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ARTICLE III.

In case a dispute should arise between the High Contracting Parties which is not settled by the ordinary methods, each Party shall have a right to ask that the investigation thereof be intrusted to the International Commission charged with making a report. Notice shall be given to the President of the International Commission, who shall at once communicate with his colleagues.

In the same case the President may, after consulting his colleagues and upon receiving the consent of a majority of the members of the Commission, offer the services of the latter to each of the Contracting Parties. Acceptance of that offer declared by one of the two Governments shall be sufficient to give jurisdiction of the case to the Commission in accordance with the foregoing paragraph.

The place of meeting shall be determined by the Commission itself.

ARTICLE IV.

The two High Contracting Parties shall have a right, each on its own part, to state to the President of the Commission what is the subject matter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the Commission.

In case the cause of the dispute should consist of certain acts already committed or about to be committed, the Commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report.

ARTICLE V.

As regards the procedure which it is to follow, the Commission shall as far as possible be guided by the provisions contained in articles 9 to 36 of Convention 1 of The Hague of 1907.

The High Contracting Parties agree to afford the Commission all means and all necessary facilities for its investigation and report.

The work of the Commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the High Contracting Parties should agree to set a different period.

The conclusion of the Commission and the terms of its report shall be adopted by a majority. The report, signed only by the President acting by virtue of his office, shall be transmitted by him to each of the Contracting Parties.

The High Contracting Parties reserve full liberty as to the action to be taken on the report of the Commission.

ARTICLE VI.

The present treaty shall be ratified by the President of the United States of America, with the advice and consent of the Senate of the United States, and by the President of the Republic of China.

It shall go into force immediately after the exchange of ratifications and shall last five years.

Unless denounced six months at least before the expiration of the said period of five years, it shall remain in force until the expiration of a period of twelve months after either party shall have notified the other of its intention to terminate it.

In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.

Done at Washington this 15th day of September, in the year nineteen hundred and fourteen, corresponding to the 15th day of the ninth month in the third year of the Republic of China.

WILLIAM JENNINGS BRYAN

[SEAL.]
[Signature and seal of Chinese Plenipotentiary.]

[KAI FU SHAH]

AGREEMENT EFFECTED BY EXCHANGE OF NOTES EXTENDING TIME FOR THE APPOINTMENT OF THE COMMISSION UNDER ARTICLE II OF THE TREATY OF SEPTEMBER 15, 1914, FOR THE ADVANCEMENT OF PEACE. Signed at Washington May 11-19, 1916.

Sir:

(Treaty Series, No. 619A.)

[The Secretary of State to the Chinese Minister.]

DEPARTMENT OF STATE,
Washington, May 11, 1916.

It not having been found feasible to complete the International Commission provided for in the treaty of September 15, 1914, between the United States and China for the advancement of the general cause of peace, I have the honor to suggest, for the consideration of your Government that the time within which the organization of the Commission may be completed be extended by an exchange of notes from April 22, 1916, to August 1, 1916.

Your formal notification in writing that your Government receives the suggestion favorably will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also.

Accept, Sir, the renewed assurances of my highest consideration. ROBERT LANSING

Mr. VI KYUIN WELLINGTON KOO,

Chinese Minister.

Sir:

[The Chinese Minister to the Secretary of State.]

CHINESE LEGATION, Washington, May 19, 1916.

I have the honor to acknowledge the receipt of your note of the 11th instant, in which you are good enough to suggest, for the con

sideration of my Government, that the time within which the organization of the International Commission provided for in the Treaty of September 15 1914, between China and the United States, for the advancement of the general cause of peace may be completed, be extended by an exchange of notes from April 22, 1916, to August 1, 1916.

I am authorized by my Government to inform you in reply that my Government is pleased to accept this suggestion of your Government and accordingly regards the extension of time from April 22, 1916, to August 1, 1916, for the organization of the Commission as effective by this exchange of notes.

Accept, Sir, the renewed assurances of my highest consideration. VI KYUIN WELLINGTON Koo

Honorable ROBERT LANSING,

Secretary of State.

1917.

AGREEMENT EFFECTED BY EXCHANGE OF NOTES BETWEEN THE UNITED STATES AND JAPAN TOUCHING QUESTIONS OF MUTUAL INTEREST RELATING TO THE REPUBLIC OF CHINA.

Signed at Washington November 2, 1917.

(This exchange of notes is printed under Japan, p. 2720.)

1920.

TREATY CONFIRMING THE APPLICATION OF A FIVE PER CENT AD VALOREM RATE OF DUTY TO IMPORTATIONS OF GOODS INTO CHINA BY CITIZENS OF THE UNITED STATES

Signed at Washington October 20, 1920; ratification advised by the Senate May 26, 1921; ratified by the President October 31, 1921; ratified by China January 4, 1921; ratifications exchanged at Washington November 5, 1921; proclaimed November 7, 1921.

(Treaty Series, No. 657.)

ARTICLES.

I. Tariff of duties under treaty of Oct. 8, 1903, Annex III, ceases to apply; rules, as amended, continue in effect.

II. Tariff of duties annexed to apply; most-favored-nation clause.

III. Continues treaty of Oct. 8, 1903. in force otherwise.

IV. Controlling text; ratification.

WHEREAS, it was agreed by Article VI (e), 1, and 3, of the Final Protocol entered into between the Powers and China, concluded at Peking, September 7, 1901, that the import tariff on goods imported into China by sea should be an effective five per cent. ad valorem;

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AND WHEREAS, following the conclusion of said Protocol, and pursuant to the provisions of the first paragraph of Article XI thereof, a Treaty regarding Commercial Relations between the Government of the United States of America and the Government of China was concluded at Shanghai on the 8th day of October, 1903, ratifications of which were duly exchanged on the 13th day of January, 1904;

AND WHEREAS, by Article V and Annex III of the said treaty it was agreed that the tariff of duties to be paid by the citizens of the United States of America on goods imported into China should be as set forth in the schedule annexed to and made a part of that Treaty as Annex III thereof, subject only to such amendments and changes as were authorized by Article IV of that treaty or as might thereafter be agreed upon by the High Contracting Parties, and that the citizens of the United States of America should at no time pay other or higher duties on goods imported into China than those paid by the citizens or subjects of the most favored nation;

AND WHEREAS, a commission composed of delegates of the governments of the United States of America and certain other powers having treaties with China regarding the duties to be paid by their citizens or subjects on imports into China, and delegates of the Republic of China has, at various conferences held at Shanghai between the 17th day of January, 1918, and the 20th day of December, 1918, agreed upon a proposed revision of the import tariff of China to the end that the rate of duty may be an effective five per cent. ad valorem on all foreign merchandise imported into China;

AND WHEREAS, the Government of the United States of America and the Government of the Republic of China desire to confirm the application of the proposed revised tariff of duties to importations of goods into China by citizens of the United States, the two Governments have determined to conclude this supplementary treaty, and have appointed for that purpose as their plenipotentiaries: The President of the United States of America, Mr. Bainbridge Colby, Secretary of State of the United States; and

The President of the Republic of China, Mr. Vi Kyuin Wellington Koo, envoy extraordinary and minister plenipotentiary of the Republic of China at Washington;

Who, having met and duly exhibited to each other their full powers, which were found to be in proper form, have agreed upon the following articles:

ARTICLE I

The tariff of duties, which under the provisions of Article V of the Treaty regarding Commercial Relations signed by the plenipotentiaries of the United States of America and China at Shanghai on the 8th day of October, 1903, are annexed to and made a part of that treaty, as Annex III thereof, shall, beginning with the date of the exchange of ratifications of the present treaty, cease to apply to goods imported into China by citizens of the United States of America.

The rules attached to the schedule of duties annexed to the Treaty regarding Commercial Relations signed by the plenipotentiaries of

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the United States of America and China at Shanghai on the 8th day of October, 1903, are amended as agreed upon by the High Contracting Parties and as so amended are hereunto annexed and continued in full force and effect.

ARTICLE II.

The tariff of duties and the rules hereunto annexed, shall beginning with the date of the exchange of ratifications of the present treaty be in full force and effect at the ports and places of China open to commerce with foreign countries, and beginning with the date of the exchange of ratifications the said duties shall be paid by citizens of the United States of America on goods imported into China, until modified or changed by agreement between the two High Contracting Parties; but the citizens of the United States of America shall at no time be required to pay other or higher duties on goods imported into China than are paid by the citizens or subjects of the most favored nation.

ARTICLE III.

Except as provided in Articles I and II of the present treaty, the articles and provisions of the treaty signed at Shanghai, October 8, 1903, between the plenipotentiaries of the United States of America and China, shall continue in full force and effect, and the articles and provisions of the present treaty shall be read and construed as a supplementary treaty thereto, and shall be as binding and of the same efficacy as if they had been inserted therein.

ARTICLE IV.

In the event of there being any difference of meaning between the English and Chinese texts of the present treaty, the English text shall be held to be the correct one.

This treaty and the tariff of duties and rules hereunto annexed shall be ratified by the two High Contracting Parties in conformity with their respective constitutions, and the ratifications shall be exchanged at Washington.

IN TESTIMONY WHEREOF, the plenipotentiaries of the two High Contracting Parties, by virtue of their respective powers, have signed this treaty in duplicate in the English and Chinese languages, and have affixed their respective seals.

DONE at Washington this twentieth day of October in the year one thousand nine hundred and twenty, corresponding to the twentieth day of the tenth month of the ninth year of the Republic of China.

[SEAL.] BAINBRIDGE COLBY

[SEAL. VI KYUIN WELLINGTON KOO

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