No. 5. TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY. Signed at Buda-Pesth, December 5, 1876.* [Ratifications exchanged at Vienna, December 29, 1876.] HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, on the other part, being equally desirous to regulate and extend the commercial relations between their respective States and Possessions, have resolved, after notice had been given for the termination of the Treaty of Commerce of the 16th of December, 1865, and of the Convention supplementary thereto of the 30th December, 1869, to conclude a new Treaty for the above purpose, and have appointed as their Plenipotentiaries, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Sir Andrew Buchanan, a Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Imperial and Royal Apostolic Majesty; And His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, Julius, Count Andrássy de Csik-Szent-Király et Kraszna-Horka, Grand Cross of the Order of St. Stephen, General in His Imperial Majesty's Army, Privy Councillor, Minister of the Imperial House and of Foreign Affairs; Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon and concluded the following Articles: ARTICLE I. Residence, Commerce, Imposts. Treatment. Most-favoured-nation The subjects of His Imperial and Royal Apostolic Majesty who reside temporarily or permanently in the territories and possessions, including the Colonies and foreign possessions, of *Signed also in German and Magyar. Her Britannic Majesty, and the subjects of Her Britannic Majesty who reside temporarily or permanently in the AustroHungarian Monarchy, shall enjoy therein during the continuance of this Treaty, with respect to residence and the exercise of commerce and trade, the same rights as, and shall not be subjected to any higher or other imposts than, the subjects of any third country the most favoured in these respects. ARTICLE II. Imports: Duties, &c.-Most-favoured-nation Treatment. The produce and manufactures of, as well as all goods coming from, Austria-Hungary, which are imported into the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, and the produce and manufactures of, as well as all goods coming from, British possessions, which are imported into the Austro-Hungarian Monarchy, whether intended for consumption, warehousing, re-exportation or transit, shall therein, during the continuance of this Treaty, be treated in the same manner as, and in particular shall be subjected to no higher or other duties than, the produce and goods of any third country, the most favoured in this respect. Exports: Duties, &c.—Most-favoured-nation Treatment. No other or higher duties shall be levied in the AustroHungarian Monarchy on the exportation of any goods to the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, or in the territories and possessions, including the Colonies and foreign possessions, of Her Britannic Majesty, on the exportation of any goods to the Austro-Hungarian Monarchy, than on the exportation of the like goods to any third country the most favoured in this respect. Transit of Goods.-Most-favoured-nation Treatment. The two High Contracting Parties likewise guarantee to each other treatment on the footing of the most favoured third country in regard to the transit of goods through the territory of the one from and to the territory of the other. ARTICLE III. Reductions in Tariff, Favours, and Immunities.-Most-favourednation Treatment. Every reduction in the Tariff of Import and Export Duties, as well as every favour or immunity that one of the Con tracting Parties grants to the subjects and commerce of a third Power, shall be participated in simultaneously and unconditionally by the other. ARTICLE IV. Exceptions to Most-favoured-nation Treatment. The stipulations of the foregoing Articles, I to III, relative to the reciprocal treatment on the footing of the most favoured third country, shall not apply Turkish Trade. 1. To those special and ancient privileges which are accorded to Turkish subjects for the Turkish trade in Austria-Hungary. Frontier Traffic and District Privileges. 2. To those advantages which are or may be granted on the part of the Austro-Hungarian Monarchy to the neighbouring countries solely for the purpose of facilitating the frontier traffic, or to those reductions of, or exemptions from, Customs duties which are only valid in the said Monarchy for certain frontiers, or for the inhabitants of certain districts. Customs Union. 3. To the obligations imposed upon either of the High Contracting Parties by a Customs Union already concluded, or which may hereafter be concluded. ARTICLE V. Exports, Imports, and Transit: Prohibitions.-Most-favoured nation Treatment. Neither of the High Contracting Parties shall establish a prohibition of importation, exportation, or transit against the other which shall not, under like circumstances, be applicable to the third country most favoured in this respect. ARTICLE VI. Trade-Marks, &c.-National Treatment. The subjects of one of the two High Contracting Parties shall enjoy in the territories of the other the same protection as native subjects with regard to rights of ownership over trade and manufacture marks, and other distinctive marks of goods or their packages, as well as over patterns and designs for manufactures. The subjects of Her Britannic Majesty will not, however, be able to claim in Austria-Hungary the exclusive right to a mark or other indication on a pattern or design unless they have deposited two specimens of it in the Chambers of Commerce at Vienna and Buda-Pesth. ARTICLE VII. Duration of Treaty. The present Treaty shall come into force on the 1st of January, 1877, and remain in operation until the 31st of December of the same year. ARTICLE VIII. Ratifications. The present Treaty shall be ratified as soon as possible, and the ratifications shall be exchanged at Vienna by the 31st of December, 1876, at latest. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Buda-Pesth, on the 5th day of December, in the year of our Lord one thousand eight hundred and seventy-six. (L.S.) ANDREW BUCHANAN. (L.S.) ANDRASSY. No. 6. PROTOCOL RESPECTING ARTICLE IV OF THE TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY OF DECEMBER 5, 1876. Signed at Buda-Pesth, December 5, 1876.* Definition of Customs Union mentioned in Article IV of Treaty. ON proceeding to the signature of the Treaty of Commerce concluded this day between the United Kingdom of Great *Signed also in German and Magyar. [November 26, 1877. Britain and Ireland and the Austro-Hungarian Monarchy, and on the demand addressed to him by the Plenipotentiary of Her Britannic Majesty, the Plenipotentiary of His Majesty the Emperor and King hereby declares that the stipulation contained in paragraph 3 of Article IV only refers to the Customs Union between the said Monarchy and the Principality of Liechtenstein. The Plenipotentiary of Her Britannic Majesty takes note of this declaration. The present Protocol, drawn up in duplicate, was signed at Buda-Pesth, on the 5th December, 1876. ANDREW BUCHANAN. No. 7. DECLARATION PROLONGING THE DURATION OF THE TREATY OF COMMERCE BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY OF DECEMBER 5, 1876. Signed at Buda-Pesth, November 26, 1877.* WHEREAS the Treaty of Commerce concluded between Great Britain and Austria-Hungary on the 5th of December, 1876, will terminate, according to Article VII, upon the 31st of December, 1877, the Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the Emperor of Austria, King of Bohemia, etc., Apostolic King of Hungary, actuated by the desire to prolong the operation of this Treaty, have agreed upon the following stipulation: The duration of the Treaty of Commerce concluded between Great Britain and Austria-Hungary on the 5th of December, 1876, shall be prolonged indefinitely, with the reservation that both the Contracting Parties are at all times entitled to denounce the same. In case one of the two Contracting Parties should notify its intention to put an end to the operation of this Treaty, it shall remain in force for the term of one year from the date upon which the notice shall have been given. *Signed also in German and Magyar. |