[Title] "TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION BETWEEN JAPAN AND SIAM", "PROTOCOL", "DIPLOMATIC NOTES"

TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION BETWEEN JAPAN AND SIAM.

Signed at Bangkok, in Japanese, Siamese and English, February 25, 1898 (31st year of Meiji).
Ratified April 20, 1898.
Ratifications exchanged at Bangkok, May 31, 1898.
Promulgated June 25, 1898.

His Majesty the Emperor of Japan and His Majesty the King of Siam, being equally animated by a desire to promote the relations of Friendship, Commerce and Navigation which happily exist between Their respective States and subjects, have resolved to conclude a Treaty for that purpose, and have named as Their Plenipotentiaries, that is to say :

His Majesty the Emperor of Japan, Inagaki Manjiro, Shogoi, His Majesty's Minister Resident at the Court of His Majesty the King of Siam and His Majesty the King of Siam, His Royal Highness Prince Krom Luang Devawongse Varoprakar, Knight of the Order of Chakrakri, First Class of he Order of Rising Sun &c., Minister for Foreign Affairs of His Majesty the King of Siam,

Who, after having communicated to each other their respective Full Powers, found to be in good and due form, have agreed upon and concluded the following Articles :

ARTICLE I.

There shall be constant peace and perpetual friendship between Japan and Siam, and the subjects of each of the High Contracting Parties, shall enjoy, in the dominions and possessions of the other, full and entire protections for their persons and property according to established law of the country.

ARTICLE Ⅱ.

It shall be free to each of the Contracting Parties to appoint Consuls-General, Consuls, Vice-Consuls and Consular Agents to reside in the towns and ports of the dominions and possessions of the other where similar officers of other Powers are permitted to reside. Such Consuls-General, Consuls, Vice-Consuls and Consular-Agents, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are sent. They shall enjoy all the honours, privileges, exemptions and immunities of every kind which are or may be granted to Consuls of the most favoured nation.

ARTICLE Ⅲ.

The subjects of each of the High Contracting Parties may enter, remain and reside in any part of the dominions and possessions of the other, where the subjects or citizens of the nation most favoured in those respects, are permitted to enter, remain and reside ; they may there hire and occupy houses, manufactories, shops and warehouses, and they may there engage in trade by wholesale and retail in all kinds of produce, manufactures and merchandise, paying no other or higher taxes, imposts, charges or exactions of any kind than are now or may hereafter be paid by the subjects or citizens of the most favoured nation.

In all that relates to travel, trade and residence ; to the acquisition, possession and disposal of property of all kinds and to the right to engage in all kinds of business, occupation and enterprise, the subjects of each of Contracting Parties in the dominions and possessions of the other, shall at all times enjoy the treatment accorded to the subjects or citizens of the most favoured nation.

ARTICLE Ⅳ.

There shall be reciprocally full and entire freedom of commerce and navigation between the dominions and possessions of the two High Contracting Parties. The subjects of each of the Contracting Parties shall have liberty freely and securely to come and go with their ships and cargoes to and from all places, ports and rivers in the dominions and possessions of the other which are now or may hereafter be opened to foreign commerce and navigation.

ARTICLE Ⅴ.

The subjects of each of the High Contracting Parties shall enjoy, in the dominions and possessions of the other, a perfect equality of treatment with the subjects or citizens of the most favoured nation in all that relates to transit duties, warehousing, bounties, facilities, the examination and appraisement of merchandise and drawbacks.

ARTICLE VI.

No other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the King of Siam of any article, the produce or manufacture of the dominions and possessions of His Majesty the Emperor of Japan, from whatever place arriving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the Emperor of Japan of any article, the produce or manufacture of the dominions and possessions of His Majesty the King of Siam from whatever place arriving, than on the like article produced or manufactured in any other foreign country ; nor shall any prohibition be maintained or imposed on the importation of any article, the produce or manufacture of the dominions and possessions of either of the High Contracting Parties into the dominions and possessions of the other from whatever place arriving, which shall not equally extend to the importation of the like article being the produce or manufacture of any other country. This last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons, or of cattle, or of plants useful to agriculture.

ARTICLE VII.

No other or higher duties, taxes or charge of any kind shall be imposed in the dominions and possessions of either of the High Contracting Parties in respect of any article exported to the dominions and possessions of the other, than such as are or may be payable in respect of the like article exported to any other foreign country ; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other which shall not equally extend to the exportation of the like article to any other country.

ARTICLE VIII.

All article which are or may be legally imported into the ports of the dominions and possessions of His Majesty the Emperor of Japan in Japanese vessels or vessels of the most favoured nation, may likewise be imported into those ports in Siamese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese vessels or vessels of the most favoured nation ; and reciprocally, all articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the King of Siam in Siamese vessels or in vessels of the most favoured nation, may likewise be imported into those ports in Japanese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Siamese vessels or vessels of the most favoured nation. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place.

In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same internal and export duties shall be paid and the same bounties and drawbacks allowed in the dominions and possessions of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese or Siamese vessels or in vessels of a third Power and whatever may be the place of destination, whether a port of either of the Contracting Parties or of any third Power.

ARTICLE IX.

No other or higher duties or charges on account of tonnage, light or harbor dues, pilotage, quarantine, salvage in case of damage or shipwreck or any other local charges, shall be imposed in any ports of Japan on Siamese vessels nor in any of the ports of Siam on Japanese vessels than are now or may hereafter be payable in like cases in the same ports on national vessels in general or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels from whatever port or place they may arrive and whatever may be their place of destination.

ARTICLE X.

In all that concerns the entering, cleaning, stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries, no privilege shall be granted by one country to national vessels or vessels of any third Power, which shall not be equally granted in similar cases to vessels of the other country.

ARTICLE XI.

Any ship-of-water or merchant-vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter in a port of the other, shall be at liberty to refit therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such as would be payable by national vessels. In case, however, the master of a merchant-vessel should be under the necessity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may have come.

If any ship-of-war or merchant-vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furnitures and appurtenances belonging thereunto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners, master or their agents, when claimed by them. If such owners, master or agents are not on the spot, the same shall be delivered to the respective Consuls-General, Consuls, Vice-Consuls or Consular Agents upon being claimed by them within the period fixed by the laws of the country, and such consular officers, owners, master or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel.

The goods and merchandise saved from the wreck shall be exempt from all the duties of the customs unless cleared for consumption, in which case they shall pay the ordinary duties.

In the case of a ship or vessel belonging to the subjects of either of the Contracting Parties being driven in by stress of weather, run aground or wrecked in the dominions and possessions of the other, the respective Consuls-General, Consuls, Vice-Consuls and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present but requires it, be authorized to interpose in order to afford the necessary assistance to the subjects of the respective States.

ARTICLE XII.

The vessels of War of each of the High Contracting Parties may enter, remain and make repairs in those ports and places of the other, to which the vessels of war of the most favoured nation are accorded access; they shall there submit to the same regulations and enjoy the same honours, advantages, privileges and exemptions as are now or may hereafter be conceded to vessels of war of the most favoured nation.

ARTICLE XIII.

The High Contracting Parties agree that, in all that concerns commerce, industry and navigation, any privilege, favour or immunity which either Contracting Party has actually granted, or may hereafter grant, to the Government, subjects, citizens, ships or merchandise of any other State shall be extended immediately and unconditionally to the Government, subjects, ships or merchandise of the other Contracting Party ; it being their intention that the trade, industry and navigation of each country shall be placed, in all respects, by the other on the footing of the most favoured nation.

ARTICLE XIV.

The present Treaty shall come into force immediately after the exchange of ratifications and shall remain in force for ten years, and thereafter until the expiration of a year from the day on which one or the other of the Contracting Parties shall have repudiated it.

ARTICLE XV.

The present Treaty is signed in duplicate in the Japanese, Siamese and English languages and in case there should be found any discrepancy between the Japanese and Siamese texts, such discrepancy shall be decided in conformity with the English text.

ARTICLE XVI.

The present Treaty shall be ratified and the ratifications thereof shall be exchanged at Bangkok as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.
Done at Bangkok, in sextuplicate, this twenty-fifth day of the second month of the thirty-first year of Meiji, corresponding to the twenty-fifth day of February of the one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hundred and ninety-eight year of the Christian era.

(Signed) INAGAKI MANJIRO. (L.S.)
(Signed) DEVAWONGSE VAROPRAKAR. (L.S.)

PROTOCOL.

At the moment of proceeding this day to the signature of the Treaty of Friendship, Commerce and Navigation between Japan and Siam the Plenipotentiaries of the two High Contracting Parties have declared as follows :

1. The Siamese Government consent that Japanese Consular officers shall exercise jurisdiction over Japanese subjects in Siam until the judicial reforms-of Siam shall have been completed ; that is, until a Criminal Code, a Code of Criminal Procedure, a Civil Code (with exception of Law of Marriage and Succession), a Code of Civil Procedure and a Law of Constitution of the Courts of Justice will come into force.

2. The Japanese Government accept as binding upon Japanese subjects and vessels resorting to Siam the Trade Regulations and Customs Tariffs now in force in Siam in respect of the subjects, citizens and vessels of the other Powers having Treaties with Siam.
Such Regulations and Tariffs shall be subject to revision at any time upon 12 months' previous notice, on demand of either Japan or Siam.
All fines and penalties imposed for infractions of the said Regulations or of the Treaty signed this day, shall be paid to the Siamese Government.

3. Any controversies which may arise respecting the interpretation or the execution of the Treaty signed this day or the consequences of any violation thereof, shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of Commissions of Arbitration, and that the result of such arbitration shall be binding upon both Governments.
The members of such Commissions shall be selected by the two Governments by common consent, failing which each of the Parties shall nominate an Arbitraror or an equal number of Arbitrators and the Arbitrators thus appointed shall select an Umpire.
The procedure of the Arbitration shall in each case be determined by the Contracting Parties, failing which the Commission of Arbitration shall be itself entitled to determine it beforehand.
The undersigned Plenipotentiaries have agreed that this Protocol shall be submitted to the High Contracting Parties at the same time as the Treaty, and that when the Treaty is ratified, the agreements contained in this Protocol shall also equally be considered as approved, without the necessity of a further formal ratification.
In witness whereof the respective Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.
Done at Bangkok, in sextuplicate, this twenty-fifth day of the second month of the thirty-first year of Meiji, corresponding to the twenty-fifth day of February of the one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hundred and ninety-eighth year of the Christian era.

(Signed) INAGAKI MANJIRO. (L.S.)
(Signed) DEVAWONGSE VAROPRAKAR.(L.S.)

DIPLOMATIC NOTES.
(Correspondence relating to the Traffic in Spirituous Liquors.)

Dated at Bangkok, February 25, 1898 (31st year of Meiji).
Published June 25, 1898.

(Translation.)

Japanese Legation,
Bangkok, February 25, 1898.

Monsieur le Ministre,

I have the honor to communicate to Your Royal Highness the following proposals which the Imperial Government hope will be accepted by the Royal Government ; that as the Japanese Government are ready to give their adhesion to the Arrangements concluded by Siam with the several Treaty Powers in 1883, 1884 and 1885 for the Regulation of the Traffic in Spirituous Liquors, and also to agree to the Law of 1887, designed to carry those arrangements into full effect, the Siamese Government on their part will engage that the Japanese subjects shall at all times enjoy the same rights and privileges in regard to the importation and sale of spirits, beer, wines and spirituous liquors in Siam as the subjects or citizens of the most favoured nation ; that spirits , beer, wines and spirituous liquors imported into Siam from Japan shall enjoy the some privileges in all respects as similar articles imported from the most favoured nation; and that the exception contained in Section 4 of said Law in favour of wine and beer made in Europe and in the United States of America shall equally apply to wine and beer made in Japan.
I avail myself of this opportunity to renew to Your Royal Highness the assurances of my highest consideration.

(Signed) MANJIRO INAGAKI.

To His Royal Highness,
Krom Luang Devawongse Varoprakar,
H.R.S. M.'s Minister for Foreign Affairs.

(Translation.)

Foreign Office,
Bangkok, February 25th , 1898.

Monsieur le Ministre,
I have the honour to acknowledge the receipt of your note of this day's date relating to the Traffic of Spitrituous Liquors in Siam, and I am happy to state that His Majesty's Government accept the proposals of the Imperial Government of Japan as contained in your note under reply.
I avail myself of this occasion to express to you, Monsieur le Ministre, the assurance of my high consideration.

(Signed) DEVAWONGSE VAROPRAKAR,
Minister for Foreign Affairs.

Manjiro Inagaki, Esq.,
Minister Resident for Japan.