Eusebio A. Morales, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, signed the tenth day of October, 1914. The undersigned, the Acting Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, in view of the close association of the interests of their respective Governments on the Isthmus of Panama, and to the end that these interests may be conserved and that, when a state of war exists, the neutral obligations of both Governments as neutrals may be maintained, after having conferred on the subject and being duly empowered by their respective Governments, have agreed: That hospitality extended in the waters of the Republic of Panama to a belligerent vessel of war or a vessel belligerent or neutral, whether armed or not, which is employed by a belligerent power as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sea, shall serve to deprive such vessel of like hospitality in the Panama Canal Zone for a period of three months, and vice versa. In testimony whereof, the undersigned have signed and sealed the present Protocol in the city of Washington this tenth day of October, 1914. [L. S.] ROBERT LANSING 1915. PROTOCOL PROVIDING FOR THE DETERMINATION OF THE AMOUNT OF DAMAGES CAUSED BY THE RIOT AT PANAMA CITY JULY 4, 1912. Signed at Panama November 27, 1915. (Treaty Series, No. 620.) ARTICLES. I. Cases to be submitted to Mr. van II. Submission of papers. III. Honorarium. IV. Decision final and binding. The Government of the United States of America and the Government of the Republic of Panama, through their respective Plenipotentiaries, His Excellency, William Jennings Price, Envoy Extraordinary and Minister Plenipotentiary to Panama, on the part of the United States, and His Excellency, Ernesto T. Lefevre, Secretary of Foreign Affairs, on the part of the Republic of Panama, being duly authorized thereto, have agreed upon and concluded the following protocol: WHEREAS, the Government of the United States claims indemnities for the death and injury of American citizens in a riot which occurred in Cocoa Grove, Panama City, July 4, 1912; and WHEREAS, the Government of Panama has agreed, in principle, to the payment of such indemnities irrespective of the circumstances affecting the riot; and WHEREAS, the two Governments have been unable to agree upon the amounts of such indemnities, and have concluded to submit to arbitration the determination of the amounts to be paid by the Republic of Panama, it is, therefore, agreed as follows: ARTICLE I. The High contracting parties agree to submit to His Excellency W. L. F. C. van Rappard, Envoy Extraordinary and Minister Plenipotentiary accredited by the Government of the Netherlands to the Governments of the United States and Panama, the determination of the amount of damages to be paid for each one of the American citizens killed and for each one injured as a result of the riot, and agrees that he shall award the amounts so determined against the Government of Panama. ARTICLE II. His Excellency W. L. F. C. van Rappard shall determine the amounts of such damages upon such papers as may be presented to him by the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama at Washington, respectively, within five months from the date of the signing of this agreement, but it is expressly understood and agreed that such papers shall relate only to the amount of damages to be paid. The case shall then be closed unless His Excellency shall call for further documents, evidence, correspondence, or arguments from either Government, in which event, such further documents, evidence, correspondence or arguments shall be furnished within sixty days from the date of the call. If such documents, evidence, correspondence or arguments are not furnished within the time specified a decision in the case shall be given as if they did not exist. The entire case of each Government shall be presented in writing. ARTICLE III. A reasonable honorarium to His Excellency W. L. F. C. van Rappard shall be paid by the Government of Panama. ARTICLE IV. The decision of His Excellency W. L. F. C. van Rappard shall be accepted as final and shall be binding upon the two Governments. IN WITNESS WHEREOF, the undersigned have hereunto signed their names and affixed their seals. Done at Panama the 27th day of November 1915. WM JENNINGS PRICE. [SEAL.] 1919. CONVENTION FACILITATING THE WORK OF TRAVELING SALESMEN. Signed at Washington February 8, 1919; ratification advised by the Senate June 4, 1919; ratified by the President July 9, 1919; ratified by Panama September 24, 1919; ratifications exchanged at Washington December 8, 1919; proclaimed December 10, 1919. (Treaty Series, No. 646; 41 Statutes at Large, 1696.) ARTICLES. I. Right of domiciled commercial travelers to operate under license from other contracting party; enemy nationals may be excepted. II. Certificate from country of domi- III. Sale of samples permitted, V. Bonding of samples of commer- X. Ratification; duration. VI. Customs formalities to be simplified. VII. Vendors directly to consumer IX. Most-favored-nation clause. The United States of America and the Republic of Panama 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, Frank L. Polk, Acting Secretary of State of the United States of America, and The President of the Republic of Panama, Señor José Edgardo Lefèvre, Chargé d'Affaires of the Republic of Panama near the Government of the United States of America. Who, having communicated to each other their full powers, which were found to be in due form, have agreed upon the following articles: 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. 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. 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 have been withdrawn from the country within a period of six (6) months. Duties shall be paid on such portion of the samples as shall not have been so withdrawn. ARTICLE VI. All customs formalities shall be simplified as much as possible with a view to avoid delay in the despatch of samples. ARTICLE VII. Peddlers and other sålesmen who vend directly to the consumer, even though they have not an established place of business in the country in which they operate, shall not be considered as commercial travelers, but shall be subject to the license fees levied on business of the kind which they carry on. ARTICLE VIII. No license shall be required of: (a) Persons traveling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise. (b) Persons operating through local agencies which pay the license fee or other imposts to which their business is subject. (c) Travelers who are exclusively buyers. 29479-S. Doc. 348, 67-4--21 ARTICLE IX. Any concessions affecting any of the provisions of the present Treaty that may hereafter be granted by either High Contracting Party, either by law or by treaty or convention, shall immediately be extended to the other party. ARTICLE X. This Convention shall be ratified; and the ratifications shall be exchanged at Washington or Panama within two years, or sooner if possible. The present Convention shall remain in force until the end of six months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time. And it is hereby agreed between the parties that, on the expiration of six months after such notice shall have been received by either of them from the other Party as above mentioned, this Convention shall altogether cease and terminate. In testimony whereof the respective plenipotentiaries have signed these articles and have thereunder affixed their seals. Done in duplicate, at Washington, this eighth day of February, one thousand nine hundred and nineteen. |