IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals. DONE at the city of Washington this twenty-third day of January, in the year of our Lord one thousand nine hundred and twenty-four. [SEAL] CHARLES EVANS HUGHES [SEAL] A. C. GEDDES Germany, May 19, 1924 711.629/1 The German Ambassador (Wiedfeldt) to the Secretary of State [Translation 28] WASHINGTON, April 28, 1924. MR. SECRETARY OF STATE: I have the honor most respectfully to return herewith to Your Excellency the draft for a convention between the United States and Germany concerning the regulation of liquor traffic, sent to me on March 24, giving a few amendments proposed by my Government. I wish to remark in this connection that these changes are of form and agree with the text of the American-British treaty. They are underscored in red ink in the enclosure. The German translation is given on the right side opposite the English text. I also enclose the German text with the English translation opposite. 39 Accept [etc.] 711.629/2 O. WIEDFELDT The Secretary of State to the German Ambassador (Wiedfeldt) WASHINGTON, May 1, 1924. EXCELLENCY: I have the honor to refer to suggested changes in the draft of the proposed convention to prevent the smuggling of intoxicating liquors into the United States as set forth in a communication from Doctor von Lewinski 40 to the Solicitor for this Department under date of April 26, 1924.*1 In accordance with 41 'Not printed; the suggested changes, all of which were accepted by the Department, were indicated in the draft submitted with the German Ambassador's note of Apr. 28, supra. your suggestions, the following changes in the draft are acceptable to this Government: PREAMBLE. "... have appointed as their Plenipotentiaries: The President of the United States of America, Mr. Charles Evans Hughes, Secretary of State of the United States of America, The President of the German Empire, Dr. Otto Wiedfeldt, German Ambassador to the United States of America." ARTICLE II. (1) "The President of the German Empire agrees that Germany will raise no objection". ARTICLE VI, PARAGRAPH 2: "The present Convention shall be duly 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 the German Empire in accordance with the requirements of the German Constitution". I have the honor to attach hereto a text of the proposed draft incorporating the changes above noted.42 Accept [etc.] Treaty Series No. 694 CHARLES E. HUGHES Convention between the United States of America and Germany, Signed at Washington, May 19, 1924 43 The President of the United States of America and the President of the German Empire being desirous of avoiding any difficulties which might arise between them in connection with the laws in force in the United States on the subject of alcoholic beverages have decided to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: The President of the United States of America, Mr. Charles Evans Hughes, Secretary of State of the United States of America; and The President of the German Empire, Dr. Otto Wiedfeldt, German Ambassador to the United States of America; Who, having communicated their full powers found in good and due form, have agreed as follows: 43 See signed convention, infra. In English and German; German text not printed. Ratification advised by the Senate, May 26, 1924; ratified by the President, Aug. 9, 1924; ratified by Germany, July 8, 1924; ratifications exchanged at Washington, Aug. 11, 1924; proclaimed by the President, Aug. 11, 1924. ARTICLE I The High Contracting Parties declare that it is their firm intention to uphold the principle that 3 marine miles extending from the coastline outwards and measured from low-water mark constitute the proper limits of territorial waters. ARTICLE II (1) The President of the German Empire agrees that Germany will raise no objection to the boarding of private vessels under the German flag outside the limits of territorial waters by the authorities of the United States, its territories or possessions, in order that enquiries may be addressed to those on board and an examination be made of the ship's papers for the purpose of ascertaining whether the vessel or those on board are endeavoring to import or have imported alcoholic beverages into the United States, its territories or possessions in violation of the laws there in force. When such enquiries and examination show a reasonable ground for suspicion, a search of the vessel may be initiated. (2) If there is reasonable cause for belief that the vessel has committed or is committing or attempting to commit an offense against the laws of the United States, its territories or possessions prohibiting the importation of alcoholic beverages, the vessel may be seized and taken into a port of the United States, its territories or possessions for adjudication in accordance with such laws. (3) The rights conferred by this article shall not be exercised at a greater distance from the coast of the United States its territories or possessions than can be traversed in one hour by the vessel suspected of endeavoring to commit the offense. In cases, however, in which the liquor is intended to be conveyed to the United States its territories or possessions by a vessel other than the one boarded and searched, it shall be the speed of such other vessel and not the speed of the vessel boarded, which shall determine the distance from the coast at which the right under this article can be exercised. ARTICLE III No penalty or forfeiture under the laws of the United States shall be applicable or attach to alcoholic liquors or to vessels or persons by reason of the carriage of such liquors, when such liquors are listed as sea stores or cargo destined for a port foreign to the United States, its territories or possessions on board German vessels voyag ing to or from ports of the United States, or its territories or possessions or passing through the territorial waters thereof, and such carriage shall be as now provided by law with respect to the transit of such liquors through the Panama Canal, provided that such liquors shall be kept under seal continuously while the vessel on which they are carried remains within said territorial waters and that no part of such liquors shall at any time or place be unladen within the United States, its territories or possessions. ARTICLE IV Any claim by a German vessel for compensation on the grounds that it has suffered loss or injury through the improper or unreasonable exercise of the rights conferred by Article II of this Treaty, or on the ground that it has not been given the benefit of Article III shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the High Contracting Parties. Effect shall be given to the recommendations contained in any such joint report. If no joint report can be agreed upon, the claim shall be referred to the Permanent Court of Arbitration at The Hague described in the Convention for the Pacific Settlement of International Disputes, concluded at The Hague, October 18, 1907. The Arbitral Tribunal shall be constituted in accordance with Article 87 (Chapter IV) and with Article 59 (Chapter III) of the said Convention. The proceedings shall be regulated by so much of Chapter IV of the said Convention and of Chapter III thereof (special regard being had for Articles 70 and 74, but excepting Articles 53 and 54) as the Tribunal may consider to be applicable and to be consistent with the provisions of this agreement. All sums of money which may be awarded by the Tribunal on account of any claim shall be paid within eighteen months after the date of the final award without interest and without deduction, save as hereafter specified. Each Government shall bear its own expenses. The expenses of the Tribunal shall be defrayed by a ratable deduction of the amount of the sums awarded by it, at a rate of five per cent. on such sums, or at such lower rate as may be agreed upon between the two Governments; the deficiency, if any, shall be defrayed in equal moieties by the two Governments. ARTICLE V This Treaty shall be subject to ratification and shall remain in force for a period of one year from the date of the exchange of ratifications. Three months before the expiration of the said period of one year, either of the High Contracting Parties may give notice of its desire to propose modifications in the terms of the Treaty. If such modifications have not been agreed upon before the expiration of the term of one year mentioned above, the Treaty shall lapse. If no notice is given on either side of the desire to propose modifications, the Treaty shall remain in force for another year, and so on automatically, but subject always in respect of each such period of a year to the right on either side to propose as provided above three months before its expiration modifications in the Treaty, and to the provision that if such modifications are not agreed upon before the close of the period of one year, the Treaty shall lapse. ARTICLE VI In the event that either of the High Contracting Parties shall be prevented either by judicial decision or legislative action from giving full effect to the provisions of the present Treaty the said Treaty shall automatically lapse, and, on such lapse or whenever this Treaty shall cease to be in force, each High Contracting Party shall enjoy all the rights which it would have possessed had this Treaty not been concluded. The present Convention shall be duly 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 the German Empire in accordance with the requirements of the German Constitution; and the ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals. Done at the city of Washington, this nineteenth day of May in the year of our Lord one thousand nine hundred and twenty-four. CHARLES EVANS HUGHES DR. OTTO WIEDFELDT [SEAL] Sweden, May 22, 1924 711.589/7 The Secretary of State to the Minister in Sweden (Bliss) No. 17 WASHINGTON, January 3, 1924. SIR: The Department has received your despatch No. 72 dated November 21, 1923, enclosing a memorandum dealing with the 44 “Foreign Relations, 1923, vol. I, p. 211. |