For the better fulfillment of the provisions of the convention concerning commercial travelers, signed to-day, the undersigned, Mr. Frederick A. Sterling, chargé d'affaires ad interim of the United States of America, and Dr. Alberto Salomón, Minister for. Foreign Relations of Peru, representing their respective countries, have agreed as follows:

ARTICLE I.

Regulations governing the renewal and transfer of licenses and the imposition of fines and other penalties for any misuse of licenses may be made by either of the high contracting parties whenever advisable, within the terms of the present convention, and without prejudice to the rights defined therein.

If such regulations should permit the renewal of licenses, the corresponding fee will not be greater than that charged for the original license.

If such regulations should permit the transfer of licenses, upon satisfactory proof that transferee or assignee is in every sense the true successor of the original licensee, and can furnish a certificate of identification similar to that furnished by the said original licensee, he will be allowed to operate as a commercial traveler pending the arrival of the new certificate of identification, but the cancellation of the bond for the samples shall not be effected before the arrival of the said certificate.

ARTICLE II.

It is the citizenship of the firm that the commercial traveler represents, and not his own, that governs the issuance to him of a certificate of identification.

In order to obtain practical results the high contracting parties agree to empower the local customs officials to issue the said licenses upon surrender of the certificate of identification and authenticated list of samples, acting as deputies of the central office constituted for the issuance and regulation of licenses. The said customs officials shall immediately transmit the appropriate documentation to the said central office, to which the licensee shall thereafter give due notice of his intention to ask for the renewal or transfer of his license, if these acts be allowable, or cancellation of his bond upon his departure from the country. Due notice in this connection will be regarded as the time required for the exchange of correspondence in the normal mail schedules, plus five business days for purposes of official verification and registration.

ARTICLE III.

It is understood that the traveler will not engage in the sale of other articles than those embraced by his lines of business; that is to say, he may sell his samples, thus incurring an obligation to pay the customs duties thereupon, but he may not sell other articles brought with him or sent to him, which are not reasonably and clearly representative of the kind of business he purports to represent.

ARTICLE IV.

Advertising matter brought by commercial travelers in appropriate quantities shall be treated as samples without commercial value. Objects having a depreciated commercial value because of adaptation for purposes of advertising, and intended for gratuitous distribution, shall, when introduced in reasonable quantities, also be treated as samples without commercial value. It is understood, however, that this prescription shall be subject to the customs laws of the respective countries.

ARTICLE V.

If the original license were issued for a period longer than six months, or if the license be renewed, the bond for the samples will be correspondingly extended. It is understood, however, that this prescription shall be subject to the customs laws of the respective countries.

ARTICLE VI.

Samples accompanying the commercial traveler will be despatched as a portion of his personal baggage; and those arriving after him will be given precedence over ordinary freight.

In witness whereof, they have signed and sealed this protocol in duplicate, in English and Spanish, at Lima, this 19th day of January, 1923.

FREDERICK A. STERLING.
A. SALOMÓN.

[SEAL.]

[SEAL.]

PORTUGAL.

1910.

COMMERCIAL ARRANGEMENT EFFECTED BY EXCHANGE OF NOTES BETWEEN THE UNITED STATES AND PORTUGAL.

Signed at Washington June 28, 1910.

(Foreign Relations, 1910, pp. 828-831.)

The Portuguese Minister to the Acting Secretary of State.

[Translation.]

THE PORTUGUESE LEGATION,
Washington, June 28, 1910.

The undersigned, envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves, duly authorized to that effect by his Government, has the honor to notify his excellency the Acting Secretary of State of the United States of America, that, in view of the issuance by the President of the United States of America of the proclamations of January 29, 1910, and of February 21, 1910, extending to imports into the United States of America from the Kingdom of Portugal and the Azores and Madeira Islands and from the Portuguese possessions, the benefit of the complete minimum tariff of the United States of America, it having been ascertained that no undue discrimination was being exercised in the Kingdom of Portugal, the Azores, and Madeira Islands or the Portuguese possessions, against the United States of America or the products thereof, and the principle of special concessions by Portugal to Spain and Brazil having thus been recognized, the Portuguese Government has decided to grant the citizens, merchandise, and ships of the United States of America. the same treatment in Portugal and her possessions as that accorded to the citizens, merchandise, and ships of the most favored nation on the condition that the subjects, merchandise, and ships of Portugal and of her possessions will likewise be treated in the United States of America in the same manner as those of the most favored nations.

The undersigned avails himself of this opportunity in order to convey to the honorable the Acting Secretary of State of the United States the renewed assurance of his highest consideration. VISCOUNT D'ALTE.

2805

The Acting Secretary of State to the Portuguese Minister.

DEPARTMENT OF STATE,
Washington, June 28, 1910.

The undersigned, Acting Secretary of State of the United States of America, has the honor to acknowledge the receipt of the note of to-day's date in which his excellency the envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves, has been good enough to inform him that "in view of the issuance by the President of the United States of America of the proclamations of January 29, 1910, and of February 21, 1910, extending to imports into the United States of America from the Kingdom of Portugal, the Azores and Madeira Islands, and from the Portuguese possessions, the benefit of the complete minimum tariff of the United States of America, it having been ascertained that no undue discrimination was being exercised in the Kingdom of Portugal, the Azores and Madeira Islands or the Portuguese possessions, against the United States of America or the products thereof, and the principle of special concessions by Portugal to Spain and Brazil having thus been recognized, the Portuguese Government has decided to grant the citizens, merchandise, and ships of the United States of America the same treatment in Portugal and her possessions as that accorded to the citizens, merchandise, and ships of the most favored nations on the conditions that the subjects, merchandise, and ships of Portugal and of her possessions will likewise be treated in the United States of America in the same manner as those of the most favored nations.”

Taking note of this declaration the undersigned hastens to declare, in the name of the Government of the United States of America, that the subjects, merchandise, and ships of Portugal and of her possessions will be treated in the United States of America in the same manner as those of the most favored nations.

The undersigned begs his excellency the envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves to accept the renewed assurances of his highest consideration.

HUNTINGTON WILSON.

The Acting Secretary of State to the Portuguese Minister.

DEPARTMENT OF STATE, Washington, June 28, 1910. The undersigned, Acting Secretary of State of the United States of America, wishes to place it on record that, his attention having been called, on the occasion of the exchange of notes respecting the reciprocal concession of the most favored nation treatment to the citizens, merchandise, and ships of the two countries, by his excellency the envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves, to the final protocol annexed to the treaty of commerce recently concluded bẹtween Portugal and Germany whereby the names of "Porto" and

"Madeira" are recognized as being strictly designations of origin and whereby it is agreed to prevent the sale in the German Empire under these names of wines not originally from the Portuguese districts of Douro and of the island of Madeira, he hastens, in relation to this subject, to declare that the Government of the United States of America will fully exercise the powers vested in it by law in order to protect in the United States of America the names "Porto" and "Madeira "; and that, with this end in view, it will apply strictly laws and rulings forbidding the labeling or branding of wine so as to deceive or mislead the purchaser concerning the nature or the origin of the product.

It is also understood that, should the Congress of the United States act on the recommendation of the President in regard to ship subsidies, the Government of the United States of America will favor the establishment of a subsidized line of steamships plying directly between the United States and Portugal.

The Acting Secretary of State of the United States of America. begs his excellency, the envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves, to accept the renewed assurances of his highest consideration.

HUNTINGTON WILSON.

The Portuguese Minister to the Acting Secretary of State.

[Translation.]

THE PORTUGUESE LEGATION,
Washington, June 28, 1910.

The undersigned, envoy extraordinary and minister plenipotentiary of His Majesty the King of Portugal and of the Algarves, has the honor to acknowledge the receipt of the note of this date by which his excellency, the Acting Secretary of State of the United States of America, is good enough to inform him that "his attention having been called, on the occasion of the exchange of notes respecting the reciprocal concession of the most favored nation treatment to the citizens, merchandise, and ships of the two countries to the final protocol annexed to the treaty of commerce recently concluded between Portugal and Germany, whereby the names of "Porto" and "Madeira" are recognized as being strictly designations of origin, and whereby it is agreed to prevent the sale in the German Empire under these names of wines not originally from the Portuguese districts of Douro and the island of Madeira, he hastens, in relation to this subject, to declare that the Government of the United States of America will fully exercise the powers vested in it by law in order to protect in the United States of America the names "Porto and "Madeira," and that, with this end in view, it will apply strictly laws and rulings forbidding the labeling or branding of wine so as to deceive or mislead the purchaser concerning the nature or origin of the product; and that it is also understood that, should the Congress of the United States act on the recommendation of the President in regard to ship subsidies, the Government of the United States of America will favor the establishment of a subsidized line of steamships plying directly between the United States and Portugal.”