ARTICLE IV

With regard to paragraph two, the Norwegian Government would suggest the inclusion of an additional clause, following the last word of paragraph two as it now stands, and of the following wording, which is self-explanatory, viz.:

"In the same way, property left to nationals of one of the High Contracting Parties by nationals of the other High Contracting Party, and being within the territories of such other Party, shall be subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases."

ARTICLE VI

Under the Norwegian laws in question, there is no authority for granting native-born Norwegians permission to leave the country within sixty days after a declaration of war, in order to escape mili tary service. It is therefore suggested that this article should be supplemented by a provision to the effect that the right to leave the said belligerent Party within sixty days after a declaration of war shall not apply to persons who are natives of the Party drafting compulsory military service, unless such right is accorded to native-born persons who are subjects or citizens of the most-favored nation. A similar clause was inserted in the treaty of commerce and navigation signed between Norway and Japan on June 16, 1911 (article I, 4).18

ARTICLE VII

Paragraph 1. This contains a clause to the effect that nothing in the treaty shall be construed to restrict the right of either Party to impose prohibitions or restrictions of a sanitary character, designed to protect human, animal or plant life, or regulations for the enforcement of police or revenue laws.

A Norwegian Act of June 27, 1924, authorizes the King to prohibit i. a. the importation of foreign seeds that are not considered suitable for use in Norway by reason of their place of growth, or that fall short of the desired standard in respect of germinating power, etc. By virtue of this Act, regulations have been issued prohibiting i. a. the importation of certain seeds for use in agriculture, except from certain countries where the climatic conditions approximate those of Norway. The purpose of these regulations is to prevent seeds and plants which are not sufficiently hardy, from being used in Norwegian agriculture.

In view hereof, it is suggested that the words "of a sanitary character" be deleted, while the words "health or" be inserted between

18

British and Foreign State Papers, vol. cv, pp. 702, 703.

"plant" and "life", so that the last period of paragraph one will read as follows:

"Nothing in this treaty shall be construed to restrict the right of either High Contracting Party to impose, on such terms as it may see fit, prohibitions or restrictions designed to protect human, animal, or plant health or life, or regulations for the enforcement of police or revenue laws."

Various stipulations contained in the draft Treaty appear to have too wide a scope in relation to the legislation and practice existing in Norway regarding the importation, sale and transit of alcoholic beverages (see remarks relative to articles XIV and XVI). Thus, all trade in wine and spirits is in Norway placed under a Wine Monopoly controlled by the Government. In view hereof, the Norwegian Government would suggest the inclusion of an additional clause, for instance after the first paragraph of Article VII, of the following tenor:

"Nothing in this Treaty shall be construed to restrict the right of either High Contracting Party to impose prohibitions or restrictions upon the importation and sale of alcoholic beverages or narcotics."

Paragraph 7. It is suggested that the words "and goods" be added to the last line, after "its nationals and vessels"; the word "and" in the last line of the paragraph before "vessel" would then have to be omitted.

Paragraph 8. This paragraph provides that the stipulations of article VIII shall not be extended to the special treatment accorded by the United States to the commerce of Cuba, any of the dependencies of the United States, or the Panama Canal Zone.

In the same way, the Norwegian Government would suggest the addition of a supplementary paragraph, of the following wording:

"No claim may be made by virtue of the stipulations of the present Treaty to any privilege that Norway has accorded, or may accord, to Denmark, Iceland or Sweden, as long as the same privilege has not been extended to any other country.

"Neither of the High Contracting Parties shall by virtue of the provisions of the present Treaty be entitled to claim the benefits which have been granted or may be granted to neighbouring states in order to facilitate short boundary traffic."

ARTICLE IX

The Norwegian Government would prefer another wording of this article, and suggest the following, viz.:

"The vessels and cargoes of one of the High Contracting Parties shall, within the territorial waters and harbors of the other Party in all respects and unconditionally be accorded the same treatment as the vessels and cargoes of that Party, irrespective of the port of

departure of the vessel or the port of destination, and irrespective of the origin or the destination of the cargo. It is especially agreed that no duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar duties or charges of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories or territorial waters of either country which shall not equally, under the same conditions, be imposed on national vessels."

ARTICLE XIV

Clause (c) of this article is not in accordance with the Norwegian Trade Act. Foreign commercial travellers may not in Norway sell samples (other than certain jewellery, watches, etc.), and it is therefore suggested that clause (c) be struck out.

Clause (g) is likewise contrary to the provisions of the Norwegian legislation, as foreign peddlers and other salesmen may not, except in certain limited cases, sell direct to the consumer. The Norwegian Government would prefer that also this clause be struck out. If this should not be found feasible the Norwegian Government would suggest that this clause be worded so as to include only selling by Norwegians in the United States and not vice versa.

With regard to clause (h), the Norwegian Government would prefer paragraph (1) to be given a somewhat wider scope, so that the wording of the same would be as follows, viz.:

"Persons travelling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise, or are instrumental in making such sales."

ARTICLE XV

The provisions contained in this Article are very detailed, and the Norwegian Government would prefer the entire article to be struck out. Paragraph (c) is contrary to the provisions of the Norwegian Trade Act.

ARTICLE XVI

It appears that the provisions of this article may be at variance with the Barcelona Convention of April 20, 1921,19 wherefore the Norwegian Government would suggest that an additional paragraph be included to the effect that "Nothing in this Article shall be construed to be in conflict with the Convention of Barcelona of April 20, 1921."

19 League of Nations Treaty Series, vol. VII, p. 11.

ARTICLE XVIII

This article refers in paragraph 1 to "Consular officers, nationals. of the state by which they are appointed", a term which is no doubt intended to cover that of consules missi. However, it frequently occurs that consuls are nationals of the state by which they are appointed, without being consuls de carrière, and for this reason it would be desirable to amplify the said wording by inserting the words "and not engaged in any profession, business or trade" after "appointed" or to substitute the words "Consular officers de carrière" for the designation contained in the draft.

With regard to paragraph 2, it is suggested that this be amended to read "In criminal cases the attendance at the trial by a consular officer as witness may be demanded by the prosecution or defence, or by the court, except in regard to acts performed by such consular officer in his official capacity. In the same way it is suggested that paragraph 3 be altered to read "Consular officers shall, except in regard to acts performed by them in their official capacity, be subject to the jurisdiction of the courts in the state which receives them in civil cases. . ." The reason for these alterations is obvious, and in accordance with international practice, namely that a consul is not answerable to the courts of the state to which he is appointed in regard to acts performed by him qua consul. This principle also appears to be borne out by the third paragraph of article XXIV of the draft.

ARTICLE XIX

First paragraph, last period, states that "All consular officers and employees, nationals of the state appointing them, shall be exempt from the payment of taxes on the salary, fees or wages received by them in compensation for their consular services." This would mean that an honorary Norwegian consul in the U. S. A. if a Norwegian subject, would be exempted from taxation of the kind referred to, while other honorary Norwegian Consuls in the States not being Norwegian subjects, would not enjoy such exemption. Moreover, certain honorary consuls in Norway from states entitled to most-favored nation treatment in this respect would be able to claim an exemption from taxation apparently not provided for by Norwegian legislation. It is therefore suggested that the wording be made clear by inserting after the words "nationals of the state appointing them", the same words as above referred to in connection with art. XVIII, paragraph one.

With regard to the second paragraph of article XIX, it appears that the provisions here contained respecting exemption of taxation

in regard to government-owned buildings etc., are more extensive than provided for by the Norwegian legislation in question. The exemption granted in Norway in this respect refers to capital and income tax to State and municipality in regard to legation houses owned by a foreign government, or property belonging to foreign diplomatic or consular officials. No exemption is accorded in respect of municipal rates on real estate. In order that the treaty should conform to the Norwegian legislation in this regard, it is suggested that a stipulation be included to the effect that the exemption from taxation does not apply to municipal rates levied on real estate.

ARTICLE XX

2nd paragraph. The Norwegian Government is entirely in accordance with the principle of stipulating in the treaty that the consular offices and archives shall be inviolable. In regard to honorary consulates it would, however, appear to be desirable to include for instance as a new paragraph three, a clause to the effect that such inviolability is subject to the archives and offices of the consulate being kept entirely apart from the archives and offices of the private business pursued by the incumbent, thus corresponding to article VII, paragraph three, of the Consular Convention between the United States of America and Cuba,20 reading as follows:

"When a consular officer is engaged in business of any kind within the country which receives him, the archives of the consulate and the documents relative to the same shall be kept in a place entirely apart from his private or business papers."

ARTICLE XXI

The wording of this article as it stands would constitute a hindrance to such honorary Norwegian consuls in the United States as are not Norwegian subjects, from communicating with any public authorities in the States. It would further seem to give a consul general, if his district comprises the whole country, the right to address himself direct to the government. It is therefore suggested that the words "nationals of the state by which they are appointed" be deleted from the second line, and that "concerned" be inserted after "authorities", so that the commencement of this article would read as follows:

"Consular officers may, within their respective consular districts, address the authorities concerned, national, State, Provincial or Municipal.

"Foreign Relations, 1926, vol. II, pp. 27, 30.