the claimant, the amount of the indemnity will be paid by the Government of Cuba to the Government of the United States of America, within sixty days from the date of its rendition. However, if for reasons of a fiscal nature it cannot be paid within that period, the amount of the indemnity shall bear interest at the rate of six per cent per annum from the date on which payment should have been made. IX. Each Government shall pay its own expenses, including compensation of its own arbitrator and counsel. The salaries and other expenses which may be incurred through the designation of a third arbitrator shall be borne exclusively by that party whose allegations may have been rejected in the final award. DONE in duplicate in the English and Spanish languages, at Habana, the first day of October, nineteen hundred and twenty nine. 437.11H23/116: Telegram EDWARD L. REED, Chargé d'Affaires ad interim The American Arbitrator (Howe) to the Secretary of State HABANA [, undated.] [Received December 3, 1929-6:10 p. m.] The tribunal provided by agreement between the United States and Cuba signed October 1, 1929, to arbitrate the Harrah case began its sessions December 2. WALTER B. HOWE [With respect to the final disposition of the claim of Charles J. Harrah against the Republic of Cuba, a memorandum dated October 23, 1936 (437.11 H. 23/311), by the office of the Legal Adviser of the Department of State reads in part as follows: "The arbitrators appointed by the two Governments apparently reached a decision on May 27, 1930, that the Government was liable, but the amount of liability was not fixed. Thereupon the Cuban Government offered in settlement $350,000. This amount was accepted by the Government of the United States and a check therefor was handed to the Ambassador at Habana and forwarded to the Department on July 5, 1930. The money so received from Cuba was placed in the Treasury of the United States and is, as circumstances warrant, being paid to the claimant. It is recommended, therefore, that the case be marked closed.". In accordance with this recommendation, the Legal Adviser closed the case.] DENMARK ARRANGEMENT BETWEEN THE UNITED STATES AND DENMARK FOR RECIPROCAL TREATMENT OF PASSENGER MOTOR VEHICLES 811.51259 Motor Vehicles/1 The Danish Minister (Brun) to the Acting Secretary of State No. 125 BAR HARBOR, MAINE, September 4, 1928. SIR: I am directed to inform you, that the Danish Government, on condition of reciprocity, is prepared to grant freedom from taxation for a period of 3 months to foreign automobiles built for the transportation of passengers not to exceed 7 in number including the driver, and belonging in the country in question and registered as the property of persons residing there. In these circumstances I would be greatly obliged to you for being so good as to let me know, what formalities and conditions must be complied with in order that motor vehicles registered in Denmark may be exempted from taxation in the United States, therein inIcluded duties and taxes of all kinds. I have [etc.] 815.1259 Motor Vehicles/2 The Secretary of State to the Danish Minister (Brun) C. BRUN WASHINGTON, October 27, 1928. SIR: I have the honor to acknowledge the receipt of your note of September 4, 1928, in which you were good enough to inform me that your Government, on the basis of reciprocity, is prepared to grant freedom from taxation for a period of three months to foreign automobiles built for transportation of passengers not to exceed seven in number, including the driver, and belonging in the country in question and registered as the property of persons residing there. In reply I have the honor to inform you that the Federal Government imposes no taxes on automobiles in the United States. The taxation of owners of automobiles and the exaction of fees for the registration of automobiles is a matter for determination by the several States. The Department has been informally advised that an investigation of the motor vehicle laws of the forty-eight States of the United States discloses the fact that all of them grant reciprocity to foreign visitors. This reciprocity is granted in respect both to the license plate and the driving license, provided, of course, that the same reciprocity is extended by foreign countries to residents of States that are now granting this courtesy. With regard to the taxation of owners of automobiles which is usually distinct from the payment of a registration fee, it may be stated that it is the Department's understanding that as a general rule such taxes are only imposed upon persons who are found to be legal residents of a certain State. Such taxes, it is believed, would not be exacted from persons who are merely touring through the several States of the Union, the class of persons to whom, presumably, reference is made in your note under acknowledgment. In this connection the following information regarding the freedom from customs duties granted on a reciprocal basis to motorcycles and automobiles brought into the United States by nonresidents for a period of not more than six months, quoted from a letter from the Treasury Department, would appear pertinent to your inquiry: "The regulations governing such importations are contained in Chapter VIII, Customs Regulations of 1923, Articles 406-413. Article 407 provides that entry shall be made on Customs Form 7501, and that bond shall be given on Customs Form 7563 (with surety) in a penal sum equal to double the estimated duties. In lieu of such bond, the importer may deposit a cash amount equal to the estimated duties, which is treated as a cash bond. The entry will be liquidated free of duty, and the bond canceled or the amount deposited returned if the vehicle in question is exported within the six months period prescribed by Section 308 and provided that exportation is made in the manner required by Article 412 of the regulations. When not so exported, the vehicles are treated in the same manner as similar articles imported for sale and consumption, and assessed for duty on their value at the time of importation. The six months period prescribed for exportation cannot be extended." I have the honor to express the hope that in the light of the foregoing information the competent Danish authorities will be prepared to grant reciprocal treatment to American citizens desiring to drive automobiles in Denmark. Accept [etc.] For the Secretary of State: 811.5129 Motor Vehicles/3 No. 14 The Danish Minister (Brun) to the Secretary of State WASHINGTON, February 2, 1929. SIR: Referring again to your reply-letter of October 27, 1928, in regard to taxation in this country of automobiles and exemption from such taxation of the automobiles of foreign visitors, I have the honor to state as follows: In the last paragraph of your aforesaid letter you expressed the hope, that the competent Danish authorities, in the light of the information placed at their disposal, would be prepared to grant reciprocal treatment to American citizens desiring to drive automobiles in Denmark. In this connection I am directed by the Danish Minister of Foreign Affairs to transmit to you the four copies here enclosed of a Regulation issued on this subject on January 18, 1929 by the Danish Ministry of Public Works. It will be seen that this Regulation, in view of the authorization contained in § 7 No. 1 of the Act No. 143 of July 1, 1927 on taxation of automobiles, etc., exempts from the tax prescribed in the said paragraph, for a period not exceeding 3 months, (visiting) automobiles for transportation of persons, built to seat not more than seven persons including the chauffeur, which belong in the United States and are registered in the United States as the property of persons residing in the United States. A copy of § 7 No. 1 of the said Act is herewith enclosed. C. BRUN [Enclosure 1-Translation "] Journal N. 371 c. Circular No. B. Pursuant to the authority given to the Minister of Public Works in section 7, paragraph 1, in act No. 143 of July 1, 1927, relative to tax on motor vehicles, etc., the Ministry, after consultation with the Ministry of Finance, hereby waives the tax, in accordance with the said paragraph, on such passenger automobiles belonging in the United States as are designed to carry not more than 7 persons including the chauffeur, and are registered in the country in question as belonging to persons domiciled in that country. Exemption from taxation is valid only for a period of 3 months, and therefore the liability to taxation mentioned by sections 1-6 of the above-named law arises in case the vehicle remains in this country for more than 3 months. This proclamation shall go into effect February 1, 1929. Which is hereby made public, reference being made to the proclamation of January 28, 1928, on this subject. MINISTRY OF PUBLIC WORKS, January 18, 1929. Proclamation Exemption from taxation in this country of motor cars and trailers to same, which belong in the United States, and which are used in entering this country by persons coming to Denmark from abroad. "File translation revised. J. P. STENSBALLE [Enclosure 2-Translation "] COPY OF ACT No. 143 OF JULY 1, 1927 ON TAXATION OF AUTOMOBILES, ETC. Section 7, No. 1. The following taxes shall be paid on motor cars and trailers to same not belonging in this country, which are used in entering this country by persons coming to Denmark from abroad, except in the exceptional cases mentioned in section 1, paragraph 2. On passenger automobiles, which are designed to carry not more than 7 persons including the chauffeur, and on trailers to passenger automobiles, 5 kroner for up to 2 days' driving, 15 kroner for up to 8 days' driving, and 50 kroner for up to one month's driving. If the car does not remain in this country during the whole period for which the tax is paid, it may be driven in this country later during the remaining time without payment of a new tax. On passenger automobiles which are designed to carry more than 7 persons including the chauffeur, on tractors, commercial automobiles and motor trucks and on trailers to the same, 8 kroner for up to 2 days' driving, 25 kroner for up to 8 days' driving, and 80 kroner for up to 1 month's driving. The tax is paid in advance in accordance with rules which shall be definitely fixed by the Minister of Public Works, after consultation with the Minister of Finance. The Minister of Public Works may, however, after consultation with the Minister of Finance, waive payment of taxes under the present provision for passenger automobiles belonging in countries which grant the corresponding exemption from taxes for passenger automobiles belonging in this country. PROPOSED RECIPROCAL EXTENSION OF FREE IMPORTATION PRIVILEGES TO CONSULAR OFFICERS OF THE UNITED STATES AND DENMARK 659.11241/12 14 The Minister in Denmark (Dodge) to the Secretary of State No. 792 COPENHAGEN, April 2, 1929. [Received April 16.] SIR: My Despatch No. 736 of February 15th last enclosed a copy and translation of a note from Dr. Moltesen, Minister for Foreign Affairs, in reply to the Legation's note of April 25th, 1928, relative 18 File translation revised. "Continued from Foreign Relations, 1928, vol. п, pp. 733–740. None printed. |