Commercial Convention.
The President of the German Reich; the Federal President of the Austrian Republic; His Majesty the King of the Belgians; His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India; His Majesty the King of Denmark; the Government of the Estonian Republic; the President of the Republic of Finland; the President of the French Republic; the President of the Hellenic Republic; His Majesty the King of Italy; the President of the Latvian Republic; Her Royal Highness the Grand Duchess of Luxembourg; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Polish Republic; His Majesty the King of Roumania; His Majesty the King of Sweden; the Swiss Federal Council,
Being desirous of providing for a rapid and effective application of the resolutions of the World Economic Conference of 1927 and of creating a stable basis and an atmosphere of confidence for the concerted action contemplated by the Assembly of the League of Nations at its Tenth Session, have decided to conclude among themselves an agreement for this purpose and have appointed as their Plenipotentiaries:
The President of the German Reich:
M. R. Schmidt,
Minister for Economic Affairs of the Reich.
The Federal President of the Austrian Republic:
M. E. Pflügl,
Envoy Extraordinary and Minister Plenipotentiary,
Permanent Delegate accredited to the League of Nations.
His Majesty the King of the Belgians:
M. J. Brunet,
Envoy Extraordinary and Minister Plenipotentiary,
Member of the Economic Committee of the League of Nations;
M. A. L. J. Janssen,
Director-General of Customs and Excise.
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:
For Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations:
Sir Sydney Chapman, K. C. B., C. B. E.,
Chief Economic Adviser to His Majesty's Government in Great Britain.
His Majesty the King of Denmark:
M. W. Borberg,
Permanent Delegate accredited to the League of Nations.
The Government of the Estonian Republic:
M. A. Schmidt,
Deputy-Minister for Foreign Affairs.
The President of the Republic of Finland:
M. K. Järvinen,
Former Minister of Commerce and Industry,
Deputy,
Professor at the School of Higher Commercial Studies.
The President of the French Republic:
M. P. E. Flandin,
Minister of Commerce and Industry;
M. R. Serot,
Under - Secretary of State for Agriculture.
The President of the Hellenic Republic:
M. R. Raphaël,
Permanent Delegate accredited to the League of Nations,
Charge d'Affaires at Berne.
His Majesty the King of Italy:
M. G. de Michelis,
Senator,
Ambassador.
The President of the Latvian Republic:
M. C. Duzmans,
Permanent Delegate accredited to the League of Nations,
Envoy Extraordinary
and Minister Plenipotentiary accredited to His Majesty the King of Yugoslavia.
Her Royal Highness the Grand Duchess of Luxembourg:
M. A. Calmes,
Member of the "Consul Superior" of the Economic Union of Belgium and Luxembourg.
His Majesty the King of Norway:
M. Hersleb Birkeland,
Permanent Delegate accredited to the League of Nations.
Her Majesty the Queen of the Netherlands:
Dr. L. J. A. Trip,
Former Treasurer-General of the Department of Finance,
former President of the Bank of Java.
The President of the Polish Republic:
F. Sokal,
Envoy Extraordinary and Minister Plenipotentiary,
Permanent Delegate accredited to the League of Nations.
His Majesty the King of Roumania:
M. C. Antoniade,
Envoy Extraordinary and Minister Plenipotentiary accredited to the League of Nations.
His Majesty the King of Sweden:
M. K. I. Westman,
Envoy Extraordinary
and Minister Plenipotentiary accredited to the Swiss Federal Council.
The Swiss Federal Council:
M. E. Schulthess,
Federal Councillor,
Head of the Department of Public Economy;
M. W. Stucki,
Director of the Commercial Division at the Federal Department of Public Economy;
M. A. Gassmann,
Director-General of Customs,
Who, having communicated their full powers found in good and due form, have agreed upon the following provisions:
Article I.
The High Contracting Parties undertake not to avail themselves before April 1st, 1931, of the right to denounce the bilateral commercial treaties which ant one of then has concluded with any other the High Contracting Parties and which are in force an this day's date.
Article II.
Should any of the High Contracting Parties other than Chase referred to in Article IV be obliged to proceed, before the expiration of the present Convention, to make increases of his Customs duties above the level existing on to-day's date, or to impose Customs duties not existing on to-day's date, such as are likely to affect seriously the interests of any of the ether High Contracting Parties, the Party who regards himself as being injured thereby shall be entitled, as soon as notice has-been given as provided in Article III, and within two months of such notice being given, to ask for the opening of friendly negotiations between the Governments concerned in order to restore the equilibrium so disturbed.
Should these negotiations not lead to a result within a period of two months from the date of the request, the Party who has requested the opening of the negotiations shall be entitled to denounce the present Convention forthwith, such denunciation to take effect, so far as he is concerned, one month after notification to the Secretary-General of the League of Nations. Such denunciation may be either in respect of all the High Contracting Parties or in respect only of that Party who has increased, his duties or imposed new duties.
Alterations in Customs duties made in virtue of laws, or of circumstances of urgency, which make necessary the immediate application of such alterations, shall not be subject to the above provisions regarding negotiations. Nevertheless, the High Contracting Party who considers that his interest's injured shall retain the power of denunciation provided for in the second paragraph of this Article.
Article III.
Each of the High Contracting Parties to whom Article II applies undertakes to notify to the other High Contracting Parties, wherever possible, twenty days before the application of the a measures, if this is impossible, at the time when the measures in question are published with a view to their application, the increases in existing Customs duties or the new duties which he may find it necessary to impose.
It is understood that the laws, which provide for the immediate application of alterations in Customs duties entitle the Parties not to give the previous notice provided for above.
Article IV.
Those High Contracting Parties who do not consolidate their Customs duties by treaty, are do so only in exceptional cases, undertake not to proceed, during the term of the present Convention, to make increases of any protective duties above the level of the protective duties existing on to-day's date, or to impose protective duties not existing on to-day's date.
Article V.
If any of the High Contracting Parties referred to in Article IV should, before the expiration of the present Convention, proceed to make increases in his existing fiscal duties, or to impose fiscal duties not existing at today's date, such as are likely to interfere seriously with the interests of any of the other High Contracting Parties, the Party who considers himself injured shall have the right to denounce the present Convention forthwith, such denunciation to take effect, as far as he is concerned, one month after notification to the Secretary-General of the League of Nations.
Article VI.
Without prejudice to such more extensive obligations as would be imposed on each of them by the putting into force of the International Convention of November 8th, 1927, concerning the Abolition of Import and Export Prohibitions and Restrictions, the High Contracting Parties will not aggravate the situation existing in this matter at this day's date, failing which the procedure provided for in Articles II and III of the present Convention would -be applicable.
Article VII.
Should any of the High Contracting Parties avail himself of the right of denunciation provided for in Articles II, V and VI of the Convention, and in the Protocol of Signature d Article I - C, paragraph 5, any other High Contracting Party who may regard such denunciation as calculated to disturb seriously, in his case, the equilibrium of the present Convention, may denounce the Convention forthwith, such denunciation to take effect, so far as he is concerned, one month after notification to the Secretary-General of the League of Nation.
Article VIII.
a) Bilateral commercial treaties denounced before this day's date shall be excepted from the provisions of Article I.
Any increases of duties resulting from such demarcation shall not be subject to the procedure laid down in Article II.
b) Bilateral commercial treaties signed before this day's date, but not yet in force, may be substituted during the period of the present Convention for existing treaties; in such case they shall be subject to the provisions of Article I.
Any increases of duties resulting from the substitution of treaties referred to in the previous paragraph shall not be subject to the procedure laid down in Article II.
c) Provisional agreements substituted for commercial treaties denounced before this day's date and in force at that date, may be replaced, during the period of the present Convention, by definitive treaties or by other provisional agreements. Article I shall apply to these latter treaties or agreements.
If, however, increases in duties should result from these new treaties or agreements, such increases may be made the subject of the procedure laid down in Article II.
d) Bilateral commercial treaties to which Article I applies may be modified or replaced wholly or in part by new agreements during the period of the present Convention.
Nevertheless, in order that account may be taken of the interests of the other High Contracting Parties, and especially of those referred to in Article IV, it is agreed that, if these new agreements should involve increases of duties, the latter may be made the subject of the procedure laid down in Article II.
Article IX.
The present Convention is concluded for a period of one year from April 1st, 1930.
Before February 1st, 1931, any of the High Contracting Parties may inform the Secretary-General of the League of Nations of his intention to withdraw from the Convention an April 1st, 1931.
In the absence of any such notification, the Convention shall remain in force for a further period of six months, and similarly for successive period of six months. Two months before the expiration of each of these periods of six months, any of the High Contracting Parties may notify the Secretary-General of the League of Nations of his intention to withdraw from the Convention on the expiration of the current period.
Article X.
Should one of the High Contracting Parties avail himself of the right to withdraw from the Convention, as provided in the preceding Articles, any of the High Contracting Parties may, by making application to the Secretary - General of the League of Nations, require all the High Contracting Parties to be consulted for the purpose of taking a decision with regard to the Convention. If the Secretary - General thinks it necessary, he shall convene a meeting of the High Contracting Parties, who undertake to participate therein.
Article XI.
The High Contracting Parties, being determined to apply the present Convention in a spirit of loyal co-operation, undertake to refrain from any measure of any kind calculated to evade the obligations, resulting from the said Convention.
Article XII.
The present Convention, the French and English texts of which are both authentic, shall bear this day's date and can be signed up to April 15th, 1930, by any Member of the League and any non-member State represented at the Conference.
It shall be ratified, and the instruments of ratification shall be deposited before November 1st, 1930, with the Secretary-General of the League of Nations, who shall at once notify the receipt thereof to all Members of the League, as well as to the non-member States which were represented at the Conference which drew up the present Convention, or which have acceded to the Convention.
Article XIII.
The Secretary-General of the League of Nations shall convene, between the November 1st and 15th, 1930, a meeting of the High Contracting Parties who have ratified the Convention, and of those who have submitted a request to accede thereto, in accordance with the provisions of Article XIV.
During this meeting, the date of the coming into force of the Convention shall be fixed and, if necessary, a list drawn up of the Members of the League of Nations and non-member States whose accession is considered indispensable for the coming into force of the said Convention.
The Secretary-General of the League of Nations may convene to this meeting all the signatories of the present Convention and, at the request of one of the High Contracting Parties, who have ratified the said Convention, any other Member of the League of Nations or non-member State, which has participated in the present Conference.
Article XIV.
Any Member of the League of Nations or any non-member State may lodge with the Secretary-General of the League of Nations a request to accede to the present Convention.
This request shall immediately be notified by the Secretary-General to those Members of the League of Nations and non-member States on whose behalf signature of, or accession to, the present Convention has been effected.
The Member of the. League of Nations or non-member State wishing to accede to the Convention shall indicate in his request to accede whether he desires the provisions of Article II or of Article IV to apply to him. In this regard, the Secretary-General shall, as soon as the Convention has been brought into force in accordance with the provisions of Article XIII, consult the High Contracting Parties on whose behalf ratification of the present Convention has been effected. The accession shall become final only with the consent of all the High Contracting Parties. It shall take effect one month after the date on which the Secretary-General notifies the agreement reached.
Article XV.
Any Nigh Contracting Party may, at the time of signature, ratification, or accession, declare that he does not by his acceptance of this Convention assume any obligation in regard to all or any of his colonies, protectorates, are territories under suzerainty or mandate; and the present Convention shall not apply to any territories named in such declaration.
Any High contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the present Convention shall apply to all or any of this territories which have been made the subject of a declaration under the preceding paragraph. In such case the procedure laid dawn in Article XIV shall be followed.
Any High Contracting Party may at any time declare that he desires that the present Convention shall cease to apply to all or any of his colonies, protectorates or territories under suzerainty or mandate, and the Convention shall cease to apply to the territories named in such declaration one month after its receipt by the Secretary-General of the League of Nations.
IN FAITH WHEREOF, the Plenipotentiaries have signed the present Convention.
Done at Geneva, the twenty-fourth day of March one thousand nine hundred and thirty, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which authenticated copies shall be delivered to all Members of the League of Nations and non-member States represented at the Conference.
|
SCHMIDT |
GERMANY |
|
E. PFLÜGL |
AUSTRIA |
BELGIUM
Conjointement avec le Grand - Duché de Luxembourgh,
pour l'Union Economique Belgo-Luxembourgeoise.
[Translation.
Jointly with the Grand Duchy of Luxembourg, for the Economic Union of Belgium and Luxembourg.]
GREAT BRITAIN AND
NORTHERN IRELAND
and all parts of the British Empire which are not separate Members of the League of Nations.
I declare that my signature does not include ant of His Britannic Majesty's Colonies, Protectorates or Territories under suzerainty or mandate.
|
S. J. CHAPMAN |
|
|
WILLIAM BORBERG |
DENMARK |
|
A. SCHMIDT |
ESTONIA |
|
KYÖSTI JARVINEN |
FINLAND |
FRANCE
En signant la présente convention, les soussignés déclarent:
1o que les dispositions de l'article II, troisième alinéa, et de l'article III, deuxième alinéa, s'appliquent aux produits visés par les lois françaises du 13 décembre 18997 et du 1er décembre 1929;
2o que le Gouvernement français n'assume, du fait de ladite Convention, pour les colonies, protectorats et pays sous mandat de la France, aucune obligation autre que celles résultant des traités de commerce en vigueur.
[Translation.
In signing the present Convention, the undersigned declare:
1. That the provisions of Article II, paragraph 3, and of Article III, paragraph 2, apply to the products covered by the French laws of December 13th, 1897, and December 1st, 1929;
2. That the French Government does not assume, as a result of the said Convention, as regards its Colonies, Protectorates or countries under French mandate, any obligation other than those arising out of the commercial treaties in force.]
PIERRE ETIENNE FLANDIN
R. SEROT
|
R. RAPHAËL |
GREECE |
ITALY
En signant le présente Convention, le plénipotentiaire de Sa Majesté le Roi d'Italie déclare que les articles II, alinéa 3, et III de la Convention et ad article III du Protocole, visant les "circonstances urgents", s'appliquent, pour ce qui concerne l'Italie, à tous les cas ou les modifications des droits de douane sont adoptées d'urgence par le Gouvernement au moyen d'un acte ayant caractère législatif.
[Translation.
1 In signing the present Convention, the Plenipotentiary of His Majesty the King of Italy declares that Article II, paragraph 3, and Article III of the Convention and ad Article III of the Protocol, referring to "urgent circumstances", apply, so far as Italy is concerned to all cases in which modifications of Customs duties are adopted as emergency measures by the Government by means of an Act having a legislative character.]
DE MICHELIS
|
CHARLES DUZMANS |
LATVIA |
LUXEMBURG
Conjointement avec la Belgique, pou l'Union Economique Belgo-Luxembourgeoise.
[Translation.
Jointly with Belgium, for the Economic Union of Belgium and Luxembourg.]
ALBERT CALMES
|
HERSLEB BIRKELAND |
NORWAY |
THE NETHERLANDS
I declare that my signature does not include the Dutch East Indies, Surinam and Curaçao.
TRIP
|
F. SOKAL |
POLAND |
[Translation.
The Delegate of the Polish Republic accredited to the League of Nations to the Secretary-General, April 12th, 1930:
"In signing to-day the Commercial Convention and the Protocol to the said Convention, as also the Protocol regarding the programme of the future negotiations, adopted at Geneva on March 24th, 1930, I have the honour, by order of my Government, to bring the following to your notice:
"The Polish Government will only be in a position to submit the Commercial Convention of March 24th, 1930, to the procedure of ratification and thereafter put it into force on the condition that the tariffs in existence on April 1st, 1930, applied by the other States, shall not be subject, until the entry into force of the said Convention, to any important modifications which could be unfavourable to Polish exports.
"Please accept, etc."]
|
C. ANTONIADE |
ROUMANIA |
|
K. I. WESTMAN |
SWEDEN |
Sous réserve de ratification de Sa Majesté le Roi de Suède
avec l'approbation du Riksdag.
[Translation:
Subject to ratification by His Majesty the King of Sweden
with the approval of the Riksdag.]
|
SCHULTHESS |
SWITZERLAND |
|
STUCKI |
|
|
GASSMANN |
Protocol to the Commercial Convention.
At the moment of signing the Commercial Convention of to-day's; the undersigned, duly authorised, have agreed on the following provisions, which are intended to ensure the application of the Convention:
Ad Article I.
A.
The term "commercial treaties" applies, for the purposes of the present Convention, to every kind of treaty, convention, agreement or arrangement - definite are provisional - which contains commercial stipulations, as well as to any arrangements annexed thereto.
B.
It is under 00d that bilateral commercial treaties concluded for a fixed period, and without denunciation clause, between any two of the High Contracting Parties, shall rennin in force during the currency of the present Convention, subject to the provisions of Article VIII d).
C.
In signing the present Convention, Austria declares that she is unable to apply the provisions of the said Convention to the treaties of commerce at present in force between herself and Hungary and Czechoslovakia.
In signing the present Convention, Czechoslovakia declares that she is unable to apply the provisions of the said Convention to the treaty of commerce at present in force between herself and Hungary.
In signing the present Convention, Hungary, in order to make it possible for Austria and Czechoslovakia to give their signatures, declares that she accepts the reservations made by these two States in paragraph 1 and 2 above.
Similarly, Czechoslovakia, in order to make it possible far Austria to give her signature, declares that she accepts the reservation made by that State in paragraph 1 above.
Should an increase of duties result from the negotiations between the above three countries, or from the denunciation of any of the treaties now in force, it is agreed that any High Contracting Party shall have the right, on giving one month's notice, to denounce the present Convention in respect of one or both of the Parties who have asked leave to exclude the above-mentioned treaties from the scope of the Convention, or in respect of all the High Contracting Parties, without the provisions of Article II being applicable.
It is understood that the provisions of paragraph C apply to the revision of the three above-mentioned treaties which is at pre sent contemplated.
D.
The High Contracting Parties, taking into account the special position of Greece in regard to her principal exports, recognise that that country i entitled to avail herself of the right of denunciation stipulated in her commercial treaties, should measures taken by any one of the High Contracting Parties who is a signatory of any of the said treaties seriously disturb the balance of trade to the detriment of that country; and in such case the exercise of that right of denunciation shall not be deemed to infringe the obligation laid down in Article I.
Ad Article II.
A.
The provisions of Article II do not apply to any possible modifications of Customs duties expressly provided for or authorised in agreements signed on or before this day's date, or to cases in which a duty provisionally lowered below the rate specified in the autonomous tariff is restored to that rate.
B.
It is agreed that the provisions of the present Convention shall not be applicable in cases in which the conventional rates of duty provided for in a treaty of commerce with a State not party to the present Convention cease to be in force as a result of the denunciation of the said treaty of commerce. The conventional duties of the treaties thus denounced may be replaced either by the duties of the autonomous tariff or by the conventional duties laid down in other treaties in force.
Ad Articles II and V.
It is understood that the High Contracting Parties, in making provision in the third paragraph of Article II, and in Article V, for the possible denunciation of the Convention, in no way intend to preclude amicable understandings, in so far as the situation of the States concerned, or their legislation, permit.
Ad Article III.
The High Contracting Parties declare that they undertake to apply the twenty-day period of notice in all cases in which their legislation permits and in all cases in which urgent circumstances do not necessitate an immediate application of increases in existing duties or of new duties.
Ad Article IV.
The High Contracting Forties referred to in Article IV are: Great Britain, Denmark, the Netherlands, Norway, arid Portugal.
Ad Article V.
The High Contracting Parties referred to in Article IV declare that they do not give a wide interpretation to the term " fiscal duties", and that, in particular, they will not apply this term to duties which have as their object the protection of national production against foreign competition.
Ad Article VIII (d).
The High Contracting Parties agree in recognising that the provisions of Article VIII d) are essentially designed to make possible reductions of duties such as constitute the nominal purpose of commercial negotiations, without, however, precluding increases of duties under bilateral agreements with a view to adjustments of detail.
Ad Article XV.
The present Convention shall apply in relation to the Channel Island and the Isle of Man as if they were colonies.
The present Protocol will have the same farce, effect and duration as the Convention of to-day's date, of which it is to be considered as an integral part.
In FAITH WHEREOF, the undersigned have drawn up the present Protocol.
Done at Geneva, the twenty-fourth day of March, one thousand nine hundred and thirty, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which authentically copies shall be delivered to all Members of the League of Nations and non-member States represented at the Conference.
|
SCHMIDT |
GERMANY |
|
E. PFLÜGL |
AUSTRIA |
BELGIUM
Conjointement avec le Grand - Duché de Luxembourg,
pour l'Union Economique Belgo-Luxembourgeoise.
[Translation.
Jointly with the Grand Duchy of Luxembourg,
for the Economic Union of Belgium and Luxembourg.]
J. BRUNET
A. JANSSEN
GREAT BRITAIN
AND NORTHERN IRELAND
and all parts of the British Empire which are not separate Members of the League of Nations.
I declare that my signature does not include any of His Britannic Majesty's Colonies, Protectorates or Territories under suzerainty or mandate.
S. J. CHAPMAN
|
WILLIAM BORBERG |
DENMARK |
|
A. SCHMIDT |
ESTONIA |
|
KYÖSTI JARVINEN |
FINLAND |
|
PIERRE ETIENNE FLANDIN |
FRANCE |
|
R. SEROT |
|
|
R. RAPHAËL |
GREECE |
|
DE MICHELIS |
ITALY |
|
CHARLES DUZMANS |
LATVIA |
LUXEMBURG
Conjointement avec la Belgique,
pour l'Union Economique Belgo-Luxembourgeoise.
[Translation.
Jointly with Belgium
for the Economic Union of Belgium an Luxembourg.]
ALBERT CALMES
|
HERSLEB BIRKELAND |
NORWAY |
THE NETHERLANDS
I declare that my signature does not include the Dutch East Indies, Surinam and Curaçao.
TRIP
|
F. SOKAL |
POLAND |
|
C. ANTONIADE |
BOUMANIA |
|
K. I. WESTMAN |
SWEDEN |
|
SCHULTHESS |
|
|
STUCKI |
SWITZERLAND |
|
GASSMANN |