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Bearing in mind that the interoceanic canal which the United States of America is at present building across the Isthmus of Panama is nearing its completion, and the facility with which the Republic of Peru and the Republic of Cuba, thenceforth shall be able to establish directly between themselves an advantageous commercial intercourse which shall invigorate the development of their industries and tighten closer the traditional bonds which unite both countries, the high contracting parties pledge themselves, from this instant employing all means and resources within their reach, to promote, when the Panama Canal shall be finished and opened to the traffic, the direct communication between Cuban and Peruvian ports, and to favor it whenever possible, by granting adequate privileges and advantages to the steamship lines that shall regularly navigate and transport freight, correspondence and passengers, between Peruvian and Cuban territories, or by granting privileges and advantages to the companies of other states which, stopping at the ports of Peru and Cuba, under fixed schedules, shall contribute to the end which is sought by the present clause.
The vessels in charge of the postal service and belonging to either of the two states, or to companies subsidized by either of them, shall enjoy in the ports of the other the same special privileges incident to the public service to which they shall belong, as well as all other privileges, immunities and favors granted to the postal vessels of other nations.
The war vessels of each one of the two nations shall be able to enter, demur and repair damages in those ports of the other, where entry shall be permitted to those of all other states, subject to the same rules and favored with the same honors, advantages, privileges or exemptions which shall have been granted to other states.
The merchant vessels of each one of the contracting parties, in the territory of the other, shall be subject to the sanitation laws and authorities, and shall not, in any case, be allowed to avoid complying with
their precepts and provisions. Cuban war vessels in Peru and Peruvian war vessels in Cuba, shall also be subject to the local sanitation laws, and the authorities shall apply to them the rules which they shall judge indispensable and proper, under the circumstances.
The Peruvian Republic and the Republic of Cuba agree to grant, reciprocally, to their diplomatic agents, the privileges, favors and exemptions which are secured to them by the law of nations; provided that all favors, immunities and privileges that the Peruvian Republic and the Republic of Cuba shall deem advisable to grant to the diplomatic agents of any other Power, shall be, ipso facto, extended and granted to those of the contracting parties.
The contracting parties, animated by the desire of avoiding differences and litigation which might affect their friendly relations, exclude from diplomatic intervention all cases of claims or complaints made by private individuals affecting matters of a civil, criminal or administrative nature; excepting the cases of denial of justice, extraordinary and illegal delay of justice, failure to give effect to a final judgment, or, after the legal resources have been exhausted, express violation of the existing treaties or of the rules of public as well as private international law which are generally admitted by all civilized nations.
In consequence of the principle that the citizens of each one of the high contracting parties shall enjoy within the territory of the other the same rights as the nationals, it is declared that the damages caused by armed factions in case of political uprisings, or by private individuals, or by any sort of unavoidable accident, shall not give rise to claims for special indemnifications. The respective governments, except when there shall be any fault or lack of vigilance on the part of the authorities or their agents, shall not, reciprocally, be held responsible for the extortions or outrages which the citizens of one of the parties shall suffer within the territory of the other in time of civil war. Each government shall be obliged to grant the citizens of the other party, within its territory, the same protection in their persons and property as is granted its own citizens.
ARTICLE XXVIII In order to make the protection which the Peruvian Republic and the Republic of Cuba grant to commerce and navigation more effective, both parties agree to receive and admit Consuls General, Consuls and Vice-Consuls in all the ports opened to foreign commerce. These functionaries shall enjoy, within their respective districts, all the rights, privileges and immunities which are accorded to them by the law of nations. In order that the Consuls General, Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, privileges and immunities which belong to them and may exercise their public functions, it shall be necessary for them to present, with authority, their credentials or commissions in due form, so that they may obtain the corresponding exequatur; and from the time the exequatur is granted, they shall be deemed and held as such Consuls General, Consuls and Vice-Consuls by all the authorities, magistrates and inhabitants of their consular district.
ARTICLE XXIX The archives and official papers of consular functionaries shall be inviolable; on no account shall the authorities of the country to which they are accredited lay any embargo upon, or take cognizance of the same.
ARTICLE XXX The Consuls General, Consuls and Vice-Consuls, citizens of the state that shall appoint them, shall be exempt from any public office or service as well as from direct personal taxes and all extraordinary taxes. But if such agents are citizens of the country to which they are appointed, or if they are merchants or possessed of any immovable property in the same, they shall be with regard to offices, services and taxes, subject to the same obligations as are all other citizens.
It is stipulated that, in the absence of legal heirs or their representatives, the Consuls General, Consuls and Vice-Consuls of each of the parties, shall be, ex officio, executors or administrators of the estates of such citizens of their nation as shall have died intestate within their consular districts and of those intestates who shall die at sea and whose property shall be brought into a port or place included in the aforesaid districts. In either case, this consular representation shall cease as soon as any person entitled to the intestate's estate shall appear.
The consular representation contemplated in this article shall embrace every right and power which might belong to the persons entitled by law to the succession, excepting the receiving of money or effects, in which case special leave or authority shall always be necessary, said moneys or effects being in the meantime deposited with such persons as shall be designated by the court to the satisfaction of the Consul and local authorities. It is understood that all such estates as shall consist of landed interests shall follow, for its descent and distribution, the laws of the nation in respect to foreigners, where the landed interest is situated.
ARTICLE XXXII The Consuls of either of the contracting parties, in the cities, ports and places of a third Power, where there is no Consul of the other party, shall extend to the persons and property of the nationals of the latter the same protection as they shall extend to the persons and property of their compatriots in so far as their powers shall permit it, without demanding on this account any other fees or emoluments than those which are authorized with regard to their nationals.
In order to protect the commerce and navigation of both states in a more effective manner, said states pledge themselves to conclude as soon as it may be possible, a consular convention which shall regulate the powers and exemptions of their Consuls General, Consuls and ViceConsuls. In the meantime, however, each of the contracting parties reserves unto itself the right to except those ports and places of its territory in which it shall judge the admission and residence of Consuls General, Consuls and Vice-Consuls of the other party inadvisable; which exclusion or denial shall in all cases be common and general for all nations.
They also declare that their Consuls General, Consuls and ViceConsuls shall exclusively take cognizance of such questions as may arise between the captains, officers and sailors, relative to contracts and salaries; the local authorities intervening only in cases of disorder amounting to breaches of the tranquility of the port and public peace either on land or upon the territorial waters; or when in such disorders there shall be implicated some native person, or some person outside the crew; or in order to assist and help the Consular Agents who shall require it; provided that the purpose and the measure to be taken shall not exceed the scope or the time allowed by the constitution or the laws in force at the place.
ARTICLE XXXIV The provisions of the present treaty are not applicable to the industry of fisheries, whose exercise remains in the respective territory subject to the laws of each state.
Each of the high contracting parties, in order to avoid friction which might alter their fraternal relations, agrees to abstain from sending to the territory of the other party, immigration agents who shall try to influence laborers to emigrate to the other country. It is equally agreed by each party to subject the immigration agents, officers or other persons belonging to any company or corporation, of the other party to the local penal laws, reserving unto itself the right to expel them from the territory, whenever the authorities shall thus prefer it, without any other requisite, once the guilt has been established, than to previously report the fact, by courtesy, to the legation of the other party.
ARTICLE XXXVI If by misfortune peace between the two states should be interrupted, it is agreed with the object of diminishing the evils of war, that citizens of each of them residing in the cities, ports and territories of the other and who shall be there engaged in commerce or any other profession, shall be allowed to keep their residence and to continue their business, provided they shall not be guilty of any violation of the laws of the country. In case their conduct should make them forfeit such privileges, or whenever the respective government shall judge it necessary to make them leave its territories, they shall be granted a length of time sufficient to arrange their affairs. In no case of war or collision between the two nations, shall the goods, effects and property of any description belonging to their citizens, be subject to seizure or any