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Limited liability and other companies and associations, commercial, industrial, and financial, already or hereafter to be organized in accordance with the laws of either high contracting party and domiciled in the territories of such party are authorized in the territories of the other to exercise their rights and appear in the courts either as plaintiffs or defendants, subject to the laws of such other party.
The foregoing stipulation has no bearing upon the question whether a company or association organized in one of the two countries will or will not be permitted to transact its business or industry in the other, this permission remaining always subject to the laws and regulations enacted or established in the respective countries or in any part thereof
All articles which are or may be legally imported into the ports of either high contracting part, from foreign countries in national vessels may likewise be imported into those ports in vessels of the other contracting party without being liable to any other or higher duties or charges, of whatever denomination, than if such articles were imported in national vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other foreign place.
In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid and the same bounties and drawbacks allowed in the territories of each of the contracting parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in vessels of the United States or in Japanese vessels, and whatever may be the place of destination, whether a port of the other party or of any third power.
In all that regards the stationing, loading, and unloading of vessels in the ports of the territories of the high contracting parties, no privileges shall be granted by either party to national vessels which are not equally, in like cases, granted to the vessels of the other country, the intention of the contracting parties being that in these respects the respective vessels shall be treated on the footing of perfect equality.
Merchant vessels navigating under the flag of the United States or that of Japan and carrying the papers required by their national laws to prove their nationality shall in Japan and in the United States be deemed to be vessels of the United States or of Japan, respectively.
No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other simiiar or corresponding duties of whatever denominations, levied in the name or for the profit of Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories of either country upon the vessels of the other, which shall not equally, under the same conditions, be imposed on national vessels in general, or on vessels of the most favored nation. Such equality of treatment shall apply reciprocally to the respective vessels from whatever place they may arrive and whatever may be their place of destination.
Vessels charged with performance of regular scheduled postal service of one of the high contracting parties, whether belonging to the State or subsidized by it for the purpose, shall enjoy, in the ports of the territories of the other, the same facilities, privileges and immunities as are granted to like vessels of the most favored nation.
The coasting trade of the high contracting parties is excepted from the provisions of the present treaty and shall be regulated according to the laws of the United States and Japan, respectively. It is, however, understood that the citizens or subjects of either contracting party shall enjoy in this respect most. favored-nation treatment in the territories of the other.
A vessel of one of the contracting parties, laden in a foreign country with cargo destined for two or more ports of entry in the territories of the other, may discharge a portion of her cargo at one of the said ports, and, continuing her voyage to the other port or ports of destination, there discharge the remainder of her cargo, subject always to the laws, tariffs, and customs regulations of the country of destination; and, in like manner and under the same reservation, the vessels of one of the contracting parties shall be permitted to load at several ports of the other for the same outward voyages.
Except as otherwise expressly provided in this treaty, the high contracting parties agree that, in all that concerns commerce and navigation, any privilege, favor, or immunity which either contracting party has actually granted, or may hereafter grant, to the citizens or subjects of any other State shall be extended to the citizens or subjects of the other contracting party gratuitously, if the concession in favor of that other State shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional.
The citizens or subjects of each of the high contracting parties shall enjoy in the territories of the other the same protection as native citizens or subjects in regard to patents, trade-marks, and designs, upon fulfillment of the formalities prescribed by law.
The present treaty shall, from the date on which it enters into operation, supersede the treaty of commerce and navigation dated the 22d day of November, 1894; and from the same date the last-named treaty shall cease to be binding.
The present treaty shall enter into operation on the 17th of July, 1911, and shall remain in force twelve years or until the expiration of six months from the date on which either of the contracting parties shall have given notice to the other of its intention to terminate the treaty.
In case neither of the contracting parties shall have given notice to the other six months before the expiration of the said period of twelve years of its intention to terminate the treaty, it shall continue operative until the expiration of six months from the date on which either party shall have given such notice,
The present treaty shall be ratified and the ratifications thereof shall be exchanged at Tokyo as soon as possible and not later than three months from the present date.
In witness whereof, the respective plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals.
Done at Washington the 21st day of February, in the nineteen hundred and eleventh year of the Christian era, corresponding to the 21st day of the 2d month of the 44th year of Meiji.
PHILANDER C. KNOX. (SEAL)
(SEAL) And whereas the advice and consent of the Senate of the United States to the ratification of the said treaty was given with the understanding “that the treaty shall not be deemed to repeal or affect any of the provisions of the act of Congress entitled 'An act to 319
regziste Le criation of a Jens inio te laai Sates approred FetriT2117;
ini beress ibe said understanding has been accepted or the GoTertnest of Japan;
And terras ibe said treaty, as amended br the Senate of the Cnited States. bas been duis ratbal on both parts and the natitia. tions of the to Gorernments were exchanged in the citr of Tokra on the fourth day of April, one thouand nine hundred and eleren;
Now, therefore, be it know that I, Tilliam Howand Taft, Pres. dent of the United States of Ameria, hare cauri the said tresty, as amended, and the said understanding to be made public, to the end that the same and every article and clause thereof mar be alsored and fulfilled with good faith by the United States and the citirens thereof.
In testimony whereof, I have hereunto set my hand and caused the ral of the United States to be affixed.
Done at the City of Washington this fifth dar of April, in the year of our Lord one thousand nine hundred and eleren, and of the independence of the United Siates of America the one hundred and thirty-fifth. (SEAL.]
W., H, Tarr. By the President: P. C. Kxos,
Secretary of State.
DECLARATION. In proceeding this day to the signature of the treaty of commerce and navigation between Japan and the United States the undersigned, Japanese ambassador in Washington, duly authorized by his Government, has the honor to declare that the Imperial Japanese Government are fully prepared to maintain with equal effectiveness the limitation and control which they have for the past three years exercised in regulation of the emigration of laborers to the United States.
Y. Uchida. FEBRUARY 21, 1911.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a protocol of a provisional tariff arrangement between the United States of America and the Empire of Japan was concluded and signed by their respective plenipotentiaries at Washington on the twenty-first day of February, one thousand nine hundred and eleven, the original of which protocol, being in the English language is, as amended by the Senate of the United States, word for word as follows:
44773°-F B 1911—-26
The Government of the United States of America and the Government of Japan have, through their respective plenipotentiaries, agreed upon the following stipulation in regard to Article V of the treaty of commerce and navigation between the United States and Japan signed this day to replace on the 17th of July, 1911, the treaty of the 22d of November, 1894:
Pending the conclusion of a treaty relating to tariff, the provisions relating to tariff in the treaty of the 22d of November, 1894, shall be maintained.
In witness whereof the respective plenipotentiaries have signed this protocol in duplicate and have hereunto affixed their seals.
Done at Washington the 21st day of February, in the nineteen hundred and eleventh year of the Christian era, corresponding to the 21st day of the 2d month of the 44th year of Meiji. [SEAL.]
PHILANDER C. KNO. (SEAL.)
Y. UCHIDA. And whereas the said protocol, as amended by the Senate of the United States, has been duly ratified on both parts and the ratifications of the two Governments were exchanged in the city of Tokyo on the fourth day of April, one thousand nine hundred and eleven:
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said protocol to be made public, to the end that the same and every article and clause thereof, as amended, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington this fifth day of April, in the year of our Lord one thousand nine hundred and eleven, and of the independence of the United States of America the one hundred and thirty-fifth. [SEAL.]
WM. H. TAFT. By the President: P. C. Knox,
Secretary of State.
EXTRATERRITORIAL JURISDICTION IN CHOSEN.-VALIDITY OF CONSULAR RECORDS.-CONTROL OF FUNDS AND PROPERTY OF FOREIGN SETTLEMENTS.- CONSULAR JURISDICTION OVER AMERICANS UNDER ARREST OR CONDEMNED TO IMPRISONMENT; CHANGES IN THE PLACE OF THEIR DETENTION AND IN THE TRIAL COURT.
WASHINGTON, September 18, 1910. While recognizing the value of the reforms in Korea made by Japan, the Department nevertheless desires more specific information regarding them.
First, as to the nature of the judicial system now in operation in Korea, and under what codes of law American defendants will be tried in case consular jurisdiction be discontinued.
Second, as to whether or not the application of Japanese codes is implied in rule 1 of the declaration accompanying the new treaty, and, if so, what material modifications are contemplated by the reservation "so far as conditions permit."
Third, as to the condition of Korean prisons, and what Japan purposes doing with Americans under arrest or condemned to imprisonment in localities not having sanitary prisons.
Fourth, as to what disposition will be made of existing foreign settlements and real property held by foreigners under the law promulgated by the Korean Government October 31, 1906.
Fifth, as to what Japan further purposes doing to secure adequate protection of foreign interests.
The Department assumes that no change is contemplated in the policy of encouraging American mission schools and other commendable activities in Korea, but the missionary societies would doubtless be glad of assurance to that effect.
It is clearly desirable that consular jurisdiction be continued until the old Korean system shall have been completely replaced, under Japanese supervision, by actually operating laws and courts in substantial conformity to those of Japan itself; or that the trial of American citizens under Japanese laws be limited to such tribunals as the supreme court, the court of appeals, and the eight local courts, which the Japanese Government will presumably engage to maintain at a high standard of efficiency.
WILSON. File No. 895.00/513. The American Ambassador to the Secretary of State.
[Extract.] No. 1235.]
Tokyo, October 4, 1910. Sir: With reference to your telegram of September 18, received on the following day, I have the honor to advise that on the 20th ultimo, by my No. 491, I sent a communication to the minister for foreign affairs relating to certain phases of the annexation of Korea. This communication adhered quite closely to your instruction, and perhaps a knowledge of the real wording will be best understood from an exact copy, and this I have the honor to inclose. You will notice that the concluding clause is a suggestion not appearing in your instruction, but which seemed to me to be highly desirable. In case the Japanese Government will accede to this, I should advise the trial of all American citizens at Seoul, no matter where the alleged offense may have been committed. No reply has yet been received, but I was assured by the vice minister on the 24th ultimo that the subject was under consideration. I have, etc.,
T. J. O'BRIEN.
Tokyo, September 20, 1910. EXCELLENCY: I beg to advise you that I have received a communication from my Government touching one phase of the treaty of annexation between the