family nor partners in business, his property shall, in the dominions of both of the High Contracting Parties, be placed, as far as the laws of the land permit it, under the charge and control of the respective Consular officers, in order that these may deal with it in the customary manner according to the laws and usages of their country. XVI. Men-of-war belonging to one of the Contracting German States may enter the river and anchor at Paknam, but in case they intend to proceed to Bangkok, they must first inform the Siamese authorities, and come to an understanding with the same respecting the anchorage. XVII. Should a German vessel in distress enter into a Siamese port, the local authorities shall offer every facility for her being repaired and revictualled, so that she may be able to continue her voyage. Should a German vessel be wrecked on the coast of the Kingdom of Siam, the Siamese authorities of the nearest place being informed thereof, shall immediately afford every possible assistance to the crew, and take all measures necessary for the relief and security of the vessel and cargo. They shall thereupon inform the German Consular officer of what has taken place, in order that he may, in conjunction with the competent Siamese authority, take the proper steps for sending the crew home and dealing with the wreck and cargo. XVIII. By paying the import and export duties mentioned hereafter, vessels belonging to one of the Contracting German States, and their cargoes shall be free in Siam of all dues of tonnage, pilotage, and anchorage or other dues whatsoever, as well on their arrival as their departure. They shall enjoy all privileges and immunities which are or shall be granted to junks, Siamese vessels, or vessels of the most favoured nation. XIX. The duties to be levied on merchandize imported into the Kingdom of Siam by vessels belonging to any of the Contracting German States, shall not exceed 3 per cent. on their value. They shall be paid in kind or in money at the choice of the importer. If the importer cannot agree with the Siamese Custom-House officers as to the value of the merchandize imported, the matter shall be referred to the Consular officer and a competent Siamese functionary, who, if they consider it necessary, will each invite one or two merchants to act as advisers, and will settle the difference according to justice. After payment of the said import duty of 3 per cent., the merchandize may be sold by wholesale or retail, free of any other charge whatsoever. Should goods be landed and not sold, and be again. shipped for exportation, the whole of the duties paid on them shall be reimbursed; and in general no duty shall be levied on any cargo not sold. Nor shall any further duties, taxes, or charges be imposed or levied on imported goods, after they have passed into the hands of Siamese purchasers. XX. The duties to be levied on Siamese produce either before or at the time of shipment, shall be according to the tariff annexed to the present Treaty. Every article of produce subject to duties of exportation according to this tariff shall be free of all transit and other dues throughout the whole Kingdom of Siam; and it is likewise agreed, that no Siamese produce which shall have paid transit or other dues, shall be subject to any tariff duty or other charge whatsoever, either before or at the time of shipment. XXI. On paying the duties above mentioned, which are not to be augmented in future, subjects of the Contracting German States shall be at liberty to import into the Kingdom of Siam from German and foreign ports, and likewise to export for all destinations, all goods, which on the day of the signing of the present Treaty are not the object of a formal prohibition or a special monopoly. The Siamese Government reserves to itself, however, the right of prohibiting the exportation of rice, whenever it shall find reason to apprehend a dearth in the country. But such prohibition, which must be published one month before being enforced, shall not interfere with the fulfilment of contracts made bona fide before its publication; German merchants shall, however, inform the Siamese authorities of any bargains they have concluded previously to the prohibition. It shall also be permitted that ships which have arrived in Siam at the time of the publication of said prohibition, or are on their way to Siam from Chinese ports or from Singapore, if they have left these ports before the prohibition to export could be known there, may be laden with rice for exportation. Should the Siamese Government hereafter reduce the duties on goods imported or exported in Siamese or other bottoms, vessels belonging to any of the Contracting German States which import or export similar produce, shall immediately participate in the benefits accruing from such a reduction. XXII. The Consular officers of the Contracting German States shall see that German merchants and seamen conform themselves to the regulations annexed to the present Treaty, and the Siamese authorities shall aid them herein. All fines levied for infractions of the present Treaty shall belong to the Siamese Government. XXIII. The Contracting German States and their subjects shall be allowed free and equal participation in all privileges that may have been or may hereafter be granted by the Siamese Government to the Government, subjects or citizens of any other nation. XXIV. After the lapse of 12 years from the date of ratification of this Treaty, the Contracting States may propose a revision of the present Treaty, and of the Regulations and Tariff thereunto annexed, in order to introduce such alterations, additions and amendments, as experience may prove to be desirable. Notice of such an intention must, however, be given at least a year beforehand. XXV. The present Treaty is executed in fourfold copies in the German, the Siamese, and the English language. All these versions have one and the same meaning and intention, but the English text shall be looked upon as the original text of the Treaty, so that if any different interpretation of the German and Siamese versions should ever occur, the English text shall determine the sense. The Treaty shall take effect immediately, and its ratifications shall be exchanged at Bangkok within 18 months of the present date. In witness thereof the Plenipotentiaries named at the beginning have signed and sealed the present Treaty at Bangkok on the 7th day of the month of February in the year of our Lord 1862, corresponding to the Siamese date of the 8th day of the 3rd moon in the year of the cock, the 3rd of the decade, and the 11th of the present reign, and the year 1823 of the Siamese civil era. (L.S.) COUNT OF EULENBURG. (L.S.) KROMMA LUANG WONGSA TEERAT SENNEET. (L.S.) CHOWPRAYA SURIWONGS SAMUHA PRAKRALAHOME. (L.S.) CHOW PRAYA RAWIWONG MAHA KOSATIBODEE. (L.S.) CHOW PYA YOMARAT. (L.S.) PRAYA MONTREE PRAKRALAHOME FIGHNEAR. TRADE REGULATIONS. 1. THE master of every ship belonging to one of the Contracting German States which comes to Bangkok to trade, must either before or after entering the river, as he may choose, report the arrival of his vessel at the Paknam Custom-House, and the number of his crew and guns, and the name of the port from whence he comes. As soon as his vessel has anchored at Paknam, he shall deliver up all his guns and ammunition into the custody of the Custom-House officers, and a Custom-House officer will then be appointed to accompany the vessel to Bangkok. 2. Every merchant-vessel passing Paknam without discharging her guns and ammunition as directed in the foregoing regulation, will be sent back to Paknam to comply with its provisions, and will be liable to a fine not exceeding 800 ticals. After having given up ! her guns and ammunition, she will be permitted to return to Bangkok. 3. Whenever a German merchant vessel shall have cast anchor at Bangkok, the master shall, unless a holiday intervenes, proceed within 24 hours to the German Consulate, and there deposit the ship's papers, bills of lading, &c., together with a true manifest of his cargo; and upon the Consular officer reporting these particulars to the Custom-House, permission to break bulk will at once be given by the latter. Should the Custom-House delay granting such permission for more than 24 hours, the Consular officer may give a permit, which shall have the same validity as if it proceeded from the Custom-House. For neglecting to report his arrival, or for presenting a false manifest, the master will be liable to a penalty not exceeding 400 ticals; but he will be allowed to correct, within 24 hours after delivery of it, any mistake he may discover in his manifest, without incurring any penalty. 4. A German vessel breaking bulk, and commencing to discharge before having obtained due permission, or smuggling on the river or outside the bar, shall be subject to a penalty not exceeding 800 ticals, and to confiscation of the goods so smuggled or discharged. 5. As soon as a German vessel shall have discharged her cargo and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the German Consular officer, a Siamese port clearance shall be granted to her; and in the absence of any legal impediment to her departure, the Consular officer will then return the ship's papers to the master, and allow the vessel to leave. A Custom-House officer will accompany the vessel to Paknam, and there she will be inspected by the CustomHouse officers of that station, and will receive back from them the guns and ammunition previously delivered into their charge. 6. All Custom-House officers shall carry a badge, by which they can be distinguished when acting officially, and only two Custom-House officers shall be allowed on board a German vessel at one time, unless a greater number should be required to effect the seizure of smuggled goods. [Here follow the signatures of the same Plenipotentiaries. See Page 749.] Tariff of Import, Export, and Inland Duties to be levied on Articles of Trade. SECT. 1. THE duty on goods imported into the Kingdom of Siam in vessels belonging to one of the Contracting German States, shall not exceed 3 per cent. on their value, and shall be paid either in kind or in money, at the choice of the importer. |