TREATY OF AMITY AND COMMERCE BETWEEN THE CZECHOSLOVAK REPUBLIC AND THE REPUBLIC OF CHINA.

The Czechoslovak Republic and the Republic of China, being desirous of establishing amicable relations between the two countries and of facilitating the commercial intercourse between their peoples, have resolved to conclude a Treaty of Amity and Commerce based on the principles of equality and mutual respect of sovereignty, and have, for this purpose, named as their Plenipotentiaries, that is to say

The President of the Czechoslovak Republic:

Mr. Jaroslav Hnízdo, Delegate of the Czechoslovak Republic; The President of the National y Government of the Republic of

China: Dr. Chengting T. Wang,

Minister for Foreign Affairs of the National Government of the Republic of China;

who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles Article I.

There shall be perpetual peace and amity between the Czechoslovak Republic and the Republic of China as well as between their peoples.

The High Contracting Parties shall have the right reciprocally to send duly accredited diplomatic representatives, who shall enjoy, in the country toy the Government of which they are accredited, all the rights, privileges, and immunities generally recognized by international law.

The High Contracting Parties shall have the right reciprocally to send. Consuls-General, Consuls, Vice-Consuls, and Consular Agents to all the localities where Consulates of other countries are established. Such consular officers shall enjoy the treatment accorded to consular officers of the same rank by general international practice.

Prior to their assumption of office, the aforesaid consular officers shall, in accordance with general international practice, obtain from the Government of the country to which they are sent, exequaturs, which are subject to withdrawal by the said Government.

The High Contracting Parties shall not appoint persons engaged in industry or commerce as their consular officers, Honorary Consuls being excepted.

The nationals of each of the High Contracting Parties shall be at liberty to enter or leave the territory of the other, provided that they shall carry with them passports certifying their nationality issued by the competent authorities of their own country and viseed by the competent authorities of the country of destination.

The nationals of each of the High Contracting Parties shall enjoy, in the territory of the other, the full protection of the laws and regulations of the country in regard to their persons and property. They shall have the right, subject to the laws and regulations of the country, to travel, reside, establish firms, acquire or lease property, work, and engage in industry or commerce in all the localities where the nationals of any other country shall be permitted to do so and in the same manner and under the same conditions as the nationals of any other country.

The nationals of each of the High Contracting Parties as well as their property, in the territory of the other, shall be subject to the laws and regulations of the country and to the jurisdiction of its law courts.

In legs, proceeding the nationals of each of the High Contracting Parties in the territory of the other shall have free and easy access to the courts and be at liberty to employ lawyers or representatives in accordance with the laws of the country, and interpreters, if necessary, may be called in by the courts for assistance.

The nationals of each of the High Contracting Parties in the territory of the other shall taxes, imposts, and charges in accordance to the laws and regulations of the country is, however, understood that such taxes, posts, and charges shall not be other or other than those paid by the nationals of the country.

The workmen of each of the High Contracting Parties shall, irrespective of their sex, have all the facilities of entry into the territory of the other, and shall, subject to its law and regulations equally applicable to all foreign workmen, enjoy the same treatment and protection as the workmen of the country.

The nationals of each of the High Contracting Parties shall be exempt, in the territory of the other, from all compulsory military service, whether in the army, navy, air forces, national guards, or militia, as well as from 11 taxes, requisitions, prestations, forced loans, or contributions, of whatever nature, imposed in lieu of personal service.

The Government of neither of the High Contracting Parties shall subject the nationals of the other to any personal or domiciliary search except in accordance with laws and regulations in force.

The nationals of each of the High Contracting Parties shall, subject to the laws and regulations of the country, have the right freely to dispose of their private property in the territory of the other, either by will or otherwise.

In case of the death of a national of either of the High Contracting Parties in the territory of the other, the local administrative authorities shall at once inform the nearest consular representative of the country of the deceased. If the paid consular representative receives the information of the death first, he shall notify the local authorities accordingly.

In case of the death of a national of either of the High Contracting Parties, the laws of his own country shall apply in matters relating to succession. The property, movable of immovable, left behind by a national of one of the High Contracting Par ties in the territory of the other, shall be administer, with the assistance of the local authorities, by the consular representative or by an administrator appointed by him, in accordance with the laws of the country of the deceased. Where it is definitely established that the deceased left neither an heir nor a will according to the laws of his country, the property shall be disposed of in accordance with the laws and regulations of the country in the territory of which it is situated. Any disputes in regard to the estate arising in the country in which it is situated shall be settled by the courts of that country.

The personal effects and objects of value left behind by a national of either of the High Contracting Parties, who dies on the high seas, or when passing through the territory of the other without having there any regular domicile or permanent residence, shall be handed over without any formalities to the nearest consular representative of the country of the deceased for further steps to be taken regarding the same.

The taxes, imposts, and charges in relation to succession levied by either of the High Contracting Parties on the national of the other, shall not be other or higher than those paid by nationals of the country under similar circumstances.

The High Contracting Parties agree that the customs tariff and all matters related thereto shall be regulated exclusively by their respective national laws.

It is further agreed that with respect to customs and all matters. related thereto either of the High Contracting Parties shall enjoy, in the territory of the other, treatment in no way discriminatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be compelled under any pretext whatever to pay -within the territory of the other Party any duties, internal charges or taxes upon their importations and exportations other or higher than those paid by nationals of the country or by nationals of any other country.

The Governments of the High Contracting Parties shall not establish, with respect to the goads which are their respective produce or manufacture imported into or exported from the territory of each other, any prohibitions or restrictions inapplicable to the same goods imported from or exported to any third country.

Provided, however, that with respect to matters related to national defence, national food supply, public safety, culture, archeology, government monopolies, the health of human beings, domestic animals or plants, the protection of national economy, and the maintenance of public morality, the two Governments may, at any time, respectively establish import and export prohibitions and restrictions.

Articles, the produce or manufacture of the territory of one of the High Contracting Parties, passing in transit through the territory of the other, in conformity with the laws of the country, shall he reciprocally free from all transit duties, whether they pass direct, or whether during transit they are unloaded, warehoused, or reloaded.

The inland and coastwise navigation in the territory of either of the High Contracting Parties shall be closed to the nationals of the other and their vessels, without prejudice to the stipulations of international treaties relating to international rivers.

The Chinese Government permits the entry and anchorage of all Czechoslovak merchant vessels in the ports along the Chinese coast opened to international commerce, subject to v the laws of the Chinese Government as well as to port regulations.

Chinese merchant vessels shall enjoy in the Czechoslovak commercial ports the same treatment.

The Government of each of the High Contracting Parties shall accord protection to the t trade-marks, designs, and models, belonging to the nationals of the other, provided that they have been registered with the competent authorities of the country in accordance with its laws and regulations. Any imitation or falsification shall be forbidden and punished according to law.

The High Contracting Parties agree that the stipulations contained in the present Treaty which relate to the rights and obligations of the nationals of each of the High Contracting Parties shall also apply to juristic persons recognized as such by the laws of the other except where the rights and obligations involved are of such a nature that they are applicable to natural persons only.

The present Treaty shall be in force for a period of three years, beginning from the fifteenth day after the exchange of ratifications. Either of the High Contracting Parties may notify the other, six months before the expiration of the period, of its desire to revise or terminate the Treaty. In case both Parties fail to do so in time, the Treaty shall continue to be in force, provided, however, that any time after the expiration of the three-year-period either Party may notify the other of its desire to revise or terminate the Treaty, which shall then become null and void six months after the date of such notification.

The present Treaty is drawn up in Czechoslovak, Chinese, and English. In case of any difference of interpretation, the sense as expressed in the English text shall be held to prevail.

The present Treaty shall be ratified as soon as possible by the High Contracting Parties in accordance with their legal procedure, and the exchange of ratification shall take place at Nanking.

In faith whereof the respective Plenipotentiaries have signed the present Treaty in duplicate, and have affixed thereto their seals. Done at Nanking this twelfth day of February, nineteen hundred and thirty, corresponding to the twelfth day of the second month of the nineteenth year of the Republic of China.

L. S. JAR. HNÍZDO m. p.

L. S. CHENGTING T. WANG m. p.