accord, the United States of America will be replaced, as to the Independent State of the Congo, in the situation which existed prior to July 2nd 1890; the right to impose import duties to a maximum of 10% upon merchandise imported into the said State remaining acquired tɔ it, on the conditions and within the limitations determined in articles XI and XII of this treaty.

ARTICLE XI.

The United States shall enjoy in the Independent State of the Congo, as to the import duties, all the advantages accorded to the most favored nation.

It has been agreed besides:

1. That no differential treatment nor transit duty can be established; 2. That, in the application of the tariff régime which will be introduced, the Congo State will apply itself to simplify as far as possible, the formalities and to facilitate the operations of commerce.

ARTICLE XII.

Considering the fact that in Article X of the present treaty, the United States of America have given their assent to the establishment of import duties in the Independent State of the Congo under certain conditions, it is well understood that the said Independent State of the Congo assures to the flag, to the vessels, to the commerce and to the citizens and inhabitants of the United States of America, in all parts of the territories of that State, all the rights, privileges and immunities concerning import and export duties, tariff régime, interior taxes and charges and, in a general manner, all commercial interests, which are or shall be accorded to the signatory Powers of the Act of Berlin, or to the most favored nation.

ARTICLE XIII.

In case a difference should arise between the two High contracting Parties as to the validity, interpretation, application or enforcement of any of the provisions contained in the present treaty, and it could not be arranged amicably by diplomatic correspondence between the two Governments, these last agree to submit it to the judgment of an arbitration tribunal, the decision of which they bind themselves to respect and execute loyally.

The tribunal will be composed of three members. Each of the two High contracting Parties will designate one of them, selected outside of

the citizens and the inhabitants of either of the contracting States and of Belgium. The High contracting Parties will ask, by common accord, a friendly Government to appoint the third arbitrator, to be selected equally outside of the two contracting States and of Belgium.

If an arbitrator should be unable to sit by reason of death, resignation or for any other cause, he shall be replaced by a new arbitrator whose appointment shall be made in the same manner as that of the arbitrator whose place he takes.

The majority of arbitrators can act in case of the intentional absence or formal withdrawal of the minority. The decision of the majority of the arbitrators will be conclusive upon all questions to be determined.

The general expenses of the arbitration procedure will be borne, in equal parts, by the two High contracting Parties; but the expenses made by either of the parties for preparing and setting forth its case will be at the cost of that party.

ARTICLE XIV.

It is well understood that if the declaration on the subject of the import duties, signed July 2nd 1890, by the signatory Powers of the Act of Berlin, should not enter into force, in that case the present treaty would be absolutely null and without effect.

ARTICLE XV.

The present treaty shall be subject to the approval and the ratification, on the one hand, of the President of the United States, acting by the advice and with the consent of the Senate, and, on the other hand, of His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo.

The ratifications of the present treaty shall be exchanged at the same time as those of the General Act of Brussels of July 2nd 1890, and it will enter into force at the same date as the latter.

In faith of which the respective Plenipotentiaries of the High contracting Parties have signed the present treaty in duplicate, in English and in French, and have attached thereto their seals.

Done at Brussels the twenty-fourth day of the month of January of the year Eighteen hundred and ninety one.

[SEAL.] [SEAL.]

EDWIN H. TERRELL.

EDM. VAN EETVELDE.

ARRANGEMENT GIVING THE REGULATION OF THE RIGHT OF PREFERENCE OF FRANCE OVER THE TERRITORIES OF THE CONGO FREE STATE.

February 5, 1895.

Considering that in virtue of the letters exchanged on the 23d and 24th of April, 1884, between M. Strauch, president of the International Association of the Congo, and M. J. Ferry, President of the Council and Minister of Foreign Affairs of the French Republic, a right of preference has been assured to France in case the association should be led some day to alienate its possessions; that this right of preference has been maintained since the Congo Free State replaced the International Association;

Considering that, in view of the transfer to Belgium of the possessions of the Congo Free State, by virtue of the treaty of cession of January 9, 1895, the Belgian Government will be substituted in the obligation contracted for under this agreement by the Government of the said State;

The undersigned have agreed upon the following provisions which shall regulate henceforth the right of preference of France in regard to the Belgian colony of the Congo.

ARTICLE 1.

The Belgian Government recognizes the fact that France has a right of preference over its possessions in the Congo, in case of the alienation in whole or in part, of the latter burdened with certain conditions.

Any exchange of territories of the Congo with a foreign power; every concession, lease of the said territories, in whole or in part, to a foreign state or to a foreign company invested with the rights of sovereignty, will equally give rise to the exercise of the right of preference of France, and will form, consequently, the subject of previous negotiation between the Belgian government and the government of the French Republic.

ARTICLE 2.

The Belgian Government declares that no cession will ever be made gratuitously, of all or part of these said possessions.

ARTICLE 3.

The dispositions provided in the above articles apply to all the Belgian territories in the Congo.

In faith of which, the undersigned have drawn up the present arrangement, and have attached their seals thereto.

Done in duplicate, at Paris, February 5, 1895.

ADHESION OF THE UNITED STATES OF AMERICA TO THE CONVENTION SIGNED AT BRUSSELS JUNE 8, 1899, BY THE PLENIPOTENTIARIES OF CERTAIN POWERS FOR THE REGULATION OF THE IMPORTATION OF SPIRITUOUS LIQUORS INTO CERTAIN REGIONS OF AFRICA.

Convention signed at Brussels June 8, 1899; adhesion of the United States advised and consented to by the Senate December 14, 1900.

[Translation.]

His Majesty the German Emperor, King of Prussia, in the name of the German Empire; His Majesty the King of the Belgians; His Majesty the King of Spain, and in his name Her Majesty the Queen Regent of the Kingdom; His Majesty the King-Sovereign of the Independent State of the Congo; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of Italy; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the Emperor of All the Russias; his Majesty the King of Sweden and Norway, &c.; and His Majesty the Emperor of the Ottomans;

Wishing to provide for the execution of Article XCII of the General Act of Brussels, which prescribes the revision of the Regulations on the importation of spirituous liquors into certain regions of Africa;

Have resolved to assemble a Conference for the purpose at Brussels, and have named as their Plenipotentiaries, that is to say:

His Majesty the German Emperor, King of Prussia, in the name of the German Empire, M. Frederic-Jean, Count of Alvensleben, his Chamberlain and Privy Councillor, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; and M. Guillaume Göhring, his Councillor of Legation;

His Majesty the King of the Belgians, M. Auguste, Baron Lambermont, his Minister of State, his Envoy Extraordinary and Minister Plenipotentiary; and M. Auguste van Maldeghem, Councillor of the Court of Cassation of Belgium;

His Majesty the King of Spain, and in his name Her Majesty the Queen-Regent of the Kingdom, M. W. Ramirez de Villa-Urrutia, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King-Sovereign of the Independent State of the Congo, M. Paul de Smet de Naeyer, his Minister of State, Member of

the Chamber of Representatives of Belgium; and M. Hubert Droogmans, Secretary-General of the Finance Department of the Independent State of the Congo;

The President of the French Republic, M. A. Gérard, Envoy Extraordinary and Minister Plenipotentiary of the French Republic to His Majesty the King of the Belgians.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Francis Plunkett, her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians; and Mr. H. Farnall, of the Foreign Office;

His Majesty the King of Italy, M. R. Cantagalli, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

Her Majesty the Queen of the Netherlands, Jonkheer Rudulphe de Pestel, her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King of Portugal and the Algarves, M. AntoineMarie, Count of Tovar, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the Emperor of All the Russias, M. N. de Giers, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the King of Sweden and Norway, M. Auguste-L.-Fersen, Count Gyldenstolpe, his Minister Plenipotentiary to His Majesty the King of the Belgians;

His Majesty the Emperor of the Ottomans, Etienne Carathéodory Effendi, High Dignitary of his Empire, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Belgians;

Who, furnished with powers in good and due form, have adopted the following provisions:

ARTICLE I.

From the coming into force of the present Convention, the import duty on spirituous liquors, as that duty is regulated by the General Act of Brussels, shall be raised throughout the zone where there does not exist the system of total prohibition provided by Article XCI of the said General Act, to the rate of 70 fr. the hectolitre at 50 degrees centigrade for a period of six years.

It

may, exceptionally, be at the rate of 60 fr. only the hectolitre at 50 degrees centigrade in the Colony of Togo and in that of Dahomey.