STATUTE ARTICLE 1 All ports which are normally frequented by sea-going vessels and used for foreign trade shall be deemed to be maritime ports within the meaning of the present statute. ARTICLE 2 Subject to the principle of reciprocity and to the reservation set out in the first paragraph of Article 8, every contracting state undertakes to grant the vessels of every other contracting state equality of treatment with its own vessels, or those of any other state whatsoever, in the maritime ports situated under its sovereignty or authority, as regards freedom of access to the port, the use of the port, and the full enjoyment of the benefits as regards navigation and commercial operations which it affords to vessels, their cargoes and passengers. The equality of treatment thus established shall cover facilities of all kinds, such as allocation of berths, loading and unloading facilities, as well as dues and charges of all kinds levied in the name or for the account of the government, public authorities, concessionaries or undertakings of any kind. ARTICLE 3 The provisions of the preceding article in no way restrict the liberty of the competent port authorities to take such measures as they may deem expedient for the proper conduct of the business of the port provided that these measures comply with the principle of equality of treatment as defined in the said article. ARTICLE 4 All dues and charges levied for the use of maritime ports shall be duly published before coming into force. The same shall apply to the by-laws and regulations of the port. In each maritime port the port authority shall keep open for inspection, by all persons concerned, a table of the dues and charges in force, as well as a copy of the by-laws and regulations. ARTICLE 5 In assessing and applying customs and other analogous duties, local octroi or consumption duties, or incidental charges, levied on the importation or exportation of goods through the maritime ports situated under the sovereignty or authority of the contracting states, the flag of the vessel must not be taken into account and, accordingly, no distinction may be made to the detriment of the flag of any contracting state whatsoever as between that flag and the flag of the state under whose sovereignty or authority the port is situated, or the flag of any other state whatsoever. ARTICLE 6 In order that the principle of equal treatment in maritime ports laid down in Article 2 may not be rendered ineffective in practice by the adoption of other methods of discrimination against the vessels of a contracting state using such ports, each contracting state undertakes to apply the provisions of Articles 4, 20, 21 and 22 of the statute annexed to the Convention on the International Régime of Railways, signed at Geneva, on the 9th December, 1923, so far as they are applicable to traffic to or from a maritime port, whether or not such contracting state is a party to the said Convention on the International Régime of Railways. The aforesaid articles are to be interpreted in conformity with the provisions of the protocol of signature of the said convention. (See Annex.) ARTICLE 7 Unless there are special reasons justifying an exception, such as those based upon special geographical, economic or technical conditions, the customs duties levied in any maritime port situated under the sovereignty or authority of a contracting state may not exceed the duties levied on the other customs frontiers of the said state on goods of the same kind, source or destination. If, for special reasons as set out above, a contracting state grants special customs facilities on other routes for the importation or exportation of goods, it shall not use these facilities as a means of discriminating unfairly against importation or exportation through the maritime ports situated under its sovereignty or authority. ARTICLE 8 Each of the contracting states reserves the power, after giving notice through diplomatic channels, of suspending the benefit of equality of treatment from any vessel of a state which does not effectively apply, in any maritime port situated under its sovereignty or authority, the provisions of this statute to the vessels of the said contracting state, their cargoes and passengers. In the event of action being taken as provided in the preceding paragraph, the state which has taken action and the state against which action is taken, shall both alike have the right of applying to the Permanent Court of International Justice by an application addressed to the registrar; and the court shall settle the matter in accordance with the rules of summary procedure. Every contracting state shall, however, have the right at the time of signing or ratifying this convention, of declaring that it renounces the right of taking action as provided in the first paragraph of this article against any other state which may make a similar declaration. ARTICLE 9 This statute does not in any way apply to the maritime coasting trade. ARTICLE 10 Each contracting state reserves the right to make such arrangements for towage in its maritime ports as it thinks fit, provided that the provisions of Articles 2 and 4 are not thereby infringed. ARTICLE 11 Each contracting state reserves the right to organize and administer pilotage services as it thinks fit. Where pilotage is compulsory, the dues and facilities offered shall be subject to the provisions of Articles 2 and 4, but each contracting state may exempt from the obligation of compulsory pilotage such of its nationals as possess the necessary technical qualifications. ARTICLE 12 Each contracting state shall have the power, at the time of signing or ratifying this convention, of declaring that it reserves the right of limiting the transport of emigrants, in accordance with the provisions of its own legislation, to vessels which have been granted special authorization as fulfilling the requirements of the said legislation. In exercising this right, however, the contracting state shall be guided, as far as possible, by the principles of this statute. The vessels so authorized to transport emigrants shall enjoy all the benefits of this statute in all maritime ports. ARTICLE 13 This statute applies to all vessels, whether publicly or privately owned or controlled. It does not, however, apply in any way to warships or vessels performing police or administrative functions, or, in general, exercising any kind of public authority, or any other vessels which for the time being are exclusively employed for the purposes of the naval, military or air forces of a state. ARTICLE 14 This statute does not in any way apply to fishing vessels or to their catches. ARTICLE 15 Where in virtue of a treaty, convention or agreement a contracting state has granted special rights to another state within a defined area in any of its maritime ports for the purpose of facilitating the transit of goods or passengers to or from the territory of the said state, no other contracting state can invoke the stipulations of this statute in support of any claim for similar special rights. Every contracting state which enjoys the aforesaid special rights in a maritime port of another state, whether contracting or not, shall conform to the provisions of this statute in its treatment of the vessels trading with it, and their cargoes and passengers. Every contracting state which grants the aforesaid special rights to a noncontracting state is bound to impose, as one of the conditions of the grant, an obligation on the state which is to enjoy the aforesaid rights to conform to the provisions of this statute in its treatment of the vessels trading with it, and their cargoes and passengers. ARTICLE 16 Measures of a general or particular character which a contracting state is obliged to take in case of an emergency affecting the safety of the state or the vital interests of the country may, in exceptional cases, and for as short a period as possible, involve a deviation from the provisions of Articles 2 to 7 inclusive; it being understood that the principles of the present statute must be observed to the utmost possible extent. ARTICLE 17 No contracting state shall be bound by this statute to permit the transit of passengers whose admission to its territories is forbidden, or of goods of a kind of which the importation is prohibited, either on grounds of public health or security, or as a precaution against diseases of animals or plants. As regards traffic other than traffic in transit, no contracting state shall be bound by this statute to permit the transport of passengers whose admission to its territories is forbidden, or of goods of which the import or export is prohibited, by its national laws. Each contracting state shall be entitled to take the necessary precautionary measures in respect of the transport of dangerous goods or goods of a similar character, as well as general police measures, including the control of emigrants entering or leaving its territory, it being understood that such measures must not result in any discrimination contrary to the principles of the present statute. Nothing in this statute shall affect the measures which one of the contracting states is or may feel called upon to take in pursuance of general international conventions to which it is a party, or which may be concluded hereafter, particularly conventions concluded under the auspices of the League of Nations, relating the traffic in women and children, the transit, export or import of particular kinds of articles such as opium or other dangerous drugs, arms, or the produce of fisheries, or in pursuance of general conventions intended to prevent any infringement of industrial, literary or artistic property, or relating to false marks, false indications of origin or other methods of unfair competition. ARTICLE 18 This statute does not prescribe the rights and duties of belligerents and neutrals in time of war. The statute shall, however, continue in force in time of war so far as such rights and duties permit. ARTICLE 19 The contracting states undertake to introduce into those conventions in force on the 9th December, 1923, which contravene the provisions of this statute, so soon as circumstances permit, and in any case on the expiry of such conventions, the modifications required to bring them into harmony with such provisions, so far as the geographical, economic or technical circumstances of the countries or areas concerned allow. The same shall apply to concessions granted before the 9th December, 1923, for the total or partial exploitation of maritime ports. ARTICLE 20 This statute does not entail in any way the withdrawal of facilities which are greater than those provided for in the statute and which have been granted in respect of the use of maritime ports under conditions consistent with its principles. This statute also entails no prohibition of such grant of greater facilities in the future. ARTICLE 21 Without prejudice to the provisions of the second paragraph of Article 8, disputes which may arise between contracting states as to the interpretation or the application of the present statute shall be settled in the following manner: Should it prove impossible to settle such dispute either directly between the parties or by any other method of amicable settlement, the parties to the dispute may, before resorting to any procedure of arbitration or to a judicial settlement, submit the dispute for an advisory opinion to the body established by the League of Nations as the advisory and technical organization of members of the League for matters of communications and transit. In urgent cases a preliminary opinion may be given recommending temporary measures, including measures to restore the facilities for international traffic which existed before the act or occurrence which gave rise to the dispute. Should it prove impossible to settle the dispute by any of the methods of procedure enumerated in the preceding paragraph, the contracting states shall submit their dispute to arbitration, unless they have decided, or shall decide, under an agreement between them, to bring it before the Permanent Court of International Justice. ARTICLE 22 If the case is submitted to the Permanent Court of International Justice, it shall be heard and determined under the conditions laid down in Article 27 of the statute of the court. If arbitration is resorted to, and unless the parties decide otherwise, each party shall appoint an arbitrator, and a third member of the arbitral tribunal shall be elected by the arbitrators, or, in case the latter are unable to agree, |