TREATY OF ARBITRATION for the Settlement of the Boundary Questions between the Republics of Bolivia and Peru.-Signed at La Paz, December 30, 1902. [Ratifications exchanged March 9, 1904.] (Translation.) THE President of the Republic of Peru and the President of the Republic of Bolivia, desirous of settling the question of boundaries pending between the two countries, have for that purpose named as their Plenipotentiaries: His Excellency the President of the Republic of Peru: Doctor Felipe de Osma, His Envoy Extraordinary and Minister Plenipotentiary to the Government of Bolivia; and His Excellency the President of the Republic of Bolivia: Doctor Eliodoro Villazón, His Minister for Foreign Affairs; Who, after having communicated to each other their full powers, found to be in good and due form, have, in conformity with the second Article of the General Treaty of Arbitration of the 21st November of last year,* concluded the following : ART. I. The High Contracting Parties submit to the judgment and decision of the Government of the Argentine Republic, in the character of Arbitrator (and) judge of right (Juez de derecho), the question of boundaries pending between the two Republics, in order to obtain an award that shall be definitive and without appeal, whereby all the territory which in 1810 belonged to the jurisdiction or district of the Audiencia of Charcas, within the boundaries of the Viceroyalty of Buenos Aires, in virtue of the enactments of the former Sovereign, shall fall to the Republic of Bolivia; and all the territory which at that same date in virtue of enactments of like origin belonged to the Viceroyalty of Lima, shall fall to the Republic of Peru. II. As the demarcation and delineation of the frontier which commences between the Peruvian provinces of Tacna and Arica and the Bolivian province of Carangas, to the West, as far as the snows of Palomani, have been settled by the Treaty of 23rd September of the present year, this section is excepted from the present Treaty. III. For the purposes of his award, the Arbitrator shall act in conformity with the laws in the Collection of Statutes of the Indies, Royal Letters Patent and Orders (Recopilación de Indias, Cedulas y Ordenes Reales), Ordinances of the Provincial Governors, diplomatic instruments relating to the demarcation of the frontiers, official maps and descriptions, and generally, with such documents of official character as may have been issued, so as to give the true interpretation to and carry out the royal dispositions in question. * Vol. XCV, page 1018. (M 663) 3 F 2 IV. Wherever the royal enactments or dispositions do not define the right of possession to a territory in a clear manner, the Arbitrator shall decide the question equitably, keeping as far as possible to their meaning and to the spirit which inspired them. V. The rights over a territory exercised by one of the High Contracting Parties shall not be a bar to or prevail against titles or royal dispositions establishing the contrary. VI. As soon as the ratifications of the present Treaty are exchanged, the High Contracting Parties shall, through the medium of their Envoys Extraordinary and Ministers Plenipotentiary, simultaneously request the Government of the Argentine Republic to accept the charge of Arbitrator, to assume jurisdiction for taking cognizance of and substantiating and deciding the controversy, and to establish the procedure to be followed. VII. One year after the notification of the acceptance, the said diplomatic representatives shall present an exposition of their case showing the claims of their respective countries and producing the documents on which they rest or are based. VIII. The said diplomatic agents shall represent their Governments in the case with all necessary powers to receive and answer notifications (traslados), submit proofs, present and amplify statements of claim (alegatos), and furnish data for the elucidation of the rights in discussion and, finally, to carry out the case to its conclusion. IX. As soon as the award is given, it shall become definitively executory by the fact of its having been brought to the cognizance of the said Envoys Extraordinary and Ministers Plenipotentiary of the High Contracting Parties. From that moment, the territorial demarcation shall be held to be definitively and obligatorily established, by right, between the two Republics. X. In all matters not specially settled in this Treaty, the Treaty of the 21st November, 1901, shall hold good. XI. The ratifications of this Treaty shall be exchanged at La Paz or at Lima without delay, as soon as it has been duly approved and ratified by the Governments and Legislatures of both countries. In faith of which, the Undersigned sign and seal the present Treaty executed in duplicate in the city of La Paz on the 30th day of the month of December of the year 1902. (L.S.) FELIPE DE OSMA. TREATY OF COMMERCE between Bolivia and Peru.Signed at Lima, November 27, 1905.* [Ratifications exchanged at Lima, January 30, 1906.] (Translation.) THE Governments of Peru and Bolivia, being desirous of extending their commercial relations and of subjecting them to regulations that are in harmony with the requirements of the two countries, have agreed to conclude a new Treaty of Commerce and Customs, and to this end have named their Plenipotentiaries; His Excellency the President of the Republic of Peru: Señor Dr. Javier Prado y Ugarteche, Minister for Foreign Affairs; His Excellency the President of the Republic of Bolivia: Señor Colonel Benedicto Goytia, Envoy Extraordinary and Minister Plenipotentiary of Bolivia in Peru. Who, after having communicated their full powers, which were found in good and due form, agreed to the following: ART. I. Peru and Bolivia establish their commercial relations on the basis of the most perfect reciprocity. II. Both countries agree to free commercial transit for all the natural products and industries of the two countries, and for the foreign products which are introduced by the routes of Mollendo and Puno to La Paz, and of Mollendo to Pelechuco; viâ Cojata or vice versa. III. Peru and Bolivia remain at liberty to levy import or consumption taxes on the natural, industrial or manufactured products of either of the two countries, which are introduced into their respective territories. IV. Both countries bind themselves to grant reciprocally the same advantages or commercial immunities which they concede to the most favoured nation, in such a manner that if one of the contracting parties stipulates or has stipulated with a third power that its natural, industrial or manufactured products shall be introduced into its territories free of import or consumption duties, or that those to be paid are less than those which have to be paid on merchandise of the other contracting party, the latter will at once have the right to enjoy the same reductions, immunities and concessions; therefore, in no case can either of the contracting nations be charged by the other with higher taxes, duties, charges or tariffs, than those already existing for similar products of the most favoured nation, nor shall they be placed in a less advantageous position than those of any other country. V. No cattle of any kind destined for consumption in Peru or Bolivia which passes through the territory of the other country, shall be taxed with more than the toll for passage which is * Came into force July 1, 1906. established or which may be established in the future for the passage of the national cattle, where the charge is made. VI. With a view to the reciprocal convenience of the tax-payers of the boundary zones of both Republics, the introduction of the following articles shall be free from all fiscal and municipal taxes. in Peru or in Bolivia, and exempt from the necessity of all Consular and Custom documents, when they proceed from either country: fresh fruits, fresh fish, fresh shrimps, fresh meat, cheese, milk, eggs, potatoes, arrowroot, quinua, cañaqua (cane rum), Indian corn, barley in grain. Neither shall either of the two countries levy fiscal or municipal taxes on the following articles within the limits above stated dried sheep's meat, up to 10 kilograms, dried meats and caked meat up to 23 kilograms, butter up to 6 kilograms, sheep's alpaca or llama wools up to 12 kilograms, hides of cattle or sheep up to 23 kilograms, coca up to 12 kilograms, cocoa up to 6 kilograms, coffee up to 12 kilograms, and chocolate up to 5 kilograms. VII. For the purpose of preventing the clandestine and fraudulent introduction of merchandise into the respective territory of either of the High Contracting Parties, the customs regulations shall be drawn up in a special protocol which shall also deal with the importation and exportation of merchandise in transit by the way of Mollendo. VIII. The Treaty of the 7th June, 1881,* is abrogated in all its parts, as also all the complementary protocols that are derived from it. IX. The present Treaty, when the ratifications shall have been exchanged, will come into force on the 1st of July next, until which date the existing Commercial Treaty of 1881 shall remain in force. X. This Treaty will continue in force for five years, which period it is understood shall be extended indefinitely until it shall have been denounced by one of the two contracting parties, in which case one year's notice of the denunciation must be given to the other party. XI. All questions that may arise regarding the interpretation and execution of the present Treaty, and which cannot be arranged directly, shall be submitted to arbitration in accordance with the General Treaty of Arbitration of the 21st November, 1901,† between the two countries. In faith whereof both Plenipotentiaries have signed the present Treaty in duplicate and have sealed them with their seals in Lima, the 27th November, 1905. (L.S.) JAVIER PRADO Y UGARTECHE. (L.S.) BENEDICTO GOYTIA. * Vol. XCIV, page 676. + Vol. XCV, page 1018. CIRCULAR to British Representatives abroad announcing the Accession of Bolivia to the International Telegraph Convention of July 22, 1875.*-London, September 16, 1907. (Circular) SIR, Foreign Office, September 16, 1907. WITH reference to the last paragraph of my Circular (Treaty) despatch of the 13th August, 1906,† respecting the accession of Bolivia to the International Telegraph Convention of the 22nd July, 1875, I request that you will inform the Government to which you are accredited that this accession will date from the 1st June, 1907; that the equivalent of the franc in Bolivia is 50 cents of a Bolivian dollar; and that Bolivia will belong to the 4th Class for the purpose of contributing to the expenses of the International Bureau. I am, &c., E. GREY. EXCHANGE OF NOTES between the Brazilian and Italian Governments, establishing a Provisional Commercial Agreement between the two Countries.-Rio de Janeiro, July 5, 1900.‡ (1)-Le Ministre Royal d'Italie à Rio de Janeiro au Ministre des Affaires Etrangères du Brésil. MONSIEUR LE MINISTRE, Rio de Janeiro, 5 Juillet, 1900. MON Gouvernement me charge de porter à la connaissance du Gouvernement Fédéral qu'il a présenté au Parlement Italien un Projet de Loi réduisant de 150 à 130 francs, par cent kilogrammes, le droit d'entrée sur le café. Vol. LXVI, page 19. † Vol. XCIX, page 929. Third Extension of the Italo-Brazilian Commercial Agreement of (Translation.) [“Gazzetta Ufficiale," December 9, 1908.] By notes exchanged at Petropolis dated September 23 last, between the Royal Minister in Brazil and the Brazilian Ministry for Foreign Affairs, it has been agreed to extend to the 31st December, 1910, the Commercial Agreement made between Italy and Brazil on the 5th July, 1900. In virtue of this extension, natural Brazilian coffee will continue to be subjected, upon importation into the Kingdom, to a duty of 130 lire per quintal, whilst Italian products will continue to enjoy the benefit of the lowest Brazilian Tariff on their entry into Brazil. This extension has been agreed upon while negotiations continue for the conclusion of a final treaty. [The exchange of notes took place on the 21st and 23rd of September, 1908.] |