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The enjoyment and the exercise of the rights secured by the present Convention are subject to the performance of the conditions and formalities prescribed by the laws and regulations of the country where protection is claimed under the present Convention; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work.
The term of copyright protection granted by the present Convention shall be regulated by the law of the country where protection is claimed.
The present Convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible.
The present Convention shall be put in force one month after the exchange of ratifications, and shall remain in force until the termination of a year from the day on which it may have been denounced.
In faith whereof the Plenipotentiaries have signed the present convention in two copies, each in the English and Hungarian languages, and have affixed thereto their seals.
Done at Budapest, the 30th day of January 1912.
RICHARD C KERENS [SEAL)
ESTERHÁZY Pál (SEAL.]
TÖRY GUSZTÁV And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington, on the sixteenth day of September, one thousand nine hundred and twelve;
Now therefore be it known that I, William Howard Taft, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof 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 fifteenth day of October, in
the year of our Lord one thousand nine hundred and SEAL.) twelve, and of the Independence of the United States of America the one hundred and thirty-seventh.
WM H TAFT By the President: ALVEY A. ADEE
Acting Secretary of State.
File No. 355.115 C76/9.
REMOVAL OF DISCRIMINATION AGAINST AMERICAN
The Secretary of State to the American Minister.
DEPARTMENT OF STATE.
Washington, January 24, 1912. Sir: The Department acknowledges receipt of your despatch No. 12 dated January 5, 1912,' on the subject of the discrimination against
merican crude oils appearing in published specifications of the Belgian State Railway Administration. It is noted that the crude and lubricating oils specified for the use of the Belgian State Railways are required to be of Russian origin in the latest issue of the “Cahier des Charges Spécial No. 688” and that bids under this specification were called for on December 20th last. The discrimination therein against the American product consists in the exclusion of all oils other than those of Russian origin. This matter is properly one for your early consideration, since for more than three years it has been the subject of correspondence between the Department and the Legation and between the latter and the Government of Belgium.
When in January 1910 the Department entered into negotiations with the Government of Belgium to determine whether the minimum tariff of the United States should be granted to products imported from Belgium or originating in that country the Belgian Legation at Washington was informed of the willingness of the President to proclaim in behalf of Belgium the extension of the minimum tariff to imports of Belgian origin into the United States, upon the assumption that the Belgian Government would give its prompt and earnest consideration to the several matters of concern which had been brought to the attention of the Department. One of these matters as set forth in the note of January 29, 1910, to the Belgian Minister at Washington, Count Conrad de Buisseret, was the recognition of American petroleum lubricating products on an equality with those of other countries in the specifications of requirements for railroad supplies. The Department was assured, by note dated February 1, 1910, from the Belgian Minister that he had not failed to transmit the contents of the Department's note of January 29 to his Government, recommending at the same time a prompt and earnest consideration to the matters which had been brought to his Government's attention through the American Legation at Brussels and through himself.
Notwithstanding the pledge of the Belgian Minister that the alleged discrimination against American crude and lubricating oils
1 Not printed.
would have consideration in view of the granting of the minimum tariff of the United States, no such consideration appears to have been given in the preparation of the specifications published in the atter part of 1910 relating to the requirements of the Belgian State Railways. Upon notification of this apparent oversight the American Minister at Brussels again brought the subject to the attention of the Belgian Minister for Foreign Afl'airs. This could not be done until too late to obtain the recognition to which, as a matter of good faith, under all the circumstances of the case, the Department felt American oil was entitled.
It is noted that the correspondence enclosed in your dispatch No. 12 of January 5 shows that the Continental Petroleum Company, acting in behalf of the Texas Oil Company, anticipating the annual advertisement of the Belgian State Railways Administration, had especially prepared itself during 1911 to meet all the requirements as to the points relating to the quality of its oils, and had kept the legation informed of the results of analyses and experiments conducted for the purpose of demonstrating that the American product, if fairly considered, would meet all the conditions as well as Russian oil. It also appears that the Continental Petroleum Company received no official advice of the adjudication of crude mineral lubricating oils for the Belgian State Railways then about to be made until December 13, 1911, and that the limit for the receipt of bids was fixed in the advertisement as December 20, 1911. Notwithstanding this short notice the Continental Petroleum Company proceeded to tender its oils under date of December 16, 1911, a copy of which tender was forwarded to the Legation on the same day.
You state that you made an appointment with the Minister for Foreign Affairs, when the subject was discussed at length, but you have omitted giving the date of the interview, which presumably was held previously to December 20, 1911, the date of expiration of the time limit for receiving bids. The Department will be interested to learn the result of the personal visit which the Minister for Foreign Affairs agreed to make to his colleague of the Administration of Railways for the purpose of discussing the matter, as referred to in the final paragraph of your despatch.
The course of the Belgian authorities in their treatment of this case has not demonstrated a willingness to reach a conclusion in accordance with the understanding heretofore referred to. The Department now desires that the subject be pressed, and that a settlement be reached if possible for the admission of the American product to competition on terms of equality. If such recognition in the future is to be denied, the Department desires to be definitely informed. I am [etc.]
P. C. Knox.
File No. 355.115 C76/10.
The Acting Secretary of State to the American Minister.
DEPARTMENT OF STATE, No. 12.1
Washington, February 16, 1912. SIR: Referring to previous correspondence relative to discriinination practiced by the Belgian Government in the matter of the purchase of lubricating oils for the Belgian State Railways, the Department incloses herewith for your careful consideration copy of a letter from the Texas Oil Company complaining of alleged specific discrimination practiced in the adjudication for “ black oil” which took place in December last.
You are instructed to investigate this matter carefully, to ascertain the facts respecting the adjudication in question, and to report the result of your inquiry at the earliest practicable time, in order that any further instructions that the Department may deem it desirable to give you may not be unduly delayed. I am [etc.]
File No. 355.115 C76/11.
The American Minister to the Secretary of State.
AMERICAN LEGATION, No. 29.]
Brussels, March 3, 1912. SIR: I have the honor to refer to the Department's instructions No. 10 of January 24 last and No. 12 of February 16, and to stato that on investigation the “black oil” referred to in the latter dispatch proves to be the same oil as has been the subject of previous correspondence and discussion. With reference to the inquiry contained in the dispatch of the 24th of January, I beg to say that my interview mentioned, with the Minister of Foreign Affairs, took place on January 4, as I did not receive the visit of the oflicials of the Continental Petroleum Company till after the 20th of December.
On the 26th of February, on the return of the Minister of Foreign Affairs from an absence, I sought an interview again to present to his excellency another note, a copy of which is inclosed, and again personally to press the matter of the discrimination against American oils. I referred to my previous visit and to the subject as it was then discussed, and said that I brought on this occasion new matter to his attention, stating that my Government was very anxious to have a definite reply and repeating the contents of the note which I had brought. Monsieur Davignion said that he had interested himself in the matter; that he recognized the subject as one with an international aspect; but that a difficulty lay with the technical experts, who were prejudiced in their opinions. I told him that the Department was anxious for a definite decision as to the attitude of the King's Government, and his excellency replied that he hoped soon to send me an answer.
To-day I have visited the Baron de Broqueville, the Prime Minister, who is also the Minister of Railways, Posts and Telegraphs, and I asked his particular attention to this subject, with which he seemed to be familiar. I went over a few of the main points but particularly assured him, with more pressure than I have felt able to write into my mv notes on the subject, of the serious interest which my Government took in the matter and of my desire for an early and definite reply which I might forward for the information of the Department. Baron de Broqueville said that of course the desire of the King's
1 Not printed.
Government was to buy the best oil in the best markets and added that he also hoped soon to give a definite answer.
Mr. Grant-Smith also, this morning, called on Baron Capelle at the Ministry for Foreign Affairs, whose attention was drawn to the fact that the simple omission of the word “Russian” would not be satisfactory should the other narrow specifications, and particularly that of specific gravity, remain as at present. Baron Capelle expressed his interest in the matter and assured him that the Belgian Government was earnestly seeking a solution of the question which would be mutually satisfactory. I have [etc.]
The American Minister to the Minister for Foreign Affairs.
AMERICAN LEGATION, No. 28.)
Brussels, February 23, 1912. MR. MINISTER: I have the honor to refer to previous correspondence during the past five years on the matter of the discrimination which appears in the specifications issued by the Belgian State Railway Administration, in calling for bids for crude lubricating oils. This discrimination consists in the exclusion from competition of all oils other than those of Russian origin.
When in January of 1910 the Department of State of the United States entered into negotiations with the Government of Belgium, to determine whether the minimum tariff of the United States should be granted to products imported from Belgium, or originating in this country, the Belgian Legation in Washington was informed of the willingness of the President to proclaim, on behalf of Belgium, the extension of the minimum tariff to imports of Belgian origin into the United States, upon the assumption that the Belgian Government would give its prompt and earnest consideration to the several matters of concern which had been brought to the attention of the Department of State. One of these matters, as set forth in a note of January 29, 1910, to the Belgian Minister at Washington, Count Conrad de Buisseret, was the recognition of American petroleum lubricating products on an equality with those of other countries in the specifications of requirements for railroad supplies. The Department of State was assured by a note dated February 1, 1910, from the then Belgian Minister, that he had not failed to transmit the contents of the Department's note of January 29 to his Government, at the same time recommending prompt and earnest consideration of the matters which had been brought to his Gov. ernment's attention, both through the American Legation at Brussels and through himself.
Notwithstanding the assurances of the Belgian Minister that the alleged dis. crimination against crude and lubricating oils would have consideration in view of the granting of the minimum tariff of the United States, no such consideration appears to have been given in the preparation of the specifications published in the latter part of 1910, relating to the requirements of the Belgian State Railways. Upon notification of this oversight the American Legation at Brussels brought the subject again to your excellency's attention, seeking the consideration to which as a matter of good faitli, under all the circumstances of the case, the Department felt American oil was entitled.
The same discriminations continued to appear in the specifications in question during the year 1911. As a special instance it may be added that the Continental Petroleum Company, acting on behalf of the Texas Oil Company, anticipated the annual advertisement of the Belgian State Railway Administration and prepared itself especially to meet the requirements as to points relating to the quality of these oils, and has expressed its belief that, if fairly considered, its oils would meet all the conditions as well as the Russian. It also appears that the Continental Petroleum Company received no official advice of the adjudication of crude lubricating oils from the Belgian State Railway Administration until December 13, 1911, and that the limit for the receipt of bids was fixed in the demands as December 20, 1911. Notwithstanding this short notice