Images de page
PDF
ePub

which the deceased was a national of the fact of his death, in order that necessary information may be forwarded to the parties interested.

In case of the death of a national of either of the High Contracting Parties without will or testament, in the territory of the other High Contracting Party, the consular officer of the State of which the deceased was a national and within whose district the deceased made his home at the time of death, shall, so far as the laws of the country permit and pending the appointment of an administrator and until letters of administration have been granted, be deemed qualified to take charge of the property left by the decedent for the preservation and protection of the same. Such consular officer shall have the right to be appointed as administrator within the discretion of a tribunal or other agency controlling the administration of estates provided the laws of the place where the estate is administered so permit.

Whenever a consular officer accepts the office of administrator of the estate of a deceased countryman, he subjects himself as such to the jurisdiction of the tribunal or other agency making the appointment for all necessary purposes to the same extent as a national of the country where he was appointed.

ARTICLE XXIII

A consular officer of either High Contracting Party may in behalf of his non-resident countrymen receipt for their distributive shares derived from estates in process of probate or accruing under the provisions of so-called Workmen's Compensation Laws or other like statutes provided he remit any funds so received through the appropriate agencies of his Government to the proper distributees, and provided further that he furnish to the authority or agency making distribution through him reasonable evidence of such

remission.

ARTICLE XXIV

A consular officer of either High Contracting Party shall have the right to inspect within the ports of the other High Contracting Party within his consular district, the private vessels of any flag destined or about to clear for ports of the country appointing him in order to observe the sanitary conditions and measures taken on board such vessels, and to be enabled thereby to execute intelligently bills of health and other documents required by the laws of his country, and to inform his Government concerning the extent to which its sanitary regulations have been observed at ports of departure by vessels destined to its ports, with a view to facilitating entry of such vessels therein.

ARTICLE XXV

Each of the High Contracting Parties agrees to permit the entry free of all duty and without examination of any kind, of all furniture, equipment

and supplies intended for official use in the consular offices of the other, and to extend to such consular officers of the other and their families and suites as are its nationals, the privilege of entry free of duty of their baggage and all other personal property, whether accompanying the officer to his post or imported at any time during his incumbency thereof; provided, nevertheless, that no article, the importation of which is prohibited by the law of either of the High Contracting Parties, may be brought into its territories. It is understood, however, that this privilege shall not be extended to consular officers who are engaged in any private occupation for gain in the countries to which they are accredited, save with respect to governmental supplies.

ARTICLE XXVI

All proceedings relative to the salvage of vessels of either High Contracting Party wrecked upon the coasts of the other shall be directed by the consular officer of the country to which the vessel belongs and within whose district the wreck may have occurred. Pending the arrival of such officer, who shall be immediately informed of the occurrence, the local authorities shall take all necessary measures for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if these do not belong to the crews that have been wrecked and to carry into effect the arrangements made for the entry or exportation of the merchandise saved. It is understood that such merchandise, although not exempt from the usual warehouse charges for storage and expenses, is not to be subjected to any custom house charges, unless it be intended for consumption in the country. where the wreck may have taken place.

The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation.

ARTICLE XXVII

Subject to any limitation or exception hereinabove set forth, or hereafter to be agreed upon, the territories of the High Contracting Parties to which the provisions of this Treaty extend shall be understood to comprise all areas of land, water, and air over which the Parties respectively claim and exercise dominion as sovereign thereof, except the Panama Canal Zone.

ARTICLE XXVIII

Except as provided in the third paragraph of this Article the present Treaty shall remain in full force for the term of ten years from the date of the exchange of ratifications, on which date it shall begin to take effect in all of its provisions.

If within one year before the expiration of the aforesaid period of ten years neither High Contracting Party notifies to the other an intention of modifying by change or omission, any of the provisions of any of the articles in this Treaty or of termininating it upon the expiration of the aforesaid period, the Treaty shall remain in full force and effect after the aforesaid period and until one year from such a time as either of the High Contracting Parties shall have notified to the other an intention of modifying or terminating the Treaty. The fifth and sixth paragraphs of Article VII and Articles IX and XI shall remain in force for twelve months from the date of exchange of ratifications, and if not then terminated on ninety days previous notice shall remain in force until either of the High Contracting Parties shall enact legislation inconsistent therewith when the same shall automatically lapse at the end of sixty days from such enactment, and on such lapse each High Contracting Party shall enjoy all the rights which it would have possessed had such paragraphs or articles not been embraced in the Treaty.

ARTICLE XXIX

The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at San Salvador as soon as possible.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed the same and have affixed their seals thereto.

DONE in duplicate, in the English and Spanish languages at San Salvador, this twenty-second day of February, nineteen hundred and twenty-six.

[blocks in formation]

The undersigned Plenipotentiaries met this day for the purpose of exchanging the ratifications of the Treaty of Friendship, Commerce and Consular Rights between the United States of America and the Republic of El Salvador, signed at San Salvador on February 22, 1926.

Before proceeding to the exchange, the Chargé d'Affaires ad interim of the United States of America, being duly authorized thereto by his Government, hereby declares that it is the understanding of the Government of the United States of America that the rights of commerce and navigation accorded in respect of vessels by Article VII of the said treaty apply to merchant vessels and to none others, and that the authority granted in the second sentence of Article XX to the consular officers of either country in the other to draw up, attest, certify and authenticate unilateral acts, deeds and testamentary dispositions of their countrymen and also contracts to which a countryman

is a party is solely in order that such instruments may be effective in the territory of the State by which such consular officers have been appointed.

These understandings being in accordance with the modifications in the form of the treaty set forth in Legislative Decree of June 30, 1927, of the National Legislative Assembly of El Salvador, the exchange of ratifications of the said treaty took place in the usual manner.

In witness whereof, the respective Plenipotentiaries have signed the present Protocol of Exchange and have affixed thereto their seals.

Done at San Salvador this fifth day of September, one thousand nine hundred and thirty.

[blocks in formation]

RECIPROCAL TRADE

Agreement signed at San Salvador February 19, 1937 1

Proclaimed by El Salvador April 30, 1937

Proclaimed by the President of the United States May 1, 1937

Entered into force May 31, 1937

Schedule and certain provisions terminated August 8, 1962, by agreement of June 29, 1962 2

50 Stat. 1564; Executive Agreement Series 101

COMMERCIAL AGREEMENT CELEBRATED BETWEEN THE UNITED STATES OF AMERICA AND EL SALVADOR 1937

The President of the United States of America and the President of the Republic of El Salvador, desiring to strengthen the traditional bonds of friendship between the two countries by maintaining the principle of equality of treatment as the basis of commercial relations and by granting mutual and reciprocal advantages for the promotion of trade, have decided to conclude a trade agreement and for that purpose have appointed their Plenipotentiaries as follows:

The President of the United States of America, Dr. Frank P. Corrigan, Envoy Extraordinary and Minister Plenipotentiary to the Republic of El Salvador;

The President of the Republic of El Salvador, Dr. Miguel Angel Araujo, Secretary of State for Foreign Affairs.

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

ARTICLE I 3

Articles the growth, produce or manufacture of the United States of America, enumerated and described in Schedule I1 annexed to this Agreement and made a part thereof, shall, on their importation into the Republic of El Salvador, be exempt from ordinary customs duties in excess of those

3

'For schedules annexed to agreement, see 50 Stat. 1571 or p. 9 of EAS 101. 213 UST 1358; TIAS 5095.

Terminated by agreement of June 29, 1962.

« PrécédentContinuer »