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ANNEX TO THE GENERAL ACT. License to ply the coasting trade on the East Coast of Africa in conformity with
DRAFT OF PROTOCOL. The undersigned, met at the Ministry of Foreign Affairs at Brussels, in pursuance of Article XCIX of the General Act of July 2, 1890, and in execution of the Protocol of July 2, 1891, with a view to preparing a certificate of the deposit of the ratifications of such of the signatory powers as were unable to make such deposit at the meeting of July 2, 1891.
His Excellency the Minister of France declared that the President of the Republic, in his ratification of the Brussels General Act had provisionally reserved, until a subsequent understanding should be reached, Articles XXI, XXII, XXIII, and XLII to LXI. The representatives -, acknowledged to the Minister of France the deposit of the ratifications of the President of the French Republic, as well as of the exception bearing upon Articles XXI, XXII, XXIII, and XLII to LXI.
It is understood that the powers which have ratified the General Act in its entirety, acknowledge that they are reciprocally bound as regards all its clauses.
It is likewise understood that these powers shall not be bound toward those which shall have ratified it partially, save within the limits of the engagements assumed by the latter powers.
Finally, it is understood that, as regards the powers that have partially ratified, the matters forming the subject of Articles XLII to LXI, shall continue, until a subsequent agreement is adopted, to be governed by the stipulations and arrangements now in force.
In testimony whereof *
SENATE RESOLUTION OF RATIFICATION.
January 11, 1892. Resolved, (two thirds of the Senators present concurring therein,) That the Senate advise and consent to the ratification of the General Act signed at Brussels, July 2, 1890, by the plenipotentiaries of the United States and other powers, for the suppression of the African Slave-trade, and for other purposes.
Resolved further, That the Senate advise and consent to the acceptance of the partial ratification of the said General Act on the part of the French Republic, and to the stipulations relative thereto, as set forth in the protocol signed at Brussels, January 2, 1892.
Resolved further, as a part of this act of ratification, That the United States of America, having neither possessions nor protectorates in Africa, hereby disclaims any intention, in ratifying this treaty, to indicate any interest whatsoever in the possessions or protectorates established or claimed on that Continent by the other powers, or any approval of the wisdom, expediency or lawfulness thereof, and does not join in any expressions in the said General Act which might be construed as such a declaration or acknowledgment; and, for this reason, that it is desirable that a copy of this resolution be inserted in the protocol to be drawn up at the time of the exchange of the ratifications of this treaty on the part of the United States. Attest:
ANSON G McCOOK
Secretary. By CHAS W JOHNSON,
DEPOSIT OF THE RATIFICATION BY THE UNITED STATES.
February 2nd, 1892, conformably to article XCIX of the General Act of July 2nd, 1890, and to the unanimous decision of the signatory Powers which prorogued to February 20, 1892, for the United States the term provided for in the same article XCIX, the undersigned, Envoy Extraordinary and Minister plenipotentiary of the United States of America has deposited in the hands of the Minister of Foreign Affairs of Belgium the ratifications of the President of the United States of the said General Act.
At the request of His Excellency, the following resolution by which the Senate of the United States consented to the ratification of the President has been inserted in the present protocol:
Resolved, (two-thirds of the Senators present concurring therein,)
That the Senate advise and consent to the ratification of the General Act signed at Brussels July 20, 1890, by the plenipotentiaries of the United States and other Powers, for the suppression of the African Slave Trade, and for other purposes.
Resolved further, That the Senate advise and consent to the acceptance of the partial ratification of the said General Act on the part of the French Republic and to the stipulations relative thereto, as set forth in the protocol signed at Brussels January 20.0, 1892.
Resolved further, as a part of this act of ratification, That the United States of America, having neither possessions nor protectorates in Africa, hereby disclaims any intention, in ratifying this treaty, to indicate any interest whatsoever in the possessions or protectorates established or claimed on that continent by the other Powers, or any approval of the wisdom, expediency or lawfulness thereof, and does not join in any expressions in the said General Act which might be construed as such a declaration or acknowledgment; and, for this reason, that it is desirable that a copy of this Resolution be inserted in the protocol to be drawn up at the time of the exchange of the Ratifications of this treaty
on the part of the United States. This resolution of the Senate of the United States having been preparatively and textually conveyed by the Government of His Majesty the King of the Belgians to the knowledge of all the signatory Powers of the General Act, the latter have given their assent to its insertion in the present Protocol which will remain annexed to the Protocol of January 21, 1892.
Acknowledgment of this is given to the Minister of the l'nited States.
The ratification of the President of the United States having been found in good and due form, acknowledgment of their deposit is equally given to His Excellency Mr. Edwin H. Terrell; they will be preserved in the archives of the Ministry of Foreign Affairs of Belgium.
At the moment of proceeding to the signature of the present Protocol, the Minister of Foreign Affairs of his Majesty the King of the Belgians made it known that the Representative of Russia, in the note expressing the assent of his Government, expressed the opinion that it would have been desirable that a translation into the French language accompany in the Protocol the English text of the resolutions of the Senate of the United States of America and that at all events the absence of this translation is not to form a precedent.
A certified copy of the present Protocol will be addressed by the Belgian Government to the Signatory Powers of the General Act.
Done at Brussels, February 2nd., 1892.
(S) The PRINCE DE CHIMAY The Envoy Extraordinary and Minister plenipotentiary of the United States of America
(S) EDWIN H. TERRELL. Copy certified conformable to the original [SEAL] The Minister of Foreign Affairs
The PRINCE DE CHIMAY
CONVENTION CONCERNING THE FORMATION OF AN INTERNATIONAL
UNION FOR THE PUBLICATION OF CUSTOMS TARIFFS. Signed at Brussels July 5, 1890; ratification advised by the Senate
December 13, 1890; ratified by the President December 17, 1890; proclaimed December 17, 1890. (U. S. Stats., Vol. 26, p. 1518.)
I. International Union formed.
V. Personnel of Bureau.
IX. Quotas of contracting States.
X. Reduction to certain countries.
[Translation made in Washington.] Convention concerning the formation of an International Union for
the publication of Customs Tariffs, to which the following States are Parties :
The Argentine Republic, Austria-Hungary, Belgium, Bolivia, Chili, the Independent State of the Congo, the Republic of Costa Rica, Denmark and her colonies, France and her colonies, Great Britain and sundry British colonies, British India, the Dominion of Canada, the colonies of West Australia, the Cape of Good Hope, Natal, New South Wales, New Zealand, Queensland, Tasmania, Newfoundland and Victoria, Greece, Guatemala, the Republic of Hayti, Italy and her colonies, Mexico, the Netherlands and their colonies, Nicaragua, Paraguay, Peru, Portugal and her colonies, Roumania, Russia, Salvador, the Kingdom of Siam, Spain and her colonies, Switzerland, Turkey, the United States of America, Uruguay and Venezuela.
The undersigned, being duly authorized, have concluded the following convention, subject to the approval of their Governments:
ARTICLE 1. An association under the title of “International Union for the publication of Customs Tariffs” shall be formed by the countries above enumerated, and by all such as may hereafter adhere to the present convention.
ART. 2. The object of the Union is to publish, at the common expense, and to make known, as speedily and accurately as possible. the customs tariffs of the various States of the globe and the modifications that may, in future, be made in those tariffs.
ART. 3. To this end, an International Bureau shall be organized at Brussels, whose duty it shall be to cause these tariffs, together with such legislative or executive provisions as may introduce modifications therein, to be translated and published.
ART. 4. This publication shall be made in a collection entitled: “International Customs Bulletin (organ of the International l'nion for the publication of Customs Tariffs).”
The Commercial languages most in use shall be adopted for this purpose.
ART. 5. The persons composing the International Bureau shall be appointed through the agency of the Ministry of Foreign Affairs of Belgium, which shall advance the necessary funds and see that the institution is properly managed.
ART. 6. In communications addressed by the International Bureau to the adhering Governments, the French language shall be used.
ART. 7. A report concerning the labors and the financial condi. tion of the International Bureau shall be annually addressed to the adhering Governments.
ART. 8. The annual budget of the expenditures of the International Bureau shall be fixed at the maximum of 125,000 francs.
The sum of 50,000 francs shall be placed, the first year, at the disposal of the Minister of Foreign Affairs of Belgium, to enable him to meet the expenses of the organization of the Bureau.
Such States and colonies as may hereafter avail themselves of the privilege of adhering, for which provision is made in article 14, shall pay their quotas of the said sum of 50,000 francs, on the basis of apportionment fixed in article 9.
States and colonies withdrawing from the Union at the expiration of the first term of seven years shall forfeit their rights as joint owners of the common fund.
In case of a liquidation, the common fund shall be divided among the States and colonies forming the Union on the basis of apportionment fixed by article 9.
ART. 9. With a view to the equitable adjustment of the quotas of the contracting States, those States shall be divided, according to the amount of their commerce, into six classes, the quota payable by each of which shall be in the proportion of a certain number of units, to wit:
1st class. Countries whose commerce regularly amounts to upwards of four thousand millions of francs: 55 units.
2nd class. Countries whose commerce regularly amounts to from two to four thousand millions of francs: 10 units.
3d class. Countries whose commerce regularly amounts to from five hundred millions to two thousand millions of francs: 25 units.
4th class. Countries whose commerce regularly amounts to from one hundred to five hundred millions of francs: 20 units.
5th class. Countries whose commerce regularly amounts to from fifty to one hundred millions of francs: 15 units.
6th class. Countries whose commerce regularly amounts to less than 50 millions of francs: 5 units.
ART. 10. In the case of countries whose language is not used by the International Bureau, the above figures shall be reduced two-fifths, respectively. The following reductions shall therefore be made:
The quota of the first class shall be reduced to 33 units.
ART. 11. The sum total of the annual expenditure, divided by the sum of the units assigned to the various contracting States, in pursuance of the foregoing provisions, shall give the unit of expenditure. This unit, multiplied by the number of units assigned to each of these States, shall show the amount of the quota payable by it for the support of the International Bureau.
ART. 12. In order to enable the Institution to edit the International Customs Bulletin as accurately as possible, the contracting parties shall send it, directly and without delay, two copies:
(a) of their customs law and their customs tariff, carefully brought up to date.
(b) of all provisions that shall ultimately modify said law and tariff.
(c) of the circulars and instructions that shall be addressed by the said Governments to their custom-houses concerning the application of the tariff or the classification of goods, and that can be made public.
(d) of their treaties of commerce, international conventions and domestic laws having a direct bearing upon the existing tariffs.
ART. 13. A set of regulations providing for the execution of this convention, having the same force as the convention itself, shall determine the manner of publication of the Bulletin of the Union in everything relating to the budget of the International Bureau and to the internal organization of the service.
ART. 14. The States and colonies that have not yet taken part in this convention shall have the privilege of acceding thereto hereafter.
Notice of accession shall be given, in writing, to the Belgian Government, which shall, in turn, communicate such notice to all the other contracting Governments. Accession shall imply adhesion to all the clauses contained in, and the enjoyment of all advantages provided for, by this convention.
ART. 15. This convention shall go into operation on the first day of April, 1891, and shall remain in force for seven years.
If, twelve months before the expiration of the first seven years, no notice of a desire for the cessation of the effects of this convention shall have been given, the Union shall continue to exist for seven years longer, and so on, in periods of seven years each.
Notice of a desire for the cessation of the effects of this convention shall be addressed to the Belgian Government. Such notice shall have no effect save as regards the country giving it, and the convention shall remain in force so far as the other countries of the Union are concerned.
The Governments shall at all times be at liberty to make in this convention, by mutual agreement, such improvements as may be deemed expedient or necessary.
In testimony whereof, the undersigned have signed tnis Convention, and have thereunto affixed their seals.