JAPANESE EMBASSY
Washington, February 11, 1922.
Sir :
In proceeding this day to the signature of the Convention between. Japan and the United States with respect to the islands, under Japan’s Mandate, situated in the Pacific Ocean and lying north of the Equator, I have the honor to assure you, under authorization of my Government, that the usual comity will be extended to nationals and vessels of the: United States in visiting the harbors and waters of those islands.
Accept, Sir, the renewed assurances of my highest consideration.
K. SHIDEHARA.
Honorable CHARLES E. HUGHES,
Secretary of State.
[The Secretary of State to the Japanese Ambassador] DEPARTMENT OF STATE,
Washington, February 11, 1922.
Excellency : :
I have the honor to acknowledge the receipt of Your Excellency’s Note under date of February 11, 1922, stating that the Japanese Government are quite willing to extend to American nationals and vessels the usual
comity in visiting the harbors and waters of the Japanese mandated islands.
Accept, Excellency, the renewed assurances of my highest consideration. | CHARLES E. HUGKHESs.
His Excellency
BARON KIJURO SHIDEHARA,
Ambassador of Japan.
(The Secretary of State to the Japanese Ambassador) DEPARTMENT OF STATE,
Washington, February 11, 1922.
Excellency :
In proceeding this day to the signature of the Convention between the United States and Japan with respect to former German Possessions under a Mandate to Japan, I have the honor to State that if in the future the Government of the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it will seek to obtain an extension of such treaties to the mandated islands south of the Equator, now under the Administration of those Dominions. I should add that the Government of the United States has not yet entered into a convention for the giving of its consent to the Mandate with respect to these islands.
I have the honor further to state that it is the intention of the Government of the United States, in making conventions, relating to former German territories under mandate, to request that the governments holding mandates should address to the United States, as one of the Principal Allied and Associated Powers, duplicates of the annual reports of the administration of their mandates.
Accept, Excellency, the renewed assurance of my highest consideration.
CHARLES E. HuGxess.
His Excellency BARON KIJSURO SHIDEHARA, Ambassador of Japan.
ÎThe Japanese Ambassador to the Secretary of State] JAPANESE EMBAS8Y,
Washington, February 11, 1922.
Sir :
I have the honor to acknowledge the receipt of your note of this date,
stating that if in the future the Government of the United States should -… have occasion to make any commercial treaties applicable to Australia à and New Zealand, it will seek to obtain an extansion of such treaties to : the islands south of the Equator, under the mandate of Australia and New Zealand, and further that it is the intention of the Government of the United States, in making hereafter conventions relating to former German territories under mandate, to request that the Mandatories should address to the United States, as one of the Princiapl Allied and Associated Powers, duplicates of the annual reports on the administration of such mandated territories.
In taking note of your communication under acknowledgment, I beg you, Sir, to accept the renewed assurances of my highest consideration.
K. SHIDEHARA.
Honorable CHARLES E. HUGKHES,
Secretary of State.
MANDAT POUR NAURU (1)
Le Conseil de la Société des Nations :
Considérant que, par l’article 119 du Traité de Pais avec l’ Allemagne, signé à Versailles, le 28 juin 1919, l’Allemagne a renoncé, en faveur des principales Puissances alliées et associées, à tous ses droits sur ses possessions d'outre-mer, y compris Nauru ;
Considérant que les principales Puissances alliées et associées ont convenu qu’un mandat soit conféré à Sa Majesté britannique pour administrer, en conformité avec l’article 22 du Pacte de la Société des Nations, Nauru et ont proposé que le mandat soit formulé ainsi que suit ;
Considérant que Sa Majesté britannique s’est engagée à accepter le mandat sur Nauru et a entrepris de l’exercer au nom de la Société des Nations conformément aux dispositions suivantes ;
Considérant que aux termes de l’article 22 ci-dessus mentionné, paragraphe 8, il est prévu que si le degré d’autorité, de contrôle ou d’administration à exercer par le Mandataire n’a pas fait l’objet d’une Convention antérieure entre les Membres de la Société, il sera expressément statué sur ces points par le Conseil ;
Par la présente, confirmant le mandat, a statué sur ses termes comme suit :
ARTICLE PREMIER
Le territoire dont sa Majesté britannique (ci-après dénommée le Mandataire) assume l’administration, sous le régime du mandat, comprend
(1) Traduction de la Société des Nations.
l’île de Nauru, ancienne colonie allemande (Pleasant Island située vers le 167° degré de longitude Est et 0 degré 25 minutes de latitude Sud).
Le Mandataire aura pleins pouvoirs d'administration et de législation sur le territoire soumis au présent mandat comme portion intégrante de son territoire.
Le Mandataire accroîtra, par tous les moyens en son pouvoir, le bienêtre matériel et moral, ainsi que le progrès social des habitants du territoire soumis au présent mandat.
(Identiques aux articles 3 à 7 du mandat pour le Sud-Ouest africain allemand.)
AGEEMENT BETWEEN
His MAYESTY’Ss GOVERNMENT IN LONDON His MAJESTY’Ss GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA AND, His MAJESTY’S GOVERNMENT OF THE DOMINION OF NEW ZEALAND.
Whereas a Mandate for the administration of the Island of Nauru has been confered by the Allied and Associated Powers upon the Bristish Empire, and such Mandate will come into operation on the ee into force of the Treaty of Peace with Germany :
And whereas it is necessary to make provision for the exercice of the said Mandate and for the mining of the phosphate deposits on the said Island :
Now, therefore, His Majesty’s Government in London, His Majesty’s Government of the Commonwealth of Australia, and His Majesty’s Government of the Dominion of New Zealand do hereby agree as follows :
The administration of the Island shall be vested in an Administrator.
The first Administrator shall be appointed for a term of five years by the Australian Government, and thereafter the Administrator shall be appointed in such manner as the three Governments decide.
The Administrator shall have power to make Ordinances for the peace, order, and good government of the Island, subject to the terms of this Agreement, and particularly (but so as not to limit the generality of the foregoing provisions of this Article) to provide for the education of children on the Island, to establish and maintain the necessary police force
and to establish and appoint courts and magistrates with civil and et minal jurisdiction.
All the expenses of the administration (including the remuneration of the Administrator and of the Commissioners), so far as they are not met by other revenue, shall be defrayed out of the proceeds of the sales of the phosphates.
There shall be a Board of Commissioners comprising three members, one to be appointed by each of the Governemnts who are parties to this Agreement.
Each of the Commissioners shall hold office during the pleasure of the Government by which he is appointed.
ARTICLE 5 mu La
The three Governments, or, if they are unable to agree, a majority of them, shall fix the remuüneration of the Commissioners.
The title to the phosphate deposits on the Island of Nauru and to all land. building, plant and equipment on the Island used in connexion with the working of the deposits shall be vested in the Commissioners.
Any right, title or interest which the Pacific Phosphate Company of any person may have in the said deposits, land, buildings, plant and equipment (so far as such rigth, title and interest is not dealt with by the Treaty of Peace) shall be converted into a claim for compensation at a fair valuation.
The amount of the said compensation shall be contributed by the Governments of the United Kingdom, the Commonwealth of Australia, and the Dominion of New Zealand in proportions to be mutually agreed upon or in the event of their failing to agree within three months of this Agreement coming into force then in the same proportions as the first allotment of phosphates under article 14 of this Agreement. Any other capital necessary for working expenses shall be contributed by the three Governments in the same proportions.
The deposits shall be worked and sold under the direction, manage-
et MREEE À PEL
ment and control of the Commissioners, subject to the terms of this Agreement.
It shall bé the duty of the Commissioners to dispose of the phosphates for the purpose of the agricultural requirements of the United Kingdom; Australia and New Zealand, so far as those requirements extend.
The Commissioners shall not, except with the unanimous consent of the three Commissioners, sell or supply any phosphates to, or for shipment to,
any country or place other than the United Kingdom, Australia or New Zealand.
Phosphates shall be supplied to the United Kingdom, Australia and New Zealand at the same f.0.b. price, to be fixed by the Commissioners on a basis which will cover working expenses, cost of management, contribution to administrative expensés, interest on capital, a sinking fund for the redemption of capital, and for other purposes ananimously agreed on by the Commissioners and other charges.
Any phosphates not required by the three Governments may be sold by the Commissioners at the best price obtainable.
All expenses, costs and charges shall be debited against receipts ; and if by reason of sales to countries other than the United Kingdom, Australia, or New Zealand, or by other means or circumstances, any surplus funds are accumulated, they shall be credited by the Commissioners to the three Governments i in the proportion in which the three Governments have contributed under Article 8 of this Agreement and held by the Commissioners in trust for the three Governments to such uses as those Governments may direct, or, if so directed by the Government for which they are held, shall be paid over to that Government,
There shall be no interference by any of the three Governments with the direction, management, or control of the business of working, shipping, or selling the phosphates, and each of the three Governments binds itself not to do or to permit any act thing contrary to or inconsistent with the terms and purposes of this Agreement.
Until the readjustment hereinafter mentioned, each of the three Governments shall be entitled to an allotment of the following proportions of the phosphates produced or estimated to be producted in each LT namely :—
United. adore .
Australia Re ou
country. are
If in any year any of the three Governments does not require any por- . tion of its allotment, the other Governments shall be entitled, so far as their requirements for home consumption extend, to have that portion À allotted among themselves in the proportions of the percentages to which they are entitled as above.
Where any proportion of the allotment of one of the Cote Î not taken up by that Government, that Government shall, when th phosphates are sold, be credited with the amount of the cost price a: fixed by the Commissionners under the first paragraph of Article 11 ; but if such phosphates are sold to a purchaser other than one of the Governments, any profit above the said cost prince shall be carried to the surplus fund mentioned in Article 12. |
The Agreement shall come into force on its ratification by the Paris ments of the three countries. £
LES hundred and nineteen.
(Signed) D. Lroyp Go : :
(Signed) W. M Huenes.
(Signed) W. F. MASs8Ey,
