A PROCLAMATION

Whereas a Convention between the United States of America and Japan with regard to the rights of the two Governments and their respective nationals in the former German Islands in the Pacific Ocean, lying north of the Equator, in particular the Island of Yap, was concluded and signed by their respective Plenipotentiaries at Washington, on the eleventh of

Par la présente, COnUAUE le mandat, a statué sur ses termes comme at

ANNEXES FE Hr-2a20

February, one thousand nine hundred and twenty-two, the original of which Convention is word for word as fallows :

The United States of America and Japan ;

Considering that by Article 119 of the Treaty of Versailles, signed on June 28, 1919, Germany renounced in favor of the Powers described in that Treaty as the Principal Allied and Associated Powers, to wit, the United States of America, the Bristish Empire, France, Italy and Japan, all her rights and titles over her oversea possessions ;

Considering that the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, signed on August 25, 1921, to restore friendly relations between the two nations ;

Considering that the said four Powers, to wit, the British Empire, France, Italy and Japan, have agreed to confer upon His Majesty the Emperor of Japan a mandate, pursuant to the Treaty of Versailles, to to administer the groups of the German Islands in the Pacific Ocean lying north of the Equator, in accordance with the following provisions :

(Ici se trouvent reproduits, en anglais, les 7 articles du mandat pour les anciennes colonies allemandes situées au nord de l’ Equateur, dans le Paci- Jfique, dont nous donnons, page 237, la traduction officielle.)

Considering that the United States did not ratify the Treaty of Versailles and did not participate in the agreement respecting the aforesaid Mandate ;

Desiring to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid islands, and in particular the Island of Yap, have resolved to conclude a. convention for that purpose and to that end have named as their Plenipotentiaries :

The President of the United States of America : Charles Evans Hughes, Secretary of State of the United States ; and |

His Majesty the Emperor of Japan: Baron Kijuro Shidehara, His Majesty’s Ambassador Extraordinary and Plenipotentiary at Washington ;

Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed as follows :

Subject to the provisions of the present Convention, the United States consents to the administration by Japan, pursuant to the aforesaid Mandate, of all the former German Islands in the Pacific Ocean, lying north of the Equator.

The United States and its nationals shall receive all the benefits of the engagements of Japan, defined in Articles 3, 4 and 5 of the aforesaid Man-

aa LES MANDATS INTERNATIONAUX

date, notwithstanding the fact ha the United States is no a Member of : the League of Nations. | ‘4 It is further agreed between the High Contracting Parties as folles : sa (1) Japan shall insure in the islands complete freedom of conscience and the free exercice of all forms of worship which are consonant with public order and morality ; American missionaries of all such religions shall be free to enter the islands and to travel and reside therein, toacquire and possess property, to erect religious buildings and to open schools throughout the islands ; it being understood, however, that Japan shall have the rigth to exercise such control as may be necessary for the maintenance of public order and good government and to re all measures required for such control.

(2) Vested American property rights in the mandated islands shall be | respected and in no way impaired ; PANIERS (3) Existing treaties between the United States and Japan dis be applicable to the mandated islands ; (4) Japan will address to the United States a daphonte of the Hess report on the administration of the Mandate to be made by Japan to 12e Council of the League of Nations ; (5) Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the Mandate as recited in the Convention, unless such modification shall have been expressly assented to by the United States.

The United States and its nationals shall have free access to the Island of Yap on a footing of entire equality with Japan or any other nation and their respective nationals in all that relates to the landing and operation of the existing Yap-Guam cable or of any cable which may hereafter be. laid or operated by the United States or by its nationals connecting with the Island of Yap.

The rights and privileges embraced by the preceding paragraph s’hall also be accorded to the Government of the United States and its nationals with respect to radio-telegraphic communication ; provided, however, that so long as the Government of Japan shall maintain on the Island of Yap an adequate radio-telegraphic station, cooperating effectively with the cables and with other radio stations on ships or on shore, without discriminatory exactions or preferences, the exercice of the right to esta- É blish radio-telegraphic stations on the Island by the United States or its Ê nationals shall be suspended. de

In connection with the rights embraced by Article 8, specific rigths, privileges and exemptions, in s0 far as they relate to electrical communtcations, shall be enjoyed in the Island of Yap by the United States and its nationals in terms as follows : :

(1) Nationals of the United States shall have the unrestricted right to reside in the Island, and the United States and its nationals shall have the rigth to acquire and hold on a footing of entire equality with Japan or any other nation or their respective nationals all kinds of property and inte» rests, both personal and real, including lands, building, residences, offices, works and appurtenances.

(2) Nationals of the United States shall not be obliged to obtain any permit or licence in order to be entitled to land and operate cables on the Island, or to establish radio-telegraphic service, subject to the provisions of Article 3, or to enjoy any of the rights and privileges embraced bu this Article and by Article 3,

(3) No censorship or supervision shall be exercised over cable or radio messages or operations. |

(4) Nationals of the United States shall have complete freedom of entry and exit in the Island for their persons and property.

(5) No taxes, port, harbour, or landing charges or exactions of any nature whatsoever, shall be levied either with respect to the operation cables or radio stations, or with respect to property, persons or vessels.

(6) No discriminatory police regulations shall be enforced..

(7) The Government of Japan will exercise its power of expropriation in the Island to secure to the United States or îts nationals needed property and facilities for the purpose of electrical communications if such property or facilities cannot otherwise be obtained.

Its understood that the location and the area of land so to be expropriated shall be arranged between the two Governments according to the requirements of each case. Property of the United States or of its nationals and facilities for the purpose of electrical communication in the Island shall not be subject to expropriation.

The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutions. The ratifications of this Convention shall be exchanged in Washington as soon as practicable and it shall take effect on the date of the exchange of the ratifications.

IN WITNEss WHEREOF, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.

DoxE in duplicate at the City of Washington, this eleventh day of February, one thousand nine hundred and twenty-two.