ARTICLE I

Obligations contracted under Brussels Act of 1890.-Import Duties in Zanzibar Protectorate.

Recognizing that it is just and necessary to facilitate to that portion of the dominions of His Highness the Sultan of Zanzibar which is under the protection of Great Britain, and which is situated in the basin of the Congo, as defined by the General Act of the African Conference at Berlin of February 26, 1885, the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of 2nd July, 1890, the United States waives any objection on its part to the collection of import duties upon merchandise imported into that Protectorate.

Tariff of Duties for 15 years from July 2, 1890, not to exceed 10 per cent., except for Spirits, Fire-arms, and Ammunition.

The tariff of these duties, as provided in the Declaration of Brussels bearing the same date as the said General Act of Brussels for the period of fifteen years next ensuing from that date, is not to exceed ten per centum of the value of the merchandise at the port of importation, except for spirits and for fire-arms and ammunition, which are regulated by the General Act of Brussels.

After Period of 15 years from July 2, 1890, United States to be restored to the Relations with Zanzibar existing previously to this Convention.

At the expiration of the said period of fifteen years, and in default of a new agreement the United States will, with respect to this subject, be restored to the relations with the said Protectorate which existed prior to the conclusion of this Convention, the right to impose thereafter import duties to a maximum of ten per centum upon merchandise imported into the said Protectorate remaining acquired to the latter so long only as it shall continue to comply with the conditions and limitations stated in this Convention.

ARTICLE II.

Import Duties in Zanzibar Protectorate.-Most-favoured-nation

Treatment.

The United States shall enjoy in the said Protectorate as to import duties all the advantages accorded to the most favoured nation.

No Differential Treatment nor Transit Duty.

Neither differential treatment nor transit duty shall be estab lished in said Protectorate.

Application of Tariff Régime.

In the application of the tariff régime of the said Protectorate, the formalities and operations of commerce shall be simplified and facilitated so far as possible.

ARTICLE III.

United States' Vessels, Commerce, Citizens in Zanzibar Protectorate.Treatment accorded to Signatories of Berlin Act, or Most favoured-nation Treatment.

Considering the fact that in Article I of this Convention the United States has given its assent under certain conditions to the establishment of import duties in that portion of the dominions of His Highness the Sultan of Zanzibar which is under the protection of Great Britain, it is well understood that the said Protectorate assures to the flag, to the vessels, to the commerce, and to the citizens and inhabitants of the United States, in all parts of the territory of that Protectorate, 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 favoured nation.

Ratifications.

This Convention shall be ratified, and the ratifications shall be exchanged at Washington as soon as may be and within twelve months from the date hereof.

Done in duplicate at Washington, this thirty-first day of May, in the year of our Lord one thousand nine hundred and two.

CONVENTION BETWEEN GREAT BRITAIN AND THE UNITED STATES RESPECTING PAYMENT OF LIGHT AND HARBOUR DUES BY VESSELS OF THE UNITED STATES IN ZANZIBAR.

Signed at Washington, June 5, 1903.

[Ratifications exchanged at Washington, December 24, 1903.1

WHEREAS it is provided by Article III of the Treaty of Amity and Commerce concluded September 21, 1835, between the

United States of America and His Highness the Sultan of Muscat, which Treaty was accepted by His Highness the Sultan of Zanzibar after the separation of that State from the jurisdiction of Muscat, that vessels of the United States entering any ports of the Sultan's dominions shall pay no more than five per centum duties on the cargo landed; and this shall be in full consideration of all import and export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever;

And whereas no provision is made in the above-mentioned Treaty nor in any subsequent agreement for the payment of light and harbour dues in the dominions of His Highness the Sultan ;

And whereas His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar, and the United States of America are desirous, in the interest of commerce, of so amending the said Article III of the said Treaty of Amity and Commerce of September 21, 1833, as to permit the imposition of light dues at the rate of one anna upon every registered ton, with an added harbour due of one anna upon every registered ton, on vessels of the United States entering the ports in the islands of Zanzibar and Pemba :

Now, therefore, the High Contracting Parties have to that end resolved to conclude a Convention, and have for this purpose appointed their Plenipotentiaries, to wit:

His Britannic Majesty, the Right Honourable Sir Michael H. Herbert, G.C.M.G., C.B., His Majesty's Ambassador Extraordinary and Plenipotentiary; and

The President of the United States of America, John Hay, Secretary of State of the United States;

Who, having exhibited each to the other their respective full powers, which were found to be in due and proper form, have agreed upon the following Articles ;

ARTICLE I.

Dues on United States' Vessels in Ports of Islands of Zanzibar and

Pemba.

It is understood and agreed between the High Contracting Parties that nothing contained in said Article III of the said Convention of September 21, 1833, shall be construed as preventing the imposition on and collection from vessels of the United States entering any port in the islands of Zanzibar and Pemba of a light due of one anna per registered ton and an added harbour due of one anna per registered ton, His Britannic Majesty, acting in the name of His Highness the Sultan of Zanzibar, engaging that the light and harbour dues so imposed and collected shall be applied to the construction and maintenance of lighthouses and buoys for the proper lighting of the coasts of the said islands.

June 28, 1905.]

ARTICLE II.

Conditions on which United States consent to imposition of Light and Harbour Dues.

It is further understood and agreed between the High Contracting Parties that the consent of the United States to the imposition and collection of the light and harbour dues aforesaid is given on the conditions :

1. That really adequate lighthouses are provided and maintained; also that lights shall be placed upon the buoys when required by American vessels entering or leaving the harbour of Zanzibar at night.

2. That accounts of the receipts and expenditure of the dues are carefully kept and published.

3. That provision be made for the reduction of the dues if they should hereafter become disproportionate to the expenditure.

4. That the consent of all the other Powers having Treaties with Zanzibar be given to the imposition of the said light and harbour dues on their vessels, and that vessels of the United States be subject to no differential treatment.

ARTICLE III.
Ratifications.

The present Convention shall be ratified by His Britannic Majesty, and by the President of the United States of America, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged in the City of Washington as soon as practicable.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals.

Done at the City of Washington, this fifth day of June, in the year one thousand nine hundred and three.

(L.S.) MICHAEL H. HERBERT. (L.S.) JOHN HAY.

No. 197.

EXCHANGE OF NOTES BETWEEN GREAT BRITAIN AND THE UNITED STATES AS TO THE RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA.

June 28, 1905.
(No. 1.)

Mr. Rockhill to Sir E. Satow.

Mr. Minister and dear Colleague,

American Legation, Peking, China,
June 28, 1905.

THE Acting Secretary of State of the United States has informed me in an instruction dated April 17, 1905, that you

have been authorized by your Government to enter into a reciprocal agreement with me for the mutual protection of trade-marks registered in the United States and Great Britain against infringement in China by the citizens or subjects of our respective nations, and he has given me authority to effect with you by an exchange of notes an agreement for the reciproca protection of American and British trade-marks in China.

In pursuance of the general agreement reached between our respective Governments on the subject, it affords me much satisfaction to agree on behalf of the Government of the United States, that henceforth trade-marks of British subjects, having been duly registered in the United States of America, will be protected against infringement by such persons as come under the jurisdiction of the United States' Consular Courts in China, in which effectual provision exists for the punishment of such infringements by American citizens.

I have, &c.

(Signed)

(No. 2.)

W. W. ROCKHILL.

Sir E. Satow to Mr. Rockhill.

Mr. Minister and dear Colleague, Peking, June 28, 1905. I HAVE the honour to acknowledge the receipt of your letter of this date, informing me that you have been authorized by your Government to effect with me by an exchange of notes an agreement for the reciprocal protection of American and British trade-marks.

I beg to thank you for this communication and to assure you that it affords me much satisfaction to enter into this reciprocal agreement, and henceforth protection will be afforded in China by His Britannic Majesty's Supreme Court for China and Corea and the Provincial Courts to trade-marks of citizens of the United States which have been duly registered in Great Britain in conformity with "The Patents, Designs, and Trade-marks Acts, 1883 to 1888."

At the same time it appears necessary to mention that the consent in writing of His Majesty's Minister or Chargé d'Affaires must be obtained on each occasion, which consent will be given as a matter of course in consequence of the assurance contained in your note under reply that effectual provision exists for the punishment in the United States' Consular Courts in China of infringement, by such persons as come under the jurisdiction of those Courts, of the trade-marks of British subjects which shall have been duly registered in the United States of America.

I have, &c.

(Signed) ERNEST SATOW.