« PreviousContinue »
from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia, the waters east of a line from Cape Calvert to Duke Point on Duke Island, and the waters north of Duke Island and east of Prince of Wales Island, Baranof Island and Chicagof Island, the waters of Peril, Neva and Olga Straits to Sitka, and the waters east of a line from Port Althorp on Chicagof Island to Cape Spencer, Alaska, are sheltered waters of the nature contemplated in Article 2, Section 2 of the International Load Line Convention, 1930, agrees to exempt from the provisions of the International Load Line Convention, and existing load line statutes of the United States, Canadian vessels, and vessels of the United States, when engaged on international voyages originating on, wholly confined to, and terminating on the above defined waters.
ARTICLE II. The Government of the Dominion of Canada, also being satisfied of the sheltered nature of the waters defined in Article I agrees likewise to exempt vessels of the United States and Canadian vessels from the requirements of the aforesaid convention and existing load line statutes of Canada, when engaged on international voyages originating on, wholly confined to, and terminating on the said waters.
ARTICLE III. The present convention shall be ratified in accordance with the constitutional methods of the High Contracting Parties. It shall take effect on the day of the exchange of ratifications, which shall take place at Washington as soon as possible, and it shall remain in force thereafter, until six months from the date on which one of the High Contracting Parties shall have given to the other notice of an intention to terminate it.
In faith whereof the above-named Plenipotentiaries have signed the present convention and affixed thereto their respective seals.
Done in duplicate at Washington, the ninth day of December, one thousand nine hundred and thirty-three.
(Signed) William Phillips. W. D. Herridge.
CONVENTION CONCERNING OPERATION OF SMELTER AT TRAIL, BRITISH
Signed at Ottawa, April 15, 1935; ratification advised by the Senate of the United States, June 5, 1935 (legislative day of May 13, 1935); ratified by the President of the United States, June 12, 1935; ratified by His Majesty in respect of Canada, July 20, 1935, ratifications exchanged at Ottawa, August 3, 1935; proclaimed by the President of the United States, August 7, 1935.
(Treaty Series, No. 893 ; 19 Statutes at Large, 3245) The President of the United States of America, and His Majesty the King of Great Britain, Ireland and the British dominions bevond the Seas, Emperor of India, in respect of the Dominion of Canada,
Considering that the Government of the United Stetas has complained to the Government of Canada that fumes discharged from the smelter of the Consolidated Mining and Smelting Company at Trail, British Columbia, have been causing damage in the State of Washington, and
Considering further that the International Joint Commission, established pursuant to the Boundary Waters Treaty of 1909, investigated problems arising from the operation of the smelter at Trail and rendered a report and recommendations thereon, dated February 28, 1931, and
Recognizing the desirability and necessity of effecting a permanent settlement,
Have decided to conclude a Convention for the purposes aforesaid, and to that end have named as their respective plenipotentiaries:
The President of the United States of America:
Pierre de L. Boal, Chargé d'Affaires ad interim of the United States of America at Ottawa;
His Majesty the King of Great Britain, Ireland and the British dominions beyond the Seas, Emperor of India, for the Dominion of Canada:
The Right Honourable Richard Bedford Bennett, Prime Minister, President of the Privy Council and Secretary of State for External Affairs :
Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles:
ARTICLE I. The Government of Canada will cause to be paid to the Secretary of State of the United States, to be deposited in the United States Treasury, within three months after ratifications of this Convention have been exchanged, the sum of three hundred and fifty thousand dollars, United States currency, in payment of all damage which occurred in the United States, prior to the first day of January, 1932, as a result of the operation of the Trail Smelter.
ARTICLE II. The Governments of the United States and of Canada, hereinafter referred to as "the Governments", mutually agree to constitute a tribunal hereinafter referred to as "the Tribunal", for the purpose of deciding the Questions referred to it under the provisions of Article III. The Tribunal shall consist of a chairman and two national members.
The chairman shall be a jurist of reput who is neither a British subject nor a citizen of the United States. He shall be chosen by the Governments, or, in the event of failure to reach agreement within nine months after the exchange of ratifications of this Convention, by the President of the Permanent Administrative Council of the Permanent Court of Arbitration at The Hague described in Article 49 of the Convention for the Pacific Settlement of International Disputes concluded at The Hague on October 18, 1907.
The two national members shall be jurists of repute, who have not been associated directly or indirectly, in the present controversy. One member shall be chosen by each of the Governments.
The Governments may each designate a scientist to assist the Tribunal.
ARTICLE III. The Tribunal shall finally decide the questions, hereinafter referred to as "the Questions", set forth hereunder, namely :
(1) Whether damage caused by the Trail Smelter in the State of Washington has occurred since the first day of January, 1932, and, if so, what indemnity should be paid there for?
(2) In the event of the answer to the first part of the preceding Question being in the affirmative, whether the Trail Smelter should be required to refrain from causing damage in the State of Washington in the future and, if so, to what extent?
(3) In the light of the answer to the preceding Question, what measures or regime, if any, should be adopted or maintained by the Trail Smelter ?
(4) What indemnity or compensation, if any, should be paid on account of any decision or decisions rendered by the Tribunal pursuant to the next two preceding Questions?
ARTICLE IV. The Tribunal shall apply the law and practice followed in dealing with cognate questions in the United States of America as well as International Law and Practice, and shall give consideration to the desire of the High Contracting Parties to reach a solution just to all parties concerned. ARTICLE V. The procedure in this adjudication shall be as follows:
1. Within nine months from the date of the exchange of ratifications of this agreement, the Agent for the Government of the United States shall present to the Agent for the Government of Canada a statement of the facts, together with the supporting evidence, on which the Government of the United States rests its complaint and petition.
2. Within a like period of nine months from the date on which this agreement becomes effective, as aforesaid, the Agent for the Government of Canada shall present to the Agent for the Government of the United States a statement of the facts, together with the supporting evidence, relied upon by the Government of Canada.
3. Within six months from the date on which the exchange of statements and evidence provided for in paragraphs 1 and 2 of this Article has been completed, each Agent shall present in the manner prescribed by paragraphs 1 and 2 an answer to the statement of the other with any additional evidence and such argument as he may desire to submit.
ARTICLE VI. When the development of the record is completed in accordance with Article V hereof the Governments shall forthwith cause to be forwarded to each member of the Tribunal a complete set of the statements, answers, evidence and arguments presented by their respective Agents to each other. ARTICLE VII. After the delivery of the record to the members of the Tribunal in accordance with Article VI the Tribunal shall conFene at a time and place to be agreed upon by the two Governments for the purpose of deciding upon such further procedure as it may be deemed necessary to take. In determining upon such further procedure and arranging subsequent meetings, the Tribunal will consider the individual or joint requests of the Agents of the two Governments. ARTICLE VIII. The Tribunal shall hear such representations and shall receive and consider such evidence, oral or documentary, as may be presented by the Governments or by interested parties, and for that purpose shall have power to administer oaths. The Tribunal shall have authority to make such investigations as it may deem necessary and expedient, consistent with other provisions of this Convention.
ARTICLE IX. The Chairman shall preside at all hearings and other meetings of the Tribunal, and shall rule upon all questions of evidence and procedure. In reaching a final determination of each or any of the Questions, the Chairman and the two members shall each have one yote, and, in the event of difference, the opinion of the majority shall prevail, and the dissent of the Chairman or member, as the case may be, shall be recorded. In the event that no two members of the Tribunal agree on a question, the Chairman shall make the decision.
ARTICLE X. The Tribunal, in determining the first question and in deciding upon the indemnity, if any, which should be paid in respect to the years 1932 and 1933, shall give due regard to the results of investigations and inquiries made in subsequent years.
Investigators, whether appointed by or on behalf of the Governments, either jointly or severally, or the Tribunal, shall be permitted at all reasonable times to enter and view and carry on investigations upon any of the properties upon which damage is claimed to have occurred or to be occurring, and their reports may, either jointly or severally, be submitted to and received by the Tribunal for the
purpose of enabling the Tribunal to decide upon any of the Questions.
ARTICLE XI. The Tribunal shall report to the Governments its final decisions, together with the reasons on which they are based, as soon as it has reached its conclusions in respect to the Questions, and within a period of three months after the conclusion of proceedings. Proceedings shall be deemed to have been concluded when the Agents of the two Governments jointly inform the Tribunal that they have nothing additional to present. Such period may be extended by agreement of the two Governments.
Upon receiving such report, the Governments may make arrangements for the disposition of claims for indemnity for damage, if any, which may occur subsequently to the period of time covered by such report.
ARTICLE XII. The Governments undertake to take such action as may be necessary in order to ensure due performance of the obligations undertaken hereunder, in compliance with the decision of the Tribunal.
ARTICLE XIII. Each Government shall pay the expenses of the presentation and conduct of its case before the Tribunal and the expenses of its national member and scientific assistant.
All other expenses, which by their nature are a charge on both Governments, including the honorarium of the neutral member of the Tribunal, shall be borne by the two Governments in equal moieties.
ARTICLE XIV. This agreement shall be ratified in accordance with the constitutional forms of the Contracting Parties and shall take effect immediately upon the exchange of ratifications, which shall take place at Ottawa as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.
Done in duplicate at Ottawa this fifteenth day of April, in the of our Lord, one thousand, nine hundred and thirty-five.
(Signed) Pierre de L. Boal. R. B. Bennett.
Signed at Washington, December 30, 1936; ratification advised by the Senate of the United States, August 6, 1937; ratified by the President of the United States, August 13, 1937; ratified by Canada, August 11, 1937; ratifications exchanged at Washington, August 13, 1937; proclaimed by the President of the United States, August 16, 1937
(Treaty Series, No. 920; 50 Statutes at Large, 1399.)
The Government of the United States of America and the Government of Canada, being desirous of concluding a reciprocal convention concerning rates of income tax imposed upon non-resident individuals and corporations, have agreed as follows:
ARTICLE I. The High Contracting Parties mutually agree that the income taxation imposed in the two States shall be subject to the following reciprocal provisions: (a) The rate of income tax imposed by one of the Contracting States, in respect of income derived from sources therein, upon individuals residing in the other State, who are not engaged in trade or business in the taxing State and have no office or place of business therein, shall not exceed five per centum for each taxable year, so long as an equivalent or lower rate of income taxation is imposed by the other State upon individuals residing in the former State who are not engaged in trade or business in such other State and do not have an office or place of business therein.
(b) The rate of income tax imposed by one of the Contracting States, in respect of dividends derived from sources therein, upon non-resident foreign corporations organized under the laws of the other State, which are not engaged in trade or business in the taxing State and have no office or place of business therein, shall not exceed five per centum for each taxable year, so long as an equivalent or lower rate of income taxation on dividends is imposed by the other State upon corporations organized under the laws of the former State which are not engaged in trade or business in such other State and do not have an office or place of business therein.
(c) Either State shall be at liberty to increase the rate of taxation prescribed by paragraphs (a) and (b) of this article, and in such case the other State shall be released from the requirements of the said paragraphs (a) and (b).
(d) Effect shall be given to the foregoing provisions by both States as and from the first day of January, nineteen hundred and thirty-six.
ARTICLE II. The provisions of this Convention shall not apply to citizens of the United States of America domiciled or resident in Canada.
ARTICLE III. This Convention shall be ratified and shall take effect immediately upon the exchange of ratifications which shall take place at Washington as soon as possible.