ARTICLE II. The commission shall be composed of three members as follows: The Government of the United States and the Government of Peru shall each, within thirty days after this Protocol becomes effective, appoint one Commissioner, and these two shall, within ninety days after this Protocol becomes effective, select a third Commissioner, who shall act as President of the Commission, and shall be a national of either Denmark, Great Britain or the Netherlands. If, at the termination of the ninety days period just mentioned, they are unable to agree upon a third Commissioner, he shall be selected, within a further period of thirty days, by the Queen of the Netherlands, provided she is willing. ARTICLE III. All vacancies occurring from death, resignation or otherwise, in the membership of the Commission, shall be filled as was the original appointment, within thirty days from the occurrence of such vacancy. ARTICLE IV. The Commission shall, with the consent of the respective Government, meet at the residence place of the President of the Commission, within sixty days after the case is ready for consideration, according to the 2nd paragraph of article X of this protocol, and shall hold all of its sessions in the same place. ARTICLE V. The concurrent action of any two members of the Commission shall be adequate for a decision on all matters coming before them, including the making of the final award. ARTICLE VI. The Government of the United States and the Government of Peru shall each be entitled to appoint an Agent for the presentation and argument of its case before the Commission. ARTICLE VII. The Commission shall keep a record of all its proceedings. For this purpose the President of the Commission shall appoint a Secretary who shall be of his own nationality. ARTICLE VIII. In the presentation of its documents, evidence, correspondence or arguments to the Commission, either party may use the English or the Spanish language. ARTICLE IX. Either party may demand from the other the discovery of any fact or of any document deemed to be or to contain material evidence for the party asking it. Any document desired shall be described with sufficient accuracy for identification, and the demanded discovery shall be made by delivering a statement of the fact or by depositing a copy of such document (certified by its lawful custodian, if it be a public document, and verified as such by the possessor, if a private one) to the Foreign Office of the demanding Government which shall be given opportunity to examine the original through its duly accredited diplomatic representatives. If notice of the desired discovery be given too late to be answered ten days before the Commission herein provided for shall sit for hearings, then the answer desired thereto shall be filed with or documents produced be- . fore the Commission as speedily as possible. ARTICLE X. The case of the United States and supporting evidence shall be presented to the Government of Peru through its duly accredited representative at Washington as soon as possible, and, at the latest, within four months, from the date when this agreement becomes effective. The Government of Peru shall submit in like manner, through its representative at Washington, its full answer to such case within five months from the date of the presentation of the case of the United States. The Government of the United States shall present in like manner its reply to the answer of the Peruvian Government, which reply shall contain only matters in reply to the case of the Government of Peru, within three months from the date of the filing of the Peruvian answer, and Peru may, in like manner, within four months, present a reply to the reply of the Government of the United States. The allegations and documents of each party shall be presented at least in quintuplicate. The case shall then be ready for consideration by the Commission, which shall hear arguments by the Agents of the respective Governments, and, in its discretion, may, after convening, call for further documents, evidence or correspondence from either Government; and such further documents, evidence or correspondence, shall if possible be furnished within sixty days from the date of the call. If not so furnished within the time specified, a decision in the case may be given without the use of said documents, evidence or correspondence. ARTICLE XI. The decision of the Commission shall be rendered within four months from the date of its first meeting, unless the Commission, for reasons which shall be communicated to both Governments, shall find it imperatively necessary to extend the time. The decision, when made, shall be forthwith communicated to the Governments at Washington and Lima. It shall be accepted as final and binding upon the two Governments. ARTICLE XII. The amount granted by the award, if there should be any, shall be made payable in gold coin of the United States, at the Department of State, Washington, within one year after the rendition of the decision by the Commission, with interest at six per centum per annum, beginning to run one month after the rendition of the decision. ARTICLE XIII. Each of the parties hereto shall pay its own expenses and one-half of the common expenses of the Arbitration. Each Government shall pay the salary and expenses of the Commissioner appointed by it, but the salary and expenses of the third Commissioner and of the Secretary shall be included in the common expenses of the Arbitration. In faith whereof, they have drawn up the present protocol. in duplicate, in like terms in English and Spanish, signing and sealing it with their private seals, in Lima, this twenty-first day of May one thousand nine hundred and twenty one. WILLIAM E. GONZALES [SEAL.] [SEAL.] 1923. CONVENTION TO FACILITATE THE WORK OF TRAVELING SALESMEN. Signed at Lima January 19, 1923; ratification advised by the Senate February 27, 1923 (legislative day of February 26). (Not in force March 4, 1923.) ARTICLES. I. Right of domiciled commercial II. Certificate required for license. 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 Peru, being desirious 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, Mr. Frederick A. Sterling, chargé d'affaires ad interim in Lima, and the President of Peru, Dr. Alberto Salomón, minister for foreign affairs, 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 convention, 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 have been withdrawn from the country within a period of six months. 1 Under identic conventions with other States, 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. 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 dispatch of samples. ARTICLE VII. Peddlers and other salesmen 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. ARTICLE IX. Any concessions affecting any of the provisions of the present convention 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 ratification shall be exchanged at Washington or Lima 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 determine. In testimony whereof the respective plenipotentiaries have signed these articles and have thereunder affixed their seals. Done in duplicate, in English and Spanish, at Lima, this 19th day of January, 1923. [SEAL.] [SEAL.] FREDERICK A. STERLING. |