GRANDE-BRETAGNE, ROUMANIE
Traité de commerce et de navigation suivi d'un Protocole; signé à Bucharesty le 6 avril (24 mars) 1880*).
Park Paper [2615'\ 1890.
Texte anglais.
' Her Majesty the Queen of the United Kingdom of Oreat Britain and Ireland, and His Royal Highness the Prince of Bonmania, being désirons of placing on a satisfactorj footing the commercial and maritime relations between the two States, hâve, with this object, determined to conclude a Treaty of Commerce and Navigation, and hâve therefore named as their respective Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Oreat Britain and
*) En anglais et en langue roumaine. Les ratiâcations ont été échangées à Bucharest, le 12 juillet (80 juin) 1880.
Hh2
452 GrmÊde-BreUÊgime,
Ir^lÉiad, WriHam Ar^bnr Wltite, Esqinre, a Companûm of tlie Moet Ho» jiônrahU ^>n'der of Ûie Bath, Her Majesty's Envoy ExtraorfinarT and MimgtCT Pî<«iipr»t«itiary to His Royal Hisrhneaa the Prince of Bonmania;
Anr) Hm i^yai Hi^mesR the Fnnce of Romnania, M. Basile Boeresco. hia Minist^^r Secretary of âtat« for Foreign Affeûr*. Grand Croœ of his Order of the Btar of Boomania, Grand Crow of the Order of the Iron Crown, of the ()r(\eT of the Crown of Italy, 4c.;
Who, after having commanicated to «ach other their respectÎTe fnll pomem, fotuid in good and due form, ha^e agreed opon and conclxzded the foïUymnq Artielea:
Art, 1. There ahail be recîprocally fall and entire liberty of commerce vnA navigation \i9^^i^£tL the snbjecta of the two Hi^ Contracting Partie», who ahall be free tc} establiah themâeWes in each other's territory.
British <mbjectg in Rotunania and E^tunanian snbjecta in the terrîtof\m (indnding the Colonies and foreign Posseasionaj of Her Brîtannic Majeuty sball, in eonforming to the lawa of the country, be at liberty rcdiwocally to enter, trarel, or réside in any part of the respective territorien, to carry on their boâinesa; and shall enjoy, in thia respect, the aame protection of their persona and property aa that enjoved bv native snbjectn, or by the snbjeets of any third cotmtry the most favonred in thèse re«pect«,
They »hall be ai liberty to exercise their commerce, and to brade, both by Wholesale and by retail, in the whole extent of both territories, witbont being fmbjccted, a% to their persons or property, or with regard \à} the exercise of their trade of business, to any taxes, whether gênerai or local, or t/> any imposta or conditions of any kind other or more oneron« than thr>sc which are or may be imposed upon native snbjects or the rabjecift of any third country the most favoored in thèse respects.
The right», privilèges, exemptions, and immxinities of any kind enjoyed with respect to trade and commerce by the snbjects of the High Contracting Parties, or which are or may be hereafler conccded to the snbjects of any third Power, shall be extended to the snbjects of the other.
British snbjects in Roumania and Ronmanian snbjects in the territorioH (inclnding the Colonies and foreign Possessions) of Her Britannic Majosty shall enjoy fall liberty to acqnire, possess, and dispose of, in the whole extent of the respective territories, every description of property which the laws of the country permit or may permit the snbjects of any foreign nation to acc|uire or to hold.
They shall be at liberty to acquire and di^ose of such property, whethor by sale, donation, marriage, testament, or in any other manner whatover, under the same conditions which are or may be established with respect to the snbjects of any other foreign nation, without being subject to any imposts, duties, or charges of any description whatever other or higher than those which are or may be levied on such foreign snbjects, or on snbjects of the country. They shall likewise be at liberty to export the proceeds of the sale of their property and goods in gênerai, without bting subjected, on such exportation, to pay as foreigners, any
Commerce et naeigalUm. 453
other or higher duties than those payable ander similar circuinstances bj subjects of the country, or the sabjects of any third Power the most favoured in thèse respects.
They shall be equally exempted from ail officiai, obligatory, judicial, administrative, or municipal fonctions wbatsoeyer. They o&ll likewise enjoy most-favoured-nation treatment with respect to access to Courts of Law, and in the prosecution and defence of their rights, and in regard to domiciliary visits to their dwellings, manufactories, warehouses, or shops.
British snbjects in Roumania and Bonmanian subjects in the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty shall be reciprocally exempted from ail personal service, whether in the army, navy, or national guard, or militia, from billeting, from ail contributions, whether pecaniary or in kind, destined as a compensation for Personal service, from ail forced loans and military exactions or réquisitions.
The liabilities, however, arising ont of she possessions of real property, and for military loans and réquisitions to which ail the subjects of the State might be called upon to contribute as proprietors of real property, shall be excepted.
Art, II. The produce and manufactures of, as well as ail goods coming from the terrîtories (including the Colonies and foreign Possessions) of Her Britannic Majesty, which are imported into Roumania, and the produce and manufactures of, as well as ail goods coming from Roumania, which are imported into the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty, whether intended for consnmption, warehonsing, re-exportation, or transit, shall be treated in the same manner as, and, in particular, shall be subjected to no higher or other duties, whether gênerai or municipal or local, than the produce, manufactures, and goods of any third country the most favoured in this respect. No other or higher duties shall be levied in Roumania on the exportation of any goods to the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty, or in the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty, on the exportation of any goods to Roumania than may be levied on the exportation of the like goods to any third country the most favoured in this respect.
Neither of the Contracting Parties shall establish a prohibition of importation, exportation, or transit against the other, which shall not, under like circumstances, be applicable to any third country the most favoured in this respect.
In like manner in ail that relates to local dues, customs formalities, brokerage, pattems or samples introduced by commercial travellers, and ail other matters connected with trade, British subjects in Roumania and Roumanian subjects in the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty, shall enjoy most-favoured-nation treatment.
Art, m, The Roumanian Govemment engage to modify and rednce, with respect to the following goods, the duties specified in the Tariff drawn
454 Grande - Bretagne , Roumanie.
up by tbe Mixed Commission whicfa met at Vienna in conformity wiih Article IX of the Convention of June 22, 1875, between Roiimania and Austria-Hungary*), that is to say: —
Art. 267. Paints, unprepared, common, unenumerated, prepared witb oil, ground for painting bouses, sbips, &c., to which sball be added: and sucb as are imported in larger récipients tban mentioned in Art. 266.
Conventional Tariff 24 lei per 100 kilog.
Rédaction to 16 lei » >
Art. 845. Felts, of ail sorts, as well as tbe following articles of felt: Soles, listshoes, witb or witbout soles (even of leatber), as well as common felt bats for tbe use of peasants and soldiers.
Conventional Tariff 25 lei per 100 kilog.
Rédaction to 20 lei » >
Art. 376. Cotton Twist, single, grey or bleacbed, called in Roumanian cretz, cretzisor or extra-cretz.
Conventional Tariff 21 lei per 100 kilog.
Rédaction to 15 lei > »
Art 377. Doubled TamSi in two or more tbreads, grey or bleacbed.
Conventional Tariff 81 lei per 100 kilog.
Réduction to 20 lei » »
Art. 395. (o).**) Jute tissues, very common, grey or bleacbed.
5 lei per 100 kilog.
(b,) Textures, grey, very conunon.
10 lei per 100 kilog.
Art. 465. Petroleum crude and refined — to wbicb sball be added — >and scbist oil8.«
Art. 494. Céments, natoral and prepared.
Conventional Tariff 70 o. per 100 kilog.
Réduction to ..60o. > >
Art. 499. Earthenware, common — to wbicb sball be added — >and common printed plates of two colours imported in baskets, « and omitting tbem in Article 500, wbere tbey appears as » semi-fine Ëartbenware.<
Art. 505. Glass, moulded, unpolisbed, fignred, eut, ornamented, massive— witb tbe following spécifications— bollow glass, uncut, ungroond.
Art. 538. Copper, Brass and Bronze in sbeets.
Conventional Tariff 20 lei per 100 kilog.
Rédaction to .... 15 lei » »
Art. 543. To omit from Note 1 of tbis Article »trunnions and pillions belonging to macbinery.<
Art. 548. Tin, raw, in plates, àc.
Conventional Tariff 16 lei per 100 kilog.
Réduction to 15 lei > •
Art. 572. Rails of Iron and Steel.
Conventional Tariff 1 lei 75 o. per 100 kilog.
Réduction Free.
♦) V. N. R. G. 2e Série, II. 871.
**) Sacks and carpeta of pure jute oome onder jate tiaauea, and are tazed— 5 lei per 100 kilog.
Commerce et nwrigatkm, 456
Art. 573. Uopps, of IroUi for wfaeels.
CoDTentioDal Tariff 1 lei 90 o. per 100 kilog.
Rédaction Free
Art. 575. Tin and Iron, in plates.
Conventional Tariff 5 loi per 100 kilog.
Rédaction to 8 lei 50 c. per 1(K) kilog.
Art. 581. Varions articlesi fittings, and detaoheâ parts of machinery^ of cast Iron.
Gonventional Tariff 8 lei per 100 kilog.
Rédaction Free
Art. 586. Large Nails and wronght Nails (ConTentional Tariff 4 lei per 100 kilog.)y and
Art. 587. Wire Nails from No. 42 apwards (Oonyentional Tariff 8 lei per 100 kilog.) to be unitednnder one Article and classified as > Wronght nails and wirenails.«
Rédaction to 4 lei per 100 kilog.
Art. 592. Iron Chains, with links more than 1 centim. thick (Oonyentional Tariff 7 lei per 100 kilog.), and
Art. 598. Iron Chains, with links less than 1 centim. thick (Oon- ▼entional Tariff 12 lei per 100 kilog.), to be nnited nnder one Article and classified as ^Iron Chains, ezcept Ships* Ohains.«
Rédaction to 7 lei per 100 kilog.
Art. 598. Iron Bedsteads, with omaments — ^to add— >metal bedsteads, such as iron, brass and bronze, < &c.
Art. 600. Unenumerated articles of Iron and Steel, enamelled, plated, &c. (Conventional Tariff 15 lei per 100 kilog.), and
Art. 601. Articles of Iron and Steel, semifine (Conventional Tariff 25 lei per 100 kilog.). — To be nnited nnder one Article comprising both classifications.
Rédaction to 15 lei per 100 kilog.
Art. 604. Articles of Tin and Sheet Iron, peinted or enamelled— to which is added >or galvanized.«
Art. 610. Cntlery, common, of Iron or Steel, common SdssorSf with settings of wood, bone, hom, or other common materiak.
Conventional Tariff 40 lei per 100 kilog.
Rédaction to 20 lei > »
Art, IV. The duties ad valorem provided for in the présent Treaty shall be calcnlated on the value at the place of expert, with the addition of the cost of transport, insnrance, and commission necessary for the importation into the territoires of the other Power as far as the port of discharge or place of entrj.
The importer shall annez to his written déclaration stating the vaine and description of the goods imported an invoice indicating the actoal price emanating from the maker or seller. If the Cnstomhonse anthorities within twenty-fonr honrs after the declarati<m is presented, shall be of opinion that the dedared vaine is insuffident, ihey shall be at liberty to
456 Grande - Bretagne , Roumanie.
iake the guods on pajing to the importer the price declared, with an addition of 10 per cent.
This pajment shall be made within the fifteen days following the déclaration, and any dnty which may hâve been levied npon such goods shall be at the same time repaid.
Art. F. British snbjects in Boumania and Ronmanian snbjects in the ierritories (inclnding the Colonies and foreign Possessions) of Her Britannic Majesty shall enjoy the same rights as natives, or as are now granted, or may hereafter be granted, to the snbjects of any third country the most fayotured in this respect, in every-thing relating to property in trade marks and trade labels or tickets, as well as in pattems and designs for mannfÎEtctnrers.
It is onderstood that any person who desires to obtain the aforesaid protection mnst falfil the fonnalities reqnired by the laws of the respective oonntries.
Art. VI, Every réduction in the Tariff of Import and Export Dutics af well as every faveur or immonity which may be granted hereafter by one of the Contracting Parties to the snbjects, commerce, or navigation of a third Power, shall be granted simoltaneously and nnconditionally to the other.
Art. VIL British ships and their cargoes shall, in Roumania, and Boumanian vessels and their cargoes shall, in the territories (inclnding the Colonies and foreign Possessions) of Her Britannic Majesty , from whatever place arriving, and whatever may be the place of origin or destination of their cargoes^ be treated in every respect as national ships and their cargoes.
The preceding stipulation applies to local treatment, dues, and charges in the ports, basins, docks, roadsteads, harbours, and rivers of the two oountrieSi pilotage, and generally to ail matters connected with navigation.
Every fàvour or exemption in thèse respects, or any other privilège in matters of navigation which either of the Contracting Parties shall, grant to a third Power, shall be extended immediately and nnconditionally to the other party.
Ail vessels which, according to British law, are to be deemed British vessels, and ail vessels which, according to Boumanian law, are to be deemed Boumanian vessels, shall, for the purposes of this Treaty, be respec* tively deemed British or Boumanian vessels.
The coasting trade, however, is excepted from the preceding stipulations, and remains snbject to the respective laws of the two countries.
Art, Vin. Each of the Contracting Parties may appoint Consuls- Général, Consuls, Vioe-Consnls, Pro-Consuls, and Consular Agents to réside respectively in towns and ports in the territories of the other Power. Such Consular officers, however, shall not enter upon their functions until after they shall hâve been approved and admitted in the usual form by the Government to which they are sent. They shall exercice whatever ihnetions, and en^joy whatever privilèges, exemptions, and immunities are or may hereafter be granted there to Consular officers of the most favoured natioii.
Commerce et naetgafion. 457
Art. IX. knj ship of war or merchant - vessel of either of the Gontracting Parties, which may be compelled by siaress ofweather, or by accident, to take shelter in a port of the other, shall be at liberty to refit therein, to procure ail aecessary stores, and to put to sea again, without paying any dues other than such as woold be payable in a similar case by a national vessel.
In case the master of a merchant-vessel shoold be nnder the necessity of disposing of a part of his merchandize in order to defray the expansés he may hâve incnrred , no impediment shall be opposed by the local authorities, the master being, however, bound to conform to the régulations and tariffs of the place to which he may hâve corne.
If any ship of war or merchant-vessel of one of the Contraoting Parties should be stranded or wrecked upon the coasts of the territories of the other, such ship or vessel, and ail parts thereof , and ail fumituro and appartenances belonging thereunto, and ail goods and merchandize saved therefrom, including any which may hâve been cast into the sea, or the proceeds thereof, if sold, as well as ail papers found on board such stranded or wrecked ship or vessel , shall be given up to the owners or their agents when claimed by them from the offîcers or functionaries, British or Roumanian, who may be, by the laws and orders of the Govemments of their respective countries, entrusted with the protection, préservation, and custody of shipwrecked property. If there are no such owners or agents on the spot, then the said ship, and the above-named things and appurtenances , shall be delivered by the above-named of&cers or functionaries to the British or Roumanian Consul-Oeneral, Consul, Vice- Consul, or Consular Agent in whose district the stranding or wreck may bave taken place, upon being claimed by him within the period fixed by the laws of the country ; and such Consular functionaries, owners, or agents shall pay only the expenses incnrred in the préservation of the property, together with the salvage or other expenses which would hâve been payable in the like case of the stranding or wreck of a national vessel.
It is, however, agreed that when the owner of the goods or merchandize, or his agent, not being présent on the spot, shall be a native of the coxintry in which the stranding or wreck may take place, and résident therein , the goods or merchandize which may belong to him , or the produce thereof, if sold, shall not remain in the power of the Consular functionaries, but shaU be deposited according to the laws of the said country, in order to be handed over to whomsoever they may belong by right.
The goods and merchandize saved from the wreck shall be exempt from ail duties of Customs, unless cleared for consumption, in which case they shall pay the same duties that they would hâve to pay if they had been imported in a national vessel.
In the case of a vessel being driven in by stress of weather, stranded, or wrecked, the respective Consuls -General, Consuls, Vice-Consuls, and Consnlar Agents shall, if the owner or master, or other agent of the owner is not présent, or is présent and reqniree it, be authorized to in-
458 Grande-Bretagne^ Roumanie.
terpose in order to afford the necessary assistance to their fellow-coantrymen.
The intervention of the local anthorities, when the owners, their agents, the captain, or the Consnlar fanctionaries are présent, shall onlj take place for the pnrpose of maintaining order, of farthering the action of those persons, and of ensnring the exécution of the rnles to be observed for the entry and ezit of the goods and merchandize saved, and for the realization of the dnties when payable.
In case, however, of the absence, not only of the owner, captain, or other agents, but also of the Consuls-General, Consuls, Vice -Consuls, and Consular Agents, and until their arrivai, the local aothorities shall make it their duty to take the necessary measures for the protection of the individuals, and the préservation of the effects wrecked.
Art, X. British Consular ofiQcers in Roumania, and Roumanian Cou* Bular officers in the territories (including the Colonies and foreign Possessions) of Her Britannic Majesty, shall receive from the local authorities Buch assistance as can by law, or the provisions of Treaties with any third Power, be given to them for the recovery of deserters from the veeseis of their respective countries.
Art, XI. The ratifications of the présent Treaty shall be ezchanged at Bucharest as soon as possible. It shall corne into force immediately, and shall remain in force for ten years from the date of the ezchange of ratifications. And in case neither of the two Contracting Parties shall hâve notified twelve months before the expiration of the said period of ten years its intention of putting an end to the présent Treaty, it shall remain binding until the expiration of one year from the day on which either of the Contracting Parties shall bave given such notice.
In witness whereof, the respective Plenipotentiaries hâve signed the présent Treaty, aud hâve affixed thereto their seals.
Donc in duplicate, at Bucharest, the 24th day of March (o. s.) and the 5th day of April, one thousand eight hundred and eighty.
W. A. WhUe. B. Boereaeo.
Protocol.
Upon proceeding to the signature of the Treaty of Commerce and Navigation conduded this day between Great Britain and Boumania, the Plenipotentiaries of the two Powers hâve agreed as follows: ^ —
The South African Colonies, having signified their wish not to be induded in the stipulations of the said Treaty, they remain excluded from the opérations of the same.
In a similar manner any British Colony or foreign Possession of Her Britannic Majesty shall hâve the option not to be induded in the stipulations of this l^eaty, provided notice to that effect is given within a period not later than six months after the ratifications of the Treaty, and the provisions of this Treaty shall not apply to any British Colony or foreign Possession of Her Britannic Majesty wfaich shall bave given such notice.
Grande-'Bretagne^ Serbie.
In witness whereof , ihe undersigned Plenipotentiaries hâve drawn iip ihe présent Protocol in daplicate form, to which, afber it had been daly read, they affixed their signatures.
Bucharest, this 5th day of April| 1880.
W. A. White,
