and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen. ARTICLE 16 All vessels which, according to British law, are to be deemed British vessels, and all vessels which, according to Portuguese law, are to be deemed Portuguese vessels, shall, for the purposes of this treaty, be deemed British or Portuguese vessels respectively. ARTICLE 17 Limited liability and other companies and associations, commercial, industrial, and financial, already or hereafter to be organized in accordance with the laws of either contracting party and registered in the territories of such party, are authorized in the territories of the other to exercise their rights and appear in the courts either as plaintiffs or defendants, subject to the laws of such other party. ARTICLE 18 It shall be free to each of the high contracting parties to appoint consuls-general, consuls, vice-consuls, and consular agents to reside in the towns and ports of the territories of the other. Such consulsgeneral, 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. ARTICLE 19 The consuls and consular agents of each of the contracting parties, residing in the territories of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. Provided that this stipulation shall not apply to subjects or citizens of the state in whose territory the desertion takes place. ARTICLE 20 The subjects or citizens of each of the high contracting parties shall have, in the territories of the other, the same rights as subjects or citizens of that State in regard to patents for inventions, trade-marks, and designs, upon fulfillment of the formalities prescribed by law. ARTICLE 21 The present treaty shall extend, as regards Portugal, to the mothercountry and adjacent islands (Madeira, Porto Santo, and Azores), but shall not extend to any of the dominions, colonies, possessions, or protectorates of either contracting party unless notice of the desire of such contracting party that the treaty shall apply to any such dominion, colony, possession, or protectorate shall have been given to the other contracting party before the expiration of one year from the date of the exchange of the ratifications of the present treaty. Nevertheless, the goods produced or manufactured in any of His Britannic Majesty's dominions, colonies, possessions, and protectorates shall enjoy in Portugal complete and unconditional most-favorednation treatment so long as such dominion, colony, possession, or protectorate shall accord to goods the produce or manufacture of Portugal treatment as favorable as it gives to the produce or manufacture of any other foreign country; and reciprocally the goods produced or manufactured in any Portuguese colony or possession shall enjoy like most-favored-nation treatment in the United Kingdom of Great Britain and Ireland so long as such colony or possession shall accord to goods the produce or manufacture of the United Kingdom treatment as favorable as it gives to the produce or manufacture of any other foreign country. Colonial goods reëxported from the mother-country of one of the contracting parties shall be treated in the territory of the other as proceeding from that mother-country, and shall therefore be exempt from supertaxes on indirect trade which may eventually be established. ARTICLE 22 Any controversy which may arise between the contracting parties. regarding the interpretation or application of the present treaty, as well as the rates of the conventional tariffs agreed upon between the contracting parties and third states, shall, on the demand of one or other of the contracting parties, be adjusted by means of arbitration. A court of arbitration shall in each case be constituted in the following manner: 1. Each of the contracting parties shall name an arbitrator from among the competent subjects or citizens of the country. 2. The two contracting parties shall then choose a subject of a third country to act as umpire. 3. In the event of no agreement being reached as to the umpire, each of the contracting parties shall name a candidate of different nationality from those of the persons proposed under the preceding paragraph. The selection of one of the two candidates so nominated for the office of umpire shall be decided by lot, unless the two contracting parties shall come to an agreement on the subject. The umpire shall preside at the court of arbitration, which shall decide by a majority of votes. On the first occasion of arbitration the court shall sit in the territory of the country decided by lot; in the second case it shall sit in the territory of the other country; and subsequently alternately in the territory of the two contracting parties in a place selected by the government of the country where the court is to meet. The necessary officers and staff shall be provided for the court by the government of the country in which it meets. Each of the contracting parties shall be represented before the court by one or more agents, who may be assisted by lawyers. The proceedings shall be solely in writing, but, nevertheless the court shall be entitled to require verbal explanations from the agents of the two parties and to hear experts and witnesses if they shall deem such a course advisable. The costs of the arbitration shall be divided equally between the two contracting parties. ARTICLE 23 The present treaty shall be ratified and the ratifications shall be exchanged at Lisbon as soon as possible. It shall come into force fifteen days after the exchange of ratification,1 and shall remain binding for a period of ten years. In case neither of the contracting parties shall have given notice to the other twelve months before the date of expiration of this period of their intention to terminate it, it shall remain in force until the expiration of one year from the day on which either of the contracting parties shall have denounced it. As regards, however, the dominions, colonies, possessions, and protectorates which may have adhered to the present treaty in virtue of Article 21, either of the contracting parties shall have the right to terminate it separately at any time on giving twelve months' notice to that effect. It is understood that the stipulations of the present and of the pre 1 See, however, Declaration of May 20, 1916, p. 142, infra. ceding article referring to British dominions, colonies, possessions, or protectorates apply also to the Island of Cyprus. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereto their seals. Done in duplicate at Lisbon, the 12th day of August, 1914. (L.S.) LANCELOT D. CARNEGIE. ALFREDO Augusto. FREIRE DE ANDRADE. FINAL PROTOCOL On proceeding to sign the Treaty of Commerce and Navigation concluded this day between the United Kingdom and Portugal the undersigned plenipotentiaries have made the following reservations and declarations, which shall form an integral part of the treaty: Ad ARTICLE 17 It is understood that the provisions of Article 17 do not affect the right of either contracting party to require, by their internal legislation, the prior consent of the competent local authorities before foreign companies or associations can institute local branches or agencies for the carrying out of banking or assurance operations. It is understood that the provisions of this treaty, which secure in Portugal most-favored-nation treatment to British goods and vessels, shall not apply to the special favors which Portugal accords, or may hereafter accord, to the goods or vessels of Spain or Brazil. It is understood that this treaty shall not come into force until the sanction of the British Parliament for Article 6 has been obtained.1 The present protocol, which shall be considered as approved and sanctioned by the contracting parties without any other special ratification, by the sole fact of the exchange of the ratifications of the treaty to which it appertains, has been drawn up in duplicate at Lisbon the 12th August, 1914. LANCELOT D. CARNEGIE. ALFREDO Augusto. 1 See Declaration of May 20, 1916, p. 142, infra. DECLARATION The plenipotentiary of His Britannic Majesty on signing the treaty declares that the concession by His Majesty's Government in Article 6 is made only in return for improvement in the customs treatment of British goods by the Portuguese Government, and without prejudice to the views of the two contracting parties as to the proper interpretation to be placed on Article 4 of the Madrid Convention of the 14th April, 1891.1 In witness whereof the respective plenipotentiaries have signed the present Declaration. DECLARATION May 20, 1916 LANCELOT D. CARNEGIE. ALFREDO Augusto Exchange of Ratifications The undersigned, having met together in order to proceed to the exchange of the ratifications of His Majesty the King of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and his Excellency the President of the Portuguese Republic, of the Treaty of Commerce and Navigation between Great Britain and Portugal, signed at Lisbon on the 12th August, 1914, and having produced the instruments of these ratifications, which were found in order, to correspond, and drawn up in good and due form, made the following Declaration, which is hereby recorded in the present act with the same force as if it were annexed to the text of the treaty: As soon as the Treaty of Commerce and Navigation between Great Britain and Portugal, signed at Lisbon on the 12th August, 1914, enters into force, the description "port" applied to wine the produce of Portugal imported into the United Kingdom shall be deemed to be a false description, for the purposes mentioned in Article 6 of the said treaty, if the wine is not accompanied by a certificate issued by the competent Portuguese authorities guaranteeing that, according to the terms of Portuguese law, the said description may be applied thereto. 1 See Treaty Series, No. 13 (1892). |