1 VENEZUELA. 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Caracas March 21, 1914; ratification advised by the Senate August 11, 1914; ratified by the President January 4, 1916; ratified by Venezuela July 30, 1915; ratifications exchanged at Caracas February 12, 1921; proclaimed March 21, 1921. (Treaty Series, No. 652; 42 Statutes at Large.) ARTICLES. I. All disputes not settled by diplomacy to be reported upon by commission before resort to hostilities. II. Composition, appointment of commission. of III. Reference to and initiative commission; time and effect of report. IV. Ratification; effect; duration. The President of the United States of Venezuela and the President of the United States of America, being desirous to strengthen the bonds of amity that bind Venezuela and the United States together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries: The President of the United States of Venezuela. Señor Doctor Manuel Diaz Rodriguez, Minister for Foreign Relations; and the President of the United States of America, Mr. Preston McGoodwin, Envoy Extraordinary and Minister Plenipotentiary of said Nation to Venezuela: Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon and concluded the following articles: ARTICLE I. The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to a Permanent International Commission, to be constituted in the manner prescribed in article II; and they agree, if the case arises, not to declare war nor to begin hostilities during such investigation and before the report has been considered. ARTICLE II. The International Commission shall be composed of five members, to be appointed as follows: one member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments, who can also submit his election to the four arbitrators already appointed; it being understood that he shall not be a citizen of either of the two countries. The expenses shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty; and the vacancies shall be filled according to the manner of the original appointment. ARTICLE III. In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission, may, however, before taking diplomatic, steps or in the course thereof, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. The high contracting parties agree to afford to the Permanent International Commission all the means and facilities required for its investigation and report. In each instance, the report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall limit or extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties reserve the right to act independently on the subject-matter of the dispute after the report of the Commission shall have been submitted. ARTICLE IV. The present treaty shall be ratified by the President of the United States of Venezuela, with the approval of the Congress; and by the President of the United States of America, by and with the advice and consent of the Senate thereof; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done at Caracas on the twenty-first day of March in the year nineteen hundred and fourteen. PRESTON McGOODWIN [SEAL.] [SEAL.] PROTOCOL INTERPRETING ARTICLE III OF THE TREATY OF MARCH 21, 1914. Signed at Caracas February 27, 1915. (Treaty Series, No. 652.) The Government of the United States of America and the Government of the United States of Venezuela, desirous of removing any doubt or uncertainty that may exist or that may hereafter arise as to the interpretation to be placed upon the second clause of Article III of the Treaty of March 21, 1914, between the United States and Venezuela, looking to the advancement of the general cause of peace; which clause reads as follows: "The International Commission may, however, before taking diplomatic steps or in the course thereof, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation "; have authorized the undersigned Plenipotentiaries to declare as follows: It is the understanding of the two Governments that the said clause does not confer upon the Commission the right to act upon its own initiative before diplomatic means of adjustment have been exhausted, but that it shall be understood as meaning that, should the Commission spontaneously offer its services, it shall not proceed to undertake its investigation and report in the matter which is the subject of disagreement between the two Governments, until after they shall have exhausted diplomatic means of adjustment. In witness whereof, the undersigned Plenipotentiaries have signed their names and affixed their respective seals to this Protocol, at the city of Caracas, this twenty seventh day of February, in the year 1915. [SEAL.] PRESTON MCGOODWIN [SEAL.] IGN ANDRADE 1919. CONVENTION FACILITATING THE WORK OF TRAVELING SALESMEN. Signed at Caracas July 3, 1919; ratification advised by the Senate January 21, 1920; ratified by the President January 29, 1920; ratified by Venezuela July 3, 1920; ratifications exchanged at Caracas August 18, 1920; proclaimed October 15, 1920. (Treaty Series, No. 648; 41 Statutes at Large, 1719.) ARTICLES. I. Right of domiciled commercial travelers to operate under license from other contracting party; enemy nationals may be excepted. II. Certificate from country of domicile required for license. III. Sale of samples permitted. IV. Entry of samples free of duty. V. Bonding of samples of commercial value. VI. Customs formalities to be sim plified. VII. Vendors directly to consumer IX. Most-favored-nation clause. The United States of America and the United States of Venezuela being desirous to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of traveling salesmen have agreed to conclude a convention for that purpose and have to that end appointed as their plenipotentiaries: The President of the United States of America, Stewart Johnson. Chargé d'Affaires ad interim of the United States; and The President of the United States of Venezuela, Dr. Esteban Gil Borges, Minister of Foreign Relations, who, having communicated to each other their full powers which were found to be in due form, have agreed upon the following articles: ARTICLE I. Manufacturers, merchants, and traders domiciled within the jurisdiction of one of the high contracting parties may operate as commercial travelers either personally or by means of agents or employees within the jurisdiction of the other high contracting party on obtaining from the latter, upon payment of a single fee, a license which shall be valid throughout its entire territorial jurisdiction.1 In case either of the high contracting parties shall be engaged in war it reserves to itself the right to prevent from operating within its jurisdiction as commercial travelers under the provisions of this treaty or otherwise, enemy nationals or other aliens whose presence it may consider prejudicial to public order and national safety. ARTICLE II. In order to secure the license above mentioned the applicant must obtain from the country of domicile of the manufacturers, merchants and traders represented a certificate attesting his character as a commercial traveler. This certificate, which shall be issued by the authority to be designated in each country for the purpose. shall be visaed by the Consul of the country in which the applicant proposes to operate and the authorities of the latter shall, upon the presentation of such certificate, issue to the applicant the national license as provided in Article I. ARTICLE III. A commercial traveler may sell his samples without obtaining a special license as an importer, provided he sells them to merchants duly established dealing in similar articles. ARTICLE IV. Samples without commercial value shall be admitted to entry free of duty. Samples marked, stamped or defaced, in such manner that they cannot be put to other uses, shall be considered as objects without commercial value. Licenses are issuable by the Department of Commerce in accordance with "An act to give effect to certain provisions of conventions with foreign Governments for faculirating the work of traveling salesmen," approved September 22, 1922. ARTICLE V. Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not have been withdrawn from the country within a period of six (6) months. Duties shall be paid on such portion of the samples as shall not have been so withdrawn. ARTICLE VI. All customs formalities shall be simplified as much as possible with a view to avoid delay in the despatch of samples. ARTICLE VII. Peddlers and other salesmen who vend directly to the consumer even though they have not an established place of business in the country in which they operate shall not be considered as commercial travelers but shall be subject to the license fees levied on business of the kind, which they carry on. ARTICLE VIII. The license for commercial travelers established by Article II of this Convention shall not be required of: (a).-Persons traveling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise. (b).-Persons operating through local agencies which pay the license fee or other imposts to which their business is subject. (c).-Travelers who are exclusively buyers. ARTICLE IX. Any concession affecting any of the provisions of the present treaty that may hereafter be granted by either high contracting party, either by law or by treaty or convention, shall immediately be extended to the other party. ARTICLE X. The present convention shall remain in force until the end of six months after either of the high contracting parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time. And it is hereby agreed between the parties that on the expiration of six months after such notice shall have been received by either of them from the other party as above mentioned, this convention shall altogether cease and terminate. This Convention shall be ratified and the ratifications shall be exchanged in Washington or Caracas within the briefest possible period. |