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ARTICLE V. This Convention shall be subject to ratification and shall remain in force for a period of one year from the date of the exchange of ratifications.
Three months before the expiration of the said period of one year, either of the High Contracting Parties may give notice of its desire to propose modifications in the terms of the Convention.
If such modifications have not been agreed upon before the expiration of the term of one year mentioned above, the Convention shall lapse.
If no notice is given on either side of the desire to propose modifications, the Convention shall remain in force for another year, and so on automatically, but subject always in respect of each such period of a year to the right on either side to propose as provided above three months before its expiration modifications in the convention, and to the provision that if such modifications are not agreed upon before the close of the period of one year, the convention shall lapse. ARTICLE VI. In the event that either of the High Contracting Parties shall be prevented either by judicial decision or legislative action from giving full effect to the provisions of the present convention the said convention shall automatically lapse, and, on such lapse or whenever this convention shall cease to be in force, each High Contracting Party shall enjoy all the rights which it would have possessed had this convention not been concluded.
The present convention shall be duly ratified by the High Contracting Parties in accordance with their respective constitutional methods; and the ratifications shall be exchanged at Washington as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate in the English and Spanish languages and have thereunto affixed their seals.
Done at the city of Washington this twenty-seventh day of May, nineteen hundred and thirty.
(Signed) Henry L. Stimson.
Carlos G Dávila.
TREATY REGULATING TARIFF RELATIONS
Signed at Peiping, July 25, 1928; ratification advised by the Senate, February 11, 1929; ratified by the President, February 13, 1929; ratified by China, November 30, 1928; ratifications exchanged at Washington, February 20, 1929; proclaimed, February 23, 1929
(Treaty Series, No. 773; 45 Statutes at Large, 2742)
The United States of America and the Republic of China, both being animated by an earnest desire to maintain the good relations which happily subsist between the two countries, and wishing to extend and consolidate the commercial intercourse between them, have, for the purpose of negotiating a treaty designed to facilitate these objects, named as their Plenipotentiaries:
The President of the United States of America:
J. V. A. MacMurray, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to China;
and the Government Council of the Nationalist Government of the Republic of China:
T. V. Soong, Minister of Finance of the Nationalist Government of the Republic of China;
who, having met and duly exchanged their full powers, which have been found to be in proper form, have agreed upon the following treaty between the two countries:
ARTICLE I. All provisions which appear in treaties hitherto concluded and in force between the United States of America and China relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principle of complete national tariff autonomy shall apply subject, however, to the condition that each of the High Contracting Parties shall enjoy in the territories of the other with respect to the above specified and any related matters treatment in no way discriminatory as compared with the treatment accorded to any other country.
The nationals of neither of the High Contracting Parties shall be compelled under any pretext whatever to pay within the territories of the other Party any duties, internal charges or taxes upon their importations and exportations other or higher than those paid by nationals of the country or by nationals of any other country.
The above provisions shall become effective on January 1, 1929, provided that the exchange of ratifications hereinafter provided shall have taken place by that date: otherwise, at a date four months subsequent to such exchange of ratifications.
ARTICLE II. The English and Chinese texts of this Treaty have been carefully compared and verified; but, in the event of there being a difference of meaning between the two, the sense as expressed in the English text shall be held to prevail.
This treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods, and the ratifications shall be exchanged in Washington as soon as possible. In testimony whereof, we, the undersigned, by virtue of our respective powers have signed this Treaty in duplicate in the English and Chinese languages and have affixed our respective seals.
Done at Peiping, the 25th day of July, 1928, corresponding to the 25th day of the 7th month of the 17th year of the Republic of China. (Signed) J. V. A. MacMurray. Tse Ven Soong.
Signed at Washington, June 27, 1930; ratification advised by the Senate of the United States, December 10, 1930 (legislative day of December 9, 1930); ratified by the President of the United States, December 20, 1930; ratified by China, September 9, 1932; ratifications exchanged at Washington, December 15, 1932; proclaimed by the President of the United States, December 20, 1932
(Treaty Series, No. 857; 47 Statutes at Large, 2213)
The United States of America and the Republic of China,
Determined to prevent so far as in their power lies any interruption in the peaceful relations now happily existing between the two nations;
Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them; and
Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world;
Have decided to conclude a treaty of arbitration and for that purpose they have appointed as their respective Plenipotentiaries: The President of the United States of America:
Mr. Henry L. Stimson, Secretary of State of the United States of America; and
The President of the National Government of the Republic of China:
Mr. Chao-Chu Wu, Envoy Extraordinary and Minister Plenipotentiary of the Republic of China to the United States of America; Who, having communicated to one another their full powers found to be in good and due form, have agreed upon and concluded the following articles:
ARTICLE I. All differences relating to international matters in which the High Contracting Parties are concerned by virtue of at claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to the Permanent International Commission constituted pursuant to the treaty signed at Washington September 15, 1914, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide, if necessary, for the organization of such tribunal, shall define its powers, shall state the question or questions at issue, and shall settle the terms of reference.
The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of China in accordance with its constitutional law. ARTICLE II. The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which
a) is within the domestic jurisdiction of either of the High Contracting Parties;
b) involves the interests of third Parties;
c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine;
d) depends upon or involves the observance of the obligations of China in accordance with the Covenant of the League of Nations. ARTICLE III. The present treaty, in English, Chinese and French, shall be ratified by the President of the United States of America. by and with the advice and consent of the Senate thereof, and by the National Government of the Republic of China in accordance with Chinese constitutional law. The English and Chinese texts shall have equal force, but in case of divergence the French text shall prevail.
The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of ratifications. It shall thereafter remain in force continuously unless and until terminated by one year's written notice given by either High Contracting Party to the other.
In faith whereof, the respective Plenipotentiaries have signed this treaty, in duplicate, in the English, Chinese and French languages, and hereunto affixed their seals.
Done at Washington this 27th day of June, one thousand nine hundred and thirty, corresponding to the 27th day of the sixth month of the nineteenth year of the Republic of China.
(Signed) Henry L. Stimson..
ARRANGEMENT RESPECTING THE STATUS OF SERRANA AND QUITA SUEÑO BANKS AND RONCADOR CAY
Signed April 10, 1928
(Treaty Series, No. 760%; not in the Statutes)
[EXCHANGE OF NOTES]
[The Minister of Colombia to the Secretary of State]
COLOMBIAN LEGATION, Washington, D. C., April 10, 1928. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia, duly authorized by his Government, proposes to His Excellency the Secretary of State of the United States the conclusion, by exchange of notes of the following agreement respecting the status of Serrana and Quita Sueño Banks and Roncador Cay, situated in the western part of the Caribbean Sea, that is to say, that whereas both Governments have claimed the right of Sovereignty over these Islands; and whereas the interest of the United States lies primarily in the maintenance of aids to navigation; and whereas Colombia shares the desire that such aids shall be maintained. without interruption and furthermore is especially interested that her nationals shall uninterruptedly possess the opportunity of fishing in the waters adjacent to those Islands, the status quo in respect to the matter shall be maintained and the Government of Colombia will refrain from objecting to the maintenance by the United States of the services which it has established or may establish for aids to navigation, and the Government of the United States will refrain from objecting to the utilization, by Colombian nationals, of the waters. appurtenant to the Islands for the purpose of fishing. (Signed) Enrique Olaya. His Excellency Frank B. Kellogg, Secretary of State, Washington.
[The Secretary of State to the Minister of Colombia]
DEPARTMENT OF STATE, Washington, April 10, 1928.
SIR: The undersigned, the Secretary of State, has the honor to acknowledge and take cognizance of a note of this date from the Envoy Extraordinary and Minister Plenipotentiary of the Republic