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from Bolivian raw material, which may be respectively imported into the territories of each of the High Contracting Parties, shall be free from every fiscal or municipal charge which may not prior to this Treaty have been imposed upon similar products of the country into which such products are imported.

A special Protocol shall enumerate the products comprised in this exemption, and shall at the same time determine the procedure which must be followed by the respective custom-houses for their importation. In the meantime, Article VII of the Protocol of the 30th May, 1895, shall continue in force.

VII. Alcohols of Chile are not comprehended in the exemption of the previous paragraph; but in no case can a greater tax be imposed upon them than that imposed upon the alcohols of other countries. If the Government of Bolivia shall accord any exception or privilege in favour of another State, Chile shall be included in this exception or privilege. For the purpose of this provision, alcohol shall be understood to be spirits which exceed 25 degrees.

VIII. Every favour or immunity which one of the High Contracting Parties accords to a third Power in the matter of commerce shall be immediately and unconditionally extended to the other. In addition, neither of the High Contracting Parties shall subject the other to any prohibition or surcharge on goods which may be exported or in transit, which shall not at the same time be applied to all other nations, except the special measures which the two countries may reserve the right to establish for sanitary purposes, or in the eventuality of a war.

IX. The ports of Chile which are in communication with Bolivia shall be free for the transit of merchandize imported and exported, proceeding from or destined to the latter Republic.

X. For the purpose of giving facilities to commerce between the two countries, the High Contracting Parties bind themselves to stimulate the formation of societies or companies for the construction of railway lines to unite their conterminous provinces and to protect or guarantee effectively those which at present exist, in order that they may extend their branches to the most important centres. Especially will they encourage the extension of the railway line which unites Antofagasta with the city of Oruro.

XI. Railway engines, waggons, sleepers, rails, spikes, fish plates, and other accessories which are introduced through Antofagasta or any other Chilean port, and which are destined for the prolongation of the railway from Oruro to La Paz, are exempt from all storage and dock charges and from every other fiscal tax. The amount and period of this privilege shall be determined by agreement between the contracting Governments.

XII. Correspondence exchanged between the Republic of Chile and the Republic of Bolivia shall be duly stamped in the country from which it proceeds, and shall circulate free and exempt from all charge by the post-offices of the countries to which it is directed.

XIII. The official correspondence of the two Governments and their respective Diplomatic and Consular Agents, official publications, reviews, pamphlets, and newspapers shall be free of postage and exempt from every charge in the country to which they are destined.

XIV. When the correspondence and publications before mentioned shall pass through one of the two countries in transit, the latter shall be obliged to forward them to their destination, and if, for that purpose, it should be necessary to stamp them, the stamping shall be for the account of the Government to whom the mail in transit belongs, without any responsibility on the part of the other.

XV. The two Governments oblige themselves to maintain an equal number of mail services, on days and by routes to be agreed upon, for carrying the mails of both countries.

XVI. The High Contracting Parties shall respectively accredit the Consular officials whom they may regard as necessary for the development of trade and for the protection of the rights and interests of their respective citizens. The said officials shall enjoy the privileges, exemptions immunities, and style of address which belong to the Consular Office with which they are invested.

The Consular Offices and archives are inviolable. They cannot be searched by any one. These privileges, however, shall not be extended to the archives of Consuls who at the same time exercise trade, commerce, or other functions foreign to the Consulate, unless they keep such business entirely separate from everything that concerns their Consular functions.

XVII. The High Contracting Parties likewise agree that, independently of the preceding provisions, the Diplomatic and Consular Agents and citizens of each country, and the merchandize of each nation, shall respectively enjoy whatever exemptions, immunities, and privileges that may be conceded to the most favoured nation, freely when freely granted, and yielding the same compensation when the grant is conditional.

XVIII. The present Treaty shall be in full force for ten years, to count from the date of the exchange of the ratifications. When this period has elapsed, either of the High Contracting Parties may notify the other of the abrogation of the Treaty, but the period of one year shall intervene between the announcement of such abrogation and the cessation of the Treaty. If the notice mentioned is not given, the Treaty shall continue in force indefinitely.

XIX. The ratifications of this Treaty shall be exchanged within the period of six months, and the exchange shall take place in the city of Santiago. In witness whereof the Minister of Foreign Relations of Chile and the Envoy Extraordinary and Minister Plenipotentiary of Bolivia have signed and sealed with their respective seals, and in duplicate, the present Treaty of Commerce, in the city of Santiago, on the 18th day of May, 1895.

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39.

JAPON, PÉROU.

Traité de Commerce; signé à Washington, le 20 mars 1895.*)

His Excellency the President of the Republic of Peru and His Majesty the Emperor of Japan, being equally desirous of maintaining the relations of good understanding which happily exist between them, by extending and increasing the intercourse between their respective States, and being convinced that this object cannot better be accomplished than by revising the Treaties hitherto existing between the two countries, have resolved to complete such a revision, based upon principles of equity and mutual benefit, and, for that purpose, have named as their Plenipotentiaries, that is to say:

His Excellency the President of the Republic of Peru, Don José M. Irigoyen, Chargé d'Affaires of the Republic of Peru in Washington; and His Majesty the Emperor of Japan, Jushii Shinichiro Kurino, of the Order of the Sacred Treasure, and His Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of America;

Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles:

Art. I. The citizens or subjects of each of the two High Contracting Parties shall have full liberty to enter, travel, or reside in any part of the other Contracting Party, and shall enjoy full and perfect protection for their persons and property.

They shall have free and easy access to the Courts of Justice in pursuit and defence of their rights; they shall be at liberty equally with native citizens or subjects to choose and employ lawyers, advocates and representatives to pursue and defend their rights before such Courts, and in all other matters connected with the administration of justice they shall enjoy all the rights and privileges enjoyed by native citizens or subjects.

In whatever relates to rights of residence and travel, to the possession of goods and effects of any kind, to the succession to personal estate, by will or otherwise, and the disposal of property of any sort and in any manner whatsoever which they may lawfully acquire, the citizens or subjects of each Contracting Party shall enjoy in the territories of the other the same privileges, liberties, and rights, and shall be subject to no higher

Les ratifications ont été échangées à Washington, le 24 décembre 1896.

imposts or charges in these respects than native citizens or subjects, or citizens or subjects of the most favoured nation.

The citizens or subjects of each of the Contracting Parties shall enjoy in the territories of the other, entire liberty of conscience, and, subject to the laws, ordinances, and regulations, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen, according to their religious customs, in such suitable and convenient places as may be established and maintained for that purpose. They shall not be compelled under any pretext whatsoever, to pay any charges or taxes other or higher than those that are, or may be paid by native citizens or subjects, or citizens or subjects of the most favoured nation.

The citizens or subjects of either of the Contracting Parties residing in the territories of the other shall be exempted from all compulsory military service whatsoever, whether in the army, navy, national guard, or militia: from all contributions imposed in lieu of personal service, and from all forced loans or military exactions or contributions.

II. There shall be reciprocal freedom of commerce and navigation between the territories of the two High Contracting Parties.

The citizens or subjects of each of the High Contracting Parties may trade in any part of the territories of the other by wholesale or retail in all kinds of produce, manufactures, and merchandize of lawful commerce, either in person or by agents, singly or in partnership with foreigners or native citizens or subjects; and they may there own, or hire, and occupy houses, manufactories, warehouses, shops and premises, and lease land for residential and commercial purposes, conforming themselves to the laws, police and customs regulations of the country like native citizens and subjects.

They shall have liberty freely to come with ships and cargoes to all places, ports and rivers in the territories of the other, which are or may be opened to foreign commerce, and shall enjoy respectively the same treatment in matters of commerce and navigation as native citizens or subjects; or citizens or subjects of the most favoured nation, without having to pay taxes, imposts or duties, of whatever nature, or under whatever denomination levied in the name or for the profit of the Government, public functionaries private individuals, corporations, or establishments of any kind, other or greater than those païd by native citizens or subjects or citizens or subjects of the most favoured nation.

It is, however, understood that the stipulations contained in this and the preceding Article do not in any way affect the special laws, ordinances, and regulations with regard to trade, police and public security in force in each of the two countries and applicable to all foreigners in general.

III. The dwellings, manufactories, warehouses, and shops of the citizens or subjects of each of the High Contracting Parties in the territories of the other, and all premises appertaining thereto destined for purposes of residence or commerce, shall be respected,

It shall not be allowable to proceed to make a search of, or a domiciliary visit to such dwellings and premises, or to examine or inspect books, papers or accounts, except under the conditions and with the forms prescribed by the laws, ordinances, and regulations for citizens or subjects of the country.

IV. No other or higher duties shall be imposed on the importation into Peru of any article, the produce or manufacture of the territories of His Majesty the Emperor of Japan, from whatever place arriving; and no other or higher duties shall be imposed on the importation into the territories of His Majesty the Emperor of Japan of any article, the produce or manufacture of Peru from whatever place arriving, than on the like article produced or manufactured in any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article, the produce or manufacture of the territories of either of the High Contracting Parties, into the territories of the other, from whatever place. arriving, which shall not equally extend to the importation of the like article, being the produce or manufacture of any other country.

This last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons, or of cattle or of plants useful to agriculture.

V. No other or higher duties or charges shall be imposed in the territories of either of the High Contracting Parties on the exportation of any article to the territories of the other than such as are or may be payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed on the exportation of any article. from the territories of either of the two High Contracting Parties to the territories of the other which shall not equally extend to the exportation of the like article to any other country.

VI. The citizens or subjects of each of the High Contracting Parties shall enjoy in the territories of the other exemption from all transit duties, and a perfect equality of treatment with native citizens or subjects in all that relates to warehousing, bounties, facilities and drawbacks.

VII. All articles which are or may be legally imported into the ports of the territories of Peru in Peruvian vessels may likewise be imported into those ports in Japanese vessels without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Peruvian vessels; and, reciprocally, all articles which are or may be legally imported into the ports of His Majesty the Emperor of Japan in Japanese vessels may likewise be imported into those ports in Peruvian vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place.

In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid and

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