The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. ARTICLE III. In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties reserve the right to act independently on the subject-matter of the dispute after the report of the Commission shall have been submitted. ARTICLE IV. The present treaty 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 President of the Republic of Guatemala, with the approval of the Congress thereof; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the 20th day of September, in the year of our Lord nineteen hundred and thirteen. AGREEMENT EFFECTED BY EXCHANGE OF NOTES EXTENDING THE TIME FOR THE APPOINTMENT OF THE COMMISSION UNDER ARTICLE II OF THE TREATY OF SEPTEMBER 20, 1913. Signed at Washington November 3, 1915. (Treaty Series, No. 598-A.) [The Secretary of State to the Minister of Guatemala.] Excellency: DEPARTMENT OF STATE, Washington, November 3, 1915. It not having been found possible to complete the International Commission provided for in the Treaty of September 20, 1913 be tween the United States and Guatemala, looking to the advancement of the general cause of peace, within the time specified in the Treaty, which expired February 13, 1915, 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 February 13, 1915 to January 1, 1916. Your formal notification in writing, of the same date as this, 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 [The Guatemalan Minister to the Secretary of State.] Excellency: LEGACION DE GUATEMALA. Washington. November 3rd, 1915. I have the honour to acknowledge the receipt of Your Excellency's note of today, in which Your Excellency suggests, that as it was not possible to complete the International Commission provided for in the Treaty of September 20, 1913, between the United States and Guatemala, looking to the advancement of the general cause of Peace, within the time specified in the Treaty, which expired February 13, 1915, that the time within which the organization of the Commission may be completed be extended by an exchange of notes from February 13, 1915 to January 1, 1916. In answer to Your Excellency's note, I beg to state that the Government of Guatemala receives the suggestion most favourably, and I therefore believe that this answer of mine in the name of my Government can be regarded as the completing of the exchange of notes. I avail myself of the opportunity to renew to Your Excellency, the assurances of my highest consideration and esteem. His Excellency ROBERT LANSING, JOAQUÍN MÉNDEZ. Secretary of State of the United States of America. Washington, D. C. AGREEMENT EFFECTED BY EXCHANGE OF NOTES EXTENDING THE TIME FOR THE APPOINTMENT OF THE COMMISSION UNDER ARTICLE II OF THE TREATY OF SEPTEMBER 20, 1913. Signed at Washington June 1, 1916. (Treaty Series, No. 598-B.) [The Secretary of State to the Minister of Guatemala.] DEPARTMENT OF STATE, Sir: It not having been found possible to complete the International Commission provided for in the Treaty of September 20, 1913, between the United States and Guatemala, looking to the advancement of the general cause of peace, within the time specified in the treaty and extended by the notes exchanged between us on November 3, 1915, 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 January 1, 1916, to July 1, 1916. Your formal notification in writing of the same date as this 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 [The Guatemalan Minister to the Secretary of State.] Your Excellency: LEGACION DE GUATEMALA. I have the honor to acknowledge the receipt of Your Excellency's note of this morning referring to it not having been found possible to complete the International Commission provided for in the Treaty of September 20, 1913 between the United States and Guatemala, looking to the advancement of the general cause of peace, within the time specified in the treaty and extended by the notes exchanged between Your Excellency and myself on November 3, 1915, and suggesting that the time within which the organization of the Commission may be completed be extended by an exchange of notes from January the 1st, 1916, to July 1st, 1916. I beg to inform Your Excellency that Your Excellency's suggestion has been favorably received by my Government and that therefore with Your Excellency's Government's acquiescence through this ex 29479 S. Doc. 348, 67-4 -14 change of notes we consider the time, for the completion of the said International Commission, extended until July 1, 1916. I avail myself of the opportunity to renew to Your Excellency the assurances of my highest consideration and respect. His Excellency JOAQUÍN MÉNDEZ Secretary of State of the United States of America. Washington, D. C. 1918. CONVENTION FOR THE DEVELOPMENT OF COMMERCE BY FACILITATING THE WORK OF TRAVELING SALESMEN. Signed at Washington December 3, 1918; ratification advised by the Senate December 19, 1918; ratified by the President February 25, 1919; ratified by Guatemala May 20, 1919; ratifications exchanged at Washington August 25, 1919; proclaimed August 27, 1919. (Treaty Scries, No. 642; 41 Statutes a: Large, 1669.) ARTICLES. I. Right of domiciled commercial II. Certificate from country of domi- V. Bonding of samples of commercial value. VI. Customs formalities to be simplified. VII. Vendors directly to consumer IX. Most-favored-nation clause. The United States of America and the Republic of Guatemala being desirous to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of traveling salesmen have agreed to conclude a convention for that purpose and have to that end appointed as their plenipotentiaries: The President of the United States of America, Robert Lansing, Secretary of State of the United States; and The President of the Republic of Guatemala, Señor Don Joaquín Méndez, His Envoy Extraordinary and Minister Plenipotentiary to the United States, who having communicated to each other their full powers, which were found to be in due form, have agreed upon the following articles: ARTICLE I. Manufacturers, merchants, and traders domiciled within the jurisdiction of one of the High Contracting Parties may operate as commercial travelers either personally or by means of agents or em ployés within the jurisdiction of the other High Contracting Party on obtaining from the latter, upon payment of a single fee, a license which shall be valid throughout its entire territorial jurisdiction,1 In case either of the High Contracting Parties shall be engaged in war, it reserves to itself the right to prevent from operating within its jurisdiction under the provisions of this treaty, or otherwise, enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety. ARTICLE II. In order to secure the license above mentioned the applicant must obtain from the country of domicile of the manufacturers, merchants, and traders represented a certificate attesting his character as a commercial traveler. This certificate, which shall be issued by the authority to be designated in each country for the purpose, shall be viséd by the consul of the country in which the applicant proposes to operate, and the authorities of the latter shall, upon the presentation of such certificate, issue to the applicant the national license as provided in Article I. ARTICLE III. A commercial traveler may sell his samples without obtaining a special license as an importer. ARTICLE IV. Samples without commercial value shall be admitted to entry free of duty. Samples marked, stamped, or defaced, in such manner that they cannot be put to other uses, shall be considered as objects without commercial value. ARTICLE V. Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not have been withdrawn from the country within a period of six (6) months. Duties shall be paid on such portion of the samples as shall not have been so withdrawn. ARTICLE VI. All customs formalities shall be simplified as much as possible with a view to avoid delay in the despatch of samples. ARTICLE VII. Peddlers and other salesmen who vend directly to the consumer, even though they have not an established place of business in the country in which they operate, shall not be considered as commercial 1 The licenses are issuable by the Department of Commerce in accordance with "An act to give effect to certain provisions of conventions with foreign governments for facilitating the work of traveling salesmen," approved September 22, 1922. |