Signed at Washington,
December 8, 1923; ratification advised by the Senate, with reservations
and understandings, February 10, 1925; ratified by the President, October
6, 1925; ratified by Germany, August 20, 1925; ratifications exchanged
at Washington, October 14, 1925; proclaimed, October 14, 1925
The United States
of America and Germany, desirous of strengthening the bond of peace
which happily prevails between them, by arrangements designed to promote
friendly intercourse between their respective territories through provisions
responsive to the spiritual, cultural, economic and commercial aspirations
of the peoples thereof, have resolved to conclude a Treaty of Friendship,
Commerce and Consular Rights and for that purpose have appointed as
The President of the United States of America,
Mr. Charles Evans Hughes, Secretary of State of the United States of
The President of the German Empire,
Dr. Otto Wiedfeldt, German Ambassador to the United States of America,
Who, having communicated to each other their full powers found to be
in due form, have agreed upon the following articles:
The nationals of each of the High Contracting Parties shall be permitted
to enter, travel and reside in the territories of the other; to exercise
liberty of conscience and freedom of worship; to engage in professional,
scientific, religious, philanthropic, manufacturing and commercial work
of every kind without interference; to carry on every form of commercial
activity which is not forbidden by the local law; to own, erect or lease
and occupy appropriate buildings and to lease lands for residential,
scientific, religious, philanthropic, manufacturing, commercial and
mortuary purposes; to employ agents of their choice, and generally to
do anything incidental to or necessary for the enjoyment of any of the
foregoing privileges upon the same terms as nationals of the state of
residence or as nationals of the nation hereafter to be most favored
by it, submitting themselves to all local laws and regulations duly
The nationals of either High Contracting Party within the territories
of the other shall not be subjected to the payment of any internal charges
or taxes other or higher than those that are exacted of and paid by
The nationals of each High Contracting Party shall enjoy freedom of
access to the courts of justice of the other on conforming to the local
laws, as well for the prosecution as for the defense of their rights,
and in all degrees of jurisdiction established by law.
The nationals of each High Contracting Party shall receive within the
territories of the other, upon submitting to conditions imposed upon
its nationals, the most constant protection and security for their persons
and property, and shall enjoy in this respect that degree of protection
that is required by international law. Their property shall not be taken
without due process of law and without payment of just compensation.
Nothing herein contained shall be construed to affect existing statutes
of either country in relation to the immigration of aliens or the right
of either country to enact such statutes.
With respect to that form of protection granted by National, State or
Provincial laws establishing civil liability for injuries or for death,
and giving to relatives or heirs or dependents of an injured party a
right of action or a pecuniary benefit, such relatives or heirs or dependents
of the injured party, himself a national of either of the High Contracting
Parties and within any of the territories of the other, shall regardless
of their alienage or residence outside of the territory where the injury
occurred, enjoy the same rights and privileges as are or may be granted
to nationals, and under like conditions.
The dwellings, warehouses, manufacturies, shops and other places of
business, and all premises thereto appertaining of the nationals of
each of the High Contracting Parties in the territories of the other
used for any purposes set forth in Article I, shall be respected. It
shall not be allowable to make a domiciliary visit to, or search of
any such buildings and premises, or there to examine and inspect books,
papers or accounts, except under the conditions and in conformity with
the forms prescribed by the laws, ordinances and regulations for nationals.
Where, on the death of any person holding real or other immovable property
or interests therein within the territories of one High Contracting
Party, such property or interests therein would, by the laws of the
country or by a testamentary disposition, descend or pass to a national
of the other High Contracting Party, whether resident or non-resident,
were he not disqualified by the laws of the country where such property
or interests therein is or are situated, such national shall be allowed
a term of three years in which to sell the same, this term to be reasonably
prolonged if circumstances render it necessary, and withdraw the proceeds
thereof, without restraint or interference, and exempt from any succession,
probate or administrative duties or charges other than those which may
be imposed in like cases upon the nationals of the country from which
such proceeds may be drawn.
Nationals of either High Contracting Party may have full power to dispose
of their personal property of every kind within the territories of the
other, by testament, donation, or otherwise, and their heirs, legatees
and donees, of whatsoever nationality, whether resident or non-resident,
shall succeed to such personal property and may take possession thereof,
either by themselves or by others acting for them, and retain or dispose
of the same at their pleasure subject to the payment of such duties
or charges only as the nationals of the High Contracting Party within
whose territories such property may be or belong shall be liable to
pay in like cases.
The nationals of each of the High Contracting Parties in the exercise
of the right of freedom of worship, within the territories of the other,
as hereinabove provided, may, without annoyance or molestation of any
kind by reason of their religious belief or otherwise, conduct services
either within their own houses or within any appropriate buildings which
they may be at liberty to erect and maintain in convenient situations,
provided their teachings or practices are not contrary to public morals;
and they may also be permitted to bury their dead according to their
religious customs in suitable and convenient places established and
maintained for the purpose, subject to the reasonable mortuary and sanitary
laws and regulations of the place of burial.
In the event of war between either High Contracting Party and a third
State, such Party may draft for compulsory military service nationals
of the other having a permanent residence within its territories and
who have formally, according to its laws, declared an intention to adopt
its nationality by naturalization, unless such individuals depart from
the territories of said belligerent Party within sixty days after a
declaration of war.
territories of the High Contracting Parties there shall be freedom of
commerce and navigation. The nationals of each of the High Contracting
Parties equally with those of the most favored nation, shall have liberty
freely to come with their vessels and cargoes to all places, ports and
waters of every kind within the territorial limits of the other which
are or may be open to foreign commerce and navigation. Nothing in this
treaty shall be construed to restrict the right of either High Contracting
Party to impose, on such terms as it may see fit, prohibitions or restrictions
of a sanitary character designed to protect human, animal or plant life,
or regulations for the enforcement of police or revenue laws.
Each of the High Contracting Parties binds itself unconditionally to
impose no higher or other duties or conditions and no prohibition on
the importation of any article, the growth, produce or manufacture,
of the territories of the other than are or shall be imposed on the
importation of any like article, the growth, produce or manufacture
of any other foreign country.
Each of the High Contracting Parties also binds itself unconditionally
to impose no higher or other charges or other restrictions or prohibitions
on goods exported to the territories of the other High Contracting Party
than are imposed on goods exported to any other foreign country.
Any advantage of whatsoever kind which either High Contracting Party
may extend to any article, the growth, produce, or manufacture of any
other foreign country shall simultaneously and unconditionally, without
request and without compensation, be extended to the like article the
growth, produce or manufacture of the other High Contracting Party.
All the articles which are or may be legally imported from foreign countries
into ports of the United States, in United States vessels, may likewise
be imported into those ports in German vessels, without being liable
to any other or higher duties or charges whatsoever than if such articles
were imported in United States vessels; and, reciprocally, all articles
which are or may be legally imported from foreign countries into the
ports of Germany, in German vessels, may likewise be imported into these
ports in United States vessels without being liable to any other or
higher duties or charges whatsoever than if such were imported from
foreign countries in German vessels.
to the amount and collection of duties on imports and exports of every
kind, each of the two High Contracting Parties binds itself to give
to the nationals, vessels and goods of the other the advantage of every
favor, privilege or immunity which it shall have accorded to the nationals,
vessels and goods of a third State, and regardless of whether such favored
State shall have been accorded such treatment gratuitously or in return
for reciprocal compensatory treatment. Every such favor, privilege or
immunity which shall hereafter be granted the nationals, vessels or
goods of a third State shall simultaneously and unconditionally, without
request and without compensation, be extended to the other High Contracting
Party, for the benefit of itself, its nationals and vessels.
The stipulations of this Article shall apply to the importation of goods
into and the exportation of goods from all areas within the German customs
lines, but shall not extend to the treatment which either Contracting
Party shall accord to purely border traffic within a zone not exceeding
ten miles (15 kilometers) wide on either side of its customs frontier,
or to the treatment which is accorded by the United States to the commerce
of Cuba under the provisions of the Commercial Convention concluded
by the United States and Cuba on December 11, 1902, or any other commercial
convention which hereafter may be concluded by the United States with
Cuba, or to the commerce of the United States with any of its dependencies
and the Panama Canal Zone under existing or future laws.
The nationals and merchandise of each High Contracting Party within
the territories of the other shall receive the same treatment as nationals
and merchandise of the country with regard to internal taxes, transit
duties, charges in respect to warehousing and other facilities and the
amount of drawbacks and bounties.
of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar
or corresponding duties or charges of whatever denomination, levied
in the name or for the profit of the Government, public functionaries,
private individuals, corporations or establishments of any kind shall
be imposed in the ports of the territories of either country upon the
vessels of the other, which shall not equally, under the same conditions,
be imposed on national vessels. Such equality of treatment shall apply
reciprocally to the vessels of the two countries respectively from whatever
place they may arrive and whatever may be their place of destination.
Merchant vessels and other privately owned vessels under the flag of
either of the High Contracting Parties, and carrying the papers required
by its national laws in proof of nationality shall, both within the
territorial waters of the other High Contracting Party and on the high
seas, be deemed to be the vessels of the Party whose flag is flown.
and other privately owned vessels under the flag of either of the High
Contracting Parties shall be permitted to discharge portions of cargoes
at any port open to foreign commerce in the territories of the other
High Contracting Party, and to proceed with the remaining portions of
such cargoes to any other ports of the same territories open to foreign
commerce, without paying other or higher tonnage dues or port charges
in such cases than would be paid by national vessels in like circumstances,
and they shall be permitted to load in like manner at different ports
in the same voyage outward, provided, however, that the coasting trade
of the United States is exempt from the provisions of this Article and
from the other provisions of this Treaty, and is to be regulated according
to the laws of the United States in relation thereto. It is agreed,
however, that the nationals of either High Contracting Party shall within
the territories of the other enjoy with respect to the coasting trade
the most favored nation treatment.
Limited liability and other corporations and associations, whether or
not for pecuniary profit, which have been or may hereafter be organized
in accordance with and under the laws, National, State or Provincial,
of either High Contracting Party and maintain a central office within
the territories thereof, shall have their juridical status recognized
by the other High Contracting Party provided that they pursue no aims
within its territories contrary to its laws. They shall enjoy free access
to the courts of law and equity, on conforming to the laws regulating
the matter, as well for the prosecution as for the defense of rights
in all the degrees of jurisdiction established by law.
The right of such corporations and associations of either High Contracting
Party so recognized by the other to establish themselves within its
territories, establish branch offices and fulfill their functions therein
shall depend upon, and be governed solely by, the consent of such Party
as expressed in its National, State, or Provincial laws.
The nationals of either High Contracting Party shall enjoy within the
territories of the other, reciprocally and upon compliance with the
conditions there imposed, such rights and privileges as have been or
may hereafter be accorded the nationals of any other State with respect
to the organization of and participation in limited liability and other
corporations and associations, for pecuniary profit or otherwise, including
the rights of promotion, incorporation, purchase and ownership and sale
of shares and the holding of executive or official positions therein.
In the exercise of the foregoing rights and with respect to the regulation
or procedure concerning the organization or conduct of such corporations
or associations, such national shall be subjected to no conditions less
favorable than those which have been or may hereafter be imposed upon
the nationals of the most favored nation. The rights of any of such
corporations or associations as may be organized or controlled or participated
in by the nationals of either High Contracting Party within the territories
of the other to exercise any of their functions therein, shall be governed
by the laws and regulations, national, state or provincial, which are
in force or may hereafter be established within the territories of the
Party wherein they propose to engage in business. The foregoing stipulations
do not apply to the organization of and participation in political associations.
The nationals of either High Contracting Party shall, moreover, enjoy
within the territories of the other, reciprocally and upon compliance
with the conditions there imposed, such rights and privileges as have
been or may hereafter be accorded the nationals of any other State with
respect to the mining of coal, phosphate, oil, oil shale, gas, and sodium
on the public domain of the other.
(a) Manufacturers, merchants, and traders domiciled within the jurisdiction
of one of the High Contracting Parties may operate as commercial travelers
either personally or by means of agents or employees within the jurisdiction
of the other High Contracting Party on obtaining from the latter, upon
payment of a single fee, a license which shall be valid throughout its
entire territorial jurisdiction.
In case either of the High Contracting Parties shall be engaged in war,
it reserves to itself the right to prevent from operating within its
jurisdiction under the provisions of this article, or otherwise, enemy
nationals or other aliens whose presence it may consider prejudicial
to public order and national safety.
(b) In order to secure the license above mentioned the applicant must
obtain from the country of domicile of the manufacturers, merchants,
and traders represented a certificate attesting his character as a commercial
traveler. This certificate, which shall be issued by the authority to
be designated in each country for the purpose, shall be viseed by the
consul of the country in which the applicant proposes to operate, and
the authorities of the latter shall, upon the presentation of such certificate,
issue to the applicant the national license as provided in Section (a).
(c) A commercial traveler may sell his samples without obtaining a special
license as an importer.
(d) Samples without commercial value shall be admitted to entry free
Samples marked, stamped or defaced in such manner that they cannot be
put to other uses shall be considered as objects without commercial
(e) Samples having commercial value shall be provisionally admitted
upon giving bond for the payment of lawful duties if they shall not
have been withdrawn from the country within a period of six (6) months.
Duties shall be paid on such portion of the samples as shall not have
been so withdrawn.
(f) All customs formalities shall be simplified as much as possible
with a view to avoid delay in the despatch of samples.
(g) Peddlers and other salesmen who vend directly to the consumer, even
though they have not an established place of business in the country
in which they operate, shall not be considered as commercial travelers,
but shall be subject to the license fees levied on business of the kind
which they carry on.
(h) No license shall be required of:
(1) Persons traveling only to study trade and its needs, even though
they initiate commercial relations, provided they do not make sales
(2) Persons operating through local agencies which pay the license fee
or other imposts to which their business is subject.
(3) Travelers who are exclusively buyers.
(i) Any concessions affecting any of the provisions of the present Article
that may hereafter be granted by either High Contracting Party, either
by law or by treaty or convention, shall immediately be extended to
the other Party.
(a) Regulations governing the renewal and transfer of licenses issued
under the provisions of Article XIV, and the imposition of fines and
other penalties for any misuse of licenses may be made by either of
the High Contracting Parties whenever advisable within the terms of
Article XIV and without prejudice to the rights defined therein.
If such regulations permit the renewal of licenses, the fee for renewal
will not be greater than that charged for the original license.
If such regulations permit the transfer of licenses, upon satisfactory
proof that transferee or assignee is in every sense the true successor
of the original licensee, and that he can furnish a certificate of identification
similar to that furnished by the original licensee, he will be allowed
to operate as a commercial traveler pending the arrival of the new certificate
of identification, but the cancellation of the bond for the samples
shall not be effected before the arrival of the said certificate.
(b) It is the citizenship of the firm that the commercial traveler represents,
and not his own, that governs the issuance to him of a certificate of
The High Contracting Parties agree to empower the local customs officials
or other competent authorities to issue the said licenses upon surrender
of the certificate of identification and authenticated list of samples,
acting as deputies of the central office constituted for the issuance
and regulation of licenses. The said officials shall immediately transmit
the appropriate documentation to the central office, to which the licensee
shall thereafter give due notice of his intention to ask for the renewal
or transfer of his license, if these acts be allowable, or cancellation
of his bond, upon his departure from the country. Due notice in this
connection will be regarded as the time required for the exchange of
correspondence in the normal mail schedules, plus five business days
for purposes of official verification and registration.
(c) It is understood that the traveler will not engage in the sale of
other articles than those embraced by his lines of business; he may
sell his samples, thus incurring an obligation to pay the customs duties
thereupon, but he may not sell other articles brought with him or sent
to him, which are not reasonably and clearly representative of the kind
of business he purports to represent.
(d) Advertising matter brought by commercial travelers in appropriate
quantities shall be treated as samples without commercial value. Objects
having a depreciative commercial value because of adaptation for purposes
of advertisement, and intended for gratuitous distribution, shall, when
introduced in reasonable quantities, also be treated as samples without
commercial value. It is understood, however, that this prescription
shall be subject to the customs laws of the respective countries. Samples
accompanying the commercial traveler will be despatched as a portion
of his personal baggage; and those arriving after him will be given
precedence over ordinary freight.
(e) If the original license was issued for a period longer than six
months, or if the license be renewed, the bond for the samples will
be correspondingly extended. It is understood, however, that this prescription
shall be subject to the customs laws of the respective countries.
There shall be complete freedom of transit through the territories including
territorial waters of each High Contracting Party on the routes most
convenient for international transit, by rail, navigable waterway, and
canal, other than the Panama Canal and waterways and canals which constitute
international boundaries of the United States, to persons and goods
coming from or going through the territories of the other High Contracting
Party, except such persons as may be forbidden admission into its territories
or goods of which the importation may be prohibited by law. Persons
and goods in transit shall not be subjected to any transit duty, or
to any unnecessary delays or restrictions, and shall be given national
treatment as regards charges, facilities, and all other matters.
Goods in transit must be entered at the proper customhouse, but they
shall be exempt from all customs or other similar duties.
All charges imposed on transport in transit shall be reasonable, having
regard to the conditions of the traffic.
Each of the High Contracting Parties agrees to receive from the other,
consular officers in those of its ports, places and cities, where it
may be convenient and which are open to consular representatives of
any foreign country.
Consular officers of each of the High Contracting Parties shall, after
entering upon their duties, enjoy reciprocally in the territories of
the other all the rights, privileges, exemptions and immunities which
are enjoyed by officers of the same grade of the most favored nation.
As official agents, such officers shall be entitled to the high consideration
of all officials, national or local, with whom they have official intercourse
in the state which receives them.
The Government of each of the High Contracting Parties shall furnish
free of charge the necessary exequatur of such consular officers of
the other as present a regular commission signed by the chief executive
of the appointing state and under its great seal; and it shall issue
to a subordinate or substitute consular officer duly appointed by an
accepted superior consular officer with the approbation of his Government,
or by any other competent officer of that Government such documents
as according to the laws of the respective countries shall be requisite
for the exercise by the appointee of the consular function. On the exhibition
of an exequatur, or other document issued in lieu thereof to such subordinate,
such consular officer shall be permitted to enter upon his duties and
to enjoy the rights, privileges and immunities granted by this treaty.
Consular officers, nationals of the state by which they are appointed,
shall be exempt from arrest except when charged with the commission
of offenses locally designated as crimes other than misdemeanors and
subjecting the individual guilty thereof to punishment. Such officers
shall be exempt from military billetings, and from service of any military
or naval, administrative or police character whatsoever.
In criminal cases the attendance at the trial by a consular officer
as a witness may be demanded by the prosecution or defense. The demand
shall be made with all possible regard for the consular dignity and
the duties of the office; and there shall be compliance on the part
of the consular officer.
Consular officers shall be subject to the jurisdiction of the courts
in the state which receives them in civil cases, subject to the proviso,
however, that when the officer is a national of the state which appoints
him and is engaged in no private occupation for gain, his testimony
shall be taken orally or in writing at his residence or office and with
due regard for his convenience. The officer should, however, voluntarily
give his testimony at the trial whenever it is possible to do so without
serious interference with his official duties.
Consular officers, including employees in a consulate, nationals of
the State by which they are appointed other than those engaged in private
occupations for gain within the State where they exercise their functions
shall be exempt from all taxes, National, State, Provincial and Municipal,
levied upon their persons or upon their property, except taxes levied
on account of the possession or ownership of immovable property situated
in, or income derived from property of any kind situated or belonging
within the territories of the State within which they exercise their
functions. All consular officers and employees, nationals of the State
appointing them shall be exempt from the payment of taxes on the salary,
fees or wages received by them in compensation for their consular services.
Lands and buildings situated in the territories of either High Contracting
Party, of which the other High Contracting Party is the legal or equitable
owner and which are used exclusively for governmental purposes by that
owner, shall be exempt from taxation of every kind, National, State,
Provincial and Municipal, other than assessments levied for services
or local public improvements by which the premises are benefited.
Consular officers may place over the outer door of their respective
offices the arms of their State with an appropriate inscription designating
the official office. Such officers may also hoist the flag of their
country on their offices including those situated in the capitals of
the two countries. They may likewise hoist such flag over any boat or
vessel employed in the exercise of the consular function.
The consular offices and archives shall at all times be inviolable.
They shall under no circumstances be subjected to invasion by any authorities
of any character within the country where such offices are located.
Nor shall the authorities under any pretext make any examination or
seizure of papers or other property deposited within a consular office.
Consular offices shall not be used as places of asylum. No consular
officer shall be required to produce official archives in court or testify
as to their contents.
Upon the death, incapacity, or absence of a consular officer having
no subordinate consular officer at his post, secretaries or chancellors,
whose official character may have previously been made known to the
government of the State where the consular function was exercised, may
temporarily exercise the consular function of the deceased or incapacitated
or absent consular officer; and while so acting shall enjoy all the
rights, prerogatives and immunities granted to the incumbent.
Consular officers, nationals of the State by which they are appointed,
may, within their respective consular districts, address the authorities,
National, State, Provincial or Municipal, for the purpose of protecting
their countrymen in the enjoyment of their rights accruing by treaty
or otherwise. Complaint may be made for the infraction of those rights.
Failure upon the part of the proper authorities to grant redress or
to accord protection may justify interposition through the diplomatic
channel, and in the absence of a diplomatic representative, a consul
general or the consular officer stationed at the capital may apply directly
to the government of the country.
Consular officers may, in pursuance of the laws of their own country,
take, at any appropriate place within their respective districts, the
depositions of any occupants of vessels of their own country, or of
any national of, or of any person having permanent residence within
the territories of, their own country. Such officers may draw up, attest,
certify and authenticate unilateral acts, deeds, and testamentary dispositions
of their countrymen, and also contracts to which a countryman is a party.
They may draw up, attest, certify and authenticate written instruments
of any kind purporting to express or embody the conveyance or encumbrance
of property of any kind within the territory of the State by which such
officers are appointed, and unilateral acts, deeds, testamentary dispositions
and contracts relating to property situated, or business to be transacted
within, the territories of the State by which they are appointed, embracing
unilateral acts, deeds, testamentary dispositions or agreements executed
solely by nationals of the State within which such officers exercise
Instruments and documents thus executed and copies and translations
thereof, when duly authenticated under his official seal by the consular
officer shall be received as evidence in the territories of the contracting
parties as original documents or authenticated copies, as the case may
be, and shall have the same force and effect as if drawn by and executed
before a notary or other public officer duly authorized in the country
by which the consular officer was appointed; provided, always that such
documents shall have been drawn and executed in conformity to the laws
and regulations of the country where they are designed to take effect.
A consular officer shall have exclusive jurisdiction over controversies
arising out of the internal order of private vessels of his country,
and shall alone exercise jurisdiction in cases, wherever arising, between
officers and crews, pertaining to the enforcement of discipline on board,
provided the vessel and the persons charged with wrongdoing shall have
entered a port within his consular district. Such an officer shall also
have jurisdiction over issues concerning the adjustment of wages and
the execution of contracts relating thereto provided the local laws
When an act committed on board of a private vessel under the flag of
the State by which the consular officer has been appointed and within
the territorial waters of the State to which he has been appointed constitutes
a crime according to the laws of that State, subjecting the person guilty
thereof to punishment as a criminal, the consular officer shall not
exercise jurisdiction except in so far as he is permitted to do so by
the local law.
A consular officer may freely invoke the assistance of the local police
authorities in any matter pertaining to the maintenance of internal
order on board of a vessel under the flag of his country within the
territorial waters of the State to which he is appointed, and upon such
a request the requisite assistance shall be given.
A consular officer may appear with the officers and crews of vessels
under the flag of his country before the judicial authorities of the
State to which he is appointed to render assistance as an interpreter
In case of the death of a national of either High Contracting Party
in the territory of the other without having in the territory of his
decease any known heirs or testamentary executors by him appointed,
the competent local authorities shall at once inform the nearest consular
officer of the State of which the deceased was a national of the fact
of his death, in order that necessary information may be forwarded to
the parties interested.
In case of the death of a national of either of the High Contracting
Parties without will or testament, in the territory of the other High
Contracting Party, the consular officer of the State of which the deceased
was a national and within whose district the deceased made his home
at the time of death, shall, so far as the laws of the country permit
and pending the appointment of an administrator and until letters of
administration have been granted, be deemed qualified to take charge
of the property left by the decedent for the preservation and protection
of the same. Such consular officer shall have the right to be appointed
as administrator within the discretion of a tribunal or other agency
controlling the administration of estates provided the laws of the place
where the estate is administered so permit.
Whenever a consular officer accepts the office of administrator of the
estate of a deceased countryman, he subjects himself as such to the
jurisdiction of the tribunal or other agency making the appointment
for all necessary purposes to the same extent as a national of the country
where he was appointed.
A consular officer of either High Contracting Party may in behalf of
his non-resident countrymen receipt for their distributive shares derived
from estates in process of probate or accruing under the provisions
of socalled Workmen's Compensation Laws or other like statutes provided
he remit any funds so received through the appropriate agencies of his
Government to the proper distributees, and provided further that he
furnish to the authority or agency making distribution through him reasonable
evidence of such remission.
A consular officer of either High Contracting Party shall have the right
to inspect within the ports of the other High Contracting Party within
his consular district, the private vessels of any flag destined or about
to clear for ports of the country appointing him in order to observe
the sanitary conditions and measures taken on board such vessels, and
to be enabled thereby to execute intelligently bills of health and other
documents required by the laws of his country, and to inform his Government
concerning the extent to which its sanitary regulations have been observed
at ports of departure by vessels destined to its ports, with a view
to facilitating entry of such vessels therein.
Each of the High Contracting Parties agrees to permit the entry free
of all duty and without examination of any kind, of all furniture, equipment
and supplies intended for official use in the consular offices of the
other, and to extend to such consular officers of the other and their
families and suites as are its nationals, the privilege of entry free
of duty of their baggage and all other personal property, whether accompanying
the officer to his post or imported at any time during his encumbency
thereof; provided, nevertheless, that no article, the importation of
which is prohibited by the law of either of the High Contracting Parties,
may be brought into its territories.
It is understood, however, that this privilege shall not be extended
to consular officers who are engaged in any private occupation for gain
in the countries to which they are accredited, save with respect to
All proceedings relative to the salvage of vessels of either High Contracting
Party wrecked upon the coasts of the other shall be directed by the
consular officer of the country to which the vessel belongs and within
whose district the wreck may have occurred. Pending the arrival of such
officer, who shall be immediately informed of the occurrence, the local
authorities shall take all necessary measures for the protection of
persons and the preservation of wrecked property. The local authorities
shall not otherwise interfere than for the maintenance of order, the
protection of the interests of the salvors, if these do not belong to
the crews that have been wrecked, and to carry into effect the arrangements
made for the entry and exportation of the merchandise saved. It is understood
that such merchandise is not to be subjected to any customhouse charges,
unless it be intended for consumption in the country where the wreck
may have taken place.
The intervention of the local authorities in these different cases shall
occasion no expense of any kind, except such as may be caused by the
operations of salvage and the preservation of the goods saved, together
with such as would be incurred under similar circumstances by vessels
of the nation.
Subject to any limitation or exception hereinabove set forth or hereafter
to be agreed upon, the territories of the High Contracting Parties to
which the provisions of this Treaty extend shall be understood to comprise
all areas of land, water, and air over which the Parties respectively
claim and exercise dominion as sovereign thereof, except the Panama
Canal Zone; for purposes connected with customs administration the territory
of Germany shall be deemed to be co-terminus with the area included
within the German customs lines.
Nothing in the present Treaty shall be construed to limit or restrict
in any way the rights, privileges and advantages accorded to the United
States or its nationals or to Germany or its nationals, by the Treaty
between the United States and Germany restoring friendly relations,
concluded on August 25, 1921.
The present treaty shall remain in full force for the term of ten years
from the date of the exchange of ratifications, on which date it shall
begin to take effect in all of its provisions.
If within one year before the expiration of the aforesaid period of
ten years neither High Contracting Party notifies to the other an intention
of modifying, by change or omission, any of the provisions of any of
the articles in this Treaty or of terminating it upon the expiration
of the aforesaid period, the Treaty shall remain in full force and effect
after the aforesaid period and until one year from such a time as either
of the High Contracting Parties shall have notified to the other an
intention of modifying or terminating the Treaty.
The present Treaty shall be ratified, and the ratifications thereof
shall be exchanged at Washington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the
same and have affixed their seals hereto.
Done in duplicate, in the English and German languages, at the City
of Washington, this 8th day of December, 1923.
Charles Evans Hughes. Dr.
Conventions, International Acts, Protocols and Agreements Between the
United States of America and Other Powers. 1923-1937, Volume IV. United
States Government Printing Office, Washington, 1938, pp. 4191.