« PreviousContinue »
pretext of their complicity in the acts which form the subject of the legal proceedings in which they appear as witnesses.
XIII. In a criminal case, relating to a common offence, when the confronting of offenders detained in the other State, or the production of depositions or other documents which are in the hands of the authorities of the other country, is considered useful or necessary, the request relatiug thereto shall be made through the diplomatic channel, and shall be complied with unless special reasons are opposed to such a course, and under the obligation to send back the offenders, depositions, and other documents.
XIV. The transit through the territory of one of the States which is a party to this Convention of a person extradited by a third Power to the other party, the extradited person not belonging to the country through which he is passing, shall be permitted on the exhibition, either of the original or of an authenticated copy of one of the documents mentioned in Article VII, provided that the offence on which the extradition is grounded is mentioned in the present Convention and does not come under the provisions of Articles II and VI, and provided that the transit as regards the escort of the extradited person is executed with the co-operation of the officials of the country which has permitted such passage through its territory.
The costs of the transit shall be defrayed by the State which has demanded the extradition
XV. The two Governments renounce all claim to repayment of the costs of maintenance, of conveyance, &c., incurred within the boundaries of their territory by the extradition of accused or condemned persons, &c., as also those incurred for Commissions of Inquiry, for sending and returning offenders sent for confrontation, and for sending and returning depositions and other documents.
The persons to be extradited shall be conveyed to the port indicated by the Consular Officer of the State which demands the extradition, and be put on board at the charge of its Government.
XVI. The present Convention, which is not applicable to the Colonies, shall come into operation from the twentieth day after its publication in the forms prescribed by the laws of the two countries.
From the date of its coming into operation, the Convention of the 14th November, 1874,* shall cease to be in force and be replaced by the present Convention, which shall remain in force till six months after its denunciation by one of the two Governments.
It shall be ratified, and the ratifications shall be exchanged at the Hague as soon as possible.
* Vol. LXV, page 989.
In token whereof the two Plenipotentiaries have signed the present Convention and have thereto affixed their seals. Drawn up in duplicate at the Hague, this 24th April, 1893.
(L.S.) VAN TIEN HOVEN.
TREATY of Commerce and Navigation between His Majesty
the King of Portugal and the Algarves and Her Majesty the Queen-Regent of Spain. --Signed at Madrid, March 27, 1893.
[Ratifications exchanged at Lisbon, September 5, 1893.]
His Majesty the King of Portugal and the Algarves and Her Majesty the Queen-Regent of Spain, equally animated with the wish of drawing closer the ties of friendship which upite the two countries, and being desirous of extending the commercial relations between their respective States, bave determined to conclude a special Treaty for this purpose, and have appointed their Plenipotentiaries, namely :
His Majesty the King of Portugal and the Algarves, Sebastião Guedes Bramdão de Mello, Count of São Miguel, a Grandee of the Kingdom, Chief Officer of his Royal Household, Bachelor of Laws at the University of Coimbra, Grand Cross of the Order of Our Lady of Conception of Villa Viçosa, Knight of the Most Ancient and Noble Order of the Tower and Sword for the reward of valour, loyalty, and merit, Grand Cross of the National and Royal Order of the Lion of the Netherlands, of the Order of St. Anne of Russia, and of that of Albert the Valorous of Saxony, Knight Commander of the Order of Isabella the Catholic of Spain, of the Iron Crown of Austria, and of several other foreign Orders, &c., his Envoy Extraordinary and Minister Plenipotentiary to His Catholic Majesty ;
Her Majesty the Queen-Regent of Spain, Don Antonio Aguilar y Correa, Marquis of Vega de Armijo and Mós, Count of Bobadilla, Viscount of Pegullal, a Grandee of Spain of the first class, a member of the Royal Academies of History and of Moral and Political Science, Doctor of Laws, Knight and Master of the Royal Institute of Seville, Knight of the Papal Order of Christ, Grand Cross of the Ancient and Most Noble Order of the Tower and Sword for the reward of valour, loyalty, and merit, Grand Cross of
the Order of Our Lady of the Conception of Villa Viçosa, Collar and Grand Cross of Leopold of Austria, Collar and Grand Cross of Wasa of Sweden, Grand Cordon of the Legion of Honour of France, Grand Cross of the Red Eagle (upper grade) of Prussia, of Sainty Mauritius and Lazarus of Italy, of St. Alexander Newsky of Russia, of the Danebrog of Denmark (in brilliants), of Leopold of Belgium, of St. Olave of Norway, of the Saviour of Greece, of the Lion of the Netherlands, of Osmanié of Turkey, decorated with the Double Dragon of China, Officer of Public Instruction in France, &c., her Minister for Foreign Affairs ;
Who, after having communicated to each other their respective full powers, which were found in good and due form, have agreed upon the following Articles :
ART. I. There shall be entire freedom of coinmerce between the subjects of the two High Contracting Parties. They shall not be liable, by reason of their commerce or industry, in the ports, cities, or any other places of the respective States, whether they may be settled there or are only temporary residents, to other or higher tares, imposts, or contributions of any kind than those paid by natives. The privileges, immunities, and other favours enjoyed in matters of commerce and industry by the subjects of either of the Contracting Parties shall be common to those of the other.
II. The High Contracting Parties mutually engage that neither of them will establish any prohibition against the other as to the importation or exportation of any merchandize, unless such prohibition is extended to other nations at the same time.
This principle is not, however, applicable in the following cases :
1. As regards the importation, exportation, or transit of any merchandize which is now, or may hereafter become, a monopoly of
2. To any merchandize—whether mentioned or not in this Treaty -with regard to which either of the High Contracting Parties may deem it necessary to impose any prohibitions or temporary restrictions on its entry, exit, or transit, on sanitary grounds, in order to prevent the spreading of any cattle plagues or the destruction of harvests, and also on account and in anticipation of any war.
III. The products of the soil or any manufactured goods whatBoever, originally coming from either of the two countries and imported into the other, shall not be liable to the payment of any higher octroi or consumption dues, levied on account of the State, or any provinces or municipalities, than those at present paid, or which may hereafter be paid, upon similar merchandize of native IV. Portuguese manufacturers and merchants, and commercial
travellers in Spain on account of any Portuguese firm, and Spanish manufacturers and merchants, and commercial travellers in Portugal on account of any Sparish firm, will be at liberty, without being liable either in Portugal or in Spain to the payment of any industrial tax, to make any purchases or sales they may require for their business and to receive orders. These commercial travellers may carry with them patterns and samples, but no merchandize.
This exemption from the tax in question will be secured by means of a certificate of identity in accordance with the Form (A) annexed to this Treaty.
V. Any gold or silver articles imported into either of the two countries shall be subject in the other to the laws and regulations in force with respect to the assaying of the same.
VI. Portuguese in Spain and Spaniards in Portugal will be entitled to the treatment laid down, or which may be hereafter laid down, in any special Treaties relating to the ownership of trademarks, or of any industrial or commercial models or drawings. In the absence of such Treaties, the subjects of either of the two nations will be entitled in the other to the advantages accorded to the natives by law.
VII.* Portugal and Spain mutually engage that in future no other country will be treated in a more advantageous manner than the two countries respectively, as far as regards depôts, re-exportation, transit, transhipment, and navigation in general.
VIII. The products of the soil, and the manufactured articles mentioned in Schedule (A) annexed to this Treaty, shall be exempted from all import, export, or transit dues while being carried for the purpose of trade over the common roads or railways of the frontier between Portugal and Spain, and upon the rivers wbich serve as a boundary-line between the two countries.
IX. The articles originally coming from either of the two contracting countries, and which are specified in Schedule (B) annexed to this Treaty, will be allowed to circulate freely through the land frontier of both nations, and upon the rivers which serve as a boundary between them, subject, bowever, to the formalities laid down in that Schedule.
X. The products of the soil of Spain, and Spanish manufactured articles specified in Schedule (C) annexed to this Treaty, will be admitted into Portugal, if directly imported by sea, on payment of the duties laid down in the said Schedule.
XI. The products of the soil of Portugal, and Portuguese manufactured articles specified in Schedule (D) annexed to this Treaty, will be admitted into Spain, if imported directly by sea, on payment of the duties laid down in the said Schedule.
See Final Protocol, page 462.
XII. The two High Contracting Parties reserve the right of granting to other countries the Treaty duties as laid down in Schedules (C) and (D).
No reduction, however, will be granted to any third Power of the duties laid down in the aforesaid Schedules (C) and (D), unless the two High Contracting Parties shall have previously come to an agreement with reference thereto.
XIII. The products of the soil, and the manufactured articles of Spain mentioned in Schedule (E) annexed to this Treaty, will not be liable in Portugal to other or higher duties than those levied upon similar goods of any other nation.
XIV. The products of the soil, or manufactured articles of Portugal mentioned in Schedule (F) annexed to this Treaty, will not be liable in Spain to other or higher duties than those already imposed, or which may be hereafter imposed, on similar goods from another country.
XV. Either of the High Contracting Parties may require an importer, in order that he may prove that his goods originally come from, or have been manufactured in, the eountry of exportation, to present to the custom-house of the importing country an official declaration, in accordance with Form (B) annexed to this Treaty, drawn up before the local authorities of the place whence the goods have come, or where they may have been kept in bond or deposited, by the producer or manufacturer, or by any other person duly authorized by them.
The importer may also be called upon to exhibit the document issued by the Customs authorities certifying as to the origin of the products of any third country passing in transit through the territory of either of the Contracting Parties.
The authorities of the importing country, or of the country through which the products referred to in this Article pass in transit, may require that the signature of the authorities who may have certified the documents in question should be attested by the Consul.
The Consular fee leviable for this formality is 900 reis in Portugal, and 5 pesetas in Spaiv.
The provisions of this Article do not apply to the articles of merchandize mentioned in Schedule (A), whether imported by sea or
XVI. Articles of merchandize subject to import duty and imported by commercial travellers will be imported by both countries free of duty provisionally, subject to the Customs formalities required in order to secure their re-exportation, or the payment of the duties thereon. XVII." The régime for the fluvial and maritime trade, and
See Final Protocol, page 462.