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The Citizens or Subjects of one of the High Contracting Parties, arriving with their Vessels on the Coasts belonging to the other, but not wishing to enter the Port, or after having entered therein, not wishing to unload any part of their cargo, shall be at liberty to depart and continue their voyage without paying any other duties, imposts, or charges whatsoever, for the vessel and cargo, than those of pilotage, wharfage, and for the support of Light-houses, when such duties shall be levied on National Vessels in similar cases. It is understood, however, that they shall always conform to such regulations and ordinances concerning navigation, and the places and ports which they may enter, as are, or shall be, in force with regard to National Vessels, and that the custom house officers shall be permitted to visit them, to remain on board, and to take all such precautions as may be necessary to prevent all unlawful Commerce, as long as the Vessels shall remain within the limits of their Jurisdiction.
It is further agreed that the Vessels of one of the High Contracting Parties, having entered into the ports of the other, will be permitted to confine themselves to unloading such part only of their cargoes as the Captain or owner may wish, and that they may freely depart with the remainder, without paying any duties, imposts, or charges whatsoever, except for that part which shall have been landed, and which shall be marked upon, and erased from, the manifest exhibiting the enumeration of the articles with which the vessel was laden, which manifest shall be presented entire at the Custom House of the place where the vessel shall have entered. Nothing shall be paid on that part of the cargo which the vessel shall carry away, and with which it may continue its voyage, to one or several other ports of the same Country, there to dispose of the remainder of its cargo, if composed of articles whose importation is permitted, on paying the duties chargeable upon it; or it may proceed to any other Country. It is understood, however, that all duties, imposts, or charges whatsoever, which are or may become chargeable upon the vessels themselves, must be paid at the first port where they shall break bulk, or unlade part of their cargoes; but that no duties, imposts, or charges, of the same description shall be demanded anew in the ports of the same Country, which such vessels might, afterwards wish to enter, unless National Vessels be in similar cases, subject to some ulterior duties.
ARTICLES XII, XIII, XIV.
[These articles abrogated by treaty concluded November 19, 1902.]
It is agreed that vessels arriving directly from the United States of America, at a port within the dominions of His Majesty the King of Greece, or from the Kingdom of Greece at a port of the United States of America, and provided with a bill of Health granted by an Officer having competent power to that effect, at the port whence such vessel shall have sailed, setting forth that no malignant or contagious diseases prevailed in that port, shall be subjected to no other Quarantine than such as may be necessary for the visit of the Health Officer of the Port where such vessels shall have arrived, after which said vessels shall be allowed immediately to enter, and unload their cargoes—Provided always that there shall be on board no person who during the voyage, shall have been attacked with any malignant or contagious Diseases; that such vessels shall not, during their passage, have communicated with any vessel liable itself, to undergo a quarantine, and that the country whence they came shall not, at that time, be so far infected or suspected, that before their arrival an ordinance had been issued, in consequence of which all vessels coming from that Country should be considered as suspected, and consequently subject to Quarantine.
Considering the remoteness of the respective Countries of the two High Contracting Parties, and the uncertainty resulting therefrom. with respect to the various events which may take place; It is agreed that a merchant-vessel belonging to either of them, which may be bound to a Port supposed at the time of its departure to be blockaded, shall not, however, be captured or condemned for having attempted a first time to enter said port, unless it can be proved that said vessel could and ought to have learned during its voyage that the blockade of the place in question still continued-But all Vessels which after having been warned off once, shall, during the same voyage attempt a second time to enter the same blockaded port, during the continuance of said Blockade, shall then subject themselves to be detained and condemned.
ARTICLE XVII. The present Treaty shall continue in force for ten years, counting from the day of the exchange of the ratifications; and if before the expiration of the first nine years, neither of the High Contracting Parties shall have announced by an Official Notification to the other its intention to arrest the operation of said Treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar Notification, whatever the time at which it may take place.
The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, and by His Majesty The King of Greece, and the ratifications to be exchanged at London within the space of twelve months from the signature, or sooner if possible.
In faith whereof the respective Plenipotentiaries of the High Contracting Parties have signed the present treaty, both in English and French, and have aflixed thereto their seals.
Done in duplicate at London, the twenty second of December in the year of our Lord one thousand eight hundred and thirty seven. [SEAL.]
A. STEVENSON (SEAL.
Concluded November 19, 1902 (December 2, 1902); ratification advised
by Senate February 16, 1903; ratified by President May 20, 1903; ratifications exchanged July 9, 1903; proclaimed July 11, 1903. (U. S. Stats., vol. 33.)
I. Consular officers.
IX. Application to authorities. II. Most-favored-nation consular priv
X. Notarial powers. ileges, etc.
XI. Estates of deceased persons. III. Exemptions.
XII. Shipping disputes. IV. Testimony by consuls.
XIII. Deserters from ships. V. Arms and flag.
XIV. Damages to vessels at sea. VI. Immunities of offices and archives. XV. Shipwrecks and salvage. VII. Acting officers.
XVI. Examination on vessels. VIII. Vice-consuls and agents.
XVII. Ratification; duration. The President of the United States of America and His Majesty the King of the Hellenes, being mutually desirous of defining the rights, privileges and immunities of consular officers in the two Countries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their Plenipotentiaries:
The President of the United States of America, Charles S. Francis, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Hellenes,
His Majesty the King of the Hellenes, Alexander Th. Zaïmis, Commander of the Royal Order of the Saviour, etc., President of His Council, His Minister for Foreign Affairs,
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:
Each of the high contracting parties agrees to receive from the other, consuls-general, consuls, vice-consuls and consular agents in all its ports, cities and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every
The consuls-general, consuls, vice-consuls and consular agents of the two high contracting parties shall enjoy reciprocally, in the states of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The government of each of the two high contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument, they shall be permitted to enjoy the rights, privileges and immunities granted by this convention.
Consuls-General, consuls, vice-consuls and consular agents, citizens of the State by which they are appointed, shall be exempt from preliminary arrest, except in the case of offences which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state or municipal, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to consuls-general, consuls, vice-consuls or consular agents engaged in any profession, business or trade; but said officers shall in such case be subject to the payment of the same taxes as would be paid by any other foreigner under the like circumstances.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul-general, consul, viceconsul or consular agent, who is a citizen of the State which appointed him and who is engaged in no commercial business, it shall request him, in writing, to appear before it; and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally.
It shall be the duty of such officer to comply with this request with as little delay as possible.
In all criminal cases the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office.
It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided. Nothing in the foregoing part of this article, however, shall be construed to conflict with the provisions of the sixth article of the amendments to the Constitution of the United States, or with like provisions in the constitutions of the several States, whereby the right is secured to persons charged with crimes, to obtain witnesses in their favor, and to be confronted with the witnesses against them.
Consuls-general, consuls, vice-consuls and consular agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Greece.
They may also raise the flag of their country on their offices. They may in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions
The consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a consular officer is engaged in other business the papers relating to the consulate shall be kept separate.
In the event of the death, incapacity or absence of consuls-general, consuls, vice-consuls and consular agents, their chancellors or secretaries, whose official character may have previously been made known to the Department of State at Washington or to the Ministry of Foreign Affairs in Greece, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted to the incumbents.
Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, appoint vice-consuls and consular agents in the cities, ports and places within their consular jurisdiction.
These agents may be selected from among citizens of the United States or of Greece, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in articles 3 and 4.
Consuls-general, consuls, vice-consuls and consular agents shall have the right to address the administrative and judicial authorities, whether in the United States of the Union, the States or the municipalities, or in Greece, of the State, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Greece, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the government of the country where they exercise their functions.
Consuls-general, consuls, vice-consuls and consular agents may take at their offices, at their private residence, at the residence of the parties, or on board ship the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, conformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated, or to business to be transacted, in the territory of the nation to which the said consular officer may belong.
8. Doc. 318, 58-2-26