the Representatives of all the Powers who shall have ratified.

A certified copy of this Protocol shall be addressed to all the Powers interested.

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