URUGUAY. 1909. ARBITRATION CONVENTION. Signed at Washington January 9, 1909; ratification advised by the Senate January 13, 1909; ratified by the President March 1, 1909; ratified by Uruguay June 27, 1913; ratifications exchanged at Washington November 14, 1913; proclaimed November 15, 1913. (Treaty Series, No. 583; 38 Statutes at Large, 1741.) ARTICLES. I. Differences to be submitted to III. Concluded for five years. II. Special agreement for each case. The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of International Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Uruguay, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907; Taking into consideration that by Article XIX of the convention. of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves. the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit. to such treatment; Have authorized the Undersigned to conclude the following Convention: ARTICLE I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the convention of the 29th July, 1899, for the pacific settlement of international disputes, and maintained by The Hague Convention of the 18th October, 1907; 2 provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. ARTICLE II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a 1 For text see Vol. II, p. 2016. * For text see Vol. II, p. 2220. special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Uruguay shall be subject to the procedure required by the Constitution and laws thereof. ARTICLE III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either Party. ARTICLE IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Uruguay in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate in the English and Spanish languages at Washington, this 9th day of January, one thousand nine hundred and nine. ELIHU ROOT [SEAL] LUIS MELIAN LAFINUR [SEAL] 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington July 20, 1914; ratification advised by the Senate August 13, 1914; ratified by the President February 19, 1915; ratified by Uruguay November 25, 1914; ratifications exchanged at Washington February 24, 1915; proclaimed February 26, 1915. (Treaty Series, No. 611; 38 Statutes at Large, 1908.) ARTICLES. I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before hostilities. II. Composition, appointment of commission. III. Reference to and initiative of commission; aid; time and effect of report. IV. Ratification; effect; duration. The United States of America and the Oriental Republic of Uruguay, being desirous to strengthen the bonds of amity that bind them 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, the Honorable William Jennings Bryan, Secretary of State; and The President of Uruguay, his Envoy Extraordinary and Minister Plenipotentiary to the United States, Señor Dr. Don Carlos Maria de Pena; 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, to the settlement of which previous arbitration treaties or agreement do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to a permanent International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted. 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, it being understood that he shall not be a citizen of either country. Each of the High Contracting Parties shall have the right to remove, at any time before investigation begins, any Commissioner selected by it and to name his successor, and under the same conditions shall also have the right to withdraw its approval of the fifth Commissioner selected jointly; in which case a new Commissioner shall be selected jointly as in the original selection. The Commissioners shall, when actually employed in the investigation of a dispute, receive such compensation as shall be agreed upon by the High Contracting Parties. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed as soon as possible after the exchange of the ratifications of this treaty; and 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, by unanimous agreement spontaneously offer its services to that effect, and in such case it shall notify both Governments and request their cooperation in the investigation. The High Contracting Parties agree to furnish the permanent International Commission with all the means and facilities required for its investigation and report. 29479 S. Doc. 348, 67-4- -26 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 America, by and with the advice and consent of the Senate thereof; and by the President of Uruguay, in accordance with the Constitution and laws 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 in Washington on the 20th day of July, in the year nineteen hundred and fourteen. WILLIAM JENNINGS BRYAN [SEAL.] [SEAL.] 1918. CONVENTION FACILITATING THE WORK OF TRAVELING SALESMEN. Signed at Washington, August 27, 1918; ratification advised by the Senate, October 10, 1918; ratified by the President, October 23, 1918; ratified by Uruguay, January 27, 1919; ratifications exchanged at Montevideo, August 2, 1919; proclaimed, August 11, 1919. (Treaty Series, No. 640; 41 Statutes at Large, 1663.) I. Right of commercial travelers to operate under license from other contracting party; enemy nationals may be excepted. II. Certificates from country of dom- III. Sale of samples permitted. V. Bonding of samples of commer- VI. Customs formalities to be sim plified. VII. Vendors directly to consumer IX. Most-favored-nation clause. The United States of America and the Oriental Republic of Uruguay, 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, Robert Lansing, Secretary of State of the United States; and The President of Uruguay, His Minister, Doctor Don Baltasar Brum, Secretary of State in the Department 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 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 viséed 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. ARTICLE IV. Samples without commercial value shall be admitted to entry free of duty. Samples marked, stamped or defaced, in such manner that they can not be put to other uses, shall be considered as objects without commercial value. ARTICLE V. Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not 1 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 facilitating the work of traveling salesmen," approved September 22, 1922. |